Law Commons^™

A Perfect Storm: Race, Ethnicity, Hate Speech, Libel And First Amendment Jurisprudence, Michael J. Cole

South Carolina Law Review

No abstract provided.

Crashworthiness: The Collision Of Sellers' Responsibility For Product Safety With Comparative Fault, F. Patrick Hubbard, Evan Sobocinski

Faculty Publications

Crashworthiness cases often involve the following issue: Should any wrongdoing by the plaintiff in causing the initial collision reduce or bar the plaintiff’s recovery for defective crashworthiness? Jurisdictions disagree on the answer to this issue. This disagreement results in large part from differing positions on two questions. First, should products liability law use duty rules to impose liability in a way that ensures efficient accident cost reduction or should it seek fairness through relatively unstructured jury allocations of liability based on fault? Second, in addressing the first issue, should for-profit corporations be viewed as: (1) “tools” to achieve human goals …

Revenge Against Robots, Christina Mulligan

South Carolina Law Review

No abstract provided.

Toxic Torts And Workers' Compensation At The Savannah River Site: The Disparate Remedies Available To Those Who Work For Cancer And Those Who Get It For Free, Keegan B. Miller

South Carolina Law Review

No abstract provided.

'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

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 …

Questioning The U.S. Supreme Court's Legalistic Qualified Immunity Approach And Suggestions For A Better Approach Essay, Robert Weems

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

South Carolina Law Review

No abstract provided.

In Pursuit Of A Remedy: A Need For Reform Of Police Officer Liability, Bonnie E. Bull

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

South Carolina Law Review

No abstract provided.

Sue My Car Not Me: Products Liability And Accidents Involving Autonomous Vehicles, Jeffrey K. Gurney

Jeffrey K Gurney

Autonomous vehicles will revolutionize society within the decade. They will cause accidents. Tort liability, however, is not ready for the introduction of autonomous vehicles, and, thus, liability will not be assessed to the party that is responsible for the accident. This Note addresses the liability of autonomous vehicle by examining products liability through the use of four scenarios: the Distracted Driver; the Diminished Capabilities Driver; the Disabled Driver; and the Attentive Driver.

Based on those scenarios, this Note argues that the autonomous technology manufacturer should be liable for accidents while the vehicle is in autonomous mode. This Note suggests that …

The Surveillance Society And The Third-Party Privacy Problem, Shaun B. Spencer

South Carolina Law Review

No abstract provided.

Blinded By A Bright Line: An Analysis Of The Fairfield Formula And Its Impact On Existing Laws And Legislative Procedure, Thomas A. Limehouse Jr.

South Carolina Law Review

No abstract provided.

Corporate Laibility And Foreign Acts Of Torture: Aziz V. Alcolac, Inc., C. Alexander Cable

South Carolina Law Review

No abstract provided.

Sayonara To Fair Play And Substantial Justice, Howard B. Stravitz

South Carolina Law Review

No abstract provided.

Products Liability Law For Design Defects In South Carolina: The Aftermath Of Branham V. Ford Motor Co., J. R. White Jr.

South Carolina Law Review

No abstract provided.

The Tortious Loss Of A Nonviable Fetus: A Miscarriage Leads To A Miscarriage Of Justice, Douglas E, Rushton

South Carolina Law Review

No abstract provided.

Moore V. Williamsburg Regional Hospital, Andrew R. Deholl

South Carolina Law Review

No abstract provided.

Snyder V. Phelps, Sarah E. Merkle

South Carolina Law Review

No abstract provided.

Taxing Structured Settlements, Brant J. Hellwig, Gregg D. Polsky

Faculty Publications

Congress has granted a tax subsidy to physically injured tort plaintiffs who enter into structured settlements. The subsidy allows these plaintiffs to exempt the investment yield imbedded within the structured settlement from federal income taxation. The apparent purpose of the subsidy is to encourage physically injured plaintiffs to invest, rather than presently consume, their litigation recoveries. Although the statutory subsidy by its terms is available only to physically injured tort plaintiffs, a growing structured settlement industry now contends that the same tax benefit of yield exemption is available to plaintiffs' lawyers and nonphysically injured tort plaintiffs under general, common-law tax …

Climate Change And The Public Law Model Of Torts: Reinvigorating Judicial Restraint Doctrines, Donald G. Gifford

South Carolina Law Review

No abstract provided.

Clarifying The Test For Design Defects In South Carolina, William L. Mills

South Carolina Law Review

No abstract provided.

Vital Surgery Or Unnecessary Procedure? Rethinking The Propriety Of Hospital Liability For Negligent Credentialing, Andrew R. Deholl

South Carolina Law Review

No abstract provided.

Design Defect Ghosts, David Owen

Faculty Publications

No abstract provided.

The Trouble With Negligence Per Se, Robert F. Blomquist

South Carolina Law Review

No abstract provided.

Design Defects, David G. Owen

Faculty Publications

No abstract provided.

Negligent Entrustment In South Carolina: An Analysis Of South Carolina's Consistent Application And Inconsistent Statements Of The Standard After Gadson V. Eco Services Of South Carolina, Inc., Robert H. Mcwilliams Jr.

South Carolina Law Review

No abstract provided.

Bifurcation: A Powerful But Underutilized Tool In South Carolina Civil Litigation, Derek A. Shoemake

South Carolina Law Review

No abstract provided.

State Antidiscrimination Statutes And Implied Preemption Of Common Law Torts: Valuing The Common Law, Jared S. Gonzalez

South Carolina Law Review

No abstract provided.

The Rescue Doctrine Following The Advent Of Comparative Negligence In South Carolina, Yasamine J. Christopherson

South Carolina Law Review

No abstract provided.