Law Commons^™

South Carolina Legal Resources On The Web, Duncan E. Alford

Faculty Publications

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Applying The Ada To Mitigating Measures Cases: A Choice Of Statutory Evils, Lisa A. Eichhorn

Faculty Publications

This Article critiques the idea that the ADA should exclude from its coverage people who use mitigating measures, such as medications and medical devices, to alleviate the effects of their mental and physical impairments. After describing the statute as an expansive but flawed tool for combating disability-based discrimination, the Article analyzes a 1999 trilogy of Supreme Court cases holding that in determining whether a person has a disability for purposes of ADA coverage, courts should take account of the ameliorative effects of so-called mitigating measures on the person’s impairments. Through this holding, the Court inappropriately constricted the scope of the …

Major Litigation Activities Regarding Major Life Activities: The Failure Of The Disability Definition In The Americans With Disabilities Act Of 1990, Lisa A. Eichhorn

Faculty Publications

The passage of the Americans with Disabilities Act ("ADA") in 1990 has been praised as the major accomplishment of the disability rights movement. This statute, however, is not without its flaws. Perhaps the most problematic one is the way in which “disability” is defined. Lisa Eichhorn argues that the definition undercuts the effectiveness of the ADA. She begins with a historical look at society’s concepts of disability and discusses how these concepts were incorporated into the Rehabilitation Act of 1973 and the ADA. She then examines cases that have been dismissed because plaintiffs cannot prove disabled status, which illustrate the …

South Carolina Practice Materials: A Selective, Annotated Bibliography, Duncan E. Alford

Faculty Publications

No abstract provided.

Writing In The Legal Academy: A Dangerous Supplement, Lisa A. Eichhorn

Faculty Publications

This article explores the relationship of writing and speech in the legal academy through the lens of an ancient, embedded hierarchy that favors speech over writing. The article borrows the philosophical notion of the "dangerous supplement" to describe the role of writing in this hierarchy and argues that law schools have long seen only one aspect of this role, viewing writing as a "dangerous" curricular supplement, but failing to see why it is necessary to the existence of the remainder of the curriculum. This article examines the lurking distrust that surrounds writing in the legal academy. Part I of this …

Prohibiting Conduct, Not Consequences: The Limited Reach Of The Migratory Bird Treaty Act, Benjamin Means

Faculty Publications

No abstract provided.

Products Liability Law Restated, David G. Owen

Faculty Publications

No abstract provided.

Toward A Proper Test For Design Defectiveness: "Micro-Balancing" Costs And Benefits, David G. Owen

Faculty Publications

No abstract provided.

Reasonable Accommodations And Awkward Compromises: Issues Concerning Learning Disabled Students And Professional Schools In The Law School Context, Lisa A. Eichhorn

Faculty Publications

Under the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973, colleges and universities are prohibited from discriminating against qualified students with learning disabilities and must reasonably accommodate such disabilities so that students have a genuine opportunity to complete academic programs successfully. Not surprisingly, just like their non-disabled peers, a number of learning disabled college graduates are choosing to enter professions such as law and medicine. Their entry into professional schools has raised a number of legal issues concerning their qualification to matriculate, their need for accommodations, and their eventual ability to practice successfully. …

Risk-Utility Balancing In Design Defect Cases, David G. Owen

Faculty Publications

No abstract provided.

Defectiveness Restated: Exploding The "Strict" Products Liability Myth, David G. Owen

Faculty Publications

Strict liability in tort has occupied the core of modern products liability doctrine ever since Dean Prosser first penned the most often cited Restatement section in history-section 402A of the Second Restatement of Torts. In the Third Restatement, the ALl has completely restructured the definition of product defectiveness. The inscrutable phrase that has confounded courts and commentators for so many years- "defective condition unreasonably dangerous"- is now trifurcated according to the separate types of product defects: manufacturing defects, design defects, and warnings defects. In this important article, Professor Owen explores the conceptual developments that led to the restated liability formulations …

An Empirical Test Of The Rational Actor Theory Of Litigation, Donald R. Songer, Charles M. Cameron, Jeffrey A. Segal

Faculty Publications

This article examines the decisions of litigants in criminal cases to appeal decisions from the U.S. Courts of Appeals to the U.S. Supreme Court. Using a random sample of search and seizure cases from 1962 through 1990 and a measure of the likelihood that the appeals court decision will be reversed if cert is granted, we demonstrate that litigants behave as if they rationally consider costs and benefits in their decisions to appeal. Given the extraordinary number of cases decided by lower federal courts vis-g-vis the number of cases the Supreme Court can decide, we argue that such behavior is …

Gavel Raps, Edition 1 (February 1995), University Of South Carolina School Of Law Students

Gavel Raps Student Newspaper

Mandatory Grade Normalization: What's in It for Students?, by Sara Kelley

Editor's Note, by Brian McCarty

What's happened this year with Student Government?, by Bob Masella

THINK! PRO BONO, by Bob Masella

Utterings about Life Outside the Law School from the Bottom of the Class, by Brian McCarty

Anti-Money Laundering Regulations: A Burden On Financial Institutions, Duncan E. Alford

Faculty Publications

No abstract provided.

