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Articles 361 - 390 of 7596
Full-Text Articles in Law
Submission Information
South Carolina Journal of International Law and Business
No abstract provided.
Dispute Resolution In The Badminton World Federation: Sui Generis Expert Determination?, Ilias Bantekas
Dispute Resolution In The Badminton World Federation: Sui Generis Expert Determination?, Ilias Bantekas
South Carolina Journal of International Law and Business
The Badminton World Federation (BWF) has set up a poly-tiered dispute resolution mechanism to deal with alleged breaches of its institutional statutes. It calls these ‘judicial’ bodies even though they are not established by law. They consist of the Independent Hearing Panel (IHP) and the Sports Dispute Panel (SDP). The former entertains mostly governance-related disputes while the SDP enjoys jurisdiction for substantive sports disputes. The IHP also serves as an appellate forum against SDP decisions. Neither of these entities has been endowed with arbitral qualities and the BWF dispute settlement architecture is paradigmatic of expert determination. The two ‘judicial’ entities …
Notification Au Parquet In South Carolina: A Critique Of Substituted Service On Foreign Corporations, Julius H. Hines
Notification Au Parquet In South Carolina: A Critique Of Substituted Service On Foreign Corporations, Julius H. Hines
South Carolina Journal of International Law and Business
No abstract provided.
Rico’S Long Arm, Randy D. Gordon
Rico’S Long Arm, Randy D. Gordon
South Carolina Journal of International Law and Business
RICO has for over 50 years presented something of a parlor game for lawyers, mostly because its text leaves wide latitude in interpretation. And, as is often the case with RICO, resolution of one question begets more. The Supreme Court’s recent decision in Yegiazaryan v. Smagin proves no exception. Here, the Court brought some clarity to a question left open by RJR Nabisco: viz, what must one plead and prove to satisfy the “domestic injury” requirement necessary to invoke an extraterritorial application of RICO. The Court held that a foreign plaintiff can indeed, given the right facts and circumstances, establish …
Challenges Of Merger Control In The Ggc, Talal Al Awadhi
Challenges Of Merger Control In The Ggc, Talal Al Awadhi
South Carolina Journal of International Law and Business
This research study investigated the challenges confronting Gulf Corporate Council (GCC) states in merger control. For the purpose of this research, the term merger control is used to refer to the law and regulations on how anticompetitive mergers should be identified, controlled and/or prevented. This research study was carried out using a secondary data analysis. The secondary data was collected from the literature. Research findings indicate that mergers in general are underdeveloped in GCC states. As a result, the law on merger control has lagged severely behind developed states. Research findings also indicate that there are four main challenges to …
Place-Based Versus Practice-Based Norms For American Lawyers: "It's The End Of The World As We Know It (And I Feel Fine)", James E. Moliterno
Place-Based Versus Practice-Based Norms For American Lawyers: "It's The End Of The World As We Know It (And I Feel Fine)", James E. Moliterno
South Carolina Law Review
No abstract provided.
Three Strategies For Improving Access To Civil Legal Assistance In South Carolina, Elizabeth Chambliss
Three Strategies For Improving Access To Civil Legal Assistance In South Carolina, Elizabeth Chambliss
South Carolina Law Review
No abstract provided.
Ethics, Lawyering, And Regulation In A Time Of Great Change: Field Notes From The (R)Evolution, Lucian T. Pera
Ethics, Lawyering, And Regulation In A Time Of Great Change: Field Notes From The (R)Evolution, Lucian T. Pera
South Carolina Law Review
No abstract provided.
The Right To (Human) Counsel: Real Responsibility For Artificial Intelligence, Keith Swisher
The Right To (Human) Counsel: Real Responsibility For Artificial Intelligence, Keith Swisher
South Carolina Law Review
No abstract provided.
Navigating Rough Waters: Empowering Law Students To Act As Navigators For The Unrepresented, Alicia M. Forehand
Navigating Rough Waters: Empowering Law Students To Act As Navigators For The Unrepresented, Alicia M. Forehand
South Carolina Law Review
No abstract provided.
Through The Looking Glass: Professional Responsibility, The Public Interest, And The Future Of Legal Ethics And Lawyer Regulation In The United States: Speech: Welcome And Opening Remarks, William C. Hubbard
South Carolina Law Review
No abstract provided.
In Re Anonymous Applicant For Admission To The South Carolina Bar, O. Gracie Fowler
In Re Anonymous Applicant For Admission To The South Carolina Bar, O. Gracie Fowler
South Carolina Law Review
No abstract provided.
