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Articles 1021 - 1050 of 9189
Full-Text Articles in Law
Motor Vehicles And Traffic Child Safety Restraint Requirements: Amend Provision Relating To Safety Belts As Equipment And Safety Restraints For Children Under Four Years Of Age In Certain Vehicles; Require Children Four Years Of Age Or Younger In A Passenger Automobile To Be Restrained In An Approved Child Safety Restraint; Amend Exceptions To The Law, Mauricia Allen
Georgia State University Law Review
The Act changes the Georgia Code section relating to safety belts and safety restraints for children four years old or younger riding in a passenger automobile, van, or pickup truck. Specifically, the Act requires that all children four years old and younger be restrained in a federally approved child safety restraint system. The Act permits an exception for children whose parents have obtained a physician's written statement indicating that a physical or medical condition prevents the child from being restrained in such a device.
Professions And Businesses Student Loans: Provide Mandatory Suspension Of Professional Licenses For Default Or Breach Of A Repayment Or Service Obligation Under Any Federal Education Loan, Loan Repayment, Or Service Conditional Scholarship Program; Provide For Notice; Authorize The Division Director To Promulgate Appropriate Rules And Regulations; Provide For Reinstatement Of Such Suspended Licenses Under Certain Conditions, Mauricia Allen
Georgia State University Law Review
The Act provides for the mandatory suspension of the professional license of any individual who defaults on or breaches a repayment or service obligation under any federal educational loan. The Act requires that the licensee be given notice and an opportunity to appear before the Licensing Board prior to the suspension of the license. The Act further requires that once a license is suspended it will only be reinstated upon a written release by the reporting agency that the licensee is making payments on or satisfying the service requirements of the loan. The Act provides that reinstatement of the license …
Torts Negligent Or Improper Administration Of A Polygraph Examination: Delete The Provisions Relating To Administration Of The Polygraph In Conformity With The Provisions Of Former Chapter 36 Of Title 43 Of The Official Code Of Georgia Annotated, Tiffani Z. Moody
Georgia State University Law Review
The Act deletes certain provisions so as to eliminate a cause of action for persons claiming damages resulting from a polygraph examiner not being properly licensed. The licensing board was repealed in 1994, and therefore polygraph examiners are no longer even able to obtain the license that was formerly required.
Health Nursing Homes: Provide Conditions Under Which Certain Monetary Penalties May Be Imposed Against Nursing Facilities, Nursing Homes, Or Intermediate Care Homes; Provide For The Suspension Of Civil Monetary Penalties Against Such Facilities Under Certain Conditions; Provide That Under Certain Conditions Civil Monetary Penalties Imposed Shall Relate Back To The Date On Which Such Penalties Were Suspended; Provide That Nothing In The Act Should Be Construed To Require The State Survey Agency To Act In Violation Of Applicable Federal Law, Regulations, And Guidelines, Anne-Marie Motto
Georgia State University Law Review
The Act prohibits the Department of Human Resources (DHR) from fining or restricting the licensing of any nursing facility, nursing home, or intermediate care unit, for any act or omission for which that facility has already received an intermediate sanction or notice of intent to sanction. The Act further provides that if a monetary penalty is assessed, the DHR must resurvey the facility with forty-eight hours or the accrual of all monetary penalties will be suspended until the resurvey is completed. If, however, upon resurvey, the facility is still found to be non-compliant, the monetary penalties will relate back to …
Education Georgia Public Telecommunications Commission Act: Change Provisions Relating To The Establishment Of The Georgia Public Telecommunications Commission; Change The Composition Of The Georgia Public Telecommunications Commission; Provide For Related Matters, Bill Cristman
Georgia State University Law Review
The Act changes the composition of the Georgia Public Telecommunications Commission, which was formerly composed of six members appointed by the Governor and three ex officio members. The ex officio members were the State School Superintendent, the Chancellor of the University System, and the Commissioner of Technical and Adult Education. The Act removes the three ex officio members and mandates that the Governor shall appoint all nine members of the Commission. The terms of office of the three new members appointed under the Act will begin on July 1, 2001, and expire on June 30, 2002. From that point forward, …
Professions And Businesses Fair Health Care Billing: Provide For Legislative Findings And Intent; Provide For Standards Of Certain Health Benefit Plan Contracts And Provide For Obligations And Fees Thereunder; Prohibit Certain Collections And Legal Actions; Provide For Applicability; Require Information Regarding Laboratory Tests And Provide For Implementation And Immunity Relating Thereto, Jeffrey S. Bazinet
Georgia State University Law Review
The Act provides that all contracts between physicians and insurers offering managed care plans must be in writing and that neither insurers nor patients shall be liable for any medical fees which exceed contracted-for amounts The Act further provides that physicians may not collect or attempt to collect fees for which an insurer or a patient are not liable. The Act also gives the Composite State Board of Medical Examiners the authority to discipline a physician who fails to timely inform a patient that the physician has received the patient's laboratory results.
