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2014

Georgia State University College of Law

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Articles 1 - 30 of 116

Full-Text Articles in Law

Homeland Self Storage Management Llc Order Appointing James F. Hart As Special Master For Financial Discovery, John J. Goger Dec 2014

Homeland Self Storage Management Llc Order Appointing James F. Hart As Special Master For Financial Discovery, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Liability Of Owners And Occupiers Of Land Sb 125, Georgia State University Law Review Dec 2014

Liability Of Owners And Occupiers Of Land Sb 125, Georgia State University Law Review

Georgia State University Law Review

The Act clarifies Georgia’s position on the duty owed to trespassers by owners and occupiers of land. Under the Act, owners and occupiers of land owe no duty of care to trespassers, except to refrain from causing purposeful injury. The Act also provides that the new law does not alter the attractive nuisance doctrine regarding children.


Public Assistance Hb 772, Georgia State University Law Review Dec 2014

Public Assistance Hb 772, Georgia State University Law Review

Georgia State University Law Review

The Act requires the government to drug-test recipients of food stamps and TANF benefits if there is a reasonable suspicion of drug use. Penalties for failing a drug-test become more severe when a recipient has more violations. The new bill also requires that a member of each household receiving food stamp benefits have a photo on the card.


Public Assistance Hb 990, Georgia State University Law Review Dec 2014

Public Assistance Hb 990, Georgia State University Law Review

Georgia State University Law Review

The Act prohibits the Governor from expanding Medicaid eligibility through an increase in the income threshold without first obtaining the General Assembly’s approval. The Act provides that this prohibition does not extend to any increase in the income threshold that results from a cost-of-living increase in the federal poverty level.


Agreements For Probation Services Hb 837, Georgia State University Law Review Dec 2014

Agreements For Probation Services Hb 837, Georgia State University Law Review

Georgia State University Law Review

The bill would have authorized private probation companies to contract with county and municipal judges to oversee misdemeanor probationers. Private probation companies would have been able to exercise the full range of powers of a public probation officer to monitor a probationer, including electronic tracking, drug and alcohol testing, and assessing fees for the expense of supervising the probationer. The Act would have allowed the private probation company to appeal to a judge to toll the probationer’s sentence if the probationer failed to comply with any of the terms of the probation, including paying fees.


Employees’ Insurance And Benefits Plans Sb 98, Georgia State University Law Review Dec 2014

Employees’ Insurance And Benefits Plans Sb 98, Georgia State University Law Review

Georgia State University Law Review

This bill restricts government spending on certain abortions through insurance provided by the Georgia State Health Benefit Plan and through insurance offered under any regulation or exchange created by the federal Patient Protection and Affordable Care Act.


Mobile Broadband Infrastructure Leads To Development Hb 176, Georgia State University Law Review Dec 2014

Mobile Broadband Infrastructure Leads To Development Hb 176, Georgia State University Law Review

Georgia State University Law Review

The Act provides for streamlined processing for wireless facility applications and limits the ways local government can condition approval of new wireless facilities and where they are sited. The Act also limits the fees that local governments may charge for reviewing wireless facility applications. Further, it limits license and rental fees a local government may charge for wireless facilities on the local government’s property.


Employment Security And State Government Hb 714, Georgia State University Law Review Dec 2014

Employment Security And State Government Hb 714, Georgia State University Law Review

Georgia State University Law Review

The Act denies eligibility for unemployment benefits to certain workers who are employed by private companies to provide services to educational institutions. It further restricts eligibility for workers who are enrolled in approved job training programs. The Act also aligns the Georgia unemployment laws with federal standards.


Department Of Public Health Hb 966, Georgia State University Law Review Dec 2014

Department Of Public Health Hb 966, Georgia State University Law Review

Georgia State University Law Review

The Act establishes an Alzheimer’s Disease Registry within Georgia’s Department of Public Health and grants the Department of Public Health authority to create procedures, rules, and regulations to establish and operate the Alzheimer’s Disease Registry. The Act also ensures that any collected data contained in the Alzheimer’s Disease Registry will be confidential and that the Alzheimer’s Registry will comply with the federal Health Insurance Portability and Accountability Act.


