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Articles 31 - 60 of 2243
Full-Text Articles in Law
Member Masthead, Georgia State University Law Review
Member Masthead, 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.
Table Of Contents, Georgia State University Law Review
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
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
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 …
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 Tourism Industry And Plastic Waste Policies - Comparative Perspectives From The Portuguese Experience, Marina Monne De Oliveira, Romulo S.R. Sampaio, Patricia Regina Pinheiro Sampaio
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 …
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.
Member Masthead, Georgia State University Law Review
Member Masthead, 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.
Table Of Contents, Georgia State University Law Review
Table Of Contents, 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 …
High Time To Revisit Federal Drug Sentencing: The Confusing Interplay Between Controlled Substances And Career Offender Sentence Enhancements, Carly Knight
Georgia State University Law Review
The 1970s in the United States were largely defined by wars, both foreign and domestic: the Vietnam War and the War on Drugs, respectively. As part of President Richard Nixon’s anti-drug offensive, Congress enacted the Controlled Substances Act (CSA), part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The CSA organized—and criminalized—various drugs into schedules based on their permissible uses and potential for abuse. As states enacted their own versions of the CSA, some states chose to criminalize additional substances that were not included in the CSA.
The Sentencing Reform Act of 1984 and the United States …
Degrees Of Losing: A Challenge To The Federal "Frozen Benefit Rule", Tuscan A. Fairfield
Degrees Of Losing: A Challenge To The Federal "Frozen Benefit Rule", Tuscan A. Fairfield
Georgia State University Law Review
The 2016 amendment to the Uniformed Services Former Spouses’ Protection Act dramatically changed the level of discretion afforded to states in dividing military retired pay between divorcing parties. Now, all divorces involving an active service member at the time of divorce must adhere to Congress’s strict formula when dividing the former spouse’s interest in the service member’s pension. This Note explores the question of whether Congress overstepped its constitutional limitations in directing the actions of state courts, whether the new rule may violate principles of equal protection doctrine, and whether a challenge to the novel scheme has any chance of …
Spring 2023 Cover Page, Georgia State University Law Review
Spring 2023 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.
Copyright Page, Georgia State University Law Review
Copyright Page, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Public Good Through Charter Schools?, Philip Hackney
Public Good Through Charter Schools?, Philip Hackney
Georgia State University Law Review
Should nonprofit charter schools be considered “charitable” under § 501(c)(3) of the Internal Revenue Code and be entitled to the benefits that go with that designation (income tax exemption, charitable contribution deduction, etc.)? Current tax law treats them as such; the question is whether there is a good rationale for this treatment. In addition to efficiency and equity, I consider political justice as a value in evaluating tax policy. By political justice, I mean a democratic system that prioritizes the opportunity for more people to have a voice in collective decisions (political voice equality or PVE). Thus, a tax policy …
Correcting Crooked Licensing Boards With A Revolving-Door Statute, Ronnie Thompson
Correcting Crooked Licensing Boards With A Revolving-Door Statute, Ronnie Thompson
Georgia State University Law Review
Contrary to conventional wisdom, occupational licensing restrictions do not serve a primary purpose of protecting consumers. They instead wage war on the market economy. This reality is unsurprising when one considers the makeup of a typical licensing board, which consists primarily of active market participants. These industry incumbents scheme to keep potential competitors out. Entrance exams for florists and onerous educational requirements for interior designers—absurd as they seem—become the rule rather than the exception. Despite their propensity for anticompetitive conduct, licensing boards elude review under the Sherman Act, the nation’s chief law regulating anticompetitive conduct. Licensing boards need not defend …
Canary In A Coal Mine: What It Means To Lose A Constitutional Right, Mary Ziegler
Canary In A Coal Mine: What It Means To Lose A Constitutional Right, Mary Ziegler
Georgia State University Law Review
Remarks on Dobbs v. Jackson Women's Health Organization by Mary Ziegler at the 66th Henry J. Miller Distinguished Lecture
Mitigating Peer-To-Peer Housing Impacts: Toward A Rational Nexus P2p Housing Impact Mitigation Strategy, Arthur C. Nelson
Mitigating Peer-To-Peer Housing Impacts: Toward A Rational Nexus P2p Housing Impact Mitigation Strategy, Arthur C. Nelson
Journal of Comparative Urban Law and Policy
Traveler lodging has been around since humans created tribes and certainly since they invented civilization. The internet and the rise of peer-to-peer, short-term housing has accelerated traveler and lodging opportunities. Today, Airbnb alone has nearly three million hosts offering more than seven million listings. This article explores the rise of “peer-to-peer,” or P2P housing, and offers economic, planning, and public policy perspectives.
Lisbon: Pelos Frutos Conhece-Se A Arvore: Food Waste In The Land Of Plenty, Becky Jacobs
Lisbon: Pelos Frutos Conhece-Se A Arvore: Food Waste In The Land Of Plenty, Becky Jacobs
Journal of Comparative Urban Law and Policy
According to the Food and Agriculture Organization of the United Nations, one-third of all food produced for human consumption, approximately 1.3 billion tons per year, is wasted or lost globally. Data as of March 1, 2020 indicates that Europe produces 88 million tons of food waste annually, of which approximately one million tons is food waste from Portugal. Portugal has, and Lisbon in particular has, been a leader on food loss and waste policy issues. This article will detail Portugal’s efforts to reduce food waste as well as other countries efforts.
Introduction, Karen Johnston
Introduction, Karen Johnston
Journal of Comparative Urban Law and Policy
This article provides an introduction to the Journal of Comparative Urban Law & Policy, the Study Space Program offered by Georgia State University College of Law, and the articles resulting from the Study Space Lisbon Program.
First Inside Page, Georgia State University Law Review
First Inside 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.
The Fourth Industrial Revolution And Legal Education, Steven R. Smith
The Fourth Industrial Revolution And Legal Education, Steven R. Smith
Georgia State University Law Review
A “Fourth Industrial Revolution” (4IR) will dramatically change current law students’ careers. Innovations in technology, business, and social structures will require different and more sophisticated legal services. Law school graduates will be responsible for harnessing, encouraging, and establishing legal controls that offer society the benefits of these new technologies while limiting the undesirable side effects. At the same time, the recurring, repetitive practice of law will begin to disappear as more work is done much cheaper and better by machines.
The 4IR presents extraordinary opportunities for law schools, the legal profession, and graduates, but it also presents significant challenges. To …
Choice Of Law And Time, Part Ii: Choice Of Law Clauses And Changing Law, Jeffrey L. Rensberger
Choice Of Law And Time, Part Ii: Choice Of Law Clauses And Changing Law, Jeffrey L. Rensberger
Georgia State University Law Review
Modern choice of law analysis usually honors the parties’ contractual choice of governing law. But what happens when the law selected by the parties changes between the time of their contracting and the time of litigation? Or what if the law of the state whose law would otherwise apply changes so that its policy is now offended by the choice of law clause although its policy was not violated when the parties contracted? These questions raise the often-overlooked temporal aspect of choice of law analysis. Should courts regard the law to be applied as fixed to the time of the …