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Articles 1 - 30 of 76
Full-Text Articles in Law
Legal Pursuits Vol. 6 No. 1, Georgia State University Law Library
Legal Pursuits Vol. 6 No. 1, Georgia State University Law Library
Law Library Newsletters
No abstract provided.
Motor Vehicles And Traffic Registration And Licensing Of Motor Vehicles And Ad Valorem Taxation: Issue License Plates To Vehicle Owners Instead Of Vehicles; Allow License Plates To Be Transferred Between Vehicles Successively Owned By The Same Person; Amend Laws Concerning Ad Valorem Taxation Of Motor Vehicles, Corin Mccarthy
Georgia State University Law Review
The Act changes certain provisions of title 40 of the Georgia Code, by defining terms to eliminate confusion, by providing that license plates and revalidation decals be issued to vehicle owners instead of assigned to vehicles, by providing that license plates and revalidation decals be transferred between vehicles in certain circumstances, and by making various other administrative changes concerning the registration and licensing of vehicles. The Act also changes certain provision of title 48 of the Code, relating to revenue and taxation, by defining terms to eliminate confusion, by changing certain provisions relating to motor vehicles subject to ad valorem …
Motor Vehicles And Traffic Drivers' Licenses: Comply With The Provisions Of The Federal Driver's Privacy Protection Act; Provide Strict Guidelines For The Release Of Personal Information From Drivers' Licenses And Other Records Of The Department Of Public Safety, W. Kent Davis
Georgia State University Law Review
The Act implements provisions of the federal Driver's Privacy Protection Act. The Act goes beyond the provisions of the federal Act in many respects, however. It lays strict guidelines for the release of information held by the Department of Public Safety, delineating the parties to whom this information can be released and under what circumstances. The Act also ensures that records of such releases are maintained by the Department and made available to the individual who is the subject of the release.
Public Utilities And Public Transportation Distribution, Storage, And Sale Of Gas: Provide For Deregulation Of Natural Gas Services Upon Findings By The Public Service Commission; Provide Agency Approval Of Capacity Supply Plans; Establish Obligations Of An Electing Distribution Company, Heather Browning
Georgia State University Law Review
The Act allows for deregulation of the natural gas industry if certain conditions are met. These conditions are that thirty-three percent of the market must be served by marketers of gas, eighteen percent of which must be served by at least five marketers that are not affiliated with the distribution company given a monopoly over the distribution of natural gas. Under these conditions, the market is deemed to be competitive and consumers of gas will be notified that they should choose a marketer to provide gas service for them. The Public Service Commission will no longer set the rates for …
State Government Administrative Procedures: Provide That An Agency Shall Consider The Least Costly Alternative That Complies With The Statutory Directive In Formulating Certain Rules; Authorize Agencies To Grant Variances And Waivers From Compliance With Certain Rules Under Restricted Circumstances; Provide For Procedures And Exceptions; Provide For Review, James F. Merna
Georgia State University Law Review
The Act amends the Georgia Administrative Procedure Act to require state agencies to consider the least costly alternative to agency rules or regulations when petitioned by a party affected by the agency's regulation. The proposed alternative must still meet the purposes of the statutes that are the foundation for the rule. The Act provides relief to affected parties when the strict application of agency rules results in excessive costs to the party or other unintended results. The Act provides relief to affected parties by authorizing the regulating agency to grant variances and waivers from strict compliance with the rules.