Motor Vehicles And Traffic Drivers' Licenses: Support The National Defense; Provide For Transmittal Of Information Regarding Certain Persons To The United States Selective Service System; Require Registration With The Selective Service System Or Consent Thereto At The Time Of Application Of Certain Persons For Issuance Or Renewal Of Drivers' Licenses Or Identification Cards; Change Certain Provisions Relating To Motor Vehicle Drivers' Licenses; Provide Legislative Findings And Declarations, Michael P. Johnson
Georgia State University Law Review
The Act adds a new section to the Georgia Code to require that any male applicant for any driver's license or identification card who is less than twenty-six years of age registers for the selective service in compliance with the United States Military Selective Service Act. The Act also requires the Department to give contemporaneous notice to the applicant that he will be so registered. The Act amends the Georgia Code by requiring that any information necessary for registering the applicant be transmitted to the Selective Service System in electronic format.
Education Elementary And Secondary Education: Provide Seven Days Of Paid Leave For Teacher Absent Because Of Physical Assault While Performing Job, Rebecca Barrett
Education Elementary And Secondary Education: Provide Seven Days Of Paid Leave For Teacher Absent Because Of Physical Assault While Performing Job, Rebecca Barrett
Georgia State University Law Review
The Act provides that teachers and other school personnel who are physically assaulted while they are performing their job duties will not have to take sick leave for the first seven days of their absence due to the injury. Additionally, the absent teacher or other personnel will not have their pay reduced or be required to pay for a substitute during that time.
Public Officers And Employees State Employee Health Insurance: Provide For Inclusion In State Health Insurance Plan Of State Employees Of The Georgia-Federal State Inspection Service Who Are Active Or Retired Members Of The Employees' Retirement System Of Georgia, Nikole M. Crow
Georgia State University Law Review
The Act changes the Georgia Code concerning state health insurance plan coverage of inspection service employees. The Act also provides for an effective date of coverage for retired employees.
Game And Fish Bill Fish And Tarpon: Change The Minimum Size Allowable For Possession Of Tarpon; Prohibit The Taking Of Atlantic Bill Fish Except For Catch And Release Programs, Russell P. Beets
Georgia State University Law Review
The Act repeals the framework for setting season, creel, and size ranges for sailfish, blue marlin, and white marlin. The Act increases the minimum size range for tarpon from 20-40 inches to 65-90 inches. Furthermore, the Act defines Atlantic billfish to track the definition used in federal regulations and prohibits the harvest or possession of Atlantic billfish in state waters, allowing only for catch and release.
