Law Commons^™

Liability Of Owners And Occupiers Of Land Sb 125, Georgia State University Law Review

Georgia State University Law Review

The Act clarifies Georgia’s position on the duty owed to trespassers by owners and occupiers of land. Under the Act, owners and occupiers of land owe no duty of care to trespassers, except to refrain from causing purposeful injury. The Act also provides that the new law does not alter the attractive nuisance doctrine regarding children.

Public Assistance Hb 772, Georgia State University Law Review

Georgia State University Law Review

The Act requires the government to drug-test recipients of food stamps and TANF benefits if there is a reasonable suspicion of drug use. Penalties for failing a drug-test become more severe when a recipient has more violations. The new bill also requires that a member of each household receiving food stamp benefits have a photo on the card.

Public Assistance Hb 990, Georgia State University Law Review

Georgia State University Law Review

The Act prohibits the Governor from expanding Medicaid eligibility through an increase in the income threshold without first obtaining the General Assembly’s approval. The Act provides that this prohibition does not extend to any increase in the income threshold that results from a cost-of-living increase in the federal poverty level.

Agreements For Probation Services Hb 837, Georgia State University Law Review

Georgia State University Law Review

The bill would have authorized private probation companies to contract with county and municipal judges to oversee misdemeanor probationers. Private probation companies would have been able to exercise the full range of powers of a public probation officer to monitor a probationer, including electronic tracking, drug and alcohol testing, and assessing fees for the expense of supervising the probationer. The Act would have allowed the private probation company to appeal to a judge to toll the probationer’s sentence if the probationer failed to comply with any of the terms of the probation, including paying fees.

Employees’ Insurance And Benefits Plans Sb 98, Georgia State University Law Review

Georgia State University Law Review

This bill restricts government spending on certain abortions through insurance provided by the Georgia State Health Benefit Plan and through insurance offered under any regulation or exchange created by the federal Patient Protection and Affordable Care Act.

Mobile Broadband Infrastructure Leads To Development Hb 176, Georgia State University Law Review

Georgia State University Law Review

The Act provides for streamlined processing for wireless facility applications and limits the ways local government can condition approval of new wireless facilities and where they are sited. The Act also limits the fees that local governments may charge for reviewing wireless facility applications. Further, it limits license and rental fees a local government may charge for wireless facilities on the local government’s property.

Employment Security And State Government Hb 714, Georgia State University Law Review

Georgia State University Law Review

The Act denies eligibility for unemployment benefits to certain workers who are employed by private companies to provide services to educational institutions. It further restricts eligibility for workers who are enrolled in approved job training programs. The Act also aligns the Georgia unemployment laws with federal standards.

Department Of Public Health Hb 966, Georgia State University Law Review

Georgia State University Law Review

The Act establishes an Alzheimer’s Disease Registry within Georgia’s Department of Public Health and grants the Department of Public Health authority to create procedures, rules, and regulations to establish and operate the Alzheimer’s Disease Registry. The Act also ensures that any collected data contained in the Alzheimer’s Disease Registry will be confidential and that the Alzheimer’s Registry will comply with the federal Health Insurance Portability and Accountability Act.

Georgia Health Care Freedom Act Hb 943, Georgia State University Law Review

Georgia State University Law Review

The Act requires that a health benefit policy that provides coverage for intravenously administered or injected chemotherapy for the treatment of cancer shall also provide coverage no less favorable for orally administered chemotherapy. Additionally, the Act prohibits the state from using money, resources, or assets to influence Georgia citizens to support the voluntary expansion of the Affordable Care Act, prohibits the establishment of an insurance exchange or applying for or accepting federal money relating to the establishment of an insurance exchange, and prohibits the establishment of a Navigator program.

Elections And Primaries Generally Hb 310, Georgia State University Law Review

Georgia State University Law Review

The Act addresses issues set forth by the United States District Court for the Northern District of Georgia in United States v. Georgia by extending the dates for Georgia’s qualifying, primary, primary runoff, and general election dates to be in compliance with the Uniformed Overseas Citizens Absentee Voting Act.

Offenses Against Public Order And Safety Hb 60, Georgia State University Law Review

Georgia State University Law Review

The Act expands gun rights by allowing permit holders to carry guns in locations previously prohibited including places of worship, bars, and certain areas inside government buildings and airports and changing criminal penalties for permit holders who violate the Act. The Act also permits, under certain circumstances, teachers and administrators to carry guns in school safety zones, on school buses, and at school functions. Additionally, the Act repeals certain Georgia laws regulating firearms dealers and also amends the qualifications for application of a weapon carry permit and conditions for permit renewal. Further, thie Act prohibits, with exceptions, restrictions on guns …

Trial Hb 804, Georgia State University Law Review

Georgia State University Law Review

The Act allows a court to order a child witness or victim of certain offenses under the age of seventeen to testify outside the physical presence of the accused provided the court finds the child is likely to suffer serious psychological or emotional distress or trauma that impairs the child’s ability to communicate. The Act also lists considerations for the judge to take into account when making this determination. It further provides what shall be included in the court’s order, as well as the method of such testimony.

