Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 33

Full-Text Articles in Law

In Re Sanders And The Resurrection Of Stanley V. Illinois, Josh Gupta-Kagan Nov 2014

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 into foster ...


'Sophisticated Robots': Balancing Liability, Regulation, And Innovation, F. Patrick Hubbard Sep 2014

'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 ...


Law School Training For Licensed 'Legal Technicians'? Implications For The Consumer Market, Elizabeth Chambliss Jul 2014

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 ways ...


Ubiquitous Privacy, Thomas P. Crocker Jul 2014

Ubiquitous Privacy, Thomas P. Crocker

Faculty Publications

No abstract provided.


Policing Facts, Seth W. Stoughton May 2014

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 ...


Unequal Protection Under The Law: Why Fda Should Use Negotiated Rulemaking To Reform The Regulation Of Generic Drugs, Marie C. Boyd Apr 2014

Unequal Protection Under The Law: Why Fda Should Use Negotiated Rulemaking To Reform The Regulation Of Generic Drugs, Marie C. Boyd

Faculty Publications

The duty to ensure the safety of drug products, through adequate warnings or other means, should ultimately rest with the drug's manufacturer regardless of whether the drug is a generic drug or a brand-name drug. Recent U.S. Supreme Court holdings, however, suggest that while the manufacturer of a brand-name drug is always responsible for its label's content, this is not the case for generic drugs. In addition, by holding that failure-to-warn claims against generic drug manufacturers based on state law are preempted, the Court has removed the protections and compensation that state tort law can provide consumers ...


Hydraulic Fracturing On Federal And Indian Lands: An Analysis Of The Bureau Of Land Management's Revised Proposed Rule, Nathan D. Richardson, Alan Krupnick, Madeline Gottlieb, Molly Feiden Apr 2014

Hydraulic Fracturing On Federal And Indian Lands: An Analysis Of The Bureau Of Land Management's Revised Proposed Rule, Nathan D. Richardson, Alan Krupnick, Madeline Gottlieb, Molly Feiden

Faculty Publications

The federal government controls 700 million acres of subsurface rights (plus 56 million subsurface acres of Indian mineral estate) across 24 states, making it the largest landowner in the nation, and therefore in a position to negotiate lease terms and shape regulations of oil and gas development. The federal Bureau of Land Management’s (BLM) rules on how drilling activity can take place on federal lands essentially dictate terms, making BLM the largest “regulator” of drilling activity in the country. BLM last revised its oil and gas regulations (the Onshore Orders) in the 1980s and early 1990s, well before the ...


The Value Of Life: Constitutional Limits On Citizens’ Use Of Deadly Force, F. Patrick Hubbard Apr 2014

The Value Of Life: Constitutional Limits On Citizens’ Use Of Deadly Force, F. Patrick Hubbard

Faculty Publications

This Article argues that most states have unconstitutionally overbroad authorizations for citizens to use deadly force in the context of crime prevention, citizen’s arrest, and defense of one’s “castle.” Similarly, some authorizations of deadly force for self-defense in public areas may be unconstitutional. The starting points of this argument are the fundamental value of life, the state’s monopoly of deadly force, and the fundamental constitutional right to life. Because of the state’s monopoly of deadly force, any use of such force is either legitimate or proscribed. The lack of a third category of “private” use of ...


The Real Impact Of Adoptive Couple V. Baby Girl: The Existing Indian Family Doctrine Is Not Affirmed But The Future Of Icwa's Placement Preferences Is Jeopardized, Marcia A. Yablon-Zug Apr 2014

The Real Impact Of Adoptive Couple V. Baby Girl: The Existing Indian Family Doctrine Is Not Affirmed But The Future Of Icwa's Placement Preferences Is Jeopardized, Marcia A. Yablon-Zug

Faculty Publications

On July 3, 2013, Dusten Brown and his wife Robin, and Brown’s parents, Tommy and Alice Brown, both filed actions to adopt "Baby Veronica", the four-year-old girl at the heart of the U.S. Supreme Court’s recent decision in Adoptive Couple v. Baby Girl. The Browns’ adoption petitions were based on the assumption that the Baby Girl Court did not affirm "The Existing Indian Family Doctrine," a doctrine which limits application of The Indian Child Welfare Act (ICWA) solely to children previously in the care or custody of an Indian relative. The Browns believed ICWA’s placement preferences ...


