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December 1, 2004 Faculty Senate Minutes, University Of South Carolina Dec 2004

December 1, 2004 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.


November 3, 2004 Faculty Senate Minutes, University Of South Carolina Nov 2004

November 3, 2004 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.


Crawford V. Washington And The Irretrievable Breakdown Of A Union: Separating The Confrontation Clause From The Hearsay Rule, Thomas J. Reed Oct 2004

Crawford V. Washington And The Irretrievable Breakdown Of A Union: Separating The Confrontation Clause From The Hearsay Rule, Thomas J. Reed

South Carolina Law Review

No abstract provided.


September 29, 2004 Faculty Senate Minutes, University Of South Carolina Sep 2004

September 29, 2004 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.


September 1, 2004 Faculty Senate Minutes, University Of South Carolina Sep 2004

September 1, 2004 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.


Culture Clash: Teaching Cultural Defenses In The Criminal Law Classroom, Susan S. Kuo Jul 2004

Culture Clash: Teaching Cultural Defenses In The Criminal Law Classroom, Susan S. Kuo

Faculty Publications

In the law school classroom, the Socratic method of legal analysis removes a dispute at issue in a given case from its sociocultural context and takes the cultural backgrounds of the parties into account only when they serve the legal argument. The language of the law commands law students to siphon off the emotional and cultural content because of the enduring belief that the law is neutral and impartial. Accordingly, cultural conflicts are deemed irrelevant to legal analysis because laws are unbiased and culture-blind. This detached outlook has been termed perpectivelessness to denote a neutral, odorless, colorless non-perspective.

This essay …


Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Josh Gupta-Kagan Jul 2004

Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Josh Gupta-Kagan

Faculty Publications

This essay presents one doctrinal method for lawyers to defend children accused of criminal charges in juvenile or adult court: attacking the applicability of the twenty-year old case, New Jersey v. T.L.O., to most school searches. T.L.O. based its application of a lower standard for searches of students by school officials on the presumption that firm gates separate public school from law enforcement and criminal justice institutions. Later administrative search cases inside and outside of the school context show that tee lower standard of T.L.O. depends entirely on programmatic purposes that distinguish school systems and ordinary law enforcement. Porous schoolhouse …


June 23, 2004 Faculty Senate Minutes, University Of South Carolina Jun 2004

June 23, 2004 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.


April 29, 2004 Faculty Senate Minutes, University Of South Carolina Apr 2004

April 29, 2004 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.


April 7, 2004 Faculty Senate Minutes, University Of South Carolina Apr 2004

April 7, 2004 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.


Just Say Yes: Sell V. United States And Inadequate Limitations On The Forced Medication Of Defendants In Order To Render Competence For Trial, Aaron R. Dias Apr 2004

Just Say Yes: Sell V. United States And Inadequate Limitations On The Forced Medication Of Defendants In Order To Render Competence For Trial, Aaron R. Dias

South Carolina Law Review

No abstract provided.


Duties And Responsibilities Of Lawyers In Light Of In Re Myers: Are You Aware, Sarah Theresa Eibling Apr 2004

Duties And Responsibilities Of Lawyers In Light Of In Re Myers: Are You Aware, Sarah Theresa Eibling

South Carolina Law Review

No abstract provided.


Identity Protection For Sexual Assault Victims: Exploring Alternatives To The Publication Of Private Facts Tort, Kimberly Kelley Blackburn Apr 2004

Identity Protection For Sexual Assault Victims: Exploring Alternatives To The Publication Of Private Facts Tort, Kimberly Kelley Blackburn

South Carolina Law Review

No abstract provided.


Toward A Better Benchmark: Assessing The Utility Of Not-At-Fault Traffic Crash Data In Racial Profiling Research, Geoffrey P. Alpert, Michael R. Smith, Roger G. Dunham Apr 2004

Toward A Better Benchmark: Assessing The Utility Of Not-At-Fault Traffic Crash Data In Racial Profiling Research, Geoffrey P. Alpert, Michael R. Smith, Roger G. Dunham

Faculty Publications

As studies on racial profiling and biased policing have begun to proliferate, researchers are debating which benchmark is most appropriate for comparison with police traffic stop data. Existing benchmark populations, which include populations estimated from census figures, licensed drivers, arrestees, reported crime suspects, and observed drivers and traffic violators, all have significant limitations. This article offers a new, alternative benchmark for police traffic stops, a benchmark that has not been previously applied or tested in a racial profiling research setting. The analysis presented compares traffic observation data, gathered at selected, high volume intersections during an ongoing racial profiling study in …


March 3, 2004 Faculty Senate Minutes, University Of South Carolina Mar 2004

March 3, 2004 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.


February 11, 2004 Faculty Senate Minutes, University Of South Carolina Feb 2004

February 11, 2004 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.


Instruct The Jury: Crane's "Serious Difficulty" Requirement And Due Process, Kenneth W. Gaines Jan 2004

Instruct The Jury: Crane's "Serious Difficulty" Requirement And Due Process, Kenneth W. Gaines

South Carolina Law Review

No abstract provided.


Inadmissible But Material? Resolving The Circuit Split After Wood, Colin Miller Jan 2004

Inadmissible But Material? Resolving The Circuit Split After Wood, Colin Miller

Faculty Publications

No abstract provided.


Popular Culture As A Lens On Legal Professionalism, Alexander W. Scherr, Hillary Brave Farber Jan 2004

Popular Culture As A Lens On Legal Professionalism, Alexander W. Scherr, Hillary Brave Farber

South Carolina Law Review

No abstract provided.


My Last Lecture: Unsolicited Advice For Future And Current Lawyers, Stephen D. Easton Jan 2004

My Last Lecture: Unsolicited Advice For Future And Current Lawyers, Stephen D. Easton

South Carolina Law Review

No abstract provided.


Banishment From Within And Without: Analyzing Indigenous Sentencing Under International Human Rights Standards, Colin Miller Jan 2004

Banishment From Within And Without: Analyzing Indigenous Sentencing Under International Human Rights Standards, Colin Miller

Faculty Publications

No abstract provided.


Instruct The Jury: Crane's Serious Difficulty Requirement & Due Process, Kenneth Gaines Jan 2004

Instruct The Jury: Crane's Serious Difficulty Requirement & Due Process, Kenneth Gaines

Faculty Publications

No abstract provided.