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Articles 1861 - 1890 of 7597
Full-Text Articles in Law
United States V. Squirrel, Rosalyn K. Singer
United States V. Squirrel, Rosalyn K. Singer
South Carolina Law Review
No abstract provided.
Snyder V. Phelps, Sarah E. Merkle
United States V. Vankesteren, Stephen Wills Murphy
United States V. Vankesteren, Stephen Wills Murphy
South Carolina Law Review
No abstract provided.
After Unitary Status: Examining Voluntary Integration Strategies For Southern School Districts, Danielle R. Holley-Walker
After Unitary Status: Examining Voluntary Integration Strategies For Southern School Districts, Danielle R. Holley-Walker
Faculty Publications
This Article provides empirical data on student assignment plans that are currently being used by Southern school districts that have recently attained unitary status. As the facts of Parents Involved in Community Schools demonstrate, Southern school districts will likely continue to be at the forefront of the struggle over voluntary integration efforts. Many Southern school districts are being released from desegregation orders that allowed the district to use race-conscious remedies to address previous de jure racial segregation. Without those court orders, the school district is faced with a choice about whether to continue to make racial integration a priority and …
Aggravating Punitive Damages, David G. Owen
Aggravating Punitive Damages, David G. Owen
Faculty Publications
No abstract provided.
The Congressional Failure To Enforce Equal Protection Through The Elementary And Secondary Education Act, Derek W. Black
The Congressional Failure To Enforce Equal Protection Through The Elementary And Secondary Education Act, Derek W. Black
Faculty Publications
No abstract provided.
Crossing Over: Why Attorneys (And Judges) Should Not Be Able To Cross-Examine Witnesses Regarding Their Immigration Statuses For Impeachment Purposes, Colin Miller
Faculty Publications
No abstract provided.
Greenhouse Gas Regulation Under The Clean Air Act: Structure, Effects, And Implications Of A Knowable Pathway, Nathan D. Richardson, Arthur G. Fraas, Dallas Butraw
Greenhouse Gas Regulation Under The Clean Air Act: Structure, Effects, And Implications Of A Knowable Pathway, Nathan D. Richardson, Arthur G. Fraas, Dallas Butraw
Faculty Publications
It appears inevitable, absent legislative intervention, that regulation under the Clean Air Act (CAA) will move beyond mobile sources to the industrial and power facilities that emit most U.S. greenhouse gas (GHG) emissions. We analyze the mechanisms available to the EPA for regulating such sources, and identify one, New Source Performance Standards (NSPS) as the most predictable, likely, and practical, i.e. knowable, pathway. Based on the legal structure of the NSPS and the EPA’s traditional approach, we analyze a hypothetical GHG NSPS for one sector, coal electricity generation. This analysis indicates that efficiency improvements and perhaps biomass cofiring could be …
Dangers In Prescription Drugs: Filling A Private Law Gap In The Healthcare Debate, David G. Owen
Dangers In Prescription Drugs: Filling A Private Law Gap In The Healthcare Debate, David G. Owen
Faculty Publications
No abstract provided.
Kentucky And Education Reform: The Issue Of Pay-For-Performance, Gayla Cissell
Kentucky And Education Reform: The Issue Of Pay-For-Performance, Gayla Cissell
The Journal of Law and Education
No abstract provided.
Supervisory Colleges: The Global Financial Crisis And Improving International Supervisory Coordination, Duncan E. Alford
Supervisory Colleges: The Global Financial Crisis And Improving International Supervisory Coordination, Duncan E. Alford
Faculty Publications
No abstract provided.
Indian Law: Dangerous Gamble: Child Support, Casino Dividends, And The Fate Of The Indian Family, Marcia A. Yablon-Zug
Indian Law: Dangerous Gamble: Child Support, Casino Dividends, And The Fate Of The Indian Family, Marcia A. Yablon-Zug
Faculty Publications
No abstract provided.
Taxing Structured Settlements, Brant J. Hellwig, Gregg D. Polsky
Taxing Structured Settlements, Brant J. Hellwig, Gregg D. Polsky
Faculty Publications
Congress has granted a tax subsidy to physically injured tort plaintiffs who enter into structured settlements. The subsidy allows these plaintiffs to exempt the investment yield imbedded within the structured settlement from federal income taxation. The apparent purpose of the subsidy is to encourage physically injured plaintiffs to invest, rather than presently consume, their litigation recoveries. Although the statutory subsidy by its terms is available only to physically injured tort plaintiffs, a growing structured settlement industry now contends that the same tax benefit of yield exemption is available to plaintiffs' lawyers and nonphysically injured tort plaintiffs under general, common-law tax …
The Political Fourth Amendment, Thomas P. Crocker
The Political Fourth Amendment, Thomas P. Crocker
Faculty Publications
The Political Fourth Amendment builds on Justice Ginsburg's recent dissent in Herring v. United States to argue for a "more majestic conception" of the Fourth Amendment focused on protecting political liberty. To put the point dramatically, we misread the Fourth Amendment when we read it exclusively as a criminal procedure provision focused entirely on either regulating police or protecting privacy. In order to see the Fourth Amendment as contributing to the Constitution's protections for political liberty, and not simply as an invitation to regulate police practice, we must take seriously the fact that the Fourth Amendment's textual purpose is to …
After Iqbal, Joseph Seiner
Pleading Disability, Joseph Seiner
Pleading Disability, Joseph Seiner
Faculty Publications
A significant failure. That is how the Americans with Disabilities Act ("ADA") has been described by legal scholars and disability advocates alike. The statute was widely expected to help prevent disability discrimination in employment, but it has not fully achieved its intended purpose because of the narrow interpretation of the ADA by the courts. Congress recently sought to restore the employment protections of the ADA by amending the statute. Interpreting the complex and comprehensive amendments to the ADA will be a difficult task for the federal courts. Complicating matters further, the proper pleading standard for disability claims was left in …
Stranger Dictum: Why Arizona V. Gant Compels The Conclusion That Suspicionless Buie Searches Incident To Lawful Arrests Are Unconstitutional, Colin Miller
Faculty Publications
No abstract provided.
Book Review: Lexicon Of Human Rights, Duncan E. Alford
Book Review: Lexicon Of Human Rights, Duncan E. Alford
Faculty Publications
No abstract provided.
Climate Change And The Public Law Model Of Torts: Reinvigorating Judicial Restraint Doctrines, Donald G. Gifford
Climate Change And The Public Law Model Of Torts: Reinvigorating Judicial Restraint Doctrines, Donald G. Gifford
South Carolina Law Review
No abstract provided.
The Hidden Harmony Of Appellate Jurisdiction, Aaron R. Petty
The Hidden Harmony Of Appellate Jurisdiction, Aaron R. Petty
South Carolina Law Review
No abstract provided.
Much Ado About Nothing: The Future Of Manifest Disregard After Hall Street, Richard A. Bales, Mylinda K. Sims
Much Ado About Nothing: The Future Of Manifest Disregard After Hall Street, Richard A. Bales, Mylinda K. Sims
South Carolina Law Review
No abstract provided.
The Ethic Of High Expectations, Jean Galbraith
The Ethic Of High Expectations, Jean Galbraith
South Carolina Law Review
No abstract provided.
School Of Law Catalog, 2010, University Of South Carolina School Of Law
School Of Law Catalog, 2010, University Of South Carolina School Of Law
Law School Announcements, Bulletins, & Catalogs
2010 School of Law Catalog, 2010