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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 Nov 2009

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 Oct 2009

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 Oct 2009

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 Oct 2009

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 Oct 2009

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.


Table Of Contents Oct 2009

Table Of Contents

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 Oct 2009

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 Oct 2009

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 Jul 2009

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 Jul 2009

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 Jul 2009

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 Jul 2009

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. Jul 2009

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 Jul 2009

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 Jul 2009

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 Jul 2009

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.


Table Of Contents Jul 2009

Table Of Contents

South Carolina Law Review

No abstract provided.


Foreword: Memorial To Kathryn Anne Bockman, Jean H. Toal Jul 2009

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 Jul 2009

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 Jul 2009

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 Jul 2009

Foreword, Karen J. Williams

South Carolina Law Review

No abstract provided.


United States V. Newland, Brett Hubler Jul 2009

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 Jul 2009

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. Jul 2009

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 Jul 2009

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 Jul 2009

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 Jun 2009

Book Review - Hiring And Firing, Rebekah K. Maxwell

Faculty Publications

No abstract provided.


Table Of Concert Apr 2009

Table Of Concert

South Carolina Law Review

No abstract provided.


A View From The Trenches: The Legal Practitioner And Loss Mitigation, Samuel C. Waters Apr 2009

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 Apr 2009

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.