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Articles 1 - 30 of 58
Full-Text Articles in Law
Rush Prudential Hmo V. Moran: Federal Intervention Looms As Supreme Court Rules That Erisa Does Not Preempt State Laws Requiring Independent Review Of Medical Necessity Decisions And Lays Groundwork For Different Independent Review Provisions From All Fifty States, Lindsey G. Churchill
Georgia State University Law Review
No abstract provided.
The European Commission's Extraterritorial Jurisdiction Over Corporate Mergers, David J. Feeney
The European Commission's Extraterritorial Jurisdiction Over Corporate Mergers, David J. Feeney
Georgia State University Law Review
This article examines the concept and application of the European Merger Regulation as it applies to mergers, acquisitions, and joint ventures external to the European Union (the Union) and the European Economic Area (EEA). More specifically, the article . traces the development of the Merger Regulation and how its application developed into the legal vehicle for the European Commission (the Commission) to administer its authority over the clearance or prohibition of mergers beyond its territorial frontier. Part I addresses the historical concept of extraterritorial jurisdiction under the Merger Regulation. It considers the European Court of Justice's approach to extraterritorial jurisdiction …
Public Opinion And The Demise Of Affirmative Action, Stephen A. Plass
Public Opinion And The Demise Of Affirmative Action, Stephen A. Plass
Georgia State University Law Review
No abstract provided.
Unconscionable Lawyers, Paul D. Carrington
Unconscionable Lawyers, Paul D. Carrington
Georgia State University Law Review
No abstract provided.
Regulating Federal Prosecutors: Why Mcdade Should Be Repealed, Paula J. Casey
Regulating Federal Prosecutors: Why Mcdade Should Be Repealed, Paula J. Casey
Georgia State University Law Review
No abstract provided.
Restraining U.S. Violations Of International Law: An Attempt To Curtail Stun Belt Use And Manufacture In The United States Under The United Nations Convention Against Torture, Plamen Russev
Georgia State University Law Review
No abstract provided.
Courts Proceedings, Incompetency And Dependency: Authorize The Photographing Of Children Who Have Absconded And Subsequently Returned To The Custody Of The Department Of Juvenile Justice, Barbara S. Murphy
Georgia State University Law Review
The Act authorizes the photographing of every child who has absconded and subsequently returned to the custody of the Department of Juvenile Justice.
Domestic Relations Safe Place For Newborns: Provide For Voluntary Relinquishment Of A Newborn Under Certain Circumstances; Provide That A Mother Who Leaves A Newborn Child In The Custody Of A Medical Facility Shall Not Be Prosecuted; Provide For Duties Of Medical Facilities Accepting A Newborn Child And The Department Of Human Resources; Repeal Conflicting Laws, Jay Bressler
Georgia State University Law Review
The Act prohibits the prosecution of a mother who leaves a newborn child in the custody of a medical facility under specified circumstances. The Act also mandates that the newborn be no older than one week and that the mother give the medical facility proof of her identity and address, if available. The Act further provides that medical facilities will be reimbursed for certain costs as a result of taking custody of newborns and also provides for civil and criminal immunity for these medical facilities and their employees.
Insurance Insurance Generally: Requires Coverage For Colorectal Cancer Screening In Health Benefit Policies, Alan R. Godfrey
Insurance Insurance Generally: Requires Coverage For Colorectal Cancer Screening In Health Benefit Policies, Alan R. Godfrey
Georgia State University Law Review
The Act adds new Code section 33-2456.3. The Act requires most health benefit insurance policies to provide coverage for colorectal cancer screening. The Act further provides definitions to specify the health benefit policies affected and to identify the guidelines for the types of treatment to be covered by those health benefit policies.
Penal Institutions Pardons And Paroles: Provide For Enactment Of The Interstate Compact For Adult Offender Supervision; Provide For Implementation Of Such Compact; Create The Georgia State Council For Interstate Adult Offender Supervision; Provide For A Compact Administrator, David Walker
Georgia State University Law Review
The Act makes Georgia a participant in The Interstate Compact for Adult Offender Supervision and a member of the Interstate Commission for Adult Offender Supervision. The Act provides for the creation of a State Council for Adult Offender Supervision to oversee Georgia's participation in the Commission. The Act empowers the Commission to promulgate rules which will have the force and effect of statutory law in Georgia. The Act further authorizes the Commission to enforce the provisions of the Compact and the rules promulgated thereunder by lawsuit, fines, and other means. The Act provides for indemnification, immunity, and legal representation for …
Wills Disinterment And Dna Testing: Providing For Court Orders For Disinterment And Dna Testing In Certain Cases Where The Kinship Of Any Party In Interest To A Decedent Is In Controversy, Gregory Todd Jones
Georgia State University Law Review
The Act attempts to clear up confusion and prevent delay in the settlement of estates that had been caused by the lack of provisions in the civil law for an order to disinter for the purposes of DNA testing. The Act explicitly grants this power to Georgia's superior courts upon motion for good cause supported by specifically enumerated affidavits. Additionally, the Act provides for the dissemination of reports of findings resulting from the DNA testing and provides that the costs of testing and the provision of reports shall be borne by the moving party.
