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Articles 1 - 30 of 38
Full-Text Articles in Law
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 …
"Close The Sores Of War": Why Georgia Needs New Legislation To Address Its Confederate Monuments, Abigail Coker
"Close The Sores Of War": Why Georgia Needs New Legislation To Address Its Confederate Monuments, Abigail Coker
Georgia State University Law Review
Confederate monuments have been a point of contention in America for decades, but a series of events since 2015 have stoked the most recent movement calling for their removal. In 2015, Dylann Roof murdered Black churchgoers at a historically Black church in Charleston, South Carolina. Because Roof was seemingly motivated and emboldened by Confederate ideology, many focused their attention on removing the more than 700 Confederate monuments throughout the country. Then, in August 2017, a large white nationalist rally assembled in Charlottesville, Virginia, to protest the removal of a statue of Robert E. Lee from Charlottesville’s Emancipation Park. The demonstrations …
Hb 479: Repeal Of Georgia's Citizen's Arrest Law, Alex Beato, Melissa Davies
Hb 479: Repeal Of Georgia's Citizen's Arrest Law, Alex Beato, Melissa Davies
Georgia State University Law Review
The Act revises private arrest powers and repeals the Georgia Citizen’s Arrest Law in its entirety. The Act provides certain arresting powers for law enforcement officers when acting outside of their jurisdiction. In addition, the Act clarifies detention powers for shopkeepers of retail, food service establishments, and other business entities under certain circumstances.
Partisan Gerrymandering And Georgia: Red, White, And Blue Or Just Red And Blue?, Michael C. Freeman Jr.
Partisan Gerrymandering And Georgia: Red, White, And Blue Or Just Red And Blue?, Michael C. Freeman Jr.
Georgia State University Law Review
This Note will discuss the viability of the EG and its ramifications as part of a standard for evaluating the unconstitutionality of current and potential districting plans, particularly regarding Georgia’s 2015 plan. Part I outlines the judicial history of partisan gerrymandering and also provides an overview of the EG’s mechanics and the development of Georgia’s reapportionment schemes. Part II then examines the EG’s strengths and weaknesses, applies it and other factors to Georgia’s current districting map, and analyzes the map’s constitutionality. Finally, Part III proposes changes to Georgia’s current plan that, through legislative conformity to specified standards, will ensure adherence …
Don’T Let The Bed Bugs Bill: Landlord Liability For Bed Bug Infestations In Georgia, Megan M. Harrison
Don’T Let The Bed Bugs Bill: Landlord Liability For Bed Bug Infestations In Georgia, Megan M. Harrison
Georgia State University Law Review
Although the historical relationship between bed bugs and humans dates back to ancient Egypt, the common bed bug, or Cimex lectularius, vanished from the beds of Americans around World War II. In the late 1990s, however, our bloodsucking bedfellows returned. Bed bug infestations are a growing public health issue. Bed bugs are now found in all fifty states, with populations in five states reaching epidemic levels. Both the Environmental Protection Agency (EPA) and the Center for Disease Control and Prevention(CDC) consider bed bugs a “pest of significant public health importance."
Despite their name, bed bugs are not limited to …
Hb 192 - Banking And Finance, Caroline G. Mayson, Jesse C. Moore
Hb 192 - Banking And Finance, Caroline G. Mayson, Jesse C. Moore
Georgia State University Law Review
The Act changes the provisions relating to the responsibilities and standard of care for directors and officers of banks, trust companies, and corporations. The Act codifies the business judgment rule. The operative liability standard for directors and officers is gross negligence, as opposed to simple negligence, and directors and officers may rely on other individuals in the performance of their duties. A rebuttable presumption exists that directors and officers act in good faith.
Forty-Eight States Are Probably Not Wrong: An Argument For Modernizing Georgia’S Legal Malpractice Statute Of Limitations, Ben Rosichan
Forty-Eight States Are Probably Not Wrong: An Argument For Modernizing Georgia’S Legal Malpractice Statute Of Limitations, Ben Rosichan
Georgia State University Law Review
The legal profession is largely self-regulated, and each state has a bar association charged with creating and enforcing basic standards of professionalism and competence for attorneys. Unfortunately, attorneys do not always adhere to these standards. In Georgia, the State Bar can address attorney misconduct through remedial measures up to and including disbarment. The State Bar cannot, however, compensate wronged clients through monetary damages.Thus, some wronged clients must resort to a lawsuit for legal malpractice where a financial recovery is necessary to make the client whole again.
