Law Commons^™

Legislative History And Current Bills Related To The Constitution Convention, Michael Friese

Elisabeth Haub School of Law Student Publications

The purpose of this paper is to provide a critical look at the legislative history of Article VII (now Article XIV). Specifically, it will discuss the events leading up to the 1894 Constitutional Convention (the convention was Article XIV and the “Forever Wild Provision” was adopted); the events and legislative acts between the 1894 and 1915 constitutional conventions; the 1915 Constitutional Convention; the events and legislative acts between 1915 and 1938; and the 1938 Constitutional Convention. The paper will also address the delegate election process, as well as proposed reforms to the process. It is the intention of this paper …

Labor And Industrial Relations Employment Security, Georgia State University Law Review

Georgia State University Law Review

The primary goal of this bill was to provide tax relief and create jobs while also encouraging investors to support local business development. The bill sought to accomplish this goal by giving employers a credit against contributions if they hired persons who were receiving unemployment benefits and by providing income tax credits to investors.

Motor Vehicles And Traffic Uniform Rules Of The Road, Georgia State University Law Review

Georgia State University Law Review

The Act prohibits all drivers from using text-based communications while operating a motor vehicle on any public highway in the state. The Act provides for acceptable text-based communications for public safety workers and similarly situated individuals, as well as for all drivers in certain circumstances. A violator of the Act’s provisions is subject to a fine of $150 and an assessment of one point on the violator’s driver’s license. The Act prohibits any driver under the age of eighteen who has an instruction permit or Class D license from using a cellular phone while operating a motor vehicle. It provides …

Crimes And Offenses Sexual Offenses, Georgia State University Law Review

Georgia State University Law Review

The purpose of this Act is to revise Georgia sex offender laws to promote the isolation of dangerous sexual predators from the public and ensure that they are adequately monitored in a manner that is constitutional. The key focus of the Act is to ensure the law properly directs resources towards protecting society from the sex offenders who pose the greatest threat to others by truly isolating the dangerous sexual predator. The Act narrows some of the previous statutory reporting requirements for sex offenders and aims to lessen some of these requirements by providing for certain exceptions. Additionally, the Act …

Crimes And Offenses Offenses Against Public Safety And Order, Georgia State University Law Review

Georgia State University Law Review

The Act clarifies current law relating to where weapons may be carried or possessed. It defines the offense of carrying a weapon without a valid license. The Act changes provisions relating to the carrying of weapons onto private property, public property, and campus grounds. It also provides for uniform security features of weapons carry licenses issued on or after January 1, 2012.

Crimes And Offenses Offenses Against Public Health And Morals, Georgia State University Law Review

Georgia State University Law Review

The bill would have prohibited an abortion provider from performing an abortion: with the intent to prevent a child from being born based on the color, race, or gender of the unborn child; when the abortion provider knows that the mother is seeking the abortion based on the color, race, or gender of the unborn child; or when the abortion provider knows that the mother was unlawfully coerced into having the abortion. A violator of the bill’s provisions would have been subject to criminal and civil penalties.

2010 Table Of Georgia Code Sections Affected, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

Labor And Industrial Relations Georgia Workforce Investment Board, Georgia State University Law Review

Georgia State University Law Review

The Act creates the Georgia Workforce Investment Board. The Act provides for the members who will compose the Board, the allocation of funding for the Board, and the powers and duties of the Board. The Act also provides that the Board is established to implement the state workforce development policy, as directed by the Governor.

Criminal Procedure Crime Victims' Bill Of Rights, Georgia State University Law Review

Georgia State University Law Review

The Act provides for crime victims’ rights in Georgia and creates substantive mechanisms for directing agencies to carry out these victim’s rights. These include the right to be present and heard in the sentencing phase of a criminal proceeding against the accused, including proceedings in juvenile court. The Act also provides that victims must be notified regarding the disposition of criminal proceedings or the status of the accused, such as release or escape, and requires the prosecuting attorney or the corrections department to provide such notice. Judges are also required to make a finding in every case as to whether …

Conservation And Natural Resources Water Resources, Georgia State University Law Review

Georgia State University Law Review

The Act encourages state departments to examine their water conservation practices; standardizes leak reporting by public water utilities; requires submetering of multifamily, commercial, and industrial construction beginning July 1, 2012; requires high efficiency toilets, urinals, and fixtures in new construction beginning July 1, 2012; provides for the tracking of unused water withdrawal permits for agriculture purposes and establishes a process for those permits to revert back to the state; and restricts outdoor watering to between the hours of 4 p.m. and 10 p.m. so as to avoid evaporative loss and waste during the hottest hours of the day.

