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Articles 961 - 990 of 7778
Full-Text Articles in Law
The Religious Freedom Restoration Act: Postmortem Of A Failed Statute, Eric Alan Shumsky
The Religious Freedom Restoration Act: Postmortem Of A Failed Statute, Eric Alan Shumsky
West Virginia Law Review
No abstract provided.
United States V. Emerson: The Second Amendment As An Individual Right--Time To Settle The Issue, Scott A. Henderson
United States V. Emerson: The Second Amendment As An Individual Right--Time To Settle The Issue, Scott A. Henderson
West Virginia Law Review
No abstract provided.
Equitable Modification: Ameliorating The Harsh Consequences Of The Commonlaw Rule Against Pepetuities While Eliminating The Uncertainty Rule Against Perpetuities, Michael S. Bailey
Equitable Modification: Ameliorating The Harsh Consequences Of The Commonlaw Rule Against Pepetuities While Eliminating The Uncertainty Rule Against Perpetuities, Michael S. Bailey
West Virginia Law Review
No abstract provided.
A Circus Among The Circuits: Would The Truly Famous And Diluted Performer Please Stand Up? The Federal Trademark Dilution Act And Its Challenges, Xuan-Thao N. Nguyen
A Circus Among The Circuits: Would The Truly Famous And Diluted Performer Please Stand Up? The Federal Trademark Dilution Act And Its Challenges, Xuan-Thao N. Nguyen
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Terms Of Endearment And Articles Of Impeachment, Charles W. Collier
Terms Of Endearment And Articles Of Impeachment, Charles W. Collier
UF Law Faculty Publications
It is a long-established principle that presidential impeachment is an appropriate remedy only for “high Crimes and Misdemeanors” of a public nature (with the possible exception of private crimes so heinous that the President “cannot be permitted to remain at large”). The crux of this Essay's argument is that the President's affair with Monica Lewinsky was a private matter that was not rendered “public” simply because Mr. Clinton lied about it. With its vote against removing the President, the Senate seemed to agree.
Nuisances Abatement Of Nuisances Generally: Provide That A City Or County Attorney Or Solicitor-General May File An Action To Abate A Public Nuisance Or A Drug-Related Nuisance; Provide That These Remedies Are Cumulative Of Other Remedies, David J. Hungeling
Georgia State University Law Review
The Act empowers city and county attorneys or solicitors-general to file an action to abate a public nuisance or a nuisance that is created by unlawful sexual or drug-related activity. Prior law provided that only a district attorney could bring such an action. The Act also provides that the Code section relating to drug- related nuisances is cumulative of other remedies and is not to be construed to repeal existing remedies for drug-related nuisances. The Act also empowers city and county attorneys and solicitors-general to civilly prosecute any public nuisance.
Domestic Relations Alimony And Child Support Generally: Clarify That A Motion To Enforce An Alimony Or Child Support Order By Attachment For Contempt Is Part Of The Underlying Action And Does Not Constitute A New Action; Provide For The Nature Of Contempt Proceedings As Part Of The Underlying Alimony Or Child Support Action; Provide That A New Filing Fee Is Not Required For Such Actions, James M. Spielberger
Georgia State University Law Review
The Act amends Code section 19-6-28, which relates to the enforcement of orders for alimony or child support. It strikes subsection (a) in its entirety, which granted courts the power to subject respondents to terms and conditions they deem proper to assure compliance with orders, including the power to punish violators to the same extent provided by law for contempt in other actions or proceedings. The Act replaces the former law with a new subsection (a) that provides the same powers, but also includes a provision that any compliance proceeding will be a part of the original action. The new …
Education Elementary And Secondary Education: Require Local School Boards To Implement A Comprehensive Character Education Program For All Grade Levels; Provide For The Adoption Of Local School Board Policies To Improve Student Behavior And Discipline; Require State Board Of Education To Establish Minimum Standards For Such Policies; Provide For The Distribution And Availability Of Student Codes Of Conduct; Provide For The Authority Of Teachers And Principals With Respect To Classroom Management And Student Discipline; Provide For Grants To Local School Systems For Alternative Education Programs, Janet L. Bozeman
Georgia State University Law Review
