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Articles 1 - 30 of 73
Full-Text Articles in Law
The Regressing Progress Clause: Rethinking Constitutional Indifference To Harmful Content In Copyright, Ned Snow
Faculty Publications
The Constitution's Progress Clause purports to restrict Congress's copyright power to works that "promote the Progress of Science and useful Arts." For most of the past two centuries, this Clause has set a minimal content-based standard for copyright eligibility. It denied protection for a work whose content did not rise to the level of useful knowledge, in that the work either lacked compositional value or portrayed an immoral or unlawful subject matter. As evidenced by judicial and scholarly writings, this construction of the Progress Clause was consistent with the 1903 decision in Bleistein v. Donaldson Lithographing Co., where the Court …
Market Price Damages Under Ucc Article 2: Some Suggestions For The Next Revision, Henry Mather
Market Price Damages Under Ucc Article 2: Some Suggestions For The Next Revision, Henry Mather
South Carolina Law Review
No abstract provided.
South Carolina Post-Conviction Relief: Practical Considerations And Procedures From A Prisoner's Perspective, Demetrio L. Sears
South Carolina Post-Conviction Relief: Practical Considerations And Procedures From A Prisoner's Perspective, Demetrio L. Sears
South Carolina Law Review
No abstract provided.
Where The Judiciary Prosecutes In Front Of Itself: Missouri's Unconstitutional Juvenile Court Structure, Josh Gupta-Kagan
Where The Judiciary Prosecutes In Front Of Itself: Missouri's Unconstitutional Juvenile Court Structure, Josh Gupta-Kagan
Faculty Publications
This article is the first scholarly examination of Missouri’s unusual juvenile court structure: Missouri law charges a “juvenile officer” with exclusive authority to determine which child welfare or delinquency cases to file and what to charge in each case. The juvenile officer is hired and supervised by juvenile court judges, and the juvenile officer litigates cases in front of those same judges. This structure differs from the typical procedures in juvenile courts around the United States, which have generally adapted their juvenile courts to reflect the norm of executive branch agencies or attorneys (not court staff) filing cases to intervene …
Rico Trends: From Gangsters To Class Actions, Pamela Pierson
Rico Trends: From Gangsters To Class Actions, Pamela Pierson
South Carolina Law Review
No abstract provided.
Preface, Demetrio L. Sears
Corporations, Taxes, And Religion: The Hobby Lobby And Conestoga Contraceptive Cases, Steven J. Willis
Corporations, Taxes, And Religion: The Hobby Lobby And Conestoga Contraceptive Cases, Steven J. Willis
South Carolina Law Review
No abstract provided.
The Disorderly Conduct Of Words: Civil Liability For Injuries Caused By The Dissemination Of False Or Inaccurate Information, Richard C. Ausness
The Disorderly Conduct Of Words: Civil Liability For Injuries Caused By The Dissemination Of False Or Inaccurate Information, Richard C. Ausness
South Carolina Law Review
No abstract provided.
The South Carolina Probate Code Patched And Refurbished: Version 2013, S. Alan Medlin
The South Carolina Probate Code Patched And Refurbished: Version 2013, S. Alan Medlin
South Carolina Law Review
No abstract provided.
Towards A Public Health Legal Structure For Child Welfare, Josh Gupta-Kagan
Towards A Public Health Legal Structure For Child Welfare, Josh Gupta-Kagan
Faculty Publications
The present American child welfare system infringes upon the fundamental liberty interests of millions of children and parents, is adversarial and punitive, and fails to prevent child maltreatment or protect children adequately from its most severe forms. Many in the field now recognize that a public health model would more effectively support the parent-child relationship and protecting children from maltreatment than the current paradigm. Despite much attention to such an approach, the field has yet to develop a clear vision for how the law could or should support a public health approach or shape the actions of individuals and institutions …
Cutting Carbon, Take Two: A Brief Guide To Federal Electricity-Sector Climate Policy Without Cap-And-Trade, Nathan Richardson, Joshua Linn
Cutting Carbon, Take Two: A Brief Guide To Federal Electricity-Sector Climate Policy Without Cap-And-Trade, Nathan Richardson, Joshua Linn
Faculty Publications
This paper explores federal policies, other than a carbon price, for reducing emissions from the electric power sector. These policies fall into two major categories: policies that encourage the development of non‐ or low‐emitting energy sources, and regulatory policies under existing legal authority (primarily the Clean Air Act). The paper provides an overview of policy options and a few concrete proposals, along with a summary of insights from economists on their advantages and disadvantages. Economists generally disfavor investment subsidies, but comparing other policy options, including regulatory approaches, technology mandates, and production subsidies, is complex. Excluding existing clean generation from incentive …
Title Page
South Carolina Journal of International Law and Business
No abstract provided.