Juvenile Court Administration Sb 365, Georgia State University Law Review

Georgia State University Law Review

Georgia Council on Criminal Justice Reform. This installment focuses on offender reintegration and state compliance with federal standards. The Act provides for more court involvement in delinquent and dependent juvenile matters, periodic review hearings for children in residential placement, and permanency plans for juveniles. The Act also provides for driver’s license reinstatement, educational programs for certain adult offenders, and programs supporting re-entry to society for adult offenders. Finally, the Act changes the reporting structure for Review Panel and Child Abuse Protocol Committees.

Water Resources Sb 213, Georgia State University Law Review

Georgia State University Law Review

The Act provides the Director of the Environmental Protection Division with flexibility in determining when and how to declare a drought and how to proceed in case of a drought. The Act no longer requires the Director to determine a drought status by a certain date or to conduct irrigation reduction auctions. The Act codifies the Director’s ability to implement augmentation projects and limit the ability of those with withdrawal permits to withdraw the augmented water for irrigation. The Act also creates irrigation efficiency requirements and sets forth a schedule requiring all irrigation systems to achieve eighty percent efficiency by …

Parks, Historic Areas, Memorials, And Recreation Hb 715, Georgia State University Law Review

Georgia State University Law Review

The Act establishes a set number of acres that may be developed on Jekyll Island. It states that no more than 1,675 acres of the Island’s total land area may be developed. Currently, 1,597 of those acres have been developed, and the Act delineates how the remaining seventyeight acres may be used.

Employer-Union Organizing Assistance And Neutrality Agreements: Have We Overshot Congress's Landing And Upset A Fragile Balance, Robert Mollohan

Georgia State University Law Review

No abstract provided.

It Adds Up: Ineffective Assistance Of Counsel And The Cumulative Deficiency Doctrine, Michael Mclaughlin

Georgia State University Law Review

No abstract provided.

Covering Your Assets: The Unfinished Business Rule And Bankrupt Law Firms, Ashley Worrell

Georgia State University Law Review

No abstract provided.

Doomed Steamers And Merged Fires: The Problem Of Preempted Innocent Threats In Torts, Anthony Dillof

Georgia State University Law Review

No abstract provided.

Physician Conflicts Of Interest In Court: Beyond The Independent Physician Litigation Heuristic, Kate Greenwood

Georgia State University Law Review

No abstract provided.

The Parent Trap: The Unconstitutional Practice Of Severing Parental Rights Without Due Process Of Law, Kendra Fershee

Georgia State University Law Review

No abstract provided.

Where There's Smoke, There's Fire?: The Cloud Of Suspicion Surrounding Former Offenders And The Eeoc's New Enforcement Guidance On Criminal Records Under Title Vii, Tiffany Nichols

Georgia State University Law Review

No abstract provided.

A Second Opinion On Pharmaceutical Reverse Payment Settlements: Why Actavis Missed The Mark, Alex Galvan

Georgia State University Law Review

No abstract provided.

An Exception-Ally Difficult Situation: Do The Exceptions, Or Lack Thereof, To The Speech-And-Display Requirements For Abortion Invalidate Their Use As Informed Consent?, Danielle Le Jeune

Georgia State University Law Review

No abstract provided.

The Aftermath Of Catastrophes: Valuing Business Interruption Insurance Losses, Christopher French

Georgia State University Law Review

No abstract provided.

Sentencing Adjudication: Lessons From Child Pornography Policy Nullification, Melissa Hamilton

Georgia State University Law Review

No abstract provided.

The Efficacy Of Cybersecurity Regulation, David Thaw

Georgia State University Law Review

No abstract provided.

Historical Antecedents Of Challenges Facing The Georgia Appellate Courts, Michael B. Terry

Georgia State University Law Review

The Georgia appellate courts face challenges common to many courts in these days of reduced governmental resources. At the same time, the Georgia appellate courts face unusual challenges that can be traced to their historical antecedents and one unique constitutional provision: the “Two-Term Rule.” Just as “[t]he law embodies the story of a nation’s development through many centuries,” the current rules and practices of both the Supreme Court of Georgia and the Court of Appeals of Georgia embody the story of the development of those courts since their founding.

Several aspects of the history of the courts directly impact the …

The Federal Rules At 75: Dispute Resolution, Private Enforcement Or Decisions According To Law?, James R. Maxeiner

Georgia State University Law Review

This essay is a critical response to the 2013 commemorations of the75th anniversary of the Federal Rules of Civil Procedure.The Federal Rules of Civil Procedure were introduced in 1938 to provide procedure to decide cases on their merits. The Rules were designed to replace decisions under the “sporting theory of justice”with decisions according to law.

By 1976, at midlife, it was clear that they were not achieving their goal. America’s proceduralists split into two sides about what to do. One side promotes rules that control and conclude litigation: e.g.,plausibility pleading, case management, limited discovery, cost indemnity for discovery, and summary …

Fulton County Business Court: A Specialized Solution For The Modern Business Community, Megan K. Johnson

Georgia State University Law Review

Business courts or complex commercial divisions are growing in popularity as an effective tool to channel the most complex civil cases into one place before experienced judges with the background and training necessary to resolve the sophisticated issues often presented in those cases. According to North Carolina Business Court Judge Ben F. Tennille, one of the first judicial advocates of the business court model, the evolution of specialty business courts is a necessary response to “‘the rapidly increasing complexity, rate of change and globalization of business.’”

In 2005, Fulton County Superior Court launched a Business Case Division (“Fulton Business Court”) …