Social Services Public Assistance: Repeal "Aid To Dependent Children Act"; Create "Temporary Assistance For Needy Families Act", Margaret Ann Shannon
Social Services Public Assistance: Repeal "Aid To Dependent Children Act"; Create "Temporary Assistance For Needy Families Act", Margaret Ann Shannon
Georgia State University Law Review
The Act repeals the Aid to Dependent Children Act and enacts Temporary Assistance for Needy Families Act (TANF). The Act provides for electronic transfer of payments, changes hearing provisions, and changes fraud and subpoena issuance provisions. It defines TANF terms, provides for TANF's purpose, for administration, and for assistance limits. The Act authorizes and requires the promulgation of rules and regulations, and provides guidelines for rules and regulations. It provides for the duties of the Board and Department of Human Resources. It provides ineligibility criteria, and provides for conduct authorizing reduction and termination. It provides for appeals, hearings, and a …
Professions And Businesses Physicians, Physician's Assistants, And Respiratory Care: Allow Access To Experimental Or Nonconventional Methods Of Medical Treatment, Andrew J. Surdykowski
Professions And Businesses Physicians, Physician's Assistants, And Respiratory Care: Allow Access To Experimental Or Nonconventional Methods Of Medical Treatment, Andrew J. Surdykowski
Georgia State University Law Review
The Act relates to the licensure of medical practice and provides individuals the right to be provided with any medical treatment desired or authorized under certain conditions. The Act specifically authorizes treatment that is experimental or nonconventional. A person licensed to practice medicine is given immunity from disciplinary actions that involve unprofessional practice or conduct in relation to treatment that complies with this Code section.
Property Landlord And Tenant: Provide For Commission Protection For Real Estate Brokers Subsequent To Any Transfer Or Conveyance Of Real Property Or A Leasehold Interest; Provide For Notices Of Commission Rights And Waiver And Release Of Commission Rights, Kathryn O'Neill Pulliam
Georgia State University Law Review
The Act makes the obligations of a landlord or tenant under a written brokerage commission agreement binding contractual obligations of such a landlord or tenant and of their respective grantees, successors, and assigns. The Act makes succeeding parties bound under such agreement after the sale, transfer, assignment, or other disposition of the subject property or leasehold interest if the conditions specified in the Act are satisfied. The Act provides for the form of notice of commission rights to be filed, as well as the place and timing of the filing. The provisions of the new Code section apply only to …
Revenue And Taxation Income Taxes: Provide For Non Income Taxation And No Withholding Tax On The Distributive Share Of A Nonresident Member Of A Resident Limited Partnership Which Derives Income Exclusively From Buying, Selling, Dealing In, And Holding Securities On Its Own Behalf, Assunta Deevey
Georgia State University Law Review
The Act provides for changes in the income taxation of nonresident members of resident limited partnerships. A nonresident member of a resident limited partnership which derives income exclusively from buying, selling, dealing in, or holding securities on its own behalf, not as a broker, is not required to include on his or her individual return his or her distributed shares, whether distributed or not, of the net income of the partnership for the taxable year. Such net income is not considered taxable income. The same type of nonresident member of a resident limited partnership is also not subject to a …
Public Health And Morals Abortion: Prohibit Partial-Birth Abortions; Define Partial-Birth Abortion; Provide For Criminal Sanctions Against One Performing Such Procedure; Provide For Exception To Exception To Criminal Sanctions When Such Procedure Is Necessary To Save Life Of Mother; Provide For Civil Remedy For Father And Maternal Grandparents, Subject To Certain Exceptions; Provide That Mother Is Not Subject To Criminal Sanctions For Violation Of This Code Section, James W. Standard Jr.
Georgia State University Law Review
The Act defines and prohibits partial-birth abortions. The Act subjects anyone who performs such an abortion and, thereby ends the life of a human fetus, to criminal liability. The Act excepts from prohibition a partial-birth abortion, which is performed and is necessary to save the life of the mother. The Act also provides that, subject to certain exceptions, the father and maternal grandparents have a civil cause of action when such an abortion is performed. The Act excludes the mother of the fetus from criminal liability under this Act for undergoing such an abortion.
Professions And Businesses Physicians, Physician's Assistants, And Respiratory Care: Require Out-Of-State Physicians Who Provide Patient Care In Georgia Via Telemedicine To Hold Georgia License, Katie Wood
Georgia State University Law Review
The Act requires physicians who are located outside the State of Georgia, but provide patient care inside the state via telemedicine, to be licensed to practice medicine in Georgia. The Act carves out limited exceptions, including a consultation at the request of a Georgia-licensed physician or where the consultation is provided at no charge.
