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Full-Text Articles in Law

Seeking Supervision: An Analysis Of Recent Trends In The Definition Of 'Supervisor' Argument And A Recommendation For The Eleventh Circuit, Keith Muse Dec 2005

Seeking Supervision: An Analysis Of Recent Trends In The Definition Of 'Supervisor' Argument And A Recommendation For The Eleventh Circuit, Keith Muse

Georgia State University Law Review

No abstract provided.


The Illegal Immigration Reform & Immigrant Responsibility Act's One-Year Filing Deadline On Applications For Asylum: The Narrow Interpretation And Application Of Exceptions To The Filing Deadline, Susan S. Blum Dec 2005

The Illegal Immigration Reform & Immigrant Responsibility Act's One-Year Filing Deadline On Applications For Asylum: The Narrow Interpretation And Application Of Exceptions To The Filing Deadline, Susan S. Blum

Georgia State University Law Review

No abstract provided.


Should Georgia Change Its Misdemeanor Arrest Laws To Authorize Issuing More Field Citations? Can An Alternative Arrest Process Help Alleviate Georgia's Jail Overcrowding And Reduce The Time Arresting Officers Expend Processing Nontraffic Misdemeanor Offenses?, Warren Davis Dec 2005

Should Georgia Change Its Misdemeanor Arrest Laws To Authorize Issuing More Field Citations? Can An Alternative Arrest Process Help Alleviate Georgia's Jail Overcrowding And Reduce The Time Arresting Officers Expend Processing Nontraffic Misdemeanor Offenses?, Warren Davis

Georgia State University Law Review

This Article analyzes whether the legislature should change Georgia's arrest laws to authorize the discretionary issuance of field citations to more nontraffic misdemeanor offenders as a means to help alleviate jail overcrowding and reduce the amount of time required by patrol officers to process misdemeanor arrests. This Article includes a review of current Georgia law concerning citation arrests for nontraffic misdemeanor offenses; published literature; a quantitative analysis of the effects of using the field citation process upon officer processing times and the failure to appear rate within the Gwinnett Judicial Circuit; surveys of Georgia law enforcement executives; and interviews with …


Corporate Governance Changes In The Wake Of The Sarbanes-Oxley Act: A Morality Tale For Policymakers Too, Robert Charles Clark Dec 2005

Corporate Governance Changes In The Wake Of The Sarbanes-Oxley Act: A Morality Tale For Policymakers Too, Robert Charles Clark

Georgia State University Law Review

No abstract provided.


Researching Georgia Law (2006 Edition), Nancy P. Johnson, Nancy J. Adams, Elizabeth G. Adelman Dec 2005

Researching Georgia Law (2006 Edition), Nancy P. Johnson, Nancy J. Adams, Elizabeth G. Adelman

Georgia State University Law Review

No abstract provided.


Can't Do The Time, Don't Do The Crime?: Dixon V. State, Statutory Construction, And The Harsh Realities Of Mandatory Minimum Sentencing In Georgia, Suzanne Smith Williams Dec 2005

Can't Do The Time, Don't Do The Crime?: Dixon V. State, Statutory Construction, And The Harsh Realities Of Mandatory Minimum Sentencing In Georgia, Suzanne Smith Williams

Georgia State University Law Review

No abstract provided.


Elections Georgia Election Code: Revise The Forms Of Identification That Are Acceptable In Order To Register And To Vote In This State; And For Other Purposes, Christopher M. Bracci Sep 2005

Elections Georgia Election Code: Revise The Forms Of Identification That Are Acceptable In Order To Register And To Vote In This State; And For Other Purposes, Christopher M. Bracci

Georgia State University Law Review

Section 59 of this Act, the only section with which this Peach Sheet is concerned, revises the acceptable forms of identification to register and to vote in the State of Georgia. As a result of this section, only the following forms of identification will be sufficient to register and vote in Georgia: (1) a valid Georgia driver's license that was properly issued by the appropriate state agency; (2) a valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States that is authorized by law to issue personal …


