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1998

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Articles 931 - 960 of 7676

Full-Text Articles in Law

The Rehnquist Court And State Constitutional Law, Marie L. Garibaldi Sep 1998

The Rehnquist Court And State Constitutional Law, Marie L. Garibaldi

Tulsa Law Review

No abstract provided.

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Fictional Persona Test: Copyright Preemption In Human Audiovisual Characters, Peter K. Yu Sep 1998

Fictional Persona Test: Copyright Preemption In Human Audiovisual Characters, Peter K. Yu

Faculty Scholarship

Whether a producer's copyright in human audiovisual characters preempts the actors' rights of publicity claims is the focus of this Note. Part I outlines the framework of state right of publicity law and traces the development of case law involving such a right. Because "[a]dvertisers who want to run a particular advertisement nationally must comply with the law of all fifty states," this Note focuses on the right of publicity of the state with the broadest interpretation-the state of California. This Part shows that, under existing California right of publicity law, virtually anything evoking one's personal identity, including copyrighted materials, …

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Entertainment And Copyright Law: Section 303 Of The Copyright Act Is Amended And A Pre-78 Phonorecord Distribution Of A Musical Work Is Not A Divestitive Publication, Jonathan C. Stewart, Daniel E. Wanat Sep 1998

Entertainment And Copyright Law: Section 303 Of The Copyright Act Is Amended And A Pre-78 Phonorecord Distribution Of A Musical Work Is Not A Divestitive Publication, Jonathan C. Stewart, Daniel E. Wanat

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

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Why Seeing Is No Longer Believing: Misappropriations Of Image And Speech, Lauri Deyhimy Sep 1998

Why Seeing Is No Longer Believing: Misappropriations Of Image And Speech, Lauri Deyhimy

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

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Upstaging The Playwright: The Joing Authorship Entanglement Between Dramaturgs And Playwrights, Jane C. Lee Sep 1998

Upstaging The Playwright: The Joing Authorship Entanglement Between Dramaturgs And Playwrights, Jane C. Lee

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

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Entertainment Law Directory Sep 1998

Entertainment Law Directory

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

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The Private Prison Experiment: A Private Sector Solution To Prison Overcrowding, Peter J. Duitsman Sep 1998

The Private Prison Experiment: A Private Sector Solution To Prison Overcrowding, Peter J. Duitsman

North Carolina Law Review

No abstract provided.

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Health Care Surrogate Statutes: Ethics Pitfalls Threaten The Interests Of Incompetent Patients, Aaron N. Krupp Sep 1998

Health Care Surrogate Statutes: Ethics Pitfalls Threaten The Interests Of Incompetent Patients, Aaron N. Krupp

West Virginia Law Review

No abstract provided.

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Heteronormativity And Federal Tax Policy, Nancy J. Knauer Sep 1998

Heteronormativity And Federal Tax Policy, Nancy J. Knauer

West Virginia Law Review

No abstract provided.

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Lie Detection: The Supreme Court's Polygraph Decision, Bennett L. Gershman Sep 1998

Lie Detection: The Supreme Court's Polygraph Decision, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

In United States v. Scheffer, decided this past Term, the Supreme Court considered for the first time the admissibility of polygraph evidence. The Court held that exclusion of such evidence on behalf of a criminal defendant was supported by valid justifications and offended no constitutional right to present a defense.

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Third-Party Defenses To Mortgages, Ann M. Burkhart Sep 1998

Third-Party Defenses To Mortgages, Ann M. Burkhart

BYU Law Review

No abstract provided.

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Crimes And Offenses Street Gang Terrorism And Prevention: Enact The Georgia Street Gangs Act Of 1998; Change Provisions Relating To Designated Felonies In Juvenile Court; Provide Procedures To Appoint Additional Assistant District Attorneys; Make Acts Designed To Prevent Information About Criminal Activities From Being Reported To Law Enforcement Unlawful; Make Certain Conduct Intended To Obstruct Justice Unlawful; Provide Enhanced Penalties For Terroristic Acts And Threats Done In Retaliation For Persons Having Cooperated With Law Enforcement;, Adam P. Princenthal Sep 1998

