Local Government Law,
2020
Mercer University School of Law
Local Government Law, Russell A. Britt, Kelsey L. Kicklighter, Jennifer D. Herzog, Nick Kinsley, Jacob Stalvey O'Neal, Pearson K. Cunningham, Philip E. Friduss
Mercer Law Review
Interesting developments on the application of sovereign immunity continued during this survey period. In City of College Park v. Clayton County, the Georgia Supreme Court addressed whether sovereign immunity bars suits between political subdivisions of the state, such as counties and cities, and concluded that it does not. The case involved taxation of alcoholic beverages at Hartsfield-Jackson Atlanta International Airport. The airport is located primarily within Clayton County, while some of the businesses located within the airport are located in unincorporated sections of the county and other businesses are located within the incorporated limits of the City of College …
Shelter In Place: Executive Order By The Governor To Ensure A Safe & Healthy Georgia,
2020
Georgia State University College of Law
Shelter In Place: Executive Order By The Governor To Ensure A Safe & Healthy Georgia, Preston A. Dunaway, Graham H. Gordon
Georgia State University Law Review
The Order required all visitors and residents of Georgia to practice social distancing in compliance with the Centers for Disease Control and Prevention guidelines; prohibited businesses in Georgia from allowing groups of more than ten people to gather at any single location; imposed a mandatory shelter-in-place requirement for all visitors and residents of Georgia except for essential workers, as defined within the Order; and laid out guidelines for how businesses would operate during the quarantine. Further, the Order limited restaurant services and closed certain businesses, including gyms and bowling alleys. The Order also superseded all local Orders purporting to regulate …
Health Insurance Portability And Accountability Act Of 1996: Health & Public Welfare,
2020
Georgia State University College of Law
Health Insurance Portability And Accountability Act Of 1996: Health & Public Welfare, Erin L. Hayes, Kathryn A. Vance
Georgia State University Law Review
The Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”) establish a standard for the use and protection of individuals’ health information and apply to certain covered entities or their business associates. Covered entities may only disclose an individual’s protected health information in limited situations. Covered entities or individuals that fail to comply with the Privacy Rule standards may be subject to civil or criminal penalties.
The Governor's Mansion Is A House, Not A Home: Requiring Executives To Live At The Seat Of Government,
2020
West Virginia University College of Law
The Governor's Mansion Is A House, Not A Home: Requiring Executives To Live At The Seat Of Government, Ashley Faulkner
West Virginia Law Review
No abstract provided.
Criminal Procedure: Sentence And Punishment,
2020
Georgia State University College of Law
Criminal Procedure: Sentence And Punishment, Allison Kretovic, Insoo Lee
Georgia State University Law Review
The Act repeals certain provisions regarding the sentencing of defendants for crimes involving bias or prejudice and provides both criteria for punishment for those crimes and required reporting of those crimes.
Statewide Judicial Emergency: Judicial Order By The Supreme Court Of Georgia Declaring A Statewide Judicial Emergency,
2020
Georgia State University College of Law
Statewide Judicial Emergency: Judicial Order By The Supreme Court Of Georgia Declaring A Statewide Judicial Emergency, Stephanie J. Remy, Brittiny K. Slicker
Georgia State University Law Review
The Supreme Court of Georgia issued an Order declaring a Statewide Judicial Emergency to reduce the transmission of COVID-19 throughout the State of Georgia. The courts remained open to address essential functions, as defined within the Order. Additionally, all deadlines and other filing requirements were extended or tolled. Throughout the counties in Georgia, different courts released Orders outlining how they would follow the Judicial Emergency Order from the Supreme Court of Georgia. The Judicial Emergency Order had been extended four times as of August 1, 2020.
2020 Bar Examination: Judicial Order By The Supreme Court Of Georgia Providing For Provisional Admission To The Practice Of Law,
2020
Georgia State University College of Law
2020 Bar Examination: Judicial Order By The Supreme Court Of Georgia Providing For Provisional Admission To The Practice Of Law, Jessica M. Luegering, Gabby Wimley
Georgia State University Law Review
The Supreme Court of Georgia issued the Judicial Order to postpone administration of the July 2020 Georgia bar examination to September 2020. The Order provided for the provisional admission to the practice of law of recent law school graduates and lawyers new to Georgia—those most affected by the postponement.
