Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 75

Full-Text Articles in Law

Table Of Contents Oct 2008

Table Of Contents

South Carolina Law Review

No abstract provided.


Sweet Land Of Property?: The History, Symbols, Rhetoric, And Theory Behind The Ordering Of The Rights To Liberty And Property In The Constitutional Lexicon, Steven Semeraro Oct 2008

Sweet Land Of Property?: The History, Symbols, Rhetoric, And Theory Behind The Ordering Of The Rights To Liberty And Property In The Constitutional Lexicon, Steven Semeraro

South Carolina Law Review

No abstract provided.


Step Right Up: Using Consumer Decision Making Theory To Teach Research Process In The Electronic Age, Amy E. Sloan Oct 2008

Step Right Up: Using Consumer Decision Making Theory To Teach Research Process In The Electronic Age, Amy E. Sloan

South Carolina Law Review

No abstract provided.


The Scope Of A Bargain And The Value Of A Promise, Donald J. Smythe Oct 2008

The Scope Of A Bargain And The Value Of A Promise, Donald J. Smythe

South Carolina Law Review

No abstract provided.


For A Few Dollars More: The Perplexing Problem Of Unethical Billing Practices By Lawyers, Douglas R. Richmond Oct 2008

For A Few Dollars More: The Perplexing Problem Of Unethical Billing Practices By Lawyers, Douglas R. Richmond

South Carolina Law Review

No abstract provided.


How Corporate Lawyers Escaped Sarbanes-Oxley: Disparate Treatment In The Legislative Process, Brent J. Horton Oct 2008

How Corporate Lawyers Escaped Sarbanes-Oxley: Disparate Treatment In The Legislative Process, Brent J. Horton

South Carolina Law Review

No abstract provided.


Book Review - Climate Change: A Guide To Carbon Law And Practice, Rebekah K. Maxwell Sep 2008

Book Review - Climate Change: A Guide To Carbon Law And Practice, Rebekah K. Maxwell

Faculty Publications

No abstract provided.


Reflections On Justice Kennedy's Opinion In Parents Involved: Why Fifty Years Of Experience Shows Kennedy Is Right, Kevin D. Brown Jul 2008

Reflections On Justice Kennedy's Opinion In Parents Involved: Why Fifty Years Of Experience Shows Kennedy Is Right, Kevin D. Brown

South Carolina Law Review

No abstract provided.


Gonzales V. Carhart: Continuing The Class Critique Of The Reproductive Rights Doctrine And Movement, Pamela Bridgwater Jul 2008

Gonzales V. Carhart: Continuing The Class Critique Of The Reproductive Rights Doctrine And Movement, Pamela Bridgwater

South Carolina Law Review

No abstract provided.


The Availability And Viability Of Socioeconomic Integration Post-Parent Involved, Eboni S. Nelson Jul 2008

The Availability And Viability Of Socioeconomic Integration Post-Parent Involved, Eboni S. Nelson

South Carolina Law Review

No abstract provided.


From Bad To Worse: Some Early Speculation About The Roberts Court And The Constitutional Fate Of The Poor, Andrew M. Siegel Jul 2008

From Bad To Worse: Some Early Speculation About The Roberts Court And The Constitutional Fate Of The Poor, Andrew M. Siegel

South Carolina Law Review

No abstract provided.


The Uncertain Future Of School Desegregation And The Importance Of Goodwill, Good Sense, And A Misguided Decision, Derek W. Black Jul 2008

The Uncertain Future Of School Desegregation And The Importance Of Goodwill, Good Sense, And A Misguided Decision, Derek W. Black

Faculty Publications

The article was part of a symposium on the jurisprudence of Supreme Court Justice Sandra Day O’Connor. First, the article analyzed whether the Court’s decision in Parents Involved v. Seattle Schools was consistent with Justice O’Connor’s majority opinion in Grutter v. Bollinger. The article concludes that Parents Involved narrowly construed the holding in Grutter and limited its effect. Second, the article assessed the practical import of the decision in Parents Involved. It found that the opinion made voluntary desegregation more difficult than it otherwise would be and, thus, would discourage many school districts from taking progressive action. Unfortunately, the article …


The Availability And Viability Of Socioeconomic Integration Post-Parents Involved, Eboni S. Nelson Jul 2008

The Availability And Viability Of Socioeconomic Integration Post-Parents Involved, Eboni S. Nelson

Faculty Publications

No abstract provided.


Justice Kennedy's Gendered World, David S. Cohen Jul 2008

Justice Kennedy's Gendered World, David S. Cohen

South Carolina Law Review

No abstract provided.


