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2011

University of South Carolina

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Articles 31 - 60 of 69

Full-Text Articles in Law

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.


Ostergren V. Cuccinelli, Joshua A. Bennett Apr 2011

Ostergren V. Cuccinelli, Joshua A. Bennett

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.


Albemarle Corp. V. Astrazeneca Uk Ltd., Richard I. Simons Apr 2011

Albemarle Corp. V. Astrazeneca Uk Ltd., Richard I. Simons

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.


United States V. Coleman, Michael Greene Apr 2011

United States V. Coleman, Michael Greene

South Carolina Law Review

No abstract provided.


Deal Or No Deal: Why Courts Should Allow Defendants To Present Evidence That They Rejected Favorable Plea Bargains, Colin Miller Mar 2011

Deal Or No Deal: Why Courts Should Allow Defendants To Present Evidence That They Rejected Favorable Plea Bargains, Colin Miller

Faculty Publications

No abstract provided.


Queensland Law Firms Partner With Regulators And Researchers To Improve Firms’ Ethical Culture, Elizabeth Chambliss Jan 2011

Queensland Law Firms Partner With Regulators And Researchers To Improve Firms’ Ethical Culture, Elizabeth Chambliss

Faculty Publications

No abstract provided.


The Ineffective Assistance Of Counsel Era, Tom Zimpleman Jan 2011

The Ineffective Assistance Of Counsel Era, Tom Zimpleman

South Carolina Law Review

No abstract provided.


Unprofessional Sides Of Social Media And Social Networking: How Current Standards Fall Short, Christina Parajon Skinner Jan 2011

Unprofessional Sides Of Social Media And Social Networking: How Current Standards Fall Short, Christina Parajon Skinner

South Carolina Law Review

No abstract provided.


Should I Stay Or Should I Go: Why Immigrant Reunification Decisions Should Be Based On The Best Interest Of The Child, Marcia A. Yablon-Zug Jan 2011

Should I Stay Or Should I Go: Why Immigrant Reunification Decisions Should Be Based On The Best Interest Of The Child, Marcia A. Yablon-Zug

Faculty Publications

No abstract provided.


"Do Androids Dream?": Personhood And Intelligent Artifacts, F. Patrick Hubbard Jan 2011

"Do Androids Dream?": Personhood And Intelligent Artifacts, F. Patrick Hubbard

Faculty Publications

This Article proposes a test to be used in answering an important question that has never received detailed jurisprudential analysis: What happens if a human artifact like a large computer system requests that it be treated as a person rather than as property? The Article argues that this entity should be granted a legal right to personhood if it has the following capacities: (1) an ability to interact with its environment and to engage in complex thought and communication; (2) a sense of being a self with a concern for achieving its plan for its life; and (3) the ability …


Notional Generosity: Explaining Charitable Donors' High Willingness To Part With Conservation Easements, Josh Eagle Jan 2011

Notional Generosity: Explaining Charitable Donors' High Willingness To Part With Conservation Easements, Josh Eagle

Faculty Publications

No abstract provided.


From The Schoolhouse To The Poorhouse: The Credit Card Act's Failure To Adequately Protect Young Consumers, Eboni S. Nelson Jan 2011

From The Schoolhouse To The Poorhouse: The Credit Card Act's Failure To Adequately Protect Young Consumers, Eboni S. Nelson

Faculty Publications

No abstract provided.


Race And Socioeconomic Diversity In American Legal Education: A Response To Richard Sander, Danielle R. Holley-Walker Jan 2011

Race And Socioeconomic Diversity In American Legal Education: A Response To Richard Sander, Danielle R. Holley-Walker

Faculty Publications

No abstract provided.


Fair Use As A Matter Of Law, Ned Snow Jan 2011

Fair Use As A Matter Of Law, Ned Snow

Faculty Publications

Courts have recently abandoned the centuries-old practice of construing fair use as an issue of fact for the jury. Fair use now stands as an issue of law for the judge. This change is threatening traditional contours of copyright law that protect fair-use speech. Courts, then, must reform their current construction of fair use by returning to its origins— fair use as a factual matter for the jury. Yet even if courts do construe fair use as a matter of fact, the question remains whether courts should ever decide fair use as a matter of law. To answer this question, …


The Role Of The Site Selector, Andrew H. Shapiro Jan 2011

The Role Of The Site Selector, Andrew H. Shapiro

South Carolina Journal of International Law and Business

No abstract provided.


Canada And Investment Treaty Arbitration: Three Prominent Issues - Icsid Ratification, Constituent Subdivisions, And Health And Environmental Regulation, Barry Leon, Andrew Mcdougall, John Siwiec Jan 2011

Canada And Investment Treaty Arbitration: Three Prominent Issues - Icsid Ratification, Constituent Subdivisions, And Health And Environmental Regulation, Barry Leon, Andrew Mcdougall, John Siwiec

South Carolina Journal of International Law and Business

No abstract provided.


