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Articles 328141 - 328170 of 546111
Full-Text Articles in Law
Section 1500 And The Jurisdictional Pitfalls Of Federal Government Litigation , Paul Frederic Kirgis
Section 1500 And The Jurisdictional Pitfalls Of Federal Government Litigation , Paul Frederic Kirgis
American University Law Review
No abstract provided.
In Search Of Truth: A Case For Expanding Perjury's Recantation Defense, Peter M. Agulnick
In Search Of Truth: A Case For Expanding Perjury's Recantation Defense, Peter M. Agulnick
West Virginia Law Review
No abstract provided.
Vol. 13, No. 15 (December 1, 1997)
Editor's Note, Michael M. Pratt
Editor's Note, Michael M. Pratt
Federal Communications Law Journal
No abstract provided.
The Telecommunications Act Of 1996: Codifying The Digital Divide, Allen S. Hammond Iv
The Telecommunications Act Of 1996: Codifying The Digital Divide, Allen S. Hammond Iv
Federal Communications Law Journal
The Telecommunications Act of 1996 purports to ensure every American eventual access to advanced telecommunications networks and services, and more immediate access to basic telephone networks and services. This access is essential because it determines the ease with which Americans can acquire an education, obtain employment, control financial affairs, access emergency assistance, and participate in the political process. The interpretation and implementation of the 1996 Act is critical because there is an imminent danger that a large portion of society— in inner cities, near suburbs, and small towns— not be connected to the "national electronic nervous system." To ensure that …
Using Market-Based Spectrum Policy To Promote The Public Interest, Gregory L. Rosston, Jeffrey S. Steinberg
Using Market-Based Spectrum Policy To Promote The Public Interest, Gregory L. Rosston, Jeffrey S. Steinberg
Federal Communications Law Journal
With the increasing demand for spectrum to accommodate emerging technologies, and the discovery that higher frequencies are usable, the FCC has replaced its reliance on administrative mechanisms for allocating spectrum with a more flexible, market-based approach. The FCC can best accomplish its mission of promoting the public interest by continuing to rely on competitive market forces and by establishing a clear and consistent paradigm for approaching allocation, assignment, usage, and other policies. Such a paradigm envisions an FCC that would actively monitor spectrum to remedy situations in which it is not used to its full value; establish mechanisms to reduce …
International Jurisdiction In Cyberspace: Which States May Regulate The Internet?, Stephan Wilske, Teresa Schiller
International Jurisdiction In Cyberspace: Which States May Regulate The Internet?, Stephan Wilske, Teresa Schiller
Federal Communications Law Journal
The Internet now reaches 60 million users in 160 countries, with the number increasing each year. Although cyberspace has been viewed as a self-regulating entity controlled by no government, this myth is being destroyed as the global Internet community expands. With this expansion comes a question: Who has the authority to regulate cyberspace? Given that decisions about the Internet reach far beyond national borders, the answer to this question is unknown, but certainly has broad implications. Traditional laws of international jurisdiction, including jurisdiction to prescribe, jurisdiction to adjudicate, and jurisdiction to enforce, offer some clear answers. However, further development of …
Section 254 Of The Telecommunications Act Of 1996: A Hidden Tax?, Nichole L. Millard
Section 254 Of The Telecommunications Act Of 1996: A Hidden Tax?, Nichole L. Millard
Federal Communications Law Journal
Congress has the sole power to levy and collect taxes. The Supreme Court has ruled that Congress may delegate this authority to administrative agencies so long as the will of Congress is clearly defined in the legislation. However, section 254 of the Telecommunications Act of 1996 operates as an unconstitutional delegation of Congress' authority to tax. This legislation provides the FCC with unfettered discretion in defining the boundaries of universal service and the authority to mandate that all consumers of telecommunications services subsidize the cost for low-income and rural consumers, as well as schools, libraries, and health care providers.
