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Articles 1 - 30 of 66

Full-Text Articles in Law

Title Page Oct 2004

Title Page

South Carolina Law Review

No abstract provided.


Proving Negligence In Products Liability Litigation, David G. Owen Oct 2004

Proving Negligence In Products Liability Litigation, David G. Owen

Faculty Publications

No abstract provided.


Table Of Contents Oct 2004

Table Of Contents

South Carolina Law Review

No abstract provided.


The Shadow Code, David W. Barnes, Deborah Zalesne Oct 2004

The Shadow Code, David W. Barnes, Deborah Zalesne

South Carolina Law Review

No abstract provided.


Don't Forget To Wear Your Hunter Orange (Or Flack Jacket): A Critique On The Lack Of Criminal Prosecution Of Hunting "Accidents", John F. Decker Oct 2004

Don't Forget To Wear Your Hunter Orange (Or Flack Jacket): A Critique On The Lack Of Criminal Prosecution Of Hunting "Accidents", John F. Decker

South Carolina Law Review

No abstract provided.


Crawford V. Washington And The Irretrievable Breakdown Of A Union: Separating The Confrontation Clause From The Hearsay Rule, Thomas J. Reed Oct 2004

Crawford V. Washington And The Irretrievable Breakdown Of A Union: Separating The Confrontation Clause From The Hearsay Rule, Thomas J. Reed

South Carolina Law Review

No abstract provided.


The Doctrine Of Deference: Shifting Constitutional Presumptions And The Supreme Court's Restatement Of Student Rights, Bernard James, Joanne E.K. Larson Oct 2004

The Doctrine Of Deference: Shifting Constitutional Presumptions And The Supreme Court's Restatement Of Student Rights, Bernard James, Joanne E.K. Larson

South Carolina Law Review

No abstract provided.


The New Role Of Secret Settlements In The South Carolina Justice System, Jean Hoefer Toal, Bratton Riles Jul 2004

The New Role Of Secret Settlements In The South Carolina Justice System, Jean Hoefer Toal, Bratton Riles

South Carolina Law Review

No abstract provided.


Confidential Settlements: The Defense Perspective, Stephen E. Darling Jul 2004

Confidential Settlements: The Defense Perspective, Stephen E. Darling

South Carolina Law Review

No abstract provided.


Hidden From The Public By Order Of The Court: The Case Against Government-Enforced Secrecy, Joseph F. Anderson Jr. Jul 2004

Hidden From The Public By Order Of The Court: The Case Against Government-Enforced Secrecy, Joseph F. Anderson Jr.

South Carolina Law Review

No abstract provided.


Culture Clash: Teaching Cultural Defenses In The Criminal Law Classroom, Susan S. Kuo Jul 2004

Culture Clash: Teaching Cultural Defenses In The Criminal Law Classroom, Susan S. Kuo

Faculty Publications

In the law school classroom, the Socratic method of legal analysis removes a dispute at issue in a given case from its sociocultural context and takes the cultural backgrounds of the parties into account only when they serve the legal argument. The language of the law commands law students to siphon off the emotional and cultural content because of the enduring belief that the law is neutral and impartial. Accordingly, cultural conflicts are deemed irrelevant to legal analysis because laws are unbiased and culture-blind. This detached outlook has been termed perpectivelessness to denote a neutral, odorless, colorless non-perspective.

This essay …


Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Josh Gupta-Kagan Jul 2004

Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Josh Gupta-Kagan

Faculty Publications

This essay presents one doctrinal method for lawyers to defend children accused of criminal charges in juvenile or adult court: attacking the applicability of the twenty-year old case, New Jersey v. T.L.O., to most school searches. T.L.O. based its application of a lower standard for searches of students by school officials on the presumption that firm gates separate public school from law enforcement and criminal justice institutions. Later administrative search cases inside and outside of the school context show that tee lower standard of T.L.O. depends entirely on programmatic purposes that distinguish school systems and ordinary law enforcement. Porous schoolhouse …


The Laudable South Carolina Court Rules Must Be Broadened, Richard A. Zitrin Jul 2004

The Laudable South Carolina Court Rules Must Be Broadened, Richard A. Zitrin

South Carolina Law Review

No abstract provided.


