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Full-Text Articles in Law

Challenging The National Priorities List, Amelia Susan Magee Sep 1993

Challenging The National Priorities List, Amelia Susan Magee

Georgia State University Law Review

No abstract provided.


Property Commercial Real Estate Broker Lien Act: Provide For Civil Actions To Enforce Liens Of Commercial Real Estate Brokers, Glenn D. Baker Sep 1993

Property Commercial Real Estate Broker Lien Act: Provide For Civil Actions To Enforce Liens Of Commercial Real Estate Brokers, Glenn D. Baker

Georgia State University Law Review

The Act authorizes commercial real estate brokers to execute liens on commercial real estate arising out of a listing or any other agreement for the management, sale, or lease of commercial real estate. The Act permits real estate brokers to commence civil actions to enforce such liens and provides for the attachment of liens, the recording of claims for the liens, and the method for providing notice of the liens. The Act provides for escrow accounts in connection with claims for liens, for pleadings relating to these matters, and for release or extinguishment of such liens.


Evidence Best Evidence Rule: Revise Georgia Best Evidence Rule Relating To Admissibility Of Reproduction Made In The Regular Course Of Business, Gregory S. Esslinger Sep 1993

Evidence Best Evidence Rule: Revise Georgia Best Evidence Rule Relating To Admissibility Of Reproduction Made In The Regular Course Of Business, Gregory S. Esslinger

Georgia State University Law Review

The Act changes the requirements of the Georgia Best Evidence Rule relating to the admissibility of reproductions made in the regular course of business. The Act expands the scope of the rule by deleting the requirement that the image be nonerasable and that the reproduction be a permanent preservation of the original. The Act further amends the original Code section by providing that the original need not be accounted for only if the reproduction accurately reproduces or forms a durable medium for reproducing the original.


Banking And Finance Financial Institutions: Provide For Licensing Of Mortgage Lenders And Mortgage Brokers, J. Antonio Delcampo Sep 1993

Banking And Finance Financial Institutions: Provide For Licensing Of Mortgage Lenders And Mortgage Brokers, J. Antonio Delcampo

Georgia State University Law Review

The Act sets forth guidelines for the licensing and regulation of mortgage brokers and mortgage bankers by the state Department of Banking and Finance (Department). The Act calls for the Department to investigate mortgage companies and individual bankers applying for licenses and to review their lending practices before renewing licenses. A person convicted of violating the Act is guilty of a misdemeanor punishable by imprisonment for less than a year, by a fine not exceeding $1000, or by both.


Evidence Witness Generally: Limit Circumstances In Which Pharmacists May Be Required To Release Medical Information About Patients, James R. Westbury Jr. Sep 1993

Evidence Witness Generally: Limit Circumstances In Which Pharmacists May Be Required To Release Medical Information About Patients, James R. Westbury Jr.

Georgia State University Law Review

The Act prohibits a pharmacist from being required to release medical information about a patient, unless there is a written waiver by the patient or the patient's legal representative, a court order, or subpoena requiring release. Pharmacists releasing information pursuant to a waiver, court order, or subpoena are not liable for doing so. Patients waive the limited privilege of confidentiality provided to the Act to the extent that they their care of treatment at injuries in issue in an administrative, civil, or criminal proceeding.


Torts General Provisions: Provide Immunity To Dental Students, James R. Westbury Jr. Sep 1993

Torts General Provisions: Provide Immunity To Dental Students, James R. Westbury Jr.

Georgia State University Law Review

The Act immunizes dental students from tort liability for acts or omissions in providing dental treatment as part of their academic curriculum. Medical facilities, academic institutions, and dentists overseeing the work of the dental treatment are not provided immunity. The Act exempts willful of wanton conduct from the immunity.


Torts General Provisions: Provide Immunity To Physicians Providing Uncompensated Services To Nonprofessional Athletes, James R. Westbury Jr. Sep 1993

Torts General Provisions: Provide Immunity To Physicians Providing Uncompensated Services To Nonprofessional Athletes, James R. Westbury Jr.

Georgia State University Law Review

The Act immunizes licensed physicians from civil liability for acts or omissions committed while providing physical examinations or serving as team doctors on a voluntary basis to amateur or nonprofessional athletes. Physicians guilty of willful of wanton acts or omissions do not receive immunity.


