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Articles 1 - 30 of 51
Full-Text Articles in Law
Is Poetry Undemocratic?, Anthony T. Kronman
Is Poetry Undemocratic?, Anthony T. Kronman
Georgia State University Law Review
No abstract provided.
Where Are We Headed With Mandatory Arbitration Of Statutory Claims In Employment?, Harry T. Edwards
Where Are We Headed With Mandatory Arbitration Of Statutory Claims In Employment?, Harry T. Edwards
Georgia State University Law Review
No abstract provided.
Media Access To Juvenile Records: In Search Of A Solution, Shannon Mclatchey
Media Access To Juvenile Records: In Search Of A Solution, Shannon Mclatchey
Georgia State University Law Review
No abstract provided.
The Statutory Development Of The Parent-Child Privilege: Congress Responds To Kenneth Starr's Tactics, Shonah P. Jefferson
The Statutory Development Of The Parent-Child Privilege: Congress Responds To Kenneth Starr's Tactics, Shonah P. Jefferson
Georgia State University Law Review
No abstract provided.
The Georgia Supreme Court And Local Government Law: Two Sheets To The Wind, R. Perry Sentell Jr.
The Georgia Supreme Court And Local Government Law: Two Sheets To The Wind, R. Perry Sentell Jr.
Georgia State University Law Review
No abstract provided.
Dale V. Boy Scouts Of America: New Jersey's Law Against Discrimination Weighs The Balance Between The First Amendment And The State's Compelling Interest In Eradicating Discrimination, Karen L. Dayton
Georgia State University Law Review
No abstract provided.
Taxation Of Loan Origination Expenditures: Lenders May No Longer Bank On Deductibility, Roger T. Weitkamp
Taxation Of Loan Origination Expenditures: Lenders May No Longer Bank On Deductibility, Roger T. Weitkamp
Georgia State University Law Review
No abstract provided.
Education Elementary And Secondary Education: Require Local School Boards To Implement A Comprehensive Character Education Program For All Grade Levels; Provide For The Adoption Of Local School Board Policies To Improve Student Behavior And Discipline; Require State Board Of Education To Establish Minimum Standards For Such Policies; Provide For The Distribution And Availability Of Student Codes Of Conduct; Provide For The Authority Of Teachers And Principals With Respect To Classroom Management And Student Discipline; Provide For Grants To Local School Systems For Alternative Education Programs, Janet L. Bozeman
Georgia State University Law Review
The Act requires local school boards to create student codes of conduct, which define standards of behavior and contain a progressive discipline process. The State Board of Education will create model codes which schools may choose to follow. However, the local boards should provide opportunities for parental involvement when they develop their own codes. Teachers will have the authority to remove disruptive students from the classroom. Local school boards must establish reporting procedures that require teachers to submit a report describing why the teacher removed the student. The principal must send copies of the report and an account of any …
Nuisances Abatement Of Nuisances Generally: Provide That A City Or County Attorney Or Solicitor-General May File An Action To Abate A Public Nuisance Or A Drug-Related Nuisance; Provide That These Remedies Are Cumulative Of Other Remedies, David J. Hungeling
Georgia State University Law Review
The Act empowers city and county attorneys or solicitors-general to file an action to abate a public nuisance or a nuisance that is created by unlawful sexual or drug-related activity. Prior law provided that only a district attorney could bring such an action. The Act also provides that the Code section relating to drug- related nuisances is cumulative of other remedies and is not to be construed to repeal existing remedies for drug-related nuisances. The Act also empowers city and county attorneys and solicitors-general to civilly prosecute any public nuisance.
State Government State Printing And Documents: Provide For Conditions Of Disclosure Of Public Records Received Or Maintained By Private Persons Or Private Entities Performing Services For Public Entities; Change Provisions Relating To Time And Manner In Which Custodians Must Respond To Requests For Inspection; Require Custodians To Provide Access To Computer Records By Electronic Means; Require A Custodian Who Refuses To Provide A Document For Inspection To Make A Binding Explanation Of The Reasons The Custodian Denied Access; Impose Criminal Penalties For Failure To Provide Access To Records And Define Punishment, Suzanne F. Sturdivant
Georgia State University Law Review
The Act provides that private persons or entities that perform services for public entities must make records of such services available to the public. It requires the entities to turn over the public records three days after a citizen requests them. The Act also requires the entities to provide access to computer records by electronic means under certain conditions. Under the Act, the custodian must give an explanation when he or she denies access to a requested record. The Act makes it a criminal offense to knowingly and willfully fail or refuse to provide access to records.
