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Articles 1 - 30 of 77
Full-Text Articles in Law
Observing The Effects Of Automating The Judicial System With Behavioral Equivalenc, Joseph A. Blass
Observing The Effects Of Automating The Judicial System With Behavioral Equivalenc, Joseph A. Blass
South Carolina Law Review
No abstract provided.
Modernizing Capacity Doctrine, Lisa V. Martin
Modernizing Capacity Doctrine, Lisa V. Martin
Faculty Publications
Federal capacity doctrine—or the rules establishing whether and how children’s civil litigation proceeds—has largely remained the same for more than a century. It continues to presume that all children are incapable of directing their own cases, and that adults must litigate on children’s behalf. But since that time, our understanding of children, and of adolescents in particular, has significantly evolved. This Article contends that it is well beyond time to modernize the capacity doctrine to better account for the capabilities of adolescents and support their transition to adulthood.
The Mandate Rule, Adam Crews
Social Media, Manipulation, And Violence, Allyson Haynes Stuart
Social Media, Manipulation, And Violence, Allyson Haynes Stuart
South Carolina Journal of International Law and Business
No abstract provided.
Debugging Software Patents After Alice, Jonathan Stroud, Derek M. Kim
Debugging Software Patents After Alice, Jonathan Stroud, Derek M. Kim
South Carolina Law Review
No abstract provided.
Paying Down The Civil Justice Data Deficit: Leveraging Existing National Data Collection, Rebecca L. Sandefur
Paying Down The Civil Justice Data Deficit: Leveraging Existing National Data Collection, Rebecca L. Sandefur
South Carolina Law Review
No abstract provided.
Coroner's Inquests In South Carolina: A Unique, Impartial, And Public Opportunity To Seek Justice, Marshall Crane
Coroner's Inquests In South Carolina: A Unique, Impartial, And Public Opportunity To Seek Justice, Marshall Crane
South Carolina Law Review
No abstract provided.
'Sophisticated Robots': Balancing Liability, Regulation, And Innovation, F. Patrick Hubbard
'Sophisticated Robots': Balancing Liability, Regulation, And Innovation, F. Patrick Hubbard
Faculty Publications
Our lives are being transformed by large mobile “sophisticated robots” with increasingly higher levels of autonomy, intelligence, and interconnectivity among themselves. For example, driverless automobiles are likely to become commercially available within a decade. Many people who suffer physical injuries from these robots will seek legal redress for their injury, and regulatory schemes are likely to impose requirements to reduce the number and severity of injuries.
This Article addresses the issue of whether the current liability and regulatory systems provide a fair, efficient method for balancing the concern for physical safety against the need to incentivize the innovation necessary to …
Rebutting The Strong Presumption Of Reliability For Effective Assistance: The Pursuit Of Cumulative Analysis For Strickland Claims In South Carolina, Benjamin Dudek
South Carolina Law Review
No abstract provided.
Distinguishing Between Procedural And Substantive Rules For Purposes Of Retroactivity On Collateral Review, Ryan C. Grover
Distinguishing Between Procedural And Substantive Rules For Purposes Of Retroactivity On Collateral Review, Ryan C. Grover
South Carolina Law Review
No abstract provided.
Weakening The Ripeness Trap For Federal Takings Claims: Sansotta V. Town Of Nags Head And Town Of Nags Head V. Toloczko, Michael B. Kent
Weakening The Ripeness Trap For Federal Takings Claims: Sansotta V. Town Of Nags Head And Town Of Nags Head V. Toloczko, Michael B. Kent
South Carolina Law Review
No abstract provided.
The Veterans Treatment Court Program Act: South Carolina's Opportunity To Provide Services For Those Who Have Been Served, John Furman Wall Iv
The Veterans Treatment Court Program Act: South Carolina's Opportunity To Provide Services For Those Who Have Been Served, John Furman Wall Iv
South Carolina Law Review
No abstract provided.
The Surveillance Society And The Third-Party Privacy Problem, Shaun B. Spencer
The Surveillance Society And The Third-Party Privacy Problem, Shaun B. Spencer
South Carolina Law Review
No abstract provided.
Personal Jurisdiction For The Twenty-First Century: The Implications Of Mcintyre And Goodyear Dunlop Tires, Howard B. Stravitz
Personal Jurisdiction For The Twenty-First Century: The Implications Of Mcintyre And Goodyear Dunlop Tires, Howard B. Stravitz
South Carolina Law Review
No abstract provided.
