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2011

University of South Carolina

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Articles 1 - 30 of 67

Full-Text Articles in Law

Presidential Power And Constitutional Responsibility, Thomas P. Crocker Nov 2011

Presidential Power And Constitutional Responsibility, Thomas P. Crocker

Faculty Publications

Some constitutional theorists defend unbounded executive power to respond to emergencies or expansive discretionary powers to complete statutory directives. Against these anti-Madisonian approaches, this Article examines how the textual assignment of republican virtues helps to constitute and constrain the president's power. The Madisonian solution for constitutional constraint both creates institutions for unenlightened statesmen and relies on virtue to make governing possible. Constitutional responsibility is a consistent textual theme found in the command to "take Care that the Laws be faithfully executed," the responsibility to remain faithful to the office of president, and the obligation to preserve the Constitution itself ...


Modern Police Practices: Arizona V. Gant's Illusory Restriction Of Vehicle Searches Incident To Arrest, Seth W. Stoughton Nov 2011

Modern Police Practices: Arizona V. Gant's Illusory Restriction Of Vehicle Searches Incident To Arrest, Seth W. Stoughton

Faculty Publications

In 2009, the Supreme Court overturned thirty years of precedent with a decision that purported to dramatically cut back on the ability of law enforcement officers to conduct warrantless vehicle searches incident to the arrest of a vehicle occupant. Scholars and commentators celebrated Arizona v. Gant’s constraint of police, and subsequent scholarship has focused exclusively on peripheral concerns such as alternative justifications for warrantless searches and Gant’s effect on non-vehicle searches. This Note challenges the core assumption that Gant will substantially limit vehicle searches incident to arrest, contending that Gant is far more permissive than it appears. In ...


Table Of Contents Oct 2011

Table Of Contents

South Carolina Law Review

No abstract provided.


What Does Cfaa Mean And Why Should I Care - A Primer On The Computer Fraud And Abuse Act For Civil Litigators, Shawn E. Tuma Oct 2011

What Does Cfaa Mean And Why Should I Care - A Primer On The Computer Fraud And Abuse Act For Civil Litigators, Shawn E. Tuma

South Carolina Law Review

No abstract provided.


Making Sense Of Twombly, Edward D. Cavanaugh Oct 2011

Making Sense Of Twombly, Edward D. Cavanaugh

South Carolina Law Review

No abstract provided.


From Barbarity To Regularity: A Case Study Of Unnecesarean Malpractice Claims, Jamie Abrams Oct 2011

From Barbarity To Regularity: A Case Study Of Unnecesarean Malpractice Claims, Jamie Abrams

South Carolina Law Review

No abstract provided.


No Harm, No Foul - Why Harmless Error Analysis Should Not Be Used To Review Wrongful Denials Of Counsel To Parents In Child Welfare Cases, Vivek Sankaran Oct 2011

No Harm, No Foul - Why Harmless Error Analysis Should Not Be Used To Review Wrongful Denials Of Counsel To Parents In Child Welfare Cases, Vivek Sankaran

South Carolina Law Review

No abstract provided.


The Law School Firm, Bradley T. Borden, Robert J. Rhee Oct 2011

The Law School Firm, Bradley T. Borden, Robert J. Rhee

South Carolina Law Review

No abstract provided.


A Critical Perspective On The Interplay Between Our Federal Labor And Arbitration Laws, Kenneth T. Lopatka Oct 2011

A Critical Perspective On The Interplay Between Our Federal Labor And Arbitration Laws, Kenneth T. Lopatka

South Carolina Law Review

No abstract provided.


The Case For Tradable Tax Credits, Clint Wallace Oct 2011

The Case For Tradable Tax Credits, Clint Wallace

Faculty Publications

This note argues that tradable tax credits offer advantages as compared to other mechanisms the federal government can use to affect social and economic policy. Policymakers should consider the tradable tax credit as a potentially desirable form of tax incentive, rather than a necessity of political compromise as was the case in the enactment of existing tradable credits. First, the note establishes that tradable tax credits can be the economic equivalent of direct spending programs and of refundable tax credits. Next, the note examines a limited but significant set of circumstances in which the tradable tax credit can offer efficiency ...


Book Review: Concepts In Law: Whom Should You Trust? Plans, Pragmatism, And Legality, Thomas P. Crocker Jul 2011

Book Review: Concepts In Law: Whom Should You Trust? Plans, Pragmatism, And Legality, Thomas P. Crocker

Faculty Publications

No abstract provided.


Abandoned Ship!: Legal Approaches To South Carolina's Derelict Vessel Problem, Susanna C. Brailsford Jul 2011

Abandoned Ship!: Legal Approaches To South Carolina's Derelict Vessel Problem, Susanna C. Brailsford

South Carolina Law Review

No abstract provided.


Table Of Contents Jul 2011

Table Of Contents

South Carolina Law Review

No abstract provided.


Punitive Damages In South Carolina: With Clarity Comes Uncertainty, Kyle A. Brannon Jul 2011

Punitive Damages In South Carolina: With Clarity Comes Uncertainty, Kyle A. Brannon

South Carolina Law Review

No abstract provided.


