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Full-Text Articles in Law

Motor Vehicles And Traffic Vehicle Registration And The Protection Of Consumers, Security Interest Holders, And Lienholders, P. Ray Sep 1990

Motor Vehicles And Traffic Vehicle Registration And The Protection Of Consumers, Security Interest Holders, And Lienholders, P. Ray

Georgia State University Law Review

The Act requires dealers of motor vehicles to disclose to purchasers the existence of damage to any vehicle sold if the amount of damage exceeds five percent of the manufacturer's suggested retail price. Concealing or misrepresenting a vehicle's identity through the use of license plates is prohibited. Any person transferring a motor vehicle must provide the transferee with a certificate of registration. The Act adds to the definition of salvage motor vehicle any motor vehicle for which an insurance company has paid a total loss claim, and provides for cancellation of certificates of title for salvage motor vehicles.


Property Estates: The Uniform Statutory Rule Against Perpetuities, J. Rothstein Sep 1990

Property Estates: The Uniform Statutory Rule Against Perpetuities, J. Rothstein

Georgia State University Law Review

The Act strikes Georgia's Rule Against Perpetuities and adopts the Uniform Statutory Rule Against Perpetuities.


Domestic Relations Comprehensive Child Abuse Legislation, E. Miller Sep 1990

Domestic Relations Comprehensive Child Abuse Legislation, E. Miller

Georgia State University Law Review

This package of bills revised and added a number of code sections to Georgia's child protection legislation. The package includes requirement for reporting abuse and provides a civil penalty for failure to do report. The package also includes provisions for a state-wide registry to improve information sharing between state agencies and tracing statistical information presently collected at the county level; a state medical examiner system; automatic autopsies following the deaths of children under age seven; or in situations in which circumstances warrant; more open access to child abuse records; and a requirement that child care services submit reunification plans when …


Georgia's Tripartite Nightmare: Attorney Disqualification In Successive Representation Cases, Gary E. Thomas Sep 1990

Georgia's Tripartite Nightmare: Attorney Disqualification In Successive Representation Cases, Gary E. Thomas

Georgia State University Law Review

No abstract provided.


Wills, Trusts, And Administation Of Estates Wills: Effect Of Gifts To Subscribing Witnesses, J. Rothstein Sep 1990

Wills, Trusts, And Administation Of Estates Wills: Effect Of Gifts To Subscribing Witnesses, J. Rothstein

Georgia State University Law Review

The Act amends Georgia law regarding whether witnesses to a will may take under the will by adopting a supernumerary rule.


Crimes And Offenses Controlled Substances: Revoke Licenses For Drug Offenses, R. Jandrlich Sep 1990

Crimes And Offenses Controlled Substances: Revoke Licenses For Drug Offenses, R. Jandrlich

Georgia State University Law Review

The Act mandates sanctions against individuals licensed to conduct a business or practice a profession who are convicted of offenses involving controlled substances of marijuana. The Act requires licensed persons to report their convictions to the granting authority which must either suspend or revoke the license. The Act also provides for license reinstatement upon successful completion of an approved drug rehabilitation program.


Debtor And Creditor Garnishment Proceedings: Provide For Exemptions, S. G. Smart Sep 1990

Debtor And Creditor Garnishment Proceedings: Provide For Exemptions, S. G. Smart

Georgia State University Law Review

The Act exempts certain individual retirement accounts from garnishment except under some conditions. The Act changes or repeals other provisions relating to the exemption from garnishment of certain pension, retirement or benefit programs.


Conservation And Natural Resources Solid Waste Management, B. E. Potter Sep 1990

Conservation And Natural Resources Solid Waste Management, B. E. Potter

Georgia State University Law Review

SB 533 replaces the Solid Waste Management Act and creates a Solid Waste Management Authority, creating a plan for reducing solid waste by twenty-five percent locally and statewide by 1996, and establishing mandatory recycling plans for governmental agencies and for several waste products. SB 478 amends the Georgia Comprehensive Solid Waste Management Act to allow landfills situated within two miles of significant ground water recharge areas to operate without liners and leachate systems, provided that the landfills received approval to operate before March 15, 1989. The Act also restricts the opening of new solid waste thermal treatment technology facilities. Decisions …


Public Utilities And Public Transportation Public Service Commission: To Provide Toll-Free Intracounty Calling, C. Michel Sep 1990

Public Utilities And Public Transportation Public Service Commission: To Provide Toll-Free Intracounty Calling, C. Michel

Georgia State University Law Review

The Act provides for regulation and funding of mandatory intracounty toll-free calling, as determined by the Public Service Commission and permits plans for extended community-of-interest toll-free calling.


State Government Georgia Development Authority: Exclude Persons From Program Participation, C. Michel Sep 1990

State Government Georgia Development Authority: Exclude Persons From Program Participation, C. Michel

Georgia State University Law Review

The Act excludes persons convicted of certain illegal drug activity from participation in any program financed or administered by the Georgia Development Authority.


