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Articles 1501 - 1530 of 7597
Full-Text Articles in Law
School Of Law Catalog, 2013, University Of South Carolina School Of Law
School Of Law Catalog, 2013, University Of South Carolina School Of Law
Law School Announcements, Bulletins, & Catalogs
2013 School of Law Catalog, 2013
Shootout At The Ecj Corral: Management 4, Labor 0; European Labor Dispute Law After Viking Line, Carol D. Rasnic
Shootout At The Ecj Corral: Management 4, Labor 0; European Labor Dispute Law After Viking Line, Carol D. Rasnic
South Carolina Journal of International Law and Business
No abstract provided.
Table Of Contents - Issue 1
South Carolina Journal of International Law and Business
No abstract provided.
Editorial Board
South Carolina Journal of International Law and Business
No abstract provided.
Labor Rights Are Human Rights: Direct Action Is Critical In Supply Chains And Trade Policy, Marisa Ann Pagnattaro
Labor Rights Are Human Rights: Direct Action Is Critical In Supply Chains And Trade Policy, Marisa Ann Pagnattaro
South Carolina Journal of International Law and Business
No abstract provided.
A Bridge To The Practicing Bar Of Foreign Nations: Online American Legal Studies Programs As Forums For The Rule Of Law And As Pipelines To Bar-Qualifying L.L.M. Programs In The U.S., Jeffrey A. Van Detta
A Bridge To The Practicing Bar Of Foreign Nations: Online American Legal Studies Programs As Forums For The Rule Of Law And As Pipelines To Bar-Qualifying L.L.M. Programs In The U.S., Jeffrey A. Van Detta
South Carolina Journal of International Law and Business
No abstract provided.
The Sex Selection Debate: A Comparative Study Of Sex Selection Laws In The United States And The United Kingdom, Deidre C. Webb
The Sex Selection Debate: A Comparative Study Of Sex Selection Laws In The United States And The United Kingdom, Deidre C. Webb
South Carolina Journal of International Law and Business
No abstract provided.
Al Shimari V. Caci International, Inc.: The Application Of Extraterritorial Jurisdiction In The Wake Of Kiobel, Ellen Katuska
Al Shimari V. Caci International, Inc.: The Application Of Extraterritorial Jurisdiction In The Wake Of Kiobel, Ellen Katuska
South Carolina Journal of International Law and Business
No abstract provided.
International Financial Reforms: Capital Standards, Resolution Regimes And Supervisory Colleges, And Their Effect On Emerging Markets, Duncan E. Alford
International Financial Reforms: Capital Standards, Resolution Regimes And Supervisory Colleges, And Their Effect On Emerging Markets, Duncan E. Alford
Faculty Publications
This paper focuses on the relevance to emerging economies of three major financial reforms following the global financial crisis of 2007–2009: (1) the improved capital requirements intended to reduce the risk of bank failure (“Basel III”), (2) the improved recovery and resolution regimes for global banks, and (3) the development of supervisory colleges of cross-border financial institutions to improve supervisory cooperation and convergence. The paper also addresses the implications of these regulatory reforms for Asian emerging markets.
Weathering Wal-Mart, Joseph Seiner
Weathering Wal-Mart, Joseph Seiner
Faculty Publications
In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2531 (2011), the Supreme Court held that a proposed class of over a million women that had alleged pay and promotion discrimination against the nation’s largest retailer could not be certified. According to the Court, the plaintiffs had failed to establish a common thread in the case sufficient to tie their claims together. The academic response to Wal-Mart was immediate and harsh: the decision will serve as the death knell for mass employment litigation, undermining the workplace protections provided by Title VII of the Civil Rights Act of 1964 (Title VII). …
Charter Schools, Vouchers, And The Public Good, Derek W. Black
Charter Schools, Vouchers, And The Public Good, Derek W. Black
Faculty Publications
Charter schools and vouchers have thus far been promoted or vilified based on their potential to improve academic achievement for those students enrolled in them. This debate, however, ignores a more important question: whether these educational policies serve the public good. Education as a public good cannot be reduced solely to questions of academic achievement, much less the academic achievement of a subset of students. Theoretically, charter schools and vouchers can serve the public good, but in practice, they have not. This shortcoming, however, is not necessarily due to an inherent flaw in charters or vouchers, but the failure of …
Anchors Away: Why The Anchoring Effect Suggests That Judges Should Be Able To Participate In Plea Discussions, Colin Miller
Anchors Away: Why The Anchoring Effect Suggests That Judges Should Be Able To Participate In Plea Discussions, Colin Miller
Faculty Publications
The “anchoring effect” is a cognitive bias by which people evaluate numbers by focusing on a reference point – an anchor – and adjusting up or down from that anchor. Unfortunately, people usually do not sufficiently adjust away from their anchors, so the initial choice of anchors has an inordinate effect on their final estimates. More than 90% of all criminal cases are resolved by plea bargains. In the vast majority of those cases, the prosecutor makes the initial plea offer, and prosecutors often make high initial offers. Assuming that the prosecutor’s opening offer operates as an anchor, nearly all …
The Surveillance Society And The Third-Party Privacy Problem, Shaun B. Spencer
The Surveillance Society And The Third-Party Privacy Problem, Shaun B. Spencer
South Carolina Law Review
No abstract provided.
Toward A Better Understanding Of Ripeness And Free Speech Claims, Wm. Grayson Lambert
Toward A Better Understanding Of Ripeness And Free Speech Claims, Wm. Grayson Lambert
South Carolina Law Review
No abstract provided.