Crimes And Offenses Street Gang Terrorism And Prevention: Enact The Georgia Street Gangs Act Of 1998; Change Provisions Relating To Designated Felonies In Juvenile Court; Provide Procedures To Appoint Additional Assistant District Attorneys; Make Acts Designed To Prevent Information About Criminal Activities From Being Reported To Law Enforcement Unlawful; Make Certain Conduct Intended To Obstruct Justice Unlawful; Provide Enhanced Penalties For Terroristic Acts And Threats Done In Retaliation For Persons Having Cooperated With Law Enforcement;, Adam P. Princenthal

Georgia State University Law Review

The Act is intended to provide law enforcement and prosecutors with new tools to combat criminal gang activity. The Act approaches the problem of gang activity from multiple fronts. The anchor of the Act is section 8, which revises the Georgia Street Gang Terrorism and Prevention Act. The new Act focuses on gang activity, rather than gang membership. This new approach is intended to produce a more effective statute, while raising fewer constitutional concerns. Other sections of the Act deal with juveniles who violate the Street Gangs Act, bail for gang-related offenses, witness intimidation laws, and victims' rights laws.

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Criminal Procedure Trial Upon Accusation: Provide For Certain Crimes To Be Tried Upon Accusation When A Defendant Has Been Bound Over After A Finding Of Probable Cause, Alison W. Ellwanger Sep 1998

Criminal Procedure Trial Upon Accusation: Provide For Certain Crimes To Be Tried Upon Accusation When A Defendant Has Been Bound Over After A Finding Of Probable Cause, Alison W. Ellwanger

Georgia State University Law Review

The Act provides that certain felony and misdemeanor cases may be tried upon accusation after a probable cause hearing or after a waiver of such hearing, whether expressly or by operation of law. The crimes that may now be tried upon accusation include theft by taking, theft by receiving stolen property, theft by shoplifting, forgery and fraudulent practices, escape from custody, and other offenses related to confinement. Further, the Act provides that offenses relating to possession of firearms by convicted felons and first offenders on probation may be tried upon accusation.

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Highways, Bridges, And Ferries Regulations Of Maintenance And Use: Change Provisions Relating To The Outdoor Advertising Citizens Advisory Council; Provide For A Roadside Enhancement And Beautification Council; Change Authority For The Issuance Of Permits For Trimming And Removing Trees And Vegetation Along State Rights-Of-Way; Provide For A Roadside Enhancement And Beautification Fund; Change Provisions For The Application Of Tree Trimming And Removal Permits And Renewals; Provide Penalties And Remedies For Violations; Change Provisions Relating To The Promulgation Of Rules And Regulations By The Department Of Transportation, David C. Moulds Sep 1998

Highways, Bridges, And Ferries Regulations Of Maintenance And Use: Change Provisions Relating To The Outdoor Advertising Citizens Advisory Council; Provide For A Roadside Enhancement And Beautification Council; Change Authority For The Issuance Of Permits For Trimming And Removing Trees And Vegetation Along State Rights-Of-Way; Provide For A Roadside Enhancement And Beautification Fund; Change Provisions For The Application Of Tree Trimming And Removal Permits And Renewals; Provide Penalties And Remedies For Violations; Change Provisions Relating To The Promulgation Of Rules And Regulations By The Department Of Transportation, David C. Moulds

Georgia State University Law Review

The Act establishes a twelve-person Roadside Enhancement and Beautification Council to assist the Commissioner of the Georgia Department of Transportation (DOT) in formulating policies, evaluating problems, and administering an effective roadside management program for the State of Georgia. Additionally, the Act defines the authority of the DOT Commissioner to issue trimming permits for the removal of trees and vegetation along state rights-of-way. The Act also establishes a Roadside Enhancement and Beautification Fund to promote improvement projects along Georgia's public roads. Finally, the Act establishes the requirements and procedures for application and renewal of trimming permits, the regulation of use fees, …

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Eminent Domain Condemnation Procedure Generally: Provide For Award Of Reasonable Expenses In Condemnation Cases; Provide For Substantial Revision Of Provisions Relating To Special Masters In Condemnation Cases; Provide For Special Master Panels; Provide For Powers, Duties, And Procedures; Change Provisions Relating To Notices And Advertisements Regarding Acquisition Of Property For Transportation Purposes; Change Provisions Relating To Interlocutory Hearings Regarding Adequate Compensation, Glen R. Fagan Sep 1998