Mandatory Quarantine: Administrative Order By The Georgia Department Of Public Health For Public Health Control Measures: Isolation Protocol,
2020
Georgia State University College of Law
Mandatory Quarantine: Administrative Order By The Georgia Department Of Public Health For Public Health Control Measures: Isolation Protocol, Matthew C. Daigle, Carissa L. Lavin
Georgia State University Law Review
The Administrative Order for Public Health Control Measures and its subsequent amendments outlined the Isolation and Quarantine Protocols for individuals who either tested positive for COVID-19 or were suspected of COVID-19 infection based on symptoms or prolonged exposure to the virus.
Forced Business Closures: Executive Orders By The Governor Closing Private Businesses,
2020
Georgia State University College of Law
Forced Business Closures: Executive Orders By The Governor Closing Private Businesses, Baylee A. Culverhouse, Alexa R. Martin
Georgia State University Law Review
Governor Brian Kemp (R) issued Executive Orders in response to the COVID-19 pandemic that required businesses to close in an effort to limit the spread of the virus. Business owners often challenged those forced business closures as unconstitutional or as exceeding the State’s police power, and those challenges were met with varying degrees of success.
Bioethics: Ethical Considerations Of Ventilator Triage During A Pandemic,
2020
Georgia State University College of Law
Bioethics: Ethical Considerations Of Ventilator Triage During A Pandemic, Susannah J. Gleason, William J. Keegan
Georgia State University Law Review
In the midst of the COVID-19 pandemic, hospitals across the country faced unprecedented volumes of patients seeking treatment related to the respiratory complications of the virus. As a result, states were forced to reassess existing scarce resource allocation guidelines to appropriately accommodate the high demand. This Peach Sheet analyzes the ethical considerations implicated in enacting and following these guidelines when treating patients, specifically in the context of ventilator triage in response to the COVID-19 pandemic.
First Amendment: Executive Order By The Governor Limiting Large Gatherings Statewide,
2020
Georgia State University College of Law
First Amendment: Executive Order By The Governor Limiting Large Gatherings Statewide, Alex N. Estroff, Boris W. Gautier
Georgia State University Law Review
Beginning in March 2020, Georgia Governor Brian Kemp (R) issued a series of Executive Orders addressing the State’s response to the COVID-19 pandemic. Included in these Orders was a prohibition on large groups of people gathering in a single location. Though an effective means of curtailing the virus’s rapid transmission, this specific provision became a source of controversy for groups who believed such a prohibition infringed upon their First Amendment rights.
Public Health State Of Emergency: Executive Order By The Governor Declaring A Public Health State Of Emergency,
2020
Georgia State University College of Law
Public Health State Of Emergency: Executive Order By The Governor Declaring A Public Health State Of Emergency, Rebecca Hu, Ellen Y. Min
Georgia State University Law Review
The Executive Order primarily functions to enumerate the Governor’s emergency powers during a Public Health State of Emergency. The Executive Order allows for the Governor to assist health and emergency management officials by deploying available resources for the mitigation and treatment of COVID-19 within Georgia.
Torts: Covid-19 Pandemic Business Safety Act & Executive Order By The Governor Designating Auxiliary Management Workers And Emergency Management Activities,
2020
Georgia State University College of Law
Torts: Covid-19 Pandemic Business Safety Act & Executive Order By The Governor Designating Auxiliary Management Workers And Emergency Management Activities, Angelena Velaj, Troy Viger
Georgia State University Law Review
The Executive Order expanded immunity from liability for volunteer health care workers as emergency management workers performing emergency management activities. The Order was not limited to only COVID-19-related activities. When the legislature reconvened, legislators passed the Georgia COVID-19 Pandemic Business Safety Act, which provided liability limitation to businesses against tort claims arising from the pandemic.
