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Addressing The Inadequacies of Defamation Law As a Method of Stopping Disinformation: The Possibilities of Post-Adjudication Injunctive Relief

Individuals harmed by weaponized disinformation possess only one avenue for legal recourse: bringing a defamation suit in civil court. Monetary damages are the standard remedy for the defamed, and while sufficient in some cases, plaintiffs may seek to use the legal system to stop the further spread of the very

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Undue Burdens: Georgia’s Life Act and Its Disporportionate Impact on Women Experiencing Intimate Partner Violence

More than half of women in Georgia report experiencing some form of intimate partner violence (IPV) in their lifetime. Women experiencing IPV are not only at greater risk of unintended pregnancy, but those who do become pregnant often face more frequent and severe abuse, increasing their risk of miscarriage. Despite

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Penalty Box: The Eighth Amendment’s Role in the FBAR Penalties Game

A sharp disagreement has emerged among federal circuit courts regarding the application of the Eighth Amendment’s Excessive Fines Clause to penalties for failing to file a Foreign Bank Account Report (FBAR). This has created legal uncertainty for individuals with foreign financial interests. The resulting circuit split leads to disparate

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Affordable Housing Cooperatives as Shared Equity Homeownership: Part I – An Expanded View of Organizational Law and its Governance Dimensions

Scholars and advocates have emphasized affordable housing cooperatives as an important opportunity for shared equity homeownership. Yet, except for a few jurisdictions, these entities comprise a small share of the housing market. This article situates the limited presence of affordable housing cooperatives as arising from the constraints and frameworks of

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The Federal Death Penalty as a Sign of the Times

Scholars have been predicting the demise of the American death penalty for much of the twenty-first century. This prediction finds support in state-by-state abolition, reduced numbers of new death sentences, and continued reductions in the death row population. Despite significant movement away from the death penalty, the punishment remains stubbornly

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The Free Exercise of Religion as a Privilege

In the span of a decade, the Supreme Court has restructured the Free Exercise Clause entirely. It has removed the counterweight of disestablishment; it has sought parity between religion and secularity by means of strict scrutiny analysis turning on a principle of nondiscrimination; and it has opened the way to

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SB 69 - Litigation Financing Practices

The Act primarily functions to regulate “third-party litigation financing” (TPLF). Also known as the Georgia Courts Access and Consumer Protection Act, the Act mandates that all litigation financiers operating within Georgia register with the Department of Banking and Finance and disclose ownership details, including any foreign affiliations. In addition, the

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SB 79 - Controlled Substances

This Act amends various sections of Georgia’s criminal code. Three key changes are particularly noteworthy. First, the Act revises threshold amounts of fentanyl and related substances for the offenses of possessing, selling, distributing, manufacturing, and trafficking such substances. Second, the Act increases the penalties for such offenses. Lastly, the

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HB 582 - Defenses to Criminal Prosecutions

The Act permits criminal defendants to introduce evidence that they are survivors of family violence, sexual abuse, or related trauma in support of a justification defense. It amends various Code sections to provide for the admissibility of such evidence, clarify the applicability of justification defenses, and establish evidentiary standards. The

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SB 244 - Criminal Procedure

This Act establishes a statutory framework to compensate individuals wrongfully convicted and incarcerated in Georgia. Also known as the Wrongful Conviction and Incarceration Compensation Act, the Act allows eligible claimants to seek financial compensation through the Office of State Administrative Hearings (OSAH). The Act also entitles criminal defendants to recover

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HB 268 - Elementary and Secondary Education

The Act, prompted by the September 4, 2024, Apalachee High School shooting, establishes sweeping safety, health, and wellness reforms for Georgia schools. The Act (1) requires every public school to install an Alyssa’s Alert mobile panic-alarm system integrated with 911 and first responders by July 1, 2026; (2) mandates

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SB 1 - Elementary, Secondary, and Postsecondary Education

The Act establishes statewide requirements for student participation in athletic teams based on biological sex as recorded on a student’s original birth certificate. It requires all public schools, and any private schools that compete against them, to designate school-sponsored athletic teams as male, female, or coeducational. Teams designated for

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HB 127 - Education Generally

The bill proposed a prohibition on local education agencies and postsecondary institutions from endorsing any programs or activities that advocate for diversity, equity, and inclusion, which includes any efforts to promote the different treatment of individuals on the basis of race, color, sex, ethnicity, national origin, gender identity, or sexual

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SB 12 - Inspection of Public Records

The Act adds the definition of ‘custodian’ for the purposes of public records requests to make clear that a custodian is the agency that has control over such public records. Further, the Act states that all requests for public records must be made to a custodian. As a result, when

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HB 150 - Postsecondary Education

The Act requires Georgia universities to release biannual reports, no later than January 31 and July 31, detailing all funding received from foreign countries, entities, or individuals of concern, as designated by the United States Secretary of Commerce. The Act also provides definitions of these terms and establishes reporting requirements.

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