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Articles 631 - 660 of 7596
Full-Text Articles in Law
China's Merger Review: The Review Agency Is In Balance With Major Stakeholders, Huizhen Chen
China's Merger Review: The Review Agency Is In Balance With Major Stakeholders, Huizhen Chen
South Carolina Journal of International Law and Business
China's relatively new merger review system continues trending toward those of the United States and the European Union. However, its merger review will never entirely converge with the Western model from either a competition policy or review methodology perspective. Such divergence from the West, this article claims, is rooted in the decision-making mechanism of China's merger reviews. Traditionally, China's decision-making mechanism has been viewed as a singular review-agency domination like that of the West. In fact, however, China's merger reviews have issued remedies reflecting policies generated by major stakeholders as well as the review agency. These co-decision-makers have balancing relationships …
Bangladesh-Bhutan Pta: Less Is More?, Md. Rizwanul Islam
Bangladesh-Bhutan Pta: Less Is More?, Md. Rizwanul Islam
South Carolina Journal of International Law and Business
While in the General Agreement on Tariffs and Trade (GATT) years, generally developed economies pursued preferential trade agreements (PTAs), and the states of the global South were also pursuing PTAs between and among each other. The recently concluded Bangladesh-Bhutan Preferential Trade Agreement (BBPTA) is an addition to this list. This article argues that the seemingly narrow scope of the BBPTA is somewhat deceptive. This is so because it covers products which are actually traded between the parties, and they create a substantial margin of preference. Thus, though the relatively liberal and simple rules of origin of the BBPTA is a …
Genetic Villains, Alexandra L. Foulkes
Genetic Villains, Alexandra L. Foulkes
South Carolina Law Review
No abstract provided.
Unite In Privacy Diversity: A Kaleidoscopic View Of Privacy Definitions, Bert-Jaap Koops, Masa Galic
Unite In Privacy Diversity: A Kaleidoscopic View Of Privacy Definitions, Bert-Jaap Koops, Masa Galic
South Carolina Law Review
No abstract provided.
Blackness As Fighting Words, Etienne C. Toussaint
Blackness As Fighting Words, Etienne C. Toussaint
Faculty Publications
The resurgence of worldwide protests by activists of the Movement for Black Lives (BLM) has ushered a global reckoning with the meaning of this generation’s rallying cry – “Black Lives Matter.” As citizens emblazon their streets with this expression in massive artistic murals, the Trump administration has responded with the militarized policing of non-violent public demonstrations, revealing not merely a disregard for public safety, but far worse, a concerted dismantling of protestors’ First Amendment rights. Nevertheless, BLM protests have persisted. Accordingly, this Essay considers the implications of this generation’s acclamation of Black humanity amidst the social tensions exposed during the …
Fair Use In Sayre V. Moore: A Reply To Oracle, Ned Snow
Fair Use In Sayre V. Moore: A Reply To Oracle, Ned Snow
Faculty Publications
The Supreme Court is now considering the case of Google LLC v. Oracle America, Inc. Oracle has argued that Google infringed its copyright in computer software, but a jury found that Google’s use was not infringing under the fair use doctrine. The Federal Circuit reversed the jury verdict under a de novo standard of review. I have argued that this reversal violates the Seventh Amendment.
Seventh Amendment rights depend on whether an issue would have been decided by a jury in English law courts during the late 1700s. My argument is that in the 1785 English case of Sayre v. …
Joint Identities?: A Self-Case Study Of The Professional Identity Development Of J.D./Ph.D. Professionals In Education Law, Raquel Muniz, Dwayne Wright, Rafael E. Alvarado, Vanessa Miller, J. Queen Mcgrew
Joint Identities?: A Self-Case Study Of The Professional Identity Development Of J.D./Ph.D. Professionals In Education Law, Raquel Muniz, Dwayne Wright, Rafael E. Alvarado, Vanessa Miller, J. Queen Mcgrew
The Journal of Law and Education
No abstract provided.
Academic Law Libraries And Scholarship: Communication, Publishing, And Ranking, Dana Neacscu, James M. Donovan
Academic Law Libraries And Scholarship: Communication, Publishing, And Ranking, Dana Neacscu, James M. Donovan
The Journal of Law and Education
No abstract provided.
Expanding The Legal Services Ecosystem: An Educational Model To Improve Access To Immigration Justice Through Legal Paraprofessionals, Michele R. Pistone
Expanding The Legal Services Ecosystem: An Educational Model To Improve Access To Immigration Justice Through Legal Paraprofessionals, Michele R. Pistone
The Journal of Law and Education
No abstract provided.
