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Full-Text Articles in Law

Hoffman Plastic Compounds V. Nlrb: An Invitation To Exploit, Andrew Lewinter Dec 2003

Hoffman Plastic Compounds V. Nlrb: An Invitation To Exploit, Andrew Lewinter

Georgia State University Law Review

No abstract provided.


Executing Juvenile Offenders: A Reexamination Of Stanford V. Kentucky In Light Of Atkins V. Virginia, Bryan Graff Dec 2003

Executing Juvenile Offenders: A Reexamination Of Stanford V. Kentucky In Light Of Atkins V. Virginia, Bryan Graff

Georgia State University Law Review

No abstract provided.


Which Stream To Follow: Why The Eleventh Circuit Should Adopt A Broader Stream Of Commerce Theory In Light Of Growing E-Commerce Markets, Christopher Porterfield Dec 2003

Which Stream To Follow: Why The Eleventh Circuit Should Adopt A Broader Stream Of Commerce Theory In Light Of Growing E-Commerce Markets, Christopher Porterfield

Georgia State University Law Review

No abstract provided.


The Gambler Breaks Even: Legal Malpractice In Complicated Estate Planning Cases, Martin Begleiter Dec 2003

The Gambler Breaks Even: Legal Malpractice In Complicated Estate Planning Cases, Martin Begleiter

Georgia State University Law Review

No abstract provided.


Vectoral Federalism, Scott Dodson Dec 2003

Vectoral Federalism, Scott Dodson

Georgia State University Law Review

No abstract provided.


Beyond Workers' Compensation: Workplace Comparative Fault And Third-Party Claims, William Dreier Dec 2003

Beyond Workers' Compensation: Workplace Comparative Fault And Third-Party Claims, William Dreier

Georgia State University Law Review

No abstract provided.


Professions And Businesses Professional Counselors, Social Workers, And Marriage And Family Therapists: Exempt Licensing Requirements For Disaster Relief Services, Shayne Clinton Sep 2003

Professions And Businesses Professional Counselors, Social Workers, And Marriage And Family Therapists: Exempt Licensing Requirements For Disaster Relief Services, Shayne Clinton

Georgia State University Law Review

The Act allows therapists, counselors, and social workers to provide their services during disasters or states of emergency without satisfying Georgia's licensing requirements. The exemption only covers workers that do not charge the recipients for disaster relief services and that are in the disaster area for a maximum of 30 days.


Rethinking The Licensing Of New Attorneys - An Exploration Of Alternatives To The Bar Exam: Introduction, Clark D. Cunningham Sep 2003

Rethinking The Licensing Of New Attorneys - An Exploration Of Alternatives To The Bar Exam: Introduction, Clark D. Cunningham

Georgia State University Law Review

No abstract provided.


Soil And Water Conservation Control Of Soil Erosion And Sedimentation: Amend Duties Of State Authorities; Revise State Control Of Erosion And Sedimentation, Amy Mcmorrow Sep 2003

Soil And Water Conservation Control Of Soil Erosion And Sedimentation: Amend Duties Of State Authorities; Revise State Control Of Erosion And Sedimentation, Amy Mcmorrow

Georgia State University Law Review

The Act establishes an education program for persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity, to be administered by the State Soil and Water Conservation Commission. The Act extensively revises [Code] Chapter 12-7, the 'Erosion and Sedimentation Act of 1975.' Among other changes to Code Chapter 12-7, the Act authorizes a new state-imposed permit fee of up to $80 per acre of disturbed land, establishes a Stakeholder Advisory Board to work in collaboration with the Environmental Protection Division and the Soil Conservation Commission, and authorizes a study to evaluate the effectiveness of ...


State Government State Flag, Seal, And Other Symbols: Change State Flag; Provide For An Advisory Referendum Election To Determine Whether Voters Desire A Further Change In The State Flag; Provide For Severability, Anthony Ventry Sep 2003

State Government State Flag, Seal, And Other Symbols: Change State Flag; Provide For An Advisory Referendum Election To Determine Whether Voters Desire A Further Change In The State Flag; Provide For Severability, Anthony Ventry

Georgia State University Law Review

The Act changes the design and the description of the Georgia state flag, replacing the official flag adopted by the Georgia General Assembly in 2001. The Act also calls for an advisory referendum in 2004 for voters to determine whether the General Assembly should keep the 2003 design or revert back to the 2001 design. The Act requires the Secretary of State to call for that referendum and to certify the results to the Governor and the General Assembly. The Act further provides that if any portion of the Act is unconstitutional, the other sections of the Act shall remain ...


