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2003

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Articles 1141 - 1170 of 8877

Full-Text Articles in Law

Reservations About Retribution In Secular Society, Steven F. Huefner Sep 2003

Reservations About Retribution In Secular Society, Steven F. Huefner

BYU Law Review

No abstract provided.


Civil Practice Civil Practice Act: Allow For Discretionary Appeal Of Class Certification; Adopt Federal Rule Of Civil Procedure 23 Pertaining To Class Actions; Amend Interest Amount On Judgments; Prohibit Third Voluntary Dismissal By Plaintiff; Permit Courts To Use Discretion In Declining Jurisdiction When Another Forum Is More Convenient; Change The Pre-Judgment Interest Rate; Provide For Vacation Of An Arbitration Award Based Upon An Arbitrator's Manifest Disregard For The Law, Ashley Harris, Crystal Ferrier, Andrew Lewinter Sep 2003

Civil Practice Civil Practice Act: Allow For Discretionary Appeal Of Class Certification; Adopt Federal Rule Of Civil Procedure 23 Pertaining To Class Actions; Amend Interest Amount On Judgments; Prohibit Third Voluntary Dismissal By Plaintiff; Permit Courts To Use Discretion In Declining Jurisdiction When Another Forum Is More Convenient; Change The Pre-Judgment Interest Rate; Provide For Vacation Of An Arbitration Award Based Upon An Arbitrator's Manifest Disregard For The Law, Ashley Harris, Crystal Ferrier, Andrew Lewinter

Georgia State University Law Review

The Act replaces the Georgia rule relating to class actions by adopting Federal Rule of Civil Procedure 23. The Federal Rule allows for a discretionary intermediate appeal which existing state law did not allow. The Act amends the Georgia Code to allow courts to vacate arbitration awards when the arbitrator disregarded background substantive law in making a decision. The Act changes pre-judgment interest amounts on civil awards. Further, the Act prohibits plaintiffs from filing the same claim three times after voluntarily dismissing the claim twice. The Act also gives courts more discretion to deny jurisdiction in civil actions against nonresident …


Courts Juvenile Proceedings: Provide For Additional Placement Options; Change Certain Provisions Regarding Reunification Efforts; Change Certain Provisions Regarding Child Placement Following Termination Orders; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws, Bryan Graff Sep 2003

Courts Juvenile Proceedings: Provide For Additional Placement Options; Change Certain Provisions Regarding Reunification Efforts; Change Certain Provisions Regarding Child Placement Following Termination Orders; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws, Bryan Graff

Georgia State University Law Review

The Act provides for greater foster parent awareness and participation in permanency and placement determinations and establishes a 90-day limit after a child is removed from the home to conduct a search for blood relatives or others who have made an ongoing commitment to the child. Additionally, the Act authorizes consideration of permanently placing children in the custody of licensed public and private agencies or organizations.


Fire Protection And Safety Regulation Of Fireworks: Prohibits Unlicensed Pyrotechnic Displays Before Proximate Audiences, Caskey Adam Sep 2003

Fire Protection And Safety Regulation Of Fireworks: Prohibits Unlicensed Pyrotechnic Displays Before Proximate Audiences, Caskey Adam

Georgia State University Law Review

The Act requires any person or company operating a pyrotechnic display before a proximate audience to obtain from the Safety Fire Commissioner a license, which may only be obtained upon proof that the applicant has liability insurance of at least $1,000,000. Applicants desiring to operate a pyrotechnic display before a proximate audience must also follow the same permitting procedures required of individuals operating a fireworks display. Furthermore, the permit may be granted only if the local fire official has approved the site. The probate judge must send the Safety Fire Commissioner a copy of each permit issued to ensure that …


Domestic Relations Marriage Generally: Remove The Requirement For Premarital Testing For Syphilis Prior To The Issuance Of A Marriage License, Fuller Judith Sep 2003

Domestic Relations Marriage Generally: Remove The Requirement For Premarital Testing For Syphilis Prior To The Issuance Of A Marriage License, Fuller Judith

Georgia State University Law Review

The Act removes the requirement for premarital blood testing when applying for a marriage license.