The Act requires local school boards to create student codes of conduct, which define standards of behavior and contain a progressive discipline process. The State Board of Education will create model codes which schools may choose to follow. However, the local boards should provide opportunities for parental involvement when they develop their own codes. Teachers will have the authority to remove disruptive students from the classroom. Local school boards must establish reporting procedures that require teachers to submit a report describing why the teacher removed the student. The principal must send copies of the report and an account of any …
Social Services Programs And Protection For Children And Youth: Provide Employee Records Checks For Daycare Centers, Lara Smith
Georgia State University Law Review
The Acts require each daycare facility to appoint a director who has completed satisfactory federal and state fingerprint checks prior to being hired or appointed as director. Employees other than the director are required to have satisfactory preliminary state background checks, but they do not have to submit to state and federal fingerprint checks unless the preliminary background check is unsatisfactory. The Acts require persons without daycare responsibilities living in family daycare centers to undergo the same preliminary checks as employees of daycare facilities. The Acts provide that an applicant pay the fees for the records check. The Act that …
Corporations, Partnerships And Associations Limited Liability Companies: Provide For Default Rule Maintaining Continuous Existence Of Limited Liability Companies; Provide That Except As Established Otherwise In The Articles Of Organization Or Written Operating Agreement Of A Limited Liability Company, A Member Of A Limited Liability Company With Respect To Which The Event Of Dissociation Occurs Is Not Entitled To Receive Any Payment By Reason Of Such Event And Will Become An Assignee As To Such Limited Liability Company Interest, Michael E. Eisenstadt
Georgia State University Law Review
The Act amends the existing Georgia Limited Liability Company Act to provide that in the event of dissociation, a member of a limited liability company becomes an assignee to the interest of such limited liability company (LLC). A person can cease to be a member of an LLC in the following circumstances: by operation of law; by reason of his or her death or incapacity; if he or she is removed in accordance with the articles of organization or a written operating agreement of the LLC; by the majority vote assignment; when he or she assigns his or her interest …
Commerce And Trade Selling And Other Trade Practices: Provide For Standing, Damages, Burden Of Proof, And Venue; Prohibit Franchisor From Requiring A Dealer To Acquire Or Transfer A Line Of Automobiles; Prohibit Franchisors From Operating, Owning Or Controlling Certain Dealerships; Restrict Franchisor Activity In Relevant Market Area Of Existing Dealerships; Provide For Injunctions Against Prohibited Franchisor Acts; Restrict Ownership, Operation And Control Of Dealerships By Manufacturers And Franchisors; Prohibit Manufacturers And Franchisors From Unfairly Competing With Dealers, Robert C. Townley
Georgia State University Law Review
The Act changes the definitions of dealer and franchise and adds a definition for relevant market area. It provides for the filing of petitions with the Department of Revenue. It provides for standing, damages, burden of proof, and venue in actions under this Article. The Act provides for the change in management or sale or transfer of a dealership. It further allows a franchisor to limit such a change, sale, or transfer. The Act makes it unlawful for a franchisor to require a dealer to acquire or transfer a line of automobiles if the dealer does not agree. It prohibits …
Revenue And Taxation Ad Valorem Taxation Of Property: Authorize Disclosure To Taxpayers Of Additional Information Regarding The Basis Of An Assessment When The Assessed Value Of Real Property Is Increased By Less Than Fifteen Percent, Roger Williams
Georgia State University Law Review
The Act authorizes a county governing authority to provide by ordinance or resolution that notice to the taxpayer may be accompanied by a description of the basis for the new assessment when the assessment of the value of a taxpayer's real property exceeds the returned value of the property by less than fifteen percent. The notice may be required to contain a statement of the availability of all documents reviewed in the assessment process and a list of all comparable properties and other factors considered in establishing the new assessment.
Insurance Consumers' Insurance Advocate: Change Certain Provisions To Create The Consumers' Insurance Advocate And Deputy Advocate, William Grob
Georgia State University Law Review
The Act provides new guidelines for insurance rate regulation. The Act adds provisions for implementing two new positions a consumers' insurance advocate and a deputy advocate within the Governor's Office of Consumer Affairs.