Game And Fish Horseshoe Crabs: Define A Certain Term; Provide For The Opening And Closing Of The Waters Of The State To The Taking Of Horseshoe Crabs For Bait; Limit The Taking Of Horseshoe Crabs For Bait To Persons Who Possess A Valid Personal Commercial Fishing License; Prohibit The Taking And Possession Of More Than Twenty-Five Horseshoe Crabs; Provide For Interstate Transport Of Horseshoe Crabs; Provide For The Taking And Possession Of Horseshoe Crabs For Medical Purposes Pursuant To A Permit Issued By The Department Of Natural Resources; Provide For Exceptions, Russell P. Beets
Georgia State University Law Review
The Act prohibits the taking of horseshoe crabs for bait except during certain specified times. In order to harvest horseshoe crabs, individuals must obtain a valid commercial fishing license, and are limited to twenty-five horseshoe crabs per person or seventy-five per boat. However, an exception is provided for approved uses in the medical field, as long as the taker has a valid permit issued by the Georgia Department of Natural Resources. Furthermore, the Act does not prohibit the interstate import of horseshoe crabs provided the importer has a bona fide bill of lading as proof that such horseshoe crabs were …
Property General Provisions: Provide Protection For Failing To Disclose Certain Information During A Real Estate Transaction, Stephanie A. Everett
Property General Provisions: Provide Protection For Failing To Disclose Certain Information During A Real Estate Transaction, Stephanie A. Everett
Georgia State University Law Review
The Act protects brokers and licensees of brokers who fail to disclose that a property was occupied by a person with a virus or disease that is unlikely to be transmitted through occupancy of the dwelling place, or that the property was the site of a homicide, felony, suicide, or accidental death. The act prohibits a cause of action against any broker or licensee of the broker for failure to reveal this information absent a finding of fraud.
Education Elementary And Secondary Education: Require Secondary Public Schools To Notify Students Who Are Eligible Of Their Right To Register To Vote And To Offer Such Students The Opportunity To Register To Vote At The School During The Month Of April Of Each Year, Amy Pressley Mccarthy
Georgia State University Law Review
The Act requires secondary public schools to notify eligible students of their right to register to vote and to offer such students the opportunity to register to vote at school during the month of April of each year.
Game And Fish Hunting, Trapping, And Fishing: Make Certain Legislative Findings; Provide That The Department Of Natural Resources Has The Authority And Duty To Encourage Hunting And Fishing; Provide That Hunting And Fishing Is A Right; Provide That No Political Subdivision Of The State Shall Regulate Hunting, Trapping, Or Fishing By Local Ordinance; Provide Exceptions, Jeffrey S. Bazinet
Georgia State University Law Review
The Act makes hunting, trapping, and fishing a right. The Act also holds wildlife in trust by the State for the benefit of Georgia citizens. The Act further prohibits private ownership of wildlife without specific legislative exception. The Act also vests the Georgia Department of Natural Resources with the responsibility and authority to work with sportsmen and conservation groups for the purpose of encouraging participation in hunting and fishing to ensure that the opportunity to hunt and fish exist n perpetuity. The Act specifically provides that its provisions shall not infringe on private property owners' rights. The Act prohibits political …
Professions And Businesses Physicians, Physician's Assistants, And Respiratory Care: Enact Patient Right To Know Act; Provide For Creation, Contents, And Dissemination Of Physician Profiles; Provide For Right To File Grievance Against Medical Provider; Require Board To Investigate Every Grievance Filed; Establish Right Of Patient To Inquire About Cost Of Treatment Prior To Receiving Such Treatment, Josh Marks
Georgia State University Law Review
The Act changes confidentiality provisions concerning investigations of and disciplinary actions against doctors. By adding a new chapter to the Georgia Code, the Act enacts the Patients Right to Know Act, which creates a physician profiling system. The profiles contain background information about doctors including education, number of years in practice, any felony convictions, malpractice judgments, and revocation of hospital privileges. The Act also allows patients to find out the cost of medical treatments. Finally, the Act provides that patients can file grievances against doctors for treatment received.
Crimes And Offenses Sexual Offenses: Forfeiture Of Motor Vehicles, Proceeds And Money Used To Facilitate Child Prostitution; Offenses Against Public Administration: Change Penalties For Escape; Criminal Procedure: Sentencing; Penal Institutions: Probation; Revocation, Teresa Byokawski
Georgia State University Law Review
The Act, entitled the 2001 Crime Prevention Act, amends several sections of the Georgia Code relating to crimes, including changing the penalties for escape. The Act provides for forfeiture of motor vehicles, money and proceeds that facilitate sexual offenses. The Act also changes the authority of trial judges over sentencing and probation, as well as the penalties relating thereto.