Whither Unregulated Access Competition?, Clayton C. Miller
Whither Unregulated Access Competition?, Clayton C. Miller
Federal Communications Law Journal
Book Review: Universal Service: Competition, Interconnection, and Monopoly in the Making of the American Telephone System, by Milton L. Mueller, Jr., MIT Press and AEI Press, 1997, 191 pages.
Restricting Speech On The Internet: Finding An Appropriate Regulatory Framework, Andrew B. Sims, Parry Aftab, Lisa M. Fantino, Richard A. Kurnit
Restricting Speech On The Internet: Finding An Appropriate Regulatory Framework, Andrew B. Sims, Parry Aftab, Lisa M. Fantino, Richard A. Kurnit
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Cocaine-Cola, The Velvet Elvis, And Anti-Barbie: Defending The Trademark And Publicity Rights To Cultural Icons, Steven M. Cordero
Cocaine-Cola, The Velvet Elvis, And Anti-Barbie: Defending The Trademark And Publicity Rights To Cultural Icons, Steven M. Cordero
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Property Landlord And Tenant: Provide For Commission Protection For Real Estate Brokers Subsequent To Any Transfer Or Conveyance Of Real Property Or A Leasehold Interest; Provide For Notices Of Commission Rights And Waiver And Release Of Commission Rights, Kathryn O'Neill Pulliam
Georgia State University Law Review
The Act makes the obligations of a landlord or tenant under a written brokerage commission agreement binding contractual obligations of such a landlord or tenant and of their respective grantees, successors, and assigns. The Act makes succeeding parties bound under such agreement after the sale, transfer, assignment, or other disposition of the subject property or leasehold interest if the conditions specified in the Act are satisfied. The Act provides for the form of notice of commission rights to be filed, as well as the place and timing of the filing. The provisions of the new Code section apply only to …
Social Services Public Assistance: Repeal "Aid To Dependent Children Act"; Create "Temporary Assistance For Needy Families Act", Margaret Ann Shannon
Social Services Public Assistance: Repeal "Aid To Dependent Children Act"; Create "Temporary Assistance For Needy Families Act", Margaret Ann Shannon
Georgia State University Law Review
The Act repeals the Aid to Dependent Children Act and enacts Temporary Assistance for Needy Families Act (TANF). The Act provides for electronic transfer of payments, changes hearing provisions, and changes fraud and subpoena issuance provisions. It defines TANF terms, provides for TANF's purpose, for administration, and for assistance limits. The Act authorizes and requires the promulgation of rules and regulations, and provides guidelines for rules and regulations. It provides for the duties of the Board and Department of Human Resources. It provides ineligibility criteria, and provides for conduct authorizing reduction and termination. It provides for appeals, hearings, and a …
Motor Vehicles And Traffic Drivers' Licenses: Comply With The Provisions Of The Federal Driver's Privacy Protection Act; Provide Strict Guidelines For The Release Of Personal Information From Drivers' Licenses And Other Records Of The Department Of Public Safety, W. Kent Davis
Georgia State University Law Review
The Act implements provisions of the federal Driver's Privacy Protection Act. The Act goes beyond the provisions of the federal Act in many respects, however. It lays strict guidelines for the release of information held by the Department of Public Safety, delineating the parties to whom this information can be released and under what circumstances. The Act also ensures that records of such releases are maintained by the Department and made available to the individual who is the subject of the release.
Professions And Businesses Physicians, Physician's Assistants, And Respiratory Care: Allow Access To Experimental Or Nonconventional Methods Of Medical Treatment, Andrew J. Surdykowski
Professions And Businesses Physicians, Physician's Assistants, And Respiratory Care: Allow Access To Experimental Or Nonconventional Methods Of Medical Treatment, Andrew J. Surdykowski
Georgia State University Law Review
The Act relates to the licensure of medical practice and provides individuals the right to be provided with any medical treatment desired or authorized under certain conditions. The Act specifically authorizes treatment that is experimental or nonconventional. A person licensed to practice medicine is given immunity from disciplinary actions that involve unprofessional practice or conduct in relation to treatment that complies with this Code section.
