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Articles 1 - 30 of 50
Full-Text Articles in Law
Bush V. Gore - Georgia Lived It Before: Pickrick And The Warren Court, Alfred R. Light
Bush V. Gore - Georgia Lived It Before: Pickrick And The Warren Court, Alfred R. Light
Georgia State University Law Review
No abstract provided.
The Nondelegation Doctrine After Whitman V. American Trucking Associations: Constitutional Precedent Breathes A Sigh Of Relief, Darren Summerville
The Nondelegation Doctrine After Whitman V. American Trucking Associations: Constitutional Precedent Breathes A Sigh Of Relief, Darren Summerville
Georgia State University Law Review
No abstract provided.
Judicial Exploitation Of Mens Rea Confusion, At Common Law And Under The Model Penal Code, Robert Batey
Judicial Exploitation Of Mens Rea Confusion, At Common Law And Under The Model Penal Code, Robert Batey
Georgia State University Law Review
No abstract provided.
Riaa V. Napster: The Struggle To Protect Copyrights In The Internet Age, Russell P. Beets
Riaa V. Napster: The Struggle To Protect Copyrights In The Internet Age, Russell P. Beets
Georgia State University Law Review
No abstract provided.
Twenty Questions (Or The Hardest Course In Law School), Eric J. Segall
Twenty Questions (Or The Hardest Course In Law School), Eric J. Segall
Georgia State University Law Review
No abstract provided.
Chandler V. United States: Does The Defense Attorney Have A Legal Obligation To Present Mitigation Evidence In Eleventh Circuit Death Penalty Cases?, Bill Cristman
Georgia State University Law Review
No abstract provided.
The Federally Supported Health Center Assistance Act: National Malpractice Insurance And How It Works, Don A. Dennis
The Federally Supported Health Center Assistance Act: National Malpractice Insurance And How It Works, Don A. Dennis
Georgia State University Law Review
No abstract provided.
Elections Elections And Primaries Generally: Provide Automatic Disqualification Of Candidates Who Pay A Qualifying Fee With A Dishonored Check; Authorize Secretary Of State To Investigate Election Fraud; Extend Elections In Case Of A State Of Emergency; Change Provisions Relating To Municipal Elections And Municipal Registrars; Change Provisions Relating To Voter's Change Of Address; Provide Absentee Voters Must Use Voter Identification; Change Provisions Relating To Challenges Of Absentee Voter; Eliminate Use Of A Hunting Or Fishing License As Voter Identification; Change Special Election Requirements; Provide Tampering With Voting Equipment Is A Felony; Change Provisions Relating To Recall Elections, Rebecca Barrett
Georgia State University Law Review
The Act orders the superintendent to automatically disqualify a municipal or county candidate whose check for the qualifying fee is dishonored. The Act also authorizes the Secretary of State to investigate election fraud. The Act allows an election to be postponed when the Governor has declared a state of emergency. The Act gives a write-in candidate in a municipal election more time to give notice of his candidacy. The Act eliminates the requirement that municipal registrars must be residents of the county in which they are registrars. The Act requires registrars to forward a voter's change of address to the …
Game And Fish Hunting, Trapping, And Fishing: Make Certain Legislative Findings; Provide That The Department Of Natural Resources Has The Authority And Duty To Encourage Hunting And Fishing; Provide That Hunting And Fishing Is A Right; Provide That No Political Subdivision Of The State Shall Regulate Hunting, Trapping, Or Fishing By Local Ordinance; Provide Exceptions, Jeffrey S. Bazinet
Georgia State University Law Review
The Act makes hunting, trapping, and fishing a right. The Act also holds wildlife in trust by the State for the benefit of Georgia citizens. The Act further prohibits private ownership of wildlife without specific legislative exception. The Act also vests the Georgia Department of Natural Resources with the responsibility and authority to work with sportsmen and conservation groups for the purpose of encouraging participation in hunting and fishing to ensure that the opportunity to hunt and fish exist n perpetuity. The Act specifically provides that its provisions shall not infringe on private property owners' rights. The Act prohibits political …
Insurance Kinds Of Insurance; Limits Of Risks; Reinsurance: Regulate Motor Vehicle Insurance, Coverage, And Proof Thereof, Change Certain Provisions Relating To Uninsured Motorist Coverage; Provide For Applicability And Exceptions; Change Certain Provisions Relating To Proof Of Insurance, Michael P. Johnson
Georgia State University Law Review
The Act requires that vehicle insurance policies be issued with a default amount of uninsured motorist coverage in amounts either equal to their personal coverage or with a minimum of $25,000 for injury or death of one person, $50,000 for injury or death of two or more persons, and $25,000 for property loss. The Act gives insured individuals the option of reducing their uninsured motorist coverage below the default minimum and omits language that allowed the insurer to reject non-written requests to increase coverage above the former statutory minimum. The Act also allows for the coverage agreed to when the …
Professions And Businesses Dentists And Dental Hygienists: Allow Dental Hygienists To Perform Dental Screenings Without Supervision Under Certain Conditions; Provide For Information And Fees, Amy Pressley Mccarthy
Professions And Businesses Dentists And Dental Hygienists: Allow Dental Hygienists To Perform Dental Screenings Without Supervision Under Certain Conditions; Provide For Information And Fees, Amy Pressley Mccarthy
Georgia State University Law Review
The Act authorizes dental hygienists to perform dental screenings without supervision under certain circumstances. The Act also provides that each person who receives a dental screening must be informed in writing of the limitations of a dental screening and advised to seek a more thorough examination by a dentist. Additionally, the Act provides that individual hygienists shall not charge fees for such screenings.