Constitution Of The State Of Georgia A Resolution: Amend The Constitution So As To Provide That The Tradition Of Fishing And Hunting And The Taking Of Fish And Wildlife Shall Be Preserved For The People And Shall Be Managed By Law And Regulation For The Public Good; Provide For Submission Of This Amendment For Ratification Or Rejection; And For Other Purposes, Clay S. O'Daniel Sep 2005

Constitution Of The State Of Georgia A Resolution: Amend The Constitution So As To Provide That The Tradition Of Fishing And Hunting And The Taking Of Fish And Wildlife Shall Be Preserved For The People And Shall Be Managed By Law And Regulation For The Public Good; Provide For Submission Of This Amendment For Ratification Or Rejection; And For Other Purposes, Clay S. O'Daniel

Georgia State University Law Review

The resolution sanctioned a state-wide referendum to amend the Georgia Constitution. The referendum will appear on the general election ballot in November 2006. Although Georgia Code section 27-1-3 recognizes the right to hunt and fish and the importance of the tradition of hunting and fishing to the State of Georgia, proponents contend that the resolution is a necessary step given the potential future threat. The proposed amendment preserves the tradition of hunting and fishing for the people of Georgia and provides management by law and regulation for the public good.


Constitution Of The State Of Georgia A Resolution: Amend The Constitution Of The State Of Georgia To Prevent Discrimination In The Public Funding Of Social Services By Allowing Religious Or Sectarian Organizations To Receive Public Aid, Directly Or Indirectly, For The Provision Of Such Services; To Provide For The Submission Of This Amendment For Ratification Or Rejection; And For Other Purposes, Newman Baker Iii, Jodi Dixon Sep 2005

Constitution Of The State Of Georgia A Resolution: Amend The Constitution Of The State Of Georgia To Prevent Discrimination In The Public Funding Of Social Services By Allowing Religious Or Sectarian Organizations To Receive Public Aid, Directly Or Indirectly, For The Provision Of Such Services; To Provide For The Submission Of This Amendment For Ratification Or Rejection; And For Other Purposes, Newman Baker Iii, Jodi Dixon

Georgia State University Law Review

The amendment would have amended the Georgia Constitution to allow religious and sectarian organizations to receive state funding for social services. Currently, such organizations cannot receive state funding for social services.


State Government Open And Public Meetings: Provide A New Exclusion From Open Meeting Requirements; Provide A New Exemption From Public Records Inspection For Certain Records Of An Agency Engaged In A Program Of Economic Development; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Richard Campbell Sep 2005

State Government Open And Public Meetings: Provide A New Exclusion From Open Meeting Requirements; Provide A New Exemption From Public Records Inspection For Certain Records Of An Agency Engaged In A Program Of Economic Development; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Richard Campbell

Georgia State University Law Review

The bill would have created a new exemption from the open records requirements for records of agencies that were engaged in a economic development program and a parallel exclusion from open meeting requirements for agency meetings that discuss any of the newly exempted records. The bill excluded records that would identify or reveal entities contacted or solicited by the agency for development, records that included terms of any agreements being negotiated between the agency and any other entity, and records or data produced in the process of study or research on commercial, economic, or marketing aspects of an economic development …


Eminent Domain Nature Of Right Of Eminent Domain: Change Certain Provisions Relating To The Nature Of The Right Of Eminent Domain; Provide For The Limitation Of Public Purposes For Which Eminent Domain May Be Exercised; Provide For Statutory Construction; Provide For Legislative Intent; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Jack Nichols Sep 2005

Eminent Domain Nature Of Right Of Eminent Domain: Change Certain Provisions Relating To The Nature Of The Right Of Eminent Domain; Provide For The Limitation Of Public Purposes For Which Eminent Domain May Be Exercised; Provide For Statutory Construction; Provide For Legislative Intent; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Jack Nichols

Georgia State University Law Review

The bill would have limited the state's ability to take private property under the eminent domain power of the state. In times of peace, the bill would have allowed the General Assembly to authorize proper authorities to take any land for the following public purposes: construction of roads, defenses, channels for trade or travel, and other public purposes. The General Assembly would determine other public purposes, but the General Assembly could not define a public purpose as either increasing the tax base or economic development. Specifically, the bill would have prohibited the condemnation of private property when the proposed developmental …


