Broadcast Law Blog

MARCH 21, 2017

The Georgia Supreme Court this week issued a decision holding that the streaming of pre-1972 sound recordings by iHeart Media does not violate the state’s criminal statutes against the “transfer” of recorded sounds without the permission of the owner of the master recording.

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JURIST

DECEMBER 15, 2021

On January 7, he sent a text message to a relative in Georgia that included a threat directed towards Speaker Pelosi. As Meredith’s text message traveled between DC and Georgia, the federal government had the necessary interstate jurisdiction to prosecute him under this statute.

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Trademark & Copyright Law

MAY 8, 2020

On April 27, the Supreme Court took us on a stroll down memory lane in its decision in Georgia v. Accordingly, copyright protection does not extend to annotations in the State of Georgia’s official code because of its “authors.”. Public.Resource.Org, Inc., The Court, applying logic from Wheaton v. Peters , along with Banks v.

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Law 360

SEPTEMBER 14, 2023

The Georgia Court of Appeals' recent vacating of a lower court's decision to set aside a default judgment against Samsung Electronics America is a reminder of the processes and arguments provided by Georgia's statutes for challenging default judgments — including the importance of responding quickly, says Katy Robertson at Swift Currie.

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JURIST

JANUARY 12, 2024

The Trumbull County prosecutor’s office stated that, after evaluating the case, they believed Watts did not violate the Ohio Criminal Statute of Abuse of a Corpse. In October, the Georgia Supreme Court upheld the state’s six-week abortion ban. The grand jury responded by returning a no bill—effectively dismissing the case.

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Law 360

SEPTEMBER 19, 2023

The Supreme Court of Georgia on Tuesday clarified that "recklessness" is a stand-alone exception to the state's repose statute in product liability cases and defined reckless conduct, answering two questions from a federal district court in a crash survivor's suit against Ford Motor Co.

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The Crime Report

DECEMBER 7, 2022

The 21st Session of the Assembly of State Parties to the Rome Statute of the International Criminal Court opened Monday in The Hague, The Netherlands, and will run through Saturday, December 10. . It was signed at a conference in Rome in 1998 and in 2022, 123 states are active state parties. .

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Law 360

JUNE 3, 2021

Supreme Court on Thursday found that a Georgia police officer did not breach federal computer fraud law by overstepping his authorized access to government records, raising concerns that the U.S. Department of Justice's reading of the statute could criminalize innocuous internet activity.

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The Crime Report

JUNE 29, 2022

Georgia halted the death penalty across the country in response to a set of capital punishment cases. The decision forced federal and state governments to review their statutes to ensure that administration of the death penalty did not discriminate and was applied consistent to the Eight Amendment, prohibiting cruel and unusual punishment.

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SCOTUSBlog

MAY 27, 2022

Muslim prisoner argues that Georgia corrections’ limit on beard lengths violates his religious exercise. Muslim prisoner argues that Georgia corrections’ limit on beard lengths violates his religious exercise. After Holt , Georgia corrections allowed all inmates to grow half-inch beards. In Smith v. Issues : (1) Whether the U.S.

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SCOTUSBlog

APRIL 27, 2022

When must state prisoners alleging unconstitutional execution methods use habeas corpus petitions, and when may they proceed under the more general civil rights statute, 42 U.S.C. Georgia wants the court to prohibit the Section 1983 litigation, but the state seemed to have a formidable skeptic: Justice Brett Kavanaugh.

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SCOTUSBlog

JUNE 3, 2021

United States provides the court’s first serious look at one of the most important criminal statutes involving computer-related crime, the federal Computer Fraud and Abuse Act. Justice Amy Coney Barrett’s opinion for a majority 0f six firmly rejected the broad reading of that statute that the Department of Justice has pressed in recent years.

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SCOTUSBlog

MAY 16, 2022

Immigration officials denied their request after finding that Patel intentionally misrepresented his citizenship on an application for a Georgia driver’s license. But the Supreme Court held that a federal immigration statute — 8 U.S.C.

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JonathanTurley

OCTOBER 11, 2021

Watson was best known for his hateful writings, including his opposition to save Leo Frank, a Jewish factory manager accused of raping and murdering a girl.

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SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute. Returning Relists.

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SCOTUSBlog

JUNE 23, 2022

Michael Nance, who is on death row in Georgia, pled a firing squad, which would have required the state to amend its execution-implementation provision. The court also noted that, if Georgia had prevailed, that result would imply that Ramirez v. But Texas had to change a regulation, not a statute.). Emphasis in original.)

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Patently O

JUNE 16, 2023

The statute requires that it be located in Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Louisiana, or Arkansas. The USPTO is now seeking comments on where the office should be located — and the methodology it should use in selecting a location. [ Fed Reg ].

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LawSites

MARCH 11, 2024

Yet when Malamud and his organization Public.Resource.Org , sought to publish the official statutes of the state of Georgia, the state sued him , accusing him in its court filing of engaging in “terrorism.” holding that Georgia could not claim a copyright in the annotations contained in its official code.

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JURIST

DECEMBER 11, 2020

Georgia that the Eighth Amendment forbids a death sentence for the rape of an adult woman, respondents argue that they could not, in fact, have been sentenced to death, and therefore the statute of limitations for their crimes. Because this Court held in Coker v. And in these cases, context is determinative.

