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Articles 1 - 30 of 78
Full-Text Articles in Law
Deporting Grandma: Why Grandparent Deportation May Be The Next Big Immigration Crisis And How To Solve It, Marcia A. Yablon-Zug
Deporting Grandma: Why Grandparent Deportation May Be The Next Big Immigration Crisis And How To Solve It, Marcia A. Yablon-Zug
Faculty Publications
This Article explores the issue of grandparent caregiver deportation. The phenomenon of grandparents raising grandchildren is not new, but the number of children being raised by grandparents is at an all-time high and growing. Numerous circumstances can lead to a grandparent's assumption of caregiving responsibilities, but in most cases, grandparents assume this role because there is no one else. For thousands of children, grandparents are the only family they have, and without them these children would be placed in foster care and subject to the serious problems that plague children in foster care. The importance of grandparent caregivers cannot be …
Policy, Perspective, And The Proxy Will, Ralph C. Brashier
Policy, Perspective, And The Proxy Will, Ralph C. Brashier
South Carolina Law Review
No abstract provided.
From Privacy To Liberty: The Fourth Amendment After Lawrence, Thomas P. Crocker
From Privacy To Liberty: The Fourth Amendment After Lawrence, Thomas P. Crocker
Faculty Publications
This Article explores a conflict between the protections afforded interpersonal relations in Lawrence v. Texas and the vulnerability experienced under the Fourth Amendment by individuals who share their lives with others. Under the Supreme Court's third-party doctrine, we have no constitutionally protected expectation of privacy in what we reveal to other persons. The effect of this doctrine is to leave many aspects of ordinary life shared in the company of others constitutionally unprotected. In an increasingly socially networked world, the Fourth Amendment may fail to protect precisely those liberties-to live in the company of others free from state surveillance and …
We Have A "Purpose" Requirement If We Can Keep It, James F. Flanagan
We Have A "Purpose" Requirement If We Can Keep It, James F. Flanagan
Faculty Publications
The Supreme Court in Giles v. California held that a defendant forfeits the right to confront a witness only when he purposefully keeps the witness away. Many see the "purpose" requirement as an unjustified bar to the use of victim hearsay, particularly in domestic violence prosecutions where victims often refuse to appear. The author defends Giles as a correct reading of history, and independently justified by longstanding precedent that constitutional trial rights can only be lost by intentional manipulation of the judicial process. Moreover, the purpose requirement does not prevent prosecutions or convictions because the definition of testimonial hearsay is …
The Equal Protection Class Of One Claim: Olech, Enquist, And The Supreme Court's Misadventure, Robert C. Farrell
The Equal Protection Class Of One Claim: Olech, Enquist, And The Supreme Court's Misadventure, Robert C. Farrell
South Carolina Law Review
No abstract provided.
The Height Of Sophistication: Law And Professionalism In The City-State Of Charleston, South Carolina, 1670-1775, William E. Nelson
The Height Of Sophistication: Law And Professionalism In The City-State Of Charleston, South Carolina, 1670-1775, William E. Nelson
South Carolina Law Review
No abstract provided.
Refuge From A Jurisprudence Of Doubt: Hohfeldian Analysis Of Constitutional Law, Allen Thomas O'Rourke
Refuge From A Jurisprudence Of Doubt: Hohfeldian Analysis Of Constitutional Law, Allen Thomas O'Rourke
South Carolina Law Review
No abstract provided.
You Can't Have Your Cake And Eat It Too: The Standards For Establishing Apparent Agency, Johnathan E. Schulz
You Can't Have Your Cake And Eat It Too: The Standards For Establishing Apparent Agency, Johnathan E. Schulz
South Carolina Law Review
No abstract provided.
The Spirit Of The Legal Academy -- For Three Years Or For Life?: Some Personal Observations, Robert T. Bockman
The Spirit Of The Legal Academy -- For Three Years Or For Life?: Some Personal Observations, Robert T. Bockman
South Carolina Law Review
No abstract provided.
Rosenfield V. Wilkins, Andrew R. Deholl
Rosenfield V. Wilkins, Andrew R. Deholl
South Carolina Law Review
No abstract provided.
