Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Peach Sheet (15)
- Disabilities (4)
- Americans with Disabilities Act (3)
- Civil rights (2)
- Disability rights (2)
-
- Discrimination (2)
- Legislative History (2)
- ADA (1)
- Appeal (1)
- Attorney-client privilege (1)
- Changing natural gas marketers (1)
- Colorado (1)
- Disability law (1)
- Education law (1)
- Elder law (1)
- Elderly (1)
- Energy source (1)
- FASB (1)
- FIN 48 (1)
- Georgia Budget Act (1)
- Georgia monuments and memorials (1)
- Georgia state flag design (1)
- Health insurance (1)
- IRS (1)
- Inequitable conduct (1)
- Insurance (1)
- International Convention on the Rights of Persons with Disabilities (1)
- International law (1)
- Legal ethics (1)
- Mental illness (1)
Articles 1 - 24 of 24
Full-Text Articles in Law
Highways, Bridges, And Ferries Department Of Transportation: Amend Title 32 Relating To Highways, Bridges, And Ferries, So As To Provide For A Division And A Director Of Planning; Provide For The Development Of Transportation Plans For The State; Specify Certain Duties For The Commissioner Of Transportation; Specify Certain Duties For The State Transportation Board; Provide For An Organizational Structure Within The Department; Provide A Timetable For Completion And Reporting Of Transportation Plans; Provide For Investment Policies To Guide Transportation Planning; Provide For The Appointment Of The Director Of Planning; Provide For Identifying And Constructing Projects With Private Investment; Provide For Priority Of Expenditures; Provide For The Development Of Allocation Formulas For Available Funding; Amend Article 2 Of Chapter 32 Of Title 50, Relating To The Jurisdiction Of The Georgia Regional Transportation Authority, So As To Remove A Planning Function Of The Authority; Provide For Related Matters; Provide For An Effective Date; Repeal Conflicting Laws; And For Other Purposes., Kris Alderman, Erin Elwood, Crystal D. Filberto, Nicholas Lacis
Georgia State University Law Review
The Department of Transportation will consist of the State Transportation Board, which includes a new position, the Director of Planning. The Director of Planning will supervise the new Planning Division, which will have responsibility for developing statewide improvement programs and making strategic planning decisions. The Governor will appoint the Director, subject to approval. The Director will be required to prepare and submit a report for comments and suggestions by the House and Senate Transportation Committees and the Governor. The Director will deliver a final version of the report to the Governor, Lt. Governor, Speaker of the House, and House and …
Local Government General Provisions: Amend Chapter 80 Of Title 36 Of The Official Code Of Georgia Annotated, Related To General Provisions Applicable To Counties, Municipal Corporations, And Other Governmental Entities, So As To Prohibit Immigration Sanctuary Policies By Local Governmental Entities; Provide For Penalties; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws; And For Other Purposes., Denise Hoying, Parker Stephens
Georgia State University Law Review
The Act prohibits local governments from becoming sanctuary cities. The Act specifically forbids local Georgia governments from adopting any legislation or policy that would prohibit their local officials or employees from cooperating with federal law enforcement in reporting any information that is not legally confidential but otherwise might be relevant to the legal or illegal status of immigrants. Any local government violator is subject to withdrawal of funding controlled or distributed by the state, and any state-controlled governing body distributing funds may require proof of compliance.
Education Elementary And Secondary Education: Amend Chapter 2 Of Title 20 Of The Official Code Of Georgia Annotated, Relating To Elementary And Secondary Education, So As To Provide The Option For Parents To Enroll Their Child In Another School Within The Local School System Or In A School In Another Local School System; Provide For Definitions; Provide For Statutory Constructions; Provide For Related Matters; Provide For An Effective Date And Applicability; Repeal Conflicting Laws; And For Other Purposes., Ellen Cusimano, Laurice Rutledge
Georgia State University Law Review
Beginning with the 2009–2010 school year this Act allows parents of students enrolled in public elementary or secondary school in the state to enroll their child in a public school in their school district other than the one the child has been assigned by the local board of education. Starting with the 2010–2011 school year, parents may request a transfer for their child to attend a public school outside of the student’s resident school district. In both circumstances parents are responsible for the cost of transportation of their child to and from the school.
