Law Commons^™

Briefing Paper On Problems In Redefining "Loss" (U.S. Sentencing Commission Economic Crime Symposium), Frank O. Bowman Iii

Faculty Publications

On October 12-13, 2000, the U.S. Sentencing Commission sponsored its Third Symposium On Crime and Punishment in the United States: Federal Sentencing Policy for Economic Crimes and New Technology Offenses. The afternoon of the first day of the meeting was devoted to discussing the concept of “loss” as a measurement of defendant culpability and offense seriousness. The conferees were divided into small groups to discuss discrete sub-issues relating to “loss” and its place in sentencing economic crimes under the Guidelines. Following the small group discussions, the discussion leaders (“facilitators”) addressed a plenary session of the conference to report on the …

Liability Without Cause? Further Ruminations On Cause-In-Fact As Applied To Handgun Liability, Aaron Twerski, A. J. Sebok

Faculty Scholarship

No abstract provided.

Actual Versus Legal Control: Reading Vicarious Liability For Copyright Infringement Into The Digital Millennium Copyright Act Of 1998, Charles S. Wright

Washington Law Review

Title 11 of the Digital Millennium Copyright Act of 1998 purports to limit the liability of Internet service providers that have been found vicariously liable for copyright infringement. However, by basing this limitation on the absence of the "benefit" and "control" elements of the common law test for vicarious liability, the plain language of Title II, codified at 17 U.S.C. § 512, appears to preclude statutory protection once a court has found a service provider vicariously liable. This Comment argues that courts must read a narrow definition of "actual" control into 17 U.S.C. § 512(c)(1)(B) in order to preserve the …

The Best-Laid Plans, Carl E. Schneider

Articles

It is natural to suppose law is like the centurion and can do as it will: "I say to this man, Go, and he goeth; and to another, Come, and he cometh; and to my servant, Do this, and he doeth it." But a thousand years ago, King Canute tried to disillusion his courtiers about his efficacy by commanding the waves to stop beating. And fifty years ago, Harry Truman predicted of Dwight Eisenhower, "He'll sit here, and he'll say, 'Do this! Do that!' And nothing will happen. Poor Ike-it won't be a bit like the Army. He'll find it …

State V. Higgenbottom: Must A Criminal Defendant Endure The Wrath Of A Vindictive Judge, Nancy Fennell

South Carolina Law Review

No abstract provided.

Control Provisions Of The South Carolina Code: Corporations Versus Limited Liability Companies, Thomas Alexander Bumgardt

South Carolina Law Review

No abstract provided.

Beaufort County Board Of Education V. Lighthouse Charter School Committee: Racial Balancing Provisions In South Carolina Charter Schools Act Flunks The Strict Scrutiny Test, John G. Moore

South Carolina Law Review

No abstract provided.

Title Page

South Carolina Law Review

No abstract provided.

Table Of Contents

South Carolina Law Review

No abstract provided.

Unchartered Territory: Personal Jurisdiction In The Internet Age2, Felix C. Pelzer

South Carolina Law Review

No abstract provided.

Al-Shabazz V. State: Excluding Noncollateral Claims From The Scope Of Post-Conviction Relief, D. Josev Brewer

South Carolina Law Review

No abstract provided.

Employers Beware: South Carolina's Public Policy Exception To The At-Will Employment Doctrine Is Likely To Keep Expanding, Melanie Robin Galberry

South Carolina Law Review

No abstract provided.

Relocation Cases As Change In Custody Proceedings: Judicial Blackmail Or Competing Interests Reconciled, Caroline Ritchie Heil

South Carolina Law Review

No abstract provided.

Litigating Nightmares: Repressed Memories Of Childhood Sexual Abuse, Laura Johnson

South Carolina Law Review

No abstract provided.

Guarding The Gate To Expert Testimony: Kumho Tire Co. V. Carmichael And State V. Council, Kari `. Thorsvold

South Carolina Law Review

No abstract provided.