Education Elementary And Secondary Education: Provide A Cause Of Action For Improper Solicitation Of High School Athletes And Require High Schools To Disclose The Names Of All Student Athletes, Johnson Kimberly Sep 2003

Education Elementary And Secondary Education: Provide A Cause Of Action For Improper Solicitation Of High School Athletes And Require High Schools To Disclose The Names Of All Student Athletes, Johnson Kimberly

Georgia State University Law Review

The Act creates civil and criminal causes of action for colleges and universities against persons who violate college athletic recruitment rules and regulations by offering high school students money or other things of value to attend a particular college or university. The Act also requires high schools to release the names of all student athletes and to inform those athletes of college eligibility requirements.


Law Enforcement Officers And Agencies Georgia Bureau Of Investigation: Provide Records Related To The Prosecution Of Certain Offenses To Potential Employers Involved In Caring For Minor Children, The Elderly, Or The Mentally Afflicted, Larkin Joseph Sep 2003

Law Enforcement Officers And Agencies Georgia Bureau Of Investigation: Provide Records Related To The Prosecution Of Certain Offenses To Potential Employers Involved In Caring For Minor Children, The Elderly, Or The Mentally Afflicted, Larkin Joseph

Georgia State University Law Review

The Act authorizes the Georgia Crime Information Center to release a first offender's record of arrests, charges, or sentences for certain sexual offenses to public schools, private schools, child welfare, nursing homes, personal care homes, or any person or entity providing healthcare, day care, or services to children, the elderly, the mentally ill or the mentally handicapped when the first offender has applied for employment therein.


Criminal Procedure Searches And Seizures: Provide Extraordinary Appeals And Motions For New Trial Based On Request For Dna Testing And Analysis; Establish Procedure For Preservation Of Evidence, Melissa Rife Sep 2003

Criminal Procedure Searches And Seizures: Provide Extraordinary Appeals And Motions For New Trial Based On Request For Dna Testing And Analysis; Establish Procedure For Preservation Of Evidence, Melissa Rife

Georgia State University Law Review

The Act provides the procedure for post-conviction DNA testing through an extraordinary motion for a new trial in serious violent felonies. The Act amends the Victim's Bill of Rights to require victim notification of extraordinary motions by the defendant. The Act also provides the standards, limitations, and conditions for the testing. The Act allows the State to appeal all extraordinary motions for new trial. In addition, the Act provides the standards for retention of evidence by court-appointed custodians.


Soil And Water Conservation Control Of Soil Erosion And Sedimentation: Amend Duties Of State Authorities; Revise State Control Of Erosion And Sedimentation, Amy Mcmorrow Sep 2003

Soil And Water Conservation Control Of Soil Erosion And Sedimentation: Amend Duties Of State Authorities; Revise State Control Of Erosion And Sedimentation, Amy Mcmorrow

Georgia State University Law Review

The Act establishes an education program for persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity, to be administered by the State Soil and Water Conservation Commission. The Act extensively revises [Code] Chapter 12-7, the 'Erosion and Sedimentation Act of 1975.' Among other changes to Code Chapter 12-7, the Act authorizes a new state-imposed permit fee of up to $80 per acre of disturbed land, establishes a Stakeholder Advisory Board to work in collaboration with the Environmental Protection Division and the Soil Conservation Commission, and authorizes a study to evaluate the effectiveness of …


State Government State Flag, Seal, And Other Symbols: Change State Flag; Provide For An Advisory Referendum Election To Determine Whether Voters Desire A Further Change In The State Flag; Provide For Severability, Anthony Ventry Sep 2003

State Government State Flag, Seal, And Other Symbols: Change State Flag; Provide For An Advisory Referendum Election To Determine Whether Voters Desire A Further Change In The State Flag; Provide For Severability, Anthony Ventry

Georgia State University Law Review

The Act changes the design and the description of the Georgia state flag, replacing the official flag adopted by the Georgia General Assembly in 2001. The Act also calls for an advisory referendum in 2004 for voters to determine whether the General Assembly should keep the 2003 design or revert back to the 2001 design. The Act requires the Secretary of State to call for that referendum and to certify the results to the Governor and the General Assembly. The Act further provides that if any portion of the Act is unconstitutional, the other sections of the Act shall remain …


Local Government Enterprise Zone Employment Act: Provide For Additional Qualifying Businesses And Services; Limit Governmental Authority To Investigate And Inspect Residential Rental Property, Christopher Porterfield Sep 2003

Local Government Enterprise Zone Employment Act: Provide For Additional Qualifying Businesses And Services; Limit Governmental Authority To Investigate And Inspect Residential Rental Property, Christopher Porterfield

Georgia State University Law Review

The Act adds entities engaged in day-care activities to the list of businesses and services eligible for tax exemptions and abatements under the Enterprise Zone Employment Act of 1997. The Act prohibits local governments from investigating or inspecting residential rental property unless they have probable cause to believe that a violation of applicable codes exists or exited. The Act also prohibits local governments from requiring registration of residential rental property.