Civil Practice Reform Civil Practice: Amend Article 3 Of Chapter 11 Of Title 9 Of The Official Code Of Georgia Annotated, Relating To The “Civil Practice Act,” So As To Change Provisions Relating To Civil Practice; Provide For The Appointment Of Special Masters; Provide For Authority; Provide For Orders And Reports; Provide For Procedure; Provide For Compensation; Provide For A Stay Of Discovery When A Motion To Dismiss Is Filed; Provide For Related Matters; Provide For Effective Dates And Applicability; Repeal Conflicting Laws; And For Other Purposes., Kimberly Hermann, Melissa G. Hodson
Georgia State University Law Review
This Bill provided for a “loser pays” provision that the party losing on a motion to dismiss would be assessed the prevailing party’s attorney fees. The Bill also provides for a stay of discovery when a motion to dismiss is filed to ensure that the costly discovery process would not begin until the legal merits of a complaint have been tested. This legislation was originally introduced by the Governor to reduce frivolous law suits in Georgia and provide relief to those wrongly sued.
Criminal Procedure Indigent Defense: Amend Chapter 12 Of Title 17 Of The Official Code Of Georgia Annotated, The “Georgia Indigent Defense Act Of 2003,” So As To Extensively Revise Said Act; Reconstitute The Georgia Public Defender Standards Council With New Membership; Change The Powers And Duties Of The Council And Provide That It Shall Be An Advisory Body; Provide For The Georgia Public Defender Standards Agency As An Agency Of The State; Provide For Its Director And The Powers And Duties And Operations Of The Agency And The Director; Provide That The Director Shall Have The Control And Management Of The Agency And Shall Exercise Supervision With Respect To Circuit Public Defenders And Carry Out Other Duties Formerly Vested In The Council; Provide For Procedures For The Removal Of A Circuit Public Defender From Office; Provide For Other Related Matters; Provide For Effective Dates; Repeal Conflicting Laws; And For Other Purposes., Lisa Caucci, Shannon Creasy
Georgia State University Law Review
The bill would have removed the Georgia Public Defender Standards Council’s authority over the public defender system and changed it to an advisory body only. The public defender system itself would have changed from an independent entity to a state agency named the Georgia Public Defender Agency.
Crimes And Offenses Crimes And Offenses: To Change And Enact Provisions Of Law Relating To Classification Of Sexual Offenders, Sexual Offender Registration, And Restrictions On Sexual Offenders’ Residences, Workplaces, And Activities; To Amend Article 35 Of Chapter 6 Of Title 5 Of The Official Code Of Georgia Annotated, Relating To Appeals Requiring An Application For Appeal, So As To Make Such Code Section Applicable To Appeals From Decisions Of Superior Courts Reviewing A Decision Of The Sexual Offender Registration Review Board; To Amend Article 1 Of Chapter 10 Of Title 17 Of The Official Code Of Georgia Annotated, Relating To Procedures For Sentencing In Criminal Cases, So As To Provide That, With Respect To Sexual Offenses Committed After A Certain Date In This State, Classification Shall Be By The Sentencing Court Rather Than The Sexual Offender Registration Review Board; To Amend Article 2 Of Chapter 1 Of Title 42 Of The Official Code Of Georgia Annotated, Relating To Classification And Registration Of Sexual Offenders And Regulation Of The Conduct Of Such Offenders, So As To Revise Provisions Relating To Registration Of Sexual Offenders; To Change Certain Definitions; To Require The Department Of Corrections To Forward Certain Information To Sheriffs; To Provide For Registration And Reporting By Sexual Offenders Who Do Not Have A Residence Address; To Provide For Taking Of Palm Prints And Dna Samples In Certain Cases; To Change Certain Provisions Relative To Relief From Registration; To Change Provisions Relating To Residence, Workplace, And Volunteering Restrictions; To Change Provisions Relating To The Time Frame A Sheriff Has To Update Certain Information; To Remove Annual Registration Fees; To Change Registration Criteria For Persons