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Full-Text Articles in Law

Modernizing Capacity Doctrine, Lisa V. Martin Jul 2021

Modernizing Capacity Doctrine, Lisa V. Martin

Faculty Publications

Federal capacity doctrine—or the rules establishing whether and how children’s civil litigation proceeds—has largely remained the same for more than a century. It continues to presume that all children are incapable of directing their own cases, and that adults must litigate on children’s behalf. But since that time, our understanding of children, and of adolescents in particular, has significantly evolved. This Article contends that it is well beyond time to modernize the capacity doctrine to better account for the capabilities of adolescents and support their transition to adulthood.


Rethinking The Conflicts Revolution In Personal Jurisdiction, Jesse M. Cross Jan 2020

Rethinking The Conflicts Revolution In Personal Jurisdiction, Jesse M. Cross

Faculty Publications

It is widely acknowledged that, from roughly 1940 to 1970, a revolution occurred in Conflicts of Law. Referred to as the “Conflicts revolution,” this movement remade nearly every legal test in the field. According to conventional wisdom, this revolution rejected the same idea in each instance: namely, that Conflicts tests should be grounded in a theory of sovereignty. Instead, the argument goes, it pivoted the field to pragmatic tests that focus on practicality, fairness, and convenience.

As this Article explains, this conventional wisdom is incorrect. It misunderstands the intellectual revolution that remade the field, and it has generated needless confusion …


The Issue Class, Joseph Seiner Jan 2015

The Issue Class, Joseph Seiner

Faculty Publications

In 2011, in Wal-Mart Stores, Inc. v. Dukes, the Supreme Court refused to certify a proposed class of one and a half million female workers who had alleged that the nation’s largest private employer had discriminated against them on the basis of their sex. The academic response to the case has been highly critical of the Court’s decision. This Article does not weigh in on the debate of whether the Court missed the mark. Instead, this Article addresses a more fundamental question that has gone completely unexplored: what is the best tool currently available for workers to pursue systemic employment …


A Sense Of Disentitlement: Frame-Shifting And Metaphor In Ashcroft V. Iqbal, Lisa A. Eichhorn Sep 2010

A Sense Of Disentitlement: Frame-Shifting And Metaphor In Ashcroft V. Iqbal, Lisa A. Eichhorn

Faculty Publications

No abstract provided.


Civil Procedure, Stephen R. Smoak Jul 1999

Civil Procedure, Stephen R. Smoak

South Carolina Law Review

No abstract provided.


Civil Procedure, Lisa J. Hincher Oct 1996

Civil Procedure, Lisa J. Hincher

South Carolina Law Review

No abstract provided.


Recent Decisions Jan 1970

Recent Decisions

South Carolina Law Review

No abstract provided.


Comments Jan 1968

Comments

South Carolina Law Review

No abstract provided.


Recent Decisions Jan 1968

Recent Decisions

South Carolina Law Review

No abstract provided.