Slocumb, Lyle, And Expert Testimony In South Carolina, Justin Werner

South Carolina Law Review

No abstract provided.

Vermeer Carolina's, Inc. V. Wood/Chuck Chipper Corp.: South Carolina's Suboptimal Approach To Idemnity Claims Of Retailers Against Manufacturers Of Defective Products, R. W. T.

South Carolina Law Review

No abstract provided.

To (B) Or Not To (B): The Future Of Aider And Abettor Liability In South Carolina, Josephine T. Willis

South Carolina Law Review

No abstract provided.

Video Poker: A Survey Of Recent Developments Surrounding The Legal And Moral Debate, Harriet P. Luttrell

South Carolina Law Review

No abstract provided.

Environmental Endgame: Destruction For Amusement And A Sustainable Civilization, Daniel M. Warner

Southeastern Environmental Law Journal

No abstract provided.

Transboundary Groundwater Pollution: The Impact Of Evolving Groundwater Use Laws On Salt Water Intrusion Of The Floridian Aquifer Along The South Carolina-Georgia Border, J. Marshall Lawson

Southeastern Environmental Law Journal

No abstract provided.

What Does The City Of Monterey Decision Mean For Local Government Land-Use Power, Tara Disy Allden

Southeastern Environmental Law Journal

No abstract provided.

Potentially Responsible Persons Preclused From Cercla Cost Recovery Claims, Wade Cooper

Southeastern Environmental Law Journal

No abstract provided.

Court Of Appeals For The District Of Columbia Circuit Restricts The Epa's Authority In American Petroleum Inst. V. United States Evntl. Protection Agency, Peter M. Balthazor

Southeastern Environmental Law Journal

No abstract provided.

Ohio District Court Continues Retroactive Application Of Cercla, J. Hagood Hamilton

Southeastern Environmental Law Journal

No abstract provided.

The Insidious Remnants Of State Rules Respecting Capital Formation, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

As we move into the Twenty-First Century, state blue sky laws and regulations continue to govern a significant portion of the capital formation activities of our domestic businesses. As a result, state administrators, influenced by their historically informed preferences and local traditions, continue to play important roles when businesses attempt to access external capital sources.

Today, however, the effects of state blue sky laws, regulations, and administrators on capital formation are felt almost exclusively by small businesses. The capital formation activities of larger businesses generally have been freed from state control, most recently by the preemption contained in the National …

Law, Business, And Politics: Liability For Accidents In Georgia, 1846-1880, James L. Hunt

Articles

No abstract provided.

Differentiating The Free Exercise And Establishment Clauses, Carl H. Esbeck

Faculty Publications

The purpose of the Establishment Clause is not to safeguard individual religious rights. That is the role of the Free Exercise Clause, indeed its singular role. The purpose of the Establishment Clause, rather, is as a structural restraint on governmental power. Because of its structural character, the task of the Establishment Clause is to limit government from legislating or otherwise acting on any matter "respecting an establishment of religion." The powers that fall within the scope of the foregoing clause (denied to government, hence within the sole province of religion) and the powers outside this clause (hence, authority vested in …

States Starting To Offer Legal Protection For Apology, Richard C. Reuben

Faculty Publications

There is a small trend a-foot in the state legislatures, and a welcome one at that: Providing some legal protection for people who want to apologize for their role in a harm, but who are fearful because of the possibility that their apologies will later be used against them in legal proceedings.

A Partial History Of Umkc School Of Law: The 'Minority Report', Robert C. Downs, Harry D. Pener, Steven D. Gilley

Faculty Works

In the modern era efforts at recruitment, selection, admission and retention of minorities to law school, while not always consistent, began and now continue to emphasize not only the manner in which a truly diverse student body enhances and enriches the learning experience of all students, but also the need to remedy the inequities and indignities visited by past discrimination. Any perspective on this law school's experience in minority recruitment, admissions and retention, necessitates at least an acknowledgment of the historical context in which the law school began and the social-political climate in which it developed. The announcement of the …