Health Nursing Homes: Provide Conditions Under Which Certain Monetary Penalties May Be Imposed Against Nursing Facilities, Nursing Homes, Or Intermediate Care Homes; Provide For The Suspension Of Civil Monetary Penalties Against Such Facilities Under Certain Conditions; Provide That Under Certain Conditions Civil Monetary Penalties Imposed Shall Relate Back To The Date On Which Such Penalties Were Suspended; Provide That Nothing In The Act Should Be Construed To Require The State Survey Agency To Act In Violation Of Applicable Federal Law, Regulations, And Guidelines, Anne-Marie Motto
Georgia State University Law Review
The Act prohibits the Department of Human Resources (DHR) from fining or restricting the licensing of any nursing facility, nursing home, or intermediate care unit, for any act or omission for which that facility has already received an intermediate sanction or notice of intent to sanction. The Act further provides that if a monetary penalty is assessed, the DHR must resurvey the facility with forty-eight hours or the accrual of all monetary penalties will be suspended until the resurvey is completed. If, however, upon resurvey, the facility is still found to be non-compliant, the monetary penalties will relate back to …
Education Georgia Public Telecommunications Commission Act: Change Provisions Relating To The Establishment Of The Georgia Public Telecommunications Commission; Change The Composition Of The Georgia Public Telecommunications Commission; Provide For Related Matters, Bill Cristman
Georgia State University Law Review
The Act changes the composition of the Georgia Public Telecommunications Commission, which was formerly composed of six members appointed by the Governor and three ex officio members. The ex officio members were the State School Superintendent, the Chancellor of the University System, and the Commissioner of Technical and Adult Education. The Act removes the three ex officio members and mandates that the Governor shall appoint all nine members of the Commission. The terms of office of the three new members appointed under the Act will begin on July 1, 2001, and expire on June 30, 2002. From that point forward, …
Property Homestead And Exemptions: Change The Provisions Relating To Exemptions For Purposes Of Bankruptcy And Intestate Insolvent Estates; Change The Amounts Of Certain Exemptions; Provide For Calculation Of The Amounts Of Certain Exemptions And The Standards, Practices, And Procedures Connected Therewith; Provide For The Duties Of The Administrator Of The Governor's Office Of Consumer Affairs, John Dyer
Georgia State University Law Review
This Act raises the amount of exemptible value that bankrupt debtors will be able to insulate from unsecured creditor claims. The Act raises these amounts in multiple specific categories. The Act raises the exemptible amount of a debtor's interest in their primary residence from $5000 to $10,000. The Act also provides that in situations where the title to the property used for this homestead exemption is held in the name of only one of two spouses, the exemption amount shall be $20,000, thereby guaranteeing that each spouse will be able to use their $10,000 homestead exemption. The Act raises the …
Agriculture Pick-Your-Own-Agricultural Products: Provide Limited Liability For Owners And Operators Of Farms Specializing In Pick-Your Own Agricultural Products Under Certain Circumstances; Provide For Legislative Findings; Provide For Definitions; Provide For Warnings And Notices; Provide For An Effective Date, Misty M. Speake
Georgia State University Law Review
The Act limits the liability of farmers who allow the public to enter their land in order to pick produce directly from the fields. Farmers will no longer be liable for injuries resulting from inherit risks. However, farmers will continue to be liable for undisclosed latent conditions, willful or wanton disregard for safety and intentional injuries. While the Act requires that farmers provide notice to consumers of the limited liability through signs or in written contracts, failure to notify does not disqualify the farmer from claiming limited liability.