Penal Institutions Sentence And Punishment: Provide For The Imposition Of Life Without Parole, Joanne D. Spotts Sep 1993

Penal Institutions Sentence And Punishment: Provide For The Imposition Of Life Without Parole, Joanne D. Spotts

Georgia State University Law Review

The Act provides for the imposition of a sentence of life imprisonment without parole on a defendant convicted of murder where the fact-finder (judge or jury) has found one or more statutory aggravating circumstances. Imprisonment for life without parole means that the defendant shall be incarcerated for what remains of his natural life without eligibility of parole.


Criminal Procedure Sentencing And Punishment: Permit Judicial Consideration Of Certain Evidence And Testimony In Cases Where The Death Penalty May Be Imposed, Katharyne C. Johnson Sep 1993

Criminal Procedure Sentencing And Punishment: Permit Judicial Consideration Of Certain Evidence And Testimony In Cases Where The Death Penalty May Be Imposed, Katharyne C. Johnson

Georgia State University Law Review

The Act amends Georgia law relating to the admissibility of victim impact evidence to include those cases in which life imprisonment or the death penalty may be imposed. The Act provides procedures for the introduction of evidence which demonstrates the emotional impact of the defendant's crime upon the victim, the victim's family, and the community. The evidence may be offered through the testimony of the victim, if living, or by a family member or other witness with personal knowledge of the characteristics of the victim and the emotional impact of the crime on the victim's family. The victim impact testimony …


Property Mortgages, Liens, And Security: Provide For Notice Of Lien Rights To Owners Of Real Property, Contractors, And Providers Of Labor, Services Or Materials, Katharyne C. Johnson Sep 1993

Property Mortgages, Liens, And Security: Provide For Notice Of Lien Rights To Owners Of Real Property, Contractors, And Providers Of Labor, Services Or Materials, Katharyne C. Johnson

Georgia State University Law Review

The Act provides that owners or contractors of real property must provide written notice of the identities of the property owner, the contractor, and any surety or construction lender for a construction project to persons who are not in privity of contract with the project contractor and who provide labor, services, or materials for the improvement of the property. Such written notice must also be filed with the clerk of the superior court of the county in which the project is located. The Act further provides that a person who supplies labor, services, or materials for the improvement of real …


Revenue And Taxation Income Taxes: Provide Provisions Regarding Treatment By Corporations Of Foreign Dividends, Job Tax Credits, Withholding Taxes On Distributions From Partnerships, Withholding Taxes On Transfers Of Real Property By Nonresidents, And Computer Software Ad Valorem Tax, Maria Friedman Sep 1993

Revenue And Taxation Income Taxes: Provide Provisions Regarding Treatment By Corporations Of Foreign Dividends, Job Tax Credits, Withholding Taxes On Distributions From Partnerships, Withholding Taxes On Transfers Of Real Property By Nonresidents, And Computer Software Ad Valorem Tax, Maria Friedman

Georgia State University Law Review

HB 536 clarifies which dividends received from foreign sources a corporation may deduct from its net income and creates a job tax credit program for jobs created in less developed areas. HB 384 creates a withholding tax equal to four percent of the distributions made from partnerships, S corporations, and limited liability companies that do business in Georgia to nonresident members. HB 385 creates a withholding tax on transfers of real property from nonresidents to residents. HB 350 changes the list of intangible personal property subject to ad valorem taxation to include computer software.


Conservation And Natural Resources Water Resources: Provide The Georgia Board Of Natural Resources The Power To Regulate Land Application Of Sewage Sludge And Provide The County In Which Sludge Is Applied The Power To Assess Monitoring Fees, Michael Paul Stevens Sep 1993

Conservation And Natural Resources Water Resources: Provide The Georgia Board Of Natural Resources The Power To Regulate Land Application Of Sewage Sludge And Provide The County In Which Sludge Is Applied The Power To Assess Monitoring Fees, Michael Paul Stevens

Georgia State University Law Review

The Act gives the Board of Natural Resources the power to adopt technical regulations for the land application of sewage sludge. Anyone wishing to apply sludge to land must obtain permission from the Director of the Georgia Environmental Protection Division (EPD). The local governing authority where the land application site is located may assess fees for third party monitoring of the site and may enjoin land application if the fees are not paid. Violators of the Act are subject to civil and criminal penalties.


Property Historic Preservation: Prohibit Power Of Eminent Domain From Creating, Altering, Or Affecting Conservation Easements, Michael Paul Stevens Sep 1993

Property Historic Preservation: Prohibit Power Of Eminent Domain From Creating, Altering, Or Affecting Conservation Easements, Michael Paul Stevens

Georgia State University Law Review

The Act changes how conservation easements may be created, altered or affected. Under the Act, conservation easements may not be created or expanded, but may be otherwise altered or affected by exercise of the power of eminent domain.


