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Full-Text Articles in Law
From Bad To Worse: Some Early Speculation About The Roberts Court And The Constitutional Fate Of The Poor, Andrew M. Siegel
From Bad To Worse: Some Early Speculation About The Roberts Court And The Constitutional Fate Of The Poor, Andrew M. Siegel
South Carolina Law Review
No abstract provided.
Addressing Potential Drug Risks: The Limits Of Testing, Risk Signals, Preemption, And The Drug Reform Legislation, Margaret Gilhooley
Addressing Potential Drug Risks: The Limits Of Testing, Risk Signals, Preemption, And The Drug Reform Legislation, Margaret Gilhooley
South Carolina Law Review
No abstract provided.
Framework For The Next Civil Rights Act: What Tort Concepts Reveal About Goals, Results, And Standards, Derek W. Black
Framework For The Next Civil Rights Act: What Tort Concepts Reveal About Goals, Results, And Standards, Derek W. Black
Faculty Publications
This article anticipates that the next president and the current Congress will likely pursue civil rights legislation for the first time since 1991. Their most significant and difficult task will be determining whether to retain the Supreme Court’s intentional discrimination standard. Because this issue has so often led to polemic debates and court decisions in the past, this article attempts to provide a neutral framework for that discussion. Relying on tort concepts and their longstanding connection to constitutional torts, it demonstrates that the attempt to create a standard to prohibit immoral or “wrongful” conduct is both misguided and will prove …