Law Commons^™

A Distaste For War At Walden Pond: Thoreau's The Bean-Field, Theories Of Personal Property, And The Mexican-American War, Jesse M. Cross

Faculty Publications

Upon the tenth anniversary of their graduation from Harvard University, the members of the Harvard class of 1837 were sent a survey asking them to state, among other things, their current occupation. One member of this class, Henry David Thoreau, undoubtedly encountered this request while in a peculiar frame of mind. Thoreau responded to the survey on September 30, 1847, less than four weeks after he had left the small home he had occupied for two years at Walden Pond. Once again a "sojourner in civilized life," as he would put it in Walden, Thoreau responded to his alma mater …

Law On The Books Vs. Law In Action: Under-Enforcement Of Morocco’S Reformed 2004 Family Law, The Moudawana, Ann M. Eisenberg

Faculty Publications

Morocco shares cultural, religious, and linguistic roots with more conservative countries in the region, yet the Moroccan government has interpreted similar traditions to yield the starkly different stance that gender equality is desirable. Morocco’s Moudawana, the 2004 legislation on family law with provisions largely derived from Islamic sources, confers unprecedented rights on Moroccan women. Part I of this Note evaluates the Moudawana in light of its break with traditional Shari’a, alongside its fidelity to other Islamic law principles in giving Moroccan women unprecedented rights. While the new Moudawana has provisions addressing inheritance, children’s rights, and assets within a marriage, this …

University Of South Carolina School Of Law Commencement Program, May 6, 2011, University Of South Carolina School Of Law

Commencement and Hooding Programs

No abstract provided.

Character Or Code: What Makes A Good And Ethical Lawyer, Donald James Hermann

South Carolina Law Review

No abstract provided.

Can They Do That To Me - Does The Eighth Amendment Protect Children's Best Interests, Maryam Ahranjani University Of New Mexico

South Carolina Law Review

No abstract provided.

The Ineffective Assistance Of Counsel Era, Tom Zimpleman

South Carolina Law Review

No abstract provided.

Unprofessional Sides Of Social Media And Social Networking: How Current Standards Fall Short, Christina Parajon Skinner

South Carolina Law Review

No abstract provided.

University Of South Carolina School Of Law Hooding Ceremony Program, December 10, 2011, University Of South Carolina School Of Law

Commencement and Hooding Programs

No abstract provided.

Order Of The Coif Program, May 6, 2011, University Of South Carolina School Of Law Order Of The Coif

Order of the Coif Programs and Documents

No abstract provided.

Empirical Trends In Teacher Tort Liability For Student Fights, Diane Holben, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

Commentary - Coaches' Corner

The Journal of Law and Education

No abstract provided.

Supreme Court Law Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Giving State Tax Incentives To Corporations: How Much Is Too Much?, Kathleen E. Mcdavid

South Carolina Journal of International Law and Business

No abstract provided.

A Case For Coordinating Economic Development Planning With Energy Planning, Leighton Lord, Jeff Ruble

South Carolina Journal of International Law and Business

No abstract provided.

Searching For Equality: Equal Protection Clause Challenges To Bans On The Admission Of Undocumented Immigrant Studies To Public Universities, Danielle R. Holley-Walker

Faculty Publications

No abstract provided.

Should I Stay Or Should I Go: Why Immigrant Reunification Decisions Should Be Based On The Best Interest Of The Child, Marcia A. Yablon-Zug

Faculty Publications

No abstract provided.

Notional Generosity: Explaining Charitable Donors' High Willingness To Part With Conservation Easements, Josh Eagle

Faculty Publications

No abstract provided.

Fair Use As A Matter Of Law, Ned Snow

Faculty Publications

Courts have recently abandoned the centuries-old practice of construing fair use as an issue of fact for the jury. Fair use now stands as an issue of law for the judge. This change is threatening traditional contours of copyright law that protect fair-use speech. Courts, then, must reform their current construction of fair use by returning to its origins— fair use as a factual matter for the jury. Yet even if courts do construe fair use as a matter of fact, the question remains whether courts should ever decide fair use as a matter of law. To answer this question, …

The Settlement Of Investor State Disputes And China New Developments On Icsid Jurisdiction, Jane Y. Willems

South Carolina Journal of International Law and Business

No abstract provided.

Incentivizing Economic Development: An Empirical Examination Of The Use Of Grants And Loans, Robert T. Greenbaum, Daniele Bondonio

South Carolina Journal of International Law and Business

No abstract provided.

The Role Of The Site Selector, Andrew H. Shapiro

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.

Table Of Contents

South Carolina Law Review

No abstract provided.

Taking The Substance Out Of Substantive Due Process To The Federal And State Legislatures, Adam Lamparello

South Carolina Law Review

No abstract provided.

Good Medicine/Bad Medicine And The Law Of Evidence: Is There A Role For Proof Of Character, Propensity, Or Prior Bad Conduct In Medical Negligence Litigation, Marc D. Ginsberg

South Carolina Law Review

No abstract provided.

Economic Development Incentives And The Legal And Economic Issues Of Open Versus Sealed Bids, Sherry L. Jarrell, J. Neal Robbins, Gary L. Shoesmith, Brendan A. Fox

South Carolina Journal of International Law and Business

No abstract provided.

Canada And Investment Treaty Arbitration: Three Prominent Issues - Icsid Ratification, Constituent Subdivisions, And Health And Environmental Regulation, Barry Leon, Andrew Mcdougall, John Siwiec

South Carolina Journal of International Law and Business

No abstract provided.

A Case Study In Tanzania: Police Round-Ups And Detention Of Street Children As A Substitute For Care And Protection, Sheryl L. Buske

South Carolina Journal of International Law and Business

No abstract provided.

A Contractual Approach To Shareholder Oppression Law, Benjamin Means

Faculty Publications

According to standard law and economics, minority shareholders in closely held corporations must bargain against opportunism by controlling shareholders before investing. Put simply, you made your bed, now you must lie in it. Yet most courts offer a remedy for shareholder oppression, often premised on the notion that controlling shareholders owe fiduciary duties to the minority or must honor the minority's reasonable expectations. Thus, law and economics, the dominant mode of corporate law scholarship, appears irreconcilably opposed to minority shareholder protection, a defining feature of the existing law of close corporations.

This Article contends that a more nuanced theory of …

Cultural Norms And Race Discrimination Standards: A Case Study In How The Two Diverge, Derek W. Black

Faculty Publications

The legal standard for race discrimination - the intent standard - has been scrutinized and justified for decades, but that conversation has occurred almost entirely within the legal community. Relatively little effort has been made to engage the public. This Article posits that the discussion of discrimination standards must account for and include public understandings of race and discrimination because race is a socially constructed concept and discrimination is culturally contingent. Race discrimination standards based solely upon the legal community’s perceptions are susceptible to significant flaws. This Article begins the incorporation of public understandings of race and discrimination by examining …