Wills, Trusts, And Administration Of Estates Probate: Uniform Transfer On Death Security Registration Act, Carl Jackson Spence
Wills, Trusts, And Administration Of Estates Probate: Uniform Transfer On Death Security Registration Act, Carl Jackson Spence
Georgia State University Law Review
The Act provides that owners of securities may designate a transfer-on- death (TOD) beneficiary or beneficiaries. Upon the death of the owner or of the last survivor among multiple owners, ownership of securities registered in beneficiary form passes to the beneficiaries outside of the decedent's probate estate. Registration of securities in beneficiary form has no effect until the death of the owner or owners and may be canceled or changed at any time by the owner or owners. If no beneficiary survives all of the owners, the securities pass to the estate of the owner or the last survivor of …
State Government State Printing And Documents: Provide For Legislative Findings; Repeal The Prohibition Of Inspection Or Copying Of Law Enforcement Records For Commercial Solicitation; Change Provisions Relating To Inspection Reports; Provide For Circumstances When Such Reports May Be Inspected Or Copied; Provide That The Prohibitions, Procedures, And Fees Of The Article Do Not Apply When Public Records Are Requested In Writing By A Grand Jury, Taxing Authority, Law Enforcement Agency, Or Prosecuting Attorney In Certain Circumstances, John M. Merritt
Georgia State University Law Review
The Act repeals the portion of the Open Records Act that formerly authorized the State to criminally penalize those who copied Georgia Uniform Motor Vehicle Accident Reports for the purpose of soliciting lawsuits. The Act prohibits access to and copying of Georgia Uniform Motor Vehicle Accident Reports except by those individuals or entities that demonstrate in writing their need for the reports. Under the Act, only ten classes of individuals or entities qualify for this exception.
Agriculture Southern Dairy Compact: Provide For Entry Into The Compact By The State Of Georgia, Lucas Harsh
Agriculture Southern Dairy Compact: Provide For Entry Into The Compact By The State Of Georgia, Lucas Harsh
Georgia State University Law Review
The Act allows for Georgia's entry into the Southern Dairy Compact which will establish minimum prices paid to dairy farmers for Grade A whole milk. The Act establishes the method for selecting Georgia's delegation to the regional Compact and outlines the method by which delegates from all of the member states will establish a minimum price to be paid to dairy farmers.
Corporations, Partnerships And Associations Limited Liability Companies: Provide For Default Rule Maintaining Continuous Existence Of Limited Liability Companies; Provide That Except As Established Otherwise In The Articles Of Organization Or Written Operating Agreement Of A Limited Liability Company, A Member Of A Limited Liability Company With Respect To Which The Event Of Dissociation Occurs Is Not Entitled To Receive Any Payment By Reason Of Such Event And Will Become An Assignee As To Such Limited Liability Company Interest, Michael E. Eisenstadt
Georgia State University Law Review
The Act amends the existing Georgia Limited Liability Company Act to provide that in the event of dissociation, a member of a limited liability company becomes an assignee to the interest of such limited liability company (LLC). A person can cease to be a member of an LLC in the following circumstances: by operation of law; by reason of his or her death or incapacity; if he or she is removed in accordance with the articles of organization or a written operating agreement of the LLC; by the majority vote assignment; when he or she assigns his or her interest …
Corporations, Partnerships, And Associations Business Corporations; Nonprofit Corporations; Revised Uniform Limited Partnership Act; Limited Liability Companies: Provide That Certain Documents Filed With The Secretary Of State May Be Signed By An Attorney In Fact; Provide That Certain Documents May Be Filed Electronically With The Secretary Of State; Provide That A Shareholder May By Means Of Electronic Transmission Appoint A Proxy Vote For Himself Or Herself; Provide That A Parent Corporation May Merge Itself Into A Subsidiary Corporation, Brian Leslie
Georgia State University Law Review
The Act provides that certain electronic media should be acceptable methods of processing procedural business documents. These electronic media include any means of processing communication that do not directly involve the physical transfer of paper documents from one entity to another. The Act enables the electronic filing of shareholder proxies and other documents with the Secretary of State. The Act encompasses business corporations, nonprofit corporations, limited partnerships, and limited liability corporations. In addition, the Act allows a parent corporation to merge into a subsidiary and updates several definitions, including what constitutes a beneficial owner and a foreign corporation.
