Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (16)
- Constitutional Law (4)
- Family Law (4)
- Civil Rights and Discrimination (2)
- Education Law (2)
-
- Fourth Amendment (2)
- Business Organizations Law (1)
- Environmental Law (1)
- European Law (1)
- Evidence (1)
- First Amendment (1)
- Fourteenth Amendment (1)
- Human Rights Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Intellectual Property Law (1)
- International Humanitarian Law (1)
- Legal Education (1)
- Legal Studies (1)
- Library and Information Science (1)
- Social and Behavioral Sciences (1)
- Keyword
-
- Constitutional Law (7)
- Legal Profession (7)
- Courts (5)
- Legal Education (5)
- Legislation (5)
-
- Privacy (5)
- Students (5)
- Criminal Procedure (4)
- Education Law (4)
- Fourth Amendment (4)
- Liability (4)
- Professional Ethics (4)
- States (4)
- Boundaries (3)
- Constitution (3)
- Criminal Law (3)
- Jurisdiction (3)
- Law Enforcement (3)
- Law and Society (3)
- Torts (3)
- Affirmative action (2)
- Automated vehicles (2)
- Communications Law (2)
- Constitutional law (2)
- Contracts (2)
- Education (2)
- Ethics (2)
- Family Law (2)
- Fourteenth Amendment (2)
- Government (2)
- Publication
- Publication Type
Articles 1 - 30 of 79
Full-Text Articles in Law
In Re Sanders And The Resurrection Of Stanley V. Illinois, Josh Gupta-Kagan
In Re Sanders And The Resurrection Of Stanley V. Illinois, Josh Gupta-Kagan
Faculty Publications
In 1972, the Supreme Court in Stanley v. Illinois declared that parents are entitled to a hearing on their fitness before the state places their children in foster care. Somewhat oddly, Stanley went on to be cited as a leading case regarding the rights of unwed fathers to object to private adoptions favored by mothers -- an issue not present in Stanley. Odder still, most states routinely violated Stanley in child welfare cases -- the context in which the Stanley rule arose. Most states apply the "one parent doctrine," which holds that finding one parent unfit justifies taking the child …
Pennies On The Dollar: Reallocating Risk And Deficiency Judgement Liability, Kristen Barnes
Pennies On The Dollar: Reallocating Risk And Deficiency Judgement Liability, Kristen Barnes
South Carolina Law Review
No abstract provided.
Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbulling Laws, Emily Suski
Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbulling Laws, Emily Suski
Faculty Publications
For several years, states have grappled with the problem of cyberbullying and its sometimes devastating effects. Because cyberbullying often occurs between students, most states have understandably looked to schools to help address the problem. To that end, schools in forty-six states have the authority to intervene when students engage in cyberbullying. This solution seems all to the good unless a close examination of the cyberbullying laws and their implications is made. This Article explores some of the problematic implications of the cyberbullying laws. More specifically, it focuses on how the cyberbullying laws allow schools unprecedented surveillance authority over students. This …
Family Unity Revisited: Divorce, Separation, And Death In Immigration Law, Albertina Antognini
Family Unity Revisited: Divorce, Separation, And Death In Immigration Law, Albertina Antognini
South Carolina Law Review
No abstract provided.
Intuitive Planning, Emily M. Morris
Affirmative Action: Between The Oikos And Cosmos Review Essay: Richard Sander & Stuart Taylor, Jr., Mismatch: How Affirmative Action Hurts Students It's Intended To Help And Why Universities Won't Admit It, Harry G. Hutchinson
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 …
Proximity-Driven Liability, Bryant Walker Smith
Proximity-Driven Liability, Bryant Walker Smith
Faculty Publications
This working paper argues that commercial sellers’ growing information about, access to, and control over their products, product users, and product uses could significantly expand their point-of-sale and post-sale obligations toward people endangered by these products. The paper first describes how companies are embracing new technologies that expand their information, access, and control, with primary reference to the increasingly automated and connected motor vehicle. It next analyzes how this proximity to product, user, and use could impact product-related claims for breach of implied warranty, defect in design or information, post-sale failure to warn or update, and negligent enabling of a …
Law School Training For Licensed 'Legal Technicians'? Implications For The Consumer Market, Elizabeth Chambliss
Law School Training For Licensed 'Legal Technicians'? Implications For The Consumer Market, Elizabeth Chambliss
Faculty Publications
In January 2014, the ABA Task Force on the Future of Legal Education released its report calling, among other things, for limited licensing and the expansion of independent paraprofessional training by law schools. In Washington State, all three law schools are collaborating with community college paralegal programs to design and deliver specialized training for “Limited License Legal Technicians” (LLLTs), who will be licensed to deliver limited family law services beginning in 2015. At least three other states, including California and New York — which together contain nearly twenty-six percent of U.S. lawyers and seventy-six law schools — are actively seeking …
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.
