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Articles 451 - 480 of 494
Full-Text Articles in Law
South Carolina Legal Resources On The Web, Duncan E. Alford
Applying The Ada To Mitigating Measures Cases: A Choice Of Statutory Evils, Lisa A. Eichhorn
Applying The Ada To Mitigating Measures Cases: A Choice Of Statutory Evils, Lisa A. Eichhorn
Faculty Publications
This Article critiques the idea that the ADA should exclude from its coverage people who use mitigating measures, such as medications and medical devices, to alleviate the effects of their mental and physical impairments. After describing the statute as an expansive but flawed tool for combating disability-based discrimination, the Article analyzes a 1999 trilogy of Supreme Court cases holding that in determining whether a person has a disability for purposes of ADA coverage, courts should take account of the ameliorative effects of so-called mitigating measures on the person’s impairments. Through this holding, the Court inappropriately constricted the scope of the …
Major Litigation Activities Regarding Major Life Activities: The Failure Of The Disability Definition In The Americans With Disabilities Act Of 1990, Lisa A. Eichhorn
Major Litigation Activities Regarding Major Life Activities: The Failure Of The Disability Definition In The Americans With Disabilities Act Of 1990, Lisa A. Eichhorn
Faculty Publications
The passage of the Americans with Disabilities Act ("ADA") in 1990 has been praised as the major accomplishment of the disability rights movement. This statute, however, is not without its flaws. Perhaps the most problematic one is the way in which “disability” is defined. Lisa Eichhorn argues that the definition undercuts the effectiveness of the ADA. She begins with a historical look at society’s concepts of disability and discusses how these concepts were incorporated into the Rehabilitation Act of 1973 and the ADA. She then examines cases that have been dismissed because plaintiffs cannot prove disabled status, which illustrate the …
South Carolina Practice Materials: A Selective, Annotated Bibliography, Duncan E. Alford
South Carolina Practice Materials: A Selective, Annotated Bibliography, Duncan E. Alford
Faculty Publications
No abstract provided.
Writing In The Legal Academy: A Dangerous Supplement, Lisa A. Eichhorn
Writing In The Legal Academy: A Dangerous Supplement, Lisa A. Eichhorn
Faculty Publications
This article explores the relationship of writing and speech in the legal academy through the lens of an ancient, embedded hierarchy that favors speech over writing. The article borrows the philosophical notion of the "dangerous supplement" to describe the role of writing in this hierarchy and argues that law schools have long seen only one aspect of this role, viewing writing as a "dangerous" curricular supplement, but failing to see why it is necessary to the existence of the remainder of the curriculum. This article examines the lurking distrust that surrounds writing in the legal academy. Part I of this …
Prohibiting Conduct, Not Consequences: The Limited Reach Of The Migratory Bird Treaty Act, Benjamin Means
Prohibiting Conduct, Not Consequences: The Limited Reach Of The Migratory Bird Treaty Act, Benjamin Means
Faculty Publications
No abstract provided.
Products Liability Law Restated, David G. Owen
Products Liability Law Restated, David G. Owen
Faculty Publications
No abstract provided.
Toward A Proper Test For Design Defectiveness: "Micro-Balancing" Costs And Benefits, David G. Owen
Toward A Proper Test For Design Defectiveness: "Micro-Balancing" Costs And Benefits, David G. Owen
Faculty Publications
No abstract provided.
Reasonable Accommodations And Awkward Compromises: Issues Concerning Learning Disabled Students And Professional Schools In The Law School Context, Lisa A. Eichhorn
Reasonable Accommodations And Awkward Compromises: Issues Concerning Learning Disabled Students And Professional Schools In The Law School Context, Lisa A. Eichhorn
Faculty Publications
Under the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973, colleges and universities are prohibited from discriminating against qualified students with learning disabilities and must reasonably accommodate such disabilities so that students have a genuine opportunity to complete academic programs successfully. Not surprisingly, just like their non-disabled peers, a number of learning disabled college graduates are choosing to enter professions such as law and medicine. Their entry into professional schools has raised a number of legal issues concerning their qualification to matriculate, their need for accommodations, and their eventual ability to practice successfully. …
Risk-Utility Balancing In Design Defect Cases, David G. Owen
Risk-Utility Balancing In Design Defect Cases, David G. Owen
Faculty Publications
No abstract provided.
Defectiveness Restated: Exploding The "Strict" Products Liability Myth, David G. Owen
Defectiveness Restated: Exploding The "Strict" Products Liability Myth, David G. Owen
Faculty Publications
Strict liability in tort has occupied the core of modern products liability doctrine ever since Dean Prosser first penned the most often cited Restatement section in history-section 402A of the Second Restatement of Torts. In the Third Restatement, the ALl has completely restructured the definition of product defectiveness. The inscrutable phrase that has confounded courts and commentators for so many years- "defective condition unreasonably dangerous"- is now trifurcated according to the separate types of product defects: manufacturing defects, design defects, and warnings defects. In this important article, Professor Owen explores the conceptual developments that led to the restated liability formulations …
An Empirical Test Of The Rational Actor Theory Of Litigation, Donald R. Songer, Charles M. Cameron, Jeffrey A. Segal
An Empirical Test Of The Rational Actor Theory Of Litigation, Donald R. Songer, Charles M. Cameron, Jeffrey A. Segal
Faculty Publications
This article examines the decisions of litigants in criminal cases to appeal decisions from the U.S. Courts of Appeals to the U.S. Supreme Court. Using a random sample of search and seizure cases from 1962 through 1990 and a measure of the likelihood that the appeals court decision will be reversed if cert is granted, we demonstrate that litigants behave as if they rationally consider costs and benefits in their decisions to appeal. Given the extraordinary number of cases decided by lower federal courts vis-g-vis the number of cases the Supreme Court can decide, we argue that such behavior is …
Anti-Money Laundering Regulations: A Burden On Financial Institutions, Duncan E. Alford
Anti-Money Laundering Regulations: A Burden On Financial Institutions, Duncan E. Alford
Faculty Publications
No abstract provided.