Local Government General Provisions: Allow Municipal Governing Authorities To Empower Mayor To Enter Into Contracts On Municipal Corporation's Behalf, G. Thomas Sep 1990

Local Government General Provisions: Allow Municipal Governing Authorities To Empower Mayor To Enter Into Contracts On Municipal Corporation's Behalf, G. Thomas

Georgia State University Law Review

The Act empowers the governing authorities of municipal corporations to authorize the mayor to enter into contracts with public and private entities, involving property or facilities used for criminal justice purposes, on behalf of municipal corporations. Monetary, durational and population, limitations on the exercise of this power are provided.


Public Officers And Employees Personnel Administration: Establish Sanctions For Drug Use And Drug Related Offenses, G. Thomas Sep 1990

Public Officers And Employees Personnel Administration: Establish Sanctions For Drug Use And Drug Related Offenses, G. Thomas

Georgia State University Law Review

These two Acts provide for random drug testing of state employees involved in certain high-risk occupations, for the suspension of any state employee convicted of drug-related offenses, and for prescribed periods of ineligibility from state employment for applicants who have been convicted of drug-related offenses.


Animals Animal Protection: Provide For Protection Of Farm Animal And Research Facilities, K. Lewis Sep 1990

Animals Animal Protection: Provide For Protection Of Farm Animal And Research Facilities, K. Lewis

Georgia State University Law Review

The Act creates a new article that provides for misdemeanor and felony offenses for destruction or damage to animals or property of an animal research facility. The Act also imposes penalties and provides for recovery of damages, punitive damages, court costs, and attorney's fees.


Crimes And Offenses Sexual Offenses: Establish Offenses Of Sexual Battery And Aggravated Sexual Battery And Revise Definition Of The Offense Of Sexual Assault Against Persons In Custody, K. Lewis Sep 1990

Crimes And Offenses Sexual Offenses: Establish Offenses Of Sexual Battery And Aggravated Sexual Battery And Revise Definition Of The Offense Of Sexual Assault Against Persons In Custody, K. Lewis

Georgia State University Law Review

The Act creates two new offenses, sexual battery and aggravated sexual battery, and provides penalties for those offenses. The Act also amends the statutory definition of the offense of sexual assault against persons in custody to include assault against persons enrolled in a school.


Health Clinical Laboratories: Amend Provisions For The Disclosure Of Aids Confidential Information And For The Ordering Of Hiv Tests, K. Lewis Sep 1990

Health Clinical Laboratories: Amend Provisions For The Disclosure Of Aids Confidential Information And For The Ordering Of Hiv Tests, K. Lewis

Georgia State University Law Review

The Act creates a new exception to nondisclosure of AIDS confidential information by providing for disclosure of such information in certain proceedings pertaining to incapacitated adults and the mentally ill, mentally retarded, alcoholic or drug dependent person. Also, the Act provides for additional conditions under which an HIV test may be administered without the patient's consent.


Contracts Contracts In Partial Restraint Of Trade: Restrictive Covenant Act, L. Winkleman Sep 1990

Contracts Contracts In Partial Restraint Of Trade: Restrictive Covenant Act, L. Winkleman

Georgia State University Law Review

The Act provides that contracts in partial restraint of trade that are reasonable are valid and enforceable. The Act establishes rules for determining when a restrictive covenant is reasonable and establishes procedures for identification, clarification and reformulation of such covenants. Courts must enforce restrictive covenants independently of the enforceability of any other covenant, or part of a covenant, contained in a non-compete agreement. A post-employment loss or forfeiture provision conditioned upon the occurrence of subsequent competition does not constitute a restraint of trade and is enforceable regardless of the unenforceability of non-compete covenants contained in the same contract.


Public Utilities And Public Transportation Regulate Transmission Of Facsimile Messages, M. Padilla Sep 1990

Public Utilities And Public Transportation Regulate Transmission Of Facsimile Messages, M. Padilla

Georgia State University Law Review

The Act adds a new section to the Code regulating the transmission of commercial facsimile (fax) messages. It also provides civil penalty of disconnected telephone service, criminal misdemeanor penalties, and enforcement by the Public Service Commission and local telephone companies.


Elections Ethics In Government: Campaign Contribution And Disclosure Provisions, P. Ray Sep 1990

Elections Ethics In Government: Campaign Contribution And Disclosure Provisions, P. Ray

Georgia State University Law Review

HB 1312 revises the provisions for transfer of excess campaign funds after a state-wide election. HB 1336 prohibits any government agency from contributing to political organizations or campaigns and revises requirements for financial disclosure by political candidates for state-wide public offices. HB 1385 requires that candidates disclose the business, occupation, or place of employment for each donor contributing over $1,000; that members of the General Assembly, state-wide elected officials, and their respective campaign committees not accept campaign contributions during a legislative session; and that the maximum permissible contribution by any donor to a candidate is $3,500 per election. HB 1465 …


Compulsory Acceptance Of Court Appointments: Mallard V. United States District Court For The Southern District Of Iowa, Patricia Ball Sep 1990

Compulsory Acceptance Of Court Appointments: Mallard V. United States District Court For The Southern District Of Iowa, Patricia Ball

Georgia State University Law Review

No abstract provided.


