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Articles 61 - 78 of 78

Full-Text Articles in Law

Property Mortgages, Liens, And Security: Provide Restrictions And Forms For Lien Waivers And Release, Daniel R. King Jan 1992

Property Mortgages, Liens, And Security: Provide Restrictions And Forms For Lien Waivers And Release, Daniel R. King

Georgia State University Law Review

The Act makes null, void, and unenforceable any waiver of a right to claim a lien in advance of furnishing labor, services, or materials. Further, any lien waiver executed after commencement of a project, whether to induce a progress payment or final payment, must substantially follow the forms set forth in the Act. Within thirty days after entering into a lien waiver conditional on payment, an unpaid contractor must file an Affidavit of Nonpayment or else such amounts owed shall be deemed paid in full and the condition of payment satisfied.


Crimes And Offenses Controlled Substances: Provide Procedures For The Seizure And Disposition Of Forfeited Property; Provide For Liens On Property Subject To Forfeiture; Provide For Distribution Of Forfeited Property And The Proceeds From Such Property, Debra D. Green Jan 1992

Crimes And Offenses Controlled Substances: Provide Procedures For The Seizure And Disposition Of Forfeited Property; Provide For Liens On Property Subject To Forfeiture; Provide For Distribution Of Forfeited Property And The Proceeds From Such Property, Debra D. Green

Georgia State University Law Review

The Act declares that certain items are contraband, and that no property rights exist as to those items. The Act provides for the seizure of property subject to forfeiture and for the filing of a lien for forfeiture upon the initiation of any civil or criminal proceeding under this article, as well as upon seizure. The Act provides procedures for forfeiture and the conditions required for the filing of a temporary restraining order against property subject to forfeiture. The Act provides for the evidence to be admissible at hearings and determinations made subject to forfeiture, as well as for inferences …


Criminal Procedure Trial: Amend Provisions Relating To Closed Circuit Television Testimony Of Child Victims Of Certain Sexual Offenses, Jill M. Wood Jan 1992

Criminal Procedure Trial: Amend Provisions Relating To Closed Circuit Television Testimony Of Child Victims Of Certain Sexual Offenses, Jill M. Wood

Georgia State University Law Review

The Act provides that a child victim of rape, sodomy, child molestation, cruelty to children, or sexual assault may testify out of court, and such testimony will be broadcast in the courtroom by way of closed circuit television. During testimony, only the judge, attorneys, camera operators, and a representative of the child may be in the room with the child. The Act does not prohibit the presence of both the child and the defendant in the courtroom at the same time for the purpose of identification.


Domestic Relations Adoption: Make Technical Corrections To Adoption Code, Julia H. Powell Jan 1992

Domestic Relations Adoption: Make Technical Corrections To Adoption Code, Julia H. Powell

Georgia State University Law Review

The Act clarifies provisions of the Adoption Code, corrects syntactical and grammatical errors, and corrects portions of the revised Code which proved to be costly or unworkable. It specifies that the petitioner will pay for criminal record checks, and allows reunion registry activities to be handled by independent agencies on a fee basis. It modifies the Code to allow networking letters seeking independent adoptions to contain an attorney's name and address as a contact.


Health Vital Records: Revise Birth Certificate, Death Certificate And Disposition Permit Requirements, Julia H. Powell Jan 1992

Health Vital Records: Revise Birth Certificate, Death Certificate And Disposition Permit Requirements, Julia H. Powell

Georgia State University Law Review

The Act revises regulations relating to vital records including birth certificates, delayed birth certificates, birth certificates for adopted children born in a foreign country, death certificates, permits for burial, removal and transit of dead bodies, and amendments to birth certificates.


Conservation And Natural Resources Waste Management: Provide For Vertical Expansion Of Certain Waste Disposal Sites For Two Year Period, Karl M. Braun Jan 1992

Conservation And Natural Resources Waste Management: Provide For Vertical Expansion Of Certain Waste Disposal Sites For Two Year Period, Karl M. Braun

Georgia State University Law Review

The Act amends the Georgia Comprehensive Solid Waste Management Act and allows certain solid waste disposal facilities to vertically expand their existing facilities beyond their originally permitted capacity during a twenty-four month period. The Act requires classifications of modifications as either major or minor modifications for public notice purposes. It defines the public notice procedures required before a major modification. Written verification of compliance with local zoning or land use ordinances and solid waste reduction programs, which is required of permit applicants, is extended to those facilities that have been granted a major modification.