An Analysis Of South Carolina's Incentives To The Boeing Company, Amanda S. Kuker Jan 2011

An Analysis Of South Carolina's Incentives To The Boeing Company, Amanda S. Kuker

South Carolina Journal of International Law and Business

No abstract provided.


Table Of Contents - Issue 1 Jan 2011

Table Of Contents - Issue 1

South Carolina Journal of International Law and Business

No abstract provided.


The Settlement Of Investor State Disputes And China New Developments On Icsid Jurisdiction, Jane Y. Willems Jan 2011

The Settlement Of Investor State Disputes And China New Developments On Icsid Jurisdiction, Jane Y. Willems

South Carolina Journal of International Law and Business

No abstract provided.


A Case For Coordinating Economic Development Planning With Energy Planning, Leighton Lord, Jeff Ruble Jan 2011

A Case For Coordinating Economic Development Planning With Energy Planning, Leighton Lord, Jeff Ruble

South Carolina Journal of International Law and Business

No abstract provided.


Russia's Lack Of American-Style Agency Priciples: A Primary Cause Of Corporate Governance Problems Today, C. Keith Marshall Jr. Jan 2011

Russia's Lack Of American-Style Agency Priciples: A Primary Cause Of Corporate Governance Problems Today, C. Keith Marshall Jr.

South Carolina Journal of International Law and Business

No abstract provided.


Good Medicine/Bad Medicine And The Law Of Evidence: Is There A Role For Proof Of Character, Propensity, Or Prior Bad Conduct In Medical Negligence Litigation, Marc D. Ginsberg Jan 2011

Good Medicine/Bad Medicine And The Law Of Evidence: Is There A Role For Proof Of Character, Propensity, Or Prior Bad Conduct In Medical Negligence Litigation, Marc D. Ginsberg

South Carolina Law Review

No abstract provided.


Searching For Equality: Equal Protection Clause Challenges To Bans On The Admission Of Undocumented Immigrant Studies To Public Universities, Danielle R. Holley-Walker Jan 2011

Searching For Equality: Equal Protection Clause Challenges To Bans On The Admission Of Undocumented Immigrant Studies To Public Universities, Danielle R. Holley-Walker

Faculty Publications

No abstract provided.


The Forgotten Right Of Fair Use, Ned Snow Jan 2011

The Forgotten Right Of Fair Use, Ned Snow

Faculty Publications

Free speech was once an integral part of copyright law; today it is all but forgotten. At common law, principles of free speech protected those who expressed themselves by using another's expression. Free speech determined whether speakers had infringed a copyright. To prevail on a copyright claim, then, a copyright holder would need to prove that the speaker’s use fell outside the scope of permissible speech - or in other words, that the use was not fair. Where uncertainty prevented that proof, fair use would protect speakers from the suppression of copyright. Today, however, all this has changed. Copyright has …


Expectations In Tort, David G. Owen Jan 2011

Expectations In Tort, David G. Owen

Faculty Publications

No abstract provided.


2010: It Was A Very Good Year…To Die--Or Was It?, S. Alan Medlin, F. Ladson Boyle, Howard M. Zaritsky Jan 2011

2010: It Was A Very Good Year…To Die--Or Was It?, S. Alan Medlin, F. Ladson Boyle, Howard M. Zaritsky

Faculty Publications

No abstract provided.


Economic Development Incentives And The Legal And Economic Issues Of Open Versus Sealed Bids, Sherry L. Jarrell, J. Neal Robbins, Gary L. Shoesmith, Brendan A. Fox Jan 2011

Economic Development Incentives And The Legal And Economic Issues Of Open Versus Sealed Bids, Sherry L. Jarrell, J. Neal Robbins, Gary L. Shoesmith, Brendan A. Fox

South Carolina Journal of International Law and Business

No abstract provided.


Procuring Meaningful Land Rights For The Women Of Rwanda, Aparna Polavarapu Jan 2011

Procuring Meaningful Land Rights For The Women Of Rwanda, Aparna Polavarapu

Faculty Publications

Land reform and gender equality are important development issues in post-Genocide Rwanda. Beginning in 1999, the government of Rwanda passed and implemented reforms which granted women rights to own and use land on an equal status with men. However, as is expected with widespread social reform, obstacles continue to inhibit widespread gender equality in practice. In Rwanda, major social obstacles manifest in the form of (1) resistance to allowing daughters to inherit land from their parents, (2) adherence to assumptions of female inferiority, and (3) the persistence of informal marriages, in which wives remain unprotected by the new laws. Interested …