Game And Fish Bill Fish And Tarpon: Change The Minimum Size Allowable For Possession Of Tarpon; Prohibit The Taking Of Atlantic Bill Fish Except For Catch And Release Programs, Russell P. Beets
Georgia State University Law Review
The Act repeals the framework for setting season, creel, and size ranges for sailfish, blue marlin, and white marlin. The Act increases the minimum size range for tarpon from 20-40 inches to 65-90 inches. Furthermore, the Act defines Atlantic billfish to track the definition used in federal regulations and prohibits the harvest or possession of Atlantic billfish in state waters, allowing only for catch and release.
Torts Negligent Or Improper Administration Of A Polygraph Examination: Delete The Provisions Relating To Administration Of The Polygraph In Conformity With The Provisions Of Former Chapter 36 Of Title 43 Of The Official Code Of Georgia Annotated, Tiffani Z. Moody
Georgia State University Law Review
The Act deletes certain provisions so as to eliminate a cause of action for persons claiming damages resulting from a polygraph examiner not being properly licensed. The licensing board was repealed in 1994, and therefore polygraph examiners are no longer even able to obtain the license that was formerly required.
Local Government Authority To Enter Contracts: Provide For Additional Authority With Respect To Entering Into Certain Contracts Of One Year Or Less; Provide For An Exception, Trishanda L. Hinton
Local Government Authority To Enter Contracts: Provide For Additional Authority With Respect To Entering Into Certain Contracts Of One Year Or Less; Provide For An Exception, Trishanda L. Hinton
Georgia State University Law Review
This Act allows counties and municipal corporations to contract with federal income tax exempt, private, nonprofit organizations which fall under section 501(c)(3) of the Internal Revenue Code. These nonprofit organizations include chambers of commerce. The Act also provides an exception for any county funds collected under the hotel-motel tax, unless that county meets an additional exception.
Education Elementary And Secondary Education: Require Secondary Public Schools To Notify Students Who Are Eligible Of Their Right To Register To Vote And To Offer Such Students The Opportunity To Register To Vote At The School During The Month Of April Of Each Year, Amy Pressley Mccarthy
Georgia State University Law Review
The Act requires secondary public schools to notify eligible students of their right to register to vote and to offer such students the opportunity to register to vote at school during the month of April of each year.
Motor Vehicles And Traffic Trucks On Multi-Lane Highways: Change Certain Provisions Relating To Trucks Using Multi-Lane Highways To Allow The Department Of Transportation To Designate Usage Lanes, Nikole M. Crow
Georgia State University Law Review
The Act changes the Georgia Code relating to driving on the right side of roadways, overtaking and passing, and following too closely. The Act changes certain provisions relating to trucks using multi-lane highways. The Act also authorizes the Department of Transportation to designate certain usage lanes for trucks traveling on multi-lane highways.
Property General Provisions: Provide Protection For Failing To Disclose Certain Information During A Real Estate Transaction, Stephanie A. Everett
Property General Provisions: Provide Protection For Failing To Disclose Certain Information During A Real Estate Transaction, Stephanie A. Everett
Georgia State University Law Review
The Act protects brokers and licensees of brokers who fail to disclose that a property was occupied by a person with a virus or disease that is unlikely to be transmitted through occupancy of the dwelling place, or that the property was the site of a homicide, felony, suicide, or accidental death. The act prohibits a cause of action against any broker or licensee of the broker for failure to reveal this information absent a finding of fraud.
Crimes And Offenses Sexual Offenses: Forfeiture Of Motor Vehicles, Proceeds And Money Used To Facilitate Child Prostitution; Offenses Against Public Administration: Change Penalties For Escape; Criminal Procedure: Sentencing; Penal Institutions: Probation; Revocation, Teresa Byokawski
Georgia State University Law Review
The Act, entitled the 2001 Crime Prevention Act, amends several sections of the Georgia Code relating to crimes, including changing the penalties for escape. The Act provides for forfeiture of motor vehicles, money and proceeds that facilitate sexual offenses. The Act also changes the authority of trial judges over sentencing and probation, as well as the penalties relating thereto.
Game And Fish Shellfish: Change The Minimum Size Of Shellfish Which May Be Taken For Commercial Or Noncommercial Purposes, Amy Haywood
Georgia State University Law Review
The Act, relating to the minimum size of shellfish which may be taken for commercial or recreational purposes, reduces the depth of a clam's shell which may be harvested from one inch to three-quarters of an inch thickness.
Crimes And Offenses Defenses To Criminal Prosecution: Change Provisions Relating To The Use Of Force In The Defense Of Habitations Or Residences; Provide For Related Matters, Derek E. Empie
Georgia State University Law Review
The Act changes the Georgia Code in regard to the justification a person must have in defending his or her home with force that is likely to cause death or great bodily harm. The Act adds to the Georgia Code that a person is justified in use of such force when it is asserted against a person who is not a member of the defender's family or household, that person unlawfully and forcibly enters or has entered the residence, and the defender knew or had reason to believe that an unlawful and forcible entry occurred.