Georgia Health Care Freedom Act Hb 943, Georgia State University Law Review Dec 2014

Georgia Health Care Freedom Act Hb 943, Georgia State University Law Review

Georgia State University Law Review

The Act requires that a health benefit policy that provides coverage for intravenously administered or injected chemotherapy for the treatment of cancer shall also provide coverage no less favorable for orally administered chemotherapy. Additionally, the Act prohibits the state from using money, resources, or assets to influence Georgia citizens to support the voluntary expansion of the Affordable Care Act, prohibits the establishment of an insurance exchange or applying for or accepting federal money relating to the establishment of an insurance exchange, and prohibits the establishment of a Navigator program.


Elections And Primaries Generally Hb 310, Georgia State University Law Review Dec 2014

Elections And Primaries Generally Hb 310, Georgia State University Law Review

Georgia State University Law Review

The Act addresses issues set forth by the United States District Court for the Northern District of Georgia in United States v. Georgia by extending the dates for Georgia’s qualifying, primary, primary runoff, and general election dates to be in compliance with the Uniformed Overseas Citizens Absentee Voting Act.


Offenses Against Public Order And Safety Hb 60, Georgia State University Law Review Dec 2014

Offenses Against Public Order And Safety Hb 60, Georgia State University Law Review

Georgia State University Law Review

The Act expands gun rights by allowing permit holders to carry guns in locations previously prohibited including places of worship, bars, and certain areas inside government buildings and airports and changing criminal penalties for permit holders who violate the Act. The Act also permits, under certain circumstances, teachers and administrators to carry guns in school safety zones, on school buses, and at school functions. Additionally, the Act repeals certain Georgia laws regulating firearms dealers and also amends the qualifications for application of a weapon carry permit and conditions for permit renewal. Further, thie Act prohibits, with exceptions, restrictions on guns …


Trial Hb 804, Georgia State University Law Review Dec 2014

Trial Hb 804, Georgia State University Law Review

Georgia State University Law Review

The Act allows a court to order a child witness or victim of certain offenses under the age of seventeen to testify outside the physical presence of the accused provided the court finds the child is likely to suffer serious psychological or emotional distress or trauma that impairs the child’s ability to communicate. The Act also lists considerations for the judge to take into account when making this determination. It further provides what shall be included in the court’s order, as well as the method of such testimony.


Juvenile Court Administration Sb 365, Georgia State University Law Review Dec 2014

Juvenile Court Administration Sb 365, Georgia State University Law Review

Georgia State University Law Review

Georgia Council on Criminal Justice Reform. This installment focuses on offender reintegration and state compliance with federal standards. The Act provides for more court involvement in delinquent and dependent juvenile matters, periodic review hearings for children in residential placement, and permanency plans for juveniles. The Act also provides for driver’s license reinstatement, educational programs for certain adult offenders, and programs supporting re-entry to society for adult offenders. Finally, the Act changes the reporting structure for Review Panel and Child Abuse Protocol Committees.


Water Resources Sb 213, Georgia State University Law Review Dec 2014

Water Resources Sb 213, Georgia State University Law Review

Georgia State University Law Review

The Act provides the Director of the Environmental Protection Division with flexibility in determining when and how to declare a drought and how to proceed in case of a drought. The Act no longer requires the Director to determine a drought status by a certain date or to conduct irrigation reduction auctions. The Act codifies the Director’s ability to implement augmentation projects and limit the ability of those with withdrawal permits to withdraw the augmented water for irrigation. The Act also creates irrigation efficiency requirements and sets forth a schedule requiring all irrigation systems to achieve eighty percent efficiency by …


Parks, Historic Areas, Memorials, And Recreation Hb 715, Georgia State University Law Review Dec 2014

Parks, Historic Areas, Memorials, And Recreation Hb 715, Georgia State University Law Review

Georgia State University Law Review

The Act establishes a set number of acres that may be developed on Jekyll Island. It states that no more than 1,675 acres of the Island’s total land area may be developed. Currently, 1,597 of those acres have been developed, and the Act delineates how the remaining seventyeight acres may be used.