2010 House And Senate Bill Index, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

Evidence Evidence, Georgia State University Law Review

Georgia State University Law Review

The bill would have adopted the Federal Rules of Evidence, reorganized Georgia evidentiary rules where not displaced by the Federal Rules, and made other necessary corrections to the Code to incorporate the new structure of the evidence Code.

Food, Drugs, And Cosmetics Standards, Labeling, And Adulteration Of Food, Georgia State University Law Review

Georgia State University Law Review

The Act requires food processors to maintain food safety plans and conduct tests on their food products before sending them into commerce and allows the Commissioner of Agriculture to define what standards the food safety plans need to comply with. The Act provides for civil and criminal penalties for violating the Act. Specifically, if the company does not file a food processing plan, the company will be exposed to a $5,000 fine. If the company intentionally fails to report a written food safety plan to the Department of Agriculture, the company will be exposed to a $7,500 fine. The Act …

Insurance Individual Health Insurance Coverage, Georgia State University Law Review

Georgia State University Law Review

The bill would have allowed insurers authorized to transact business in Georgia to offer Georgians individual accident and sickness policies that are approved for issuance in other states. The bill would have required that the out-of-state policies contain disclosures notifying consumers that the policies may be governed by the laws of other states and that the benefits may be different from other policies the consumer could have purchased. The sale of the out-of-state policies would have first been approved by the Georgia Commissioner of Insurance, and the Commissioner would also have had to adopt rules and regulations to implement the …

Slides: Chapter 7 Of The Commission Report, David L. Bernhardt

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: David L. Bernhardt, Partner, Brownstein Hyatt Farber Schreck (Washington, DC) and former Solicitor for U.S. Department of the Interior

14 slides

Using Legislative History In Arkansas To Determine Legislative Intent: An Examination Of Cases And Review Of The Sources, Kathryn C. Fitzhugh, Melissa M. Serfass

University of Arkansas at Little Rock Law Review

This article summarizes the legislative process in Arkansas. It lists and provides descriptions of Arkansas's primary sources of legislation, including print and online resources. An examination of case law focuses on this question: what do Arkansas appellate courts mean when they say they consider legislative history in determining the intent of the legislature; specifically, what types of information will the courts consider? A brief discussion of several general rules of statutory construction in Arkansas precedes an examination of specific sources the courts have relied on. These sources include House and Senate Journals, act titles, preambles, emergency clauses, official commentary, executive …

The Hypocrisy Of The Acquiescence Canon, Blair C. Warner

Blair C Warner

The Court applies the acquiescence canon to infer that an agency or judicial statutory interpretation is correct when followed by Congressional inaction. This Article will argue that this practice is based on a number of faulty assumptions. Moreover, the canon is applied inconsistently and creates perverse incentives for the legislature. The Article will then explore the Court’s guidance to lower courts against deriving similar inferences from the denial of certiorari, a similar form of inaction. Drawing parallels between Congress and the Court, and noting the many reasons why conclusions should not be drawn from apparent inactivity, this Article will conclude …

Slides: The Promise And Peril Of Oil Shale: Federal Law And Policy, David Bernhardt

The Promise and Peril of Oil Shale Development (February 5)

Presenter: David Bernhardt, Brownstein Hyatt Farber Schreck, Denver, CO

13 slides

Review Of Understanding Labor And Employment Law In China, By Ronald C.Brown, Nicholas C. Howson

Reviews

Any attempt to analyze China’s comprehensive labor reform over the past three decades faces at least two dilemmas. First, the analyst must confront the task of describing how the Chinese state has dismantled the “work unit” (or danwei)- based “iron rice bowl” employment and entitlements system, replacing that comforting but low-production employment and social security scheme with formally-proclaimed legal rights and institutions apparently designed to protect employees in a functioning labor market. Second, the analyst must track how the state’s commitment (at all levels of government) to implementation of proclaimed legal and institutional protections has waxed and waned, based upon …

Reviving Employee Rights - Recent And Upcoming Employment Discrimination Legislation: Proceedings Of The 2010 Annual Meeting Of The Association Of American Law Schools Section On Employment Discrimination Law, Scott A. Moss, Sandra Sperino, Robin R. Runge, Charles A. Sullivan

Publications

No abstract provided.

The 1909 Copyright Act In International Context, Daniel Gervais

Santa Clara High Technology Law Journal

No abstract provided.

Legislative Histories And The Practice Of Statutory Interpretation In Wyoming, Debora A. Person

Debora A. Person

No abstract provided.