Who Has More Privacy?: State V. Brown And Its Effect On South Carolina Criminal Defendants, Jaclyn L. Mcandrew Jul 2011

Who Has More Privacy?: State V. Brown And Its Effect On South Carolina Criminal Defendants, Jaclyn L. Mcandrew

South Carolina Law Review

No abstract provided.


Not Perfect, But Better Than Most: South Carolina's Tpr Process And Its Surprisingly Fair Treatment Of Incarcerated Parents, Stuart M. Jones Jr. Jul 2011

Not Perfect, But Better Than Most: South Carolina's Tpr Process And Its Surprisingly Fair Treatment Of Incarcerated Parents, Stuart M. Jones Jr.

South Carolina Law Review

No abstract provided.


Hanging Out Your Virtual Shingle: A Look At How South Carolina's Ethics Rules Concerning Attorney Communications, Advertising, And Solicitation Apply To Virtual Worlds, Jeffrey I. Silverberg Jul 2011

Hanging Out Your Virtual Shingle: A Look At How South Carolina's Ethics Rules Concerning Attorney Communications, Advertising, And Solicitation Apply To Virtual Worlds, Jeffrey I. Silverberg

South Carolina Law Review

No abstract provided.


Fair Representation In The South Carolina Corporate Income Tax: Combined Reporting As Equiatable Apportionment After Media General Communications, Inc. V. South Carolina Department Of Revenue, Richard I. Simons Jul 2011

Fair Representation In The South Carolina Corporate Income Tax: Combined Reporting As Equiatable Apportionment After Media General Communications, Inc. V. South Carolina Department Of Revenue, Richard I. Simons

South Carolina Law Review

No abstract provided.


Products Liability Law For Design Defects In South Carolina: The Aftermath Of Branham V. Ford Motor Co., J. R. White Jr. Jul 2011

Products Liability Law For Design Defects In South Carolina: The Aftermath Of Branham V. Ford Motor Co., J. R. White Jr.

South Carolina Law Review

No abstract provided.


Taking International Law At Its Word And Its Spirit: Re-Envisioning Responsibility To Protect As A Binding Principle Of International Law, Tessa R. Davis Jul 2011

Taking International Law At Its Word And Its Spirit: Re-Envisioning Responsibility To Protect As A Binding Principle Of International Law, Tessa R. Davis

Faculty Publications

No abstract provided.


Lost In Doctrine: Particular Social Group, Child Soldiers And The Failure Of U.S. Asylum Law To Protect Exploited Children, Tessa R. Davis Apr 2011

Lost In Doctrine: Particular Social Group, Child Soldiers And The Failure Of U.S. Asylum Law To Protect Exploited Children, Tessa R. Davis

Faculty Publications

Exploited and persecuted, child soldiers live lives dominated by violence, fear, and death. Very few will find security within their own nations or abroad. Subjected to exclusionary bars or rigid interpretations of the particular social group ground for asylum, U.S. asylum law frequently functions to exclude those lucky few children who are able to escape their persecutors. Scholars writing on child soldiers and asylum law focus, almost exclusively, on the exclusionary bars and question of whether children are persecutors or victims of atrocities. These concerns are critical because how courts view child soldiers determines whether they will grant or ...


Ostergren V. Cuccinelli, Joshua A. Bennett Apr 2011

Ostergren V. Cuccinelli, Joshua A. Bennett

South Carolina Law Review

No abstract provided.


South Carolina Green Party V. South Carolina State Election Commission, Susanna C. Brailsford Apr 2011

South Carolina Green Party V. South Carolina State Election Commission, Susanna C. Brailsford

South Carolina Law Review

No abstract provided.


United States V. Said & United States V. Hasan, William C. Mckinney Apr 2011

United States V. Said & United States V. Hasan, William C. Mckinney

South Carolina Law Review

No abstract provided.


What Can We Demand Of Judges In Return For Independence?, David Klein Apr 2011

What Can We Demand Of Judges In Return For Independence?, David Klein

South Carolina Law Review

No abstract provided.


Religion And Law, John Laws Apr 2011

Religion And Law, John Laws

South Carolina Law Review

No abstract provided.


Educational Media Co. At Virginia Tech, Inc., V. Swecker, Anthony M. Kreis Apr 2011

Educational Media Co. At Virginia Tech, Inc., V. Swecker, Anthony M. Kreis

South Carolina Law Review

No abstract provided.


United States V. Chester, Marghretta A. Hagood Apr 2011

United States V. Chester, Marghretta A. Hagood

South Carolina Law Review

No abstract provided.


Table Of Contents Apr 2011

Table Of Contents

South Carolina Law Review

No abstract provided.


Appearance Of Impropriety, Recusal, And The Segars-Andrews Case, John P. Freeman Apr 2011

Appearance Of Impropriety, Recusal, And The Segars-Andrews Case, John P. Freeman

South Carolina Law Review

No abstract provided.