Law Commons^™

Hybrid Representation And Standby Counsel: Let's Clear The Air For The Attorneys Of South Carolina, Joshua L. Howard

South Carolina Law Review

No abstract provided.

The Cookie Monster: From Sesame Street To Your Hard Drive, Jessica J. Thrill

South Carolina Law Review

No abstract provided.

Another Factor In The "Decisional Calculus": The Learned Intermediary Doctrine, The Physician-Patient Relationship, And Direct-To-Consumer Marketing, Jeffrey J. Wiseman

South Carolina Law Review

No abstract provided.

Addendum

South Carolina Law Review

No abstract provided.

Stigma Damages: Defining The Appropriate Balance Between Full Compensation And Reasonable Certainty, Jennifer L. Young

South Carolina Law Review

No abstract provided.

Clark V. Cantrell: A Winfall For Negligent Plantiffs Or Preserving The Goals Of Punitive Damages?, Virginia G. Shelley

South Carolina Law Review

No abstract provided.

Grandparent Visitation Rights In South Carolina In The Wake Of Troxel V. Granville, M R. Mcmahn Jr.

South Carolina Law Review

No abstract provided.

Confusing Communications -- Analyzing South Carolina's Stance On Ex Parte Communication With Former Employees, Sharyn M. Epley

South Carolina Law Review

No abstract provided.

Raising The Social Security Retirement Ages: Weighing The Costs And Benefits, Kathryn L. Moore

Law Faculty Scholarly Articles

The Social Security program faces a long-term funding deficit. The Board of Trustees of the Federal Old-Age and Survivors and Disability Insurance ("OASDI") Trust Funds predicts that unless corrective action is taken, Social Security benefit payments will exceed dedicated tax revenues by the year 2015, and the Social Security program will become insolvent—unable to pay promised benefits in full-by the year 2037. As a result of this projected deficit, Social Security has become "a lightning rod for far reaching reform proposals."

Proposals range from "traditional" proposals that would maintain the basics of the program's revenue and benefit structure but would …

The Idea Of Progress In Copyright Law, Michael D. Birnhack

Buffalo Intellectual Property Law Journal

No abstract provided.

Licenses And The Uniform Computer Information Transactions Act, Cheon-Seok Seo

Buffalo Intellectual Property Law Journal

No abstract provided.

The Pirates Are Always With Us: What Can And Cannot Be Done About Unauthorized Use Of Mp3 Files On The Internet, David R. Johnstone

Buffalo Intellectual Property Law Journal

No abstract provided.

Teaching Torts Without Insurance: A Second-Best Solution, David A. Fischer, Robert H. Jerry Ii

Faculty Publications

Teachers, scholars and practitioners have long appreciated the symbiotic relationship of torts and insurance. Indeed, the assertion that tort law and insurance law are intertwined is utterly unremarkable; many commentators have observed that tort law cannot be understood if the business of insurance and the law regulating it is ignored, and that insurance law cannot be understood if tort law is ignored. Several generations of law students have read casebooks, which in varying degrees pay homage to the connections between torts and insurance. Many law review articles and noteworthy books (or portions thereof) have plumbed the tort-insurance relationship. Although one …

Book Review: Legal Traditions Of The World: Sustainable Diversity In Law, S. I. Strong

Faculty Publications

Combining a historically accurate analysis with a distinctly contemporary sensibility, H. Patrick Glenn invokes not only jurisprudential concepts as he explains the different legal traditions, but religious and sociological ideas as well.

That Someone Guilty Be Punished: The Impact Of The Icty In Bosnia, Diane Orentlicher

Research Reports & White Papers

In That Someone Guilty Be Punished, Diane F. Orentlicher, professor of law at American University, looks at the effects and effectiveness of the ICTY, including lessons to improve future efforts to provide justice for survivors of atrocious crimes. Perhaps most importantly, Orentlicher examines the impact of the tribunal through the words and experiences of those in whose name it was established: the victims and survivors. Their expectations, hopes, and disappointments are chronicled alongside the tribunal’s achievements and limitations. Based on hundreds of hours of interviews—and featuring the voices and perceptions of dozens of Bosnian interlocutors—That Someone Guilty Be …

The "Enabling Law": The Demise Of The Separation Of Powers In Hugo Chavez's Venezuela, Mario J. Garcia-Sierra

University of Miami Inter-American Law Review

No abstract provided.

