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Full-Text Articles in Law

The Regressing Progress Clause: Rethinking Constitutional Indifference To Harmful Content In Copyright, Ned Snow Nov 2013

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 …


Table Of Contents Oct 2013

Table Of Contents

South Carolina Law Review

No abstract provided.


Market Price Damages Under Ucc Article 2: Some Suggestions For The Next Revision, Henry Mather Oct 2013

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 Oct 2013

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 Oct 2013

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 Oct 2013

Rico Trends: From Gangsters To Class Actions, Pamela Pierson

South Carolina Law Review

No abstract provided.


Preface, Demetrio L. Sears Oct 2013

Preface, Demetrio L. Sears

South Carolina Law Review

No abstract provided.


Corporations, Taxes, And Religion: The Hobby Lobby And Conestoga Contraceptive Cases, Steven J. Willis Oct 2013

Corporations, Taxes, And Religion: The Hobby Lobby And Conestoga Contraceptive Cases, Steven J. Willis

South Carolina Law Review

No abstract provided.


Table Of Contents Oct 2013

Table Of Contents

South Carolina Law Review

No abstract provided.


Title Page Oct 2013

Title Page

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 Oct 2013

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 Oct 2013

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 Sep 2013

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 Aug 2013

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 Aug 2013

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 Jul 2013

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 Jul 2013

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.


Table Of Contents Jul 2013

Table Of Contents

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 Jul 2013

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 Jul 2013

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 Jul 2013

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 Jul 2013

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 Jul 2013

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 Jul 2013

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 Jul 2013

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 Jul 2013

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 Jul 2013

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 Jul 2013

"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 Jul 2013

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 Jul 2013

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.