Moving To This State; To Change Certain Penalty Provisions; To Change Restrictions On Volunteer And Religious Activities; To Revise Provisions Relative To Classification Of Sex Offenders; To Revise Certain Definitions; To Change Provisions Relative To The Process Of Classification By The Sexual Offender Registration Review Board And Review Of Such Classifications; To Provide For Procedure And Review; To Provide A Mechanism For Certain Elderly And Disabled Sexual Offenders To Petition The Superior Court To Be Released From Certain Residency Requirements; To Provide For Other Related Matters; To Provide For An Effective Date; To Repeal Conflicting Laws; And For Other Purposes., Meredith H. Carr, Hillary Rightler
Georgia State University Law Review
The purpose of this bill would have been to revise Georgia sex offender laws to promote the isolation of dangerous sexual predators from the public and ensure that they are adequately monitored in a manner that is constitutional. The key focus of the bill would have been to ensure the law properly directs resources towards protecting society from the sexual offenders who pose the greatest threat to others by truly isolating the dangerous sexual predator. The bill sought to narrow some of the previous statutory reporting requirements for sexual offenders that were implemented in 2008, after the Georgia legislature passed …
Motor Vehicles And Traffic Drivers’ Licenses: Amend Chapter 5 Of Title 40 Of The Official Code Of Georgia Annotated, Relating To Drivers’ Licenses, So As To Provide That Examinations For Drivers’ Licenses Shall Be Administered Only In The English Language; Provide For An Exception; Provide For Usage Of Licensed Defensive Driving Courses In Pretrial Diversion Programs; Provide That Certificates Of Completion From Unlicensed Courses Shall Not Be Recognized; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes., Kevin Morris, Christina Rupp
Georgia State University Law Review
The Bill requires that driver’s license exams be taken only in the English language. An exception is provided for temporary drivers’ licenses, which may be taken in a language other than English. The Bill also requires that defensive driving classes assigned as part of pretrial diversion programs be licensed by the state.
Crimes And Offenses, Criminal Procedure Crimes Against The Person, Sentence And Punishment: Amend Section 1 Of Article 1 Of Chapter 5 Of Title 16, And Chapter 10 Of Title 17 Of The Official Code Of Georgia Annotated, Relating To Murder And Felony Murder And Sentencing And Punishment, Respectively, So As To Provide For The Imposition Of Life Without Parole Of Persons Convicted Of Murder Independently Of A Death Penalty Prosecution; Provide That The Sentence Of Life Without Parole May Be Imposed Without The Necessity Of The Trier Of Facts Making A Recommendation Of Such Sentence Or Finding Statutory Aggravating Circumstances; Change Certain Provisions Relating To Punishment For Serious Violent Offenders; Repeal Certain Provisions Relating To Imprisonment For Life Without Parole And Finding Statutory Aggravating Circumstances; Provide For Certain Information To Be Reported To The Court Under Certain Circumstances; Repeal Provisions Relating To Duties Of The Judge And Certain Jury Instructions; Repeal Provisions Relating To Sentencing Of Person Subject To Death Penalty Or Life Without Parole Upon A Plea Of Guilty And The Duties Of The Judge; Provide For Related Matters; Provide An Effective Date; Provide For Applicability; Repeal Conflicting Laws; And For Other Purposes., Don Brown, Dmitri Epstein
Georgia State University Law Review
The Act provides for the imposition of life without parole for persons convicted of murder independent of a death penalty prosecution. The Act provides that the sentence of life without parole may be imposed without the necessity of the trier of fact making a recommendation of such sentence or finding statutory aggravating circumstances. The Act provides jury instructions as to the definitions of “life imprisonment” and “life without parole.” The Act amends existing law relating to prehearing sentences in felony cases. The Act repeals all conflicting laws.