Domestic Relations Family Violence Intervention; Offender Rehabilitation; Dhr Program Certification; Parole Conditions, Jacqueline Knapp
Domestic Relations Family Violence Intervention; Offender Rehabilitation; Dhr Program Certification; Parole Conditions, Jacqueline Knapp
Georgia State University Law Review
The Act requires the perpetrator of family violence to undergo a certified family violence intervention program. These programs are charged a fee to be considered by the Department of Corrections for certification under the Act. Once approved, these programs may not solicit business and must agree in writing to satisfy the Act's requirements. The Department of Corrections retains the authority to deny, suspend, or revoke a certificate for any program not complying with the Act's requirements. The Act creates the State Commission on Family Violence to develop a comprehensive plan to end family violence.
Criminal Procedure Limitations On Prosecution: Enable Prosecution For Serious Violent Felonies To Be Commenced At Any Time Under Certain Circumstances; Provide For An Increase In The Statute Of Limitations For Aggravated Sodomy; Provide For Increase In Age Limitation On Prosecutions Of Certain Crimes Involving Children Who Are Victims Be Increased To Age Eighteen, John Hamrick
Georgia State University Law Review
The Act provides that prosecution for serious violent offenses may be commenced at any time under certain circumstances. The Act removes the statute of limitation for the prosecution of Armed Robbery, Kidnapping, Rape, Aggravated Child Molestation, Aggravated Sodomy, and Aggravated Sexual Battery when DNA evidence is available to determine the identity of the accused and a sufficient portion of such DNA evidence is available for the accused to test. The Act also provides that the age limitation on prosecutions of certain crimes involving children who are victims be increased to age eighteen.
Health General Provisions: Breast-Feeding Of Babies In Public Places, Natalee Drummond
Health General Provisions: Breast-Feeding Of Babies In Public Places, Natalee Drummond
Georgia State University Law Review
This Act strikes the requirement for mothers to be discreet and modest while breast-feeding in public. Mothers may now breast-feed their babies in any location where the mother and baby are authorized to be, without regard to the vague and undefined moderate and discreet standard.
Social Services Programs And Protection For Children: Allows Certain Child-Placing Agencies To Access Child Abuse Records, Alan R. Godfrey
Social Services Programs And Protection For Children: Allows Certain Child-Placing Agencies To Access Child Abuse Records, Alan R. Godfrey
Georgia State University Law Review
The Act allows licensed child placement agencies and child-caring institutions that are assisting the Department of Human Resources in providing foster homes or adoptive homes for children to have access to records of child abuse. Court appointed investigators of adoption petitions are also allowed access to child abuse records.
Motor Vehicles And Traffic Abandoned Motor Vehicles: Change Certain Provisions Relating To Definitions; Change Certain Provisions Relating To Lien Foreclosure Procedure; Change Certain Provisions Relating To Duty Of Person Removing Or Storing Motor Vehicle; Provide Provision Relating To The Towing Or Immobilization Of Motor Vehicles In Paid Private Parking Facilities Located Within Five-Hundred Feet Of An Establishment Which Sells Alcohol For Consumption On The Premises, Amy E. Sullivan
Georgia State University Law Review
The Act simplifies and clarifies certain provisions relating to the definition of abandoned motor vehicle. The Act changes certain provisions relating to the duty of persons removing or storing abandoned motor vehicles. The Act adds a new section, which provides that the owner of a paid private parking lot or paid private parking facility located within five-hundred feet of a drinking establishment, which sells alcohol to be consumed on the premises, may not tow or immobilize or cause to be towed or immobilized a vehicle left on the lot between midnight and noon. Additionally, the new section allows the owner …
Crimes And Offenses Criminal Attempt, Conspiracy, And Solicitation: Enact "Georgia's Homeland Defense Act;" Define, Prohibit, And Punish The Activity Of Domestic Terrorism; Provide That The Commission Of Murder In The Course Of Domestic Terrorism Be An Aggravating Circumstance For The Purpose Of Applying The Death Penalty; Provide That Domestic Terrorism Activity Shall Be Subject To The "Georgia Rico (Racketeer Influenced And Corrupt Organizations) Act", Barbara S. Murphy
Georgia State University Law Review
The Act defines the crime of domestic terrorism, includes it under crimes covered by Georgia's RICO Act, and provides for the maximum punishment for the crime. Finally, the Act provides that murder committed in the course of domestic terrorism will be considered an aggravating circumstance for the purpose of applying the death penalty.
