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2015

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Georgia State University College of Law

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Articles 1 - 30 of 65

Full-Text Articles in Law

Homeland Self Storage Management, Llc, Et Al., Various Discovery Motions, John J. Goger Dec 2015

Homeland Self Storage Management, Llc, Et Al., Various Discovery Motions, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Resurrecting Health Care Rate Regulation, Erin C. Fuse Brown Dec 2015

Resurrecting Health Care Rate Regulation, Erin C. Fuse Brown

Faculty Publications By Year

Our excess health care spending in the United States is driven largely by our high health care prices. Our prices are so high because they are undisciplined by market forces, in a health care system rife with market failures, which include information asymmetries, noncompetitive levels of provider market concentration, moral hazard created by health insurance, multiple principal-agent relationships with misaligned incentives, and externalities from unwarranted price variation and discrimination. These health care market failures invite a regulatory solution. An array of legal and policy solutions are typically advanced to control our health care prices and spending, including: (1) market solutions …


Homeland Self Storage Management, Llc, Et Ai., Order On Emergency Motion For Order To Show Cause Why Causes Of Action Should Not Be Stricken, John J. Goger Nov 2015

Homeland Self Storage Management, Llc, Et Ai., Order On Emergency Motion For Order To Show Cause Why Causes Of Action Should Not Be Stricken, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Predictix, Llc, Order And Final Judgment On Business Valuation Proceeding Pursuant To O.C.G.A. § 14-11-1011, Elizabeth E. Long Nov 2015

Predictix, Llc, Order And Final Judgment On Business Valuation Proceeding Pursuant To O.C.G.A. § 14-11-1011, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Locked In: The Competitive Disadvantage Of Citizen Shareholders, Anne M. Tucker Nov 2015

Locked In: The Competitive Disadvantage Of Citizen Shareholders, Anne M. Tucker

Faculty Publications By Year

In this Essay, I challenge the conventional corporate law wisdom that unhappy mutual fund investors paying high fees don’t need litigation or regulation to protect their interests because they should simply exit a fund and reinvest elsewhere. The exit solution, advanced by Professors John Morley and Quinn Curtis in Taking Exit Rights Seriously provided an elegantly simply solution to the problem of unhappy indirect investors (e.g., mutual fund investors) given that they are often low-dollar, low-incentive, rationally-apathetic investors facing enormous information asymmetries and collective action problems. According to their view, competition produced by exit, or the threat of exit, is …


Gaming The System: The Exemption Of Professional Sports Teams From The Fair Labor Standards Act, Charlotte S. Alexander, Nathaniel Grow Nov 2015

Gaming The System: The Exemption Of Professional Sports Teams From The Fair Labor Standards Act, Charlotte S. Alexander, Nathaniel Grow

Faculty Publications By Year

This article examines a little known exemption to the Fair Labor Standards Act relieving seasonal recreational or amusement employers from their obligation to pay the minimum wage and overtime. After evaluating the existing, confused case law surrounding the exemption, we propose a new, simplified framework for applying the provision. We then apply this framework to a recent wave of FLSA lawsuits brought by cheerleaders, minor league baseball players, and stadium workers against professional sports teams. The article concludes by considering the policy implications of exempting this class of employers from the FLSA's wage and hour requirements.


Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall Nov 2015

Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall

Faculty Publications By Year

Superstorm Sandy, the 2008 Iowa floods, and Hurricanes Katrina and Rita all supply recent reminders that U.S. cities can no longer adopt an ad hoc approach to threats presented by climate change and natural hazards. The stories detailing long-term recovery from these disasters underscore that federal, state, and local governments are struggling to appreciate the legal tools and institutions necessary to implement the large-scale infrastructure, housing, and community development programs that climate change and more frequent natural disasters demand. This Article calls for development of a tool allowing succinct evaluation of the range of community capacities that will figure critically …


Human Trafficking And Film: How Popular Portrayals Influence Law And Public Perception, Jonathan Todres Nov 2015

Human Trafficking And Film: How Popular Portrayals Influence Law And Public Perception, Jonathan Todres

Faculty Publications By Year

No abstract provided.


Regulating Drug Promotion To Promote The Public Health: A Response To Bennett, Et Al., Patricia J. Zettler Nov 2015

Regulating Drug Promotion To Promote The Public Health: A Response To Bennett, Et Al., Patricia J. Zettler

Faculty Publications By Year

No abstract provided.


Raser Technologies Order On Defendants' Motion To Temporarily Stay Proceedings Pending A Related U.S Supreme Court Decision, John J. Goger Oct 2015

Raser Technologies Order On Defendants' Motion To Temporarily Stay Proceedings Pending A Related U.S Supreme Court Decision, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Non-Party John W. Robinson Iii's Application For Protective Order, John J. Goger Oct 2015

Non-Party John W. Robinson Iii's Application For Protective Order, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Predictix, Llc, Order On Motion To Compel, Elizabeth E. Long Oct 2015

Predictix, Llc, Order On Motion To Compel, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Spinosa Order On Plaintiff's Motion To Compel Discovery, Alice D. Bonner Oct 2015

Spinosa Order On Plaintiff's Motion To Compel Discovery, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Suntrust Banks, Inc., Et Al., Order On Motion For Partial Judgment On The Pleadings, Alice D. Bonner Oct 2015

