Law Commons^™

Inside Front Cover Page, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

First Inside Page, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

Copyright Page, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

Member Masthead, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

Faculty Masthead, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

Table Of Contents, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

Social Ecology, Preventive Intervention, And The Administrative Transformation Of The Criminal Legal System, Mark R. Fondacaro

Georgia State University Law Review

This Article outlines an administrative model of criminal justice that provides a conceptual framework and empirical justification for transforming our criminal legal system from a backward-looking, adjudicative model grounded in principles of retribution toward a forward-looking model grounded in consequentialist principles of justice aimed at crime prevention and recidivism reduction. The Article reviews the historical roots and justifications for our current system, along with recent advances in the behavioral, social, and biological sciences that inform why and how the system fuels injustice. The concept of social ecology is introduced as an organizing framework for: (1) understanding why individuals do or …

Judging The Judiciary, Amanda B. Hurst

Georgia State University Law Review

Judicial legitimacy not only depends on judges maintaining the high ethical standards imposed on them but also on the public believing judges will be held accountable when they break the rules. However, judges are often viewed as “getting away with it.” This Article focuses on how to improve this problematic perception of state judicial discipline systems (JDSs). Part of the answer is more exposure, including a social media presence, for judicial discipline commissions (JDCs), the bodies in each state responsible for resolving misconduct complaints and recommending or imposing sanctions, because the public and media have a similar flawed understanding of …

Arrests: Legal And Illegal, Daniel Yeager

Georgia State University Law Review

The Fourth Amendment prohibits unreasonable searches and seizures. An arrest—manifesting a police intention to transport a suspect to the stationhouse for booking, fingerprinting, and photographing—is a mode of seizure. Because arrests are so intrusive, they require roughly a fifty percent chance that an arrestable offense has occurred. Because nonarrest seizures (aka Terry stops), though no “petty indignity,” are less intrusive than arrests, they require roughly just a twenty-five percent chance that crime is afoot.

Any arrest not supported by probable cause is illegal. It would therefore seem to follow that any arrest supported by probable cause is legal. But it …

Police Chases And Pit Maneuvers: Examining The Role Of Officer Conduct In Pursuit-Related Felony Murder Convictions, Margaret L. R. Dubose

Georgia State University Law Review

The United States Supreme Court has described a police officer's decision to terminate a high-speed car chase by making physical contact with the fleeing vehicle as a "choice between two evils." Indeed, while many speed-related deaths occur on Georgia's roadways without the involvement of law enforcement, deaths also transpire when officers choose to make such contact through Precision Intervention Technique (PIT) maneuvers.

In 2015, a Georgia jury found a driver guilty of committing felony murder—a conviction which carries with it a life sentence. The victim, a passenger in the driver's speeding car, died after a law enforcement officer performed a …

Reducing Harm: The Legal Viability Of Supervised Consumption Sites In Georgia, Kathleen Kassa

Georgia State University Law Review

Every five minutes in the United States, someone dies from a drug overdose. This public health crisis, referred to as the opioid epidemic, caused the federal government and many states and localities to issue public health emergency declarations. Despite billions of dollars in funding and response at every level of government, overdoses continue to increase.

The complexity of addiction prevention and treatment, socioeconomic inequalities, and the stigmatization of drug use make the opioid crisis difficult to solve. The severity of the epidemic led many jurisdictions to adopt once-controversial harm reduction approaches aimed at reducing the stigma and negative impacts of …

Misrepresentations In Labor Trafficking: State Laws As An Alternative Theory Of Liability For Recruiters, Hannah Garvin

Georgia State University Law Review

When addressing labor trafficking of migrants, the focus is typically on prosecuting the traffickers directly involved in obtaining a victim’s labor, but traffickers cannot exploit labor without victims. Research has shown that recruiters, both those intending to provide labor traffickers with victims and those who have no knowledge of the subsequent exploitation perpetrated by the supposed employer, often misrepresent job opportunities to migrants. Both types of recruiters profit off of the exploitation of migrants and ultimately continue to propagate labor trafficking. To effectively deter trafficker-recruiters and ensure independent recruiters are acting ethically, an all-encompassing method of accountability needs to be …

Galaxy Next Gen., Inc. V. Bradley Ehlert, Et. Al., Order On Motion For Reconsideration And For Stay Of Trial, Kelly L. Ellerbe

Georgia Business Court Opinions

No abstract provided.

Galaxy Next Gen., Inc. V. Bradley Ehlert, Et. Al., Order On Motion For Sanctions And Motion For Order To Show Cause, Kelly L. Ellerbe

Georgia Business Court Opinions

No abstract provided.

Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al. Order On Motion For Attorney's Fees, Kelly L. Ellerbe

Georgia Business Court Opinions

No abstract provided.