Elections Elections And Primaries Generally; Provide For Composition Of The Thirteen Congressional Districts; Provide For Continuation Of Present Districts Until A Certain Time; Provide When Members Will Take Office; Redesignate Certain Provisions; Define Certain Election Terms; Make Certain Provisions Relative To Certain Boards And Bodies; Change A Cross-Reference, Brian Nichols
Georgia State University Law Review
The Act provides for the composition of Georgia's thirteen congressional districts. It also defines the terms tract and BG (Block Group) consistent with the 2000 Census. Further, the Act provides that any part of the State of Georgia that is not assigned to a congressional district, or any part of Georgia assigned to a congressional district to which it is not contiguous, shall be assigned to the least populous and congruous congressional district. Finally, current members of the United States House of Representatives shall retain their office until January 2003, when the first members elected pursuant to this Act shall …
Motor Vehicles And Traffic Drivers' Licenses: Amend Provisions Relating To Motor Vehicles And Traffic So As To Change Certain Provisions Relating To Applications And Fees For Drivers' Licenses; Change Certain Provisions Relating To License Requirement, Surrender Of Prior Licenses, And Prohibition Of Local Licenses; Change Certain Provisions Relating To Expiration And Renewal Of Licenses And Reexamination Requirement; Provide Effective Date; Repeal Conflicting Law, Brooke N. Silverthorn
Georgia State University Law Review
The Act provides for the renewal of drivers' licenses by means other than personal appearance, such as by mail or electronically.
Crimes And Offenses Forgery And Fraudulent Practices: Create Provisions Prohibiting Certain Air Bag Installation Practices, Buddy Toliver
Crimes And Offenses Forgery And Fraudulent Practices: Create Provisions Prohibiting Certain Air Bag Installation Practices, Buddy Toliver
Georgia State University Law Review
The Act makes the installation or reinstallation of any object in lieu of a vehicle airbag, a high and aggravated misdemeanor.
Public Utilities And Public Transportation Distribution, Storage, And Sale Of Gas: Allow 90 Days For Commission Orders After A Hearing Regarding Electric Fuel Cost Recovery Or Adoption Or Amendment Of Natural Gas Capacity Supply Plans; Authorize The Public Service Commission To Seek An Injunction Against The Violation Of Any Law Administered By The Commission; Change Accounting Procedures For Gas Utility Rate Proceedings; Clarify The Authority Of The Commission To Initiate Proceedings To Detennine Certain Rates; Provide A Bill Of Rights For Consumers; Provide For A Continuing Requirement Of Financial And Technical Ability For Marketers; Prohibit Certain Methods Relating To Billing And Reading Meters; Provide That Emc Gas Affiliates Are Eligible To Receive Certificates Of Authority As Marketers; Provide For Terms And Conditions Governing The Relationship Between An Electric Membership Corporation And Its Emc Gas Affiliate; Provide For A Reasonable Method Of Rate Design; Provide That A Fee For Distribution Services Shall Not Be Required For Certain Billing Periods; Change A Provision Relating To An Electing Distribution Company's Revenues From Interruptible Distribution Service And Authorize A Surcharge On Certain Customers Receiving Interruptible Service; Require A Hearing Relating To Assignment Of Interstate Capacity Assets; Set Out Minimum Requirements For Assignment Of Interstate Capacity Assets And Provide For Authorizing Utilization Of Excess Interstate Capacity Assets By An Electing Distribution Company; Authorize The Commission To Allocate The Cost Of Lost And Unaccounted For Gas; Clarify And Change Provisions Relating To Changing Marketers; Change A Provision Relating To The Amount Of Deposits Charged To Natural Gas Consumers; Require An Electing Distribution Company To Cooperate With Certificated Marketers And The Regulated Provider; Provide For Service Quality Standards For Electing Distribution Companies, Commission Review Of Performance With Regard To Such Standards, And Penalties; Set Rules Governing Marketers' Terms Of Service, Disclosure By Marketers, The Contents Of Consumer Bills, And Review For Compliance With Such Rules; Create Remedies For Consumers Detained To Be Victims Of Slamming; Prohibit Estimated Bills, Unreasonable Late Fees, And Retroactive Rate Increases; Set Minimum Standards For Terms And Conditions For Certain Nonresidential Customers And Small Businesses; Assist Low Income Residential Consumers With Voluntary Contributions; Create The Natural Gas Consumer Education Advisory Board And Provide For The Duty, Members, Officers, Appointment Of Members, And Expenses Of Members Of Such Board; Provide For The Terms, Conditions, Rates, And Customers For Regulated Gas Services; Allow Reimbursements From The Universal Service Fund In Certain Circumstances, Buddy Toliver, Jodie White