The statute of limitations for legal malpractice claims should not be so restrictive that …
A Promise Unfulfilled: Challenges To Georgia’S Death Penalty Statute Post-Furman, William Cody Newsome
A Promise Unfulfilled: Challenges To Georgia’S Death Penalty Statute Post-Furman, William Cody Newsome
Georgia State University Law Review
In Furman v. Georgia, the U.S. Supreme Court agreed with Furman’s counsel. Three Justices agreed that Georgia law, as applied, was arbitrary and potentially discriminatory. Moreover, one Justice challenged the value of the death penalty and doubted it served any of the alleged purposes for which it was employed.
Although many challenges subsequent to Furman have been raised and arguably resolved by the Court, the underlying challenges raised by Furman appear to remain prevalent with the Court. Justice Breyer recently echoed the concurring opinions of Furman in his dissenting opinion from Glossip v. Gross, when he stated: “In …
An Empirical Assessment Of Georgia’S Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall Lucas
An Empirical Assessment Of Georgia’S Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall Lucas
Georgia State University Law Review
In Atkins v. Virginia, the Supreme Court held that execution of people with intellectual disabilities violates the Eighth Amendment’s prohibition on cruel and unusual punishment. In doing so, the Court explicitly left to the states the question of which procedures would be used to identify such defendants as exempt from the death penalty. More than a decade before Atkins, Georgia was the first state to bar execution of people with intellectual disability. Yet, of the states that continue to impose the death penalty as a punishment for capital murder, Georgia is the only state that requires capital defendants …
Workin’ 9:00–5:00 For Nine Months: Assessing Pregnancy Discrimination Laws In Georgia, Kaitlyn Pettet
Workin’ 9:00–5:00 For Nine Months: Assessing Pregnancy Discrimination Laws In Georgia, Kaitlyn Pettet
Georgia State University Law Review
As demonstrated in this Note, there is still a considerable way to go before women are no longer forced to choose between pregnancy and keeping their career. Allegations of pregnancy discrimination in the workplace are also on the rise.
In 1997, 4,000 plaintiffs filed complaints with the Equal Employment Opportunity Commission (EEOC). By 2011, that number rose to 5,800. The EEOC won significant damages in pregnancy discrimination cases, demonstrating a greater tendency towards discrimination in the workplace. Additionally, this rise in claims and awards caught the attention of the nation’s media, placing new emphasis on the treatment of pregnant women …
Does The Punishment Fit The Crime?: Applying Eighth Amendment Proportionality Analysis To Georgia's Sex Offender Registration Statute And Residency And Employment Restrictions For Juvenile Offenders, Rebecca Shepard
Georgia State University Law Review
No abstract provided.
Georgia's New Evidence Code - An Overview, Paul S. Milich
Georgia's New Evidence Code - An Overview, Paul S. Milich
Georgia State University Law Review
On May 3, 2011, Governor Nathan Deal signed into law House Bill 24 (HB 24) bringing a new set of evidence rules to the State of Georgia.
The new rules went into effect on January 1, 2013. The author of this article was the Reporter for the State Bar Evidence Study Committee when new rules were first proposed back in the mid-1980s, and again throughout the recent, successful effort to reform the rules.
Part I of this article will give a brief history of the twenty-six-year effort to bring new evidence rules to Georgia. Part II will provide a structural …
Eminent Domain And Attorneys' Fees In Georgia: A Growing State's Need For A New Fee-Shifting Statute , Crystal Genteman
Eminent Domain And Attorneys' Fees In Georgia: A Growing State's Need For A New Fee-Shifting Statute , Crystal Genteman
Georgia State University Law Review
No abstract provided.
Dude, Where's My Wine? The Potential Effect Of Granholm V. Heald On Georgia Direct Wine Shipment Regulations, Shri M. Abhyankar
Dude, Where's My Wine? The Potential Effect Of Granholm V. Heald On Georgia Direct Wine Shipment Regulations, Shri M. Abhyankar
Georgia State University Law Review
No abstract provided.