Civil Practice Civil Practice Act: Allow For Discretionary Appeal Of Class Certification; Adopt Federal Rule Of Civil Procedure 23 Pertaining To Class Actions; Amend Interest Amount On Judgments; Prohibit Third Voluntary Dismissal By Plaintiff; Permit Courts To Use Discretion In Declining Jurisdiction When Another Forum Is More Convenient; Change The Pre-Judgment Interest Rate; Provide For Vacation Of An Arbitration Award Based Upon An Arbitrator's Manifest Disregard For The Law, Ashley Harris, Crystal Ferrier, Andrew Lewinter Sep 2003

Civil Practice Civil Practice Act: Allow For Discretionary Appeal Of Class Certification; Adopt Federal Rule Of Civil Procedure 23 Pertaining To Class Actions; Amend Interest Amount On Judgments; Prohibit Third Voluntary Dismissal By Plaintiff; Permit Courts To Use Discretion In Declining Jurisdiction When Another Forum Is More Convenient; Change The Pre-Judgment Interest Rate; Provide For Vacation Of An Arbitration Award Based Upon An Arbitrator's Manifest Disregard For The Law, Ashley Harris, Crystal Ferrier, Andrew Lewinter

Georgia State University Law Review

The Act replaces the Georgia rule relating to class actions by adopting Federal Rule of Civil Procedure 23. The Federal Rule allows for a discretionary intermediate appeal which existing state law did not allow. The Act amends the Georgia Code to allow courts to vacate arbitration awards when the arbitrator disregarded background substantive law in making a decision. The Act changes pre-judgment interest amounts on civil awards. Further, the Act prohibits plaintiffs from filing the same claim three times after voluntarily dismissing the claim twice. The Act also gives courts more discretion to deny jurisdiction in civil actions against nonresident ...


Courts Juvenile Proceedings: Provide For Additional Placement Options; Change Certain Provisions Regarding Reunification Efforts; Change Certain Provisions Regarding Child Placement Following Termination Orders; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws, Bryan Graff Sep 2003

Courts Juvenile Proceedings: Provide For Additional Placement Options; Change Certain Provisions Regarding Reunification Efforts; Change Certain Provisions Regarding Child Placement Following Termination Orders; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws, Bryan Graff

Georgia State University Law Review

The Act provides for greater foster parent awareness and participation in permanency and placement determinations and establishes a 90-day limit after a child is removed from the home to conduct a search for blood relatives or others who have made an ongoing commitment to the child. Additionally, the Act authorizes consideration of permanently placing children in the custody of licensed public and private agencies or organizations.


Fire Protection And Safety Regulation Of Fireworks: Prohibits Unlicensed Pyrotechnic Displays Before Proximate Audiences, Caskey Adam Sep 2003

Fire Protection And Safety Regulation Of Fireworks: Prohibits Unlicensed Pyrotechnic Displays Before Proximate Audiences, Caskey Adam

Georgia State University Law Review

The Act requires any person or company operating a pyrotechnic display before a proximate audience to obtain from the Safety Fire Commissioner a license, which may only be obtained upon proof that the applicant has liability insurance of at least $1,000,000. Applicants desiring to operate a pyrotechnic display before a proximate audience must also follow the same permitting procedures required of individuals operating a fireworks display. Furthermore, the permit may be granted only if the local fire official has approved the site. The probate judge must send the Safety Fire Commissioner a copy of each permit issued to ...


Local Government Enterprise Zone Employment Act: Provide For Additional Qualifying Businesses And Services; Limit Governmental Authority To Investigate And Inspect Residential Rental Property, Christopher Porterfield Sep 2003

Local Government Enterprise Zone Employment Act: Provide For Additional Qualifying Businesses And Services; Limit Governmental Authority To Investigate And Inspect Residential Rental Property, Christopher Porterfield

Georgia State University Law Review

The Act adds entities engaged in day-care activities to the list of businesses and services eligible for tax exemptions and abatements under the Enterprise Zone Employment Act of 1997. The Act prohibits local governments from investigating or inspecting residential rental property unless they have probable cause to believe that a violation of applicable codes exists or exited. The Act also prohibits local governments from requiring registration of residential rental property.