Insurance Insurance Generally: Breast Cancer Patient Care Act, Donald L. Thomas
Insurance Insurance Generally: Breast Cancer Patient Care Act, Donald L. Thomas
Georgia State University Law Review
The Act requires health insurers to provide a minimum of inpatient medical care coverage for patients who undergo a mastectomy or lymph node dissection. The Act defines mastectomy and lymph node dissection and other terms used in the language of the Act. The Act further requires insurance carriers to provide notice of this Code section to their insured.
Domestic Relations Alimony And Child Support Generally: Clarify That A Motion To Enforce An Alimony Or Child Support Order By Attachment For Contempt Is Part Of The Underlying Action And Does Not Constitute A New Action; Provide For The Nature Of Contempt Proceedings As Part Of The Underlying Alimony Or Child Support Action; Provide That A New Filing Fee Is Not Required For Such Actions, James M. Spielberger
Georgia State University Law Review
The Act amends Code section 19-6-28, which relates to the enforcement of orders for alimony or child support. It strikes subsection (a) in its entirety, which granted courts the power to subject respondents to terms and conditions they deem proper to assure compliance with orders, including the power to punish violators to the same extent provided by law for contempt in other actions or proceedings. The Act replaces the former law with a new subsection (a) that provides the same powers, but also includes a provision that any compliance proceeding will be a part of the original action. The new …
Crimes And Offenses Sexual Offenses: Change The Provisions Relating To The Offense Of Rape; Change Penalty Provisions To Require Life In Prison Without Parole, Karen L. Dayton
Georgia State University Law Review
The Act changes the definition of the offense of rape. Originally, the Georgia statute defined rape as forcibly having carnal knowledge of a woman against her will. While retaining this traditional definition of rape for the adult female, the Act amends the definition with regard to a female under ten years of age to include merely having carnal knowledge of such a female. The Act also amends the penalty provision to allow a sentence of life imprisonment without parole; previously the Code section allowed only for death, life in prison, or imprisonment for ten to twenty years.
Insurance Managed Healthcare Plans: Require Managed Care Plans And Health Maintenance Organizations To Make Certain Disclosures; Provide A Consumer Choice Option For Access To Out-Of-Network Providers And Hospitals; Prohibit Plans From Using Certain Financial Incentive And Disincentive Programs; Provide Timely Payment By Managed Care Plans; Prohibit Certain Penalties By Such Plans Against Healthcare Providers And Hospitals; Provide For Violations, Keri L. Patterson
Georgia State University Law Review
The Act requires managed care plans and health maintenance organizations to disclose all pertinent information regarding healthcare services or benefits under the plan to consumers. Consumers are also entitled to information regarding limitations on services, potential liability for using out-of-network providers, and financial obligations of the enrollee. Enrollees in a plan will also be given a consumer choice option providing additional access to out-of-network providers. The Act prohibits plans and organizations from compensating a health provider for providing less than medically necessary treatment or punishing a provider for giving appropriate care; the Act also mandates that healthcare providers or hospitals …
Criminal Procedure Bonds And Recognizes: Regulate Bail Bond Recovery Agents, Kevin Thomas Mcmurry
Criminal Procedure Bonds And Recognizes: Regulate Bail Bond Recovery Agents, Kevin Thomas Mcmurry
Georgia State University Law Review
The Act establishes that the surety limit on criminal bonds can be no higher than twelve percent on bonds in the amount of $ 10,000 or less and no higher than fifteen percent on bonds in amounts greater than $ 10,000. Additionally, the Act defines bail recovery agent, establishes prerequisites for those people serving as bail recovery agents, and provides that sheriffs require bondsmen to list all of the bail recovery agents who serve them. Furthermore, the Act establishes minimum notification requirements to sheriffs for bond recovery agents who seek to apprehend or conduct surveillance within the sheriff's jurisdiction and …
Crimes And Offenses Crimes Against The Person: Provide Enhanced Penalties For The Commission Of The Offenses Of Simple Assault, Aggravated Assault, Simple Battery, And Aggravated Battery Against Persons In A Domestic Context; Change The Definition Of The Crime Of Cruelty To Children In The Second Degree; Provide Penalties For Certain Crimes Of Violence Committed In The Presence Of Children; Exclude Corporal Punishment Administered By Parents, Guardians, Or Others Acting In Loco Parentis From The Enhanced Penalties For Simple Assault Or Simple Battery, Roger T. Weitkamp
Georgia State University Law Review
The Act, entitled the Crimes Against Family Members Act of 1999, provides for broader and more severe penalties in cases of violence precipitated by domestic disputes. The Act enhances the penalties that judges may impose for assault and battery committed in a domestic setting. In addition, the Act equates commission of violent acts in the presence of minors with the crime of second-degree cruelty to children.