Domestic Relations Alimony And Child Support Generally: Provide For The Direct Appeal Of Child Support Final Judgments; Lower Annual Interest Rate On Past Due Child Support; Consider Both Parents' Incomes In Child Support Awards; Redefine Definition Of Gross Income; Adjust Child Support Awards According To Time Spent With Child; Remove Consideration Of Change In Child's Needs In Revising Alimony Or Child Support; Remove References To Children And Child Support From Alimony Sections; And For Other Purposes, Jennifer Goodwin Sep 2005

Domestic Relations Alimony And Child Support Generally: Provide For The Direct Appeal Of Child Support Final Judgments; Lower Annual Interest Rate On Past Due Child Support; Consider Both Parents' Incomes In Child Support Awards; Redefine Definition Of Gross Income; Adjust Child Support Awards According To Time Spent With Child; Remove Consideration Of Change In Child's Needs In Revising Alimony Or Child Support; Remove References To Children And Child Support From Alimony Sections; And For Other Purposes, Jennifer Goodwin

Georgia State University Law Review

The Act provides for changes to the calculation of child support to consider the incomes and financial situations of both parents in assessing the child support payment the noncustodial parent will make. The court shall follow worksheets and shall specify in its decrees and judgments any factors and reasons for deviations from the guidelines. The court may adjust child support awards based on the amount of time the noncustodial parent spends with the child. The Act creates the Georgia Child Support Commission, with members appointed by the Governor, to perform the tasks of gathering information relating to child support and …


Domestic Relations Divorce: Require Certain Divorcing Parents To Participate In Certain Education Classes That Focus On The Effect Of Divorce And Separation On Children; Provide For Legislative Findings; Provide For The Types Of Persons Who Can Provide The Education; Provide For Exceptions To The Education Classes; Change Certain Provisions Relating To The Time Limit For Granting A Divorce On The Ground That The Marriage Is Irretrievably Broken; Provide For A Different Time Frame For Granting Divorce Based On Certain Circumstances; Provide For Related Matters; Provide For An Effective Date And Applicability; Repeal Conflicting Laws; And For Other Purposes, Karen Hamilton Sep 2005

Domestic Relations Divorce: Require Certain Divorcing Parents To Participate In Certain Education Classes That Focus On The Effect Of Divorce And Separation On Children; Provide For Legislative Findings; Provide For The Types Of Persons Who Can Provide The Education; Provide For Exceptions To The Education Classes; Change Certain Provisions Relating To The Time Limit For Granting A Divorce On The Ground That The Marriage Is Irretrievably Broken; Provide For A Different Time Frame For Granting Divorce Based On Certain Circumstances; Provide For Related Matters; Provide For An Effective Date And Applicability; Repeal Conflicting Laws; And For Other Purposes, Karen Hamilton

Georgia State University Law Review

The bill would have required certain divorcing parents with dependent children under 18 years of age to participate in education classes and provided the different types of professionals who could conduct the classes. The bill also would have enacted a waiting period changing the time a court could grant a divorce to 120 days from the date of the parties' separation when the parties have children 18 years of age or younger. The bill provided a waiting period waiver when a party obtained a protective order or when either party submitted allegations to the court of specific facts establishing probable …


Labor And Industrial Relations Prohibitions On Local Government Wage And Employment Benefit Mandates: Change Provisions Relating To The Prohibition Of Local Government Wage And Employment Benefit Mandates; Provide That No Local Government Entity May Through Its Purchasing Or Contracting Procedures Seek To Control Or Affect The Wages Or Employment Benefits Provided By Its Vendors, Contractors, Service Providers, Or Other Parties Doing Business With The Local Government Entity; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Keith Muse Sep 2005

Labor And Industrial Relations Prohibitions On Local Government Wage And Employment Benefit Mandates: Change Provisions Relating To The Prohibition Of Local Government Wage And Employment Benefit Mandates; Provide That No Local Government Entity May Through Its Purchasing Or Contracting Procedures Seek To Control Or Affect The Wages Or Employment Benefits Provided By Its Vendors, Contractors, Service Providers, Or Other Parties Doing Business With The Local Government Entity; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Keith Muse

Georgia State University Law Review

This Act prevents Georgia municipalities from enforcing or passing ordinances that give preferences to contractors, bidders, and others who voluntarily pay their employees certain wages and benefits and seek business with the municipality.