Informal–Formal Sector Interactions In Automotive Engineering, Kampala, Dick Kawooya Jan 2014

Informal–Formal Sector Interactions In Automotive Engineering, Kampala, Dick Kawooya

Faculty Publications

This chapter provides findings from a Ugandan case study that examined innovation transfers between informal-sector automotive artisans and formally employed researchers at Makerere University’s College of Engineering, Design, Art and Technology (CEDAT). Th e primary site studied was CEDAT’s Gatsby Garage, an automotive workshop where it was found that the informal-sector artisans were central to innovative processes but were at the same time driven more by sharing impulses than by concern for the intellectual property (IP) implications of their work. Based on these findings, it is argued that Ugandan policy-makers need to seek policy tools to support innovation ...


Title Page Jan 2014

Title Page

South Carolina Journal of International Law and Business

No abstract provided.


Faculty And Special Thanks Jan 2014

Faculty And Special Thanks

South Carolina Journal of International Law and Business

No abstract provided.


Eleventh Circuit Invalidates Florida Law For Conflicting With Federal Law Towards Cuba: Odebrecht Const., Inc. V. Sec'y Fla. Dep't Of Transp., Michael G. Martinez Jan 2014

Eleventh Circuit Invalidates Florida Law For Conflicting With Federal Law Towards Cuba: Odebrecht Const., Inc. V. Sec'y Fla. Dep't Of Transp., Michael G. Martinez

South Carolina Journal of International Law and Business

No abstract provided.


Table Of Contents Jan 2014

Table Of Contents

South Carolina Journal of International Law and Business

No abstract provided.


How I Convinced The French Supreme Court To Cancel The First French Legislative Elections In The United States, Pierre Ciric Jan 2014

How I Convinced The French Supreme Court To Cancel The First French Legislative Elections In The United States, Pierre Ciric

South Carolina Journal of International Law and Business

No abstract provided.


Masthead Jan 2014

Masthead

South Carolina Journal of International Law and Business

No abstract provided.


Masthead Jan 2014

Masthead

South Carolina Journal of International Law and Business

No abstract provided.


Seeing Through The Li(E)Bor: Reforming The Libor Reforms, Bruce G. Luna Ii Jan 2014

Seeing Through The Li(E)Bor: Reforming The Libor Reforms, Bruce G. Luna Ii

South Carolina Journal of International Law and Business

No abstract provided.


Corruption And Catalan Independence, Ryan T. Judd Jan 2014

Corruption And Catalan Independence, Ryan T. Judd

South Carolina Journal of International Law and Business

No abstract provided.


You've Got [International] Mail! A Comment On Bakala V. Bakala, Renee Ballew Jan 2014

You've Got [International] Mail! A Comment On Bakala V. Bakala, Renee Ballew

South Carolina Journal of International Law and Business

No abstract provided.


The Enemies Of All Humankind: The Fourth Circuit's Application Of Universal Jurisdiction In United States V. Shibin, Alicia A. Olive Jan 2014

The Enemies Of All Humankind: The Fourth Circuit's Application Of Universal Jurisdiction In United States V. Shibin, Alicia A. Olive

South Carolina Journal of International Law and Business

No abstract provided.


Table Of Contents Jan 2014

Table Of Contents

South Carolina Journal of International Law and Business

No abstract provided.


Legal Issues Concerning The Eu Unilateral Aviation Ets: A Chinese Perspective, Wenqiong Liang, Liying Zhang Jan 2014

Legal Issues Concerning The Eu Unilateral Aviation Ets: A Chinese Perspective, Wenqiong Liang, Liying Zhang

South Carolina Journal of International Law and Business

Since January 2012, carbon emissions from international aviation have been formally included in the European Union Emission Trading Scheme (EU ETS). Airlines from outside the EU have struggled to find an escape from this arguably unfair decision. China, the United States, Russia, India, and representatives from nineteen other countries signed the Moscow Joint Declaration in February of 2012 to demonstrate opposition to the EU’s unilaterally enacted aviation carbon tax. Originally, the EU had no intention of canceling or suspending its plan to tax the aviation industry’s carbon emissions; however, after international pressure from a number of opposing countries ...


