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Georgia State University Law Review

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Full-Text Articles in Law

Creative Lawyering For Social Change, Raymond H. Brescia Apr 2019

Creative Lawyering For Social Change, Raymond H. Brescia

Georgia State University Law Review

Lawyers have long played an integral part in efforts to bring about social change. With an increasing desire to see change in the world, regardless of one’s political perspective, there is a growing interest in understanding the role that lawyers can play in bringing about such change. This type of lawyering is complex, however, and faces far more challenges than those the traditional lawyer faces in his or her work. Although all lawyers solve problems on behalf of their clients, the role of the social-change lawyer is more complex because the problems she seeks to address are more complex ...


Back To The Drawing Board! Legislating Hollywood, Christina Shu Jien Chong Apr 2019

Back To The Drawing Board! Legislating Hollywood, Christina Shu Jien Chong

Georgia State University Law Review

The United States Department of Justice “contended that equal employment opportunity in the broadcast industry could ‘contribute significantly toward reducing . . . discrimination in other industries’ because of the ‘enormous impact . . . television . . . [has] upon American life.’” Courts have also recognized that “communities . . . ’[must] take an active interest in the . . . quality of [television programming because television] has a vast impact on their lives and the lives of their children.’” Unfortunately, Hollywood continues to promote an insular culture that excludes minorities from influential behind-the-camera and on-screen positions.

Although the government established agencies, such as the Federal Communications Commission (FCC), to ensure that networks and ...


Cybersecurity Oversight Liability, Benjamin P. Edwards Apr 2019

Cybersecurity Oversight Liability, Benjamin P. Edwards

Georgia State University Law Review

A changing cybersecurity environment now poses a significant corporate-governance challenge. Although some cybersecurity data breaches may be inevitable, courts now increasingly consider when a corporation’s officers and directors may be held liable on theories that they acted in bad faith and failed to adequately oversee the corporation’s affairs. This short essay reviews recent derivative decisions and encourages corporate boards to recognize that in an environment filled with increasing threats, a reasonable response will require devoting real resources and attention to cybersecurity issues.


Non-Physician Vs. Physician: Cross-Disciplinary Expert Testimony In Medical Negligence Litigation, Marc D. Ginsberg Apr 2019

Non-Physician Vs. Physician: Cross-Disciplinary Expert Testimony In Medical Negligence Litigation, Marc D. Ginsberg

Georgia State University Law Review

The source of the applicable standard of care in a specific medical negligence claim is multifaceted. The testifying expert witness, when explaining the applicable standard of care, “would draw upon his own education and practical frame of reference as well as upon relevant medical thinking, as manifested by literature, educational resources and information available to practitioners, and experiences of similarly situated members of the profession.” Accordingly, in typical medical negligence litigation, the plaintiff’s expert witness testifying regarding the existence of and the defendant-physician’s deviation from the standard of care would be a physician. Why, then, have courts permitted ...


Commercial-Property Leases As A Means For Private Environmental Governance, Darren A. Prum Apr 2019

Commercial-Property Leases As A Means For Private Environmental Governance, Darren A. Prum

Georgia State University Law Review

Commercial-property leases as a means for private environmental governance routinely get overlooked despite their noticeable presence. The applicable theoretical models used in environmental law and the standards that typically measure legal activity fail to detect the commercial-property lease as a regulatory action as well. Moreover, the public and positive law and policy approach of the past that heavily relied on administrative authority now follows more of a private law and governance approach. The private law and governance approach responds to the marketplace where standards are set, enforcement occurs, and dispute resolution takes place between parties involved in the transaction outside ...


Deference Condoning Apathy: Social Visibility In The Eleventh Circuit, Adriana C. Heffley Apr 2019

Deference Condoning Apathy: Social Visibility In The Eleventh Circuit, Adriana C. Heffley

Georgia State University Law Review

This Note examines the history of the social-visibility requirement for Particular Social Groups in Eleventh Circuit asylum claims and the adjudication disparities that have resulted from its imposition in the southeastern United States. Part I of this Note introduces the asylum application process, examines the historical treatment of Particular Social Groups nationally, and traces the recent restrictions on Particular Social Groups within the Eleventh Circuit in particular. Part II compares the Eleventh Circuit’s treatment of Particular Social Groups to treatment in the Third and Seventh Circuits and considers how previously successful claims for asylum would fare under the current ...


