Law Commons^™

Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule

Public Law and Legal Theory Working Papers

To evaluate theories of interpretation, it is necessary to focus on institutional considerations—to ask how actual judges would use any proposed approach, and to investigate the possibility that an otherwise appealing approach will have unfortunate dynamic effects on private and public institutions. Notwithstanding this point, blindness to institutional considerations is pervasive. It can be found in the work of early commentators on interpretation, including that of Jeremy Bentham; in the influential work of H.L.A. Hart, Ronald Dworkin, and Henry Hart and Albert Sacks; and in much contemporary writing. This blindness to institutional considerations creates serious problems for the underlying theories. …

The Fate Of Separate But Equal In The Athletic Arena, Lee Schottenfeld

University of Miami Business Law Review

No abstract provided.

Media Violence: Different Times Call For Different Measures, Lisa Kimmel

University of Miami Business Law Review

No abstract provided.

Inter-Collegiate Athletics, Disability And The Rehabilitation Act: Where Does The Issue Lie?, Carlos A. Zumpano

University of Miami Business Law Review

No abstract provided.

Law Reviews And Academic Debate, Erik M. Jensen

Washington Law Review

This essay makes a simple point: When a law review publishes an article, the editors should be willing both to publish responses to that article and to give the author a chance to reply to critics. This shouldn't be a controversial principle, but, for far too many reviews today, it's not standard procedure.

Top 10 Tips On Writing For Professional Journals, Frank G. Houdek

Publications

The author provides ten suggestions for writers aspiring to publish in professional journals, ranging from writing about something you know to leaving yourself adequate time to revise and edit prior to a submission deadline.

After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover

Faculty Publications

In this Article, Professor Grover argues that courts too readily allow employers to avoid vicarious liability far supervisors' unlawful sexual harassment of subordinates. The Article explores the breadth of the affirmative defense first introduced in the Supreme Court's 1998 cases of Faragher v. Boca Raton and Burlington Indus., Inc. v. Ellerth. That defense clears an employer of liability for a supervisor's unlawful sexual harassment if (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer …

Gary Minda's Boycott In America: How Imagination And Ideology Shape The Legal Mind, Robert J. Steinfeld

Book Reviews

No abstract provided.

Title Page

South Carolina Law Review

No abstract provided.

A Voice Of Reason: The Products Liability Scholarship Of Gary T. Schwartz, Joseph A. Page

South Carolina Law Review

No abstract provided.

Manufacturing Defect, David G. Owen

South Carolina Law Review

No abstract provided.

Tort Liability For The Sale Of Non-Defective Products: An Anaylsis And Critque Of The Concept Of Negligent Marketing, Richard C. Ausness

South Carolina Law Review

No abstract provided.

Products At The Millennium: Traversing A Transverse Section, Marshall Shapo

South Carolina Law Review

No abstract provided.

Unmasking The Presumption In Favor Of Preemption, Mary J. Davis

South Carolina Law Review

No abstract provided.

Consumer Expectations, Jerry J. Phillips

South Carolina Law Review

No abstract provided.

Reverberations From The Collision Of Tort And Warranty, James J. White

South Carolina Law Review

No abstract provided.

Renegade Conduct And Punitive Damages In Tort, M. Stuart Madden

South Carolina Law Review

No abstract provided.

Products Liability In The United States Supreme Court: A Venture In Memory Of Gary Schwartz, Anita Bernstein

South Carolina Law Review

No abstract provided.

Bugs In Anglo-American Products Liability, Jane Stapleton

South Carolina Law Review

No abstract provided.

Table Of Contents

Southeastern Environmental Law Journal

No abstract provided.

Sustaining Urban Green Spaces: Can Public Parks Be Protected Under The Public Trust Doctrine, Serena M. Williams

Southeastern Environmental Law Journal

No abstract provided.

Critical Habitat Designations Under The Endangered Species Act: Giving Meaning To The Requirements For Habitat Protection, Amy Armstrong

Southeastern Environmental Law Journal

No abstract provided.

Fourth Circuit Elevates Likelihood Of Success On The Merits In Preliminary Injunction Analysis, Evander Whitehead

Southeastern Environmental Law Journal

No abstract provided.

An Introduction To The Essential Fish Habitat (Efh) Consultation Process For The South Atlantic Region, Kim Diana Connolly

Southeastern Environmental Law Journal

No abstract provided.

Unmasking The Presumption In Favor Of Preemption, Mary J. Davis

Law Faculty Scholarly Articles

It is inescapable: there is a presumption in favor of preemption. Historically, the Supreme Court has said differently-that, rather, there is a presumption against preemption. There is no such presumption any longer, if, indeed, there ever really was one. Preemption doctrine has been exceedingly puzzling in the last decade, but when one recognizes that the Court's doctrine not only favors preemption, but presumes it, preemption doctrine is not a puzzle at all.

This Article argues that the Supreme Court's recent preemption decisions compel the conclusion that the Court's preemption analysis has, in effect, created a presumption in favor of preemption, …

Towards A National Putative Father Registry Database, Mary M. Beck

Faculty Publications

This Article analyzes putative father registries and proposes federal legislation to create a national database that will enhance and connect the state and local registries. Issues and events leading to the development of registries are reviewed in Part I. Putative father registry mechanics and applicable case law are analyzed in Parts II and III.

Book Review: Freedom Of Religion Under The European Convention On Human Rights, S. I. Strong

Faculty Publications

Oxford University Press has initiated a new series on the European Convention on Human Rights and, in light of recent world events, could not have found a more timely first installment than Carolyn Evans's book on freedom of religion. However, the choice of topics is sound even when one sets aside the current interest in the interplay between law and religion.

May Harvey Rest In Peace: Lakin V. Postal Life And Casualty Company, Robert H. Jerry Ii

Faculty Publications

More than a quarter-century has passed since I entered law school as a first-year student and began what has become a career of reading, among other things, cases. I cannot even guess the number of cases I have read in the ensuing years. Most of them have been fairly ordinary, but many have been wonderful for one reason or another. Because I hope to read at least as many cases during my next twenty-five years (or more) of legal study, I am not yet ready to crown any particular case with the title of "my favorite," "the most significant," or …

Street Law, Winnie F. Taylor

Faculty Scholarship

No abstract provided.

Wall Street V. Main Street: The Sec's New Regulation Fd And Its Impact On Market Participants, D. Casey Kobi

Indiana Law Journal

No abstract provided.