Homeland Self Storage Management Llc Order Deferring Defendants' Motion For Protective Order And Appointment Of Special Master For Financial Discovery, John J. Goger Dec 2014

Homeland Self Storage Management Llc Order Deferring Defendants' Motion For Protective Order And Appointment Of Special Master For Financial Discovery, John J. Goger

Georgia Business Court Opinions

No abstract provided.


In Re Ebix Inc. Shareholder Derivative Litigation Stipulation And Order Of Dismissal With Prejudice, John J. Goger Dec 2014

In Re Ebix Inc. Shareholder Derivative Litigation Stipulation And Order Of Dismissal With Prejudice, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Rudy Blake Frazier And Building Technology Consulting Llc Order On Defendants' Motion To Strike Complaint, Elizabeth E. Long Dec 2014

Rudy Blake Frazier And Building Technology Consulting Llc Order On Defendants' Motion To Strike Complaint, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Trade Secret Fair Use, Deepa Varadarajan Dec 2014

Trade Secret Fair Use, Deepa Varadarajan

Faculty Publications By Year

Trade secret law arose to help companies protect confidential information (e.g., the Coca-Cola formula) from competitors seeking to copy their innovative efforts. But companies increasingly use trade secret law to block a wide swath of information from the scrutinizing eyes of consumers, public watchdog groups, and potential improvers. Companies can do this, in part, because trade secret law lacks clear limiting doctrines that consider the social benefits of unauthorized use. For example, trade secret law makes no allowance for the departing employee that uses proprietary information to create a substantially improved product or disclose public health risks.

This Article argues …


Homeland Self Storage Management, Llc Order On Defendants' Motion To Stay, John J. Goger Nov 2014

Homeland Self Storage Management, Llc Order On Defendants' Motion To Stay, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Michael D. Sullivan Order On Motions In Limine And Motion To Quash Notice To Produce, Elizabeth E. Long Nov 2014

Michael D. Sullivan Order On Motions In Limine And Motion To Quash Notice To Produce, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


La Famiglia Trust Order On Defendants' Motion To Dismiss, John J. Goger Nov 2014

La Famiglia Trust Order On Defendants' Motion To Dismiss, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Viken Securities Limited Et Al. Order On Plaintiffs' Motion To Compel, Melvin K. Westmoreland Nov 2014

Viken Securities Limited Et Al. Order On Plaintiffs' Motion To Compel, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Southern Telecom Order On Motions For Sanctions, Melvin K. Westmoreland Oct 2014

Southern Telecom Order On Motions For Sanctions, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Frank Frohman, Derivatively On Behalf Of Aaron's Inc., Order And Final Judgment, John J. Goger Oct 2014

Frank Frohman, Derivatively On Behalf Of Aaron's Inc., Order And Final Judgment, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbullying Laws, Emily F. Suski Oct 2014

Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbullying Laws, Emily F. Suski

Faculty Publications By Year

For several years, states have grappled with the problem of cyberbullying and its sometimes devastating effects. Because cyberbullying often occurs between students, most states have understandably looked to schools to help address the problem. To that end, schools in forty-six states have the authority to intervene when students engage in cyberbullying. This solution seems all to the good unless a close examination of the cyberbullying laws and their implications is made. This Article explores some of the problematic implications of the cyberbullying laws. More specifically, it focuses on how the cyberbullying laws allow schools unprecedented surveillance authority over students. This …


Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu T. Saito Oct 2014

Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu T. Saito

Faculty Publications By Year

More than a half-century after the Civil Rights Era, people of color remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution’s guarantee of equal protection remain elusive. This article argues that the “racial realism” advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative’s depiction of the United States as a “nation of immigrants” with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not exist without the occupation …


Viken Securities Limited Et Al Order On Motion To Compel, Melvin K. Westmoreland Sep 2014

Viken Securities Limited Et Al Order On Motion To Compel, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Davis Lee Companies, Llc Final Judgment And Order On Motion To Hold Defendant Steven N. Aninye In Contempt, Alice D. Bonner Sep 2014

Davis Lee Companies, Llc Final Judgment And Order On Motion To Hold Defendant Steven N. Aninye In Contempt, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.