Domestic Relations Adoption: Amend Chapter 8 Of Title 19 Of The Official Code Of Georgia Annotated, Relating To Adoption, So As To Enact The “Option Of Adoption Act”; Provide A Short Title; Define Certain Terms; Provide That A Legal Embryo Custodian May Relinquish Rights To An Embryo; Provide For Procedures; Provide That A Child Born As A Result Of Such Relinquished Embryo Shall Be The Legal Child Of The Recipient; Provide For An Expedited Order Of Parentage; Amend The Official Code Of Georgia Annotated So As To Conform Provisions And Correct Cross-References; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes., Jeff Kuntz, Chittam Thakore, Chiaman Wang
Georgia State University Law Review
The Act permits legal custodians of a human embryo to transfer their rights in the embryo to an intended parent before the transfer of that embryo. To effectuate the transfer of rights in the embryo and any resulting child, the Act requires that the legal custodians and the intended parent enter into a written contract before the embryo is transferred. When such a written contract is in place, the Act provides that a child resulting from the embryo transfer will be presumed to be the child of the intended parent and that parent may petition for an expedited order of …
Penal Institutions Correctional Institutions Of State And Counties: Amend Article 3 Of Chapter 5 Of Title 42 Of The Official Code Of Georgia Annotated, Relating To Conditions Of Detention Generally, So As To Provide That Certain Incarcerated Persons Shall Be Tested For Hiv Before Release; Provide For Notice And Counseling; Require The Department Of Corrections To Seek Funding For Such Hiv Testing Program; Provide For A Definition; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes., Kevin Bradberry, Tara Guffrey
Georgia State University Law Review
The Act requires the Department of Corrections to administer an HIV test to prison inmates within thirty days before their release from prison if they were incarcerated for at least one year. Inmates must be notified of the results of the HIV test in writing, and information pertaining to positive test results must be provided to the Department of Human Resources, as required by Georgia law. Before an HIV-positive inmate is released from prison, he must be given educational and medical information on his condition. Additionally, HIV-positive inmates must receive instruction on HIV prevention before their release. The Department of …
Education Amend Part 3 Of Article 16 Of Chapter 2 Of Title 20, Relating To The Health Of Students In Elementary And Secondary Education, So As To Require Local School Systems To Conduct An Annual Fitness Assessment And To Comply With State Physical Education Instruction Requirements; Provide For Reporting Of Results; Provide For An Annual Report To The Governor; Provide For A Recognition Program; Provide For Automatic Repeal; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes., Rosanne Cross, Ben Lorber
Georgia State University Law Review
The Act requires each local school system to conduct an annual fitness assessment program of students in elementary and secondary school during a course taught by a certified physical education teacher in which the student is enrolled. Each local school system must report the individual results of each fitness assessment to the parent or guardian of each student assessed and the aggregate results of the fitness assessments by school to the State Board of Education. The State Board of Education shall adopt standards with which to assess the student health and physical education and shall submit an annual report to …
Public Utilities And Public Transportation Public Service Commission: Enact The “Georgia Nuclear Energy Financing Act”; Amend Section 25 Of Chapter 2 Of Title 46, Relating To The Procedure For Changing Any Rate, Charge, Classification, Or Service, So As To Provide For A Utility To Recover From Its Customers The Costs Of Financing Associated With The Construction Of A Nuclear Generating Plant; Provide A Short Title; Provide For The Calculation And Collection Of The Financing Costs; Provide For The Georgia Public Service Commission To Exercise Discretion In Setting The Level Of Assistance For Senior And Low Income Customers; Provide The Commission With The Authority To Authorize Any Specific Accounting Treatment For The Costs Recovered; Provide For Review By The Commission As To Whether The Costs Recovered Are Being Properly Recorded; Provide For Related Matters; Provide For An Effective Date; Repeal Conflicting Laws; And For Other Purposes., Suzanne N. Boyd, Sara Sorenson
Georgia State University Law Review
The Act allows for a power utility company to charge its customers for the financing costs of building a nuclear power plant during construction of the plant. The Act allows the financing costs to be recovered through an accounting method called Construction Work in Progress (CWIP).
Privacy Programs And Protection For Children And Youth: Amend Article 2 Of Chapter 5 Of Title 49, Relating To Child Abuse And Deprivation Records, So As To Define A Certain Term, Provide For Access By Certain Governmental Entities And Certain Persons To Records Concerning Reports Of Child Abuse; Provide That Certain Records Relating To Child Fatality Or Near Fatality Shall Not Be Confidential; Repeal Conflicting Laws; And For Other Purposes., Carla Chen, Russell Wrenn
Georgia State University Law Review
The Act expands the definition of “child abuse” by providing for a definition of “near fatality.” It also changes who may access records of child abuse and deprivation to include any governmental agency and certain other persons as defined by the Act. Additionally, it makes cases of near fatality accessible to these agencies and individuals. In doing so, the Act prohibits personally identifiable information from disclosure in these cases.
