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Georgia State University College of Law

2023

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Articles 1 - 30 of 89

Full-Text Articles in Law

Lendingpoint Consolidated, Inc., Et. Al. V. Bdo Usa, Llp, Et. Al., Order On Motions To Dismiss, Kelly L. Ellerbe Nov 2023

Lendingpoint Consolidated, Inc., Et. Al. V. Bdo Usa, Llp, Et. Al., Order On Motions To Dismiss, Kelly L. Ellerbe

Georgia Business Court Opinions

No abstract provided.


Bernard Parks, Jr., Et. Al. V. Kelly King Et Al., Order On Cross Motions For Summary Judgment Regarding Plaintiffs' Claims Against Defendants, John J. Goger Sep 2023

Bernard Parks, Jr., Et. Al. V. Kelly King Et Al., Order On Cross Motions For Summary Judgment Regarding Plaintiffs' Claims Against Defendants, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Saint Joseph Health System, Et. Al. V. Emory Healthcare, Inc., Et Al., Order On Cross Motions For Summary Judgment, John J. Goger Sep 2023

Saint Joseph Health System, Et. Al. V. Emory Healthcare, Inc., Et Al., Order On Cross Motions For Summary Judgment, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Shooting In The Park: Distinguishing Public From Private Property Under Georgia’S Firearms Carrying Laws, Mackenzie Miller Sep 2023

Shooting In The Park: Distinguishing Public From Private Property Under Georgia’S Firearms Carrying Laws, Mackenzie Miller

Law Review Blog Posts

Georgia’s recent expansion of concealed carry creates safety problems for public events within the state’s parks. Exploring Georgia’s gun laws, this Article examines possible loopholes and addresses growing concerns.


James C. Robinson, Et. Al., Fisherbroyles, Llp, Et. Al., Order Denying Motions To Exclude Market Value Opinions, Eric A. Richardson Aug 2023

James C. Robinson, Et. Al., Fisherbroyles, Llp, Et. Al., Order Denying Motions To Exclude Market Value Opinions, Eric A. Richardson

Georgia Business Court Opinions

No abstract provided.


James C. Robinson, Et. Al. V. Fisherbroyles, Llp, Et. Al., Order On Plaintiff's Motion For Sanctions, Eric A. Richardson Aug 2023

James C. Robinson, Et. Al. V. Fisherbroyles, Llp, Et. Al., Order On Plaintiff's Motion For Sanctions, Eric A. Richardson

Georgia Business Court Opinions

No abstract provided.


Elba Liquefaction Co., Et. Al. V. Ihi E&C Int'l Corp., Fourth Amended Case Mgmt Order, Kelly Lee Ellerbe Jun 2023

Elba Liquefaction Co., Et. Al. V. Ihi E&C Int'l Corp., Fourth Amended Case Mgmt Order, Kelly Lee Ellerbe

Georgia Business Court Opinions

No abstract provided.


Fuqua Bcde Peachtree Corners Project Owner V. Ordner Construction Co., Et. Al., Order On Defendants' Motion To Dismiss, Wesley B. Tailor May 2023

Fuqua Bcde Peachtree Corners Project Owner V. Ordner Construction Co., Et. Al., Order On Defendants' Motion To Dismiss, Wesley B. Tailor

Georgia Business Court Opinions

No abstract provided.


The Tourism Industry And Plastic Waste Policies - Comparative Perspectives From The Portuguese Experience, Marina Monne De Oliveira, Romulo S.R. Sampaio, Patricia Regina Pinheiro Sampaio May 2023

The Tourism Industry And Plastic Waste Policies - Comparative Perspectives From The Portuguese Experience, Marina Monne De Oliveira, Romulo S.R. Sampaio, Patricia Regina Pinheiro Sampaio

Journal of Comparative Urban Law and Policy

This paper investigates the correlations between the tourism industry and plastic waste. It starts by evidencing that increase in tourism is likely to enhance the volume and improper destination of waste, including plastic, which has become a major environmental concern in touristic cities. The paper suggests that, on the other hand, negative environmental impact caused by plastic may disincentivize tourism, due to pollution in beaches and seas. As tourism grew in Portugal, the country experienced an increase in plastic waste and has taken measures to deal with the problem. Portugal passed federal legislation to ban single-use plastic tableware as of …


Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al., Order On Motions For Summary Judgment, Kelly Lee Ellerbe May 2023

Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al., Order On Motions For Summary Judgment, Kelly Lee Ellerbe

Georgia Business Court Opinions

No abstract provided.


Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al., Order On Defendants' Motion To Exclude Testimony, Kelly L. Ellerbe May 2023

Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al., Order On Defendants' Motion To Exclude Testimony, Kelly L. Ellerbe

Georgia Business Court Opinions

No abstract provided.


Company.Com, Llc V. Priority Payment Systems, Llc, Order On Motion For Interlocutory Injunction And Motion To Dismiss, John J. Goger May 2023

Company.Com, Llc V. Priority Payment Systems, Llc, Order On Motion For Interlocutory Injunction And Motion To Dismiss, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Spring 2023 Cover Page, Georgia State University Law Review May 2023

Spring 2023 Cover Page, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.


Trading Nonenforcement, Ryan Snyder May 2023

Trading Nonenforcement, Ryan Snyder

Georgia State University Law Review

In recent years, federal agencies have increasingly used nonenforcement as a bargaining chip—promising not to enforce a legal requirement in exchange for a regulated party’s promise to do something else that the law doesn't require. This Article takes an in-depth look at how these nonenforcement trades work, why agencies and regulated parties make them, and the effects they have on social policy. The Article argues that these trades pose serious risks: Agencies often use trading to evade procedural and substantive limits on their power. The trades themselves present fairness problems, both because they tend to reward large, well-connected firms and …


First Inside Page, Georgia State University Law Review May 2023

First Inside Page, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.


Faculty Masthead, Georgia State University Law Review May 2023

Faculty Masthead, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.


Table Of Contents, Georgia State University Law Review May 2023

Table Of Contents, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.


The Literary Language Of Privacy—How Judges' Use Of Literature Reveals Images Of Privacy In The Law, Elizabeth De Armond May 2023

The Literary Language Of Privacy—How Judges' Use Of Literature Reveals Images Of Privacy In The Law, Elizabeth De Armond

Georgia State University Law Review

George Orwell’s Nineteen Eighty-Four. When we think of literary works and privacy, that is the first book that comes to mind, and the same is true for judges penning privacy law opinions too. Although the novel is notable for expressing fears of authoritarian overreach, other literary works offer judges a tool for describing the plights of parties before them—parties who seek to vindicate breaches of privacy in many different forms. Nineteen Eighty-Four particularly suits cases that challenge government surveillance or non-governmental wiretapping. References to Franz Kafka and Joseph Heller illuminate other privacy harms, such as unease with governmental collection, …


Public Good Through Charter Schools?, Philip Hackney May 2023

Public Good Through Charter Schools?, Philip Hackney

Georgia State University Law Review

Should nonprofit charter schools be considered “charitable” under § 501(c)(3) of the Internal Revenue Code and be entitled to the benefits that go with that designation (income tax exemption, charitable contribution deduction, etc.)? Current tax law treats them as such; the question is whether there is a good rationale for this treatment. In addition to efficiency and equity, I consider political justice as a value in evaluating tax policy. By political justice, I mean a democratic system that prioritizes the opportunity for more people to have a voice in collective decisions (political voice equality or PVE). Thus, a tax policy …


Canary In A Coal Mine: What It Means To Lose A Constitutional Right, Mary Ziegler May 2023

Canary In A Coal Mine: What It Means To Lose A Constitutional Right, Mary Ziegler

Georgia State University Law Review

Remarks on Dobbs v. Jackson Women's Health Organization by Mary Ziegler at the 66th Henry J. Miller Distinguished Lecture


Member Masthead, Georgia State University Law Review May 2023

Member Masthead, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.


High Time To Revisit Federal Drug Sentencing: The Confusing Interplay Between Controlled Substances And Career Offender Sentence Enhancements, Carly Knight May 2023

High Time To Revisit Federal Drug Sentencing: The Confusing Interplay Between Controlled Substances And Career Offender Sentence Enhancements, Carly Knight

Georgia State University Law Review

The 1970s in the United States were largely defined by wars, both foreign and domestic: the Vietnam War and the War on Drugs, respectively. As part of President Richard Nixon’s anti-drug offensive, Congress enacted the Controlled Substances Act (CSA), part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The CSA organized—and criminalized—various drugs into schedules based on their permissible uses and potential for abuse. As states enacted their own versions of the CSA, some states chose to criminalize additional substances that were not included in the CSA.