Phantom Damages And The Collateral Source Rule: How Recent Hyperinflamation In Medical Costs Disturbs South Carolina's Application Of The Collateral Source Rule, Todd R. Lyle
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.
Where Have You Been - Your Phone Knows (And So Might The Police), W. Jacob Henerey
Where Have You Been - Your Phone Knows (And So Might The Police), W. Jacob Henerey
South Carolina Law Review
No abstract provided.
Observations On Macdonald V. Moose, Kevin C. Walsh
Observations On Macdonald V. Moose, Kevin C. Walsh
South Carolina Law Review
No abstract provided.
Ubiquitous Privacy, Thomas P. Crocker
Protecting Our Children: A Reformation Of South Carolina's Homicide By Child Abuse Laws, Brigid Benincasa
Protecting Our Children: A Reformation Of South Carolina's Homicide By Child Abuse Laws, Brigid Benincasa
South Carolina Law Review
No abstract provided.
Let The Sun Shine: Reforming South Carolina's Freedom Of Information Act To Promote Transparency And Open Government, Jennifer Jokerst
Let The Sun Shine: Reforming South Carolina's Freedom Of Information Act To Promote Transparency And Open Government, Jennifer Jokerst
South Carolina Law Review
No abstract provided.
Pink Franklin V. South Carolina: The Naacp’S First Case, W. Lewis Burke
Pink Franklin V. South Carolina: The Naacp’S First Case, W. Lewis Burke
Faculty Publications
No abstract provided.
Preemption And United States V. South Carolina: Undermining Our Nation's Border And The Constitution's Border Between State And Federal Sovereignty, George E. Campsen Iii
Preemption And United States V. South Carolina: Undermining Our Nation's Border And The Constitution's Border Between State And Federal Sovereignty, George E. Campsen Iii
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 Road Paved With Gravel: The Encroachment Of South Carolina's Judiciary Through Legislative Judicial Elections, Samantha R. Wilder
The Road Paved With Gravel: The Encroachment Of South Carolina's Judiciary Through Legislative Judicial Elections, Samantha R. Wilder
South Carolina Law Review
No abstract provided.
Consumers And Remedies: Do Limitation Of Liability Clauses Do More Harm Than Good, William S. Harrison
Consumers And Remedies: Do Limitation Of Liability Clauses Do More Harm Than Good, William S. Harrison
South Carolina Law Review
No abstract provided.
Financial Disclosures And Fist-Fighting: Disorderly Behavior In The South Carolina General Assembly, Noah Glen Allen
Financial Disclosures And Fist-Fighting: Disorderly Behavior In The South Carolina General Assembly, Noah Glen Allen
South Carolina Law Review
No abstract provided.
Remote Seller Sales And Use Tax Law: How Proposed Law Will Impact South Carolina, James Bull Sterling
Remote Seller Sales And Use Tax Law: How Proposed Law Will Impact South Carolina, James Bull Sterling
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.
To Lien Strip Or Not To Lien Strip: Fourth Circuit Blesses Controversial Chapter 20 Valueless Lien Stripping In Re Davis, Timothy M. Todd
To Lien Strip Or Not To Lien Strip: Fourth Circuit Blesses Controversial Chapter 20 Valueless Lien Stripping In Re Davis, Timothy M. Todd
South Carolina Law Review
No abstract provided.
Policing Facts, Seth W. Stoughton
Policing Facts, Seth W. Stoughton
Faculty Publications
The United States Supreme Court’s understanding of police practices plays a significant role in the development of the constitutional rules that regulate officer conduct. As it approaches the questions of whether to engage in constitutional regulation and what form of regulation to adopt, the Court discusses the environment in which officers act, describes specific police practices, and explains what motivates officers. Yet the majority of the Court’s factual assertions are made entirely without support or citation, raising concerns about whether the Court is acting based on a complete and accurate perception. When it comes to policing facts, the Court too …