Commerce And Trade Brokerage Relationships In Real Estate Transactions: Provide Codification Of The Relationships Between Real Estate Brokers And Consumers Of Brokerage Services, Pamela G. Sullivan Sep 1993

Commerce And Trade Brokerage Relationships In Real Estate Transactions: Provide Codification Of The Relationships Between Real Estate Brokers And Consumers Of Brokerage Services, Pamela G. Sullivan

Georgia State University Law Review

The Act defines the legal relationship between a real estate broker and other parties to a real estate transaction, and establishes the duties and responsibilities in those relationships. The Provisions of the Act may serve as a basis for a defense or a private right of action by real estate brokers, sellers, buyers, landlords, and tenants.


Corporations, Partnerships, And Associations Business Corporations: Modify Or Add Certain Definitions And Procedures Relating To Corporations, Pamela G. Sullivan Sep 1993

Corporations, Partnerships, And Associations Business Corporations: Modify Or Add Certain Definitions And Procedures Relating To Corporations, Pamela G. Sullivan

Georgia State University Law Review

The Act consists primarily of technical revisions to existing law, but includes several changes which are of general interest. The amended statute now allows a written facsimile or other copy of a proxy in place of the original, gives chief executive officers (CEOs) the authority to take all actions not requiring board approval and clarifies voting rules for mergers. In addition, the Act changes the provisions relating to publication of notices of intent to file articles of incorporation, clarifies preemptive rights issues, and deletes from the savings provision the section regarding claims against a corporation in dissolution.


Crimes And Offenses Crimes Against The Person: Prohibit Stalking Of An Intended Victim, Peggy Ochandarena Sep 1993

Crimes And Offenses Crimes Against The Person: Prohibit Stalking Of An Intended Victim, Peggy Ochandarena

Georgia State University Law Review

The Act provides for the crimes of stalking and aggravated assault by defining important terms and providing penalties. Victims are entitled to notice of the offender's release if the victim provides specified information to officials to facilitate that notice. Constitutionally protected behavior and legitimate business activities are excluded. Persons charged with stalking or aggravated assault are entitled to pretrial release, but a released offender may have several conditions, outlined in the Act, attached to the release order. The Act amends the definition of family violence to include stalking and aggravated assault.


Professions And Businesses Patient Self-Referral: Prohibit Referral Of Patients By Health Care Providers To Entities In Which The Provider Holds An Investment Interest, Robert W. Griner Sep 1993

Professions And Businesses Patient Self-Referral: Prohibit Referral Of Patients By Health Care Providers To Entities In Which The Provider Holds An Investment Interest, Robert W. Griner

Georgia State University Law Review

The Act prohibits a health care provider from referring a patient to an entity providing health care services when the referring provider holds an investment interest in that entity. A transition period extending until July 1, 1996 is provided for those investment interests acquired prior to July 1. 1993. During this time, an otherwise prohibited referral may be made if specified disclosures are made to the patient. After July 1, 1996, a referral is prohibited unless there is demonstrated community need for the entity and other investment and referral criteria are satisfied.


Commercial Code Leases: Provide Regulations Relating To Leases Of Goods, Sarah B. King Sep 1993

Commercial Code Leases: Provide Regulations Relating To Leases Of Goods, Sarah B. King

Georgia State University Law Review

The Act amends Georgia's Commercial Code to add a new Article 2A, designed to uniformly and comprehensively address the legal issues raised by leasing transactions in goods. This addition to Georgia's Commercial Code follows Article 2A of the Uniform Commercial Code as amended in 1990.


Mainstream Economics And The Case For Prohibiting Inside Trading, Mark Klock Sep 1993

Mainstream Economics And The Case For Prohibiting Inside Trading, Mark Klock

Georgia State University Law Review

No abstract provided.


The Georgia Child Hearsay Statute And The Sixth Amendment: Is There A Confrontation?, Nicki Noel Vaughan Sep 1993

The Georgia Child Hearsay Statute And The Sixth Amendment: Is There A Confrontation?, Nicki Noel Vaughan

Georgia State University Law Review

No abstract provided.