Law Enforcement Officers And Agencies Georgia Bureau Of Investigation: Clarify Procedures For Submission Of Bar Applicants' Fingerprints For Criminal Background Checks, J. A. Schneider Sep 2003

Law Enforcement Officers And Agencies Georgia Bureau Of Investigation: Clarify Procedures For Submission Of Bar Applicants' Fingerprints For Criminal Background Checks, J. A. Schneider

Georgia State University Law Review

The Act gives the Georgia Crime Information Center the responsibility of receiving fingerprints from bar applicants and submitting these fingerprints to the Federal Bureau of Investigation. The Act also removes the restriction on the use of information obtained by the background check.


Motor Vehicles And Traffic Registration And Licensing Of Motor Vehicles: Allow Voluntary Cancellation And Re-Registration Of Motor Vehicles; Require Satisfactory Proof Of Insurance To Register A Vehicle With The Dmv; Define Commercial And Fleet Policies; Add Reporting Requirements For Insurers To The Database; Allow Use Of Cards As Proof Of Insurance Through December 31, 2003, Jeffrey Gordon Sep 2003

Motor Vehicles And Traffic Registration And Licensing Of Motor Vehicles: Allow Voluntary Cancellation And Re-Registration Of Motor Vehicles; Require Satisfactory Proof Of Insurance To Register A Vehicle With The Dmv; Define Commercial And Fleet Policies; Add Reporting Requirements For Insurers To The Database; Allow Use Of Cards As Proof Of Insurance Through December 31, 2003, Jeffrey Gordon

Georgia State University Law Review

The Act updates the procedures motorists use for proving possession of insurance, making the Department of Motor Vehicles database an acceptable means of proving insurance coverage beginning January 1, 2004.


Crimes And Offenses Controlled Substances: Set The Minimum Amount Of Marijuana That Qualifies For Drug Trafficking, Kimberly Johnson Sep 2003

Crimes And Offenses Controlled Substances: Set The Minimum Amount Of Marijuana That Qualifies For Drug Trafficking, Kimberly Johnson

Georgia State University Law Review

The Act changes the amount of marijuana that qualifies for trafficking from 50 pounds to 10 pounds.


Crimes And Offenses Sexual Offenses: Prohibit Sexual Predators From Residing Within Proximity Of Schools Or Areas Where Minors Congregate, Samantha Imber Sep 2003

Crimes And Offenses Sexual Offenses: Prohibit Sexual Predators From Residing Within Proximity Of Schools Or Areas Where Minors Congregate, Samantha Imber

Georgia State University Law Review

The Act enhances Georgia's version of Megan's Law by forbidding any person required to register under the state's sex offender registry from living within 1000 feet of a childcare facility, a school, or an area where minors congregate. The Act also expands the offense of prostitution of persons under the age of 18 to include keeping a place of prostitution.


Professions And Businesses Professional Counselors, Social Workers, And Marriage And Family Therapists: Exempt Licensing Requirements For Disaster Relief Services, Shayne Clinton Sep 2003

Professions And Businesses Professional Counselors, Social Workers, And Marriage And Family Therapists: Exempt Licensing Requirements For Disaster Relief Services, Shayne Clinton

Georgia State University Law Review

The Act allows therapists, counselors, and social workers to provide their services during disasters or states of emergency without satisfying Georgia's licensing requirements. The exemption only covers workers that do not charge the recipients for disaster relief services and that are in the disaster area for a maximum of 30 days.


Rethinking The Licensing Of New Attorneys - An Exploration Of Alternatives To The Bar Exam: Introduction, Clark D. Cunningham Sep 2003

Rethinking The Licensing Of New Attorneys - An Exploration Of Alternatives To The Bar Exam: Introduction, Clark D. Cunningham

Georgia State University Law Review

No abstract provided.


