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Articles 1 - 30 of 69
Full-Text Articles in Law
Modern Police Practices: Arizona V. Gant's Illusory Restriction Of Vehicle Searches Incident To Arrest, Seth W. Stoughton
Modern Police Practices: Arizona V. Gant's Illusory Restriction Of Vehicle Searches Incident To Arrest, Seth W. Stoughton
Faculty Publications
In 2009, the Supreme Court overturned thirty years of precedent with a decision that purported to dramatically cut back on the ability of law enforcement officers to conduct warrantless vehicle searches incident to the arrest of a vehicle occupant. Scholars and commentators celebrated Arizona v. Gant’s constraint of police, and subsequent scholarship has focused exclusively on peripheral concerns such as alternative justifications for warrantless searches and Gant’s effect on non-vehicle searches. This Note challenges the core assumption that Gant will substantially limit vehicle searches incident to arrest, contending that Gant is far more permissive than it appears. In most cases, …
Presidential Power And Constitutional Responsibility, Thomas P. Crocker
Presidential Power And Constitutional Responsibility, Thomas P. Crocker
Faculty Publications
Some constitutional theorists defend unbounded executive power to respond to emergencies or expansive discretionary powers to complete statutory directives. Against these anti-Madisonian approaches, this Article examines how the textual assignment of republican virtues helps to constitute and constrain the president's power. The Madisonian solution for constitutional constraint both creates institutions for unenlightened statesmen and relies on virtue to make governing possible. Constitutional responsibility is a consistent textual theme found in the command to "take Care that the Laws be faithfully executed," the responsibility to remain faithful to the office of president, and the obligation to preserve the Constitution itself. Although …
What Does Cfaa Mean And Why Should I Care - A Primer On The Computer Fraud And Abuse Act For Civil Litigators, Shawn E. Tuma
What Does Cfaa Mean And Why Should I Care - A Primer On The Computer Fraud And Abuse Act For Civil Litigators, Shawn E. Tuma
South Carolina Law Review
No abstract provided.
Engaging The Legal Academy In Disaster Response, Susan Kuo, Davida Finger, Laila Hlass, Anne Hornsby, Rachel Van Cleave
Engaging The Legal Academy In Disaster Response, Susan Kuo, Davida Finger, Laila Hlass, Anne Hornsby, Rachel Van Cleave
Faculty Publications
This article discusses three models of law school engagement that have been used to respond to natural disasters. The three models discussed are a disaster law clinic, a course on disaster law, and a student-led initiative featuring non-credit, pro bono placements. Each model offers a conceptual approach for integrating community-based, justice-oriented initiatives into academic and clinical teaching. Taken as templates for a more permanent model of engagement in the area of post-disaster law and social justice, these models demonstrate that the legal academy can meet its service obligation to the community while training lawyers to better appreciate the central tenets …
The Case For Tradable Tax Credits, Clint Wallace
The Case For Tradable Tax Credits, Clint Wallace
Faculty Publications
This note argues that tradable tax credits offer advantages as compared to other mechanisms the federal government can use to affect social and economic policy. Policymakers should consider the tradable tax credit as a potentially desirable form of tax incentive, rather than a necessity of political compromise as was the case in the enactment of existing tradable credits. First, the note establishes that tradable tax credits can be the economic equivalent of direct spending programs and of refundable tax credits. Next, the note examines a limited but significant set of circumstances in which the tradable tax credit can offer efficiency …
No Harm, No Foul - Why Harmless Error Analysis Should Not Be Used To Review Wrongful Denials Of Counsel To Parents In Child Welfare Cases, Vivek Sankaran
No Harm, No Foul - Why Harmless Error Analysis Should Not Be Used To Review Wrongful Denials Of Counsel To Parents In Child Welfare Cases, Vivek Sankaran
South Carolina Law Review
No abstract provided.
A Critical Perspective On The Interplay Between Our Federal Labor And Arbitration Laws, Kenneth T. Lopatka
A Critical Perspective On The Interplay Between Our Federal Labor And Arbitration Laws, Kenneth T. Lopatka
South Carolina Law Review
No abstract provided.
Making Sense Of Twombly, Edward D. Cavanaugh
Making Sense Of Twombly, Edward D. Cavanaugh
South Carolina Law Review
No abstract provided.
The Law School Firm, Bradley T. Borden, Robert J. Rhee
The Law School Firm, Bradley T. Borden, Robert J. Rhee
South Carolina Law Review
No abstract provided.
From Barbarity To Regularity: A Case Study Of Unnecesarean Malpractice Claims, Jamie Abrams
From Barbarity To Regularity: A Case Study Of Unnecesarean Malpractice Claims, Jamie Abrams
South Carolina Law Review
No abstract provided.
Not Perfect, But Better Than Most: South Carolina's Tpr Process And Its Surprisingly Fair Treatment Of Incarcerated Parents, Stuart M. Jones Jr.