Bearing Hospital Tax Breaks: How Non-Profits Benefit From Your Surprise Medical Bills, Taylor N. Armstrong Apr 2019

Bearing Hospital Tax Breaks: How Non-Profits Benefit From Your Surprise Medical Bills, Taylor N. Armstrong

Georgia State University Law Review

This Note addresses the growing issue of surprise medical bills and how the United States Tax Code can be used to prevent many patients from receiving these bills. Part I provides a background on surprise billing and market factors that have led to an increase in the bills as well as current legislative solutions to the problem. Part II analyzes the role that hospitals play in the insurance market, the current standards for nonprofit hospitals to receive tax exemption under Internal Revenue Code (IRC) § 501, and how these legal standards fall short of accomplishing the goals of the tax exemption ...


Addressing Racial Bias In The Jury System: Another Failed Attempt?, Alisa Micu Apr 2019

Addressing Racial Bias In The Jury System: Another Failed Attempt?, Alisa Micu

Georgia State University Law Review

This Note explores the majority opinion and the dissents in Pena- Rodriguez regarding whether the Supreme Court has adequately provided guidance for lower courts to follow the ruling, which now allows exceptions for evidence of racial bias to Rule 606(b). Part I discusses the history of the no-impeachment rule, its foundation in the Sixth Amendment, and its constitutional requirements. Further, Part I discusses the different approaches that courts have taken in adopting Rule 606(b) and what problems courts have identified in its application. Part II analyzes whether the Supreme Court, as a practical matter, has provided a workable ...


Cohabitation Worldwide Today, Margaret Ryznar, Anna Stępień-Sporek Feb 2019

Cohabitation Worldwide Today, Margaret Ryznar, Anna Stępień-Sporek

Georgia State University Law Review

Despite the increase in cohabitation around the world, legal responses to it remain limited, particularly in the last several years. Yet, there are universal issues at the end of a cohabitation, particularly related to property division. This article will survey the recent legal developments on the property consequences of cohabitation in both the United States and Poland, drawing on comparative lessons to suggest future developments in this area of law.


Hush Don't Say A Word: Safeguarding Student's Freedom Of Expression In The Trump Era, Laura R. Mcneal Feb 2019

Hush Don't Say A Word: Safeguarding Student's Freedom Of Expression In The Trump Era, Laura R. Mcneal

Georgia State University Law Review

The controversy surrounding NFL player Colin Kaepernick’s act of kneeling during the national anthem in protest of police brutality against people of color continues to permeate public discourse. In March 2017, President Trump referenced Colin Kaepernick’s symbolic act during a rally in Louisville, Kentucky, in an effort to illustrate his strong opposition to anyone kneeling during the national anthem. In this speech, President Trump stated that although many NFL franchise owners were interested in signing Colin Kaepernick, many were afraid of receiving a nasty tweet from him. Likewise, in another speech, President Trump stated, “I think it’s ...


Prohibitive Failure: The Demise Of The Ban On Sports Betting, John T. Holden Feb 2019

Prohibitive Failure: The Demise Of The Ban On Sports Betting, John T. Holden

Georgia State University Law Review

On May 14, 2018, the Supreme Court of the United States struck down the federal prohibition on sports gambling. The sweeping opinion, authored by Justice Alito, ended more than a twenty-fiveyear- old policy that kept states from offering sports gambling, which confined sports betting almost entirely to illegal underground markets. Indeed, the sports betting prohibition is largely responsible for the growth of the illegal sports gambling market, which is now one of America’s twenty largest industries. The challenge to the federal Professional and Amateur Sports Protection Act was initially launched in 2012 when former U.S. Attorney and New ...