State Government State Debt, Investment, And Depositories: Prohibit Access To Certain Records Of The Office Of Treasury And Fiscal Services By Exempting Them From The Open Records Act; Authorize The Director Of The Office Of Treasury And Fiscal Services To Invest In Specified Securities By Selling Or Purchasing Such Obligation Under Agreement To Resell Or Repurchase The Obligations, W. Kent Davis
Georgia State University Law Review
The Act exempts certain records of the Office of the Treasury and Fiscal Services - particularly records involving electronic fund transfers - from the Open Records Act by stating that they are not public and are not subject to inspection by the general populace. The Act also specifies which securities the Director of the Office of Treasury and Fiscal Services may invest in by selling and purchasing obligations under agreements to later resell or repurchase the obligations.
Penal Institutions Correctional Institutions Of State And Counties: Allow Privately-Operated Prisons To Utilize Penal Labor Following The Same Standards As State-Run Institutions, James D. Johnson
Georgia State University Law Review
The Act provides for privately-operated prisons to utilize state inmate labor in the same way that state-run prisons utilize inmate labor. Profits from any labor or products by these inmates will go to the state. The Act also provides for an official custodian of the Department of Corrections records and provides that certified records of the Department of Corrections be admissible in civil and criminal proceedings.
Social Services Public Assistance: Bar Participation By Person Convicted Of Violating Of Georgia Medical Assistance Act; Create Medicaid Fraud Forfeiture Act To Freeze Assets Of Fraud Suspects, Katie Wood
Georgia State University Law Review
The Act gives prosecutors the power to freeze and seize the property of Medicaid fraud suspects. The Act also gives the Department of Medical Assistance the authority to prohibit persons previously convicted of Medicaid fraud from participating in the program.
Wills, Trusts, And Administration Of Estates Wills, Probate, And Administration Of Estates: Amend 1996 Revision Of Georgia Probate Code; Authorize Appointment Of Additional County Administrators In All Counties; Clarify And Renumber Provision Relating To Effect Of A Decree Of Adoption; Change Provision Relating To Inheritance Of A Child Born Out Of Wedlock Through The Child's Father; Change Provisions For Petition For An Order That No Administration Is Necessary; Provide Discretion For Probate Judge To Order Separate Awards Of Year's Support For Minor Children And Surviving Spouse; Change Provision On Contracts Concerning Succession; Change Provision On Tim Limitation For Probate Of Wills; Provide That Proof Of Codicil Is Proof Of A Will In Certain Circumstances; Change Provisions Relating To Selection, Appointment, And Compensation Of Administrators And Personal Representatives; Change Provisions Relating To Notice And Time To Respond Or File Objections; Change Other Probate Procedures For Clarity And Efficiency, Stephen M. Dickson
Georgia State University Law Review
The Act changes existing law to allow probate judges in all Georgia counties to appoint assistant county administrators, regardless of the county's population. The Act makes changes to the new Georgia Probate Code, which was enacted by the 1996 General Assembly. Because the 1996 Code Revision was so extensive and important, it provided for a delayed effective date of January 1, 1998. The purpose behind the delay in implementation was to allow time for the legal community and other interested parties to analyze, make comments, and suggest changes to the new Probate Code. The Act makes various changes to improve …
The Discount Rate In Georgia Personal Injury And Wrongful Death Damage Calculations, Peter C. Eisemann
The Discount Rate In Georgia Personal Injury And Wrongful Death Damage Calculations, Peter C. Eisemann
Georgia State University Law Review
No abstract provided.
September 1997 Docket, Georgia State University College Of Law
September 1997 Docket, Georgia State University College Of Law
The Docket
No abstract provided.
Insurance Insurance Generally: Provide Provisions And Definitions Relating To Insurance, Recovery For Personal Injury From A Third Party, Settlement Of Claims, Right Of Reimbursement For Medical Expenses And Disability Payments, Set-Offs, Subrogation For Conflicting Provisions, Confidentiality Provisions, And Provisions For Notice To Third Parties, Amy E. Bergeron
Georgia State University Law Review
The Act relates to personal injury cases against third parties brought by or on behalf of a person to whom an insurance provider has paid medical benefits. The Act provides general provisions and definitions of insurance, including notice requirements, and provides for reimbursement of medical benefits paid to benefit providers when an injured person has been fully compensated for all economic and non-economic benefits. The Act further allows for allocations in a settlement or judgment among categories of damages. Additionally, the Act provides for a determination of attorney's fees and expenses associated with litigation.
