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Articles 991 - 1020 of 7801
Full-Text Articles in Law
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 Jury And Scientific Evidence, Richard O. Lempert
The Jury And Scientific Evidence, Richard O. Lempert
Articles
Read court decisions and commentaries from 100, or evenfive years ago, and you will find that experts and scientific evidence were causing problems then just as they are causing problems now. I do not think that Daubert, Kumho Tire, or any change in a rule of evidence will keep expert scientific testimony from being a difficult area for the legal system. Yet we must still ask: "What are the best terms on which to deal with scientific experts, and how can weimprove the system?"
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.
Replies & Responses/Tribute/Comments/Notes, North Carolina Law Review
Replies & Responses/Tribute/Comments/Notes, North Carolina Law Review
North Carolina Law Review
No abstract provided.
Survey Of Developments In North Carolina Law And The Fourth Circuit 1998, North Carolina Law Review
Survey Of Developments In North Carolina Law And The Fourth Circuit 1998, North Carolina Law Review
North Carolina Law Review
No abstract provided.
Chinese Real Estate Mortgage Law, Patrick A. Randolph Jr., Lou Jianbo
Chinese Real Estate Mortgage Law, Patrick A. Randolph Jr., Lou Jianbo
Washington International Law Journal
This Article reviews the developing Chinese law pertaining to real estate mortgage loans with a focus on the questions that an American practitioner might have about the Chinese system. It identifies those areas of difference between the American and Chinese systems that might raise concerns for an American practitioner. Attention is given to issues of concern both to parties functioning as lenders and to parties functioning as borrowers or investors in mortgaged property. Although Chinese lawmakers have made major steps in recent years to provide clarity and predictability in the laws pertaining to mortgages, some of these laws have minor …
The Dumping Of The New Carissa: An Analysis Of The Emergency Provisions Of The London Convention, Jill S. Murakami
The Dumping Of The New Carissa: An Analysis Of The Emergency Provisions Of The London Convention, Jill S. Murakami
Washington International Law Journal
The London Convention prohibits the dumping of hazardous materials into the ocean. This prohibition may, however, be suspended in emergencies. The bow of the M/V New Carissa ("New Carissa "), which contained approximately 135,000 gallons of oil, was dumped into the Pacific Ocean under the emergency provisions of the London Convention. An analysis of the dumping of the New Carissa illustrates the weaknesses of these provisions. As written, the provisions are ambiguous and open to varying interpretations. As a result, nations may use the emergency provisions as loopholes to dump substances that they would otherwise be prohibited from dumping, thereby …
Could "Bad Kids" Be Saved By Better Laws? A Comparison Of Current Federal Legislation Of The United States And Canada, Jessica Elaine Becker
Could "Bad Kids" Be Saved By Better Laws? A Comparison Of Current Federal Legislation Of The United States And Canada, Jessica Elaine Becker
Penn State International Law Review (1982 - 2011)
No abstract provided.
Presented By The Japan Federation Of Bar Associations, Shigeru Kobori
Presented By The Japan Federation Of Bar Associations, Shigeru Kobori
Penn State International Law Review (1982 - 2011)
No abstract provided.
A Model For Enhanced Risk Recovery In Tort, Andrew R. Klein
A Model For Enhanced Risk Recovery In Tort, Andrew R. Klein
Washington and Lee Law Review
No abstract provided.
Unwritten Constitutions, Unwritten Law, Walter O. Weyrauch
Unwritten Constitutions, Unwritten Law, Walter O. Weyrauch
Washington and Lee Law Review
No abstract provided.
Self-Insurance As Insurance In Liability Policy "Other Insurance" Provisions, Rory A. Goode
Self-Insurance As Insurance In Liability Policy "Other Insurance" Provisions, Rory A. Goode
Washington and Lee Law Review
No abstract provided.
Eradicating Discrimination Among Individuals With Disabilities: Parity In Employer-Provided, Long-Term Disability Benefit Plans, Andrea K. Short
Eradicating Discrimination Among Individuals With Disabilities: Parity In Employer-Provided, Long-Term Disability Benefit Plans, Andrea K. Short
Washington and Lee Law Review
No abstract provided.
Interpreting Words In A Patent, Douglas Y'Barbo
Interpreting Words In A Patent, Douglas Y'Barbo
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Why Domain Names Are Not Generic: An Analysis Of Why Domain Names Incorporating Generic Terms Are Entitled To Trademark Protection, Sarah E. Akhtar, Robert C. Cumbow
Why Domain Names Are Not Generic: An Analysis Of Why Domain Names Incorporating Generic Terms Are Entitled To Trademark Protection, Sarah E. Akhtar, Robert C. Cumbow
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The Believer's First Amendment (Review Of Separating Church And State, By Timothy L. Hall), Marcus Mumford
The Believer's First Amendment (Review Of Separating Church And State, By Timothy L. Hall), Marcus Mumford
BYU Law Review
No abstract provided.
Misunderstanding Director Duties: The Strange Case Of Virginia, Lyman Johnson
Misunderstanding Director Duties: The Strange Case Of Virginia, Lyman Johnson
Washington and Lee Law Review
No abstract provided.
Vol. 3, No. 1: In Tribute, Water Law Review
Vol. 3, No. 1: Table Of Contents, Water Law Review
Vol. 3, No. 1: Table Of Contents, Water Law Review
Water Law Review
No abstract provided.
The Colorado Supreme Court Addresses Reasonable Diligence In The Continuation Of A Conditional Water Right, Darrell Brown
The Colorado Supreme Court Addresses Reasonable Diligence In The Continuation Of A Conditional Water Right, Darrell Brown
Water Law Review
No abstract provided.