No Place For Speech Zones: How Colleges Engage In Expressive Gerrymandering, A. Celia Howard Feb 2019

No Place For Speech Zones: How Colleges Engage In Expressive Gerrymandering, A. Celia Howard

Georgia State University Law Review

This note takes a critical look at the shortcomings of the current tests applied to speech zone litigation as well as the constitutional violations that occur when public schools carve out speech areas. Part I examines the evolution of First Amendment law in education, with a focus on university free speech zones. Part II analyzes the convoluted First Amendment jurisprudence, suggesting that the time, place, and manner test, typically used in conjunction with a forum analysis when examining the constitutionality of speech zones, allows universities to practice what is known as “expressive gerrymandering.” Finally, Part III proposes that courts eliminate ...


Partisan Gerrymandering And Georgia: Red, White, And Blue Or Just Red And Blue?, Michael C. Freeman Jr. Feb 2019

Partisan Gerrymandering And Georgia: Red, White, And Blue Or Just Red And Blue?, Michael C. Freeman Jr.

Georgia State University Law Review

This Note will discuss the viability of the EG and its ramifications as part of a standard for evaluating the unconstitutionality of current and potential districting plans, particularly regarding Georgia’s 2015 plan. Part I outlines the judicial history of partisan gerrymandering and also provides an overview of the EG’s mechanics and the development of Georgia’s reapportionment schemes. Part II then examines the EG’s strengths and weaknesses, applies it and other factors to Georgia’s current districting map, and analyzes the map’s constitutionality. Finally, Part III proposes changes to Georgia’s current plan that, through legislative ...


Gorsuch's Purgatory: Attempting To Define Debt Collector Under The Fair Debt Collection Practices Act, Matthew Haan Feb 2019

Gorsuch's Purgatory: Attempting To Define Debt Collector Under The Fair Debt Collection Practices Act, Matthew Haan

Georgia State University Law Review

Part I of this Note provides background on the FDCPA and the federal agencies charged with its enforcement. Part I also provides background on judicial analysis of the FDCPA before Henson v. Santander and explains the nature of the Supreme Court’s decision. Part II analyzes the ramifications of Henson v. Santander for debtors and debt purchasers. Part II also analyzes how the Supreme Court’s decision can affect the CFPB. Part III proposes and discusses a three-tiered solution that involves congressional and CFPB action and discusses what would happen if Congress and the CFPB left the solution up to ...


Lean Weeks And Fat Weeks: A Commissioned Employee's Regular Rate Of Overtime Pay, Colt Burnett Feb 2019

Lean Weeks And Fat Weeks: A Commissioned Employee's Regular Rate Of Overtime Pay, Colt Burnett

Georgia State University Law Review

This Note focuses on the uncertainty inherent in overtime calculations for certain categories of employees who earn commission in addition to hourly wages. Part I of this Note gives the relevant history behind overtime and “regular rate” calculation. Part II analyzes the different methods of determining an employee’s regular rate of pay in the Seventh and Eleventh United States Circuit Courts of Appeals. Part III proposes for a uniform approach to deferred commission allocation in overtime calculation, advocating the Eleventh Circuit’s method because it more closely follows the aims of the FLSA and because the Department of Labor ...


Sb 17 - Alcoholic Beverages, Lauren A. Newman, Erin N. Winn Dec 2018

Sb 17 - Alcoholic Beverages, Lauren A. Newman, Erin N. Winn

Georgia State University Law Review

Georgia law previously allowed counties and municipalities to permit the sale of alcoholic beverages on Sundays from 12:30 P.M. until 11:30 P.M. This Act, deemed “the Brunch Bill,” authorizes the counties and municipalities that have affirmatively voted by referendum to sell alcoholic beverages on Sundays to sell them earlier, at 11:00 A.M., if approved by a second referendum vote. This change applies to restaurants that make at least 50% of their revenue from the sale of food and hotels, and Georgia wineries.