Notes From A Climate Change Pressure-Cooker: Sub-Federal Attempts At Transformation Meet National Resistance In The Usa, Cinnamon P. Carlarne Jul 2008

Notes From A Climate Change Pressure-Cooker: Sub-Federal Attempts At Transformation Meet National Resistance In The Usa, Cinnamon P. Carlarne

Faculty Publications

No abstract provided.


A Constitutional Right To Learn: The Uncertain Allure Of Making A Federal Case Out Of Education, Daniel S. Greenspahn Jul 2008

A Constitutional Right To Learn: The Uncertain Allure Of Making A Federal Case Out Of Education, Daniel S. Greenspahn

South Carolina Law Review

No abstract provided.


Judicial Modesty And Abortion, Teresa Collett Jul 2008

Judicial Modesty And Abortion, Teresa Collett

South Carolina Law Review

No abstract provided.


To Infinity And Beyond: The Problem Of Open-Ended Product Claim Language In The Unpredictable Arts,, John P. Zimmer Jul 2008

To Infinity And Beyond: The Problem Of Open-Ended Product Claim Language In The Unpredictable Arts,, John P. Zimmer

South Carolina Law Review

No abstract provided.


Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James Jul 2008

Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James

South Carolina Law Review

No abstract provided.


Table Of Contents Jul 2008

Table Of Contents

South Carolina Law Review

No abstract provided.


What Counts As Discrimination In Ledbetter And The Implications For Sex Equality Law, Deborah L. Brake Jul 2008

What Counts As Discrimination In Ledbetter And The Implications For Sex Equality Law, Deborah L. Brake

South Carolina Law Review

No abstract provided.


The Practical Effects Of Delegation: Agencies And The Zoning Of Public Land And Seas, Josh Eagle May 2008

The Practical Effects Of Delegation: Agencies And The Zoning Of Public Land And Seas, Josh Eagle

Faculty Publications

No abstract provided.


Table Of Contents Apr 2008

Table Of Contents

South Carolina Law Review

No abstract provided.


Design Defects, David G. Owen Apr 2008

Design Defects, David G. Owen

Faculty Publications

No abstract provided.


Gone But Not Forgotten: The Strange Afterlife Of The Jay Treaty's Indian Free Passage Right, Marcia A. Yablon-Zug Apr 2008

Gone But Not Forgotten: The Strange Afterlife Of The Jay Treaty's Indian Free Passage Right, Marcia A. Yablon-Zug

Faculty Publications

No abstract provided.


Overcoming Necessity: Torture And The State Of Constitutional Culture, Thomas P. Crocker Apr 2008

Overcoming Necessity: Torture And The State Of Constitutional Culture, Thomas P. Crocker

Faculty Publications

No abstract provided.


Substantive Due Process Limits On Punitive Damage Awards: "Morals Without Technique"?, F. Patrick Hubbard Apr 2008

Substantive Due Process Limits On Punitive Damage Awards: "Morals Without Technique"?, F. Patrick Hubbard

Faculty Publications

In a series of cases decided over the last two decades, the Supreme Court has used the Due Process Clause to establish a procedural and substantive framework for awarding punitive damages. Initially, the substantive aspects of this framework were sufficiently clear and flexible that they required little change in the system and probably generated a helpful level of debate and uniformity as to some basic requirements for awards. However, in BMW of North America, Inc. v. Gore, the Court adopted an approach characterized by a lack of clarity and consistency, an inadequate basis in theory and policy, and ad hoc …


Negligent Entrustment In South Carolina: An Analysis Of South Carolina's Consistent Application And Inconsistent Statements Of The Standard After Gadson V. Eco Services Of South Carolina, Inc., Robert H. Mcwilliams Jr. Apr 2008

Negligent Entrustment In South Carolina: An Analysis Of South Carolina's Consistent Application And Inconsistent Statements Of The Standard After Gadson V. Eco Services Of South Carolina, Inc., Robert H. Mcwilliams Jr.

South Carolina Law Review

No abstract provided.


Mccullough V. Goodrich & (And) Pennington Mortgage Fund, Inc.: Are Secured Creditors Really Secure From Third Party Impairment Of Collateral, R, Davis Rice Apr 2008

Mccullough V. Goodrich & (And) Pennington Mortgage Fund, Inc.: Are Secured Creditors Really Secure From Third Party Impairment Of Collateral, R, Davis Rice

South Carolina Law Review

No abstract provided.


Banning The Flames: Constitutionality, Preemption, And Local Smoking Ordinances, Miles Coleman Apr 2008

Banning The Flames: Constitutionality, Preemption, And Local Smoking Ordinances, Miles Coleman

South Carolina Law Review

No abstract provided.