Courts Juvenile Proceedings, Parental Rights: Provide For Stay Of Certain Proceedings Regarding A Child Who May Be Incompetent; Provide For Competency Hearings And Notice And Procedures Relating To Hearings; Provide For Plan Managers, Competency Plans, And Meetings; Provide For Commitment Of Child To Certain Agencies; Provide For Continuing Jurisdiction Over Children Determined To Be Incompetent, Jennifer Burch Dempsey
Georgia State University Law Review
The Act provides how and when a court can declare a child mentally incompetent at a delinquency or unruly conduct hearing. The Act sets forth procedures for a court to find a child incompetent and to declare any child who is determined to be mentally incompetent dependent on the court. The Act provides a mechanism for the development and implementation of a competency plan for the treatment, habilitation, support, or supervision of any child who the court deems incompetent to participate in an adjudication or disposition hearing.
State Government State Printing And Documents: Provide For Legislative Findings; Repeal The Prohibition Of Inspection Or Copying Of Law Enforcement Records For Commercial Solicitation; Change Provisions Relating To Inspection Reports; Provide For Circumstances When Such Reports May Be Inspected Or Copied; Provide That The Prohibitions, Procedures, And Fees Of The Article Do Not Apply When Public Records Are Requested In Writing By A Grand Jury, Taxing Authority, Law Enforcement Agency, Or Prosecuting Attorney In Certain Circumstances, John M. Merritt
Georgia State University Law Review
The Act repeals the portion of the Open Records Act that formerly authorized the State to criminally penalize those who copied Georgia Uniform Motor Vehicle Accident Reports for the purpose of soliciting lawsuits. The Act prohibits access to and copying of Georgia Uniform Motor Vehicle Accident Reports except by those individuals or entities that demonstrate in writing their need for the reports. Under the Act, only ten classes of individuals or entities qualify for this exception.
Motor Vehicles And Traffic Uniform Rules Of The Road: Change Certain Provisions Relating To Homicide Or Serious Injury By Vehicle; Change Certain Provisions Relating To Driving Under The Influence Of Intoxicating Substances; Change Certain Provisions Relating To Court- Ordered Installation Of Ignition Interlock Devices; Change Certain Provisions Relating To Limited Driving Permits For Certain Offenders; Change Certain Provisions Relating To Driving While A License Is Suspended Or Revoked; Change Certain Provisions Relating To Bailable Offenses, Roger T. Weitkamp
Georgia State University Law Review
The Act, known as Heidi's Law, changes several sections of the Georgia Code to impose more severe penalties and restrictions on persons convicted of driving under the influence of intoxicating substances (DUI). The Act increases the minimum and maximum sentences for convictions of homicide or serious injury by vehicle arising from certain types of Code violations. The Act also provides for a period of probation for persons convicted of DUI and sentenced to prison for less than twelve months. Further, the Act prohibits anyone convicted of a second DUI from driving a motor vehicle without an automobile ignition interlocking device …
Corporations, Partnerships, And Associations Business Corporations; Nonprofit Corporations; Revised Uniform Limited Partnership Act; Limited Liability Companies: Provide That Certain Documents Filed With The Secretary Of State May Be Signed By An Attorney In Fact; Provide That Certain Documents May Be Filed Electronically With The Secretary Of State; Provide That A Shareholder May By Means Of Electronic Transmission Appoint A Proxy Vote For Himself Or Herself; Provide That A Parent Corporation May Merge Itself Into A Subsidiary Corporation, Brian Leslie
Georgia State University Law Review
The Act provides that certain electronic media should be acceptable methods of processing procedural business documents. These electronic media include any means of processing communication that do not directly involve the physical transfer of paper documents from one entity to another. The Act enables the electronic filing of shareholder proxies and other documents with the Secretary of State. The Act encompasses business corporations, nonprofit corporations, limited partnerships, and limited liability corporations. In addition, the Act allows a parent corporation to merge into a subsidiary and updates several definitions, including what constitutes a beneficial owner and a foreign corporation.
