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Articles 811 - 840 of 7597
Full-Text Articles in Law
Will Courts Make Student Suicide A Nimby Problem For Colleges And Universities: Dzung Duy Nguyen V. Mit And Impossible Standards For Higher Education Professionals, Jesse Krohn
The Journal of Law and Education
No abstract provided.
The Use Of Screen Reader Accommodations By Blind Students In Standardized Testing: A Legal And Socio-Technical Framework, Jonathan Lazar
The Use Of Screen Reader Accommodations By Blind Students In Standardized Testing: A Legal And Socio-Technical Framework, Jonathan Lazar
The Journal of Law and Education
No abstract provided.
A Prescription For Disaster: How Local Governments' Abuse Of Public Nuisance Claims Wrongly Elevates Courts And Litigants Into A Policy-Making Role And Subverts The Equitable Administration Of Justice, Luther J. Strange Iii
A Prescription For Disaster: How Local Governments' Abuse Of Public Nuisance Claims Wrongly Elevates Courts And Litigants Into A Policy-Making Role And Subverts The Equitable Administration Of Justice, Luther J. Strange Iii
South Carolina Law Review
No abstract provided.
The Current State Of Opioid Litigation, Richard C. Ausness
The Current State Of Opioid Litigation, Richard C. Ausness
South Carolina Law Review
No abstract provided.
Washington, D.C.'S Heroin Epidemic Of The 1970s And Today's Opioid Crisis: A Comparative History Of Government Policy Responses, Brian G. Gilmore
Washington, D.C.'S Heroin Epidemic Of The 1970s And Today's Opioid Crisis: A Comparative History Of Government Policy Responses, Brian G. Gilmore
South Carolina Law Review
No abstract provided.
Drug-Induced Homicide: Challenges And Strategies In Criminal Defense, Valena E. Beety, Alex D. Kreit, Ann Boustead, Jeremiah Goulka, Leo Beletsky
Drug-Induced Homicide: Challenges And Strategies In Criminal Defense, Valena E. Beety, Alex D. Kreit, Ann Boustead, Jeremiah Goulka, Leo Beletsky
South Carolina Law Review
No abstract provided.
State Benchmark Plan Coverage Of Opioid Use Disorder Treatments And Services: Trends And Limitations, Stacey A. Tovino
State Benchmark Plan Coverage Of Opioid Use Disorder Treatments And Services: Trends And Limitations, Stacey A. Tovino
South Carolina Law Review
No abstract provided.
All Hands On Deck: The Case For Incorporating Medically Assisted Treatment Into The Criminal Justice System In South Carolina, Joseph Y. Shenkar
All Hands On Deck: The Case For Incorporating Medically Assisted Treatment Into The Criminal Justice System In South Carolina, Joseph Y. Shenkar
South Carolina Law Review
No abstract provided.
Utilizing Pharmacists And Educational Services To Promote Proper Use Of Opioids Across South Carolina, Kayce M. Shealy, Erika E. Tillery, Cheryl A. Anderson, Katelyn L. Cheek
Utilizing Pharmacists And Educational Services To Promote Proper Use Of Opioids Across South Carolina, Kayce M. Shealy, Erika E. Tillery, Cheryl A. Anderson, Katelyn L. Cheek
South Carolina Law Review
No abstract provided.
Law School Scholarships: Hooded Robin' Of Non-Privileged Students Counterpoint Introduction, Perry A. Zirkel
Law School Scholarships: Hooded Robin' Of Non-Privileged Students Counterpoint Introduction, Perry A. Zirkel
The Journal of Law and Education
No abstract provided.
Hangry For School Lunch Guidance, Ilana L. Linder
Hangry For School Lunch Guidance, Ilana L. Linder
The Journal of Law and Education
No abstract provided.
Are Law Schools Engines Of Inequality, Richard H. Sander
Are Law Schools Engines Of Inequality, Richard H. Sander
The Journal of Law and Education
No abstract provided.