Water Marketing In Western Prior Appropriation States: A Model For The East, James L. Huffman
Water Marketing In Western Prior Appropriation States: A Model For The East, James L. Huffman
Georgia State University Law Review
No abstract provided.
Have We Got A Deal For You: Can The East Borrow From The Western Water Marketing Experience?, Janet C. Neuman
Have We Got A Deal For You: Can The East Borrow From The Western Water Marketing Experience?, Janet C. Neuman
Georgia State University Law Review
No abstract provided.
Special Challenges To Water Markets In Riparian States, Joseph W. Dellapenna
Special Challenges To Water Markets In Riparian States, Joseph W. Dellapenna
Georgia State University Law Review
No abstract provided.
The Failure Of The Apalachicola-Chattahoochee-Flint River Basin And Alabama-Coosa-Tallapoosa River Basin Compacts And A Guide To The Successful Establishment Of Interstate Water Compacts, Charles T. Dumars, David Seeley
The Failure Of The Apalachicola-Chattahoochee-Flint River Basin And Alabama-Coosa-Tallapoosa River Basin Compacts And A Guide To The Successful Establishment Of Interstate Water Compacts, Charles T. Dumars, David Seeley
Georgia State University Law Review
No abstract provided.
Has Habeas Corpus Been Suspended In Georgia? Representing Indigent Prisoners On Georgia's Death Row, Jill Wasserman
Has Habeas Corpus Been Suspended In Georgia? Representing Indigent Prisoners On Georgia's Death Row, Jill Wasserman
Georgia State University Law Review
No abstract provided.
Now You See It, Now You Don't; A Georgia Perspective On Spoliation Of Evidence, Brooks Morel
Now You See It, Now You Don't; A Georgia Perspective On Spoliation Of Evidence, Brooks Morel
Georgia State University Law Review
No abstract provided.
Foreword: An Introduction To Urban Sprawl, Julian Juergensmeyer
Foreword: An Introduction To Urban Sprawl, Julian Juergensmeyer
Georgia State University Law Review
No abstract provided.
No Prelitigation Contractual Waiver Of Jury Trial: Bank South, N.A. V. Howard, A Step Backward For Georgia, Kimberly A. Stout
No Prelitigation Contractual Waiver Of Jury Trial: Bank South, N.A. V. Howard, A Step Backward For Georgia, Kimberly A. Stout
Georgia State University Law Review
No abstract provided.
On Moving Toward A Family Court In Georgia Without The Need For Constitutional Revision, Steven J. Messinger
On Moving Toward A Family Court In Georgia Without The Need For Constitutional Revision, Steven J. Messinger
Georgia State University Law Review
No abstract provided.
Alternative Dispute Resolution: Ancient Models Provide Modern Inspiration, Robert Benham, Ansley Boyd Barton
Alternative Dispute Resolution: Ancient Models Provide Modern Inspiration, Robert Benham, Ansley Boyd Barton
Georgia State University Law Review
No abstract provided.
Georgia Nuisance Law And The Takings Clause After Lucas V. South Carolina Coastal Council, F. Skip Sugarman
Georgia Nuisance Law And The Takings Clause After Lucas V. South Carolina Coastal Council, F. Skip Sugarman
Georgia State University Law Review
No abstract provided.
Review Of Selected 1994 Georgia Legislation, Karin Allen, Stephen Chance
Review Of Selected 1994 Georgia Legislation, Karin Allen, Stephen Chance
Georgia State University Law Review
No abstract provided.
Venue In Multidefendant Civil Practice In Georgia, Richard H. Barbe
Venue In Multidefendant Civil Practice In Georgia, Richard H. Barbe
Georgia State University Law Review
No abstract provided.
Are Excessive Punitive Damages Unconstitutional In Georgia?: The Question And More In Colonial Pipeline Co. V. Brown, H. Lee Pruett
Are Excessive Punitive Damages Unconstitutional In Georgia?: The Question And More In Colonial Pipeline Co. V. Brown, H. Lee Pruett
Georgia State University Law Review
No abstract provided.
Georgia's Lis Pendens Statute: Suggested Legislative Changes To Comply With Due Process, Jane E. Cronin
Georgia's Lis Pendens Statute: Suggested Legislative Changes To Comply With Due Process, Jane E. Cronin
Georgia State University Law Review
No abstract provided.