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Articles 211 - 240 of 892
Full-Text Articles in Legislation
Dead Or Alive? The Law, Policy, And Market Effects Of Legislation On Unclaimed Life Insurance Benefits, James M. Carson, Robert E. Hoyt, Tim R. Samples
Dead Or Alive? The Law, Policy, And Market Effects Of Legislation On Unclaimed Life Insurance Benefits, James M. Carson, Robert E. Hoyt, Tim R. Samples
Notre Dame Journal of Law, Ethics & Public Policy
A wave of multi-state audits on the insurance industry’s use of the Social Security Administration’s Death Master File (DMF) stirred national controversy over the status of unclaimed life insurance proceeds. Multi-state investigations uncovered “asymmetric” use of the DMF among many large insurance companies. Accusations of unethical behavior led to numerous settlement agreements between state regulators and insurers. Payouts and fines stemming from these settlements already number in the billions of dollars. Legislative responses are also underway. Some states have adopted—and others are considering—legislation requiring life insurers to search the DMF to identify and pay (or eascheat) unclaimed death benefits. Currently, …
Dynamic Regulatory Constitutionalism: Taking Legislation Seriously In The Judicial Enforcement Of Economic And Social Rights, Richard Stacey
Dynamic Regulatory Constitutionalism: Taking Legislation Seriously In The Judicial Enforcement Of Economic And Social Rights, Richard Stacey
Notre Dame Journal of Law, Ethics & Public Policy
The international human rights revolution in the decades after the Second World War recognized economic and social rights alongside civil and political rights. The Universal Declaration of Human Rights in 1949, the International Covenant on Economic, Social, and Cultural Rights in 1966, regional treaties, and subject-specific treaties variously describe rights to food, shelter, health, and education, and set out state obligations for the treatment of children. When they first appeared, these international, economic, and social rights instruments raised questions about whether economic and social rights are justiciable in domestic legal contexts and whether they can be meaningfully enforced by courts …
Judges’ Varied Views On Textualism: The Roberts-Alito Schism And The Similar District Judge Divergence That Undercuts The Widely Assumed Textualism-Ideology Correlation, Scott A. Moss
Publications
No abstract provided.
Foreword: The Workplace Law Agenda Of The Obama Administration, Ruben J. Garcia
Foreword: The Workplace Law Agenda Of The Obama Administration, Ruben J. Garcia
Scholarly Works
Professor Ruben Garcia introduces a Symposium issue of the Employee Rights and Employment Policy Journal focused on an assessment of several key aspects of the workplace law record thus far of President Barack Obama.
Human Rights Hero: Abner J. Mikva, Stephen Wermiel
Human Rights Hero: Abner J. Mikva, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Hb 727 - Regulation Of Fireworks, Tim Henshaw, Max Perwich
Hb 727 - Regulation Of Fireworks, Tim Henshaw, Max Perwich
Georgia State University Law Review
HB 727 establishes provisions to allow local governments to restrict the usage of fireworks. It also changes regulations for the following: the sale and use of fireworks, temporary consumer fireworks sales stands, fire department requirements, firefighter qualifications, pyrotechnics exhibits, consumer fireworks distributor licenses, fireworks contraband, limitations on the timing of firework detonations, and illegal sales of fireworks. HB 727 revises provisions regarding the lawful use and ignition of fireworks and prohibits the following: use of fireworks near any public transportation routes, ignition of fireworks under the influence of alcohol or drugs, sale of fireworks to any person under 18 years …
Hb 513 - Civil Practice Act: Anti-Slapp, Pierre-Joseph Noebes, Rachel Reed
Hb 513 - Civil Practice Act: Anti-Slapp, Pierre-Joseph Noebes, Rachel Reed
Georgia State University Law Review
The Act amends Georgia’s anti-SLAPP statute to expand its coverage from protecting the right to petition to also include protecting the right of free speech in connection with an issue of public interest or concern. Claims brought against those involved in such activities shall be subject to a motion to strike, unless the court determines that the non-moving party has established a probability that the claimant can prevail on the merits. If the moving party succeeds on a motion to strike,the court will award the party attorney’s fees and costs associated with the motion. Any order granting or denying a …
Hb 768 - Georgia Achieving A Better Life Experience (Able), Amy Patterson, Melissa Sprinkle
Hb 768 - Georgia Achieving A Better Life Experience (Able), Amy Patterson, Melissa Sprinkle
Georgia State University Law Review
The Act creates a tax-exempt savings account program for persons with disabilities in order to help them live independently. It creates an ABLE Program Corporation whose board is authorized to implement and administer the program.