A Report From The Front In The War On Drugs, Patricia M. Wald Sep 1990

A Report From The Front In The War On Drugs, Patricia M. Wald

Georgia State University Law Review

No abstract provided.


Health Performance Of Sterilization Procedures: Deletion Of Spousal Consent And Consulting Opinion Requirements, R. Jandrlich Sep 1990

Health Performance Of Sterilization Procedures: Deletion Of Spousal Consent And Consulting Opinion Requirements, R. Jandrlich

Georgia State University Law Review

The Act deletes the requirement for spousal consent and a second medical opinion that were previously required before a vasectomy, tubal ligation, or other sterilization procedures could be obtained.


Health The Durable Power Of Attorney For Health Care Act, R. Feeley Sep 1990

Health The Durable Power Of Attorney For Health Care Act, R. Feeley

Georgia State University Law Review

The Act allows a competent adult to appoint an agent to make health care decisions on his or her behalf. The Act provides the mechanisms for establishing and enforcing a health care agency relationship and a statutory short form durable power of attorney for health care. The Act also defines the responsibilities of health care providers in health care agency situations and provides for penalties, liability, and immunity from liability under some circumstances for both health care providers and agents.


The Pattern Requirement Of Civil Rico: H.J. Inc. V. Northwestern Bell Telephone Co., Robbie J. Dimon Sep 1990

The Pattern Requirement Of Civil Rico: H.J. Inc. V. Northwestern Bell Telephone Co., Robbie J. Dimon

Georgia State University Law Review

No abstract provided.


The Effect Of Georgia's Architectural Statutes Of Limitations On Real And Personal Property Claims For Negligent Construction, Robert Jandrlich Sep 1990

The Effect Of Georgia's Architectural Statutes Of Limitations On Real And Personal Property Claims For Negligent Construction, Robert Jandrlich

Georgia State University Law Review

No abstract provided.


The Status Of The Workers' Compensation System In Georgia And Proposed Changes: Remedies For The Remedy, Roy E. Barnes Sep 1990

The Status Of The Workers' Compensation System In Georgia And Proposed Changes: Remedies For The Remedy, Roy E. Barnes

Georgia State University Law Review

No abstract provided.


Conservation And Natural Resources Water Resources: Provide Water Quality Standards For Lakes, S. Erdely Sep 1990

Conservation And Natural Resources Water Resources: Provide Water Quality Standards For Lakes, S. Erdely

Georgia State University Law Review

The Act provides for the comprehensive studies of lakes of 1000 or more acres; the adoption of water quality standards for each lake and its major tributaries; and the monitoring of each lake on a regular basis to ensure it reaches and maintains such standards.


Conservation And Natural Resources Water Resources: Revise Restrictions On Phosphorus Detergents, S. Erdely Sep 1990

Conservation And Natural Resources Water Resources: Revise Restrictions On Phosphorus Detergents, S. Erdely

Georgia State University Law Review

The Act revises the provisions relating to low phosphorus household laundry detergents; prohibits, under certain conditions, the retail sale or use of cleaning agents containing phosphorus; and makes compliance with the phosphorus reduction program mandatory.


Evidence Witnesses: A Qualified Reporter's Privilege, S. Dewberry Sep 1990

Evidence Witnesses: A Qualified Reporter's Privilege, S. Dewberry

Georgia State University Law Review

The Act provides a qualified privilege against compelled disclosure of information for those who gather and disseminate news. The privilege applies only in proceedings in which the one asserting the privilege is not a party. The privilege is not absolute; to overcome the privilege the party seeking the information must show that the information sought is material and relevant, cannot be reasonably obtained by other means, and is necessary to the proper preparation or presentation of the case of the party seeking the information.


Motor Vehicles And Traffic Drivers' Licenses: Provide For Suspension, Revocation, Or Delay In Issuance For Conviction Of Controlled Substance Related Offenses; Formation Of Intervention Program, S. G. Smart Sep 1990

Motor Vehicles And Traffic Drivers' Licenses: Provide For Suspension, Revocation, Or Delay In Issuance For Conviction Of Controlled Substance Related Offenses; Formation Of Intervention Program, S. G. Smart

Georgia State University Law Review

The Acts provide for a delay in the issuance of the driver's license of any person under age 16 who is adjudicated guilty of driving under the influence of alcohol of a controlled substance or marijuana, and for the revocation and suspension of the driver's license of any person convicted of possession of a controlled substance or marijuana. The Act also provides for the issuance or reinstatement of drivers' licenses following the completion of the intervention program established by the Acts' enabling legislation.


Revenue And Taxation Income Taxes: Amend Code Provisions Exempting State Pension Plans, C. Sullivan Sep 1990

Revenue And Taxation Income Taxes: Amend Code Provisions Exempting State Pension Plans, C. Sullivan

Georgia State University Law Review

The Act amends Code Section 48-7-27 by revoking the state income taxation exclusion for income received from certain public pension or retirement funds. The Act also provides for specified amounts of retirement income from state income taxation. The Act amends Code Section 48-7-27 to comply with the United States Supreme Court decision in Davis v. Michigan Dep't of Treasury, 109 S.Ct. 1500 (1989).