Insurance Insurance Generally: Breast Cancer Patient Care Act, Donald L. Thomas
Insurance Insurance Generally: Breast Cancer Patient Care Act, Donald L. Thomas
Georgia State University Law Review
The Act requires health insurers to provide a minimum of inpatient medical care coverage for patients who undergo a mastectomy or lymph node dissection. The Act defines mastectomy and lymph node dissection and other terms used in the language of the Act. The Act further requires insurance carriers to provide notice of this Code section to their insured.
Crimes And Offenses Offenses Against Public Order And Safety: Reserve To The State The Right To Bring Certain Civil Actions Against Firearms Manufacturers, Trade Associations, And Dealers, Karen L. Dayton
Georgia State University Law Review
The Act declares that the lawful design, marketing, manufacture, or sale of firearms or ammunition do not constitute unreasonably dangerous activities and do not create a nuisance per se. The Act also gives the State of Georgia the right to bring suit against any trade association or dealer who conducts the activities listed above on behalf of any governmental unit created by the General Assembly or the Constitution of Georgia. However, the Act does not prohibit local governmental units from filing lawsuits based on breach of contract or breach of warranty theories of liability for firearms or ammunition purchased from …
Insurance Managed Healthcare Plans: Require Managed Care Plans And Health Maintenance Organizations To Make Certain Disclosures; Provide A Consumer Choice Option For Access To Out-Of-Network Providers And Hospitals; Prohibit Plans From Using Certain Financial Incentive And Disincentive Programs; Provide Timely Payment By Managed Care Plans; Prohibit Certain Penalties By Such Plans Against Healthcare Providers And Hospitals; Provide For Violations, Keri L. Patterson
Georgia State University Law Review
The Act requires managed care plans and health maintenance organizations to disclose all pertinent information regarding healthcare services or benefits under the plan to consumers. Consumers are also entitled to information regarding limitations on services, potential liability for using out-of-network providers, and financial obligations of the enrollee. Enrollees in a plan will also be given a consumer choice option providing additional access to out-of-network providers. The Act prohibits plans and organizations from compensating a health provider for providing less than medically necessary treatment or punishing a provider for giving appropriate care; the Act also mandates that healthcare providers or hospitals …
Penal Institutions Prison Litigation Reform: Provide That A Prisoner Filing A Writ Of Habeas Corpus Pay Fees From The Prisoner's Account; Prohibit In Forma Pauperis Filing By Prisoners Who Have Repeatedly Filed Frivolous Or Malicious Claims, Roger S. Williams
Georgia State University Law Review
The Act requires prisoners to pay costs and fees associated with the filing of a petition for writ of habeas corpus from their inmate accounts. The clerk of the court shall notify the superintendent of the institution in which the prisoner is incarcerated that a petition of habeas corpus has been filed. The inmate's account will then be frozen until all court costs and fees have been satisfied. The Act further prohibits prisoners, who have on three or more occasions filed malicious or frivolous actions, from filing an action in forma pauperis in any court of the state unless the …
Crimes And Offenses Crimes Against The Person: Provide Enhanced Penalties For The Commission Of The Offenses Of Simple Assault, Aggravated Assault, Simple Battery, And Aggravated Battery Against Persons In A Domestic Context; Change The Definition Of The Crime Of Cruelty To Children In The Second Degree; Provide Penalties For Certain Crimes Of Violence Committed In The Presence Of Children; Exclude Corporal Punishment Administered By Parents, Guardians, Or Others Acting In Loco Parentis From The Enhanced Penalties For Simple Assault Or Simple Battery, Roger T. Weitkamp
Georgia State University Law Review
The Act, entitled the Crimes Against Family Members Act of 1999, provides for broader and more severe penalties in cases of violence precipitated by domestic disputes. The Act enhances the penalties that judges may impose for assault and battery committed in a domestic setting. In addition, the Act equates commission of violent acts in the presence of minors with the crime of second-degree cruelty to children.
Crimes And Offenses Offenses Against Public Health And Morals: Make It Unlawful For Any Person Intentionally Or Willfully To Utilize A Computer On-Line Service, Internet Service, Or Local Bulletin Board Service To Seduce, Solicit, Lure, Or Entice, Or Attempt To Seduce, Solicit, Lure, Or Entice A Child, Tom Lundin
Georgia State University Law Review
The Act defines the crime of computer pornography and sets the penalty for its violation. The Act defines a child as one under sixteen years old and makes it a high misdemeanor for any person to use an on-line service to solicit or attempt to solicit a child, or one that he or she believes is a child, to commit certain sexual offenses. The Act also makes it a high and aggravated misdemeanor for on-line service owners or operators to intentionally or willfully permit a violation of this Code by others.