Highways, Bridges, And Ferries Department Of Transportation: Allow Public-Private Initiatives For Department Of Transportation System Projects, Daugherty Denise Sep 2003

Highways, Bridges, And Ferries Department Of Transportation: Allow Public-Private Initiatives For Department Of Transportation System Projects, Daugherty Denise

Georgia State University Law Review

The Act allows the Department of Transportation to accept and evaluate unsolicited proposals from private entities and to enter into contracts for public-private initiatives for transportation system projects. It provides a period of time for contractors to submit competing bids. The Act also increases the amount of funding that the Department of Transportation can contribute to these projects.


Public Utilities And Public Transportation Telephone And Telegraph Service: Revise Provisions Regulating Telemarketing To Residential Telephone Subscribers To Include Telemarketing To Mobile And Wireless Subscribers; Revise Legislative Findings, Definitions, And The Prohibition Of Telephone Solicitation To Certain Subscribers; Revise Provisions Relating To A Database Of Subscribers Who Object To Telephone Solicitations And Fees In Connection Therewith; Provide A Penalty For Unlawful Compilation Or Dissemination Of Information From This Database; Revise Procedures For Persons Making Telephone Solicitations, Derrick Bingham Sep 2003

Public Utilities And Public Transportation Telephone And Telegraph Service: Revise Provisions Regulating Telemarketing To Residential Telephone Subscribers To Include Telemarketing To Mobile And Wireless Subscribers; Revise Legislative Findings, Definitions, And The Prohibition Of Telephone Solicitation To Certain Subscribers; Revise Provisions Relating To A Database Of Subscribers Who Object To Telephone Solicitations And Fees In Connection Therewith; Provide A Penalty For Unlawful Compilation Or Dissemination Of Information From This Database; Revise Procedures For Persons Making Telephone Solicitations, Derrick Bingham

Georgia State University Law Review

The Act allows mobile or wireless telephone subscribers to add their numbers to the state's no call list, which under certain circumstances prohibits telemarketers from contacting those numbers. The Act also allows the Public Service Commission to set the fee of up to, and including, $5 for placing numbers on the list. Further, it provides the Public Service Commission discretion to establish an appropriate fee for access to the list by persons or businesses wishing to make telephone solicitations. Finally, the Act makes unauthorized disclosure of the information a misdemeanor, punishable by a fine of up to $1000.


Domestic Relations Marriage Generally: Remove The Requirement For Premarital Testing For Syphilis Prior To The Issuance Of A Marriage License, Fuller Judith Sep 2003

Domestic Relations Marriage Generally: Remove The Requirement For Premarital Testing For Syphilis Prior To The Issuance Of A Marriage License, Fuller Judith

Georgia State University Law Review

The Act removes the requirement for premarital blood testing when applying for a marriage license.


Law Enforcement Officers And Agencies Georgia Bureau Of Investigation: Clarify Procedures For Submission Of Bar Applicants' Fingerprints For Criminal Background Checks, J. A. Schneider Sep 2003

Law Enforcement Officers And Agencies Georgia Bureau Of Investigation: Clarify Procedures For Submission Of Bar Applicants' Fingerprints For Criminal Background Checks, J. A. Schneider

Georgia State University Law Review

The Act gives the Georgia Crime Information Center the responsibility of receiving fingerprints from bar applicants and submitting these fingerprints to the Federal Bureau of Investigation. The Act also removes the restriction on the use of information obtained by the background check.


Motor Vehicles And Traffic Registration And Licensing Of Motor Vehicles: Allow Voluntary Cancellation And Re-Registration Of Motor Vehicles; Require Satisfactory Proof Of Insurance To Register A Vehicle With The Dmv; Define Commercial And Fleet Policies; Add Reporting Requirements For Insurers To The Database; Allow Use Of Cards As Proof Of Insurance Through December 31, 2003, Jeffrey Gordon Sep 2003

Motor Vehicles And Traffic Registration And Licensing Of Motor Vehicles: Allow Voluntary Cancellation And Re-Registration Of Motor Vehicles; Require Satisfactory Proof Of Insurance To Register A Vehicle With The Dmv; Define Commercial And Fleet Policies; Add Reporting Requirements For Insurers To The Database; Allow Use Of Cards As Proof Of Insurance Through December 31, 2003, Jeffrey Gordon

Georgia State University Law Review

The Act updates the procedures motorists use for proving possession of insurance, making the Department of Motor Vehicles database an acceptable means of proving insurance coverage beginning January 1, 2004.


