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Articles 1 - 30 of 86
Full-Text Articles in Law
Blackness As Fighting Words, Etienne C. Toussaint
Blackness As Fighting Words, Etienne C. Toussaint
Faculty Publications
The resurgence of worldwide protests by activists of the Movement for Black Lives (BLM) has ushered a global reckoning with the meaning of this generation’s rallying cry – “Black Lives Matter.” As citizens emblazon their streets with this expression in massive artistic murals, the Trump administration has responded with the militarized policing of non-violent public demonstrations, revealing not merely a disregard for public safety, but far worse, a concerted dismantling of protestors’ First Amendment rights. Nevertheless, BLM protests have persisted. Accordingly, this Essay considers the implications of this generation’s acclamation of Black humanity amidst the social tensions exposed during the …
Fair Use In Sayre V. Moore: A Reply To Oracle, Ned Snow
Fair Use In Sayre V. Moore: A Reply To Oracle, Ned Snow
Faculty Publications
The Supreme Court is now considering the case of Google LLC v. Oracle America, Inc. Oracle has argued that Google infringed its copyright in computer software, but a jury found that Google’s use was not infringing under the fair use doctrine. The Federal Circuit reversed the jury verdict under a de novo standard of review. I have argued that this reversal violates the Seventh Amendment.
Seventh Amendment rights depend on whether an issue would have been decided by a jury in English law courts during the late 1700s. My argument is that in the 1785 English case of Sayre v. …
Attorney's Fees In Judicial Proceedings Involving Trusts, Estates, And Protected Persons: When Is An Award Just An Equitable?, Daniel F. Blanchard Iii
Attorney's Fees In Judicial Proceedings Involving Trusts, Estates, And Protected Persons: When Is An Award Just An Equitable?, Daniel F. Blanchard Iii
South Carolina Law Review
No abstract provided.
Tax Practice Gets A Mary Kay Makeover: The Tale Of Peterson And The Danielson Rule, Joy Sabino Mullane
Tax Practice Gets A Mary Kay Makeover: The Tale Of Peterson And The Danielson Rule, Joy Sabino Mullane
South Carolina Law Review
No abstract provided.
Democratizing The Fourth Sector: B Corps And Beneficiary Participation, Joseph Pileri
Democratizing The Fourth Sector: B Corps And Beneficiary Participation, Joseph Pileri
South Carolina Law Review
No abstract provided.
The Elitification Of The U.S. Supreme Court And Appellate Lawyering, H. W. Perry Jr.
The Elitification Of The U.S. Supreme Court And Appellate Lawyering, H. W. Perry Jr.
South Carolina Law Review
No abstract provided.
Immoral Trademarks After Brunetti, Ned Snow
Immoral Trademarks After Brunetti, Ned Snow
Faculty Publications
For more than a century, marks that were vulgar, profane, and obscene could not receive trademark protection. In 2019, however, the Supreme Court in Iancu v. Brunetti invalidated the statutory provision that had prevented such marks from receiving protection—the bars to “immoral” and “scandalous” marks. Those bars violated the First Amendment because they enabled the government to judge whether ideas in marks were inappropriate. Similarly, two years prior to Brunetti, the Court in Matal v. Tam struck down a bar to marks that could “disparage” others. The Court reasoned that to disparage is to offend, and the ability to offend …
The Fourth Amendment At Home, Thomas P. Crocker
The Fourth Amendment At Home, Thomas P. Crocker
Faculty Publications
A refuge, a domain of personal privacy, and the seat of familial life, the home holds a special place in Fourth Amendment jurisprudence. Supreme Court opinions are replete with statements affirming the special status of the home. Fourth Amendment text places special emphasis on securing protections for the home in addition to persons, papers, and effects against unwarranted government intrusion. Beyond the Fourth Amendment, the home has a unique place within constitutional structure. The home receives privacy protections in addition to sheltering other constitutional values protected by the Due Process Clause and the First Amendment. For example, under the Due …
Board Of Editors And Law School Faculty
Board Of Editors And Law School Faculty
South Carolina Law Review
No abstract provided.
Faint-Hearted Federalism: The Role Of State Autonomy In Conservative Constitutional Jurisprudence, Earl M. Maltz
Faint-Hearted Federalism: The Role Of State Autonomy In Conservative Constitutional Jurisprudence, Earl M. Maltz
South Carolina Law Review
No abstract provided.