The Dynamic Of The Institutionalization Of The Oecd Anti-Bribery Collaboration, Lianlian Liu Jan 2014

The Dynamic Of The Institutionalization Of The Oecd Anti-Bribery Collaboration, Lianlian Liu

South Carolina Journal of International Law and Business

Grasping the dynamic of the institutionalization process of the anti-bribery collaboration from the FCPA to the OECD Anti-Bribery Convention is critical for the next step of analyzing the actual performance of these laws. Previous works, grounded in realist ideology, often reduce the dynamic process to a question of states' free will and rational responses to expected payoffs in relative
legislative strategies. This realist approach offers only speculative and inaccurate explanations that cannot sustain an understanding of the operation of the anti-bribery collaboration at successive stages.Instead, this study employs a historical approach, stressing how decision makers were constrained by existing ...


A Glass Half Full: Corporate And State Responsibilities Under Economic And Social Rights During The On-Going European Financial Crisis, Jernej L. Černič Jan 2014

A Glass Half Full: Corporate And State Responsibilities Under Economic And Social Rights During The On-Going European Financial Crisis, Jernej L. Černič

South Carolina Journal of International Law and Business

No abstract provided.


Balintulo V. Daimler Ag, 727 F.3d 174 (2013). Second Circuit Closes The Door For Victims Of International Rights Violations, Emily M. Nellermoe Jan 2014

Balintulo V. Daimler Ag, 727 F.3d 174 (2013). Second Circuit Closes The Door For Victims Of International Rights Violations, Emily M. Nellermoe

South Carolina Journal of International Law and Business

No abstract provided.


The Contractual Foundation Of Family-Business Law, Benjamin Means Jan 2014

The Contractual Foundation Of Family-Business Law, Benjamin Means

Faculty Publications

Most U.S. businesses are family owned, and yet the law governing business organizations does not account adequately for family relationships. Nor have legal scholars paid sufficient attention to family businesses. Instead, legal scholars operate within a contractarian model of business organization law, which holds that a firm is comprised of a nexus of contracts among economically rational actors. Intimate relationships appear irrelevant except insofar as they affect contractual choices. Indeed, strictly speaking, there is no such thing as family-business law.

This Article lays the foundation for a law of family business by expanding the contractarian model: a firm includes ...


Fisher V. Texas And The Irrelevance Of Function In Race Cases, Derek W. Black Jan 2014

Fisher V. Texas And The Irrelevance Of Function In Race Cases, Derek W. Black

Faculty Publications

This symposium paper analyzes Fisher v. Texas in the context of the Supreme Court's overall race jurisprudence, demonstrating that the Court's decisions are driven by the form that considerations of race take rather than how those considerations actually operate. The University of Texas admissions plan, when compared to the admissions plan approved at the University of Michigan Law School in Grutter v. Bollinger, is very narrowly tailored. The University of Texas considered race in a smaller portion of admissions decisions and in a more limited way, even when race was considered. The Supreme Court, however, expressed serious skepticism ...


Comparing The Clean Air Act And A Carbon Price, Nathan D. Richardson, Arthur Fraas Jan 2014

Comparing The Clean Air Act And A Carbon Price, Nathan D. Richardson, Arthur Fraas

Faculty Publications

Over the last half-decade, a variety of federal legislative proposals for limiting greenhouse gas (GHG) emissions have been put forward, most of which would set a price on carbon. As of early 2013, the one politically plausible policy appears to be a carbon tax, passed as part of a larger fiscal reform package. Meanwhile, the U.S. Environmental Protection Agency has begun regulating GHG emissions from a variety of sources using its authority under the Clean Air Act. It may be necessary to choose between these two policies, however. The Waxman-Markey cap-and-trade bill that failed in 2009 would have preempted ...


The Constitutional Limit Of Zero Tolerance In Schools, Derek W. Black Jan 2014

The Constitutional Limit Of Zero Tolerance In Schools, Derek W. Black

Faculty Publications

With the introduction of modern zero tolerance policies, schools now punish much more behavior than they ever have before. But not all the behavior is bad. Schools have expelled the student who brings aspirin or fingernail clippers to campus, who does not know that a keychain knife in his backpack, or who reports having taken away a knife from another student in order to keep everyone safe. Despite challenges to these examples, courts have upheld the suspension and expulsion of this good-faith, innocuous behavior. With little explanation, courts have opined that the Constitution places no meaningful limit on the application ...