Courts Prosecuting Attorneys: Give Authority To The District Attorneys In Each Judicial Circuit To Appoint One Additional Assistant District Attorney Who Shall Primarily Prosecute As Directed By The District Attorney Cases Involving Violations Of Article 2 Of Chapter 13 Of Title 16, Known As The "Georgia Controlled Substances Act", Bryan Busch
Georgia State University Law Review
The Act authorizes district attorneys in each judicial circuit to appoint one additional district attorney whose primary responsibility will be the prosecution of violations under the Georgia Controlled Substances Act. The Act calls these newly appointed attorneys special drug prosecutors. These prosecutors will be the same classification, compensation, benefits, and policies as other assistant district attorneys. Each special drug prosecutor will complete an initial training program prescribed by the Prosecuting Attorneys' Council of the State of Georgia within twelve months of their employment and any other in-service training that the council shall prescribe.
State Government Georgia Regional Transportation Authority Act: Provide For A Regional Transportation Authority, Donald Lee Biloa
State Government Georgia Regional Transportation Authority Act: Provide For A Regional Transportation Authority, Donald Lee Biloa
Georgia State University Law Review
The Act creates the Georgia Regional Transportation Authority (GRTA), and gives it significant power over transportation policy in counties that fail to comply with the federal Clean Air Act. The Act enumerates the powers of the authority and describes how the board of directors of the authority should be appointed. It also makes members of the GRTA board of directors members of the Governor's Development Council. Some sections of the Act deal with the removal of members of the GRTA board of directors. Additionally, the Act describes the relationship between GRTA and local governments and the enforcement mechanisms GRTA may …
Courts Juvenile Proceedings, Parental Rights: Provide For Stay Of Certain Proceedings Regarding A Child Who May Be Incompetent; Provide For Competency Hearings And Notice And Procedures Relating To Hearings; Provide For Plan Managers, Competency Plans, And Meetings; Provide For Commitment Of Child To Certain Agencies; Provide For Continuing Jurisdiction Over Children Determined To Be Incompetent, Jennifer Burch Dempsey
Georgia State University Law Review
The Act provides how and when a court can declare a child mentally incompetent at a delinquency or unruly conduct hearing. The Act sets forth procedures for a court to find a child incompetent and to declare any child who is determined to be mentally incompetent dependent on the court. The Act provides a mechanism for the development and implementation of a competency plan for the treatment, habilitation, support, or supervision of any child who the court deems incompetent to participate in an adjudication or disposition hearing.