The Title Ix Paradox, Emily Suski
The Title Ix Paradox, Emily Suski
Faculty Publications
When Christine Blasey Ford explained to the Senate Judiciary Committee why she had not reported her sexual assault at age fifteen, she captured the struggle of many children who must decide whether to make such reports: “For a very long time, I was too afraid and ashamed to tell anyone the details.” Thousands of sexual assaults happen to children in school each year. Title IX, a potentially powerful civil rights law, should protect them. Title IX’s main purpose is to protect individuals from sex discrimination, including in the form of sexual harassment and assault, in public schools. Yet Title IX …
Workplace Law, Social Neuroscience, And The Right To Be Different, Joseph Seiner
Workplace Law, Social Neuroscience, And The Right To Be Different, Joseph Seiner
Faculty Publications
No abstract provided.
Bar Bytes: Fastcase As A Supplement To Westlaw, Eve Ross
Bar Bytes: Fastcase As A Supplement To Westlaw, Eve Ross
Faculty Publications
No abstract provided.
Board Of Editors And Law School Faculty
Board Of Editors And Law School Faculty
South Carolina Law Review
No abstract provided.
Green Bay Without The Packers: Effects Of Rural Hospital Closures And Approaches To Providing Healthcare To Rural South Carolinians, Kristen A. Soucy
Green Bay Without The Packers: Effects Of Rural Hospital Closures And Approaches To Providing Healthcare To Rural South Carolinians, Kristen A. Soucy
South Carolina Law Review
No abstract provided.
Tying The "Not": The South Carolina Supreme Court's Prospective Abolishment Of Common Law Marriage, Morgan E. Spires
Tying The "Not": The South Carolina Supreme Court's Prospective Abolishment Of Common Law Marriage, Morgan E. Spires
South Carolina Law Review
No abstract provided.
Paradise Lost?: A New Legal Theory To Combat Climate Change In South Carolina, Anna C. Parham
Paradise Lost?: A New Legal Theory To Combat Climate Change In South Carolina, Anna C. Parham
South Carolina Law Review
No abstract provided.
Adjudicating "Arbitrability" In The Fourth Circuit, Hossein Fazilatfar
Adjudicating "Arbitrability" In The Fourth Circuit, Hossein Fazilatfar
South Carolina Law Review
No abstract provided.
The Impact Of Parental Marijuana Use In Department Of Social Services Child Abuse And Neglect Cases, Hugh Michael Gallagher Iv
The Impact Of Parental Marijuana Use In Department Of Social Services Child Abuse And Neglect Cases, Hugh Michael Gallagher Iv
South Carolina Law Review
No abstract provided.
South Of Eden: Paying Coal Ash Cleanup Costs In South Carolina, Jalen Brooks-Knepfle
South Of Eden: Paying Coal Ash Cleanup Costs In South Carolina, Jalen Brooks-Knepfle
South Carolina Law Review
No abstract provided.
Are You In Good Hands: South Carolina's New Data Security Act And Whether It Does Enough To Protect Insurance Consumers, Zachary B. Randolph
Are You In Good Hands: South Carolina's New Data Security Act And Whether It Does Enough To Protect Insurance Consumers, Zachary B. Randolph
South Carolina Law Review
No abstract provided.
Airline Deregulation In The Fourth Circuit, Timothy M. Ravich
Airline Deregulation In The Fourth Circuit, Timothy M. Ravich
South Carolina Law Review
No abstract provided.
Bans On Bans: Plastic Bags, Power, And Home Rule In South Carolina, Madison Guyton
Bans On Bans: Plastic Bags, Power, And Home Rule In South Carolina, Madison Guyton
South Carolina Law Review
No abstract provided.
Help! I'Ve Fallen And I Can't Get A Guardian: Rethinking South Carolina's Need For A Public Guardianship Program, Emery T. Sloan
Help! I'Ve Fallen And I Can't Get A Guardian: Rethinking South Carolina's Need For A Public Guardianship Program, Emery T. Sloan
South Carolina Law Review
No abstract provided.
Manning V. Caldwell - A Harbinger?, Daniel S. Harawa
Manning V. Caldwell - A Harbinger?, Daniel S. Harawa
South Carolina Law Review
No abstract provided.
Justice For All? An In-Depth Look At Sexual Assault Kit Testing In The Carolinas, Jessalynn C. King
Justice For All? An In-Depth Look At Sexual Assault Kit Testing In The Carolinas, Jessalynn C. King
Senior Theses
Within the last few decades, technological advancements and an improved understanding of biological materials have led to an increase in evidence that can be submitted for forensic testing in criminal justice investigations. In a sexual assault investigation, a sexual assault kit (SAK) is often collected and contains the evidence found on the victim’s or suspect’s person. While the true total is unknown, it is estimated that several hundred thousand untested SAKs remain in the custody of law enforcement and forensic crime laboratories across the United States. Whether these SAKs were neglected due to law enforcement bias, the prioritization of other …