Law Commons^™

Torts: Covid-19 Pandemic Business Safety Act & Executive Order By The Governor Designating Auxiliary Management Workers And Emergency Management Activities, Angelena Velaj, Troy Viger

Georgia State University Law Review

The Executive Order expanded immunity from liability for volunteer health care workers as emergency management workers performing emergency management activities. The Order was not limited to only COVID-19-related activities. When the legislature reconvened, legislators passed the Georgia COVID-19 Pandemic Business Safety Act, which provided liability limitation to businesses against tort claims arising from the pandemic.

Preemption: Executive Order By The Governor To Ensure A Safe & Healthy Georgia, Marisa P. Ahlzadeh, Fanny Chac

Georgia State University Law Review

The doctrine of preemption expresses the idea that “a higher authority of law will displace a lower authority of law when the two authorities come into conflict.” Preemption exists on both the federal and state level. According to the Georgia Constitution, local laws are permissible if they do not conflict with the state law on the subject. During a Public Health State of Emergency, the Governor of Georgia maintains certain expanded powers to take necessary action for the health and safety of the public. On April 2, 2020, Governor Brian Kemp (R) used these expanded powers to enact an Executive …

Health Insurance Portability And Accountability Act Of 1996: Health & Public Welfare, Erin L. Hayes, Kathryn A. Vance

Georgia State University Law Review

The Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”) establish a standard for the use and protection of individuals’ health information and apply to certain covered entities or their business associates. Covered entities may only disclose an individual’s protected health information in limited situations. Covered entities or individuals that fail to comply with the Privacy Rule standards may be subject to civil or criminal penalties.

Bioethics: Ethical Considerations Of Ventilator Triage During A Pandemic, Susannah J. Gleason, William J. Keegan

Georgia State University Law Review

In the midst of the COVID-19 pandemic, hospitals across the country faced unprecedented volumes of patients seeking treatment related to the respiratory complications of the virus. As a result, states were forced to reassess existing scarce resource allocation guidelines to appropriately accommodate the high demand. This Peach Sheet analyzes the ethical considerations implicated in enacting and following these guidelines when treating patients, specifically in the context of ventilator triage in response to the COVID-19 pandemic.

First Amendment: Executive Order By The Governor Limiting Large Gatherings Statewide, Alex N. Estroff, Boris W. Gautier

Georgia State University Law Review

Beginning in March 2020, Georgia Governor Brian Kemp (R) issued a series of Executive Orders addressing the State’s response to the COVID-19 pandemic. Included in these Orders was a prohibition on large groups of people gathering in a single location. Though an effective means of curtailing the virus’s rapid transmission, this specific provision became a source of controversy for groups who believed such a prohibition infringed upon their First Amendment rights.

Public Health State Of Emergency: Executive Order By The Governor Declaring A Public Health State Of Emergency, Rebecca Hu, Ellen Y. Min

Georgia State University Law Review

The Executive Order primarily functions to enumerate the Governor’s emergency powers during a Public Health State of Emergency. The Executive Order allows for the Governor to assist health and emergency management officials by deploying available resources for the mitigation and treatment of COVID-19 within Georgia.

Forced Business Closures: Executive Orders By The Governor Closing Private Businesses, Baylee A. Culverhouse, Alexa R. Martin

Georgia State University Law Review

Governor Brian Kemp (R) issued Executive Orders in response to the COVID-19 pandemic that required businesses to close in an effort to limit the spread of the virus. Business owners often challenged those forced business closures as unconstitutional or as exceeding the State’s police power, and those challenges were met with varying degrees of success.