Dancing The Texas Two-Step: What Does Rothgery V. Gillespie County Mean For The Sixth Amendment Right To Counsel In South Carolina, Carla J. Patat
Dancing The Texas Two-Step: What Does Rothgery V. Gillespie County Mean For The Sixth Amendment Right To Counsel In South Carolina, Carla J. Patat
South Carolina Law Review
No abstract provided.
Barbe V. Mcbride, Thomas W. Traxler Jr.
Barbe V. Mcbride, Thomas W. Traxler Jr.
South Carolina Law Review
No abstract provided.
The Spirit Of The Legal Academy – For Three Years Or For Life?: Some Personal Observations, Robert T. Bockman
The Spirit Of The Legal Academy – For Three Years Or For Life?: Some Personal Observations, Robert T. Bockman
Faculty Publications
No abstract provided.
The Advent Of Digital Diaries: Implications Of Social Networking Web Sites For The Legal Profession, Kathrine Minotti
The Advent Of Digital Diaries: Implications Of Social Networking Web Sites For The Legal Profession, Kathrine Minotti
South Carolina Law Review
No abstract provided.
Unwanted Advances: Civil Commitment And Congress's Illicit Use Of The Commerce Clause--United States V. Comstock, Miles Coleman
Unwanted Advances: Civil Commitment And Congress's Illicit Use Of The Commerce Clause--United States V. Comstock, Miles Coleman
South Carolina Law Review
No abstract provided.
Foreword: Memorial To Kathryn Anne Bockman, Jean H. Toal
Foreword: Memorial To Kathryn Anne Bockman, Jean H. Toal
South Carolina Law Review
No abstract provided.
Clarifying The Test For Design Defects In South Carolina, William L. Mills
Clarifying The Test For Design Defects In South Carolina, William L. Mills
South Carolina Law Review
No abstract provided.
Vital Surgery Or Unnecessary Procedure? Rethinking The Propriety Of Hospital Liability For Negligent Credentialing, Andrew R. Deholl
Vital Surgery Or Unnecessary Procedure? Rethinking The Propriety Of Hospital Liability For Negligent Credentialing, Andrew R. Deholl
South Carolina Law Review
No abstract provided.
Foreword, Karen J. Williams
United States V. Newland, Brett Hubler
United States V. Newland, Brett Hubler
South Carolina Law Review
No abstract provided.
Who's Guiding South Carolina's Securities Jurisprudence?: A Major Opportunity To Reapproach South Carolina Securities Law, Justin P. Novak
Who's Guiding South Carolina's Securities Jurisprudence?: A Major Opportunity To Reapproach South Carolina Securities Law, Justin P. Novak
South Carolina Law Review
No abstract provided.
Reconciling The South Carolina Death Penalty Statute With The Sixth Amendment, Thomas W. Traxler Jr.
Reconciling The South Carolina Death Penalty Statute With The Sixth Amendment, Thomas W. Traxler Jr.
South Carolina Law Review
No abstract provided.
In Re Cotton Yarn Antitrust Litigation, Christopher M. Huber
In Re Cotton Yarn Antitrust Litigation, Christopher M. Huber
South Carolina Law Review
No abstract provided.
Page V. Lexington County School District One, Blaire C. Lowery
Page V. Lexington County School District One, Blaire C. Lowery
South Carolina Law Review
No abstract provided.
Book Review - Hiring And Firing, Rebekah K. Maxwell
Book Review - Hiring And Firing, Rebekah K. Maxwell
Faculty Publications
No abstract provided.
A View From The Trenches: The Legal Practitioner And Loss Mitigation, Samuel C. Waters
A View From The Trenches: The Legal Practitioner And Loss Mitigation, Samuel C. Waters
South Carolina Law Review
No abstract provided.
Not Very Collegial: Exploring Bans On Illegal Immigrant Admissions To State Colleges And Universities, Marcia A. Yablon-Zug, Danielle R. Holley-Walker
Not Very Collegial: Exploring Bans On Illegal Immigrant Admissions To State Colleges And Universities, Marcia A. Yablon-Zug, Danielle R. Holley-Walker
Faculty Publications
No abstract provided.