Hb 941 - Pretrial Proceedings, Majda Muhic, Kirstin Rodrigues
Hb 941 - Pretrial Proceedings, Majda Muhic, Kirstin Rodrigues
Georgia State University Law Review
The Act changes the grand jury proceedings for police officers charged with committing a crime in the course of performing their official duties. Prior to the Act, Georgia police officers were permitted to be present for the entire duration of grand jury proceedings, hear all of the evidence presented against them, and then testify to the grand jury at the end of the proceedings without being subject to cross examination. Grand jury hearings produced no records, so interested parties had no opportunity to find out what transpired in the proceedings. After the passage of the Act, police officers retain the …
Sb 255 - Garnishment Proceedings, Amy Bement, Kianna Hawkins, Elizabeth Wedegis
Sb 255 - Garnishment Proceedings, Amy Bement, Kianna Hawkins, Elizabeth Wedegis
Georgia State University Law Review
The Act reorganizes and modernizes Georgia’s garnishment code by requiring notice of garnishment exemptions to debtors, providing a process for the resolution of exemption claims, limiting the garnishment period for financial accounts to twenty four hours, requiring service of garnishment summons to be performed upon a registered agent of a corporation, and mandating the use of the forms provided in the Act.
Sb 331 - Parent And Child Relationship Generally, Corbin Aiken, Karen Lowell
Sb 331 - Parent And Child Relationship Generally, Corbin Aiken, Karen Lowell
Georgia State University Law Review
The Act amends provisions of Georgia’s domestic relations statutes to allow a court to deny a biological father’s legitimation petition or to terminate his parental rights when there is clear and convincing evidence that the child was conceived as a result of rape. If the court denies the biological father’s legitimation petition, the child is still capable of inheriting from the father, but the father is not capable of benefiting from the child.
Sb 367 - Comprehensive Reform For Offenders Entering, Proceeding Through, And Leaving The Criminal Justice System, W. Sean Mcphillip, Andrew A. Palmer, Oren Snir
Sb 367 - Comprehensive Reform For Offenders Entering, Proceeding Through, And Leaving The Criminal Justice System, W. Sean Mcphillip, Andrew A. Palmer, Oren Snir
Georgia State University Law Review
The Act provides comprehensive reform for offenders entering, proceeding through, and leaving the criminal justice system. It expands accountability courts and pretrial intervention and diversion programs. The Act provides for students incarcerated in Department of Corrections facilities or incarcerated or committed to Department of Juvenile Justice facilities to receive educational services through a state charter school. It also revises matters and procedures related to school discipline and the regaining of driving privileges for those convicted of certain crimes. In addition, the Act clarifies the responsibilities of, and provides for reorganization within, the Board of Community Supervision and Department of Community …
Hb 801 - Postsecondary Education: Hope Scholarship, S. Umarah Ali, Sakinah N. Jones
Hb 801 - Postsecondary Education: Hope Scholarship, S. Umarah Ali, Sakinah N. Jones
Georgia State University Law Review
The Act amends provisions of the HOPE scholarship by allowing students who choose to take more rigorous courses to have a weighted grade point average for the evaluation of their HOPE scholarship disbursement.
Hb 927 - Supreme Court, Appellate Court Efficiencies, Bryan Janflone, Michael F. Williford
Hb 927 - Supreme Court, Appellate Court Efficiencies, Bryan Janflone, Michael F. Williford
Georgia State University Law Review
The Act expands the jurisdiction of the Georgia Court of Appeals and increases the number of Supreme Court Justices from seven to nine to alleviate the overly burdened Supreme Court of Georgia. The Supreme Court had exclusive appellate jurisdiction over cases involving title to land, wills, and divorce. The Act allows the Court of Appeals to hear appeals on these matters.
