Law Commons^™

Penal Institutions Correctional Institutions Of State And Counties: Amend Article 3 Of Chapter 5 Of Title 42 Of The Official Code Of Georgia Annotated, Relating To Conditions Of Detention Generally, So As To Provide That Certain Incarcerated Persons Shall Be Tested For Hiv Before Release; Provide For Notice And Counseling; Require The Department Of Corrections To Seek Funding For Such Hiv Testing Program; Provide For A Definition; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes., Kevin Bradberry, Tara Guffrey

Georgia State University Law Review

The Act requires the Department of Corrections to administer an HIV test to prison inmates within thirty days before their release from prison if they were incarcerated for at least one year. Inmates must be notified of the results of the HIV test in writing, and information pertaining to positive test results must be provided to the Department of Human Resources, as required by Georgia law. Before an HIV-positive inmate is released from prison, he must be given educational and medical information on his condition. Additionally, HIV-positive inmates must receive instruction on HIV prevention before their release. The Department of …

Education Amend Part 3 Of Article 16 Of Chapter 2 Of Title 20, Relating To The Health Of Students In Elementary And Secondary Education, So As To Require Local School Systems To Conduct An Annual Fitness Assessment And To Comply With State Physical Education Instruction Requirements; Provide For Reporting Of Results; Provide For An Annual Report To The Governor; Provide For A Recognition Program; Provide For Automatic Repeal; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes., Rosanne Cross, Ben Lorber

Georgia State University Law Review

The Act requires each local school system to conduct an annual fitness assessment program of students in elementary and secondary school during a course taught by a certified physical education teacher in which the student is enrolled. Each local school system must report the individual results of each fitness assessment to the parent or guardian of each student assessed and the aggregate results of the fitness assessments by school to the State Board of Education. The State Board of Education shall adopt standards with which to assess the student health and physical education and shall submit an annual report to …

Local Government General Provisions: Amend Chapter 80 Of Title 36 Of The Official Code Of Georgia Annotated, Related To General Provisions Applicable To Counties, Municipal Corporations, And Other Governmental Entities, So As To Prohibit Immigration Sanctuary Policies By Local Governmental Entities; Provide For Penalties; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws; And For Other Purposes., Denise Hoying, Parker Stephens

Georgia State University Law Review

The Act prohibits local governments from becoming sanctuary cities. The Act specifically forbids local Georgia governments from adopting any legislation or policy that would prohibit their local officials or employees from cooperating with federal law enforcement in reporting any information that is not legally confidential but otherwise might be relevant to the legal or illegal status of immigrants. Any local government violator is subject to withdrawal of funding controlled or distributed by the state, and any state-controlled governing body distributing funds may require proof of compliance.

Public Utilities And Public Transportation Public Service Commission: Enact The “Georgia Nuclear Energy Financing Act”; Amend Section 25 Of Chapter 2 Of Title 46, Relating To The Procedure For Changing Any Rate, Charge, Classification, Or Service, So As To Provide For A Utility To Recover From Its Customers The Costs Of Financing Associated With The Construction Of A Nuclear Generating Plant; Provide A Short Title; Provide For The Calculation And Collection Of The Financing Costs; Provide For The Georgia Public Service Commission To Exercise Discretion In Setting The Level Of Assistance For Senior And Low Income Customers; Provide The Commission With The Authority To Authorize Any Specific Accounting Treatment For The Costs Recovered; Provide For Review By The Commission As To Whether The Costs Recovered Are Being Properly Recorded; Provide For Related Matters; Provide For An Effective Date; Repeal Conflicting Laws; And For Other Purposes., Suzanne N. Boyd, Sara Sorenson

Georgia State University Law Review

The Act allows for a power utility company to charge its customers for the financing costs of building a nuclear power plant during construction of the plant. The Act allows the financing costs to be recovered through an accounting method called Construction Work in Progress (CWIP).

Student Organization Officers 2009-2010, Office Of Registrar

Materials from All Student Organizations

No abstract provided.

