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Articles 1 - 30 of 81
Full-Text Articles in Law
Buildings And Housing Landfills: Require Identification And Record Keeping, A. Butts-Cater
Buildings And Housing Landfills: Require Identification And Record Keeping, A. Butts-Cater
Georgia State University Law Review
The Act requires that all property on which a landfill is or has been located be properly identified. It also requires the Environmental Protection Division of the Department of Natural Resources to maintain certain landfill records. The Act mandates that deeds conveying an interest in land previously used as a commercial landfill include proper notice and other pertinent information related to the operation of the landfill. The Act imposes liability on the seller of real property if he willfully violates the Code provisions. Further, the Act creates a civil remedy for a purchaser of such land if the purchaser suffers …
Education Quality Basic Education Act: Amend Provisions, C. Christie
Education Quality Basic Education Act: Amend Provisions, C. Christie
Georgia State University Law Review
SB 588 amends the Quality Basic Education Act to provide information concerning student profiles and school system profiles to the public and to governmental offices. All data will be encoded into the state-wide comprehensive educational informational network to maintain the confidentiality of individual students.
Elections Ethics In Government: Relax Financial Disclosure Requirements, M. L. Davis, A. Jones
Elections Ethics In Government: Relax Financial Disclosure Requirements, M. L. Davis, A. Jones
Georgia State University Law Review
The Act amends the Code to decrease campaign contribution and financial disclosure filing requirements for certain public officers. The amendments reduce penalties for violations and permit candidates who do not have a campaign committee to fulfill the reporting requirements. Moreover, persons already holding public office but who do not intend to seek reelection are no longer required to file financial disclosure reports for the year preceding the end of their term. Finally, the filing date for all public officers is changed from April 15 to July 1.
Buildings And Housing Discriminatory Housing Practices: Establish Fair Housing Program And Complaint Process, D. Smith
Georgia State University Law Review
The Act supersedes previous laws addressing discrimination in the selling, leasing, and financing of housing and establishes new provisions prohibiting housing discrimination. The new provisions are substantially equivalent to the provisions of the federal Fair Housing Act.
Alcoholic Beverages Alcoholic Beverages: Impose Duty On Seller Or Provider To Verify Age Of Recipient, J. Voyles
Georgia State University Law Review
The Act imposes a duty upon persons furnishing alcoholic beverages to verify that the recipient is twenty-one years of age or older.
Corporations, Partnerships, And Associations Investment Advisory Business: Regulate, L. Bombich
Corporations, Partnerships, And Associations Investment Advisory Business: Regulate, L. Bombich
Georgia State University Law Review
The Act amends the Georgia Securities Act of 1973 to provide for the regulation of the investment advisory industry by requiring the registration of investment advisers and investment adviser representatives. The Act further provides for examinations; registration and renewal fees; the refusal, denial, and revocation of registration; bonds; the keeping of records and accounts, and the examination of these materials by representatives of the commissioner; rules, regulations, investigations, and hearings (including notice and opportunity for such hearings); cooperation with other jurisdictions; administrative, civil, and criminal actions; civil liability; and penalties for violations.
Courts Voluntary Pre-Appeal Settlement Conference: Provide For Procedures, M. Severson
Courts Voluntary Pre-Appeal Settlement Conference: Provide For Procedures, M. Severson
Georgia State University Law Review
The Act authorizes the establishment of voluntary pre-appeal settlement conference procedures by the court of appeals.
Crimes And Offenses Foreclosure Fraud: Provide Definitions And Penalties; Amend Fair Business Practices Act, M. Hines
Georgia State University Law Review
Together, the Acts strengthen the law relating to foreclosure fraud. SB 647 adds a new Code section making foreclosure fraud a felony. SB 648 amends the Fair Business Practices Act.
Health Chiropractic Practice: Allow Chiropractors To Recommend And Dispense Vitamins, Minerals, Or Food Supplements, S. Blaustein
Health Chiropractic Practice: Allow Chiropractors To Recommend And Dispense Vitamins, Minerals, Or Food Supplements, S. Blaustein
Georgia State University Law Review
The Act permits chiropractors to recommend and dispense vitamins, minerals, or food supplements to their patients. The Act prohibits the sale of these substances at a profit. Generic names for any substance recommended or dispensed must be provided.