Religion, Discrimination, And The Future Of Public Education, Derek W. Black
Religion, Discrimination, And The Future Of Public Education, Derek W. Black
Faculty Publications
The Supreme Court’s recent decisions regarding the free exercise of religion threaten fundamental changes to public education. On their face, these decisions are relatively narrow. They prohibit states from explicitly excluding religious schools from participating in states’ tuition subsidy programs, otherwise known as private school vouchers. But school choice advocates and some scholars argue that the rationale in these cases also extends to religious organizations that want to operate public charter schools.
While these changes would drain enormous resources from an already underfunded public education system, even more important interests are at stake: antidiscrimination and basic core curriculum. More specifically, …
Myth-Busting Restorative Justice: Uncovering The Past And Finding Lessons In Community, Aparna Polavarapu
Myth-Busting Restorative Justice: Uncovering The Past And Finding Lessons In Community, Aparna Polavarapu
Faculty Publications
A common narrative about modern restorative justice is that it is a revival of historic and indigenous justice practices that have been practiced around the world. Critics of this narrative call it a myth, arguing that the claim is overbroad and unsupported by existing evidence. Embedded in this conversation are questions about how to respect the contributions of indigenous traditions and avoid whitewashing. Such an overwhelmingly broad claim tends to lead to romanticization and whitewashing of indigenous traditions, serving the needs of largely white, Western advocates in yet another colonial endeavor. But ignoring the indigenous contribution to restorative justice altogether …
The Racialized Violence Of Police Canine Force, Madalyn K. Wasilczuk
The Racialized Violence Of Police Canine Force, Madalyn K. Wasilczuk
Faculty Publications
No abstract provided.
Accessibility Of Medical School To Students With Physical Disabilities, Shelby A. Cowan
Accessibility Of Medical School To Students With Physical Disabilities, Shelby A. Cowan
Senior Theses
This thesis is an exploration of perceived and institutional barriers to matriculation into medical school for students with physical disabilities. Factors such as the lived admissions experience, available accommodations and supportive resources, and legal considerations surrounding a student's disclosure of their disability are examined; however, future work is needed to better access this population of students and empower them to become physicians and use their unique perspective to benefit patients.
Learning Law Young: Towards A More Robust, Impactful Civics Education Modeled Off Of Jewish Law Learning, Michael J. Broyde, Ariel J. Lieberman
Learning Law Young: Towards A More Robust, Impactful Civics Education Modeled Off Of Jewish Law Learning, Michael J. Broyde, Ariel J. Lieberman
The Journal of Law and Education
No abstract provided.
Abc...Hij, Is The U.S. Teacher Shortage Here To Stay? Using U.S. Immigration Policy To Address The Domestic Teaching Shortage, Nicole C. Dillard
Abc...Hij, Is The U.S. Teacher Shortage Here To Stay? Using U.S. Immigration Policy To Address The Domestic Teaching Shortage, Nicole C. Dillard
The Journal of Law and Education
No abstract provided.
The Law And Economics Of Online Cheating, Robert A. Hazel
The Law And Economics Of Online Cheating, Robert A. Hazel
The Journal of Law and Education
No abstract provided.
Recognizing Menstrual Equity As A Dimension Of Equal Educational Opportunity Student Note, Reilly H. Lerner
Recognizing Menstrual Equity As A Dimension Of Equal Educational Opportunity Student Note, Reilly H. Lerner
The Journal of Law and Education
No abstract provided.
The Clinic As A Site Of Grounded Pedagogy, Madalyn K. Wasilczuk
The Clinic As A Site Of Grounded Pedagogy, Madalyn K. Wasilczuk
Faculty Publications
Legal education tends to focus on teaching students federal law from hefty casebooks, inculcating the ability to "think like lawyers." In a sea of Socratic lectures and hypotheticals, students often take refuge in clinics as an island of practical skills-building, client centeredness, and individual fulfillment. Yet even clinics sometimes fail to highlight for students how the place where they practice, with its particular political context and history, shapes their clients' lives and legal problems. This Article describes the law school clinic as a site of grounded pedagogy: a teaching method that centers the connection between local history and the present …
Guilty, But Mentally Ill, But Not Insane? Making Sense Of South Carolina's Approach To Mentally Ill Offenders, Mason J. Rajaee
Guilty, But Mentally Ill, But Not Insane? Making Sense Of South Carolina's Approach To Mentally Ill Offenders, Mason J. Rajaee
South Carolina Law Review
No abstract provided.