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Articles 1351 - 1380 of 7597

Full-Text Articles in Law

Table Of Contents Apr 2014

Table Of Contents

The Journal of Law and Education

No abstract provided.


Gay Talk: Protecting Free Speech For Public School Teachers, Stephen Elkind, Peter Kauffman Apr 2014

Gay Talk: Protecting Free Speech For Public School Teachers, Stephen Elkind, Peter Kauffman

The Journal of Law and Education

No abstract provided.


Scientifically Supported Identification Of Sld Using Rti: A Response To Colker, Amanda M. Vanderheyden, Joseph F. Kovaleski, Edward S. Shapiro, David T. Painter Apr 2014

Scientifically Supported Identification Of Sld Using Rti: A Response To Colker, Amanda M. Vanderheyden, Joseph F. Kovaleski, Edward S. Shapiro, David T. Painter

The Journal of Law and Education

No abstract provided.


Recent Decisions - Supreme Court Decisions Apr 2014

Recent Decisions - Supreme Court Decisions

The Journal of Law and Education

No abstract provided.


Commentary - Elementary And Secondary Education Apr 2014

Commentary - Elementary And Secondary Education

The Journal of Law and Education

No abstract provided.


Unequal Protection Under The Law: Why Fda Should Use Negotiated Rulemaking To Reform The Regulation Of Generic Drugs, Marie C. Boyd Apr 2014

Unequal Protection Under The Law: Why Fda Should Use Negotiated Rulemaking To Reform The Regulation Of Generic Drugs, Marie C. Boyd

Faculty Publications

The duty to ensure the safety of drug products, through adequate warnings or other means, should ultimately rest with the drug's manufacturer regardless of whether the drug is a generic drug or a brand-name drug. Recent U.S. Supreme Court holdings, however, suggest that while the manufacturer of a brand-name drug is always responsible for its label's content, this is not the case for generic drugs. In addition, by holding that failure-to-warn claims against generic drug manufacturers based on state law are preempted, the Court has removed the protections and compensation that state tort law can provide consumers of generic drugs …


On Task - Expanding The Boundaries Of Legal Education, Vordman Carlisle Traywick Iii Apr 2014

On Task - Expanding The Boundaries Of Legal Education, Vordman Carlisle Traywick Iii

South Carolina Law Review

No abstract provided.


Appendix - South Carolina Law Review 2014 Symposium Apr 2014

Appendix - South Carolina Law Review 2014 Symposium

South Carolina Law Review

No abstract provided.


Law School Training For Licensed Legal Technicians - Implications For The Consumer Market, Elizabeth S. Chambliss Apr 2014

Law School Training For Licensed Legal Technicians - Implications For The Consumer Market, Elizabeth S. Chambliss

South Carolina Law Review

No abstract provided.


Opening Remarks For The Keynote Address, William C. Hubbard Apr 2014

Opening Remarks For The Keynote Address, William C. Hubbard

South Carolina Law Review

No abstract provided.


The Value Of Life: Constitutional Limits On Citizens’ Use Of Deadly Force, F. Patrick Hubbard Apr 2014

The Value Of Life: Constitutional Limits On Citizens’ Use Of Deadly Force, F. Patrick Hubbard

Faculty Publications

This Article argues that most states have unconstitutionally overbroad authorizations for citizens to use deadly force in the context of crime prevention, citizen’s arrest, and defense of one’s “castle.” Similarly, some authorizations of deadly force for self-defense in public areas may be unconstitutional. The starting points of this argument are the fundamental value of life, the state’s monopoly of deadly force, and the fundamental constitutional right to life. Because of the state’s monopoly of deadly force, any use of such force is either legitimate or proscribed. The lack of a third category of “private” use of deadly force affects constitutional …


The Real Impact Of Adoptive Couple V. Baby Girl: The Existing Indian Family Doctrine Is Not Affirmed But The Future Of Icwa's Placement Preferences Is Jeopardized, Marcia A. Yablon-Zug Apr 2014

The Real Impact Of Adoptive Couple V. Baby Girl: The Existing Indian Family Doctrine Is Not Affirmed But The Future Of Icwa's Placement Preferences Is Jeopardized, Marcia A. Yablon-Zug

Faculty Publications

On July 3, 2013, Dusten Brown and his wife Robin, and Brown’s parents, Tommy and Alice Brown, both filed actions to adopt "Baby Veronica", the four-year-old girl at the heart of the U.S. Supreme Court’s recent decision in Adoptive Couple v. Baby Girl. The Browns’ adoption petitions were based on the assumption that the Baby Girl Court did not affirm "The Existing Indian Family Doctrine," a doctrine which limits application of The Indian Child Welfare Act (ICWA) solely to children previously in the care or custody of an Indian relative. The Browns believed ICWA’s placement preferences, which give preference to …