Penal Institutions Correctional Institutions Of State And Counties: Allow Privately-Operated Prisons To Utilize Penal Labor Following The Same Standards As State-Run Institutions, James D. Johnson
Georgia State University Law Review
The Act provides for privately-operated prisons to utilize state inmate labor in the same way that state-run prisons utilize inmate labor. Profits from any labor or products by these inmates will go to the state. The Act also provides for an official custodian of the Department of Corrections records and provides that certified records of the Department of Corrections be admissible in civil and criminal proceedings.
Motor Vehicles And Traffic Registration And Licensing Of Motor Vehicles And Ad Valorem Taxation: Issue License Plates To Vehicle Owners Instead Of Vehicles; Allow License Plates To Be Transferred Between Vehicles Successively Owned By The Same Person; Amend Laws Concerning Ad Valorem Taxation Of Motor Vehicles, Corin Mccarthy
Georgia State University Law Review
The Act changes certain provisions of title 40 of the Georgia Code, by defining terms to eliminate confusion, by providing that license plates and revalidation decals be issued to vehicle owners instead of assigned to vehicles, by providing that license plates and revalidation decals be transferred between vehicles in certain circumstances, and by making various other administrative changes concerning the registration and licensing of vehicles. The Act also changes certain provision of title 48 of the Code, relating to revenue and taxation, by defining terms to eliminate confusion, by changing certain provisions relating to motor vehicles subject to ad valorem …
State Government Administrative Procedures: Provide That An Agency Shall Consider The Least Costly Alternative That Complies With The Statutory Directive In Formulating Certain Rules; Authorize Agencies To Grant Variances And Waivers From Compliance With Certain Rules Under Restricted Circumstances; Provide For Procedures And Exceptions; Provide For Review, James F. Merna
Georgia State University Law Review
The Act amends the Georgia Administrative Procedure Act to require state agencies to consider the least costly alternative to agency rules or regulations when petitioned by a party affected by the agency's regulation. The proposed alternative must still meet the purposes of the statutes that are the foundation for the rule. The Act provides relief to affected parties when the strict application of agency rules results in excessive costs to the party or other unintended results. The Act provides relief to affected parties by authorizing the regulating agency to grant variances and waivers from strict compliance with the rules.
Professions And Businesses Physicians, Physician's Assistants, And Respiratory Care: Require Out-Of-State Physicians Who Provide Patient Care In Georgia Via Telemedicine To Hold Georgia License, Katie Wood
Georgia State University Law Review
The Act requires physicians who are located outside the State of Georgia, but provide patient care inside the state via telemedicine, to be licensed to practice medicine in Georgia. The Act carves out limited exceptions, including a consultation at the request of a Georgia-licensed physician or where the consultation is provided at no charge.
Social Services Public Assistance: Bar Participation By Person Convicted Of Violating Of Georgia Medical Assistance Act; Create Medicaid Fraud Forfeiture Act To Freeze Assets Of Fraud Suspects, Katie Wood
Georgia State University Law Review
The Act gives prosecutors the power to freeze and seize the property of Medicaid fraud suspects. The Act also gives the Department of Medical Assistance the authority to prohibit persons previously convicted of Medicaid fraud from participating in the program.