The Supreme Court's Earliest Church-State Cases: Windows On Religious-Cultural-Political Conflict In The Early Republic, Michael W. Mcconnell
The Supreme Court's Earliest Church-State Cases: Windows On Religious-Cultural-Political Conflict In The Early Republic, Michael W. Mcconnell
Tulsa Law Review
No abstract provided.
By The Dawn's Early Light: The Administrative State Still Stands After The 2000 Supreme Court Term (Commerce Clause, Delegation, And Takings), Marla E. Mansfield
By The Dawn's Early Light: The Administrative State Still Stands After The 2000 Supreme Court Term (Commerce Clause, Delegation, And Takings), Marla E. Mansfield
Tulsa Law Review
No abstract provided.
Research To Practice: The Extent Of Consumer-Directed Funding By Mr/Dd State Agencies In Day And Employment Services, Deborah Metzel
Research To Practice: The Extent Of Consumer-Directed Funding By Mr/Dd State Agencies In Day And Employment Services, Deborah Metzel
Research to Practice Series, Institute for Community Inclusion
Individual control over service delivery and life choices is well established as a value in supports for individuals with developmental disabilities. One strategy for expanding choice is mechanisms that allow consumers to direct their funding. This brief reports on the prevalence of these options in state MR/DD agencies for 1999.
The Death Of Copyright: Digital Technology, Private Copying, And The Digital Millennium Copyright Act, Glynn S. Lunney Jr
The Death Of Copyright: Digital Technology, Private Copying, And The Digital Millennium Copyright Act, Glynn S. Lunney Jr
Faculty Scholarship
The advent of digital technology has increasingly stressed copyright's ability to protect adequately creative works. By widely dispersing the ability to make near-perfect copies, digital technology renders copyright's traditional approach of controlling unauthorized copying by direct legal action against the individual copier increasingly anachronistic. Fearing copyright's inability to cope with the resulting risk of widespread private copying, copyright producers requested and Congress enacted the Digital Millennium Copyright Act ("DMCA"). The DMCA prohibits almost entirely the use and distribution of decryption technology that would defeat encryption-based controls placed on digital works, and thereby enables copyright producers to rely on encryption to …
The Fourth Frontier: With No Clear Path Prepared, Court Takes On Two More Police Powers Cases, Kathryn R. Urbonya
The Fourth Frontier: With No Clear Path Prepared, Court Takes On Two More Police Powers Cases, Kathryn R. Urbonya
Popular Media
No abstract provided.
Playing The Game Of Life, John E. Donaldson
Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert
Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert
Articles
In the late 1920s and 1930s Japan had a jury system. It was suspended in 1943 as a wartime measure, but it had fallen into desuetude long before that. Arguably it was like the Spanish jury, which has several times risen during periods of relative political liberalism or populism and been suppressed during periods of militarism and autocracy. That is, it may be more than a coincidence that use of the Japanese jury fell precipitously during the 1930s as militarism took hold of the Japanese nation. Now the reinstatement of the Japanese jury is again being seriously considered. Similarly it …
Baby Steps Or One Fell Swoop?: The Incremental Extension Of Rights Is Not A Defensible Strategy, James M. Donovan
Baby Steps Or One Fell Swoop?: The Incremental Extension Of Rights Is Not A Defensible Strategy, James M. Donovan
Law Faculty Scholarly Articles
The problem of incrementalism emerges from the common practice of limiting certain rights only to groups on certified lists. Section I reviews this problem of the list, and how the failure of lists to include gay men and lesbians profoundly impacts their daily lives. Possible strategic responses to this problem (such as doing nothing, interpreting the current list to include us, eliminating the list altogether, or expanding the list to include us explicitly) are considered in Section II, concluding by focusing on a special kind of gradualism, list incrementalism. List incrementalism occurs when a right is extended to new groups …
Conservation And Natural Resources Water Pollution And Surface-Water Use: Create The Metropolitan North Georgia Water Planning District; Provide A Statement Of Legislative Intent And Purpose; Provide For Advisory Councils And Committees To The District; Provide For Watershed, Storm-Water, Waste-Water, Water Supply, And Conservation Management For The District; Promote Public Education And Awareness On Water Quality And Supply Issues; Provide For Oversight, Powers And Duties Of The District, Amy Haywood
Georgia State University Law Review
The Act, called the Metropolitan North Georgia Water Planning District Act, creates the Water Planning District, sets out its purpose, and defines terms and rules pertaining to water planning and management for those counties which participate in the District. The Act addresses watershed, stormwater, wastewater, water supply, and conservation management for the Atlanta metropolitan area. The Act creates oversight of the District, and advisory councils and committees to make recommendations to the District Board.
