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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

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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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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 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,

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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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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

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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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SB 68. - Civil Practice

The Act makes significant changes to Georgia’s civil litigation procedures. It stays discovery upon the filing of a motion to dismiss, limits voluntary dismissals after an answer is filed, and allows for bifurcated trials to separate issues of liability and damages. It caps recoverable medical expenses to the reasonable

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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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SB 185 - Penal Institutions

The Act prohibits the use of state funds or resources to provide genderaffirming medical care to incarcerated individuals. It bans funding for sex reassignment surgeries, hormone replacement therapy, and any cosmetic or prosthetic procedures intended to alter an inmate’s primary or secondary sex characteristics. The bill includes limited exceptions,

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SB 36 - Georgia Religious Freedom Restoration Act

The Act supplements the protection of religious exercise by requiring government actions that could burden religious practices to meet a “compelling interest” test, mirroring a federal counterpart bill from 1993. The Act creates a cause of action against the state government for substantially burdening a person’s free exercise of

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