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Articles 31 - 60 of 91
Full-Text Articles in Law
The Practical Effects Of Delegation: Agencies And The Zoning Of Public Land And Seas, Josh Eagle
The Practical Effects Of Delegation: Agencies And The Zoning Of Public Land And Seas, Josh Eagle
Faculty Publications
No abstract provided.
Substantive Due Process Limits On Punitive Damage Awards: "Morals Without Technique"?, F. Patrick Hubbard
Substantive Due Process Limits On Punitive Damage Awards: "Morals Without Technique"?, F. Patrick Hubbard
Faculty Publications
In a series of cases decided over the last two decades, the Supreme Court has used the Due Process Clause to establish a procedural and substantive framework for awarding punitive damages. Initially, the substantive aspects of this framework were sufficiently clear and flexible that they required little change in the system and probably generated a helpful level of debate and uniformity as to some basic requirements for awards. However, in BMW of North America, Inc. v. Gore, the Court adopted an approach characterized by a lack of clarity and consistency, an inadequate basis in theory and policy, and ad hoc …
Pigs Do Fly: A New Test Limiting The Scope Of Arbitration Clauses In South Carolina, Stephanie R. Lamb
Pigs Do Fly: A New Test Limiting The Scope Of Arbitration Clauses In South Carolina, Stephanie R. Lamb
South Carolina Law Review
No abstract provided.
Administrative Expenses Of Trusts: What Did Congress Mean, Sarah S. Batson
Administrative Expenses Of Trusts: What Did Congress Mean, Sarah S. Batson
South Carolina Law Review
No abstract provided.
Can Biofuels Solve The Problems Of American Foreign Oil Dependence, Malinda Mcaleer-Pennington
Can Biofuels Solve The Problems Of American Foreign Oil Dependence, Malinda Mcaleer-Pennington
Southeastern Environmental Law Journal
No abstract provided.
Design Defects, David G. Owen
Gone But Not Forgotten: The Strange Afterlife Of The Jay Treaty's Indian Free Passage Right, Marcia A. Yablon-Zug
Gone But Not Forgotten: The Strange Afterlife Of The Jay Treaty's Indian Free Passage Right, Marcia A. Yablon-Zug
Faculty Publications
No abstract provided.
Overcoming Necessity: Torture And The State Of Constitutional Culture, Thomas P. Crocker
Overcoming Necessity: Torture And The State Of Constitutional Culture, Thomas P. Crocker
Faculty Publications
No abstract provided.
Cercla's Cost Recovery Statute Of Limitations: Closing The Books Or Waiting For Godot, Alfred R. Light
Cercla's Cost Recovery Statute Of Limitations: Closing The Books Or Waiting For Godot, Alfred R. Light
Southeastern Environmental Law Journal
No abstract provided.
The Advent Of Modified Riparianism In South Carolina, J. Blanding Holman Iv
The Advent Of Modified Riparianism In South Carolina, J. Blanding Holman Iv
Southeastern Environmental Law Journal
No abstract provided.
Climate Change And South Carolina's Economy, Art Von Lehe
Climate Change And South Carolina's Economy, Art Von Lehe
Southeastern Environmental Law Journal
No abstract provided.
Money, And Radioactive Waste: The Savannah River Site Conundrum, W. Chris Swett
Money, And Radioactive Waste: The Savannah River Site Conundrum, W. Chris Swett
Southeastern Environmental Law Journal
No abstract provided.
Environmental Concerns Created By Current United States Border Policy: Challenging The Extreme Waiver Authority Granted To The Secretary Of The Department Of Homeland Security Under The Real Id Act Of 2005, Andrea C. Sancho
Southeastern Environmental Law Journal
No abstract provided.
Bifurcation: A Powerful But Underutilized Tool In South Carolina Civil Litigation, Derek A. Shoemake
Bifurcation: A Powerful But Underutilized Tool In South Carolina Civil Litigation, Derek A. Shoemake
South Carolina Law Review
No abstract provided.