Georgia State University Law Review
The Act increases the time period for the Public Service Commission (PSC) to issue orders regarding electric fuel cost recovery or natural gas capacity plans, authorizes the Commission to seek an injunction, clarifies the Commission's authority to initiate certain rate proceedings, and changes accounting procedures for gas utility rate proceedings. The Act also provides for a Consumers' Bill of Rights. The Act changes certain provisions relating to billing, reading meters, deposits, and changing marketers. The Act also prohibits charging distribution fees when a consumer's gas service is turned off. The Act provides remedies for slamming and prohibits estimated bills, unreasonable …
Crimes And Offenses Offenses Against Public Health And Morals: Prohibit As Gambling Devices Certain Video Poker Games And Devices; Provide That Certificates Or Evidence Of Winning Other Games And Devices Must Be Redeemable On Premises Where Such Game Or Device Is Located; Define Crimes And Penalties; Provide Examples Of Bona Fide Coin Operated Amusement Machines, Cheralynn M. Gregoire
Georgia State University Law Review
The Act bans video gambling in Georgia by providing that video gambling machines are prohibited gambling devices. The Act also provides examples of bona fide coinoperated amusement machines. The Act also limits the types and amount of prizes that may be awarded for the play of bona fide coin operated amusement machines and mandates that such prizes be awarded on the premises where the device is located.
Insurance Insurance Generally: Prohibit Discriminatory Practices; Require Notification Of Cancellation, Nonrenewal, Or Other Termination Of Insurance To Certain Persons; Provide Standards And Procedures For Verification Of Benefits And Precertifications Relating To Managed Health Benefit Plans; Provide For Liability And Personnel; Include Certain Practices Among Unfair Insurance Practices; Provide For Remedies For Violations, Cheralynn M. Gregoire
Georgia State University Law Review
The Act, titled the Consumers Health Insurance Protection Act, provides that insurers must follow certain procedures when precertifying or verifying enrollee benefits. The Act requires insurers to provide continuity of care to certain individuals in the event they, or a physician, cancels a physician's contract. The Act also makes discrimination based on color, race, religion, and ethnic or national origin in the insurance industry generally an unfair practice. The Act requires insurers to notify enrollees of plan termination, cancellation, or nonrenewal, and of any resulting conversion or continuation rights.
Insurance Kinds Of Insurance; Limits Of Risks: Mandate Limited Waiver Of Sovereign Immunity For Local Governments For Losses Caused By Negligent Use Of A Motor Vehicle; Allow Continued Immunity For Liabilities In Excess Of Statutory Thresholds; Require Waiver Of Immunity For Amounts Insured By Local Governments Beyond Statutory Thresholds, David Walker
Georgia State University Law Review
The Act limits the sovereign immunity of local governments for injuries arising from the negligent use of a motor vehicle. The Act provides that, for accidents occurring between January I, 2005 and December 31 2006, the waiver will be $100,000 per accident for claims involving personal injury or death to anyone person, with an aggregate waiver of $300,000 per accident for claims made by two or more people. The Act also waives immunity up to $50,000 per occurrence for injuries or destruction of property occurring after January 1, 2005. The Act provides a schedule for increasing waiver amounts to $250,000/$450,000 …
Death Penalty Notification Death Penalty Cases; Appeals; General Assembly Notify Victim's Family, Jacqueline Knapp
Death Penalty Notification Death Penalty Cases; Appeals; General Assembly Notify Victim's Family, Jacqueline Knapp
Georgia State University Law Review
The Act requires the attorney general in a case in which the accused is convicted of a capital offense to notify the victim's family at least twice per year regarding legal proceedings in connection with the conviction upon request by the victim's family.