Education Elementary And Postsecondary Education: Amend The "Quality Basic Education Act"; Change Certain Provisions Relating To Determination Of Enrollment By Institutional Programs; Authorize The Establishment Of The Georgia Virtual School; Provide For Rules And Regulations; Provide For A Georgia Virtual School Grant Account; Provide For Statutory Construction; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws; And For Other Purposes, Kristen Swift Sep 2005

Education Elementary And Postsecondary Education: Amend The "Quality Basic Education Act"; Change Certain Provisions Relating To Determination Of Enrollment By Institutional Programs; Authorize The Establishment Of The Georgia Virtual School; Provide For Rules And Regulations; Provide For A Georgia Virtual School Grant Account; Provide For Statutory Construction; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws; And For Other Purposes, Kristen Swift

Georgia State University Law Review

The Act authorizes the State Board of Education to establish a Georgia Virtual School where students may enroll in state-funded courses via the Internet. All Georgia students who are age 21 or younger are eligible to enroll, but the Act gives public school students priority. The Act also authorizes the State Board of Education to establish rules and regulations, including the processes for enrollment and reporting grades on students' transcripts. Students may register for courses in excess of the maximum number of courses allowed per year at a tuition rate the State Board of Education will establish. The Professional Standards …


State Government State Government: Provide For Neutrality Of State Law With Respect To Freedom Of Decision To Provide Or Not Provide Certain Benefits To Unmarried Persons; Provide That State And Local Government Entities Shall Comply With Such Policy Of Neutrality, Melissa A. Segel Sep 2005

State Government State Government: Provide For Neutrality Of State Law With Respect To Freedom Of Decision To Provide Or Not Provide Certain Benefits To Unmarried Persons; Provide That State And Local Government Entities Shall Comply With Such Policy Of Neutrality, Melissa A. Segel

Georgia State University Law Review

The Act prohibits state and local governments or municipalities from imposing a penalty on organizations or persons who choose to withhold benefits, rights, and privileges from unmarried persons.


Health Health: Enact The "Georgia Smokefree Air Act Of 2005"; Provide For Definitions; Prohibit Smoking In Certain Facilities And Areas; Provide For Exceptions; Provide That Entire Establishments, Facilities, Or Outdoor Areas Shall Be Nonsmoking; Provide For Posting Of Signs And Removal Of Ashtrays; Provide For An Informational Program; Provide For Enforcement; Provide That This Prohibition Shall Be Cumulative To Other General Or Local Acts, Rules, And Regulations; Provide For Statutory Construction; Provide For Related Matters; Provide For Effective Dates; Repeal Conflicting Laws; And For Other Purposes, Rebecca Smith Sep 2005

Health Health: Enact The "Georgia Smokefree Air Act Of 2005"; Provide For Definitions; Prohibit Smoking In Certain Facilities And Areas; Provide For Exceptions; Provide That Entire Establishments, Facilities, Or Outdoor Areas Shall Be Nonsmoking; Provide For Posting Of Signs And Removal Of Ashtrays; Provide For An Informational Program; Provide For Enforcement; Provide That This Prohibition Shall Be Cumulative To Other General Or Local Acts, Rules, And Regulations; Provide For Statutory Construction; Provide For Related Matters; Provide For Effective Dates; Repeal Conflicting Laws; And For Other Purposes, Rebecca Smith

Georgia State University Law Review

The Act prohibits smoking in all enclosed public places in Georgia. The Act exempts private residences, hotel and motel rooms (as long as the hotel or motel does not designate more than 20% of the rooms as smoking), retail tobacco stores, long term care facilities, outdoor areas of employment, smoking areas in international airports, all workplaces of any manufacturer, importer, or wholesaler of tobacco products, private and semiprivate rooms in healthcare facilities (with written authorization from the treating physician), all bars and restaurants denying access and employment to those under the age of 18, convention facilities denying access and employment …


