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Tragedies Of The Cultural Commons, Etienne C. Toussaint Dec 2022

Tragedies Of The Cultural Commons, Etienne C. Toussaint

Faculty Publications

In the United States, Black cultural expressions of democratic life that operate within specific historical-local contexts, yet reflect a shared set of sociocultural mores, have been historically crowded out of the law and policymaking process. Instead of democratic cultural discourse occurring within an open and neutral marketplace of ideas, the discursive production and consumption of democratic culture in American politics has been rivalrous. Such rivalry too often enables dominant White supremacist cultural beliefs, values, and practices to exercise their hegemony upon law’s production and meaning. The result has been tragedy for politically disempowered and socioeconomically excluded communities.

This Article uses …


School District Secession In Mobile County, Alabama: A Case Study Of Adaptive Discrimination And Threats To Multiracial Democracy, Sarah Asson, Erica Frankenberg Apr 2022

School District Secession In Mobile County, Alabama: A Case Study Of Adaptive Discrimination And Threats To Multiracial Democracy, Sarah Asson, Erica Frankenberg

South Carolina Law Review

No abstract provided.


The District Of South Carolina's Approach To Post-Removal Damage Stipulations: The Need For One Less "Controversy" In The Amount-In-Controversy Analysis, Samuel C. Williams Jul 2021

The District Of South Carolina's Approach To Post-Removal Damage Stipulations: The Need For One Less "Controversy" In The Amount-In-Controversy Analysis, Samuel C. Williams

South Carolina Law Review

No abstract provided.


Can You Hear Me Now: The Impacts Of Prosecutorial Call Monitoring On Defendants' Access To Justice, Hope L. Demer Jul 2019

Can You Hear Me Now: The Impacts Of Prosecutorial Call Monitoring On Defendants' Access To Justice, Hope L. Demer

South Carolina Law Review

No abstract provided.


Avoiding The Wrecking Ball Of A Disastrous Cross Examination: Nine Principles For Effective Cross Examinations With Supporting Empirical Evidence, Harry M. Caldwell, Deanne S. Elliot Oct 2018

Avoiding The Wrecking Ball Of A Disastrous Cross Examination: Nine Principles For Effective Cross Examinations With Supporting Empirical Evidence, Harry M. Caldwell, Deanne S. Elliot

South Carolina Law Review

No abstract provided.


When To Praise The Machine: The Promise And Perils Of Automated Transactional Drafting, William E. Foster, Andrew L. Lawson Apr 2018

When To Praise The Machine: The Promise And Perils Of Automated Transactional Drafting, William E. Foster, Andrew L. Lawson

South Carolina Law Review

No abstract provided.


Reevaluating The Parenting Wellbeing Gap: Evidence From The Wellbeing Module Of The American Time Use Survey, Daniela Veronica Negraia Jan 2018

Reevaluating The Parenting Wellbeing Gap: Evidence From The Wellbeing Module Of The American Time Use Survey, Daniela Veronica Negraia

Theses and Dissertations

Both scholars and the public have been intrigued by the question of whether parents experience higher levels of emotional wellbeing than adults who are not raising children. Yet despite decades of research on the topic, the answer to this question remains unclear. Using a novel source of nationally representative data, the Wellbeing Module of the American Time Use Survey (2010, 2012, 2013), this dissertation aims to unpack and extend prior understanding of the parenting wellbeing gap by pursing two studies. The first investigates whether parenthood may have both positive and negative links to adults’ emotional wellbeing; whether the gap varies …


The Readiness Monitoring Tool: Investigating The Psychometric Evidence For Group-Level Aggregation In Two Samples, Samantha N. Hartley Jan 2018

The Readiness Monitoring Tool: Investigating The Psychometric Evidence For Group-Level Aggregation In Two Samples, Samantha N. Hartley

Theses and Dissertations

Organizational readiness is an essential factor for successful implementation of a particular innovation. Although there is general consensus within the research literature on the importance of organizational readiness, there has been significantly less agreement on the nature of readiness as a construct and how it should be operationalized. Previous research has focused on organizational readiness for change at both the individual and organizational levels, but measures based on these theories of readiness have typically lacked evidence of reliability and validity.