Eminent Domain Condemnation Procedure Generally: Provide For Award Of Reasonable Expenses In Condemnation Cases; Provide For Substantial Revision Of Provisions Relating To Special Masters In Condemnation Cases; Provide For Special Master Panels; Provide For Powers, Duties, And Procedures; Change Provisions Relating To Notices And Advertisements Regarding Acquisition Of Property For Transportation Purposes; Change Provisions Relating To Interlocutory Hearings Regarding Adequate Compensation, Glen R. Fagan

Georgia State University Law Review

The Act impacts the three statutorily defined methods of condemnation proceedings previously established by Georgia law. The three condemnation methods are: (1) the three assessor method; (2) the special master method; and (3) the declaration of taking method.' In condemnation proceedings over which assessors preside, the Act establishes minimal qualifications for assessors, limits the assessors' costs, and allows reasonable expenses to be awarded on appeal under certain circumstances. In condemnation proceedings before special masters, the Act provides for special master panels and allows reasonable expenses to be awarded on appeal under certain circumstances. The Act also provides for advertising procedures …

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Penal Institutions Sentence And Punishment: Impose Mandatory Imprisonment Term For Serious Violent Felonies; Deny First Offender Treatment To Those Persons Committing Serious Violent Felonies, Jessica Margolis Wright Sep 1998

Penal Institutions Sentence And Punishment: Impose Mandatory Imprisonment Term For Serious Violent Felonies; Deny First Offender Treatment To Those Persons Committing Serious Violent Felonies, Jessica Margolis Wright

Georgia State University Law Review

The Act imposes a mandatory term of imprisonment of not less than ten years for a defendant who commits a serious violent felony. The Act further provides that no portion of the ten-year sentence may be suspended, stayed, or reduced by any form of parole or commutation. The seven serious violent felonies include murder, rape, armed robbery, kidnaping, aggravated sodomy, aggravated child molestation, and aggravated sexual battery. The Act also explicitly provides that a defendant convicted of a serious violent felony shall be ineligible for first offender treatment.

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Courts Juvenile Proceedings, Parental Rights: Provide Guidance For Family Reunification, Termination Of Parental Rights, And Permanent Placement Of Children Removed From The Home, W. Marshall Sanders Sep 1998

Courts Juvenile Proceedings, Parental Rights: Provide Guidance For Family Reunification, Termination Of Parental Rights, And Permanent Placement Of Children Removed From The Home, W. Marshall Sanders

Georgia State University Law Review

The Act brings state law into compliance with federal guidelines and qualifies the state for funding under the federal Adoption and Safe Families Act of 1997. It establishes that the safety and welfare of a child is the paramount consideration in a court's decision to remove a child from an allegedly abusive or neglectful parent. The Act identifies certain aggravated circumstances under which a court may remove a child from the home without the need for a finding of reasonable efforts by the Georgia Department of Human Resources to reunify the family. It encourages courts and government agencies to assure …

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Courts Juvenile Proceedings, Parental Rights: Provide For Appointment Of Counsel Or Court Appointed Special Advocate As Guardian Ad Litem For A Minor In Deprivation Cases, William R. Joiner Sep 1998

Courts Juvenile Proceedings, Parental Rights: Provide For Appointment Of Counsel Or Court Appointed Special Advocate As Guardian Ad Litem For A Minor In Deprivation Cases, William R. Joiner

Georgia State University Law Review

The Act authorizes the appointment of counsel or a court appointed special advocate to act as a guardian ad litem for a minor in deprivation cases. The Act defines a court appointed special advocate as a carefully selected and trained volunteer whom a juvenile court appoints to serve as the guardian ad litem for a child in a deprivation case. The Act also neutralizes, in terms of gender, the former language of Code section 15-11-55.

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Civil Practice Dismissed Actions Which May Be Recommended In Federal Court: Provide A Limitation On Time To File Motion For Attorney's Fees In Dismissed Cases Arising From The Exercise Of Right Of Freedom Of Speech Or Right To Petition The Government For Redress Of Grievances; Provide For Attorney's Fees For Dismissed Cases Arising Out Of The Performance Of A Judicial Officer's Duties, Alison W. Ellwanger Sep 1998

Civil Practice Dismissed Actions Which May Be Recommended In Federal Court: Provide A Limitation On Time To File Motion For Attorney's Fees In Dismissed Cases Arising From The Exercise Of Right Of Freedom Of Speech Or Right To Petition The Government For Redress Of Grievances; Provide For Attorney's Fees For Dismissed Cases Arising Out Of The Performance Of A Judicial Officer's Duties, Alison W. Ellwanger

Georgia State University Law Review

The Act changes the language in the Georgia Code providing for the renewal of dismissed cases. The Act also provides that motions requesting attorney's fees in cases arising out of a defendant's exercise of free speech or right to petition the government for redress of grievances must be filed within forty-five days after the final disposition of the case. Finally, the Act provides that a plaintiff is liable for all attorney's fees arising out of a successful defense for the performance of a judicial officer's official duties.