Civil Practice Asbestos: Provide Specific Action For Injury To Real Property For A Limited Time, A. Haney
Civil Practice Asbestos: Provide Specific Action For Injury To Real Property For A Limited Time, A. Haney
Georgia State University Law Review
The Act creates a cause of action against manufacturers or suppliers of asbestos for damage to real property. It also extends the statute of limitations for bringing such actions to July 1, 1990 but bars commencement of claims after that date.
Conservation And Natural Resources Hazardous Waste Management: Provide For Direct State Government Operation And Management Of Hazardous Waste Facilities, A. Teel
Georgia State University Law Review
The Act amends the Georgia Hazardous Waste Management Authority Act by including within the definition of project the renovation of an existing waste treatment or disposal facility that provides for the treatment, storage, or disposal of any solid waste requiring special handling. The Act also adds a new provision which would permit the Department of Industry and Trade to plan, own, and operate a hazardous waste facility and to charge a fee for the use of such state facility. Additionally, the Act provides partial immunity from liability to members, officers, and employees of the Georgia Hazardous Waste Management Authority.
Constitution Of Georgia Immunity From Suit: Provide For Partial Waiver, A. Teel
Constitution Of Georgia Immunity From Suit: Provide For Partial Waiver, A. Teel
Georgia State University Law Review
The Resolution proposed an amendment to the Georgia Constitution which would have clarified the waiver of sovereign immunity when a state agency provided liability insurance coverage. Sovereign immunity would be waived by the purchase of insurance which covered the agency itself, but only for claims which were included in the coverage and only to the extent that any damages awarded would actually be paid by the insurer. The purchase of liability insurance covering state officers and employees would waive neither sovereign nor official immunity. The Resolution expressly stated that immunity of counties, municipalities and school districts would not be subject …
Domestic Relations Parent And Child: Expand Scope Of Grandparents' Visitation Rights, C. Henson
Domestic Relations Parent And Child: Expand Scope Of Grandparents' Visitation Rights, C. Henson
Georgia State University Law Review
The Act amends the Code to give grandparents the right to file an original action for visitation rights to a minor grandchild and provides for visitation rights in the event that the minor child is adopted by blood relatives. The Act also defines the term grandparent.
Health Omnibus Aids Bill, M. Severson
Health Omnibus Aids Bill, M. Severson
Georgia State University Law Review
The Act comprises a comprehensive package of legislation relating to AIDS. In general, the Act provides procedures and standards for HIV testing in both the criminal and civil contexts; delineates the requirements for confidentiality and counseling regarding AIDS information; provides criminal sanctions for HIV-infected individuals who know they are infected but fail to inform either their sexual partners or those with whom they share needles or syringes; requires the receipt of an AIDS information brochure prior to issuance of a marriage license; and defines HIV as contagious.
The Attorney-Client Privilege: The Common Law And Georgia's Uncommon Statutes, Paul S. Milich
The Attorney-Client Privilege: The Common Law And Georgia's Uncommon Statutes, Paul S. Milich
Georgia State University Law Review
No abstract provided.
Plant Closures And Relocations Under The National Labor Relations Act, Peter F. Munger, Stephen X. Munger, Thomas J. Munger
Plant Closures And Relocations Under The National Labor Relations Act, Peter F. Munger, Stephen X. Munger, Thomas J. Munger
Georgia State University Law Review
No abstract provided.
Protecting Lawyers Who Just Say No, Stephen Gillers
Protecting Lawyers Who Just Say No, Stephen Gillers
Georgia State University Law Review
No abstract provided.
Conservation And Natural Resources Plant Disease, Pest Control, And Pesticides: Limit Liability Of Farmers, A. Teel
Georgia State University Law Review
The Act establishes a negligence standard for farmers who pollute the land, waters, air, or other resources of the state through application or use of fertilizers, plant growth regulators, or pesticides.
Corporations, Partnerships, And Associations Limited Partnerships: Revise Georgia Uniform Limited Partnership Act, A. Jones
Georgia State University Law Review
The Act extensively revises Georgia law relating to limited partnerships. The Act provides for definitions and sets forth procedures relating to the execution, amendment, and cancellation of certificates of authority of both domestic and foreign limited partnerships. The Act provides for powers and potential liability of general and limited partners. The Act provides for registration of foreign limited partnerships and specifies choice of law rules.
Crimes And Offenses Bail Jumping: Redefine Offenses, A. Ware
Crimes And Offenses Bail Jumping: Redefine Offenses, A. Ware
Georgia State University Law Review
The Act expands the crime of misdemeanor bail jumping to include defendants charged with or convicted any misdemeanor who fail to appear as directed. In addition, the Act creates the new offense of out-of-state bail jumping and provides notice procedures applicable to felony, misdemeanor, and out-of-state bail jumping.