Defamation Liability For Attorney Speech: A Policy-Based And Civility-Oriented Reconsideration Of The Absolute Privilege For Attorneys, Grace M. Giesel Sep 1993

Defamation Liability For Attorney Speech: A Policy-Based And Civility-Oriented Reconsideration Of The Absolute Privilege For Attorneys, Grace M. Giesel

Georgia State University Law Review

No abstract provided.


New Perspectives Of International Commercial Arbitration In Europe, Hans Dolinar Sep 1993

New Perspectives Of International Commercial Arbitration In Europe, Hans Dolinar

Georgia State University Law Review

No abstract provided.


Custody Disputes: The Case For Independent Lawyer-Mediators, Judy C. Cohn Sep 1993

Custody Disputes: The Case For Independent Lawyer-Mediators, Judy C. Cohn

Georgia State University Law Review

No abstract provided.


Live Organ Donations Between Siblings And The Best Interest Standard: Time For Stricter Judicial Intervention, Robert W. Griner Sep 1993

Live Organ Donations Between Siblings And The Best Interest Standard: Time For Stricter Judicial Intervention, Robert W. Griner

Georgia State University Law Review

No abstract provided.


Feed A Trust And Starve A Child: The Effectiveness Of Trust Protective Techniques Against Claims For Support And Alimony, Carolyn L. Dessin Sep 1993

Feed A Trust And Starve A Child: The Effectiveness Of Trust Protective Techniques Against Claims For Support And Alimony, Carolyn L. Dessin

Georgia State University Law Review

No abstract provided.


Limits On Supplemental Environmental Projects In Consent Agreements To Settle Clean Water Act Citizen Suits, Michael Paul Stevens Sep 1993

Limits On Supplemental Environmental Projects In Consent Agreements To Settle Clean Water Act Citizen Suits, Michael Paul Stevens

Georgia State University Law Review

No abstract provided.


Professions And Businesses Athlete Agents: Expand Protection For Student Athletes From Athlete Agents, Brian Weiss Sep 1993

Professions And Businesses Athlete Agents: Expand Protection For Student Athletes From Athlete Agents, Brian Weiss

Georgia State University Law Review

The Act changes the definition of the term athlete to protect student athletes while still enrolled in college even if they have completed their eligibility in a particular sport.


Domestic Relations Alimony And Child Support Generally: Provide For Payroll Deductions For Child Support And For Revisions Of Judgment For Permanent Alimony Or Child Support Generally When Authorized, Petition And Hearing; Cohabitation With Third Party As Grounds For Revision; Attorney Fees; Temporary Modification Pending Trial, Daliah Brill Sep 1993

Domestic Relations Alimony And Child Support Generally: Provide For Payroll Deductions For Child Support And For Revisions Of Judgment For Permanent Alimony Or Child Support Generally When Authorized, Petition And Hearing; Cohabitation With Third Party As Grounds For Revision; Attorney Fees; Temporary Modification Pending Trial, Daliah Brill

Georgia State University Law Review

These Acts relate to child support and alimony generally. HB 261 makes payroll deductions possible in a broad group of cases and does not does not restrict the use of payroll deductions in enforcement of support obligations to IV-D cases. SB 277 allows for revisions of judgments for alimony or child support when the recipient of support is cohabitating with a third party.


Motor Vehicles And Traffic; Penal Institutions Driver's Licenses, Probation: Modify Procedures And Penalties Relating To Driving Under The Influence Of Drugs Or Alcohol, Howard B. Jackson Sep 1993

Motor Vehicles And Traffic; Penal Institutions Driver's Licenses, Probation: Modify Procedures And Penalties Relating To Driving Under The Influence Of Drugs Or Alcohol, Howard B. Jackson

Georgia State University Law Review

SB 28 authorizes courts to require the installation of ignition interlock devices as a condition of probation for persons convicted of drunk driving twice within a five year period. HB 24 requires habitual violators and persons whose licenses have been suspended for DUI offenses to complete A DUI Alcohol or Drug Use Risk Reduction Program before receiving a new driver's license.


Penal Institutions General Provisions: Provide For Victim Notification By The Commissioner Of Corrections, Janice D. Ward Sep 1993

Penal Institutions General Provisions: Provide For Victim Notification By The Commissioner Of Corrections, Janice D. Ward

Georgia State University Law Review

The Act requires the Commissioner of Corrections to make a good faith effort to notify victims of crimes against the person of a change in the custodial status of the offender who victimized them. Victims who wish to be notified have the responsibility of keeping the Commissioner apprised of their current address. Six months after the effective date of an appropriations act containing a specific appropriation to fund the provisions of the Act.