A Long Way From Home: Slow Progress Toward "Home Rule" In South Carolina And A Path To Full Implementation, Pierce T. Maclennan
A Long Way From Home: Slow Progress Toward "Home Rule" In South Carolina And A Path To Full Implementation, Pierce T. Maclennan
South Carolina Law Review
No abstract provided.
A Jurisprudence Clarified Or "Mcleod-Ed"?: The Real Constitutional Impact Of Court-Mandated Postsecondary Educational Support, Emily A. Evans
A Jurisprudence Clarified Or "Mcleod-Ed"?: The Real Constitutional Impact Of Court-Mandated Postsecondary Educational Support, Emily A. Evans
South Carolina Law Review
No abstract provided.
Magnolia North V. Heritage Communities: The South Carolina Court Of Appeals' End Run Around The Necessity Of Equitable Justification When Disregarding The Corporate Form, Phillips L. Mcwilliams
Magnolia North V. Heritage Communities: The South Carolina Court Of Appeals' End Run Around The Necessity Of Equitable Justification When Disregarding The Corporate Form, Phillips L. Mcwilliams
South Carolina Law Review
No abstract provided.
In Pursuit Of A Remedy: A Need For Reform Of Police Officer Liability, Bonnie E. Bull
In Pursuit Of A Remedy: A Need For Reform Of Police Officer Liability, Bonnie E. Bull
South Carolina Law Review
No abstract provided.
Traffic Stops Based On Uncorroborated Visual Speed Estimates: More (Needed) Than Meets The Eye, Says The Fourth Circuit, Justin M. Woodard
Traffic Stops Based On Uncorroborated Visual Speed Estimates: More (Needed) Than Meets The Eye, Says The Fourth Circuit, Justin M. Woodard
South Carolina Law Review
No abstract provided.
Setting Critical Limits On The Cherry Doctrine: The Fourth Circuit's Decision In United States V. Dinkins, Ruth A. Moyer
Setting Critical Limits On The Cherry Doctrine: The Fourth Circuit's Decision In United States V. Dinkins, Ruth A. Moyer
South Carolina Law Review
No abstract provided.
Order, Technology And The Constitutional Meanings Of Criminal Procedure, Thomas P. Crocker
Order, Technology And The Constitutional Meanings Of Criminal Procedure, Thomas P. Crocker
Faculty Publications
No abstract provided.
An Exaggerated Response: Possible Reactions To Florence V. Board Of Chosen Freeholders In South Carolina, Kara S. Grevey
An Exaggerated Response: Possible Reactions To Florence V. Board Of Chosen Freeholders In South Carolina, Kara S. Grevey
South Carolina Law Review
No abstract provided.
Digital Pillow Talk?: Waiving Marital Privilege At Work In United States V. Hamilton, Jennifer B. Routh
Digital Pillow Talk?: Waiving Marital Privilege At Work In United States V. Hamilton, Jennifer B. Routh
South Carolina Law Review
No abstract provided.
Delimiting Liability For South Carolina Limited Liability Corporations: When Can An Llc Manager Be Personally Liable For Tortious Interference?, Chandler Martin
Delimiting Liability For South Carolina Limited Liability Corporations: When Can An Llc Manager Be Personally Liable For Tortious Interference?, Chandler Martin
South Carolina Law Review
No abstract provided.
Extraordinary And Unusual Circumstances: Compensability Of Psychological Injuries Under South Carolina's Workers' Compensation Law, Jordan M. Janoski
Extraordinary And Unusual Circumstances: Compensability Of Psychological Injuries Under South Carolina's Workers' Compensation Law, Jordan M. Janoski
South Carolina Law Review
No abstract provided.
"Burglar Of Interest": An Analysis Of South Carolina Burglary Law After State V. Singley, Stephen D. Sutherland
"Burglar Of Interest": An Analysis Of South Carolina Burglary Law After State V. Singley, Stephen D. Sutherland
South Carolina Law Review
No abstract provided.
School Choice In South Carolina: An Analysis Of Whether Private School Tax Credits Are Right For South Carolina, Sarah K. Johnson
School Choice In South Carolina: An Analysis Of Whether Private School Tax Credits Are Right For South Carolina, Sarah K. Johnson
South Carolina Law Review
No abstract provided.
The Price Of Life: A Prediction Of South Carolina's Approach To Expert Testimony On Hedonic Damages Using The Willingness-To-Pay Method, Wesley B. Lambert
The Price Of Life: A Prediction Of South Carolina's Approach To Expert Testimony On Hedonic Damages Using The Willingness-To-Pay Method, Wesley B. Lambert
South Carolina Law Review
No abstract provided.