Title Page Jul 2004

Title Page

South Carolina Law Review

No abstract provided.


Table Of Contents Jul 2004

Table Of Contents

South Carolina Law Review

No abstract provided.


Family Court Files: A Treasure Trove For Identity Thieves, Melissa F. Brown Jul 2004

Family Court Files: A Treasure Trove For Identity Thieves, Melissa F. Brown

South Carolina Law Review

No abstract provided.


Settlement, Secrecy, And Judicial Discretion: South Carolina's New Rules Governing The Sealing Of Settlements, Laurie Kratky Dore Jul 2004

Settlement, Secrecy, And Judicial Discretion: South Carolina's New Rules Governing The Sealing Of Settlements, Laurie Kratky Dore

South Carolina Law Review

No abstract provided.


The Ethics Of Using Judges To Conceal Wrongdoing, John P. Freeman Jul 2004

The Ethics Of Using Judges To Conceal Wrongdoing, John P. Freeman

South Carolina Law Review

No abstract provided.


Settlements And Secrets: Is The Sunshine Chilly, James E. Rooks Jr. Jul 2004

Settlements And Secrets: Is The Sunshine Chilly, James E. Rooks Jr.

South Carolina Law Review

No abstract provided.


Role Of Judges In Secret Judgments, Abner J. Mikva Jul 2004

Role Of Judges In Secret Judgments, Abner J. Mikva

South Carolina Law Review

No abstract provided.


The Puzzle Of Comment J, David G. Owen Jun 2004

The Puzzle Of Comment J, David G. Owen

Faculty Publications

No abstract provided.


Property Rights And Sacred Sites: Federal Regulatory Responses To American Indian Religious Claims On Public Land, Marcia A. Yablon-Zug May 2004

Property Rights And Sacred Sites: Federal Regulatory Responses To American Indian Religious Claims On Public Land, Marcia A. Yablon-Zug

Faculty Publications

No abstract provided.


A Tribute To Retiring Senator Ernest F. Fritz Hollings, James E. Clyburn Apr 2004

A Tribute To Retiring Senator Ernest F. Fritz Hollings, James E. Clyburn

South Carolina Law Review

No abstract provided.


Public-Figure Defamation Actions In South Carolina - Courts Stay Mindful Of The Defendant's State Of Mind, Eric G. Zaiser Apr 2004

Public-Figure Defamation Actions In South Carolina - Courts Stay Mindful Of The Defendant's State Of Mind, Eric G. Zaiser

South Carolina Law Review

No abstract provided.


Title Page Apr 2004

Title Page

South Carolina Law Review

No abstract provided.


Table Of Contents Apr 2004

Table Of Contents

South Carolina Law Review

No abstract provided.


The United States Supreme Court's Indecision In Green Tree Financial Corporation V. Bazzle: A Class Act, Michael Oliver Eckard Apr 2004

The United States Supreme Court's Indecision In Green Tree Financial Corporation V. Bazzle: A Class Act, Michael Oliver Eckard

South Carolina Law Review

No abstract provided.


Grutter V. Bollinger: Setting A Path For Diversity At The University Of South Carolina School Of Law, Laurel Rosenberg Apr 2004

Grutter V. Bollinger: Setting A Path For Diversity At The University Of South Carolina School Of Law, Laurel Rosenberg

South Carolina Law Review

No abstract provided.


Doe V. Mcmaster And The Lawyer's Role In Real Estate Transactions, Tara Austin Apr 2004

Doe V. Mcmaster And The Lawyer's Role In Real Estate Transactions, Tara Austin

South Carolina Law Review

No abstract provided.


South Carolina's Multimillion Dollar Tax Problem: An Examination Of The Manufacturer's Machine Exemption In The South Carolina Sales Tax System, Peter E. Farr Apr 2004

South Carolina's Multimillion Dollar Tax Problem: An Examination Of The Manufacturer's Machine Exemption In The South Carolina Sales Tax System, Peter E. Farr

South Carolina Law Review

No abstract provided.