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Boots and Bail on the Ground: Assessing the Implementation of Misdemeanor Bail Reforms in Georgia
Get PDFThis Article presents a mixed-methods study of misdemeanor bail practice across Georgia in the wake of reform. We observed bail hearings and interviewed system actors in a representative sample of fifty-five counties to assess the extent to which pretrial practice conforms to legal standards clarified in Senate Bill 407 and Walker v. Calhoun. We also analyzed jail population data published by county jails and by the Georgia Department of Community Affairs. We found that a handful of counties have made promising headway in adhering to law and best practices, but that the majority have some distance to go. Most counties assessed do not assure a bail hearing within forty-eight hours of arrest, provide counsel at the initial bail hearing, consistently evaluate arrestees\u27 financial circumstances, or guarantee release within forty-eight hours of arrest for those who cannot pay bail. In a combined eighteen counties, 37% of misdemeanor arrestees remained in jail for at least three days after arrest. In DeKalb County, 53% of all those arrested on misdemeanor charges between 2000 and 2019 were jailed for three days or more, but the annual rate has declined from 63% in 2009 to 26.5% in 2019. Per capita pretrial detention rates varied widely by county in 2019, with most of the higher rates in the southern portion of the state. Overall, the qualitative and quantitative data demonstrate both progress and substantial variation by county
Appropriate Opioid Prescribing for Acute Pain
No full textAmid the continuing the opioid epidemic in the United States, a new report on opioid prescribing from the National Academies of Sciences, Engineering and Medicine claims guidance for treating acute pain is lacking, which could play a factor in the crisis. On Feb. 19, Dr. Bernard Lo, president of the Greenwall Foundation and chair of the committee behind Framing Opioid Prescribing Guidelines for Acute Pain: Developing the Evidence, spoke to a classroom of students, faculty and community members at Georgia State Law. The lecture was hosted by the Center for Law, Health & Society. Lo says, “There are not consistent prescribing practices for acute pain. Acute pain - defined as pain that starts suddenly and lasts for up to 90 days - can follow an injury, surgery or childbirth”. Watch the video to get more insight on Dr. Lo’s perspective on this topic
Federalism, ERISA, and State Single-Payer Health Care
No full textWhile federal health reform sputters, states have begun to pursue their own transformative strategies for achieving universal coverage, the most ambitious of which are state-based single-payer plans. Since the passage of the Affordable Care Act in 2010, legislators in twenty-one states have proposed sixty-six unique bills to establish single-payer health care systems. This paper systematically surveys those state legislative efforts and exposes the federalism trap that threatens to derail them: ERISA\u27s preemption of state regulation relating to employer-sponsored health insurance. ERISA\u27s expansive preemption provision creates a narrow, risky path for state regulation to capture the employer health care expenditures crucial for financing a single-payer system. While this paper illustrates how state proposals may survive ERISA, the threat of preemption drives states to structure their plans in convoluted ways that may undermine other systemic goals such as universality, solidarity, and streamlined administration.
This analysis demonstrates how ERISA\u27s uniquely broad preemption, coupled with its lack of waiver authority, elevates the interests of private employers above those of sovereign states and diminishes states\u27 abilities to serve as laboratories of health reform. We argue that this moment in health reform demands ERISA preemption reform. To restore balance to health care federalism and pave the way for state reforms of all kinds, this paper proposes federal legislative and jurisprudential solutions: amendments to ERISA\u27s preemption provisions, the addition of a statutory waiver, and/or a reinterpretation of ERISA preemption consistent with congressional intent and the presumption against preemption
Feasibility Questions About Government-Sponsored Insurance for Business Interruption Losses From Pandemics
No full textSHELTER IN PLACE: Executive Order by the Governor to Ensure a Safe & Healthy Georgia
Get PDFThe 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 the same subject matter and declared violations of the Order’s requirements to be a misdemeanor