West Virginia's Adoption Statute: The History Of A Work In Progress, Lisa Kelly
West Virginia's Adoption Statute: The History Of A Work In Progress, Lisa Kelly
West Virginia Law Review
No abstract provided.
The Lonesome Death Of Alexander Reder, Alien Cloakmaker, Eric Tucker
The Lonesome Death Of Alexander Reder, Alien Cloakmaker, Eric Tucker
Articles & Book Chapters
By the end of the nineteenth century, politicians could no longer easily overlook the demands of the burgeoning labour movement. New laws began to set minimum standards in employment. One act protected striking Canadian workers by preventing employers from hiring across the line in the U.S. On paper it looked like progressive legislation. But when it came time to put the law into practice, there was an absence of will. Not even a tragic suicide could change the status quo.
Formal Legal Truth And Substantive Truth In Judicial Fact-Finding – Their Justified Divergence In Some Particular Cases, Robert S. Summers
Formal Legal Truth And Substantive Truth In Judicial Fact-Finding – Their Justified Divergence In Some Particular Cases, Robert S. Summers
Cornell Law Faculty Publications
Truth is a fundamental objective of adjudicative processes; ideally, ‘substantive’ as distinct from ‘formal legal’ truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. ‘Jury nullification’ and ‘jury equity’. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.
State Government Georgia Regional Transportation Authority Act: Provide For A Regional Transportation Authority, Donald Lee Biloa
State Government Georgia Regional Transportation Authority Act: Provide For A Regional Transportation Authority, Donald Lee Biloa
Georgia State University Law Review
The Act creates the Georgia Regional Transportation Authority (GRTA), and gives it significant power over transportation policy in counties that fail to comply with the federal Clean Air Act. The Act enumerates the powers of the authority and describes how the board of directors of the authority should be appointed. It also makes members of the GRTA board of directors members of the Governor's Development Council. Some sections of the Act deal with the removal of members of the GRTA board of directors. Additionally, the Act describes the relationship between GRTA and local governments and the enforcement mechanisms GRTA may …
Local Government Local Government Cable Fair Competition: Require Public Cable Service Providers To Conduct Cost-Benefit Analysis And Hold A Public Hearing Prior To Entering The Cable Service Market; Provide For Cost Accounting And Allocation And Prohibit Cross- Subsidization; Impose Fairness Requirements On Public Providers Regarding Franchise Agreements, Conditions Of Access To Public Property, And Price Or Rate Charged For The Cable Services; Provide For Applicability Of Open Meetings Laws; Subject Local Governments Acting As Cable Service Providers To Antitrust Liability, Michael E. Eisenstadt
Georgia State University Law Review
The Act requires public providers of cable television services to conduct a three-year cost-benefit analysis and hold at least one public hearing before they can deliver cable service in an area. Public providers must prepare and maintain proper records of the full cost accounting of providing their service in the same manner required from a private provider. A public provider may use capital from its general funds to finance its service, provided it allocates these funds in the calculation of its capital cost; it may not cross-subsidize its cable operation by using other funds and resources available to it without …
Torts Damages: Regulate The Transfer Of Structured Settlement Payment Rights; Provide That No Such Transfer Shall Be Effective Unless Certain Disclosures Are Made; Provide For A Right Of Rescission With Respect To Such Transactions; Provide For Enforcement, Vince Tilley
Georgia State University Law Review
The Act requires certain disclosures to structured settlement sellers, including discount rates, fees and other costs. The Act further provides for a cool- off period after parties execute such a transfer, during which a seller may rescind the contract without penalty. A violation of this Act shall also violate the Georgia Fair Business Practices Act (GFBPA). The Administrator of the GFBPA may enforce the provisions of this Act through administrative fines or a court-ordered injunction, if necessary.
Board Of Editors, North Carolina Law Review
Board Of Editors, North Carolina Law Review
North Carolina Law Review
No abstract provided.