The Graying Of Products Liability Law: Paths Taken And Untaken In The New Restatement, David G. Owen

Faculty Publications

No abstract provided.

A Reappraisal Of Diversification In The Federal Courts: Gender Effects In The Courts Of Appeals, Donald R. Songer, Sue Davis, Susan Haire

Faculty Publications

Prior scholarship on the effect of the increasing number of female judges leads to three contrasting sets of expectations. Early writings and views of affirmative-action activists suggested that female judges would be more liberal than male judges. On the other hand, a series of empirical studies suggest that we should expect no gender differences. In contrast to both of these perspectives, several feminist scholars suggest that women will be more liberal only when that position expresses support for full participation in the community. These contrasting expectations were tested by analyzing the votes of appeals court decisions in three issue areas. …

A Punitive Damages Overview: Functions, Problems And Reform, David G. Owen

Faculty Publications

No abstract provided.

How Reasonable Is The Reasonable Man?: Police And Excessive Force, Geoffrey P. Alpert, William C. Smith

Faculty Publications

The authority of the police to use force represents one of the most misunderstood powers granted to representatives of government. Police officers are authorized to use both psychological and physical force to apprehend criminals and solve crimes. This Article focuses on issues of physical force. After a brief introduction and a review of current legal issues in the use of force, the Article discusses "reasonableness" and the unrealistic expectation which is placed on police to understand, interpret, and follow vague "reasonableness" guidelines. Until the expectations and limitations on the use of force are clarified, in behavioral terms, police officers will …

A History Of The Opening Statement From Barristers To Corporate Lawyers: A Case Study Of South Carolina, W. Lewis Burke

Faculty Publications

No abstract provided.

The Moral Foundations Of Products Liability Law: Toward First Principles, David G. Owen

Faculty Publications

No abstract provided.

The Fault Pit, David G. Owen

Faculty Publications

No abstract provided.

Basle Committee Minimum Standards : International Regulatory Response To The Failure Of Bcci, Duncan E. Alford

Faculty Publications

No abstract provided.

Gavel Raps, V. 9, N. 2 (April 1991), University Of South Carolina School Of Law Students

Gavel Raps Student Newspaper

Dean's sister strips

How To Write An Effective Firm Rejection Letter, by Joe Marino

Law School Goes The Military Way, by Craig Burgess

Patterson betrays colleagues with lounge revelation

Belton bares butt

Kindergarten record foretells Homer' home is U.S.C. Law

Medlin's suitability for law

The Latest and Greates from 2 Live 2L's, by Paul Owen

Loggin' Lobby Time

Professor puzzle

Gavel Raps, V. 10, N. 1 (October 1990), University Of South Carolina School Of Law Students

Gavel Raps Student Newspaper

A Midsummer Night's Law Dream: A short story by Derek Chiarenza

Lacy nabbed trying to negotiate phoney commercial paper

Thurmond pukes on library floor after guided tour

How to interview for the big bucks, by Joe Marino

The Good, The Bad and The Ugly

PBS's "The Civil War," by Craig Burgess

Food For Thought

From the"Thank God the Feds are Here to Protect Us Department"

Cosmic Christine

Dear JoAnne: JoAnne tells students: 'Make Love, Not Law Review"

Loggin' Lobby Time...

"Me So Unemployed"

Products Liability: Principles Of Justice For The 21st Century, David G. Owen

Faculty Publications

No abstract provided.

Gavel Raps, V. 9, N. 1 (October 1989), University Of South Carolina School Of Law Students

Gavel Raps Student Newspaper

Law School extended to four years, by Mitch Poon

Correctional look: Prisoners refurbish lobby, by Ryland V. Fletcher

Fourth floor, walkway added to Law School

Editorial

Chastain expert witness in William Hurt trial, by Julie Weinheimer and Tucker Cecil

Letters to the Editor

Gavel Raps Editorial Board

ABA Journal affiliates with USC

Dean Montgomery Resigns

Dear Joanne

Quid Pro Quotes

Cosmic Christine

Loggin' Lobby Time

Policing Hot Pursuits: The Discovery Of Aleatory Elements, Geoffrey P. Alpert, Roger G. Dunham

Faculty Publications

No abstract provided.

The Moral Foundations Of Punitive Damages, David G. Owen

Faculty Publications

No abstract provided.

Gavel Raps, V. 8, N. 3 (March 1989), University Of South Carolina School Of Law Students

Gavel Raps Student Newspaper

Law Week Date Set, by Scott Anderson

Professor In Profile: David Shipley, by Doug Guthrie

3Ls Set To Finish, by Melissa Miller Anderson

Law Review Competition, by John Buckley

Dixon Wins Lewis Moot Court Tourney

Editorial

What Should you Be When You Grow Up? More Than A Role, by Rush Smith

Gavel Raps Editorial Board

THE LIGHTER SIDE

RUMORS HEADS 'ROUND THE LAW SCHOOL

LOGGIN' LOBBY TIME, by The Jury Stalker

1L Lament To Grade Normalization, by Scott Anderson

Grades Worry One L

Dear Joanne

Judge David Bazelon: Questioning Authority (Review Essay), Geoffrey P. Alpert

Faculty Publications

No abstract provided.