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Articles 1 - 30 of 4285
Full-Text Articles in Law
Spectre Of Justice: Russian Reform In The Courtrooms Of Dostoevsky And Tolstoy, Abby Moore
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 …
Faculty
South Carolina Journal of International Law and Business
No abstract provided.
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
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
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
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
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
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
South Carolina Journal of International Law and Business
No abstract provided.
Table Of Contents
South Carolina Journal of International Law and Business
No abstract provided.
Editorial Board And Staff
South Carolina Journal of International Law and Business
No abstract provided.
Country-Of-Origin Information Reports: The Political And Legal Geographies Of Central American Migrants, Elise Dosch
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
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
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
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
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 …
An Analysis Of Juvenile Gun Violence Mitigation In Columbia, South Carolina, Amelia Shook
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 …
The Future Of Bail Reform In The United States, Mary Gorham
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 …
Accessibility Of Medical School To Students With Physical Disabilities, Shelby A. Cowan
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.
A New Atticus Is Afoot: The Portrayal Of Lawyers In Popular Culture, Anna Thrush
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 …
On The Legal Life-History Of Beaches, Josh Eagle
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
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 …
The Two Title Ixs, Emily Suski
Federal Bureaucratic Studies, Jesse M. Cross
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
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
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
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
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
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.
Tragedies Of The Cultural Commons, Etienne C. Toussaint
Tragedies Of The Cultural Commons, Etienne C. Toussaint
Faculty Publications
In the United States, Black cultural expressions of democratic life that operate within specific historical-local contexts, yet reflect a shared set of sociocultural mores, have been historically crowded out of the law and policymaking process. Instead of democratic cultural discourse occurring within an open and neutral marketplace of ideas, the discursive production and consumption of democratic culture in American politics has been rivalrous. Such rivalry too often enables dominant White supremacist cultural beliefs, values, and practices to exercise their hegemony upon law’s production and meaning. The result has been tragedy for politically disempowered and socioeconomically excluded communities.
This Article uses …