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SCOTUSBlog

MAY 19, 2022

First, the applicant must meet precise eligibility requirements under a federal statute. While his application was pending at the Department of Homeland Security, Patel filed an application to renew his Georgia driver’s license and marked the box “U.S. In interpreting a neighboring statute, 8 U.S.C.

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SCOTUSBlog

DECEMBER 10, 2021

In 2012, a jury in Georgia convicted and sentenced Rodney Young to death for killing the son of his estranged girlfriend, rejecting his claim that he was intellectually disabled. In Georgia, a defendant invoking Atkins v. Amwins Brokerage of Georgia, LLC. Intellectual disability and the death penalty. The case is Young v.

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SCOTUSBlog

DECEMBER 17, 2021

Georgia , the Supreme Court laid out four requirements for a court to consider before closing a courtroom to members of the public, including ensuring that the closure is no broader than necessary and making specific factual findings. Closing courtrooms over defendants’ objections. In Waller v. Williams v. United States.

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SCOTUSBlog

DECEMBER 7, 2021

First, the applicant must meet precise eligibility requirements under the statute. citizen” when applying for a Georgia driver’s license. That statute is known as the jurisdictional bar. Don’t those two presumptions kind of cancel each other out, and we’re left with just reading the statute as it’s written?”

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SCOTUSBlog

OCTOBER 12, 2023

Natural Resources Defense Council , holding that courts should defer to a federal agency’s interpretation of a statute as long as that interpretation is reasonable, for argument in December. Georgia (Nov. Raimondo , in which they will revisit their landmark ruling in Chevron v. United States ) (Nov. McElrath v.

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SCOTUSBlog

OCTOBER 1, 2021

Wooden pleaded guilty to 10 counts of burglary in Georgia state court and served an eight-year sentence. Moreover, says Wooden, the legislative history shows that Congress was targeting the “habitual offender” when passing ACCA, as the statute was designed to cover those “who made a career of exploiting distinct criminal opportunities.”

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The Crime Report

SEPTEMBER 2, 2022

Some states, such as Louisiana and North Carolina, enacted mandatory death penalty statutes, eliminating discretion entirely from the death penalty system. Others – Georgia, Florida and Texas – chose a different path, retaining the punishment but guiding discretion by narrowing and specifying the class of death-eligible crimes.

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Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. A clause is contrary to public policy when a statute or a judicial decision declares that enforcement is inconsistent with the policy of the state. The United States legal system is immensely complex.

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Day on Torts

FEBRUARY 24, 2021

4, 2020), plaintiffs lived in Georgia and had an umbrella insurance policy that included $2,000,000 in excess uninsured motorist coverage. The trial court agreed, granting summary judgment, but the Court of Appeals ruled that this statute was not intended to “apply to actions against an insurance agent.” In Parveen v. 3d 113 (Tenn.

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SCOTUSBlog

DECEMBER 3, 2021

He stated that he mistakenly marked “yes” in response to a Georgia driver’s license application question “Are you a U.S. Cardoza-Fonseca , Patel uplifts the doctrine of interpreting ambiguities in a statute in favor of the noncitizen. DHS found that he falsely represented himself to be a U.S. Finally, citing to INS v.

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SCOTUSBlog

DECEMBER 11, 2020

Court of Appeals for the Armed Forces that had held the three prosecutions time-barred because it found a five-year statute of limitations for military rapes occurring between 1986 and 2006. In 2006, the UCMJ was amended to explicitly eliminate any statute of limitations for rape, rape of a child and sexual assault.).

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JURIST

DECEMBER 6, 2021

The Department of Homeland Security (DHS), finding that Patel misrepresented himself as a US citizen in his Georgia driver’s license application, denied him adjustment and began deportation proceedings in 2012. The adjustment of status process is often used as a defense in deportation proceedings.

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Conflict of Laws

AUGUST 2, 2021

On 1 July 2021, Mongolia deposited its instrument of acceptance of the Statute, becoming the 89th Member of the HCCH. On 30 July 2021, the HCCH 1970 Evidence Convention entered into force for Georgia. Membership. More information is available here. Conventions & Instruments . It currently has 120 Contracting Parties.

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SCOTUSBlog

MARCH 28, 2022

Georgia , the Supreme Court relied on this language to allow a suit against Georgia by an out-of-state creditor. The Georgia House responded by passing a bill providing that anyone seeking to enforce Chisholm would be “guilty of a felony and shall suffer death, without benefit of clergy, by being hanged.”).

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Constitutional Law Reporter

JUNE 29, 2021

Former Georgia police sergeant Nathan Van Buren used his patrol-car computer to access a law enforcement database to retrieve information about a particular license plate number in exchange for money. Facts of the Case.

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SCOTUSBlog

OCTOBER 4, 2022

Justice Clarence Thomas, asking whether any bodies of water were excluded from the statute, notes that he grew up “in low country Georgia and you had standing water. “If I say there are two adjacent apartment buildings, do they have to be touching each other?” That was normal.”.

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The IP Law Blog

APRIL 28, 2022

The Van Buren case involved a former Georgia police officer who, in exchange for money, would use the computer in his patrol car to access the law enforcement database to retrieve information about requested license plate numbers. Supreme Court, Van Buren v. United States , 141 S.Ct. 1648 (2021).

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The Crime Report

JUNE 23, 2022

In Georgia, medical costs for the elderly population in Georgia corrections facilities was nearly nine times the cost of care for nonelderly people in the system.

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