Criminal Procedure Bonds And Recognizances: Release Surety From Liability At Discretion Of The Court When The Principal Uses A False Name, Rochelle Bozman
Criminal Procedure Bonds And Recognizances: Release Surety From Liability At Discretion Of The Court When The Principal Uses A False Name, Rochelle Bozman
Georgia State University Law Review
The Act changes the definition of out-of-state-bail jumping to simplify the language and include additional offenses. The Act also increases the penalties for bail jumping. Finally, the Act releases bail bondsmen from liability at the court's discretion when a defendant who has been committed to a correctional facility uses a false name, unless the bondsman knew or should have known that the defendant used a false name, provided that the bondsman acted with due diligence and used all practical means to secure the defendant's attendance before the court.
Civil Practice Executions And Judicial Sales: Reduce The Continuously Published Period To Become The County's Official Organ Designated To Run Official Or Legal Advertising, Brian J. Anderson
Georgia State University Law Review
The Act reduces the continuously published period requirement for a newspaper or journal to become a county's official organ designated to run official or legal advertising.
Debtor And Creditor Garnishment Proceedings: Provide Definitions; Provide Immunization And Reimbursement For Costs Of Banks And Other Financial Institutions; Provide Procedures For Banks In Possession Of Property, Dorsey E. Hopson Ii
Georgia State University Law Review
The Act requires that additional information be provided by creditors to banks and other financial institutions on certain affidavits and summonses when creditors attempt to garnish funds form a debtor's account. The Act immunizes banks and other financial institutions from liability if the fail to pay money from a debtor's account if the information needed to positively identify the debtor's account is not received by them. The Act further details the procedures a bank must follow when it has property or money in its safe deposit box, which is subject to garnishment by a creditor. The Act immunizes certain association …
Local Government Enterprise Zone Employment Act Of 1997: Provide For The Creation And Comprehensive Regulation Of Enterprise Zones Within Municipalities And Counties; Provide For Legislative Findings And Intent; Provide Definitions; Provide For Municipal And County Tax Credits And Exemptions Or Abatements For Qualified Businesses Within An Enterprise Zone; Provide For Procedures, Conditions, And Limitations; Provide For Powers, Duties, And Authority Of The Department Of Community Affairs, James F. Merna
Georgia State University Law Review
The Act provides municipal and county governments the authority to create Enterprise Zones to provide financial incentives for businesses to create or expand operations in those zones and create new jobs. The economic incentives are in the form of a graduated schedule for reduced property taxes, and other tax exemptions and abatements. Areas applying for the Enterprise Zone designation must meet strict criteria to show an economic need for development. The criteria includes disinvestment, underdevelopment, or economic decline resulting in general poverty and unemployment. The creation of new jobs is intended to assist the state in welfare reform.
Crimes And Offenses Offenses Against Public Administration: Prohibit Receipt Of Remuneration By Officials In Criminal Cases For Publishing Or Speaking On The Case Until Completion Of Direct Appeal, Rochelle Bozman
Georgia State University Law Review
The Act prohibits a judge, prosecuting attorney, investigating officer, or law enforcement officer who is a witness in a criminal case from receiving or agreeing to receive payment for publishing a book or article, making a public appearance, or participating in any commercial activity concerning a case on which they are involved from the time between indictment and completion of direct appeal.