Health Regulation Of County And Municipal Hospital Authorities: Extend To Certain Nonprofit Corporations Operating Certain Medical Facilities And Exemption From Open Records And Open Meetings Requirements, Janice T. Hellmann
Georgia State University Law Review
The Act provides for Georgia nonprofit corporations, operating hospitals or other medical facilities for the benefit of a Georgia governmental entity (e.g., Medical College of Georgia (MCG) Health Inc.), to benefit from the same exemptions from open records and open meetings requirements that county and municipal hospital authorities have enjoyed since 1989. Specifically, the Act would exempt MCG from the disclosure of any data which could give other hospital authorities a competitive advantage.
Insurance Actions Against Insurance Companies: Change Provisions Relating To An Insurer's Liability For Bad Faith Refusal To Pay For Loss Covered By Insurance; Provide For Insurer's Duties With Respect To Settlement Of Motor Vehicle Liability Policy Claims; Provide For A Private Cause Of Action For Unfair Claims Settlement Practices In Certain Circumstances, Kathryn H. Wade
Georgia State University Law Review
The Act amends provisions relating to claims against insurance companies, increasing an insurer's liability for bad faith refusal to pay for a loss covered by insurance. The Act specifically identifies an insurer's duties with respect to the settlement of motor vehicle liability policy claims. In addition, the Act provides for a private cause of action for third parties injured as a result of unfair claims settlement practices in certain circumstances and provides for damages and procedures associated with that cause of action.
Insurance Kinds Of Insurance; Limits Of Risks; Reinsurance: Regulate Motor Vehicle Insurance, Coverage, And Proof Thereof, Change Certain Provisions Relating To Uninsured Motorist Coverage; Provide For Applicability And Exceptions; Change Certain Provisions Relating To Proof Of Insurance, Michael P. Johnson
Georgia State University Law Review
The Act requires that vehicle insurance policies be issued with a default amount of uninsured motorist coverage in amounts either equal to their personal coverage or with a minimum of $25,000 for injury or death of one person, $50,000 for injury or death of two or more persons, and $25,000 for property loss. The Act gives insured individuals the option of reducing their uninsured motorist coverage below the default minimum and omits language that allowed the insurer to reject non-written requests to increase coverage above the former statutory minimum. The Act also allows for the coverage agreed to when the …
Domestic Relations Child Custody Proceedings: Replace The Uniform Child Custody Jurisdiction Enforcement Act; Establish Updated, Uniform Procedures For Child Custody Proceedings; Provide How Courts Of This State Shall Treat Indian Tribes And Foreign Countries In Child Custody Proceedings And Enforcement Of Child Custody Determinations; Provide Remedies To Ensure Safety Of The Child; And Provide That Disclosure Of The Name And State Of A Family Violence Shelter Is Sufficient, Trishanda L. Hinton
Georgia State University Law Review
The Act updates the Uniform Child Custody Jurisdiction Act to include the requirements of the Hague Convention and two federal statutes enacted since the passage of the original law. The Act's primary changes include provisions for how the courts should treat Indian tribes and foreign countries with respect to a state court's jurisdiction and provisions to ensure a child's safety if a family violence situation should prevent detailed disclosure of the child's location.
Brief For The Appellant, State Of Rocky Mountain: Thirteenth Annual Pace National Environmental Moot Court Competition, David A. Grossman, Diane C. Mcguire, Colin C. O'Brien
Brief For The Appellant, State Of Rocky Mountain: Thirteenth Annual Pace National Environmental Moot Court Competition, David A. Grossman, Diane C. Mcguire, Colin C. O'Brien
Pace Environmental Law Review
No abstract provided.