The Graying Of Products Liability Law: Paths Taken And Untaken In The New Restatement, David G. Owen
The Graying Of Products Liability Law: Paths Taken And Untaken In The New Restatement, David G. Owen
Faculty Publications
No abstract provided.
A Reappraisal Of Diversification In The Federal Courts: Gender Effects In The Courts Of Appeals, Donald R. Songer, Sue Davis, Susan Haire
A Reappraisal Of Diversification In The Federal Courts: Gender Effects In The Courts Of Appeals, Donald R. Songer, Sue Davis, Susan Haire
Faculty Publications
Prior scholarship on the effect of the increasing number of female judges leads to three contrasting sets of expectations. Early writings and views of affirmative-action activists suggested that female judges would be more liberal than male judges. On the other hand, a series of empirical studies suggest that we should expect no gender differences. In contrast to both of these perspectives, several feminist scholars suggest that women will be more liberal only when that position expresses support for full participation in the community. These contrasting expectations were tested by analyzing the votes of appeals court decisions in three issue areas. …
A Punitive Damages Overview: Functions, Problems And Reform, David G. Owen
A Punitive Damages Overview: Functions, Problems And Reform, David G. Owen
Faculty Publications
No abstract provided.
How Reasonable Is The Reasonable Man?: Police And Excessive Force, Geoffrey P. Alpert, William C. Smith
How Reasonable Is The Reasonable Man?: Police And Excessive Force, Geoffrey P. Alpert, William C. Smith
Faculty Publications
The authority of the police to use force represents one of the most misunderstood powers granted to representatives of government. Police officers are authorized to use both psychological and physical force to apprehend criminals and solve crimes. This Article focuses on issues of physical force. After a brief introduction and a review of current legal issues in the use of force, the Article discusses "reasonableness" and the unrealistic expectation which is placed on police to understand, interpret, and follow vague "reasonableness" guidelines. Until the expectations and limitations on the use of force are clarified, in behavioral terms, police officers will …
A History Of The Opening Statement From Barristers To Corporate Lawyers: A Case Study Of South Carolina, W. Lewis Burke
A History Of The Opening Statement From Barristers To Corporate Lawyers: A Case Study Of South Carolina, W. Lewis Burke
Faculty Publications
No abstract provided.
The Moral Foundations Of Products Liability Law: Toward First Principles, David G. Owen
The Moral Foundations Of Products Liability Law: Toward First Principles, David G. Owen
Faculty Publications
No abstract provided.
The Fault Pit, David G. Owen
Basle Committee Minimum Standards : International Regulatory Response To The Failure Of Bcci, Duncan E. Alford
Basle Committee Minimum Standards : International Regulatory Response To The Failure Of Bcci, Duncan E. Alford
Faculty Publications
No abstract provided.
Products Liability: Principles Of Justice For The 21st Century, David G. Owen
Products Liability: Principles Of Justice For The 21st Century, David G. Owen
Faculty Publications
No abstract provided.
Policing Hot Pursuits: The Discovery Of Aleatory Elements, Geoffrey P. Alpert, Roger G. Dunham
Policing Hot Pursuits: The Discovery Of Aleatory Elements, Geoffrey P. Alpert, Roger G. Dunham
Faculty Publications
No abstract provided.
The Moral Foundations Of Punitive Damages, David G. Owen
The Moral Foundations Of Punitive Damages, David G. Owen
Faculty Publications
No abstract provided.
Judge David Bazelon: Questioning Authority (Review Essay), Geoffrey P. Alpert
Judge David Bazelon: Questioning Authority (Review Essay), Geoffrey P. Alpert
Faculty Publications
No abstract provided.
Neighborhood Differences In Attitudes Toward Policing: Evidence For A Mixed-Strategy Model Of Policing In A Multi-Ethnic Setting, Roger G. Dunham, Geoffrey P. Alpert
Neighborhood Differences In Attitudes Toward Policing: Evidence For A Mixed-Strategy Model Of Policing In A Multi-Ethnic Setting, Roger G. Dunham, Geoffrey P. Alpert
Faculty Publications
No abstract provided.
Nonpublication In The United States District Courts: Official Criteria Versus Inferences From Appellate Review, Donald R. Songer
Nonpublication In The United States District Courts: Official Criteria Versus Inferences From Appellate Review, Donald R. Songer
Faculty Publications
No abstract provided.
The Impact Of The Supreme Court On Trends In Economic Policy Making In The United States Courts Of Appeals, Donald R. Songer
The Impact Of The Supreme Court On Trends In Economic Policy Making In The United States Courts Of Appeals, Donald R. Songer
Faculty Publications
Previous impact research has primarily investigated controversial civil liberties decisions. The present study examines the response of the United States Courts of Appeals to changes in the labor and antitrust policies announced by the Supreme Court between 1950 and 1977. Significant impact was discovered. In each policy area, the decisional trends of the courts of appeals underwent a significant change after each of two policy shifts on the Supreme Court. Changes in the decisional trends of the courts of appeal were in the predicted direction even after controls were introduced for judges' party and holdover effects.
Musings On Modern Products Liability Law: A Foreward, David Owen
Musings On Modern Products Liability Law: A Foreward, David Owen
Faculty Publications
No abstract provided.
Respect For Law & Man: The Tort Law Of Chief Justice Kenison, David G. Owen
Respect For Law & Man: The Tort Law Of Chief Justice Kenison, David G. Owen
Faculty Publications
No abstract provided.