Mccullough V. Goodrich & (And) Pennington Mortgage Fund, Inc.: Are Secured Creditors Really Secure From Third Party Impairment Of Collateral, R, Davis Rice
South Carolina Law Review
No abstract provided.
Banning The Flames: Constitutionality, Preemption, And Local Smoking Ordinances, Miles Coleman
Banning The Flames: Constitutionality, Preemption, And Local Smoking Ordinances, Miles Coleman
South Carolina Law Review
No abstract provided.
Commodo Caveo: Lender Beware - An Analysis Of Lender Liability For Construction Defects Under The Implied Warranty Of Habitability, Margaret N. Fox
Commodo Caveo: Lender Beware - An Analysis Of Lender Liability For Construction Defects Under The Implied Warranty Of Habitability, Margaret N. Fox
South Carolina Law Review
No abstract provided.
A Tale Of Two Cities: Is Lozano V. City Of Hazelton The Judicial Epilogue To The Story Of Local Immigration Regulation In Beaufort County, South Carolina, Jason P. Luther
A Tale Of Two Cities: Is Lozano V. City Of Hazelton The Judicial Epilogue To The Story Of Local Immigration Regulation In Beaufort County, South Carolina, Jason P. Luther
South Carolina Law Review
No abstract provided.
Testing The Waters: The South Carolina Coastal Captive Insurance Act As Part Of Multifaceted Approach To The Coastal Insurance Conundrum, Elisabeth A. Ondera
Testing The Waters: The South Carolina Coastal Captive Insurance Act As Part Of Multifaceted Approach To The Coastal Insurance Conundrum, Elisabeth A. Ondera
South Carolina Law Review
No abstract provided.
Are You In Good Hands: Is The Use Of In-House Counsel Right For South Carolina Insurance Defense, Eric Montalvo
Are You In Good Hands: Is The Use Of In-House Counsel Right For South Carolina Insurance Defense, Eric Montalvo
South Carolina Law Review
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.
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.
Book Review - The Science Of Settlement: Ideas For Negotiators, Rebekah K. Maxwell
Book Review - The Science Of Settlement: Ideas For Negotiators, Rebekah K. Maxwell
Faculty Publications
No abstract provided.
Torture, With Apologies, Thomas P. Crocker
Mutual Fund Advisory Fees: New Evidence And A Fair Fiduciary Duty Test, John P. Freeman, Stewart Brown, Steve Pomerantz
Mutual Fund Advisory Fees: New Evidence And A Fair Fiduciary Duty Test, John P. Freeman, Stewart Brown, Steve Pomerantz
Faculty Publications
No abstract provided.
"Manifest" Destiny?: How Some Courts Have Fallaciously Come To Require A Greater Showing Of Congressional Intent For Jurisdictional Exhaustion Than They Require For Preemption, Colin Miller
Faculty Publications
No abstract provided.
Even Better Than The Real Thing: How Courts Have Been Anything But Liberal In Finding Genuine Questions Raised As To The Authenticity Of Originals Under Rule 1003, Colin Miller
Faculty Publications
No abstract provided.
The Mysteriously Reappearing Cause Of Action: The Court’S Expanded Concept Of Intentional Gender And Race Discrimination In Federally Funded Programs, Derek W. Black
Faculty Publications
This Article addresses whether a cause of action exists under federal statutes to challenge gender and racial inequity in federally funded programs. The question has widespread ramifications because Congress appropriates funds to millions of programs that are subject to these statutes. The Court has held that the only cause of action that exists under these statutes is for intentional discrimination, but in a series of recent cases the Court has developed a framework that broadens the concept of intentional discrimination. Unfortunately, lower courts have focused on older and narrower interpretations of intentional discrimination without accounting for the more complex nuances …
Ocean Zoning And Spatial Access Privileges: Rewriting The Tragedy Of The Regulated Ocean, Josh Eagle, James N. Sanchirico, Barton H. Thompson Jr.
Ocean Zoning And Spatial Access Privileges: Rewriting The Tragedy Of The Regulated Ocean, Josh Eagle, James N. Sanchirico, Barton H. Thompson Jr.
Faculty Publications
No abstract provided.