Mergers Between Higher Education Institutions: Regulatory Considerations, Antitrust Concerns, And Best Practices, Phillip Z. Yao
Mergers Between Higher Education Institutions: Regulatory Considerations, Antitrust Concerns, And Best Practices, Phillip Z. Yao
The Journal of Law and Education
No abstract provided.
Title Ix: Risky Business?, Perry A. Zirkel
Title Ix: Risky Business?, Perry A. Zirkel
The Journal of Law and Education
No abstract provided.
The Real Deal With Declining Enrollment In Higher Education, Kathleen Conn
The Real Deal With Declining Enrollment In Higher Education, Kathleen Conn
The Journal of Law and Education
No abstract provided.
Board Of Editors And Law School Faculty
Board Of Editors And Law School Faculty
South Carolina Law Review
No abstract provided.
Tax Practice Gets A Mary Kay Makeover: The Tale Of Peterson And The Danielson Rule, Joy Sabino Mullane
Tax Practice Gets A Mary Kay Makeover: The Tale Of Peterson And The Danielson Rule, Joy Sabino Mullane
South Carolina Law Review
No abstract provided.
Democratizing The Fourth Sector: B Corps And Beneficiary Participation, Joseph Pileri
Democratizing The Fourth Sector: B Corps And Beneficiary Participation, Joseph Pileri
South Carolina Law Review
No abstract provided.
The Elitification Of The U.S. Supreme Court And Appellate Lawyering, H. W. Perry Jr.
The Elitification Of The U.S. Supreme Court And Appellate Lawyering, H. W. Perry Jr.
South Carolina Law Review
No abstract provided.
Attorney's Fees In Judicial Proceedings Involving Trusts, Estates, And Protected Persons: When Is An Award Just An Equitable?, Daniel F. Blanchard Iii
Attorney's Fees In Judicial Proceedings Involving Trusts, Estates, And Protected Persons: When Is An Award Just An Equitable?, Daniel F. Blanchard Iii
South Carolina Law Review
No abstract provided.
Immoral Trademarks After Brunetti, Ned Snow
Immoral Trademarks After Brunetti, Ned Snow
Faculty Publications
For more than a century, marks that were vulgar, profane, and obscene could not receive trademark protection. In 2019, however, the Supreme Court in Iancu v. Brunetti invalidated the statutory provision that had prevented such marks from receiving protection—the bars to “immoral” and “scandalous” marks. Those bars violated the First Amendment because they enabled the government to judge whether ideas in marks were inappropriate. Similarly, two years prior to Brunetti, the Court in Matal v. Tam struck down a bar to marks that could “disparage” others. The Court reasoned that to disparage is to offend, and the ability to offend …
The Fourth Amendment At Home, Thomas P. Crocker
The Fourth Amendment At Home, Thomas P. Crocker
Faculty Publications
A refuge, a domain of personal privacy, and the seat of familial life, the home holds a special place in Fourth Amendment jurisprudence. Supreme Court opinions are replete with statements affirming the special status of the home. Fourth Amendment text places special emphasis on securing protections for the home in addition to persons, papers, and effects against unwarranted government intrusion. Beyond the Fourth Amendment, the home has a unique place within constitutional structure. The home receives privacy protections in addition to sheltering other constitutional values protected by the Due Process Clause and the First Amendment. For example, under the Due …
Recent Decisions - Lower Federal Courts And State Courts
Recent Decisions - Lower Federal Courts And State Courts
The Journal of Law and Education
No abstract provided.
Recent Decisions - Supreme Court Decisions
Recent Decisions - Supreme Court Decisions
The Journal of Law and Education
No abstract provided.
Faint-Hearted Federalism: The Role Of State Autonomy In Conservative Constitutional Jurisprudence, Earl M. Maltz
Faint-Hearted Federalism: The Role Of State Autonomy In Conservative Constitutional Jurisprudence, Earl M. Maltz
South Carolina Law Review
No abstract provided.
The Title Ix Paradox, Emily Suski
The Title Ix Paradox, Emily Suski
Faculty Publications
When Christine Blasey Ford explained to the Senate Judiciary Committee why she had not reported her sexual assault at age fifteen, she captured the struggle of many children who must decide whether to make such reports: “For a very long time, I was too afraid and ashamed to tell anyone the details.” Thousands of sexual assaults happen to children in school each year. Title IX, a potentially powerful civil rights law, should protect them. Title IX’s main purpose is to protect individuals from sex discrimination, including in the form of sexual harassment and assault, in public schools. Yet Title IX …
Workplace Law, Social Neuroscience, And The Right To Be Different, Joseph Seiner
Workplace Law, Social Neuroscience, And The Right To Be Different, Joseph Seiner
Faculty Publications
No abstract provided.