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Conservation And Natural Resources Water Resources: Impose Civil Penalties Upon Public Water Systems For Certain Violations; Provide For Limitation Of Liability Under The Georgia Hazardous Site Reuse And Redevelopment Act; Change Criteria For Exemption Of Certain Properly From Liability, Amy E. Major Mcgruder Sep 1998

Conservation And Natural Resources Water Resources: Impose Civil Penalties Upon Public Water Systems For Certain Violations; Provide For Limitation Of Liability Under The Georgia Hazardous Site Reuse And Redevelopment Act; Change Criteria For Exemption Of Certain Properly From Liability, Amy E. Major Mcgruder

Georgia State University Law Review

The Act imposes civil penalties on public water systems that violate certain provisions of the Act or negligently or intentionally fail or refuse to comply with final orders issued by the Director of the Environmental Protection Division of Georgia's Department of Natural Resources (the Director). Further, the Act defines certain terms and provides for powers and duties of the Director. The Act also changes the liability exemption criteria of certain property and sets forth limitations of liability under the Georgia Hazardous Site Reuse and Redevelopment Act. Finally, the Act provides exceptions to such exemptions.

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State Government Tort Liability Of The State And Its Political Subdivisions: Provide Exceptions To State Liability; Provide That Political Subdivisions Of The State Shall Have No Liability For Computer Errors Resulting From Failure Or Malfunction Of Computer Software Relating To Processing Of Dates And Times; Provide That The State Shall Have No Liability For Computer Errors Resulting From Failure Or Malfunction Of Computer Software Relating To Processing Of Dates And Times, R. Lee Tucker Jr. Sep 1998

State Government Tort Liability Of The State And Its Political Subdivisions: Provide Exceptions To State Liability; Provide That Political Subdivisions Of The State Shall Have No Liability For Computer Errors Resulting From Failure Or Malfunction Of Computer Software Relating To Processing Of Dates And Times; Provide That The State Shall Have No Liability For Computer Errors Resulting From Failure Or Malfunction Of Computer Software Relating To Processing Of Dates And Times, R. Lee Tucker Jr.

Georgia State University Law Review

The Act grants immunity, under certain circumstances, to both the State of Georgia and to county and municipal governments for computer errors related to the processing of dates and times.

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Judicial Sales Advertisement: Require That Properties Subject To Judicial Sale Be Listed And Advertised By Legal Description, R. Lee Tucker Jr. Sep 1998

Judicial Sales Advertisement: Require That Properties Subject To Judicial Sale Be Listed And Advertised By Legal Description, R. Lee Tucker Jr.

Georgia State University Law Review

The Act changes the advertising requirements for real property listed for judicial sale. The Act requires that judicial sale notices advertising the availability of real property include the legal description of the property. The Act also provides that judicial sale notices may include the street address of the property.

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Health Healthcare For Children: Provide For A Health Insurance Program For Children Who Are Not Eligible For Medicaid Coverage, Carolyn A. Sawyer Sep 1998

Health Healthcare For Children: Provide For A Health Insurance Program For Children Who Are Not Eligible For Medicaid Coverage, Carolyn A. Sawyer

Georgia State University Law Review

The Act establishes the PeachCare for Kids Program, which provides health insurance coverage for children up to eighteen years of age. The Act states that PeachCare for Kids will be administered by the Georgia Department of Medical Assistance (DMA), and that the PeachCare program shall closely resemble the Medicaid Program, which is also administered by the DMA.

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Social Services Public Assistance: Extending Aid To Qualified Aliens Under The "Temporary Assistance For Needy Families Act", Christine A. Sullivan Sep 1998

Social Services Public Assistance: Extending Aid To Qualified Aliens Under The "Temporary Assistance For Needy Families Act", Christine A. Sullivan

Georgia State University Law Review

The Act extends the amount of time qualified aliens may receive funds under the Temporary Assistance for Needy Families Act from July 1, 1998 until July 1, 1999. It provides one additional year of temporary assistance to eligible qualified aliens who have children and who arrived in the United States on or after August 22, 1996, in order that they can become self-sufficient.