The R=MC2 heuristic and its associated measure, the Readiness Monitoring Tool (RMT), offer a compelling and comprehensive approach by which …


Whether You Like It Or Not Your Likes Are Out: An Analysis Of Nonverbal Internet Conduct In The Hearsay Context, Olivia A. League Apr 2017

Whether You Like It Or Not Your Likes Are Out: An Analysis Of Nonverbal Internet Conduct In The Hearsay Context, Olivia A. League

South Carolina Law Review

No abstract provided.


The Need For Better Medical Evidence In Va Disability Compensation Cases And The Argument For More Medical-Legal Partnerships, Stacey-Rae Simcox Jan 2016

The Need For Better Medical Evidence In Va Disability Compensation Cases And The Argument For More Medical-Legal Partnerships, Stacey-Rae Simcox

South Carolina Law Review

No abstract provided.


Paying Down The Civil Justice Data Deficit: Leveraging Existing National Data Collection, Rebecca L. Sandefur Jan 2016

Paying Down The Civil Justice Data Deficit: Leveraging Existing National Data Collection, Rebecca L. Sandefur

South Carolina Law Review

No abstract provided.


Fair Play And Criminal Justice: Drafting Proffer Agreements In Light Of Total Waiver Of Rule 410, Robert I. Smith Iii Jul 2015

Fair Play And Criminal Justice: Drafting Proffer Agreements In Light Of Total Waiver Of Rule 410, Robert I. Smith Iii

South Carolina Law Review

No abstract provided.


Show Me The Money: Mcclurg V. Deaton And The Introduction Of A Defense As To Damages Only For Default Judgments In South Carolina, Jessica L. O'Neil Jul 2012

Show Me The Money: Mcclurg V. Deaton And The Introduction Of A Defense As To Damages Only For Default Judgments In South Carolina, Jessica L. O'Neil

South Carolina Law Review

No abstract provided.


Who's To Blame: How Genetic Information Will Lead To More Accurate Decisions In Toxic Tort Litigation, Allison Hite Jul 2012

Who's To Blame: How Genetic Information Will Lead To More Accurate Decisions In Toxic Tort Litigation, Allison Hite

South Carolina Law Review

No abstract provided.


Good Medicine/Bad Medicine And The Law Of Evidence: Is There A Role For Proof Of Character, Propensity, Or Prior Bad Conduct In Medical Negligence Litigation, Marc D. Ginsberg Jan 2011

Good Medicine/Bad Medicine And The Law Of Evidence: Is There A Role For Proof Of Character, Propensity, Or Prior Bad Conduct In Medical Negligence Litigation, Marc D. Ginsberg

South Carolina Law Review

No abstract provided.


Discoverability Of Private Investigator Surveillance In South Carolina: Navigating The Work Product Doctrine Under Samples V. Mitchell, Bradford J. Gower Jul 2010

Discoverability Of Private Investigator Surveillance In South Carolina: Navigating The Work Product Doctrine Under Samples V. Mitchell, Bradford J. Gower

South Carolina Law Review

No abstract provided.


Should A Scintilla Be Enough - The Proper Standard For Summary Judgment In South Carolina, Aaron J. Hayes Jul 2010

Should A Scintilla Be Enough - The Proper Standard For Summary Judgment In South Carolina, Aaron J. Hayes

South Carolina Law Review

No abstract provided.


Are We There Yet: Gatekeepers, Daubert, And An Analysis Of State V. White, Mark R. Nash Jul 2010

Are We There Yet: Gatekeepers, Daubert, And An Analysis Of State V. White, Mark R. Nash

South Carolina Law Review

No abstract provided.