Criminal Procedure Bonds And Recognizances: Provide For Increased Bail And For Filing Of Separate Police Reports For Incidents Of Family Violence, Karl M. Braun Jan 1992

Criminal Procedure Bonds And Recognizances: Provide For Increased Bail And For Filing Of Separate Police Reports For Incidents Of Family Violence, Karl M. Braun

Georgia State University Law Review

HB 448 provides for increased bail when an offense involves an act of family violence. If the offense involves serious injury and the arresting officer believes further violence is possible, it is bailable only before a judicial officer. HB 449 provides that a separate report shall be filed whenever a law enforcement officer responds to an incident involving family violence, and outlines the required contents of that report. The Act also provides that the officer shall not base the decision to arrest on the consent or request of the victim and provides guidelines for determining who was the primary physical …


Wills, Trusts, And Administration Of Estates Estates: Establish Additional Means By Which Children Born Out Of Wedlock May Inherit, Mary Mccall Cash Jan 1992

Wills, Trusts, And Administration Of Estates Estates: Establish Additional Means By Which Children Born Out Of Wedlock May Inherit, Mary Mccall Cash

Georgia State University Law Review

The Act codifies the doctrine of virtual or equitable legitimation as interpreted by Georgia case law. The Act also adds genetic testing as a means by which the paternity of children born out of wedlock may be established.


Wills, Trusts, And Administration Of Estates Year's Support: Change Determination Of Year's Support, Mary Mccall Cash Jan 1992

Wills, Trusts, And Administration Of Estates Year's Support: Change Determination Of Year's Support, Mary Mccall Cash

Georgia State University Law Review

The Act clarifies what sources of support the court may consider available to an applicant for year's support, as well as clarifying who has the burden of proof in showing the amount of support necessary. The Act also removes the former requirement that all debts of the estate be paid before an applicant can receive year's support for subsequent years.


Penal Institutions Probation: Provide Confinement Requirement Of Ninety Days For Certain Probationers To Be Fulfilled At Special Alternative Incarceration Boot Camps, Melodie Belcher Jan 1992

Penal Institutions Probation: Provide Confinement Requirement Of Ninety Days For Certain Probationers To Be Fulfilled At Special Alternative Incarceration Boot Camps, Melodie Belcher

Georgia State University Law Review

The Act provides that probationers who are not less than seventeen years old and not more than thirty years old, and who are sentenced to at least one year on probation, may be required to complete a period of ninety days of confinement in a special alternative incarceration boot camp. This will apply only to probationers not suffering any mental or physical handicaps which would prevent them from engaging in strenuous activity. At least five days prior to the probationer's release from the special alternative incarceration boot camp, the Department of Corrections will certify to the trial court as to …


Wills, Trusts, And Administration Of Estates Laws Relating To Trusts, Robert F. Dow Jan 1992

Wills, Trusts, And Administration Of Estates Laws Relating To Trusts, Robert F. Dow

Georgia State University Law Review

The Act reorganizes Georgia trust law and codifies many common law principles that were previously recognized in Georgia law, but had not been incorporated into statutory law. The Act recognizes the validity of spendthrift trusts, and makes the allocation of principal and income in trusts more consistent with national trust law.


Commerce And Trade Selling And Other Trade Practices: Prohibit Requested Information As A Condition Of Sale, Scott P. Hilsen Jan 1992

Commerce And Trade Selling And Other Trade Practices: Prohibit Requested Information As A Condition Of Sale, Scott P. Hilsen

Georgia State University Law Review

The Act prohibits merchants from compelling a purchaser to disclose the purchaser's phone number as a contingency of a credit card sale. Merchants, as a condition of accepting a check or draft, are prohibited from imprinting the information from a purchaser's credit card on the check or draft, or in any way transcribing the purchaser's credit card number. The Act provides for acceptable business practices regarding a purchaser's telephone number or credit card number. A violator, or prospective violator, of the Act's provisions is subject to a cease and desist order or a civil penalty.


A Constitutional Analysis Of Compulsory School Attendance Laws In The Southeast: Do They Unlawfully Interfere With Alternatives To Public Education?, Mark H. Murphy Jan 1992

A Constitutional Analysis Of Compulsory School Attendance Laws In The Southeast: Do They Unlawfully Interfere With Alternatives To Public Education?, Mark H. Murphy

Georgia State University Law Review

No abstract provided.


The Case Against The Georgia Mortmain Statute, Mary F. Radford Jan 1992

The Case Against The Georgia Mortmain Statute, Mary F. Radford

Georgia State University Law Review

No abstract provided.


A Tale Of Two Roads: The Presidential Parkway And Georgia 400, Mary Mccall Cash Jan 1992

A Tale Of Two Roads: The Presidential Parkway And Georgia 400, Mary Mccall Cash

Georgia State University Law Review

No abstract provided.


A Legislative History Of The Creation Of The Eleventh Circuit, Thomas E. Baker Jan 1992

A Legislative History Of The Creation Of The Eleventh Circuit, Thomas E. Baker

Georgia State University Law Review

No abstract provided.


Southern General Insurance Co. V. Holt: Defining "Duty" In The Duty-To-Settle Doctrine As Applied To Third-Party Insurance Claims In Georgia, Suzan E. Roth Jan 1992

Southern General Insurance Co. V. Holt: Defining "Duty" In The Duty-To-Settle Doctrine As Applied To Third-Party Insurance Claims In Georgia, Suzan E. Roth

Georgia State University Law Review

No abstract provided.


European And Global Harmonization Of The Law Of Banking Transactions, Uwe H. Schneider Jan 1992

European And Global Harmonization Of The Law Of Banking Transactions, Uwe H. Schneider

Georgia State University Law Review

No abstract provided.