Penal Institutions General Provisions: Change The Provisions Relating To Registration Requirements Applicable To Certain Sex Offenders; Include Additional Offenses Relating To Victims Who Are Minors; Clarify Language For Annual Registration; Revise Language Referring To Registration While Incarcerated; Provide For Annual Photographs Of Offenders; Provide For Exclusions Of Certain Liability In Certain Circumstances, Jena Tarabula Sep 2003

Penal Institutions General Provisions: Change The Provisions Relating To Registration Requirements Applicable To Certain Sex Offenders; Include Additional Offenses Relating To Victims Who Are Minors; Clarify Language For Annual Registration; Revise Language Referring To Registration While Incarcerated; Provide For Annual Photographs Of Offenders; Provide For Exclusions Of Certain Liability In Certain Circumstances, Jena Tarabula

Georgia State University Law Review

The Act updates the regulation requirements for sex offenders. The Act includes additional offenses that require an individual to register with the state, such as possession of child pornography and conspiracy to transport, ship, receive, or distribute child pornography. Further, the Act requires an offender to register (1) within ten days of his release from prison, (2) if the offender changes his address, and (3) within ten days of the anniversary of the original registration. The Act also requires an offender to be photographed every year. Finally, the Act provides that real estate brokers, and their employers, shall not be ...


Local Government Transfer Of Development Rights: Revise Procedures Relating To Transfer Of Development Rights By Eliminating The Requirement Of Approval By The Local Governing Authority Prior To The Sale Of The Tdrs; Include Marsh Hammocks As An Appropriate Sending Area, Jennifer Crick Sep 2003

Local Government Transfer Of Development Rights: Revise Procedures Relating To Transfer Of Development Rights By Eliminating The Requirement Of Approval By The Local Governing Authority Prior To The Sale Of The Tdrs; Include Marsh Hammocks As An Appropriate Sending Area, Jennifer Crick

Georgia State University Law Review

The Act revises procedures relating to the transfer of development rights by allowing developers and transferable development rights owners to privately negotiate the sale of transferable development rights without requiring a separate hearing by the local governing authority, provided the transaction complies with the local transferable development rights ordinance. The Act applies to all of Georgia's 159 counties. The Act also provides for the addition of marsh hammocks as appropriate sending areas.


Motor Vehicles And Traffic General Provisions: Provide For Regulation Of Electric Personal Assistive Mobility Devices, John Giannini Sep 2003

Motor Vehicles And Traffic General Provisions: Provide For Regulation Of Electric Personal Assistive Mobility Devices, John Giannini

Georgia State University Law Review

The Act, known as the Segway Bill, creates rules of the road for Electric Personal Assistive Mobility Devices (EPAMD or Segway). The Act gives EPAMD riders a hybrid status of rights, including the rights of pedestrians (to operate on sidewalks), bicyclists (to operate on bike lanes), and motorists (to operate on roadways where the speed limit is 35 miles per hour or less). The Act provides for safety regulations, restricts the use of the EPAMDs by children under the age of 16, and provides penalties for violations. The Act allows local authorities to regulate the operation of the EPAMDs, provided ...


Education Elementary And Secondary Education: Provide A Cause Of Action For Improper Solicitation Of High School Athletes And Require High Schools To Disclose The Names Of All Student Athletes, Johnson Kimberly Sep 2003

Education Elementary And Secondary Education: Provide A Cause Of Action For Improper Solicitation Of High School Athletes And Require High Schools To Disclose The Names Of All Student Athletes, Johnson Kimberly

Georgia State University Law Review

The Act creates civil and criminal causes of action for colleges and universities against persons who violate college athletic recruitment rules and regulations by offering high school students money or other things of value to attend a particular college or university. The Act also requires high schools to release the names of all student athletes and to inform those athletes of college eligibility requirements.


Motor Vehicles And Traffic Uniform Rules Of The Road: Require Motor Vehicle Operators To Take Certain Precautions When Passing Stationary Authorized Emergency, Towing, Recovery, And Highway Maintenance Vehicles, Keenan Howard Sep 2003

Motor Vehicles And Traffic Uniform Rules Of The Road: Require Motor Vehicle Operators To Take Certain Precautions When Passing Stationary Authorized Emergency, Towing, Recovery, And Highway Maintenance Vehicles, Keenan Howard

Georgia State University Law Review

The Act protects various authorized vehicles stationed on the side of the road by requiring the operators of passing vehicles to slow down or to change lanes. The Act provides a penalty for failure to take these safety precautions.