Education School Safety Act: Require Superior Courts To Notify Local School System When A Juvenile Or Student Over Seventeen Is Convicted Of A Felony Or Criminal Offense; Provide For Student Code Of Conduct For The Local School Systems; Provide For Reporting Alleged Criminal Action By Student; Authorize Statewide Suspension Or Expulsion Of Students Convicted Of A Felony; Provide For Alternative Placement Of Such Students, Usha Ramachandran
Georgia State University Law Review
The Act requires superior courts in the state to give notice to the local school system when a student who is seventeen or older commits a felony. The superior court is also charged with providing written notice to the local school system if a juvenile commits a criminal offense that is in the exclusive jurisdiction of the superior court. The Act also provides that teachers of students who commit criminal offenses be informed, and the administrator of the school is charged with reporting any criminal act by the student. The Act authorizes a statewide expulsion or suspension of the student …
Domestic Relations Alimony And Child Support Generally; Enforcement Of Duty To Support; Parent And Child Relationship Generally, Jaimie Johnson
Domestic Relations Alimony And Child Support Generally; Enforcement Of Duty To Support; Parent And Child Relationship Generally, Jaimie Johnson
Georgia State University Law Review
The Act makes sweeping changes to Georgia's child and spousal support enforcement procedures by shifting the bulk of enforcement authority from the court system to the Child Support Enforcement Agency of the Department of Human Resources (DHR). First, the Act amends several of Georgia's alimony and child support statutes. It removes the statute of limitations for foreign judgments of child or spousal support orders and provides that child or spousal support orders cannot be changed retroactively or become dormant. It makes late child support payments judgments by operation of law, sets a time limit for contempt hearings, and allows for …
Conservation And Natural Resources Georgia Coastal Management Act: Provide For Preservation And Management Of The Coastal Zone, Nowell D. Berreth
Conservation And Natural Resources Georgia Coastal Management Act: Provide For Preservation And Management Of The Coastal Zone, Nowell D. Berreth
Georgia State University Law Review
The Act establishes the Georgia Coastal Zone Management Act. The Act provides for the following: a statement of findings of the General Assembly; the management and conservation of the coastal zone; the authority of the Department of Natural Resources; rules and regulations; the coordination and cooperation with other state agencies; and a sunset date.
Crimes And Offenses Offenses Against Health And Morals: Prohibit People Who Have Criminal Records From Residing In, Being Domiciled In, Or Being Employed By Certain Facilities, Alycen G. Adams
Georgia State University Law Review
The Act relates to the general provisions regarding offenses against health and morals, specifically adding sections prohibiting people who have committed certain crimes from residing, being domiciled, or being employed by a facility. The Act refers to a facility as any daycare center, family daycare home, groupcare facility, or group daycare home, or similar facility. The Department of Human Resources shall deny the issuance or revoke the license, commission, or registration of a facility that violates the Act.
Civil Practice Subpoenas: Allow Issuance Of Subpoenas For Depositions By Attorneys, Corin Mccarthy
Civil Practice Subpoenas: Allow Issuance Of Subpoenas For Depositions By Attorneys, Corin Mccarthy
Georgia State University Law Review
The Act concerns issuing subpoenas for taking depositions and for producing documents and tangible things at deposition. The Act provides that, upon agreement of the parties, an attorney may compel the presence of a witness at a deposition or command the production of documents and tangible things at the examination by issuing a subpoena under the attorney's own signature. However, an attorney may personally issue a subpoena for deposition or production only on behalf of a court in which the attorney is authorized to practice or a court for a venue where the deposition is to be taken and the …
Commerce And Trade Selling And Other Trade Practices: Provide Conditions Under Which A Revolving Credit Account Shall Be Presumed To Be Signed Or Accepted By A Buyer, Jeremy Emanuel Citron
Commerce And Trade Selling And Other Trade Practices: Provide Conditions Under Which A Revolving Credit Account Shall Be Presumed To Be Signed Or Accepted By A Buyer, Jeremy Emanuel Citron
Georgia State University Law Review
The Act provides that in a court action brought under the Retail Installment and Home Solicitation Sales Act, in which a seller brings a claim against a buyer whose account is in default, the seller will no longer have to produce an original copy of the credit agreement. The Act provides conditions that, once met, provide presumptive proof that the account has been accepted or signed by the buyer. The Act also provides conditions under which a revolving account becomes effective.
Courts Punitive Damages: Provide For Lifting The Cap On Punitive Damages For Torts Committed While Tortfeasors Are Under The Influence Of Drugs, Jeremy Emanuel Citron
Courts Punitive Damages: Provide For Lifting The Cap On Punitive Damages For Torts Committed While Tortfeasors Are Under The Influence Of Drugs, Jeremy Emanuel Citron
Georgia State University Law Review
The Act provides that a plaintiff, suing for a tort committed while the tortfeasor was under the influence of alcohol, drugs, or an intentionally taken substance that had the effect of impairing the person, can be compensated with punitive damages awarded against the tortfeasor. The Act does not require that such a tortfeasor display any intent to do harm or be acting in a malicious or aggravated manner. The Act does not limit the amount of punitive damages that may be awarded against the tortfeasor.