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

Law Commons

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

University of South Carolina

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 4708

Full-Text Articles in Law

Spectre Of Justice: Russian Reform In The Courtrooms Of Dostoevsky And Tolstoy, Abby Moore Apr 2024

Spectre Of Justice: Russian Reform In The Courtrooms Of Dostoevsky And Tolstoy, Abby Moore

Senior Theses

The Great Reforms of Alexander II are regarded as transformative policies in the history of Tsarist Russia, drastically changing the empire’s social and political fabric. The judicial reforms of 1864 in particular addressed longstanding issues within the existing criminal justice system, yet they also liberalized the institution at large. Following in the West’s footsteps, the reforms introduced an unprecedented level of democracy into Russia’s courtroom. Among the critics of these changes were renowned authors Fyodor Dostoevsky and Leo Tolstoy, both of whom used the realm of fiction to explore their respective concerns with reformed Russian jurisprudence. Both authors bring distinct …


The Sentiments Of Drag Performers On Anti-Drag Legislation: A Thematic Analysis, Brian D. Briggs Apr 2024

The Sentiments Of Drag Performers On Anti-Drag Legislation: A Thematic Analysis, Brian D. Briggs

Senior Theses

Since 2022, at least 21 states have considered, filed, or passed legislation with the goal of banning or limiting drag performances in public spaces or in the presence of minors. These pieces of legislation seek to suppress drag performances on the grounds that they appeal to sexual interests, and they even go as far as to claim that drag performers aim to groom and assault children at their performances. These claims are baseless and vastly misrepresent the true breadth of drag as a performance art and the positive messages it promotes, as well as suggest that bias against the LGBTQ+ …


Faculty Jan 2024

Faculty

South Carolina Journal of International Law and Business

No abstract provided.


Submission Information Jan 2024

Submission Information

South Carolina Journal of International Law and Business

No abstract provided.


Dispute Resolution In The Badminton World Federation: Sui Generis Expert Determination?, Ilias Bantekas Jan 2024

Dispute Resolution In The Badminton World Federation: Sui Generis Expert Determination?, Ilias Bantekas

South Carolina Journal of International Law and Business

The Badminton World Federation (BWF) has set up a poly-tiered dispute resolution mechanism to deal with alleged breaches of its institutional statutes. It calls these ‘judicial’ bodies even though they are not established by law. They consist of the Independent Hearing Panel (IHP) and the Sports Dispute Panel (SDP). The former entertains mostly governance-related disputes while the SDP enjoys jurisdiction for substantive sports disputes. The IHP also serves as an appellate forum against SDP decisions. Neither of these entities has been endowed with arbitral qualities and the BWF dispute settlement architecture is paradigmatic of expert determination. The two ‘judicial’ entities …


Notification Au Parquet In South Carolina: A Critique Of Substituted Service On Foreign Corporations, Julius H. Hines Jan 2024

Notification Au Parquet In South Carolina: A Critique Of Substituted Service On Foreign Corporations, Julius H. Hines

South Carolina Journal of International Law and Business

No abstract provided.


Rico’S Long Arm, Randy D. Gordon Jan 2024

Rico’S Long Arm, Randy D. Gordon

South Carolina Journal of International Law and Business

RICO has for over 50 years presented something of a parlor game for lawyers, mostly because its text leaves wide latitude in interpretation. And, as is often the case with RICO, resolution of one question begets more. The Supreme Court’s recent decision in Yegiazaryan v. Smagin proves no exception. Here, the Court brought some clarity to a question left open by RJR Nabisco: viz, what must one plead and prove to satisfy the “domestic injury” requirement necessary to invoke an extraterritorial application of RICO. The Court held that a foreign plaintiff can indeed, given the right facts and circumstances, establish …


Challenges Of Merger Control In The Ggc, Talal Al Awadhi Jan 2024

Challenges Of Merger Control In The Ggc, Talal Al Awadhi

South Carolina Journal of International Law and Business

This research study investigated the challenges confronting Gulf Corporate Council (GCC) states in merger control. For the purpose of this research, the term merger control is used to refer to the law and regulations on how anticompetitive mergers should be identified, controlled and/or prevented. This research study was carried out using a secondary data analysis. The secondary data was collected from the literature. Research findings indicate that mergers in general are underdeveloped in GCC states. As a result, the law on merger control has lagged severely behind developed states. Research findings also indicate that there are four main challenges to …