Not Perfect, But Better Than Most: South Carolina's Tpr Process And Its Surprisingly Fair Treatment Of Incarcerated Parents, Stuart M. Jones Jr.
South Carolina Law Review
No abstract provided.
Abandoned Ship!: Legal Approaches To South Carolina's Derelict Vessel Problem, Susanna C. Brailsford
Abandoned Ship!: Legal Approaches To South Carolina's Derelict Vessel Problem, Susanna C. Brailsford
South Carolina Law Review
No abstract provided.
Book Review: Concepts In Law: Whom Should You Trust? Plans, Pragmatism, And Legality, Thomas P. Crocker
Book Review: Concepts In Law: Whom Should You Trust? Plans, Pragmatism, And Legality, Thomas P. Crocker
Faculty Publications
No abstract provided.
Taking International Law At Its Word And Its Spirit: Re-Envisioning Responsibility To Protect As A Binding Principle Of International Law, Tessa R. Davis
Taking International Law At Its Word And Its Spirit: Re-Envisioning Responsibility To Protect As A Binding Principle Of International Law, Tessa R. Davis
Faculty Publications
No abstract provided.
Who Has More Privacy?: State V. Brown And Its Effect On South Carolina Criminal Defendants, Jaclyn L. Mcandrew
Who Has More Privacy?: State V. Brown And Its Effect On South Carolina Criminal Defendants, Jaclyn L. Mcandrew
South Carolina Law Review
No abstract provided.
Hanging Out Your Virtual Shingle: A Look At How South Carolina's Ethics Rules Concerning Attorney Communications, Advertising, And Solicitation Apply To Virtual Worlds, Jeffrey I. Silverberg
Hanging Out Your Virtual Shingle: A Look At How South Carolina's Ethics Rules Concerning Attorney Communications, Advertising, And Solicitation Apply To Virtual Worlds, Jeffrey I. Silverberg
South Carolina Law Review
No abstract provided.
Products Liability Law For Design Defects In South Carolina: The Aftermath Of Branham V. Ford Motor Co., J. R. White Jr.
Products Liability Law For Design Defects In South Carolina: The Aftermath Of Branham V. Ford Motor Co., J. R. White Jr.
South Carolina Law Review
No abstract provided.
Punitive Damages In South Carolina: With Clarity Comes Uncertainty, Kyle A. Brannon
Punitive Damages In South Carolina: With Clarity Comes Uncertainty, Kyle A. Brannon
South Carolina Law Review
No abstract provided.
Fair Representation In The South Carolina Corporate Income Tax: Combined Reporting As Equiatable Apportionment After Media General Communications, Inc. V. South Carolina Department Of Revenue, Richard I. Simons
South Carolina Law Review
No abstract provided.
What Can We Demand Of Judges In Return For Independence?, David Klein
What Can We Demand Of Judges In Return For Independence?, David Klein
South Carolina Law Review
No abstract provided.
South Carolina Green Party V. South Carolina State Election Commission, Susanna C. Brailsford
South Carolina Green Party V. South Carolina State Election Commission, Susanna C. Brailsford
South Carolina Law Review
No abstract provided.
Appearance Of Impropriety, Recusal, And The Segars-Andrews Case, John P. Freeman
Appearance Of Impropriety, Recusal, And The Segars-Andrews Case, John P. Freeman
South Carolina Law Review
No abstract provided.
United States V. Malloy, Carmel Matin
United States V. Said & United States V. Hasan, William C. Mckinney
United States V. Said & United States V. Hasan, William C. Mckinney
South Carolina Law Review
No abstract provided.
Appearance Of The Impropriety, Recusal, And The Segars-Andrews Case, John P. Freeman
Appearance Of The Impropriety, Recusal, And The Segars-Andrews Case, John P. Freeman
Faculty Publications
No abstract provided.
Lost In Doctrine: Particular Social Group, Child Soldiers And The Failure Of U.S. Asylum Law To Protect Exploited Children, Tessa R. Davis
Lost In Doctrine: Particular Social Group, Child Soldiers And The Failure Of U.S. Asylum Law To Protect Exploited Children, Tessa R. Davis
Faculty Publications
Exploited and persecuted, child soldiers live lives dominated by violence, fear, and death. Very few will find security within their own nations or abroad. Subjected to exclusionary bars or rigid interpretations of the particular social group ground for asylum, U.S. asylum law frequently functions to exclude those lucky few children who are able to escape their persecutors. Scholars writing on child soldiers and asylum law focus, almost exclusively, on the exclusionary bars and question of whether children are persecutors or victims of atrocities. These concerns are critical because how courts view child soldiers determines whether they will grant or deny …
News & Observer Publishing Co. V. Raleigh-Durham Airport Authority, Telly H. Davakos
News & Observer Publishing Co. V. Raleigh-Durham Airport Authority, Telly H. Davakos
South Carolina Law Review
No abstract provided.