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Articles 1351 - 1380 of 7597
Full-Text Articles in Law
Gay Talk: Protecting Free Speech For Public School Teachers, Stephen Elkind, Peter Kauffman
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
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
Recent Decisions - Supreme Court Decisions
The Journal of Law and Education
No abstract provided.
Commentary - Elementary And Secondary Education
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 …
The Contracting/Producing Ambiguity And The Collapse Of The Means/Ends Distinction In Employment, Julia Tomassetti
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
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
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
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
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
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.