Local Government Transfer Of Development Rights: Revise Procedures Relating To Transfer Of Development Rights By Eliminating The Requirement Of Approval By The Local Governing Authority Prior To The Sale Of The Tdrs; Include Marsh Hammocks As An Appropriate Sending Area, Jennifer Crick Sep 2003

Local Government Transfer Of Development Rights: Revise Procedures Relating To Transfer Of Development Rights By Eliminating The Requirement Of Approval By The Local Governing Authority Prior To The Sale Of The Tdrs; Include Marsh Hammocks As An Appropriate Sending Area, Jennifer Crick

Georgia State University Law Review

The Act revises procedures relating to the transfer of development rights by allowing developers and transferable development rights owners to privately negotiate the sale of transferable development rights without requiring a separate hearing by the local governing authority, provided the transaction complies with the local transferable development rights ordinance. The Act applies to all of Georgia's 159 counties. The Act also provides for the addition of marsh hammocks as appropriate sending areas.


Crimes And Offenses Crimes Against The Person: Prohibit Hiv - Or Hepatitis-Infected Persons From Endangering Peace Officers And Correctional Officers, Shayne Clinton Sep 2003

Crimes And Offenses Crimes Against The Person: Prohibit Hiv - Or Hepatitis-Infected Persons From Endangering Peace Officers And Correctional Officers, Shayne Clinton

Georgia State University Law Review

The Act prohibits HIV - or hepatitis-infected persons from assaulting peace officers or correctional officers with bodily fluids, saliva, urine, or feces. An offender attempting to infect an officer with HIV or hepatitis is guilty of a felony.


A Call For Uniform Regulation Of Intentional Introduction Of Non-Indigenous Species: The Suminoe Oyster, Lori H. Peoples Sep 2003

A Call For Uniform Regulation Of Intentional Introduction Of Non-Indigenous Species: The Suminoe Oyster, Lori H. Peoples

North Carolina Law Review

No abstract provided.


State Aid And The Financing Of Public Services: A Comment On The Altmark Judgment Of The Court Of Justice, Frederic Louis, Anne Vallery Sep 2003

State Aid And The Financing Of Public Services: A Comment On The Altmark Judgment Of The Court Of Justice, Frederic Louis, Anne Vallery

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

On 24 July 2003, the European Court of Justice handed down its judgment in the Altmark case, ending the controversy surrounding the application of the EC state aid control regime to compensation granted to undertakings in consideration for public service obligations imposed on them.


Father Knows Best: The Court's Result-Oriented Activism Continues Apace: Selected Business-Related Decisions From The 2002-2003 Term, Barbara K. Bucholtz Sep 2003

Father Knows Best: The Court's Result-Oriented Activism Continues Apace: Selected Business-Related Decisions From The 2002-2003 Term, Barbara K. Bucholtz

Tulsa Law Review

No abstract provided.


Reinterpreting Jurisprudence: The Right Of Publicity And Hoffman V. Capital Cities/Abc, Inc., Casondra Kevorkian Sep 2003

Reinterpreting Jurisprudence: The Right Of Publicity And Hoffman V. Capital Cities/Abc, Inc., Casondra Kevorkian

Loyola of Los Angeles Law Review

No abstract provided.


One Step Forward, Two Steps Back, Imbar Sagi Sep 2003

One Step Forward, Two Steps Back, Imbar Sagi

Loyola of Los Angeles Law Review

No abstract provided.


Improving The Fitness Inquiry Of The North Carolina Bar Application, Ann Hubbard Sep 2003

Improving The Fitness Inquiry Of The North Carolina Bar Application, Ann Hubbard

North Carolina Law Review

No abstract provided.


The Regulation Of Contractual Change: A Guide To No Oral Modification Clauses For North Carolina Lawyers, Martin H. Brinkley Sep 2003

The Regulation Of Contractual Change: A Guide To No Oral Modification Clauses For North Carolina Lawyers, Martin H. Brinkley

North Carolina Law Review

No abstract provided.


Punitive Damages In Medical Malpractice: An Economic Evaluation, Robert Ward Shaw Sep 2003

Punitive Damages In Medical Malpractice: An Economic Evaluation, Robert Ward Shaw

North Carolina Law Review

No abstract provided.


Articles, North Carolina Law Review Sep 2003

Articles, North Carolina Law Review

North Carolina Law Review

No abstract provided.


Recent Developments, North Carolina Law Review Sep 2003

Recent Developments, North Carolina Law Review

North Carolina Law Review

No abstract provided.


Problem-Solving Courts: From Innovation To Institutionalization, Michael C. Dorf, Jeffrey A. Fagan Sep 2003

Problem-Solving Courts: From Innovation To Institutionalization, Michael C. Dorf, Jeffrey A. Fagan

Cornell Law Faculty Publications

No abstract provided.