The Opioid Crisis And The Federal Death Penalty, Richard Broughton
The Opioid Crisis And The Federal Death Penalty, Richard Broughton
South Carolina Law Review
No abstract provided.
The Opioid Litigation Unicorn, Nicolas Terry
The Opioid Litigation Unicorn, Nicolas Terry
South Carolina Law Review
No abstract provided.
Who Decides Fair Use -- Judge Or Jury?, Ned Snow
Who Decides Fair Use -- Judge Or Jury?, Ned Snow
Faculty Publications
For more than two-hundred years, the issue of fair use has been the province of the jury. That recently changed when the Federal Circuit Court of Appeals decided Oracle America, Inc. v. Google LLC. At issue was whether Google fairly used portions of Oracle’s computer software when Google created an operating system for smartphones. The jury found Google’s use to be fair, but the Federal Circuit reversed. Importantly, the Federal Circuit applied a de novo standard of review to reach its conclusion, departing from centuries of precedent.
Oracle raises a fundamental question in jurisprudence: Who should decide an issue …
The Value Of Insider Control, Benjamin Means
The Value Of Insider Control, Benjamin Means
Faculty Publications
According to conventional wisdom, insider control of businesses is detrimental to the interests of non-controlling investors. Family-run businesses, in particular, are seen as nepotistic and inefficient. Yet, commentators have overestimated the dangers of insider control and overlooked its potential benefits for all stakeholders. Controlling owners have a personal stake that gives them reason to identify with their business and to adopt responsible business practices capable of creating lasting value. A stewardship model of insider control helps explain the continuing vitality of family businesses as well as the success of recent public offerings by Facebook, Google, and Snapchat involving low-vote or …
Coerced Choice: School Vouchers And Students With Disabilities, Claire Raj
Coerced Choice: School Vouchers And Students With Disabilities, Claire Raj
Faculty Publications
The landscape of public education, once thought to be a core function of the state, is shifting towards privatization. The appointment of Betsy DeVos as U.S. Secretary of Education further cements this shift. In particular, DeVos intends to vastly expand the availability of vouchers and tax credits that use public dollars to fund private school tuition. The debate over this expansion and its impact on traditional public schools has been polarizing and combative. Thus far, commentators have framed vouchers as purely matters of choice and increased educational opportunities. Drowned out in the debate are the voices of students with disabilities. …
The Staffer's Error Doctrine, Jesse M. Cross
The Staffer's Error Doctrine, Jesse M. Cross
Faculty Publications
Over the last forty years, a new type of legislator has arisen in Congress: one who, rather than drafting statutes, instead manages a staff bureaucracy that produces these statutes. By becoming a manager of bills, not a drafter of them, this new legislator has altered a key relationship in our democracy: that between members of Congress and the laws they enact. Yet no study has documented how this modern relationship works — i.e., has chronicled how today’s federal legislators learn the contents of bills — and thereby shown the modern relationship between legislator and law. Nor has any study reflected …
Equitable Health Savings Accounts, Samuel Estreicher, Clinton G. Wallace
Equitable Health Savings Accounts, Samuel Estreicher, Clinton G. Wallace
Faculty Publications
This Article offers the first comprehensive legal-policy critique of existing Health Savings Accounts (HSAs), arguing that the current approach is redistributively regressive, thus exacerbating inequality, and also fails to accomplish stated healthcare goals. We propose an alternative—Equitable Health Savings Accounts—which uses cash grants as a tool to address both of these problems. Equitable HSAs are a market-based social program that calibrates size and delivery of a government subsidy to help the least well off and to facilitate participation in healthcare markets. Equitable HSAs can serve as a model for using cash grants to bridge the gap between Republican social policy …
Free Appropriate Public Education After Andrew F. V. Douglas County School District (2017), Terrye Conroy, Mitchell Yell
Free Appropriate Public Education After Andrew F. V. Douglas County School District (2017), Terrye Conroy, Mitchell Yell
Faculty Publications
No abstract provided.