Ethical Implications Of Intellectual Property In Africa, Dick Kawooya
Ethical Implications Of Intellectual Property In Africa, Dick Kawooya
Faculty Publications
No abstract provided.
Some Legal Considerations For E.U. Based Mnes Contemplating High-Risk Foreign Direct Investments In The Energy Sector After Kiobel V. Royal Dutch Petroleum And Chevron Corporation V. Naranjo, Jeffrey A. Van Detta
Some Legal Considerations For E.U. Based Mnes Contemplating High-Risk Foreign Direct Investments In The Energy Sector After Kiobel V. Royal Dutch Petroleum And Chevron Corporation V. Naranjo, Jeffrey A. Van Detta
South Carolina Journal of International Law and Business
No abstract provided.
Inside Voices: Protecting The Student-Critic In Public Schools, Josie F. Brown
Inside Voices: Protecting The Student-Critic In Public Schools, Josie F. Brown
Faculty Publications
First Amendment doctrine acknowledges the constructive potential of citizens’ criticism of public officials and governmental policies by offering such speech vigilant protection. However, when students speak out about perceived injustice or dysfunction in their public schools, teachers and administrators too often react by squelching and even punishing student-critics. To counteract school officials’ reflexively repressive responses to student protest and petition activities, this Article explains why the faithful performance of public schools’ responsibility to prepare students for constitutional citizenship demands the adoption of a more receptive and respectful attitude toward student dissent. After documenting how both educators and courts have mistakenly …
Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black
Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black
Faculty Publications
Two major structural shifts have occurred in education reform in the past two decades: the decline of civil rights reforms and the rise of charter schools. Courts and policy makers have relegated traditional civil rights reforms that address segregation, poverty, disability, and language barriers to near irrelevance, while charter schools and policies supporting their creation and expansion have rapidly increased and now dominate federal policy. Advocates of traditional civil rights reforms interpret the success of charter schools as a threat to their cause, and, consequently, have fought the expansion of charter schools. This Article argues that the civil rights community …
Beyond Law Enforcement: Camreta V. Greene, Child Protection Investigations, And The Need To Reform The Fourth Amendment Special Needs Doctrine, Josh Gupta-Kagan
Beyond Law Enforcement: Camreta V. Greene, Child Protection Investigations, And The Need To Reform The Fourth Amendment Special Needs Doctrine, Josh Gupta-Kagan
Faculty Publications
The Fourth Amendment “special needs” doctrine distinguishes between searches and seizures that serve the “normal need for law enforcement” and those that serve some other “special need,” excusing non-law enforcement searches and seizures from the warrant and probable cause requirements. The Supreme Court has never justified drawing this bright line exclusively around law enforcement searches and seizures but not those that threaten important non-criminal constitutional rights.
Child protection investigations illustrate the problem: Millions of times each year, state child protection authorities search families’ homes, and seize children for interviews about alleged maltreatment. Only a minority of these investigations involve an …
Ferc Order 1000 As A New Tool For Promoting Energy Efficiency And Demand Response, Shelley Welton, Michael Gerrard
Ferc Order 1000 As A New Tool For Promoting Energy Efficiency And Demand Response, Shelley Welton, Michael Gerrard
Faculty Publications
In July 2011, the Federal Energy Regulatory Commission (FERC) issued Order No. 1000, the latest in a series of orders directed at improving federal transmission access, planning, and coordination. Order 1000 requires, for the first time, that electricity transmission providers engage in regionwide transmission planning, and further mandates that such planning consider how federal and state public policies affect transmission needs. Public utility transmission providers are now in the process of amending their operating tariffs to comply with this new order. It is therefore an important time for all those with an interest in the future of the electric grid …
Bullshit!: Why The Retroactive Application Of Federal Rules Of Evidence 413-414 And State Counterparts Violates The Ex Post Facto Clause, Colin Miller
Faculty Publications
In Calder v. Bull, the Supreme Court recognized four types of laws that cannot be applied retroactively consistent with the Ex Post Facto Clause, including “[e]very law that alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offence, in order to convict the offender.” But, in its opinion in Carmell v. Texas, the Court determined that ordinary rules of evidence do not violate the Clause because they (1) are “evenhanded, in the sense that they may benefit either the State or the defendant in a …
Lonely Colonist Seeks Wife: The Forgotten History Of America’S First Mail Order Brides, Marcia A. Yablon-Zug
Lonely Colonist Seeks Wife: The Forgotten History Of America’S First Mail Order Brides, Marcia A. Yablon-Zug
Faculty Publications
No abstract provided.
Sarbanes-Oxley's Whistleblower Provisions: Ten Years Later, Richard Moberly
Sarbanes-Oxley's Whistleblower Provisions: Ten Years Later, Richard Moberly
South Carolina Law Review
No abstract provided.
Testing The Reach Of Ucc Article 9: The Question Of Tax Credit Collateral In Secured Transactions, Christopher K. Odinet
Testing The Reach Of Ucc Article 9: The Question Of Tax Credit Collateral In Secured Transactions, Christopher K. Odinet
South Carolina Law Review
No abstract provided.
The Ninety-Five Theses: Systemic Reforms Of American Legal Education And Licensure, Brent E. Newton
The Ninety-Five Theses: Systemic Reforms Of American Legal Education And Licensure, Brent E. Newton
South Carolina Law Review
No abstract provided.
Complex And Murky Spatial Planning, Josh Eagle
Complex And Murky Spatial Planning, Josh Eagle
Faculty Publications
No abstract provided.
Is Vouchering The Way To Vouch For Special Education, Perry A. Zirkel
Is Vouchering The Way To Vouch For Special Education, Perry A. Zirkel
The Journal of Law and Education
No abstract provided.