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University of South Carolina

2008

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 May 2008

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 Apr 2008

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 Apr 2008

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 Apr 2008

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 Apr 2008

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 Apr 2008

Design Defects, David G. Owen

Faculty Publications

No abstract provided.


Gone But Not Forgotten: The Strange Afterlife Of The Jay Treaty's Indian Free Passage Right, Marcia A. Yablon-Zug Apr 2008

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 Apr 2008

Overcoming Necessity: Torture And The State Of Constitutional Culture, Thomas P. Crocker

Faculty Publications

No abstract provided.


Table Of Contents Apr 2008

Table Of Contents

Southeastern Environmental Law Journal

No abstract provided.


Cercla's Cost Recovery Statute Of Limitations: Closing The Books Or Waiting For Godot, Alfred R. Light Apr 2008

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 Apr 2008

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 Apr 2008

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 Apr 2008

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 Apr 2008

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.


Table Of Contents Apr 2008

Table Of Contents

South Carolina Law Review

No abstract provided.


Bifurcation: A Powerful But Underutilized Tool In South Carolina Civil Litigation, Derek A. Shoemake Apr 2008

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 Apr 2008

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 Apr 2008

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 Apr 2008

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 Apr 2008

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 Apr 2008

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 Apr 2008

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. Apr 2008

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 Mar 2008

Book Review - The Science Of Settlement: Ideas For Negotiators, Rebekah K. Maxwell

Faculty Publications

No abstract provided.


Torture, With Apologies, Thomas P. Crocker Feb 2008

Torture, With Apologies, Thomas P. Crocker

Faculty Publications

No abstract provided.


Mutual Fund Advisory Fees: New Evidence And A Fair Fiduciary Duty Test, John P. Freeman, Stewart Brown, Steve Pomerantz Jan 2008

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 Jan 2008

"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 Jan 2008

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 Jan 2008

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. Jan 2008

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.