Legal Issues Concerning The Eu Unilateral Aviation Ets: A Chinese Perspective, Wenqiong Liang, Liying Zhang Jan 2014

Legal Issues Concerning The Eu Unilateral Aviation Ets: A Chinese Perspective, Wenqiong Liang, Liying Zhang

South Carolina Journal of International Law and Business

Since January 2012, carbon emissions from international aviation have been formally included in the European Union Emission Trading Scheme (EU ETS). Airlines from outside the EU have struggled to find an escape from this arguably unfair decision. China, the United States, Russia, India, and representatives from nineteen other countries signed the Moscow Joint Declaration in February of 2012 to demonstrate opposition to the EU’s unilaterally enacted aviation carbon tax. Originally, the EU had no intention of canceling or suspending its plan to tax the aviation industry’s carbon emissions; however, after international pressure from a number of opposing countries and airlines, …


Balintulo V. Daimler Ag, 727 F.3d 174 (2013). Second Circuit Closes The Door For Victims Of International Rights Violations, Emily M. Nellermoe Jan 2014

Balintulo V. Daimler Ag, 727 F.3d 174 (2013). Second Circuit Closes The Door For Victims Of International Rights Violations, Emily M. Nellermoe

South Carolina Journal of International Law and Business

No abstract provided.


Fisher V. Texas And The Irrelevance Of Function In Race Cases, Derek W. Black Jan 2014

Fisher V. Texas And The Irrelevance Of Function In Race Cases, Derek W. Black

Faculty Publications

This symposium paper analyzes Fisher v. Texas in the context of the Supreme Court's overall race jurisprudence, demonstrating that the Court's decisions are driven by the form that considerations of race take rather than how those considerations actually operate. The University of Texas admissions plan, when compared to the admissions plan approved at the University of Michigan Law School in Grutter v. Bollinger, is very narrowly tailored. The University of Texas considered race in a smaller portion of admissions decisions and in a more limited way, even when race was considered. The Supreme Court, however, expressed serious skepticism of the …


Managing The Risks Of Shale Gas Development Using Innovative Legal And Regulatory Approaches, Nathan D. Richardson, Sheila Olmstead Jan 2014

Managing The Risks Of Shale Gas Development Using Innovative Legal And Regulatory Approaches, Nathan D. Richardson, Sheila Olmstead

Faculty Publications

Booming production of oil and gas from shale, enabled by hydraulic fracturing technology, has led to tension between hoped-for economic benefits and feared environmental and other costs, with great associated controversy. Study of how policy can best react to these challenges and how it can balance risk and reward has focused on prescriptive regulatory responses and, to a somewhat lesser extent, voluntary industry best practices. While there is undoubtedly room for improved regulation, innovative tools are relatively understudied. The liability system predates environmental regulation yet still plays an important — and in some senses predominant — role. Changes to that …


Reading Between The Blurred Lines Of Fisher V. University Of Texas, Eboni S. Nelson Jan 2014

Reading Between The Blurred Lines Of Fisher V. University Of Texas, Eboni S. Nelson

Faculty Publications

After more than eight months of anticipation and speculation, the Supreme Court finally issued its opinion in Fisher v. University of Texas at Austin. Contrary to fears held by some and hopes held by others, the Court did not use the case as an opportunity to overrule Grutter v. Bollinger, thereby prohibiting the consideration of race in higher education admissions decisions. Instead, the Court vacated the Fifth Circuit’s decision upholding the University of Texas’ (“UT” or “University”) race-based admissions policy and remanded the case “for further proceedings consistent with [the] opinion.”

At first glance, the majority opinion authored by Justice …


The Contractual Foundation Of Family-Business Law, Benjamin Means Jan 2014

The Contractual Foundation Of Family-Business Law, Benjamin Means

Faculty Publications

Most U.S. businesses are family owned, and yet the law governing business organizations does not account adequately for family relationships. Nor have legal scholars paid sufficient attention to family businesses. Instead, legal scholars operate within a contractarian model of business organization law, which holds that a firm is comprised of a nexus of contracts among economically rational actors. Intimate relationships appear irrelevant except insofar as they affect contractual choices. Indeed, strictly speaking, there is no such thing as family-business law.

This Article lays the foundation for a law of family business by expanding the contractarian model: a firm includes not …


The Social Medium: Why The Authenticantion Bar Should Be Raised For Social Media Evidence, Colin Miller Jan 2014

The Social Medium: Why The Authenticantion Bar Should Be Raised For Social Media Evidence, Colin Miller

Faculty Publications

No abstract provided.