De-Cloaking Torture: Boumediene And The Military Commissions Act, Alan W. Clarke

San Diego International Law Journal

The Military Commissions Act of 2006 (MCA) marked the high tide and endgame for hiding torture. It's unraveling did more to uncover the Bush administration's secret interrogation practices than did the political change in Washington. International and domestic backlash against the government's embrace of harsh interrogation techniques, frequently rising to the level of torture, also played a role. However, the Supreme Court's decisions ending in Boumediene v. Bush played the decisive role. Boumediene, and the Supreme Court decisions that led up to it, made inevitable that which politics had left contingent and reversible. It also provided legal and political cover.

Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry

Indiana Law Journal

No abstract provided.

"Knock And Talk" And The Fourth Amendment, Craig M. Bradley

Indiana Law Journal

No abstract provided.

A Defense Of Embryonic Stem Cell Research, Gregory Dolin, M.D.

Indiana Law Journal

No abstract provided.

Poodles And Bulldogs: The United States, Britain, And The International Rule Of Law, Philippe Sands

Indiana Law Journal

Addison C. Harris Lecture

The Role Of Culture In The Creation Of Islamic Law, John Hursh

Indiana Law Journal

No abstract provided.

The Decisions Of The Corporate Special Litigation Committees: An Empirical Investigation, Minor Myers

Indiana Law Journal

Using an original data set gathered from filings with the U.S. Securities and Exchange Commission, this Article tests the prevailing view in corporate law that special litigation committees invariably decide to dismiss shareholder derivative litigation. It demonstrates that (1) special litigation committees decide to pursue or settle claims much more frequently than heretofore recognized; (2) special litigation committees do not otherwise let defendants off the hook when pursuing or settling claims, in view of the financial recovery to the company in either scenario; (3) most shareholder claims subject to the authority of special litigation committees end up settled, not dismissed,- …

Must God Be Dead Or Irrelevant: Drawing A Circle That Lets Me In, Richard M. Esenberg

William & Mary Bill of Rights Journal

Some scholars claim that current Establishment Clause doctrine can increasingly be explained in terms of substantive neutrality-that is, the idea that government ought to treat religion and irreligion (or comparable secular activities) in the same way. Whether a product of the Court's commitment to the idea or an artifact of the positions of the "swing" Justices, this proposition has considerable explanatory power. The Supreme Court has, in recent years, permitted the government to make financial support equally available for religious uses, as long as it is done on a neutral basis and through the private choice of the recipients. It …

In Defense Of Ideology: A Principled Apporach To The Supreme Court Confirmation Process, Lori A. Ringhand

William & Mary Bill of Rights Journal

In this paper, Professor Ringhand offers a principled defense of an ideological approach to the Supreme Court Justice confirmation process. In constructing her argument, she does three things. First, she explores how the insights provided by recent empirical legal scholarship have created a need to rethink the role of the Supreme Court and, consequently, the process by which we select Supreme Court Justices. In doing so, Professor Ringhand explains how these insights have called into question much of our conventional constitutional narrative, and how this failure of the conventional narrative has in turn undermined traditional objections to an ideologically-based confirmation …

Prisoners For Sale: Making The Thirteenth Amendment Case Against State Private Prison Contracts, Ryan S. Marion

William & Mary Bill of Rights Journal

No abstract provided.

Who Should Regulate? Federalism And Conflict In Regulation Of Green Buildings, Shari Shapiro

William & Mary Environmental Law and Policy Review

No abstract provided.

Lilly Ledbetter, Take Two: The Lilly Ledbetter Fair Pay Act Of 2009 And The Discovery Rule's Place In The Pay Discrimination Puzzle, Nancy Zisk

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Cryopreserved Embryos As America's Prospective Adoptees: Are Couples Truly "Adopting" Or Merely Transferring Property Rights?, Alexia M. Baiman

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

A Disparate Impact On Female Veterans: The Unintended Consequences Of Veterans Affairs Regulations Governing The Burdens Of Proof For Post-Traumatic Stress Disorder Due To Combat And Military Sexual Trauma, Jennifer C. Schingle

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen

William & Mary Journal of Race, Gender, and Social Justice

This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother’s former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in the …

Sex, Booze, And Clarity: Defining Sexual Assault On A College Campus, Justin Neidig

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Rethinking Women And The Constitution: An Historical Argument For Recognizing Constitutional Flexibility With Regards To Women In The New Republic, Samantha Ricci

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Foundations Of Religious Liberty: Toleration Or Respect?, Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.