Mcintyre In Context: A Very Personal Perspective, Arthur R. Miller
Mcintyre In Context: A Very Personal Perspective, Arthur R. Miller
South Carolina Law Review
No abstract provided.
Business Interests And The Long Arm In 2011, Paul D. Carrington
Business Interests And The Long Arm In 2011, Paul D. Carrington
South Carolina Law Review
No abstract provided.
It's Nothing Personal, It's Just Business: A Commentary On The South Carolina Business Court Pilot Program, Andrew A. Powell
It's Nothing Personal, It's Just Business: A Commentary On The South Carolina Business Court Pilot Program, Andrew A. Powell
South Carolina Law Review
No abstract provided.
Are Smartphones Like Footlockers Or Crumped Up Cigarette Packages - Applying The Search Incident To Arrest Doctrine To Smartphones In South Carolina Courts, Justin M. Wolcott
Are Smartphones Like Footlockers Or Crumped Up Cigarette Packages - Applying The Search Incident To Arrest Doctrine To Smartphones In South Carolina Courts, Justin M. Wolcott
South Carolina Law Review
No abstract provided.
Are We There Yet: Gatekeepers, Daubert, And An Analysis Of State V. White, Mark R. Nash
Are We There Yet: Gatekeepers, Daubert, And An Analysis Of State V. White, Mark R. Nash
South Carolina Law Review
No abstract provided.
The Rising Caseload In The Fourth Circuit: A Statistical And Institutional Analysis, David R. Stras, Shaun M. Pettigrew
The Rising Caseload In The Fourth Circuit: A Statistical And Institutional Analysis, David R. Stras, Shaun M. Pettigrew
South Carolina Law Review
No abstract provided.
George & Co., Llc V. Imagination Entertainment Ltd., Steven K. Hardy
George & Co., Llc V. Imagination Entertainment Ltd., Steven K. Hardy
South Carolina Law Review
No abstract provided.
The Fourth Circuit And Its Future, J. Harvie Wilkinson Iii
The Fourth Circuit And Its Future, J. Harvie Wilkinson Iii
South Carolina Law Review
No abstract provided.
Hidden From The Public By Order Of The Court: The Case Against Government-Enforced Secrecy, Joseph F. Anderson Jr.
Hidden From The Public By Order Of The Court: The Case Against Government-Enforced Secrecy, Joseph F. Anderson Jr.
South Carolina Law Review
No abstract provided.
Settlement, Secrecy, And Judicial Discretion: South Carolina's New Rules Governing The Sealing Of Settlements, Laurie Kratky Dore
Settlement, Secrecy, And Judicial Discretion: South Carolina's New Rules Governing The Sealing Of Settlements, Laurie Kratky Dore
South Carolina Law Review
No abstract provided.
Public-Figure Defamation Actions In South Carolina - Courts Stay Mindful Of The Defendant's State Of Mind, Eric G. Zaiser
Public-Figure Defamation Actions In South Carolina - Courts Stay Mindful Of The Defendant's State Of Mind, Eric G. Zaiser
South Carolina Law Review
No abstract provided.
The United States Supreme Court's Indecision In Green Tree Financial Corporation V. Bazzle: A Class Act, Michael Oliver Eckard
The United States Supreme Court's Indecision In Green Tree Financial Corporation V. Bazzle: A Class Act, Michael Oliver Eckard
South Carolina Law Review
No abstract provided.
Unmasking The Presumption In Favor Of Preemption, Mary J. Davis
Unmasking The Presumption In Favor Of Preemption, Mary J. Davis
South Carolina Law Review
No abstract provided.
Abbeville County School District V. State: The Right To A Minimally Adequate Education In South Carolina, Jennifer L. Fogle
Abbeville County School District V. State: The Right To A Minimally Adequate Education In South Carolina, Jennifer L. Fogle
South Carolina Law Review
No abstract provided.
In Memoriam: Donald Stuart Russell, John C. Moylan Iii
In Memoriam: Donald Stuart Russell, John C. Moylan Iii
South Carolina Law Review
No abstract provided.
Petigru College, William Shepard Mcaninch
Petigru College, William Shepard Mcaninch
South Carolina Law Review
No abstract provided.