Crimes And Offenses Controlled Substances: Set The Minimum Amount Of Marijuana That Qualifies For Drug Trafficking, Kimberly Johnson Sep 2003

Crimes And Offenses Controlled Substances: Set The Minimum Amount Of Marijuana That Qualifies For Drug Trafficking, Kimberly Johnson

Georgia State University Law Review

The Act changes the amount of marijuana that qualifies for trafficking from 50 pounds to 10 pounds.


Law Enforcement Officers And Agencies Georgia Bureau Of Investigation: Provide Records Related To The Prosecution Of Certain Offenses To Potential Employers Involved In Caring For Minor Children, The Elderly, Or The Mentally Afflicted, Larkin Joseph Sep 2003

Law Enforcement Officers And Agencies Georgia Bureau Of Investigation: Provide Records Related To The Prosecution Of Certain Offenses To Potential Employers Involved In Caring For Minor Children, The Elderly, Or The Mentally Afflicted, Larkin Joseph

Georgia State University Law Review

The Act authorizes the Georgia Crime Information Center to release a first offender's record of arrests, charges, or sentences for certain sexual offenses to public schools, private schools, child welfare, nursing homes, personal care homes, or any person or entity providing healthcare, day care, or services to children, the elderly, the mentally ill or the mentally handicapped when the first offender has applied for employment therein.


Revenue And Taxation Cigar, Cigarette, And Loose Tobacco Taxes: Increase Excise Tax Rate On Little Cigars, Cigars, And Cigarettes And Impose Excise Tax On Loose Tobacco, Margaret Clark Sep 2003

Revenue And Taxation Cigar, Cigarette, And Loose Tobacco Taxes: Increase Excise Tax Rate On Little Cigars, Cigars, And Cigarettes And Impose Excise Tax On Loose Tobacco, Margaret Clark

Georgia State University Law Review

The Act increases the excise tax on little cigars, cigars, cigarettes and imposes a tax on loose tobacco. The tax on little cigars increases from two mills each to two and one-half mills each. The Act increases the tax on other cigars to 23% of the wholesale cost price, an increase of 10% over the former rate. The Act increases the tax on cigarettes from 12 cents per pack to 37 cents per pack. The Act creates a tax on loose or smokeless tobacco at a rate of 10% of the wholesale cost price. The Act subjects loose tobacco to ...


Criminal Procedure Searches And Seizures: Provide Extraordinary Appeals And Motions For New Trial Based On Request For Dna Testing And Analysis; Establish Procedure For Preservation Of Evidence, Melissa Rife Sep 2003

Criminal Procedure Searches And Seizures: Provide Extraordinary Appeals And Motions For New Trial Based On Request For Dna Testing And Analysis; Establish Procedure For Preservation Of Evidence, Melissa Rife

Georgia State University Law Review

The Act provides the procedure for post-conviction DNA testing through an extraordinary motion for a new trial in serious violent felonies. The Act amends the Victim's Bill of Rights to require victim notification of extraordinary motions by the defendant. The Act also provides the standards, limitations, and conditions for the testing. The Act allows the State to appeal all extraordinary motions for new trial. In addition, the Act provides the standards for retention of evidence by court-appointed custodians.


Education Elementary And Secondary Education: Allow Local Boards Of Education To Permit Or Prohibit Possession Of Electronic Communication Devices By Students In Georgia Schools, Presley Suzanne Sep 2003

Education Elementary And Secondary Education: Allow Local Boards Of Education To Permit Or Prohibit Possession Of Electronic Communication Devices By Students In Georgia Schools, Presley Suzanne

Georgia State University Law Review

The Act allows local school boards to decide whether students may use electronic communication devices at school during non-instructional time.


Crimes And Offenses Offenses Against Public Health And Morals: Repeal Prohibition Against Consuming Water On Public Transit, Ronald Griffin Sep 2003

Crimes And Offenses Offenses Against Public Health And Morals: Repeal Prohibition Against Consuming Water On Public Transit, Ronald Griffin

Georgia State University Law Review

The Act repeals the prohibition against consuming bottled water on public transit.