Hb 757 - Public Lawsuits: Protect Religious Freedoms, Phillip Kuck, William Cody Newsome
Hb 757 - Public Lawsuits: Protect Religious Freedoms, Phillip Kuck, William Cody Newsome
Georgia State University Law Review
The Act purported to protect the free exercise of religion for religious officials and institutions. Religious officials would not be required to perform marriage ceremonies in violation of their legal right to free exercise of religion. Moreover, faith based organizations would have been permitted to deny employment to individuals whose religious beliefs, or lack thereof, are not in accord with the organization. The Act would have further provided that no business may be required, by legislation, to operate on Saturday or Sunday and that sovereign immunity is waived under certain circumstances.
Sb 323 - State Printing And Documents, M. Adam Kaye Jr., Kaitlyn Pettet
Sb 323 - State Printing And Documents, M. Adam Kaye Jr., Kaitlyn Pettet
Georgia State University Law Review
The Act exempts economic development project documents, maintained by any state government agency, from public disclosure until the project is secured by binding commitment. The Act also allows any state university’s athletic department ninety days to return open records requests.
Hb 362 & Hb 588 - Controlled Substances, William Fawcett, April Meeks
Hb 362 & Hb 588 - Controlled Substances, William Fawcett, April Meeks
Georgia State University Law Review
The Act mandates the installation of real-time electronic tracking systems in all pharmacies that sell products containing ephedrine and pseudoephedrine, which are ingredients used in the manufacture of methamphetamine. When customers attempt to purchase more than the maximum amount of these products, the tracking system blocks the sale by issuing a stop sale alert.
Hb 859 - Offenses Against Public Order And Safety, David Hsu, Jessica Weekley Truelove
Hb 859 - Offenses Against Public Order And Safety, David Hsu, Jessica Weekley Truelove
Georgia State University Law Review
The Act would have allowed legal possession of a concealed firearm for individuals with a Georgia Weapons Carry License on property owned or leased by a technical school, college, or university.
Family Law, Allison Anna Tait
Legislation's Culture, Richard K. Neumann Jr.
Legislation's Culture, Richard K. Neumann Jr.
West Virginia Law Review
No abstract provided.
Poison Pills: Recent Negative Economic Effects Justify Repealing The Related Legislation And Increasing Shareholder Ownership Rights, Wilton Robinson
Poison Pills: Recent Negative Economic Effects Justify Repealing The Related Legislation And Increasing Shareholder Ownership Rights, Wilton Robinson
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Redefining The Rico Statute: Potential Avenues For Improvement, David Scouten
Redefining The Rico Statute: Potential Avenues For Improvement, David Scouten
Senior Honors Theses
The civil application of the Racketeering Influenced and Corrupt Organizations Act (RICO) has been misapplied by the lower courts, but the statute can be improved by incorporating elements that will make the statute a better tool for justice. It is evident from examining the procedural limitations of the statute and important case law that the securities fraud gap, terrorism financing, and difficulties for indirect victims are three critical subjects that need to be addressed by enhancing RICO. Flaws and shortcomings of the RICO statute have led to inconsistencies in court rulings. The expansive language of RICO can be limited to …
Introduction: Examining White Collar Crime With Trifocals, Ellen S. Podgor
Introduction: Examining White Collar Crime With Trifocals, Ellen S. Podgor
Fordham Urban Law Journal
No abstract provided.
Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System, Mary Elizabeth Castillo
Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System, Mary Elizabeth Castillo
Journal of Legislation
This note seeks to examine the tripartite relationship between legislative delegation, prosecutorial discretion, and public pressures in the context of Florida's "Stand Your Ground" regime. In the context of high profile criminal cases, a prosecutor faces significant public and political pressures that may influence her exercise of discretion in that case. Ultimately, Castillo argues that when a prosecutor succumbs to these pressures, it undermines her expertise, experience and exercise of discretion, and undercuts the legitimacy of the criminal justice system as a whole.