The Following Article Addresses A Package Of Immigration Bills That Would Have Affected A Variety Of Titles In The Official Code Of Georgia Annotated, Susan S. Blum Sep 2005

The Following Article Addresses A Package Of Immigration Bills That Would Have Affected A Variety Of Titles In The Official Code Of Georgia Annotated, Susan S. Blum

Georgia State University Law Review

HR 256 - The resolution would have proposed an amendment to the Constitution of the State of Georgia to bar undocumented immigrants from the following: receiving any public services provided by the state, receiving any publicly funded health care services provided by the state, accessing public elementary and secondary schools of the state, and attending any public postsecondary institution of the state. The resolution would have presented the proposed constitutional amendment to Georgia voters for ratification or rejection. SB 169 - The bill would have prohibited any department, agency, instrumentality, or political subdivision of the State of Georgia from entering …


Crimes And Offenses Offenses Against Public Health And Morals: Provide That A Video Game Retailer Shall Display A Sign Explaining Each Rating System Which Appears On A Video Game Offered By Such Retailer; Provide That It Shall Be Unlawful For Any Person Knowingly To Sell, Rent, Or Loan For Monetary Consideration An Excessively Violent Video Game Or A Video Game Containing Material Which Is Harmful To Minors; Provide For Penalties; Repeal Conflicting Laws; And For Other Purposes, W. Andrew Pequignot Sep 2005

Crimes And Offenses Offenses Against Public Health And Morals: Provide That A Video Game Retailer Shall Display A Sign Explaining Each Rating System Which Appears On A Video Game Offered By Such Retailer; Provide That It Shall Be Unlawful For Any Person Knowingly To Sell, Rent, Or Loan For Monetary Consideration An Excessively Violent Video Game Or A Video Game Containing Material Which Is Harmful To Minors; Provide For Penalties; Repeal Conflicting Laws; And For Other Purposes, W. Andrew Pequignot

Georgia State University Law Review

The Act requires video game retailers to display a sign explaining each rating system that appears on video games the retailers offer. SB 105 would have made it unlawful to knowingly sell, rent, or loan for monetary consideration any excessively violent video game or video game containing material which is harmful to minors.


Education Definitions For The Parameters Of Georgia's Hope Scholarship: Amend Certain Definitions Relating To Hope Scholarships And Grants; Limit The Number Of Quarter Or Semester Hours For Which Hope Scholarships May Be Received At Public And Private Postsecondary Institutions; Provide For Students In Professional Level Programs; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Christopher J. Sullivan Sep 2005

Education Definitions For The Parameters Of Georgia's Hope Scholarship: Amend Certain Definitions Relating To Hope Scholarships And Grants; Limit The Number Of Quarter Or Semester Hours For Which Hope Scholarships May Be Received At Public And Private Postsecondary Institutions; Provide For Students In Professional Level Programs; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Christopher J. Sullivan

Georgia State University Law Review

The bill would have changed definitions associated with implementation of Georgia's HOPE scholarship program. Specifically, it would have limited to 127 the number of semester hours for which a student in Georgia's postsecondary institutions may receive HOPE scholarship funding. If enacted, the bill would have applied to all postsecondary educational programs at private and public schools that grant baccalaureate degrees. The bill would also have eliminated differentiation among program titles such as associate and baccalaureate when considering eligibility for HOPE scholarship funding. The bill's provisions would not have taken effect until the 2005 fall semester. Prior statutory definitions would have …


Crimes And Offenses Georgia Residential Mortgage Fraud Act: Enact The "Georgia Residential Mortgage Fraud Act"; Provide A Short Title; Provide For Definitions; Define The Criminal Offense Of Residential Mortgage Fraud; Provide For Venue; Provide Penalties; Authorize District Attorneys And The Attorney General To Investigate And Prosecute Cases Of Residential Mortgage Fraud; Provide For The Forfeiture Of Real And Personal Property; Amend The "Georgia Rico (Racketeer Influenced And Corrupt Organizations) Act," So As To Include Residential Mortgage Fraud Within The Definition Of Racketeering Activity; Provide For Findings And A Statement Of Purpose; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws; And For Other Purposes, J. Haskell Murray Sep 2005

