Hb 727 - Regulation Of Fireworks,
2016
Georgia State University College of Law
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,
2016
Georgia State University College of Law
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),
2016
Georgia State University College of Law
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,
2016
Georgia State University College of Law
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,
2016
Georgia State University College of Law
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,
2016
Georgia State University College of Law
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,
2016
Georgia State University College of Law
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,
2016
Georgia State University College of Law
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,
2016
Georgia State University College of Law
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,
2016
Georgia State University College of Law
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,
2016
Georgia State University College of Law
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,
2016
Georgia State University College of Law
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,
2016
Georgia State University College of Law
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.
Narcotics Legislation - A Total Approach,
2016
St. John's University School of Law
Narcotics Legislation - A Total Approach, Irving Lang
The Catholic Lawyer
No abstract provided.
Legislative Solutions To Narcotic And Drug Addiction,
2016
St. John's University School of Law
Legislative Solutions To Narcotic And Drug Addiction, Joseph R. Corso
The Catholic Lawyer
No abstract provided.
What Lurks Below Beckles,
2016
University of Michigan Law School
What Lurks Below Beckles, Leah Litman, Shakeer Rahman
Articles
This Essay argues that if the Supreme Court grants habeas relief in Beckles v. United States, then it should spell out certain details about where a Beckles claim comes from and who such a claim benefits. Those details are not essential to the main question raised in the case, but the federal habeas statute takes away the Supreme Court’s jurisdiction to hear just about any case that would raise those questions. For that reason, this Essay concludes that failing to address those questions now could arbitrarily condemn hundreds of prisoners to illegal sentences and lead to a situation where the …
Compulsory Sterilization: A Re-Examination,
2016
St. John's University School of Law
The New Immigration Law,
2016
St. John's University School of Law
Amnesty International's Empty Promises: Decriminalization, Prostituted Women, And Sex Trafficking,
2016
Princeton University
Amnesty International's Empty Promises: Decriminalization, Prostituted Women, And Sex Trafficking, Darren Geist
Dignity: A Journal of Analysis of Exploitation and Violence
Through a close examination of Amnesty International’s (Amnesty) own arguments and sources, this paper demonstrates that Amnesty’s proposal to decriminalize prostitution or “sex work” will harm those it claims to help. It concludes that the best available evidence indicates that decriminalization of prostitution would: increase sex trafficking, leave prostituted women or “sex workers” more vulnerable to violence, and reduce access to healthcare, protection, and services. Prostituted women primarily enter the industry at a young age, often suffering from a history of sexual and physical abuse, coming from marginalized and vulnerable communities, and driven by emotional and economic desperation. It is …
Resolving The Divided Patent Infringement Dilemma,
2016
Terry College of Business, University of Georgia
Resolving The Divided Patent Infringement Dilemma, Nathanial Grow
University of Michigan Journal of Law Reform
This Article considers cases of divided patent infringement: those in which two or more parties collectively perform all the steps of a patented claim, but where no single party acting alone has completed the entire patented invention. Despite the increasing frequency with which such cases appear to be arising, courts have struggled to equitably resolve these lawsuits under the constraints of the existing statutory framework because of the competing policy concerns they present. On the one hand, any standard that holds two or more parties strictly liable whenever their combined actions infringe a patent risks imposing liability on countless seemingly …