Comparing The Clean Air Act And A Carbon Price, Nathan D. Richardson, Arthur Fraas Jan 2014

Comparing The Clean Air Act And A Carbon Price, Nathan D. Richardson, Arthur Fraas

Faculty Publications

Over the last half-decade, a variety of federal legislative proposals for limiting greenhouse gas (GHG) emissions have been put forward, most of which would set a price on carbon. As of early 2013, the one politically plausible policy appears to be a carbon tax, passed as part of a larger fiscal reform package. Meanwhile, the U.S. Environmental Protection Agency has begun regulating GHG emissions from a variety of sources using its authority under the Clean Air Act. It may be necessary to choose between these two policies, however. The Waxman-Markey cap-and-trade bill that failed in 2009 would have preempted much …


Dark Sarcasm In The Classroom: The Failure Of The Courts To Recognize Students' Severe Emotional Harm As Unconstitutional, Emily Suski Jan 2014

Dark Sarcasm In The Classroom: The Failure Of The Courts To Recognize Students' Severe Emotional Harm As Unconstitutional, Emily Suski

Faculty Publications

Sometimes the very people who are supposed to teach, nurture, and protect students in public schools — the students’ teachers, principals, coaches, and other school officials — are instead the people who harm them. Public school officials have beaten students, causing significant physical harm. They have also left students suffering from depression, suicidal ideation, and Post-Traumatic Stress Disorder. When school officials cause such severe harm to students, all the federal courts of appeals to consider the issue have concluded that the Fourteenth Amendment at least in theory protects them, regardless of whether the form of the harm is emotional or …


Contents May Have Shifted: Disentangling The Best Evidence Rule From The Rule Against Hearsay, Colin Miller Jan 2014

Contents May Have Shifted: Disentangling The Best Evidence Rule From The Rule Against Hearsay, Colin Miller

Faculty Publications

Vince brings a battery action against Dan based upon an encounter between the two men. Dan claims that he was acting in self-defense and wants to testify that Ed sent him the following text message minutes before the encounter: “Vince is coming to see you to collect on that drug debt that you owe him.” Dan could argue that he is offering the statement not to prove the truth of the matter asserted but to prove its “effect on the listener,” making it nonhearsay Specifically, Dan could claim that he is offering the statement to prove that, regardless of whether …


National “Harmony”: An Inter-Branch Constitutional Principle And Its Application To Diversity Jurisdiction, Jesse M. Cross Jan 2014

National “Harmony”: An Inter-Branch Constitutional Principle And Its Application To Diversity Jurisdiction, Jesse M. Cross

Faculty Publications

Most constitutional interpretation continues, in the words of John Hart Ely, to be "clause-bound" in nature: it presumes that each constitutional clause can be studied in isolation from each other clause. As a result of this shortsighted methodology, constitutional scholars have overlooked a single organizing metaphor that was used at the Constitutional Convention to shape a host of constitutional clauses scattered across Articles I and III: the metaphor of national "harmony." Within the rhetoric of Enlightenment science, the term "harmony" was used in the Founding era to identify those forces that extended between the independent parts of a larger system …


Table Of Contents Jan 2014

Table Of Contents

South Carolina Law Review

No abstract provided.


The Contracting/Producing Ambiguity And The Collapse Of The Means/Ends Distinction In Employment, Julia Tomassetti Jan 2014

The Contracting/Producing Ambiguity And The Collapse Of The Means/Ends Distinction In Employment, Julia Tomassetti

South Carolina Law Review

No abstract provided.


Fact And Fiction In Constitutional Criminal Procedure, Kathryne M. Young, Christin L. Munsch Jan 2014

Fact And Fiction In Constitutional Criminal Procedure, Kathryne M. Young, Christin L. Munsch

South Carolina Law Review

No abstract provided.


From Bards To Search Engines: Finding What Readers Want From Ancient Times To The World Wide Web, Stephen M. Maurer Jan 2014

From Bards To Search Engines: Finding What Readers Want From Ancient Times To The World Wide Web, Stephen M. Maurer

South Carolina Law Review

No abstract provided.


Questioning The U.S. Supreme Court's Legalistic Qualified Immunity Approach And Suggestions For A Better Approach Essay, Robert Weems Jan 2014

Questioning The U.S. Supreme Court's Legalistic Qualified Immunity Approach And Suggestions For A Better Approach Essay, Robert Weems

South Carolina Law Review

No abstract provided.


Order Of The Coif Program, May 9, 2014, University Of South Carolina School Of Law Order Of The Coif Jan 2014

Order Of The Coif Program, May 9, 2014, University Of South Carolina School Of Law Order Of The Coif

Order of the Coif Programs and Documents

No abstract provided.


University Of South Carolina School Of Law Graduation Brunch Program, December 13, 2014, University Of South Carolina School Of Law Jan 2014

University Of South Carolina School Of Law Graduation Brunch Program, December 13, 2014, University Of South Carolina School Of Law

Commencement and Hooding Programs

No abstract provided.