Elections: Elections And Primaries Through The Pandemic,
2020
Georgia State University College of Law
Elections: Elections And Primaries Through The Pandemic, Joseph M. Brickman, Logan D. Kirkes
Georgia State University Law Review
The 2020 election cycle was all but normal. Due to certain health concerns associated with the COVID-19 pandemic, Georgia delayed its primary election three months from March to June and summarily mailed absentee ballot request forms to all active, registered voters. From presidential social media postings to a federal lawsuit, debate ensued over the widespread usage of absentee ballots, their overall effectiveness and security, who would receive request forms, and whether postage requirements qualified as an impermissible poll tax. To further compound these uncertainties, Georgia legislators, who are not permitted to fundraise or campaign during the forty-day legislative session, had …
Preemption: Executive Order By The Governor To Ensure A Safe & Healthy Georgia,
2020
Georgia State University College of Law
Preemption: Executive Order By The Governor To Ensure A Safe & Healthy Georgia, Marisa P. Ahlzadeh, Fanny Chac
Georgia State University Law Review
The doctrine of preemption expresses the idea that “a higher authority of law will displace a lower authority of law when the two authorities come into conflict.” Preemption exists on both the federal and state level. According to the Georgia Constitution, local laws are permissible if they do not conflict with the state law on the subject. During a Public Health State of Emergency, the Governor of Georgia maintains certain expanded powers to take necessary action for the health and safety of the public. On April 2, 2020, Governor Brian Kemp (R) used these expanded powers to enact an Executive …
Walling Out: Rules And Standards In The Beach Access Context,
2020
Texas A&M University School of Law
Walling Out: Rules And Standards In The Beach Access Context, Timothy M. Mulvaney
Faculty Scholarship
The overwhelming majority of U.S. states facially allocate exclusionary rights and access privileges to beaches by categorically deciding whom to wall in and whom to wall out. In the conventional terms of the longstanding debate surrounding the design of legal directives, such “rules” are considered substantively determinant ex ante and, in application, analogically transparent across similarly situated cases. Only a small number of jurisdictions have adopted “standards” in the beach access context, which—again, on the conventional account—sacrifice both determinacy and transparency for the ability to accommodate ex post the complexities of individual cases. This Article contends that beach access policy …
Crimes And Offenses: Proposed Constitutional Carry Act Of 2019 & Executive Order By The Governor Temporarily Extending Renewal Requirements For Weapons Carry Licenses,
2020
Georgia State University College of Law
Crimes And Offenses: Proposed Constitutional Carry Act Of 2019 & Executive Order By The Governor Temporarily Extending Renewal Requirements For Weapons Carry Licenses, Kristin Harripaul, Briana A. James
Georgia State University Law Review
In March 2020, Governor Brian Kemp (R) issued an Executive Order declaring a Public Health State of Emergency due to COVID-19. The Supreme Court of Georgia also issued a Judicial Order declaring a Statewide Judicial Emergency. The Council of Probate Court Judges subsequently characterized the processing of weapons carry licenses as non-essential and temporarily suspended license issuances to limit the spread of COVID-19. HB 2 would have eliminated the license requirement and the need for probate judges to process applications. However, HB 2 never received a hearing before the 2019–20 legislative session ended. Gun rights advocates called on Governor Kemp …
The Life And Death Of Confederate Monuments,
2020
University of Miami School of Law
The Life And Death Of Confederate Monuments, Jessica Owley, Jess Phelps
Articles
Confederate monuments have again received increased attention in the aftermath of George Floyd's tragic death in Minneapolis, Minnesota, on May 25, 2020. Momentum and shifting public opinion are working toward the removal of these problematic monuments across the country. This Article seeks to provide insight for monument-removal advocates: specifically focusing on the legal issues associated with the "death" or removal of these monuments, how property law shapes and defines these efforts, and briefly examining what happens to these statues after removal. Our exploration of Confederate monuments reveals that some removal efforts occur outside of legally created processes. Both public and …
Decriminalizing Prostitution: Embracing The Swedish Model By Removing The Mistake-Of-Age Defense From New York’S Stop Violence In The Sex Trade Act,
2020
Brooklyn Law School
Decriminalizing Prostitution: Embracing The Swedish Model By Removing The Mistake-Of-Age Defense From New York’S Stop Violence In The Sex Trade Act, Carley Cooke
Journal of Law and Policy
In recent years, New York has re-focused on the widely debated topic of how to best manage and regulate prostitution in the United States. As a state-level issue, the debate presents an invaluable opportunity to re-examine how New York as a society views sex work. The answer in New York focuses on the idea that sex work is real work, where workers should be able to carry out their profession without stigma or fear of arrest. As it stands, the proposed reform largely focuses on decriminalizing both the purchase and sale of sex. This approach contrasts with the legal structure …
The Relationship Between Social Innovation And Active Mobility Public Services,
2020
University of Michigan Law School
The Relationship Between Social Innovation And Active Mobility Public Services, Silvia Stuchi Cruz, Sonia Paulino
Journal of Law and Mobility
This article aims to discuss the relationship between social innovation and public services on active mobility. Two active mobility initiatives are considered in the city of São Paulo, and analyzed based on 11 variables that characterize social innovation. Through the mapping of recent Brazilian regulatory frameworks for active mobility and a low-carbon economy, we can propose the following relationship: the more local (municipal) the public policy, the greater its social influence and participation. However, despite the advances indicated by both experiences of active mobility analyzed (highlighting the role of organized civil society), and by the progress in the regulatory framework, …
