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Articles 1 - 30 of 108
Full-Text Articles in Law
Tragedies Of The Cultural Commons, Etienne C. Toussaint
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
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
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
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
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
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.
Whether You Like It Or Not Your Likes Are Out: An Analysis Of Nonverbal Internet Conduct In The Hearsay Context, Olivia A. League
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
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
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
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
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
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
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
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
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
Are We There Yet: Gatekeepers, Daubert, And An Analysis Of State V. White, Mark R. Nash
South Carolina Law Review
No abstract provided.
Lefkoe V. Jos. A. Bank Clothiers, Inc., Joshua Bennett
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
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
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
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
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
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
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
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
Writing Contracts In The Client's Interest, James P. Nehf
South Carolina Law Review
No abstract provided.
Evidence, Ansley B. Askins
Evidence Law, Matthew B. Fitzer, Parmele E. Price
Evidence Law, Matthew B. Fitzer, Parmele E. Price
South Carolina Law Review
No abstract provided.
Evidence, Steven M. Pruitt, Steven E. Williford, Simpson Z. Fant
Evidence, Steven M. Pruitt, Steven E. Williford, Simpson Z. Fant
South Carolina Law Review
No abstract provided.
Evidence, Johnathan T. Krawcheck, W. D. Kelly Iii, Matthew Hubbell
Evidence, Johnathan T. Krawcheck, W. D. Kelly Iii, Matthew Hubbell
South Carolina Law Review
No abstract provided.