Crimes And Offenses Health Records: Prohibit Destruction, Alteration, Or Falsification, A. Butts-Cater
Crimes And Offenses Health Records: Prohibit Destruction, Alteration, Or Falsification, A. Butts-Cater
Georgia State University Law Review
The Act prohibits the knowing and willful falsification, alteration, or destruction of health records if done with an intent to conceal any material fact relating to a potential claim or cause of action.
Crimes And Offenses State-Wide Probation Act: Revise Certain Provisions, A. Ware
Crimes And Offenses State-Wide Probation Act: Revise Certain Provisions, A. Ware
Georgia State University Law Review
The Act revises the State-Wide Probation Act by creating a maximum period for probation and suspended sentences, setting standards for the revocation of such sentences, and limiting the amount of time that can be revoked, depending on the offense that constitutes the violation.
Criminal Procedure Death Penalty Cases: Provide For Review Of Pretrial Proceedings, A. Ware
Criminal Procedure Death Penalty Cases: Provide For Review Of Pretrial Proceedings, A. Ware
Georgia State University Law Review
The Act provides for discretionary review by the Georgia Supreme Court of all pretrial proceedings in death penalty cases. In addition, the Act sets forth procedures to be followed in ordering and conducting such a review.
Domestic Relations Uniform Child Custody Jurisdiction Act: Expand Definitions, A. Haney
Domestic Relations Uniform Child Custody Jurisdiction Act: Expand Definitions, A. Haney
Georgia State University Law Review
The Act expands certain definitions found in the Uniform Child Custody Jurisdiction Act. The definition of custody-proceedings is expanded to include adoption proceedings and the definition of state is expanded to include foreign countries.
Insurance Life Insurance: Grant To Publicly Owned Corporations An Insurable Interest In Employees, A. Butts-Cater
Insurance Life Insurance: Grant To Publicly Owned Corporations An Insurable Interest In Employees, A. Butts-Cater
Georgia State University Law Review
The Act amends the Code by granting to publicly owned corporations an insurable interest in their directors, officers, and employees, permitting employers to deduct as business expenses premiums paid for employees' term life insurance.
The Supreme Court Opens The Door To A Probationer's Home: Griffin V. Wisconsin, Anne E. Ware
The Supreme Court Opens The Door To A Probationer's Home: Griffin V. Wisconsin, Anne E. Ware
Georgia State University Law Review
No abstract provided.
Banking And Finance Trust Companies: Provide For Temporary Investment Of Fiduciary Funds, C. Henson
Banking And Finance Trust Companies: Provide For Temporary Investment Of Fiduciary Funds, C. Henson
Georgia State University Law Review
The Act provides statutory authority for current practices of trust companies relating to managed accounts, fees charged in connection with those accounts, and disclosure of such fees.
Conservation And Natural Resources Solid Waste Disposal: Limit Location Of Waste Facilities, C. White
Conservation And Natural Resources Solid Waste Disposal: Limit Location Of Waste Facilities, C. White
Georgia State University Law Review
The Act implements a good neighbor policy by requiring that a county obtain approval from a neighboring county before constructing a solid waste disposal site within one-half mile of the county line. Initially, the Act will apply only to counties with a population of at least 350,000 but in 1990 it will apply to all Georgia counties.
Corporations, Partnerships, And Associations Anti-Takeover Statute: Prohibit Business Combinations, C. White
Corporations, Partnerships, And Associations Anti-Takeover Statute: Prohibit Business Combinations, C. White
Georgia State University Law Review
The Act adds to the Georgia Corporation Code three sections which provide Georgia corporations with protection against hostile takeovers. The prohibitions of the Act freeze-out any type of business combination with interested shareholders unless either ninety percent of the outstanding voting shares are purchased or the Board of Directors approves the combination. The freeze-out lasts five years unless an interested shareholder reaches ninety percent ownership and obtains shareholder approval. The Act only applies to Georgia corporations which specifically incorporate its provisions into their bylaws.
Crimes And Offenses Bad Checks: Extend Right To Initiate Prosecution To Subsequent Holders In Due Course, C. Peterson
Crimes And Offenses Bad Checks: Extend Right To Initiate Prosecution To Subsequent Holders In Due Course, C. Peterson
Georgia State University Law Review
The Act allows subsequent holders in due course to institute prosecution of the initial drawer of a bad check.