Crimes And Offenses: Proposed Constitutional Carry Act Of 2019 & Executive Order By The Governor Temporarily Extending Renewal Requirements For Weapons Carry Licenses, Kristin Harripaul, Briana A. James

Georgia State University Law Review

In March 2020, Governor Brian Kemp (R) issued an Executive Order declaring a Public Health State of Emergency due to COVID-19. The Supreme Court of Georgia also issued a Judicial Order declaring a Statewide Judicial Emergency. The Council of Probate Court Judges subsequently characterized the processing of weapons carry licenses as non-essential and temporarily suspended license issuances to limit the spread of COVID-19. HB 2 would have eliminated the license requirement and the need for probate judges to process applications. However, HB 2 never received a hearing before the 2019–20 legislative session ended. Gun rights advocates called on Governor Kemp …

Elections: Elections And Primaries Through The Pandemic, Joseph M. Brickman, Logan D. Kirkes

Georgia State University Law Review

The 2020 election cycle was all but normal. Due to certain health concerns associated with the COVID-19 pandemic, Georgia delayed its primary election three months from March to June and summarily mailed absentee ballot request forms to all active, registered voters. From presidential social media postings to a federal lawsuit, debate ensued over the widespread usage of absentee ballots, their overall effectiveness and security, who would receive request forms, and whether postage requirements qualified as an impermissible poll tax. To further compound these uncertainties, Georgia legislators, who are not permitted to fundraise or campaign during the forty-day legislative session, had …

Mandatory Quarantine: Administrative Order By The Georgia Department Of Public Health For Public Health Control Measures: Isolation Protocol, Matthew C. Daigle, Carissa L. Lavin

Georgia State University Law Review

The Administrative Order for Public Health Control Measures and its subsequent amendments outlined the Isolation and Quarantine Protocols for individuals who either tested positive for COVID-19 or were suspected of COVID-19 infection based on symptoms or prolonged exposure to the virus.

Foreword: Preventing Human Trafficking, Jonathan Todres

Georgia State University Law Review

No abstract provided.

Uncovering The "Hidden Crime" Of Human Trafficking By Empowering Individuals To Respond, Laura Shoop

Georgia State University Law Review

This Note will examine current state law promoting awareness of human trafficking and identification of trafficking survivors in the United States and make recommendations as to what further measures, if any, state legislators should take to increase awareness, identification, and reporting of human trafficking. Part I explains the history and development of human trafficking legislation at the federal and state levels. Part II analyzes the methods that states currently use to promote public awareness and identification. Part III discusses a proposal for amending current state law to better encourage and facilitate awareness of human trafficking and the identification and reporting …

The Public Health Approach To Human Trafficking Prevention, Jordan Greenbaum Md

Georgia State University Law Review

Sex and labor trafficking of adults and children are global public health issues that demand a public health approach to eradication. Rigorous scientific research is needed to create an evidence base that drives multi-sector collaborative prevention efforts addressing trafficking at all levels of the socioecological model. Programs need to be evaluated carefully and modified accordingly, then scaled up to disseminate critical information to the large body of people at risk of exploitation. Legal professionals have an important role to play in combatting human trafficking by educating themselves, their colleagues and clients, and the public, as well as advocating for legislative …

Medical-Legal Collaboration And Community Partnerships: Prioritizing Prevention Of Human Trafficking In Federally Qualified Health Centers, Kimberly S.G. Chang Md, Mph, Hamida Yusufzai, Anna Marjavi

Georgia State University Law Review

Human trafficking (HT) is increasingly recognized as a public health issue, and its severe consequences affect some of society’s most vulnerable members. Prioritizing prevention is a critical component of a public health framework when addressing HT, and the health care delivery system plays a crucial role in operationalizing primary, secondary, and tertiary prevention interventions. As a significant part of the primary care system in the U.S., Federally Qualified Health Centers (FQHCs) are uniquely positioned to be the first point of contact with the health care system for people at risk for and affected by HT. FQHCs provide many preventive services, …

Understanding Risk And Prevention In Midwestern Antitrafficking Efforts: Service Providers' Perspectives, Hannah E. Britton Ph.D.

Georgia State University Law Review

Since the 2000 passage of both the Trafficking Victims Protection Act (TVPA) and the U.N.’s Palermo Protocols, human trafficking has gained a notable global presence as a human rights concern. Community organizations, nonprofits, scholars, policymakers, and service providers have developed programs to identify and address human trafficking. Despite these efforts, finding reliable methods to document and quantify the instances of human trafficking continues to challenge researchers. Moreover, many believe trafficking is a problem primarily located in urban areas or along national borders.

Drawing from seven years of interviews with service providers who work in this sector, combined with survey results …