Tainted Prosecution Of Tainted Claims: The Law, Economics, And Ethics Of Fighting Medical Fraud Under The Civil False Claims Act, Dayna Bowen Matthew

Indiana Law Journal

No abstract provided.

Checks On Participant Conduct In Compulsory Adr: Reconciling The Tension In The Need For Good-Faith Participation, Autonomy, And Confidentiality, Maureen A. Weston

Indiana Law Journal

No abstract provided.

Thresholds Of Private Cercla Liability: Redefining "Necessary" Under Section 107(A)(4)(B), Jennifer I. Fox

Indiana Law Journal

No abstract provided.

Reconceptualizing The Expert Witness: Social Costs, Current Controls And Proposed Responses, Jeffrey L. Harrison

UF Law Faculty Publications

Unlike virtually any other business, expert witnesses are not typically held accountable in either tort or contract law for their commercial activities. This means that many are inclined to deliver what the market demands - partisan, biased, or plainly dishonest testimony - without concern for the costs this testimony may impose on others. This immunity from the internalization of the social cost of their testimony is hard to reconcile with any moral or economic standard. Harsh judicial reactions to some experts and a slight increase in expert witness liability may signal that a change in the privileged status of experts …

Teaching Torts Without Insurance: A Second-Best Solution, David A. Fischer, Robert H. Jerry Ii

UF Law Faculty Publications

Teachers, scholars and practitioners have long appreciated the symbiotic relationship of torts and insurance. The authors examine how the study of torts is enriched when insurance concepts play a role in students' analysis. The discussion is divided into two parts. Part I offers a "macro" perspective on the connections between tort and insurance, summarizing the principal issues in play when the purposes of tort law are analyzed against the backdrop of first-party and third-party insurance compensation mechanisms. Part II provides a "micro" perspective on tort-insurance connections, taking a sample of discrete tort law principles, representative of those discussed in a …

You've Taken An Oath To Support The Constitution, Now What? The Constitutional Requirement For A Congressional Oath Of Office, Vic Snyder

University of Arkansas at Little Rock Law Review

No abstract provided.

Resurgence Of The Class Action Lawsuit In Employment Discrimination Cases: New Obstacles Presented By The 1991 Amendments To The Civil Rights Act, Scotty Shively

University of Arkansas at Little Rock Law Review

No abstract provided.

Arkansas Civil Rights Act - School Districts' Liability For Peer Abuse: Arkansas Supreme Court Holds School Districts Have No Duty To Protect Students From Each Other. Rudd V. Pulaski County Special School District, 341 Ark. 794, 20 S.W.3d 310 (2000)., Kimberly Miller

University of Arkansas at Little Rock Law Review

No abstract provided.

Immigration Practice In Arkansas: A Practitioners' Guide, Patrick W. Mcalpine, Melissa Mcjunkins-Duke

University of Arkansas at Little Rock Law Review

No abstract provided.

Table Of Contents

South Carolina Law Review

No abstract provided.

Vol. 10, No. 1 (Summer 2001)

Alumni Update

No abstract provided.

Call For Intellectual Honesty: A Response To The Uniform Mediation Act's Privilege Against Disclosure, A, J. Brad Reich

Journal of Dispute Resolution

I will discuss and respond to three potential concerns of creating confidentiality through contractual provision. First, contract provisions are not binding on persons not parties to the contract. As a purely legal principle this is undoubtedly correct, but I will argue that while contract provisions cannot specifically bind non-parties, they can decrease the risk of disclosure of mediation communications to and by non-parties. Second, while it is true that contractual provisions may be voided as violative of public policy, I will argue that courts have generally upheld contractual confidentiality provisions and only voided them when the need for confidentiality was …

Echazabal V. Chevron: A Direct Threat To Employers In The Ninth Circuit, Deborah Leigh Bender

Washington Law Review

Although Congress enacted the Americans with Disabilities Act (ADA) in part to protect disabled individuals from paternalism, the ADA permits employers to adopt a requirement that individuals not pose a direct threat to others in the workplace. The Equal Employment Opportunity Commission (EEOC) has determined that this direct threat defense also protects an employer who discharges or refuses to hire individuals who pose a direct threat to their own health or safety in the workplace. In Echazabal v. Chevron, the Ninth Circuit struck down the EEOC interpretation of direct threat on the ground that it was paternalistic and inconsistent …

Limited Liability Companies And The Federal Securities Laws: Congress Should Amend The Securities Laws To Avoid Coverage, George A. Burke Jr.

Indiana Law Journal

No abstract provided.