Bowlero Atlantic Station, Llc V. Regal Cinemas, Inc., Order On Motion To Compel Discovery, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Bowlero Atlantic Station, Llc V. Regal Cinemas, Inc., Et Al., Order On Partial Motions To Dismiss, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Did January 6 Defendants (Including Donald Trump) “Otherwise Obstruct An Official Proceeding”? Linguistic Analysis For The Fischer Case Before The Supreme Court, Clark Cunningham, Ute Römer-Barron

Faculty Publications By Year

When judges, skilled and sophisticated users of the English language, come to opposing conclusions about the “plain” or “ordinary” meaning of a phrase, how can such a conflict be resolved in an objective way? Traditionally courts have resorted to citing dictionary definitions, but in recent years an alternative approach has been gaining attention and respect: the use of corpus linguistics. The supreme courts of Michigan, Idaho, Utah, Vermont have used made use of corpus-based research in their decisions as has the U.S. Court of Appeals for the Third Circuit. Both the Sixth Circuit and the Ninth Circuit have requested that …

Four Reasons The Supreme Court Should Reconsider Its Article Iii Standing Doctrine, Clark Cunningham, Ute Römer-Barron

Faculty Publications By Year

This paper reviews four reasons the Supreme Court should reconsider its long-standing doctrine that Article III of the Constitution prevents federal courts from hearing civil cases unless plaintiffs show that their claims arise out of “injury-in-fact”. The doctrine is (1) incoherent in theory and unworkable in practice, (2) manipulable to serve policy-driven decisions, (3) inconsistent with historical practices in the Founding Era, and (4) not grounded in the text of Article III.

Parts I – III of the paper briefly review judicial decisions and legal scholarship that support or provide perspective on the first three reasons why the Court should …

Lendingpoint Consolidated, Inc., Et. Al. V. Bdo Usa, Llp, Et. Al., Order On Motions To Dismiss, Kelly L. Ellerbe

Georgia Business Court Opinions

No abstract provided.

Galaxy Next Generation Inc. V. Bradley Ehlert, Et Al., Order On Motion For Summary Judgment, Kelly L. Ellerbe

Georgia Business Court Opinions

No abstract provided.

Bernard Parks, Jr., Et. Al. V. Kelly King Et Al., Order On Cross Motions For Summary Judgment Regarding Plaintiffs' Claims Against Defendants, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Saint Joseph Health System, Et. Al. V. Emory Healthcare, Inc., Et Al., Order On Cross Motions For Summary Judgment, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Shooting In The Park: Distinguishing Public From Private Property Under Georgia’S Firearms Carrying Laws, Mackenzie Miller

Law Review Blog Posts

Georgia’s recent expansion of concealed carry creates safety problems for public events within the state’s parks. Exploring Georgia’s gun laws, this Article examines possible loopholes and addresses growing concerns.

James C. Robinson, Et. Al., Fisherbroyles, Llp, Et. Al., Order Denying Motions To Exclude Market Value Opinions, Eric A. Richardson

Georgia Business Court Opinions

No abstract provided.

James C. Robinson, Et. Al. V. Fisherbroyles, Llp, Et. Al., Order On Plaintiff's Motion For Sanctions, Eric A. Richardson

Georgia Business Court Opinions

No abstract provided.

Elba Liquefaction Co., Et. Al. V. Ihi E&C Int'l Corp., Fourth Amended Case Mgmt Order, Kelly Lee Ellerbe

Georgia Business Court Opinions

No abstract provided.

Fuqua Bcde Peachtree Corners Project Owner V. Ordner Construction Co., Et. Al., Order On Defendants' Motion To Dismiss, Wesley B. Tailor

Georgia Business Court Opinions

No abstract provided.

Fuqua Bcde Peachtree Corners Project Owner V. Ordner Construction Co., Et. Al., Order On Defendants' Motion To Dismiss, Wesley B. Tailor

Georgia Business Court Opinions

No abstract provided.

The Tourism Industry And Plastic Waste Policies - Comparative Perspectives From The Portuguese Experience, Marina Monne De Oliveira, Romulo S.R. Sampaio, Patricia Regina Pinheiro Sampaio

Journal of Comparative Urban Law and Policy

This paper investigates the correlations between the tourism industry and plastic waste. It starts by evidencing that increase in tourism is likely to enhance the volume and improper destination of waste, including plastic, which has become a major environmental concern in touristic cities. The paper suggests that, on the other hand, negative environmental impact caused by plastic may disincentivize tourism, due to pollution in beaches and seas. As tourism grew in Portugal, the country experienced an increase in plastic waste and has taken measures to deal with the problem. Portugal passed federal legislation to ban single-use plastic tableware as of …