Wills, Trusts, And Administration Of Estates Wills, Probate, And Administration Of Estates: Amend 1996 Revision Of Georgia Probate Code; Authorize Appointment Of Additional County Administrators In All Counties; Clarify And Renumber Provision Relating To Effect Of A Decree Of Adoption; Change Provision Relating To Inheritance Of A Child Born Out Of Wedlock Through The Child's Father; Change Provisions For Petition For An Order That No Administration Is Necessary; Provide Discretion For Probate Judge To Order Separate Awards Of Year's Support For Minor Children And Surviving Spouse; Change Provision On Contracts Concerning Succession; Change Provision On Tim Limitation For Probate Of Wills; Provide That Proof Of Codicil Is Proof Of A Will In Certain Circumstances; Change Provisions Relating To Selection, Appointment, And Compensation Of Administrators And Personal Representatives; Change Provisions Relating To Notice And Time To Respond Or File Objections; Change Other Probate Procedures For Clarity And Efficiency, Stephen M. Dickson
Georgia State University Law Review
The Act changes existing law to allow probate judges in all Georgia counties to appoint assistant county administrators, regardless of the county's population. The Act makes changes to the new Georgia Probate Code, which was enacted by the 1996 General Assembly. Because the 1996 Code Revision was so extensive and important, it provided for a delayed effective date of January 1, 1998. The purpose behind the delay in implementation was to allow time for the legal community and other interested parties to analyze, make comments, and suggest changes to the new Probate Code. The Act makes various changes to improve …
Universal Service In The Schools: One Step Too Far?, Christine M. Mason
Universal Service In The Schools: One Step Too Far?, Christine M. Mason
Federal Communications Law Journal
Universal service is extended to include new recipients, such as schools, as a result of the Telecommunications Act of 1996. The FCC should proceed cautiously, and maintain its commitment to the traditional goal of universal service— Americans with basic telephone services— carrying out this new mandate.
All Wired Up: An Analysis Of The Fcc's Order To Internally Connect Schools, Roxana E. Cook
All Wired Up: An Analysis Of The Fcc's Order To Internally Connect Schools, Roxana E. Cook
Federal Communications Law Journal
The Telecommunications Act of 1996 extends universal service support to schools and libraries. Pursuant to this legislation, the FCC has provided all eligible schools with discounts of between twenty and ninety percent on telecommunications services, Internet access, and internal connections— to a 2.25 billion dollar annual cap. Critics have denounced the subsidy for internal connections as unsupported by the Act's language and outside the FCC's authority. However, based on a plain reading of the statute, on case law, and on legislative history, it is clear that the FCC properly exercised discretion in allocating the potential fund.
Getting On Board: Legal, Ethical, And Practical Considerations For Nonprofit Board Members, Hannibal B. Johnson
Getting On Board: Legal, Ethical, And Practical Considerations For Nonprofit Board Members, Hannibal B. Johnson
Tulsa Law Review
No abstract provided.
Refining The Racial Gerrymandering Claim: Bush V. Vera, Nelson Ebaugh
Refining The Racial Gerrymandering Claim: Bush V. Vera, Nelson Ebaugh
Tulsa Law Review
No abstract provided.
O'Connor V. Consolidated Coin Caterers Corp.: Can An Adea Plaintiff Ever Win, Tara Van Ausdall
O'Connor V. Consolidated Coin Caterers Corp.: Can An Adea Plaintiff Ever Win, Tara Van Ausdall
Tulsa Law Review
No abstract provided.
Sex Selection Abortion And The Boomerang Effect Of A Woman's Right To Choose: A Paradox Of The Skeptics, Lynne Marie Kohm
Sex Selection Abortion And The Boomerang Effect Of A Woman's Right To Choose: A Paradox Of The Skeptics, Lynne Marie Kohm
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Hoodwink'd By Custom: The Exclusion Of Women From Juries In Eighteenth-Century English Law And Literature, Judy M. Cornett
Hoodwink'd By Custom: The Exclusion Of Women From Juries In Eighteenth-Century English Law And Literature, Judy M. Cornett
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Executing Rapists: A Reluctant Essay On The Ethics Of Legal Scholarship, Michael Mello
Executing Rapists: A Reluctant Essay On The Ethics Of Legal Scholarship, Michael Mello
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
"My God!" Is This How A Feminist Analyzes Excited Utterances, Randolph N. Jonakait
"My God!" Is This How A Feminist Analyzes Excited Utterances, Randolph N. Jonakait
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.