"Simplify You, Classify You": Stigma, Stereotypes And Civil Rights In Disability Classification Systems, Michael L. Perlin
"Simplify You, Classify You": Stigma, Stereotypes And Civil Rights In Disability Classification Systems, Michael L. Perlin
Georgia State University Law Review
No abstract provided.
The Monster In The Closet: Declawing The Inequitable Conduct Beast In The Attorney-Client Privilege Arena, Alexis N. Simpson
The Monster In The Closet: Declawing The Inequitable Conduct Beast In The Attorney-Client Privilege Arena, Alexis N. Simpson
Georgia State University Law Review
No abstract provided.
Preliminary Materials, Georgia State University Law Review
Preliminary Materials, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Deinstitutionalization: Georgia's Progress In Developing And Implementing An "Effectively Working Plan" As Required By Olmstead V. L.C. Ex Rel, Amy Tidwell
Georgia State University Law Review
No abstract provided.
Fasb - The Irs's New Best Friend: How Fin 48 Affects The Taxpayer-Irs Relationship And Potential Taxpayer Challenges, Andrew W. Jones
Fasb - The Irs's New Best Friend: How Fin 48 Affects The Taxpayer-Irs Relationship And Potential Taxpayer Challenges, Andrew W. Jones
Georgia State University Law Review
No abstract provided.
The United Nations Convention On The Rights Of Persons With Disabilities And Its Implications For The Rights Of Elderly People Under International Law, Arlene S. Kanter
The United Nations Convention On The Rights Of Persons With Disabilities And Its Implications For The Rights Of Elderly People Under International Law, Arlene S. Kanter
Georgia State University Law Review
No abstract provided.
Disability Rights, Disability Discrimination, And Social Insurance, Mark C. Weber
Disability Rights, Disability Discrimination, And Social Insurance, Mark C. Weber
Georgia State University Law Review
No abstract provided.
Rights Resurgence: The Impact Of The Ada Amendments Act On Schools And Universities, Wendy F. Hensel
Rights Resurgence: The Impact Of The Ada Amendments Act On Schools And Universities, Wendy F. Hensel
Georgia State University Law Review
No abstract provided.
State Government New State Flag: Change Design And Description Of State Flag; Change Design And Description Of State Seal; Provide For The Preservation And Protection Of Certain Public Monuments And Memorials; Require Agencies Eligible For Receipt Of State Funds To Display State Flag; Limit State Appropriations For Agencies Failing To Comply With Provisions; Provide For Enforcement, Darren Summerville
Georgia State University Law Review
The Act establishes a new design for the Georgia state flag, replacing the version adopted by the General Assembly in 1956. The Act also slightly modifies the design and description of the state seal; the new great seal is incorporated as a substantial portion of the new flag design. The Act also amends the Georgia Budget Act by requiring those state agencies eligible for the receipt of state funds to display the new flag; those agencies in noncompliance with this mandate are subject to denial of further appropriations. Finally, the Act preserves and protects existing state and local memorials and …
Public Utilities And Public Transportation Distribution, Storage And Sale Of Gas: Amend The "Natural Gas Competition And Deregulation Act"; Provide That A Retail Customer May Change Marketers Once A Year Without Penalty; Limit The Amount Of Deposit; Provide For Deposit Refunds; Require Certain Disclosures By The Public Service Commission; Authorize Said Commission To Regulate The Gas Market Under Certain Conditions; Regulate Marketer Billing Practices; Change The Provisions Of The Universal Service Fund, Matthew D. Lane Jr.
Georgia State University Law Review
The Act amends the Natural Gas Competition and Deregulation Act of 1997 by codifying several consumer protection measures. The Act permits consumers to change marketers once a year without incurring a service fee, and it limits the deposit amount a marketer may charge. The Act sets forth criteria for determining when the gas market is not competitive and when the Public Service Commission may regulate an uncompetitive market. The Act regulates marketer billing practices and requires marketers to publish certain information related to their billing practices. The Act also mandates that the universal service fund be used primarily to assist …
Amoco Production Company V. Southern Ute Indian Tribe: A Final Resolution To The Battle Over Ownership Of Coalbed Methane Gas?, Laura D. Windsor
Amoco Production Company V. Southern Ute Indian Tribe: A Final Resolution To The Battle Over Ownership Of Coalbed Methane Gas?, Laura D. Windsor
Georgia State University Law Review
No abstract provided.