Commerce And Trade Electronic Signatures And Records: Permit The Use Of Electronic Signatures And Records Even When A Statute, Regulation, Or Other Rule Of Law Specifies A Non-Electronic Type Of Signature Or Record, Gregory Todd Jones
Georgia State University Law Review
The Act attempts to prevent the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C.S. sections 7001, et seq., and 47 U.S.C.S. section 231) from preempting state law by expressing legislative findings and intent that previous Georgia digital signature legislation was consistent with federal law. Additionally, the Act allows all departments in the Georgia state government to use their best judgment in providing for the efficiencies that result from the use of electronic signature equivalents without having to affirmatively change thousands of specific references in the code to non-electronic signatures or records.
Health Regulation Of County And Municipal Hospital Authorities: Extend To Certain Nonprofit Corporations Operating Certain Medical Facilities And Exemption From Open Records And Open Meetings Requirements, Janice T. Hellmann
Georgia State University Law Review
The Act provides for Georgia nonprofit corporations, operating hospitals or other medical facilities for the benefit of a Georgia governmental entity (e.g., Medical College of Georgia (MCG) Health Inc.), to benefit from the same exemptions from open records and open meetings requirements that county and municipal hospital authorities have enjoyed since 1989. Specifically, the Act would exempt MCG from the disclosure of any data which could give other hospital authorities a competitive advantage.
Professions And Businesses Architects: Change Certain Provisions Relating To Which Structures Do Not Require The Seal Of A Registered Architect; Provide That Nothing Shall Be Construed To Mean That Construction Contract Administration Services Are Required To Be Performed Exclusively By Architects; Change The Provisions Relating To Architect Seals And Documents Required To Be Sealed, Janice T. Hellmann
Georgia State University Law Review
The Act provides for a clearer standard for determining when the services of an architect are required by law. Specifically, the Act provides that the seal of an architect is not required for single story buildings less than 5000 square feet in area. The Act also exempts single story pre-engineered buildings from requiring an architect's seal, provide that they are not assembly occupancies, education occupancies, health care occupancies, correctional or detention facilities, hotels, dormitories or lodging facilities, multifamily housing or apartment complexes, care facilities, or facilities that are classified as high hazard. Further, when the drawings and specifications for nonload-bearing …
Professions And Businesses Fair Health Care Billing: Provide For Legislative Findings And Intent; Provide For Standards Of Certain Health Benefit Plan Contracts And Provide For Obligations And Fees Thereunder; Prohibit Certain Collections And Legal Actions; Provide For Applicability; Require Information Regarding Laboratory Tests And Provide For Implementation And Immunity Relating Thereto, Jeffrey S. Bazinet
Georgia State University Law Review
The Act provides that all contracts between physicians and insurers offering managed care plans must be in writing and that neither insurers nor patients shall be liable for any medical fees which exceed contracted-for amounts The Act further provides that physicians may not collect or attempt to collect fees for which an insurer or a patient are not liable. The Act also gives the Composite State Board of Medical Examiners the authority to discipline a physician who fails to timely inform a patient that the physician has received the patient's laboratory results.
Revenue And Taxation Ad Valorem Taxation Of Property: Provide For A Technical Correction And Clarify Certain Provisions With Respect To An Ad Valorem Tax Exemption For Certain Farm Equipment Owned And Used By Family Owned Qualified Farm Products Producers, John Dyer
Georgia State University Law Review
The Act provides a technical correction to the Code. The Act changes the wording of the ad valorem taxation exemption provision pertaining to farm equipment. The Act clarifies that qualified farm product producers may exempt each owned piece of equipment which fits into a category of equipment mentioned in the Code. The Act also places a restriction on parties that may take advantage of the exemption; the Act specifies that only qualified farm products producers can take advantage of the exemption.
Professions And Businesses Physicians, Physician's Assistants, And Respiratory Care: Enact Patient Right To Know Act; Provide For Creation, Contents, And Dissemination Of Physician Profiles; Provide For Right To File Grievance Against Medical Provider; Require Board To Investigate Every Grievance Filed; Establish Right Of Patient To Inquire About Cost Of Treatment Prior To Receiving Such Treatment, Josh Marks
Georgia State University Law Review
The Act changes confidentiality provisions concerning investigations of and disciplinary actions against doctors. By adding a new chapter to the Georgia Code, the Act enacts the Patients Right to Know Act, which creates a physician profiling system. The profiles contain background information about doctors including education, number of years in practice, any felony convictions, malpractice judgments, and revocation of hospital privileges. The Act also allows patients to find out the cost of medical treatments. Finally, the Act provides that patients can file grievances against doctors for treatment received.