Preventing Preemption: Finding Space For States To Protect Consumers' Reputations, Elizabeth De Armond
Preventing Preemption: Finding Space For States To Protect Consumers' Reputations, Elizabeth De Armond
All Faculty Scholarship
The Great Recession awoke state legislators to the power of individuals’ credit reports to hinder their economic opportunities. Many legislators would like to assuage the effects of bad historical events on the futures of the citizens that they represent. Among the topics they can address are employers’ use of credit reports, the presence of criminal record information in credit reports, and the toxic effects of identity theft and medical debt on credit reports. However, the federal Fair Credit Reporting Act’s preemptive effects must be acknowledged and negotiated. This article evaluates potential state legislative efforts against the FCRA’s preemption provisions and …
Same-Sex Parenting Among A Patchwork Of Laws: An Analysis Of New York Same-Sex Parents’ Options For Gaining Legal Parental Status, Alexander Newman
Same-Sex Parenting Among A Patchwork Of Laws: An Analysis Of New York Same-Sex Parents’ Options For Gaining Legal Parental Status, Alexander Newman
Cardozo Law Review de•novo
While national attention has focused on the recent Supreme Court decision, Obergefell v. Hodges, which legalized same-sex marriage, less attention has been paid to the aftermath: how will those same-sex couples, now legally married, use laws drafted for different-sex couples? This Note will focus on one of these conflicts: the children born to and adopted by same-sex couples, and the legal relationship between the couples and their children within the state of New York. As nontraditional families have become more prevalent, the law has lagged behind and families have been forced to apply outdated laws to new arrangements. This …
The Inapplicability Of First Amendment Protections To Bds Movement Boycotts, Marc A. Greendorfer
The Inapplicability Of First Amendment Protections To Bds Movement Boycotts, Marc A. Greendorfer
Cardozo Law Review de•novo
This paper has been derived from, and is an expansion of, certain arguments the author made in an earlier legal study of the BDS Movement under United States law entitled, “The BDS Movement: That Which We Call a Foreign Boycott, by Any Other Name, Is Still Illegal,” and is meant to rebut recent misleading assertions that the First Amendment protects participation by United States persons in foreign boycotts of Israel.
The Road To Adopting And Implementing Systemic Disclosure Changes In The Dallas County District Attorney’S Office, Susan Hawk, Patricia J. Cummings
The Road To Adopting And Implementing Systemic Disclosure Changes In The Dallas County District Attorney’S Office, Susan Hawk, Patricia J. Cummings
Cardozo Law Review de•novo
Discovery and Brady are currently two of the most discussed and debated topics in our criminal justice system. Americans have become more and more aware of the number of individuals convicted and incarcerated for crimes they did not commit. In 2007, in a very bold and innovative move, the Dallas County District Attorney’s Office created the Conviction Integrity Unit (CIU) to reexamine questionable convictions to determine if a particular defendant was in fact guilty.
No Copyright In The Law: A Basic Principle, Yet A Continuing Battle, Elizabeth Scheibel
No Copyright In The Law: A Basic Principle, Yet A Continuing Battle, Elizabeth Scheibel
Cybaris®
No abstract provided.
Digital Evidence And The Adversarial System, Colton Fehr
Digital Evidence And The Adversarial System, Colton Fehr
Canadian Journal of Law and Technology
Scholars have observed that the adversarial system tends to provide courts with only a ‘‘small snapshot of the technological whole,” which in turn forms the record upon which broader legal pronouncements occur. As a result, they contend that legislatures should be more proactive in making rules governing complex and rapidly advancing technologies, and that courts must show deference to these rules. Other scholars retort that, in practice, legislatures often fail to update obviously flawed and outdated privacy provisions. Whether due to special interest influence, majoritarian dislike of criminal suspects, or other institutional constraints, legislative responses have been wanting. As such, …