What Does It Mean To Create Art? Intellectual Property Rights For Artificial Intelligence Generated Artworks, Zachary Bozard Jan 2024

What Does It Mean To Create Art? Intellectual Property Rights For Artificial Intelligence Generated Artworks, Zachary Bozard

South Carolina Journal of International Law and Business

No abstract provided.


Title Page Jan 2024

Title Page

South Carolina Journal of International Law and Business

No abstract provided.


Table Of Contents Jan 2024

Table Of Contents

South Carolina Journal of International Law and Business

No abstract provided.


Editorial Board And Staff Jan 2024

Editorial Board And Staff

South Carolina Journal of International Law and Business

No abstract provided.


Killing Stays, Madalyn K. Wasilczuk Jan 2024

Killing Stays, Madalyn K. Wasilczuk

Faculty Publications

For decades, the Supreme Court has been suspicious of litigation under warrant in capital cases. The Court has described last-minute litigation as manipulative and dilatory, a result of gamesmanship by people on death row and their lawyers. With the confirmation of Justice Brett Kavanaugh in 2018, the Court began to extinguish the opportunity to assert death row detainees’ rights against unlawful death sentences and executions, reaching a crescendo of stay vacaturs and denials during the Trump executions. Despite this sea change in capital stay jurisprudence and practice, few scholars have focused on the capital stay as a vital component of …


Country-Of-Origin Information Reports: The Political And Legal Geographies Of Central American Migrants, Elise Dosch Oct 2023

Country-Of-Origin Information Reports: The Political And Legal Geographies Of Central American Migrants, Elise Dosch

Senior Theses

Country-of-origin information reports provide purportedly objective information on the political, economic, security, and humanitarian situation of a certain country. Within the context of asylum adjudication, country-of-origin information reports provide contextual information on the country-of-origin of the person seeking asylum. Academic literature on the legal use and application of these reports is limited, with the majority of research being contained within the European context. This thesis uses interviews with legal practitioners from the United States to investigate the use of country-of-origin information reports in the asylum adjudication process. These interviews revealed the uses of country-of-origin information reports by 3 key actors …


Religion, Discrimination, And The Future Of Public Education, Derek W. Black May 2023

Religion, Discrimination, And The Future Of Public Education, Derek W. Black

Faculty Publications

The Supreme Court’s recent decisions regarding the free exercise of religion threaten fundamental changes to public education. On their face, these decisions are relatively narrow. They prohibit states from explicitly excluding religious schools from participating in states’ tuition subsidy programs, otherwise known as private school vouchers. But school choice advocates and some scholars argue that the rationale in these cases also extends to religious organizations that want to operate public charter schools.

While these changes would drain enormous resources from an already underfunded public education system, even more important interests are at stake: antidiscrimination and basic core curriculum. More specifically, …


Myth-Busting Restorative Justice: Uncovering The Past And Finding Lessons In Community, Aparna Polavarapu May 2023

Myth-Busting Restorative Justice: Uncovering The Past And Finding Lessons In Community, Aparna Polavarapu

Faculty Publications

A common narrative about modern restorative justice is that it is a revival of historic and indigenous justice practices that have been practiced around the world. Critics of this narrative call it a myth, arguing that the claim is overbroad and unsupported by existing evidence. Embedded in this conversation are questions about how to respect the contributions of indigenous traditions and avoid whitewashing. Such an overwhelmingly broad claim tends to lead to romanticization and whitewashing of indigenous traditions, serving the needs of largely white, Western advocates in yet another colonial endeavor. But ignoring the indigenous contribution to restorative justice altogether …


The Racialized Violence Of Police Canine Force, Madalyn K. Wasilczuk May 2023

The Racialized Violence Of Police Canine Force, Madalyn K. Wasilczuk

Faculty Publications

No abstract provided.