A Hole In Need Of Mending: Copyright And The Individual Marking Of Advertisements Published In Collective Works, Randy D. Gordon

Faculty Scholarship

Over 20 years ago, the United States brought its copyright law into sync with international norms through the adoption of the Berne Convention. As a result, copyright notice is no longer a prerequisite to copyright protection. But because Congress implemented the Berne Convention through amendments to the (rather than adoption of a wholly new) Copyright Act, litigants have argued and at least some courts have held that certain works still must be noticed. This Article is concerned to rebut that contention.

Reflections On Recommendation 12, Naiomi Metallic

Articles, Book Chapters, & Popular Press

Regarding the Marshall Commission Report’s recommendation for increased representation of racialized persons within the judiciary.

Organophosphates, Friend And Foe: The Promise Of Medical Monitoring For Farm Workers And Their Families, Adriane J. Busby, Gabriel Eckstein

Faculty Scholarship

Millions of farm workers nation-wide who load, mix and/or apply pesticides are exposed to incredible amounts of pesticides on a daily basis. Various inefficiencies and inconsistencies in the regulatory system - including insufficient illness reporting data systems, lack of regulatory compliance and enforcement, and inadequate data and information on the chronic effects of exposure and overexposure to various pesticides - increase the likelihood that these workers will continue to be exposed to dangerous amounts of pesticides.

This Article assesses the existing mechanisms designed to protect farm workers from occupational exposure to pesticides and identifies and analyzes some of the shortcomings …

The Us-China Wto Cases Explained, Peter K. Yu

Faculty Scholarship

In August 2009, the WTO dispute settlement body released a panel concerning the US-China dispute over the trading rights and distribution services for publications, sound recordings and audiovisual entertainment products. Earlier this year, a different WTO panel addressed a related US-China dispute on the protection and enforcement of IP.

The recent decision provides an excellent opportunity to revisit the earlier decision, exploring its implications for IP protection and enforcement. That decision focuses on three main issues: the high thresholds for criminal procedures and penalties in the IP area; the failure of the Chinese authorities to properly dispose of confiscated infringing …

Socio-Economic Rights And Refugee Status:Deepening The Dialogue Between Human Rights And Refugee Law, Fatma E. Marouf, Deborah Anker

Faculty Scholarship

reviewing Michelle Foster, International Refugee Law and Socio-Economic Rights: Refuge from Deprivation (2007)

Rethinking Private Attorney Involvement Through A Low Bono Lens, Luz E. Herrera

Faculty Scholarship

Those who frequent our courthouses and work with low and moderate - income individuals have no illusions about the large gap between the rhetoric of justice and the present reality of our legal system. All over the country, courts are plagued by long dockets, slashed personnel, scarce resources, and self-represented individuals who are not literate in the law and represent themselves in complex legal proceedings or transactions out of necessity. If the accessibility of the legal system remains the top priority for ensuring justice, then perhaps we must consider forging new alliances, healing the political wounds of previous generations, and …

Copyright, Private Copying, And Discrete Public Goods, Glynn S. Lunney Jr

Faculty Scholarship

Understanding if, and when, copyright should attempt to proscribe private copying deserves far more than the simplistic treatment it has so far received from a handful of courts. This Essay aims to begin that conversation. Part I begins by introducing simple models that compare the market and socially optimal production of continuous and discrete public goods models and discussing their implications for copyright. Part II will then focus on the limits of the market's ability to produce efficiently discrete public goods in the absence of government intervention. Part III will then consider the implications of the discrete public goods model …