Domestic Relations Determination Of Paternity: To Provide For A Motion To Set Aside A Determination Of Paternity Based On Newly Discovered Evidence Regarding Paternity Of A Child; To Provide Requirements For Filing Such A Motion; To Provide That The Motion Shall Be Granted If Genetic Testing Conclusively Shows That The Alleged Father Is Not The Biological Father And Certain Other Conditions Are Met; To Provide That The Motion Shall Not Be Denied Because Of Occurrence Of Certain Prior Acts Unless Father Acted With Knowledge That He Was Not The Biological Father; To Provide For Additional Testing, Jay Bressler
Georgia State University Law Review
The Act provides that a motion may be made to set aside a judgment requiring a male to pay child support following newly discovered DNA evidence conclusively demonstrating that the male is not the biological father. In order for the court to grant such relief, the Act requires an affidavit by the male stating that (1) the evidence has come to his attention since the judgment's entry and, (2) the male has not adopted the child. However, if the moving party fails to meet the requirements. as set forth in the Act, a judge may grant the motion or enter …
Crimes And Offenses Relating To Forfeiture Of Certain Contraband Property; Change Provisions Relating To Exemptions; Change Certain Provisions Relating To Forfeiture Of Certain Contraband Property Relative To Controlled Substances; To Provide For Specific Repeal Of Certain Related Provisions, Jodie White
Georgia State University Law Review
The Act provides for the forfeiture of certain contraband property and changing provisions relating to exemptions to the forfeiture provisions, and to change provisions relating to forfeiture of certain contraband property relative to controlled substances, and to provide for the repeal of certain related provisions.
Revenue And Taxation Provide For A Definition Of And Clarify Licensing Requirements For Low-Speed Vehicles; Provide For Applicability Of Certain Provisions And Requirements With Respect To Low-Speed Vehicles; Revenue And Taxation Income Taxes: Change Provisions Regarding Income Tax Credits For Low And Zero Emission Vehicles Which Are Also Low-Speed Vehicles; Provide For Additional Procedures, Conditions, And Limitations With Respect To Such Credit, Laurel David
Georgia State University Law Review
The Act provides for income tax credits to individuals and corporations who purchased and placed in service a low emission or zero emission vehicle, which is also a low-speed vehicle, during the taxable year ending December 31, 2001. Low-speed vehicles placed in service after that date will not be eligible for a low emission or zero emission vehicle income tax credit. The Act defines a low-speed vehicle as any motor vehicle with four wheels whose top speed is between twenty and twenty-five miles per hour. The Act provides that such vehicles shall not be subject to licensing requirements or certificate …
Conservation And Natural Resources; Waste Management To Reauthorize The Hazardous Sites Remediation Act Fund And Raise Fees On Solid Waste Disposal; To Authorize The Department Of Human Resources To Regulate Land Disposal Sites For Septic Waste; To Change The Criteria For Property Qualifying For A Limitation Of Liability To Site Contamination; To Provide For Liability For Clean-Up Actions Notwithstanding That The Identity Of The Responsible Person Is Unknown Prior To The Commencement Of An Emergency Clean-Up Action; To Limit The Liability Of New Purchasers Of Brownfields For The Remediation Subsurface Water, Laurel A. David
Georgia State University Law Review
The Act amends the Hazardous Sites Remediation Act Fund and raises the fees for waste disposal from 50 cents per ton to 65 cents per ton in 2003 and again to 75 cents per ton in 2008 until 2013. The Act authorizes the Department of Human Resources to regulate land disposal sites for septic waste. The Act permits federal agencies such as the Department of Defense to pay solid waste and hazardous substance reporting fees. Additionally, the Act includes a .provision returning fifty percent of the solid waste handling fees to local governments to be used for the cleanup of …
Crimes And Offenses Amend Provisions Relating To Identity Fraud And The Collection And Dissemination Of Personal Identifying And Financial Information; Change Provisions Relating To Definitions, Financial Identity Fraud, And Racketeer Influenced And Corrupt Organizations; Change Provisions Relating To Law Enforcement Officers And Data Collection For Identity Fraud Cases; Change Provisions Relating To Motor Vehicles And Traffic Regarding Penalties For Identity Fraud; Establish Guidelines For Proper Discarding And Disposal Of Certain Business Documents Containing Personal Information, Lawrence Dietrich
Georgia State University Law Review
Georgia Code as they relate to identity fraud and the collection and dissemination of personal identifying and financial information so as to protect such information from being utilized in an unlawful manner. The Act amends the Georgia Code so as to change provisions relating to definitions, financial identity fraud, and racketeer influenced and corrupt organizations, and changes provisions relating to data collection for law enforcement officers for identity fraud cases. The Act also establishes guidelines for proper discarding and disposal of certain business documents containing personal information and provides for civil liability and criminal penalties.