Local Government Local Government Cable Fair Competition: Require Public Cable Service Providers To Conduct Cost-Benefit Analysis And Hold A Public Hearing Prior To Entering The Cable Service Market; Provide For Cost Accounting And Allocation And Prohibit Cross- Subsidization; Impose Fairness Requirements On Public Providers Regarding Franchise Agreements, Conditions Of Access To Public Property, And Price Or Rate Charged For The Cable Services; Provide For Applicability Of Open Meetings Laws; Subject Local Governments Acting As Cable Service Providers To Antitrust Liability, Michael E. Eisenstadt
Georgia State University Law Review
The Act requires public providers of cable television services to conduct a three-year cost-benefit analysis and hold at least one public hearing before they can deliver cable service in an area. Public providers must prepare and maintain proper records of the full cost accounting of providing their service in the same manner required from a private provider. A public provider may use capital from its general funds to finance its service, provided it allocates these funds in the calculation of its capital cost; it may not cross-subsidize its cable operation by using other funds and resources available to it without …
Commerce And Trade Selling And Other Trade Practices: Provide For Standing, Damages, Burden Of Proof, And Venue; Prohibit Franchisor From Requiring A Dealer To Acquire Or Transfer A Line Of Automobiles; Prohibit Franchisors From Operating, Owning Or Controlling Certain Dealerships; Restrict Franchisor Activity In Relevant Market Area Of Existing Dealerships; Provide For Injunctions Against Prohibited Franchisor Acts; Restrict Ownership, Operation And Control Of Dealerships By Manufacturers And Franchisors; Prohibit Manufacturers And Franchisors From Unfairly Competing With Dealers, Robert C. Townley
Georgia State University Law Review
The Act changes the definitions of dealer and franchise and adds a definition for relevant market area. It provides for the filing of petitions with the Department of Revenue. It provides for standing, damages, burden of proof, and venue in actions under this Article. The Act provides for the change in management or sale or transfer of a dealership. It further allows a franchisor to limit such a change, sale, or transfer. The Act makes it unlawful for a franchisor to require a dealer to acquire or transfer a line of automobiles if the dealer does not agree. It prohibits …
Revenue And Taxation Ad Valorem Taxation Of Property: Authorize Disclosure To Taxpayers Of Additional Information Regarding The Basis Of An Assessment When The Assessed Value Of Real Property Is Increased By Less Than Fifteen Percent, Roger Williams
Georgia State University Law Review
The Act authorizes a county governing authority to provide by ordinance or resolution that notice to the taxpayer may be accompanied by a description of the basis for the new assessment when the assessment of the value of a taxpayer's real property exceeds the returned value of the property by less than fifteen percent. The notice may be required to contain a statement of the availability of all documents reviewed in the assessment process and a list of all comparable properties and other factors considered in establishing the new assessment.
Penal Institutions Prison Litigation Reform: Provide That A Prisoner Filing A Writ Of Habeas Corpus Pay Fees From The Prisoner's Account; Prohibit In Forma Pauperis Filing By Prisoners Who Have Repeatedly Filed Frivolous Or Malicious Claims, Roger S. Williams
Georgia State University Law Review
The Act requires prisoners to pay costs and fees associated with the filing of a petition for writ of habeas corpus from their inmate accounts. The clerk of the court shall notify the superintendent of the institution in which the prisoner is incarcerated that a petition of habeas corpus has been filed. The inmate's account will then be frozen until all court costs and fees have been satisfied. The Act further prohibits prisoners, who have on three or more occasions filed malicious or frivolous actions, from filing an action in forma pauperis in any court of the state unless the …
Motor Vehicles And Traffic Uniform Rules Of The Road: Change Certain Provisions Relating To Homicide Or Serious Injury By Vehicle; Change Certain Provisions Relating To Driving Under The Influence Of Intoxicating Substances; Change Certain Provisions Relating To Court- Ordered Installation Of Ignition Interlock Devices; Change Certain Provisions Relating To Limited Driving Permits For Certain Offenders; Change Certain Provisions Relating To Driving While A License Is Suspended Or Revoked; Change Certain Provisions Relating To Bailable Offenses, Roger T. Weitkamp
Georgia State University Law Review
The Act, known as Heidi's Law, changes several sections of the Georgia Code to impose more severe penalties and restrictions on persons convicted of driving under the influence of intoxicating substances (DUI). The Act increases the minimum and maximum sentences for convictions of homicide or serious injury by vehicle arising from certain types of Code violations. The Act also provides for a period of probation for persons convicted of DUI and sentenced to prison for less than twelve months. Further, the Act prohibits anyone convicted of a second DUI from driving a motor vehicle without an automobile ignition interlocking device …
Civil Practice Civil Practice And Procedure Generally: Change Venue Provisions For Cases Involving Certain Joint Or Joint And Several Defendants Residing In Different Counties; Provide For Transfer Of Cases In Certain Specified Circumstances; Provide For The Burden And Standard Of Proof On Venue Issues; Provide That Certain Pleading Requirements Are Not Altered Or Amended, Tiffany Ellner
Georgia State University Law Review
No abstract provided.