The Sentencing Reform Act of 1984 and the United States …


Copyright Page, Georgia State University Law Review May 2023

Copyright Page, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.


Inside Front Cover Page, Georgia State University Law Review May 2023

Inside Front Cover Page, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.


Correcting Crooked Licensing Boards With A Revolving-Door Statute, Ronnie Thompson May 2023

Correcting Crooked Licensing Boards With A Revolving-Door Statute, Ronnie Thompson

Georgia State University Law Review

Contrary to conventional wisdom, occupational licensing restrictions do not serve a primary purpose of protecting consumers. They instead wage war on the market economy. This reality is unsurprising when one considers the makeup of a typical licensing board, which consists primarily of active market participants. These industry incumbents scheme to keep potential competitors out. Entrance exams for florists and onerous educational requirements for interior designers—absurd as they seem—become the rule rather than the exception. Despite their propensity for anticompetitive conduct, licensing boards elude review under the Sherman Act, the nation’s chief law regulating anticompetitive conduct. Licensing boards need not defend …


Degrees Of Losing: A Challenge To The Federal "Frozen Benefit Rule", Tuscan A. Fairfield May 2023

Degrees Of Losing: A Challenge To The Federal "Frozen Benefit Rule", Tuscan A. Fairfield

Georgia State University Law Review

The 2016 amendment to the Uniformed Services Former Spouses’ Protection Act dramatically changed the level of discretion afforded to states in dividing military retired pay between divorcing parties. Now, all divorces involving an active service member at the time of divorce must adhere to Congress’s strict formula when dividing the former spouse’s interest in the service member’s pension. This Note explores the question of whether Congress overstepped its constitutional limitations in directing the actions of state courts, whether the new rule may violate principles of equal protection doctrine, and whether a challenge to the novel scheme has any chance of …


Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al., Order On Motion To Withdraw Admissions, Kelly Lee Ellerbe Apr 2023

Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al., Order On Motion To Withdraw Admissions, Kelly Lee Ellerbe

Georgia Business Court Opinions

No abstract provided.


Mitigating Peer-To-Peer Housing Impacts: Toward A Rational Nexus P2p Housing Impact Mitigation Strategy, Arthur C. Nelson Apr 2023

Mitigating Peer-To-Peer Housing Impacts: Toward A Rational Nexus P2p Housing Impact Mitigation Strategy, Arthur C. Nelson

Journal of Comparative Urban Law and Policy

Traveler lodging has been around since humans created tribes and certainly since they invented civilization. The internet and the rise of peer-to-peer, short-term housing has accelerated traveler and lodging opportunities. Today, Airbnb alone has nearly three million hosts offering more than seven million listings. This article explores the rise of “peer-to-peer,” or P2P housing, and offers economic, planning, and public policy perspectives.


Lisbon: Pelos Frutos Conhece-Se A Arvore: Food Waste In The Land Of Plenty, Becky Jacobs Apr 2023

Lisbon: Pelos Frutos Conhece-Se A Arvore: Food Waste In The Land Of Plenty, Becky Jacobs

Journal of Comparative Urban Law and Policy

According to the Food and Agriculture Organization of the United Nations, one-third of all food produced for human consumption, approximately 1.3 billion tons per year, is wasted or lost globally. Data as of March 1, 2020 indicates that Europe produces 88 million tons of food waste annually, of which approximately one million tons is food waste from Portugal. Portugal has, and Lisbon in particular has, been a leader on food loss and waste policy issues. This article will detail Portugal’s efforts to reduce food waste as well as other countries efforts.


Introduction, Karen Johnston Apr 2023

Introduction, Karen Johnston

Journal of Comparative Urban Law and Policy

This article provides an introduction to the Journal of Comparative Urban Law & Policy, the Study Space Program offered by Georgia State University College of Law, and the articles resulting from the Study Space Lisbon Program.