1. The Georgia Open Records Act also known as the Georgia Sunshine Law is the statute of the State of Georgia which gives a definition of what is considered to be a public record and which should be made available to the public upon request. The statute defines public records to be documents that are generated by individuals or groups in public office in the course of public service. Public records also constitute items that are received and maintained by a private person or any other legal entity on behalf of a public office or agency.
2. The pre-World War I opinion by the U.S. Supreme Court holding, on re-argument, that a federal income tax was unconstitutional.
The United States Supreme Court in the case of Pollock v Farmers’ Loan Trust Co. declared federal income tax to be unconstitutional. This decision which was made in the period preceding the World War 1 came after the introduction of income tax through the Revenue Act of 1861 which sought to raise revenue so as to fund the Civil War. According to the Supreme Court, certain taxes on incomes such as those deriving from property under the Act of 1894 were to be treated as a tax on property by dint of its ownership and thus needed to be apportioned. Owing to the impracticality of apportioning the income taxes, there was a prohibitory effect on federal tax charged on income from property.
Twight, C. Evolution of Federal Income Tax Withholding: The Machinery of Institutional Change. Cato Journal Vol. 14 No. 3. Retrieved January 11, 2014 on the World Wide Web: http:// www.cato.org/pubs/journal/cj14n3-1.html
3. The federal statute authorizing the U.S. Secretary of Transportation to make payments to states for the value of materials stockpiled near federal highway construction projects in conformity with the project specifications.
Payment to States for construction. (2013). Retrieved January 11, 2014 from vLex on the World Wide Web: http://us-code.vlex.com/vid/sec-payment-states-for-construction-19205124. 23 USC 121 - Sec. 121.
4.The federal joint regulation of the U.S. Fish & Wildlife Service, Department of the Interior, National Oceanic and Atmospheric Administration, and Department of Commerce, identifying the factors for listing, delisting, or reclassifying endangered species.
A particular species shall either be listed, reclassified if the Secretary in charge, making use of the best available information of both scientific and commercial nature, is satisfied that a particular species is endangered or threatened. One of the factors includes disease or whether particular species is faced with predation. Further, an apparent inadequacy of the subsisting regulatory mechanisms is enough to cause a listing of a particular species as endangered. Other factors include the overutilization of any specie for either commercial, educational, recreational or scientific purpose and other natural or manmade factors that affect the existence of such species. In addition, any destruction or modification of a habitat for may particular species may cause a listing into the endangered bracket. As relates to the delisting of species form the endangered list, a delisting may only happen if there is data that clearly substantiates that such delisting is merited. This may only occur if the species are no longer threatened or endangered. One such instance is when a particular species becomes extinct. If a particular species faces extinction, it ceases to exist and as such, can no longer continue to be listed as endangered or threatened as to require special care.
Even at such a time, a sufficient window of time need be allowed so as to allow for the delisting to take place upon the confirmation that indeed, the particular species is extinct. The second instance when delisting may take place is on the basis of recovery and only in the case where there is credible information suggesting that the species are no longer in danger. Indeed, it is the chief objective of the United States Fish and Wildlife Service and the National Marine Fisheries Service to return the species which are listed to a level or point where there is no further need for protection as per the Act. The other instance would be when it is found, upon investigations that the listing of such species into the endangered or threatened species was done erroneously. It is important to note that the fact that the Convention on International Trade in Endangered Species of Wild Fauna and Flora characterizes particular species as endangered, may be a factor in the listing of such species. Though the same is not a factor upon which the listing, delisting or declassification turns on, it is a key factor that may influence the Secretary while effectuating the listing and classification.
Fay, J. J., & Nammack, M. (Dec. 2011) Laws & Policies | Regulations and Policies | Interagency Policy Regarding the Recognition of Distinct Vertebrate Population Segments Under the ESA. Retrieved on January 11, 2014: http://www.fws.gov › ES Home › Laws & Policies › Regulations and Policies
5. Your state’s administrative regulations specifying the licensure process for real estate agents.
The Georgia Real Estate Commission is charged with the administration of the license laws that relate to the various aspects of the real estate industry in Georgia. This is aimed at ensuring that the interest of the public is protected. Further details on the licensure process for real estate agents can be obtained here: Become A Real Estate Agent In Georgia. Mortgage News Daily. Retrieved on January 11, 2014: http://www.mortgagenewsdaily.com/real_estate_license/Georgia.asp
References
Damn the Torpedoes: Summary Judgment Practicalities and perspectives from a Plaintiff’s Attorney by John F. Beasley Jr http://apps.americanbar.org/labor/lel-annualcle/09/materials/data/papers/133.pdf
New Saper Law Article: Defamation in Political Campaigns http://saperlaw.com/blog/2010/02/09/new-saper-law-article-defamation-in-political-campaigns/#sthash.hQzcEJVb.dpuf
Become A Real Estate Agent In Georgia. Mortgage News Daily. Retrieved on January 11, 2014: http://www.mortgagenewsdaily.com/real_estate_license/Georgia.asp
Fay, J. J., & Nammack, M. (Dec. 2011) Laws & Policies | Regulations and Policies | Interagency Policy Regarding the Recognition of Distinct Vertebrate Population Segments Under the ESA. Retrieved on January 11, 2014: http://www.fws.gov › ES Home › Laws & Policies › Regulations and Policies
Payment to States for construction. (2013). Retrieved January 11, 2014 from vLex on the World Wide Web: http://us-code.vlex.com/vid/sec-payment-states-for-construction-19205124. 23
USC 121 - Sec. 121.
Twight, C. Evolution of Federal Income Tax Withholding: The Machinery of Institutional Change. Cato Journal Vol. 14 No. 3. Retrieved January 11, 2014 on the World Wide Web: http:// www.cato.org/pubs/journal/cj14n3-1.html
Article 4. Open Records Act - Georgia Secretary of State: Records and Information Management Services. Retrieved January 11, 2014: http://sos.georgia.gov/archives/who_are_we//open_records_act.htm
Seligman, E. R. (2006). Income Tax. New York: Macmillan and Co.