Crimes And Offenses Georgia Residential Mortgage Fraud Act: Enact The "Georgia Residential Mortgage Fraud Act"; Provide A Short Title; Provide For Definitions; Define The Criminal Offense Of Residential Mortgage Fraud; Provide For Venue; Provide Penalties; Authorize District Attorneys And The Attorney General To Investigate And Prosecute Cases Of Residential Mortgage Fraud; Provide For The Forfeiture Of Real And Personal Property; Amend The "Georgia Rico (Racketeer Influenced And Corrupt Organizations) Act," So As To Include Residential Mortgage Fraud Within The Definition Of Racketeering Activity; Provide For Findings And A Statement Of Purpose; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws; And For Other Purposes, J. Haskell Murray

Georgia State University Law Review

The Georgia Residential Mortgage Fraud Act defines the crime of residential mortgage fraud. The Act also provides the possible venues for prosecuting residential mortgage fraud in Georgia. Moreover, the Act lays out guidelines for punishing those involved in residential mortgage fraud and gives the district attorneys and the attorney general the power to investigate and prosecute possible cases of residential mortgage fraud. The Act allows for forfeiture of property involved in residential mortgage fraud to the State of Georgia. Furthermore, the Act adds residential mortgage fraud to the Georgia RICO Act.


A Participatory Approach To Understanding Conflict In Health Care, Coby Anderson, Linda D'Antonio Jun 2005

A Participatory Approach To Understanding Conflict In Health Care, Coby Anderson, Linda D'Antonio

Georgia State University Law Review

No abstract provided.


What We Know And Don't Know About The Role Of Apologies In Resolving Health Care Disputes, Jennifer K. Robbennolt Jun 2005

What We Know And Don't Know About The Role Of Apologies In Resolving Health Care Disputes, Jennifer K. Robbennolt

Georgia State University Law Review

No abstract provided.


The Next Generation Of Medical Malpractice Dispute Resolution: Alternatives To Litigation, Ellenwood F. Oakley Iii Jun 2005

The Next Generation Of Medical Malpractice Dispute Resolution: Alternatives To Litigation, Ellenwood F. Oakley Iii

Georgia State University Law Review

No abstract provided.


Noncompete Clauses In Georgia: An Economic Analysis, Jeffrey T. Rickman Jun 2005

Noncompete Clauses In Georgia: An Economic Analysis, Jeffrey T. Rickman

Georgia State University Law Review

No abstract provided.


Defining A Retaliatory Adverse Action From Wideman To Shotz: The Legitimacy Of The Eleventh Circuit's Retaliation Case Law, Jonathan M. Gallant Jun 2005

Defining A Retaliatory Adverse Action From Wideman To Shotz: The Legitimacy Of The Eleventh Circuit's Retaliation Case Law, Jonathan M. Gallant

Georgia State University Law Review

No abstract provided.


A New Approach To Health Care Adr: Training Law Students To Be Problem Solvers In The Health Care Context, Linda Morton Jun 2005

A New Approach To Health Care Adr: Training Law Students To Be Problem Solvers In The Health Care Context, Linda Morton

Georgia State University Law Review

No abstract provided.


The Culture Of Health Care: How Professional And Organizational Cultures Impact Conflict Management, Debra Gerardi Jun 2005

The Culture Of Health Care: How Professional And Organizational Cultures Impact Conflict Management, Debra Gerardi

Georgia State University Law Review

No abstract provided.


Recent Remedies For Health Care Ills, Ansley Boyd Barton Jun 2005

Recent Remedies For Health Care Ills, Ansley Boyd Barton

Georgia State University Law Review

No abstract provided.


Postscript On Health Care Dispute Resolution: Conflict Management And The Role Of Culture, Edward A. Dauer Jun 2005

Postscript On Health Care Dispute Resolution: Conflict Management And The Role Of Culture, Edward A. Dauer

Georgia State University Law Review

No abstract provided.