Law Commons^™

The Case Of The Retired Justice: How Would Justice John Paul Stevens Have Voted In J. Mcintyre Machinery, Ltd. V. Nicastro, Rodger Daniel Citron

South Carolina Law Review

No abstract provided.

Goodyear And Nicastro: Observations From A Transnational And Comparative Perspective, Linda J. Silberman

South Carolina Law Review

No abstract provided.

Six Questions In Light Of J. Mcintyre Machinery, Ltd. V. Nicastro, John Vail

South Carolina Law Review

No abstract provided.

The (Theoretical) Future Of Personal Jurisdiction: Issues Left Open By Goodyear Dunlop Tires V. Brown And J. Mcintyre Machinery V. Nicastro, Roberta Brilmayer, Matthew Smith

South Carolina Law Review

No abstract provided.

Goodyear, Home, And The Uncertain Future Of Doing Business Jurisdiction, Meir Feder

South Carolina Law Review

No abstract provided.

Sayonara To Fair Play And Substantial Justice, Howard B. Stravitz

South Carolina Law Review

No abstract provided.

Symposium Agenda Friday, October 14, 2011

South Carolina Law Review

No abstract provided.

Middle Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black

Faculty Publications

Concentrated poverty in public schools continues to be a leading determinate of the educational opportunities that minority students receive. Since the effective end of mandatory desegregation, advocates have lacked legal tools to address it. As an alternative, some advocates and scholars have attempted to incorporate the concerns of concentrated poverty and racial segregation into educational litigation under state constitutions, but these efforts have been slow to take hold. Thus, all that has remained for students in poor and minority schools is the hope that school finance litigation could direct sufficient resources to mitigate their plight. This Article offers another solution. …

Securing Civil Protection Orders For Teens When Laws Ignore Teens, Lisa V. Martin

Faculty Publications

Despite the pervasiveness of violence in teen relationships, civil protection order statutes largely ignore teens. The accessibility of protection orders for teens depends primarily on the scope of their rights to standing and legal capacity to pursue claims for protection. Because states largely fail to detail expressly the circumstances under which teens are accorded standing to seek protection orders and legal capacity to represent their own interests in related court proceedings, the accessibility of protection orders for teens in most states remains in flux.

This article explores legal principles and policy arguments that support the extension of standing and legal …

“Done In Convention”: The Attestation Clause And The Declaration Of Independence, Jesse M. Cross

Faculty Publications

No abstract provided.

Securing Land Tenure & Agricultural Development In The Guinea Savannah: A Ghanaian Case Study, Michael S. Talbot

South Carolina Journal of International Law and Business

No abstract provided.

Banking On Allowances: The Epa's Mixed Record In Managing Emissions-Market Transitions, Nathan D. Richardson, Arthur G. Fraas

Faculty Publications

No abstract provided.

Punitive Damages, Due Process, And Employment Discrimination, Joseph Seiner

Faculty Publications

The Supreme Court has failed to provide any substantive guidance on when punitive damages are appropriate in employment discrimination cases since it issued its seminal decision in Kolstad v. American Dental Ass'n over twelve years ago. The Court has recently expanded its punitive damages jurisprudence in the high-profile decisions of Philip Morris USA v. Williams and Exxon Shipping Co. v. Baker. While these cases dramatically altered the way exemplary relief is analyzed in civil cases, the extent to which these decisions apply in the workplace context remains unclear. Surprisingly, there has been almost no academic literature to date explaining how …

Separation, Deportation, Termination, Marcia A. Yablon-Zug

Faculty Publications

There is a growing practice of separating immigrant children from their deportable parents. Parental fitness is no longer the standard with regard to undocumented immigrant parents. Increasingly, fit undocumented parents must convince courts and welfare agencies that continuing or resuming parental custody is in their child’s best interest. This requirement is unique to immigrant parents and can have a disastrous impact on their ability to retain custody of their children. Best interest decisions are highly subjective and courts and agencies increasingly base their custody determinations on subjective criteria such as negative perceptions regarding undocumented immigrants and their countries of origin, …

The Full Story Of U.S. V. Smith, America’S Most Important Piracy Case, Joel H. Samuels

Faculty Publications

No abstract provided.