Hb 803 - Crimes And Offenses, Scott P. Robertson, Sharnell S. Simon Dec 2018

Hb 803 - Crimes And Offenses, Scott P. Robertson, Sharnell S. Simon

Georgia State University Law Review

The Act criminalizes the trafficking of elders, disabled adults, and residents for the purpose of appropriating their resources, such as Social Security and disability benefits. According to the Act, this conduct constitutes a felony and those convicted could serve up to twenty years in prison or receive a fine of up to $100,000, or both. The Act defines relevant terms, exempts physicians and other health care providers who act pursuant to lawful authorization, and repeals all conflicting laws.


Sb 127 - Criminal Procedure, Adriana C. Heffley, Allison S. Kim Dec 2018

Sb 127 - Criminal Procedure, Adriana C. Heffley, Allison S. Kim

Georgia State University Law Review

The Act introduces procedure by which victims who were not provided notice criminal proceedings, after requesting notice, may file a motion to be acknowledged by the court. This Act is meant to create a means by which a victim’s rights, as introduced by the constitutional amendment in SR 146, may be raised or enforced.


Hb 673 - Motor Vehicles And Traffic, Brandon M. Kopp, Caleb L. Swiney Dec 2018

Hb 673 - Motor Vehicles And Traffic, Brandon M. Kopp, Caleb L. Swiney

Georgia State University Law Review

The Act prohibits holding any electronic device or using text-based communication while driving. Drivers are further prohibited from watching or creating videos. These prohibitions exclude: electronic headsets; smart watches; navigation systems; dash cam systems; and programs that convert voice messages into text messages. Commercial vehicle drivers are prohibited from using more than a single button to engage in voice communication or reaching for a communication device in an unsafe manner. Violators will be fined and assessed points to their license based on the amount of times that they have previously violated this Act. Notably, these provisions do not apply when ...


Sb 336 - Law Enforcement Officers And Agencies, Richard J. Uberto Jr., Brooke Wilner Dec 2018

Sb 336 - Law Enforcement Officers And Agencies, Richard J. Uberto Jr., Brooke Wilner

Georgia State University Law Review

The Act prohibits data carriers from disclosing to their customers the existence of a subpoena issued for the production of the customers’ records. The Act also allows the Georgia Bureau of Investigation to retain the fingerprints of individuals working in certain professions that require background checks for the duration of employment.


Hb 834 - Property, Brian H. Cathey, Cassandra Tuchscher Dec 2018

Hb 834 - Property, Brian H. Cathey, Cassandra Tuchscher

Georgia State University Law Review

The Act allows a victim of domestic violence to terminate his or her residential rental agreement without an early termination penalty if the victim receives a court order related to that family violence.


Hb 159 - Domestic Relations, Kitan A. Grey, A. Celia Howard Dec 2018

Hb 159 - Domestic Relations, Kitan A. Grey, A. Celia Howard

Georgia State University Law Review

This bill provides a major overhaul for Georgia adoption laws, which were last updated in 1990. The most notable changes include shortening the period for revocation of surrender of parental rights; granting temporary power of attorney for the care of a child; allowing adoptive parents to pay a birth mother’s expenses; lowering the age for adoptive relatives; and simplifying the process to adopt foreign-born children.


Sb 339 - Education, Daniel F. Barrett, Alexander Hegner Dec 2018

Sb 339 - Education, Daniel F. Barrett, Alexander Hegner

Georgia State University Law Review

The Act amends the statutes in the Georgia Code applicable to the University System and Board of Regents statutes in the Georgia Code. It adds new sections that place affirmative requirements on the Board of Regents to adopt and publish new policies, which aim to encourage the dissemination of free speech across university campuses. Further, the Act directs that universities must implement disciplinary sanctions for anyone subject to the jurisdiction of the University System who interferes with the free speech of invited speakers and others on campus. Finally, the Board of Regents must publish annual reports regarding any barriers to ...


Hb 61 - Revenue And Taxation, Taylor N. Armstrong, Caitlin E. Correa Dec 2018

Hb 61 - Revenue And Taxation, Taylor N. Armstrong, Caitlin E. Correa

Georgia State University Law Review

The Act amends Georgia’s sales tax statute to shift the burden for the collection of sales taxes on online sales from the purchaser to the retailer.