Advancing The Future Of Physical Activity Guidelines In Canada: An Independent Expert Panel Interpretation Of The Evidence, Antero Kesäniemi, Chris J. Riddoch, Bruce Reeder, Steven N. Blair, Thorkild I. A. Sørensen May 2010

Advancing The Future Of Physical Activity Guidelines In Canada: An Independent Expert Panel Interpretation Of The Evidence, Antero Kesäniemi, Chris J. Riddoch, Bruce Reeder, Steven N. Blair, Thorkild I. A. Sørensen

Faculty Publications

The Canadian Society for Exercise Physiology, in partnership with the Public Health Agency of Canada, has initiated a review of their physical activity guidelines to promote healthy active living for Canadian children, youth, adults and older adults; previous guidelines were released in 2002, 2002, 1998 and 1999 respectively. Several background papers from this project were published recently and provide foundation evidence upon which to base new guidelines. Furthermore, comprehensive systematic reviews were completed to ensure a rigorous evaluation of evidence informing the revision of physical activity guidelines for asymptomatic populations. The overall guideline development process is being guided and assessed …


Lefkoe V. Jos. A. Bank Clothiers, Inc., Joshua Bennett Apr 2010

Lefkoe V. Jos. A. Bank Clothiers, Inc., Joshua Bennett

South Carolina Law Review

No abstract provided.


The Dance Of Death Or (Almost) No One Here Gets Out Alive: The Fourth Circuit's Capital Punishment Jurisprudence, John H. Blume Apr 2010

The Dance Of Death Or (Almost) No One Here Gets Out Alive: The Fourth Circuit's Capital Punishment Jurisprudence, John H. Blume

South Carolina Law Review

No abstract provided.


United States V. Vankesteren, Stephen Wills Murphy Apr 2010

United States V. Vankesteren, Stephen Wills Murphy

South Carolina Law Review

No abstract provided.


The Advent Of Digital Diaries: Implications Of Social Networking Web Sites For The Legal Profession, Kathrine Minotti Jul 2009

The Advent Of Digital Diaries: Implications Of Social Networking Web Sites For The Legal Profession, Kathrine Minotti

South Carolina Law Review

No abstract provided.


Slack V. James: Can South Carolina's Real Estate Industry Rely On Non-Reliance Clauses, Morgan H. Rogers Apr 2006

Slack V. James: Can South Carolina's Real Estate Industry Rely On Non-Reliance Clauses, Morgan H. Rogers

South Carolina Law Review

No abstract provided.


Forfeiture By Wrongdoing And Those Who Acquiesce In Witness Intimidation: A Reach Exceeding Its Grasp And Other Problems With Federal Rule Of Evidence 804(B)(6), James F. Flanagan Jan 2003

Forfeiture By Wrongdoing And Those Who Acquiesce In Witness Intimidation: A Reach Exceeding Its Grasp And Other Problems With Federal Rule Of Evidence 804(B)(6), James F. Flanagan

Faculty Publications

This article is the first comprehensive and critical analysis of the new exception to the hearsay rule that permits prosecutors to admit hearsay statements of absent witnesses when the defendant causes their unavailability at trial. The article develops the problems with the rule's overbroad language, its potential to admit unreliable hearsay and its relationship to the Confrontation Clause. These issues are of increasing interest to lawyers, judges and justices now that it is a federal rule and been adopted by ten states.

The first section is a comprehensive statement of the rule as now applied. The exception is traced from …


Where's The Evidence - Dealing With Spoliation By Plaintiffs In Product Liability Cases, Christopher B. Major Jan 2002

Where's The Evidence - Dealing With Spoliation By Plaintiffs In Product Liability Cases, Christopher B. Major

South Carolina Law Review

No abstract provided.


Confusing Communications -- Analyzing South Carolina's Stance On Ex Parte Communication With Former Employees, Sharyn M. Epley Jul 2001

Confusing Communications -- Analyzing South Carolina's Stance On Ex Parte Communication With Former Employees, Sharyn M. Epley

South Carolina Law Review

No abstract provided.


Writing Contracts In The Client's Interest, James P. Nehf Oct 1999

Writing Contracts In The Client's Interest, James P. Nehf

South Carolina Law Review

No abstract provided.


Evidence, Ansley B. Askins Oct 1996

Evidence, Ansley B. Askins

South Carolina Law Review

No abstract provided.


Evidence Law, Matthew B. Fitzer, Parmele E. Price Oct 1994

Evidence Law, Matthew B. Fitzer, Parmele E. Price

South Carolina Law Review

No abstract provided.