The Clinic As A Site Of Grounded Pedagogy, Madalyn K. Wasilczuk Apr 2023

The Clinic As A Site Of Grounded Pedagogy, Madalyn K. Wasilczuk

Faculty Publications

Legal education tends to focus on teaching students federal law from hefty casebooks, inculcating the ability to "think like lawyers." In a sea of Socratic lectures and hypotheticals, students often take refuge in clinics as an island of practical skills-building, client centeredness, and individual fulfillment. Yet even clinics sometimes fail to highlight for students how the place where they practice, with its particular political context and history, shapes their clients' lives and legal problems. This Article describes the law school clinic as a site of grounded pedagogy: a teaching method that centers the con­nection between local history and the present …


A New Atticus Is Afoot: The Portrayal Of Lawyers In Popular Culture, Anna Thrush Apr 2023

A New Atticus Is Afoot: The Portrayal Of Lawyers In Popular Culture, Anna Thrush

Senior Theses

This project analyzes the stereotypical image of lawyers in popular culture, focusing on either overly demonic or unrealistically heroic. Both stereotypes that are common portrayals of attorneys in popular culture are unrealistic and deny society a true comprehension of the profession. Popular culture has molded the image of lawyers to the characteristics that sell, rather than focusing on a realistic portrayal. Therefore, popular culture creates a falsely dramatized image of attorneys to generate revenue, putting the reputation and future of the profession as risk. These stereotypes are exemplified in this project through a close literary analysis of lawyer characters from …


An Analysis Of Juvenile Gun Violence Mitigation In Columbia, South Carolina, Amelia Shook Apr 2023

An Analysis Of Juvenile Gun Violence Mitigation In Columbia, South Carolina, Amelia Shook

Senior Theses

Over the past ten years, the United States has been impacted by the increasing frequency of homicides due to gun violence. Juvenile homicides via firearms are examined on a national, state, and county level by the Centers for Disease Control and Prevention (CDC) and analyzed to showcase adjusted age and years of potential life lost due to gun violence. Data obtained through a CDC database depicts the geographic areas being examined: United States, South Carolina, and Richland County. South Carolina will be singled out and examined individually as it ranks eighth highest in the United States for gun violence. Richland …


Accessibility Of Medical School To Students With Physical Disabilities, Shelby A. Cowan Apr 2023

Accessibility Of Medical School To Students With Physical Disabilities, Shelby A. Cowan

Senior Theses

This thesis is an exploration of perceived and institutional barriers to matriculation into medical school for students with physical disabilities. Factors such as the lived admissions experience, available accommodations and supportive resources, and legal considerations surrounding a student's disclosure of their disability are examined; however, future work is needed to better access this population of students and empower them to become physicians and use their unique perspective to benefit patients.


The Future Of Bail Reform In The United States, Mary Gorham Apr 2023

The Future Of Bail Reform In The United States, Mary Gorham

Senior Theses

This thesis examines bail reform, specifically cash bail reform, across several jurisdictions in the United States. The goal of this research is to provide a synthesis of the literature and reform efforts at the state and federal levels. Importantly, this thesis will examine recent modifications to the cash bail systems in four states. in order to get a balanced perspective on the success of these reform efforts. In the pages that follow, there will be a presentation of the literature review and a discussion of the reforms that have been undertaken since 2015. Additionally, this thesis will discuss how the …


On The Legal Life-History Of Beaches, Josh Eagle Jan 2023

On The Legal Life-History Of Beaches, Josh Eagle

Faculty Publications

Climate change is, among other things, making it more and more difficult to get to the beach. Recent studies show that rising sea levels have been shrinking America’s beaches through erosion and inundation. This trend is unlikely to slow down anytime soon, and some scientists predict that we will see feet of additional sea-level rise within our lifetimes. While beaches are shrinking, reducing the availability of recreational opportunities for locals and tourists alike, the number of people who want to visit the beach has grown dramatically. The growth in demand is due to a variety of factors, including the very …


A New Test For The New Crime Exception, Colin Miller Jan 2023

A New Test For The New Crime Exception, Colin Miller

Faculty Publications

The new crime exception to the Fourth Amendment exclusionary rule allows prosecutors to introduce evidence connected to new crimes committed by defendants who were illegally detained and/or questioned. Unfortunately, as illustrated in this Article, courts largely have applied this new crime exception without any analytical framework or regard for the severity of the initial police misconduct or the defendant’s response. Moreover, courts have begun applying the new crime exception to crimes such as giving a fake name in response to an un-Mirandized interrogation following a lawful arrest.