Suntrust Banks, Inc., Et Al., Order On Motion For Partial Judgment On The Pleadings, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Certificates Of Confidentiality: Protecting Human Subject Research Data In Law And Practice, Leslie E. Wolf, Mayank J. Patel, Brett A. Tarver, Jeffrey L. Austin, Lauren A. Dame, Laura M. Beskow Oct 2015

Certificates Of Confidentiality: Protecting Human Subject Research Data In Law And Practice, Leslie E. Wolf, Mayank J. Patel, Brett A. Tarver, Jeffrey L. Austin, Lauren A. Dame, Laura M. Beskow

Faculty Publications By Year

The federal Certificate of Confidentiality plays an important role in research on sensitive topics by authorizing researchers to refuse to disclose identifiable research data in response to subpoenas in any legal setting. However, there is little known about how effective Certificates are in practice. This article draws on our legal and empirical research on this topic to fill this information gap. It includes a description of the purpose of Certificates, their legislative and regulatory history, and a summary of the few reported and unreported cases that have dealt with Certificates. In addition, we outline other statutory confidentiality protections, compare them …


State Of Georgia Order On Defendants Alan Yeager And Aes Claims Partners, Llc's Motion To Stay Proceedings And Compel Arbitration, Melvin K. Westmoreland Sep 2015

State Of Georgia Order On Defendants Alan Yeager And Aes Claims Partners, Llc's Motion To Stay Proceedings And Compel Arbitration, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


2015-2016 Gsulr Masthead, Georgia State University College Of Law Sep 2015

2015-2016 Gsulr Masthead, Georgia State University College Of Law

Law Review Mastheads

No abstract provided.


Global Aerospace, Inc. Final Judgment And Order On Motions For Summary Judgment, Elizabeth E. Long Aug 2015

Global Aerospace, Inc. Final Judgment And Order On Motions For Summary Judgment, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Will We Pick Privacy Over Convenience When It Comes To Drones?, Caren M. Morrison Aug 2015

Will We Pick Privacy Over Convenience When It Comes To Drones?, Caren M. Morrison

Faculty Publications By Year

No abstract provided.


Will We Pick Privacy Over Drone-Drops From Amazon?, Caren M. Morrison Aug 2015

Will We Pick Privacy Over Drone-Drops From Amazon?, Caren M. Morrison

Faculty Publications By Year

No abstract provided.


Southern States Chemical Inc., Order On Motions For Summary Judgment, Alice D. Bonner Jul 2015

Southern States Chemical Inc., Order On Motions For Summary Judgment, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Compassionate Use Of Experimental Therapies: Who Should Decide?, Patricia J. Zettler Jul 2015

Compassionate Use Of Experimental Therapies: Who Should Decide?, Patricia J. Zettler

Faculty Publications By Year

In addition to being an example of unsubstantiated hype about regenerative medicine, the controversy around the Italy-based Stamina Foundation's unproven stem cell therapy represents another chapter in a continuing debate about how to balance patients' requests for early access to experimental medicines with requirements for demonstrating safety and effectiveness. Compassionate use of the Stamina therapy arguably should not have been permitted under Italy's laws, but public pressure was intense and judges ultimately granted access. One lesson from these events is that expert regulatory agencies may be the institutions most competent to make compassionate use decisions and that policies should include …


Gerber Products Co. Order On Defendant's Motion To Dismiss, Alice D. Bonner Jul 2015

Gerber Products Co. Order On Defendant's Motion To Dismiss, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Eden Order On Summary Judgment And Motion To Strike, Alice D. Bonner Jul 2015

Eden Order On Summary Judgment And Motion To Strike, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Regulatory Competitive Shelters In The Area Of Personalized Medicine, Yaniv Heled Jul 2015

Regulatory Competitive Shelters In The Area Of Personalized Medicine, Yaniv Heled

Faculty Publications By Year

No abstract provided.


Raser Technologies, Inc. Et Al., Order On Defendants' Motion For Entry Of Final Judgment Under O.C.G.A. 9-11-54(B), John Goger Jun 2015

Raser Technologies, Inc. Et Al., Order On Defendants' Motion For Entry Of Final Judgment Under O.C.G.A. 9-11-54(B), John Goger

Georgia Business Court Opinions

No abstract provided.


James A. Pritchard Iii, Order And Judgment On Plaintiff's Motion For Partial Summary Judgment As To Defendant Morris, Schneider, Wittstadt, Llc, Melvin K. Westmoreland Jun 2015

James A. Pritchard Iii, Order And Judgment On Plaintiff's Motion For Partial Summary Judgment As To Defendant Morris, Schneider, Wittstadt, Llc, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Global Aerospace Inc., Order On Defendants' Fourth Motion For Order Compelling Discovery Against Plaintiff Global Aerospace Inc., Elizabeth E. Long Jun 2015

Global Aerospace Inc., Order On Defendants' Fourth Motion For Order Compelling Discovery Against Plaintiff Global Aerospace Inc., Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


John W. Robinson Iii, Protective Order, John Goger Jun 2015

John W. Robinson Iii, Protective Order, John Goger

Georgia Business Court Opinions

No abstract provided.


Drummond Financial Services Llc, Interlocutory Injunction Order, John Goger May 2015

Drummond Financial Services Llc, Interlocutory Injunction Order, John Goger

Georgia Business Court Opinions

No abstract provided.