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Articles 1 - 30 of 2129
Full-Text Articles in Law
Implementing Information Fiduciaries, Samuel E. Marticke
Implementing Information Fiduciaries, Samuel E. Marticke
Georgia State University Law Review
This Note discusses the information fiduciary model, proposed by Jack Balkin, where fiduciary duties would be imposed on data collectors and analyzes how such a model could come to pass in the United States.
Table Of Contents, Georgia State University College Of Law
Table Of Contents, Georgia State University College Of Law
Georgia State University Law Review
No abstract provided.
Cover Page, Georgia State University College Of Law
Cover Page, Georgia State University College Of Law
Georgia State University Law Review
No abstract provided.
Inside Front Cover Page, Georgia State University College Of Law
Inside Front Cover Page, Georgia State University College Of Law
Georgia State University Law Review
No abstract provided.
First Inside Page, Georgia State University College Of Law
First Inside Page, Georgia State University College Of Law
Georgia State University Law Review
No abstract provided.
Copyright Page, Georgia State University College Of Law
Copyright Page, Georgia State University College Of Law
Georgia State University Law Review
No abstract provided.
Member Masthead, Georgia State University College Of Law
Member Masthead, Georgia State University College Of Law
Georgia State University Law Review
No abstract provided.
Faculty Masthead, Georgia State University College Of Law
Faculty Masthead, Georgia State University College Of Law
Georgia State University Law Review
No abstract provided.
What Are “The Usual Burdens Of Voting”?, James M. Fischer
What Are “The Usual Burdens Of Voting”?, James M. Fischer
Georgia State University Law Review
This Article examines the development of the “usual burdens of voting” concept and looks at the evolution of voting in the United States to provide some context as to how voting burdens should be understood.
Constitutional Interpretation And Zombie Provisions, Michael L. Smith
Constitutional Interpretation And Zombie Provisions, Michael L. Smith
Georgia State University Law Review
This Article analyzes the presence of zombie provisions in the United States Constitution and state constitutions and the danger that these provisions may influence the interpretation of still-living constitutional provisions.
Federal Powers In A Pandemic, Julia Whitehead, Braden Leach
Federal Powers In A Pandemic, Julia Whitehead, Braden Leach
Georgia State University Law Review
This Article examines how the young federal government responded to infectious diseases to ascertain the limits of federal powers and analyzes how federal powers were used in response to the COVID-19 pandemic.
A Case For The Ages: Thompson And Preserving The Adea Statutory Time To File, Rachel Gadra Rankin
A Case For The Ages: Thompson And Preserving The Adea Statutory Time To File, Rachel Gadra Rankin
Georgia State University Law Review
This Note analyzes the contractual shortening of the ADEA’s filing period, contrasting it with Title VII’s requirements and advocating for legislative or judicial clarification.
The Georgian Case For Harmless Constitutional Error Reform, John Evan Laughter
The Georgian Case For Harmless Constitutional Error Reform, John Evan Laughter
Georgia State University Law Review
This Note examines Georgia’s application of harmless error review to constitutional errors and proposes a new standard to remedy deficiencies.
The U.S. Dual Banking System And Interest Rate Exportation: Challenging The Valid-When-Made Doctrine In California V. Office Of The Comptroller Of The Currency, Todd P. Stephenson
The U.S. Dual Banking System And Interest Rate Exportation: Challenging The Valid-When-Made Doctrine In California V. Office Of The Comptroller Of The Currency, Todd P. Stephenson
Georgia State University Law Review
This Comment explores the extension of interest rate exportation to nonbank entities through the valid-when-made doctrine and its subsequent legal challenge in the 2022 court case California v. OCC.
Table Of Contents, Georgia State University Law Review
Table Of Contents, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Cover Page, Georgia State University Law Review
Cover Page, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
First Inside Page, Georgia State University Law Review
First Inside Page, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Faculty Masthead, Georgia State University Law Review
Faculty Masthead, 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
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 …
Inside Front Cover Page, Georgia State University Law Review
Inside Front Cover Page, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Copyright Page, Georgia State University Law Review
Copyright Page, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Member Masthead, Georgia State University Law Review
Member Masthead, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Judging The Judiciary, Amanda B. Hurst
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
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
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
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
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 …
The Literary Language Of Privacy—How Judges' Use Of Literature Reveals Images Of Privacy In The Law, Elizabeth De Armond
The Literary Language Of Privacy—How Judges' Use Of Literature Reveals Images Of Privacy In The Law, Elizabeth De Armond
Georgia State University Law Review
George Orwell’s Nineteen Eighty-Four. When we think of literary works and privacy, that is the first book that comes to mind, and the same is true for judges penning privacy law opinions too. Although the novel is notable for expressing fears of authoritarian overreach, other literary works offer judges a tool for describing the plights of parties before them—parties who seek to vindicate breaches of privacy in many different forms. Nineteen Eighty-Four particularly suits cases that challenge government surveillance or non-governmental wiretapping. References to Franz Kafka and Joseph Heller illuminate other privacy harms, such as unease with governmental collection, …
Inside Front Cover Page, Georgia State University Law Review
Inside Front Cover Page, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Trading Nonenforcement, Ryan Snyder
Trading Nonenforcement, Ryan Snyder
Georgia State University Law Review
In recent years, federal agencies have increasingly used nonenforcement as a bargaining chip—promising not to enforce a legal requirement in exchange for a regulated party’s promise to do something else that the law doesn't require. This Article takes an in-depth look at how these nonenforcement trades work, why agencies and regulated parties make them, and the effects they have on social policy. The Article argues that these trades pose serious risks: Agencies often use trading to evade procedural and substantive limits on their power. The trades themselves present fairness problems, both because they tend to reward large, well-connected firms and …