Whose Ethics? The Benchmark Problem In Legal Ethics Research, Elizabeth Chambliss

Faculty Publications

How should we interpret differences between junior and senior lawyers’ perceptions of ethicality in the workplace? One theory holds that junior lawyers are more reliable informants; that their perceptions are not yet corrupted by self-interest and the demands of practice and therefore will tend to be closer to universal or ordinary morality. This is the predominant theory in the academic literature on large law firms, which tends to portray large law firms as being in perpetual moral decline. To some extent, this corruption narrative informs all critical legal ethics research.

An alternative theory holds that junior lawyers are inexperienced and/or …

Silencing Students' Cell Phones Beyond The Schoolhouse Gate: Do Public Schools' Cell Phone Confiscation And Retention Policies Violate Parents' Due Process Rights, Nicole Thieneman Maddox

The Journal of Law and Education

No abstract provided.

Drinking And Driving School Buses: Zero Alcohol Tolerance For Public School Bus Drivers, Nancy Vinsel

The Journal of Law and Education

No abstract provided.

What Color Is Special Education, Sarah E. Redfield, Theresa Kraft

The Journal of Law and Education

No abstract provided.

Lower Federal Courts And State Courts Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Plausibility And Disparate Impact, Joseph Seiner

Faculty Publications

In Twombly v. Bell Atlantic Corp., 550 U.S. 644 (2007), and Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009), the Supreme Court introduced a new plausibility pleading standard, abrogating well-established precedent. Under this standard, a plaintiff must now allege enough facts in the complaint to state a plausible claim to relief. Twombly and Iqbal transformed civil procedure law, and both the courts and litigants have struggled with its meaning. One area that has been dramatically affected by these recent decisions is the field of workplace discrimination.

There are two types of employment discrimination claims – intentional (or disparate treatment) and …

A Case Study In The Superiority Of The Purposive Approach To Statutory Interpretation: Bruesewitz V. Wyeth, Donald G. Gifford, William L. Reynolds, Andrew M. Murad

South Carolina Law Review

No abstract provided.

Index Funds And Securities Fraud Litigation, Richard A. Booth

South Carolina Law Review

No abstract provided.

Coming To Terms With The Uniform Probate Code's Reformation Of Wills, Wayne M. Gazur

South Carolina Law Review

No abstract provided.

Redress For A No-Win Situation: Using Liquidated Damages In Comparable Coaches' Contracts To Assess A School's Economic Damage From The Loss Of A Successful Coach, Richard T. Karcher

South Carolina Law Review

No abstract provided.

Order Of The Coif Program, May 4, 2012, 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 Hooding Ceremony Program, December 15, 2012, University Of South Carolina School Of Law

Commencement and Hooding Programs

No abstract provided.

University Of South Carolina School Of Law Commencement Program, May 4, 2012, University Of South Carolina School Of Law

Commencement and Hooding Programs

No abstract provided.

Reproducing Value: How Tax Law Differentially Values Fertility, Sexuality & Marriage, Tessa R. Davis

Faculty Publications

Section 213 of the Internal Revenue Code permits a deduction for an individual’s fertility expenses, but it does not do so evenhandedly. This paper focuses on the current discriminatory effects of §213 doctrine as it is applied to the deductibility of fertility treatments for single persons and/or homosexual couples, as compared to heterosexual, married couples. Traditional economic analysis of the Code fails to explain such discrimination, thus a new approach is required. Utilizing tools from anthropological theory, this paper recognizes and analyzes our tax code (and specifically §213) as a cultural artifact and therein challenges the presumed objectivity of our …

Middle-Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black

Faculty Publications

Concentrated poverty in public schools continues to be a leading determinate of the educational opportunities that minority students receive. Since the effective end of mandatory desegregation, advocates have lacked legal tools to address it. As an alternative, some advocates and scholars have attempted to incorporate the concerns of concentrated poverty and racial segregation into educational litigation under state constitutions, but these efforts have been slow to take hold. Thus, all that has remained for students in poor and minority schools is the hope that school finance litigation could direct sufficient resources to mitigate their plight. This Article offers another solution. …