By doing so, courts have allowed the new crime exception to swallow two …


Federal Bureaucratic Studies, Jesse M. Cross Jan 2023

Federal Bureaucratic Studies, Jesse M. Cross

Faculty Publications

A vast literature has developed in legal scholarship on the topic of bureaucratic governance. To date, this literature has focused squarely on the executive branch. Yet a second bureaucracy also exists in the federal government: the congressional bureaucracy. Recent legislation scholarship has brought this bureaucracy into focus—documenting its traits, practices, and culture. In so doing, it has created a rich new opportunity for cross-disciplinary dialogue—one where executive-branch studies and legislative studies collaborate toward a larger understanding of how bureaucracy operates, and can operate, in a presidentialist system.

To begin that cross-disciplinary conversation, this Article turns to five themes in the …


On An American Strategy To Forge Global Space Law To Curtail Orbital Debris In The New Space Age, Michael B. Runnels Jan 2023

On An American Strategy To Forge Global Space Law To Curtail Orbital Debris In The New Space Age, Michael B. Runnels

South Carolina Journal of International Law and Business

No abstract provided.


Convergence & Divergence In Digital Trade Regulation: A Comparative Analysis Of Cp-Tpp, Rcep, And Ejsi, Andrew D. Mitchell, Vandana Gyanchandani Jan 2023

Convergence & Divergence In Digital Trade Regulation: A Comparative Analysis Of Cp-Tpp, Rcep, And Ejsi, Andrew D. Mitchell, Vandana Gyanchandani

South Carolina Journal of International Law and Business

The article provides an in-depth comparative legal analysis of the fundamental digital trade provisions in three modern trade agreements: the Comprehensive and Progressive Trans-Pacific Partnership Agreement (CP-TPP), Regional Comprehensive Economic Partnership Agreement (RCEP), and Joint Statement Initiative on electronic commerce (eJSI) draft text. It features new, diverse regulatory priorities and approaches to govern digital trade. The comparative analysis will enable policymakers and civil society to appreciate the underlying regulatory concerns in negotiating digital trade agreements. The analysis aims to support an advancement of such digital trade provisions and make these deliberations more inclusive in future.


International Rise Of Cryptocurrency: A Comparative Review Of The United States, Mexico, Singapore, And Switzerland’S Anti-Money Laundering (Aml) Regulation, Michael G. Lindsay Jan 2023

International Rise Of Cryptocurrency: A Comparative Review Of The United States, Mexico, Singapore, And Switzerland’S Anti-Money Laundering (Aml) Regulation, Michael G. Lindsay

South Carolina Journal of International Law and Business

No abstract provided.


The Long Voyage Home, India M. Whaley Jan 2023

The Long Voyage Home, India M. Whaley

South Carolina Journal of International Law and Business

This research paper (“Paper”) examines the international, constitutional, legal history, and current rights to housing in the United States (U.S.), Jamaica, and South Africa. This Paper addresses the federal and sub-national systems regarding affordable housing initiatives that drive policies associated with poverty and homelessness. Moreover, the following thesis addresses the need for affordable housing and discusses the substantive right to housing. It examines the legal avenues and obstacles that must be overcome given the division of powers in each country. This Paper will discuss significant influences such as colonialism that shape current housing policies to eradicate poverty and homelessness. Colonial …


Navigating The South China Sea: Analyzing The Current Dispute Over Sovereignty, Maritime Zones, And Maritime Rights, Chase M. Seymour Jan 2023

Navigating The South China Sea: Analyzing The Current Dispute Over Sovereignty, Maritime Zones, And Maritime Rights, Chase M. Seymour

South Carolina Journal of International Law and Business

No abstract provided.