Freezing The Future: Elective Egg Freezing And The Limits Of The Medical Expense Deduction, Tessa R. Davis
Freezing The Future: Elective Egg Freezing And The Limits Of The Medical Expense Deduction, Tessa R. Davis
Faculty Publications
Section 213 of the Internal Revenue Code (the Code) allows a deduction for unreimbursed expenses for medical care. To qualify as medical care, an individual’s outlay must meet the statutory definition of “medical care” set forth in §213. Specifically, an outlay must be for care that is either for “the diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body.” Many costs raise few interpretive challenges. When an individual receives chemotherapy, for example, the costs tied to that care clearly satisfy the disease prong of §213. But as medicine …
Breaking The Norm Of School Reform, Derek Black
Breaking The Norm Of School Reform, Derek Black
Faculty Publications
No abstract provided.
Clean Energy Justice: Charting An Emerging Agenda, Shelley Welton, Joel Eisen
Clean Energy Justice: Charting An Emerging Agenda, Shelley Welton, Joel Eisen
Faculty Publications
The rapid transition to clean energy is fraught with potential inequities. As clean energy policies ramp up in scale and ambition, they confront challenging new questions: Who should pay for the transition? Who should live next to the industrial-scale wind and solar farms these policies promote? Will the new “green” economy be a fairer one, with more widespread opportunity, than the fossil fuel economy it is replacing? Who gets to decide what kinds of resources power our decarbonized world? In this article, we assert that it is useful to understand these challenges collectively, as part of an emerging agenda of …
The Discrimination Presumption, Joseph Seiner
The Discrimination Presumption, Joseph Seiner
Faculty Publications
Employment discrimination is a fact in our society. Scientific studies continue to show that employer misconduct in the workplace is pervasive. This social science research is further supported by governmental data and litigation statistics. Even in the face of this evidence, however, it has never been more difficult to successfully bring a claim of employment discrimination. After the Supreme Court’s controversial decisions in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009), all civil litigants must sufficiently plead enough facts to give rise to a plausible claim. Empirical studies show that this …
Harassment, Technology, And The Modern Worker, Joseph Seiner
Harassment, Technology, And The Modern Worker, Joseph Seiner
Faculty Publications
This symposium paper explores why sex discrimination is so prevalent in the technology sector workplace. This paper further examines what can be done to address these problems, and how employers can work to minimize the types of gender discrimination issues that currently exist in the modern economy. This ongoing issue must be examined much more closely by technology companies given the potential for this type of harm across the entire sector. There are many things that can be done to reduce this form of discrimination and to limit the potential liability for employers.
Flagging Efforts To Win Under The Banner Of Endrew F. Counterpoint Introduction
Flagging Efforts To Win Under The Banner Of Endrew F. Counterpoint Introduction
The Journal of Law and Education
No abstract provided.
3l Awards And Order Of The Coif Program, May 9, 2019, University Of South Carolina School Of Law Order Of The Coif
3l Awards And Order Of The Coif Program, May 9, 2019, University Of South Carolina School Of Law Order Of The Coif
Order of the Coif Programs and Documents
No abstract provided.
Board Of Editors And Law School Faculty
Board Of Editors And Law School Faculty
South Carolina Law Review
No abstract provided.
A Rational Approach To Sentencing Offenders For Animal Cruelty: A Normative And Scientific Analysis Underpinning Proportionate Penalties For Animal Cruelty Offenders, Mirko Bagaric, Jane Kotzmann, Gabrielle Wolf
A Rational Approach To Sentencing Offenders For Animal Cruelty: A Normative And Scientific Analysis Underpinning Proportionate Penalties For Animal Cruelty Offenders, Mirko Bagaric, Jane Kotzmann, Gabrielle Wolf
South Carolina Law Review
No abstract provided.