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Public Utilities And Public Transportation Telephone And Telegraph Service: Prohibit Certain Telephone Solicitations To Residential Subscribers Who Have Given Notice Of Their Objection To The Public Service Commission; Provide For Legislative Findings And Definitions; Provide For Data Base Construction And Fee; Require Certain Disclosure; Provide For Confidentiality; Restrict Caller Id Blocking; Provide For Civil Action; Provide For Enforcement By The Administrator Of Consumer Affairs, Kristine G. Visage Sep 1998

Public Utilities And Public Transportation Telephone And Telegraph Service: Prohibit Certain Telephone Solicitations To Residential Subscribers Who Have Given Notice Of Their Objection To The Public Service Commission; Provide For Legislative Findings And Definitions; Provide For Data Base Construction And Fee; Require Certain Disclosure; Provide For Confidentiality; Restrict Caller Id Blocking; Provide For Civil Action; Provide For Enforcement By The Administrator Of Consumer Affairs, Kristine G. Visage

Georgia State University Law Review

The Act prohibits telephone solicitations to residential telephone subscribers who indicate their opposition to such solicitations. Residents who do not wish to receive telephone solicitations may pay a fee to have their phone number entered into a data base. The Georgia Public Service Commission shall establish this data base and provide for its operation. Information contained in the data base will not be subject to public inspection or disclosure. The administrator of consumer affairs will provide enforcement. The Act provides for penalties in the event of noncompliance.

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Insurance Insurance Generally: Prohibit Disparate Insurance Coverage Between Physical Disorders And Mental Health Disorders Under Certain Conditions, Louann Yeattes Sep 1998

Insurance Insurance Generally: Prohibit Disparate Insurance Coverage Between Physical Disorders And Mental Health Disorders Under Certain Conditions, Louann Yeattes

Georgia State University Law Review

The Act provides for mental health parity under certain conditions. The Act applies to individual, small group, and large group policies; self-insured companies are exempted from the Act. In general, an employer is not required to offer mental health insurance coverage. However, if such coverage is offered, the Act provides that coverage of mental health disorders must be as extensive, provide the same degree of coverage, and provide the same annual lifetime dollar limits as coverage of physical disorders. Under the Act, separate deductibles and separate out-of-pocket limits continue to apply under small and large group health insurance plans. Additionally, …

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Revenue And Taxation Income Taxes: Provide For Income Tax Credits For Purchase Or Lease Of Certain New Low-Emission Vehicles Or Conversion Of Conventionally Fueled Vehicles, Patrick J. O'Connor Sep 1998

Revenue And Taxation Income Taxes: Provide For Income Tax Credits For Purchase Or Lease Of Certain New Low-Emission Vehicles Or Conversion Of Conventionally Fueled Vehicles, Patrick J. O'Connor

Georgia State University Law Review

The Act provides for an income tax credit to individuals and corporations who lease or purchase a new low-emission vehicle or who convert an existing conventionally fueled vehicle to a low emission vehicle on or after January 1, 1998. The new or converted vehicle must be registered in an area of Georgia that has not attained or maintained the National Ambient Air Quality Standard for ozone as designated by the United States Environmental Protection Agency. For the purchase or lease of a new vehicle, the tax credit is $1500. For a converted vehicle, the tax credit equals the cost of …

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The Law Of Insurance Company Claim Misconduct In West Virginia, Thomas C. Cady, Amy Andrews, Daniel Cuppett, Mark Glover, Mary Loss Sep 1998

The Law Of Insurance Company Claim Misconduct In West Virginia, Thomas C. Cady, Amy Andrews, Daniel Cuppett, Mark Glover, Mary Loss

West Virginia Law Review

No abstract provided.

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How Empirical Studies Can Affect Positively The Politics Of The Death Penalty, Ronald J. Tabak Sep 1998

How Empirical Studies Can Affect Positively The Politics Of The Death Penalty, Ronald J. Tabak

Cornell Law Review

No abstract provided.

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Update: American Public Opinion On The Death Penalty-It’S Getting Personal , Samuel R. Gross Sep 1998

Update: American Public Opinion On The Death Penalty-It’S Getting Personal , Samuel R. Gross

Cornell Law Review

No abstract provided.

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