Hb 701 - Public Officers And Employees, Michael C. Freeman Jr., Monica Laredo Ruiz Dec 2018

Hb 701 - Public Officers And Employees, Michael C. Freeman Jr., Monica Laredo Ruiz

Georgia State University Law Review

The Act amends Georgia’s statute to give state employers the authority to drug test certain applicants to various public positions. The Act adds opioids, opioid analgesics, and opioid derivatives to the list of drugs for which state employers may screen.


Sb 301 - Wills, Trusts, And Administration Of Estates, Morgan S. Ownbey, Paul M. Napolitano Dec 2018

Sb 301 - Wills, Trusts, And Administration Of Estates, Morgan S. Ownbey, Paul M. Napolitano

Georgia State University Law Review

The Act creates the “Revised Uniform Fiduciary Access to Digital Assets Act,” extends fiduciaries’ powers to include managing tangible property and digital assets, and provides conforming cross-references for a conservator.


Sb 407 - Sentencing And Punishment, Abigail L. Howd, Alisa M. Radut Dec 2018

Sb 407 - Sentencing And Punishment, Abigail L. Howd, Alisa M. Radut

Georgia State University Law Review

The Act provides comprehensive reform for offenders entering, proceeding through, and leaving the criminal justice system. The Act requires all superior court clerks to provide an electronic filing option, and it requires juvenile court clerks to collect and report certain data about juvenile offenders to the Juvenile Data Exchange. In addition, the Act creates the Criminal Justice Coordinating Council and the Criminal Case Data Exchange Board. The Act also changes the grounds for granting and revoking professional licenses and drivers’ licenses to offenders and modifies the provisions relating to issuing citations and setting bail. Inmates of any public institution may ...


Hb 121 - Property, Wills, Trusts, And Estates, Colt Burnett, Ben Dell'orto Dec 2018

Hb 121 - Property, Wills, Trusts, And Estates, Colt Burnett, Ben Dell'orto

Georgia State University Law Review

The Act amends several aspects of trust law, including updating the application of the Uniform Statutory Rule Against Perpetuities in Georgia by extending the time within which a nonvested property interest or power of appointment must vest from 90 to 360 years. The Act also allows for modifications of a trust without judicial approval in some cases. Many passages are simplified, including the calculation of compensation for a trustee, which can now be modified through different procedures. Finally, the Act codifies the role of trust directors.


Three Transformative Ideals To Build A Better Crime Lab, Nicole B. Cásarez, Sandra G. Thompson Aug 2018

Three Transformative Ideals To Build A Better Crime Lab, Nicole B. Cásarez, Sandra G. Thompson

Georgia State University Law Review

This Article proposes that policy makers should consider establishing their jurisdiction’s crime laboratories as government corporations independent of law enforcement as a means of improving their quality and efficiency. Simply building new buildings or seeking accreditation will not solve the endemic problems that crime laboratories have faced. Rather, we propose that crime laboratories be restructured with a new organizational framework comparable to the Houston Forensic Science Center's (HFSC) status as a local government corporation (LGC), which has proven to be conducive to creating a new institutional culture.

From our experience with the HFSC, we also believe that crime ...


Deploying The Secret Police: The Use Of Algorithms In The Criminal Justice System, Jessica Gabel Cino Aug 2018

Deploying The Secret Police: The Use Of Algorithms In The Criminal Justice System, Jessica Gabel Cino

Georgia State University Law Review

Algorithms saturate our lives today; from curated song lists to recommending “friends” and news feeds, they factor into some of the most human aspects of decision-making, tapping into preferences based on an ever-growing amount of data. Regardless of whether the algorithm pertains to routing you around traffic jams or finding your next dinner, there is little regulation and even less transparency regarding just how these algorithms work. Paralleling this societal adoption, the criminal justice system now employs algorithms in some of the most important aspects of investigation and decision-making.

The lack of oversight is abundantly apparent in the criminal justice ...