The South Carolina Law Review proudly welcomes the following new members:
Noah Glen Allen
Chris Hampton
Taylor Pipkin
Bradley D. Barringer
Jacob Henerey
Samuel V. Priddy, IV
Brigid Benincasa
Jennifer Jokerst
Amanda Reasoner
Emily Bridges…
The Board of Editors of the South Carolina Law Review would like to congratulate the following students whose manuscripts were selected for publication in this summer’s Survey of South …
Efficiency, Fairness, and the Externalization of Reasonable Risks: The Problem with the Learned Hand Formula
Gabriel Weil[1]*
Judge Learned Hand famously advanced an explicit, quantitative, risk-utility test for negligence liability, holding that a defendant breaches her duty of care when she fails to take precautions that are less burdensome than …
The Rise of Technology and Its Effect on Search and Seizure Analysis: The Constitutionality of Geofencing Warrants Under the Supreme Court’s Fourth Amendment Jurisprudence
Tyler J. Schembri[1]*
Introduction
In November of 2022, four roommates in Moscow, Idaho were brutally murdered in the middle of the night, sending shockwaves through the town. The killer left the remaining two roommates unscathed …
Of Marks and Markets: An Empirical Study of Trademark Litigation
Jessica M. Kiser, Sean P. Wright, and Benjamin P. Edwards[1]*
Trademarks are increasingly valuable assets, and some companies aggressively enforce and protect these assets. Such aggressive tactics can harm small businesses and chill creativity and …
Place-Based Versus Practice-Based Norms for American Lawyers: “It’s the End of the World As We Know It (and I Feel Fine)”
James E. Moliterno[1]*
Introduction
Place-based lawyer norms regulate lawyers based on the lawyer’s location and license. Practice-based norms regulate lawyers based on the lawyer’s practice setting, in other words, whom the lawyer represents and in …
Through the Looking Glass: Professional Responsibility, the Public Interest, and the Future of Legal Ethics and Lawyer Regulation in the United States.
Dean William C. Hubbard[1]*
________
The title for this Symposium encompasses myriad forces and factors that simultaneously coalesce and collide at this juncture in our profession and justice system. I am so grateful that the …
Certificate of Need in South Carolina: Something Rotten in the State of Healthcare
Kersey Reynolds[1]*
Introduction
Certificate of Need (CON) laws have maintained a stubborn presence in the American healthcare landscape since the 1970s as a last-ditch plug against unnecessary expenditures.[2] Generally, CON programs require healthcare systems to …