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Tragedies Of The Cultural Commons, Etienne C. Toussaint Dec 2022

Tragedies Of The Cultural Commons, Etienne C. Toussaint

Faculty Publications

In the United States, Black cultural expressions of democratic life that operate within specific historical-local contexts, yet reflect a shared set of sociocultural mores, have been historically crowded out of the law and policymaking process. Instead of democratic cultural discourse occurring within an open and neutral marketplace of ideas, the discursive production and consumption of democratic culture in American politics has been rivalrous. Such rivalry too often enables dominant White supremacist cultural beliefs, values, and practices to exercise their hegemony upon law’s production and meaning. The result has been tragedy for politically disempowered and socioeconomically excluded communities.

This Article uses …


Racial Disparities In South Carolina's Juvenile Justice System: Why They Exist And How They Can Be Reduced, Grace E. Driggers Jul 2022

Racial Disparities In South Carolina's Juvenile Justice System: Why They Exist And How They Can Be Reduced, Grace E. Driggers

South Carolina Law Review

No abstract provided.


Should I Stay Or Should I Go? South Carolina's Nonlawyer Judges, Christel Purvis Jul 2022

Should I Stay Or Should I Go? South Carolina's Nonlawyer Judges, Christel Purvis

South Carolina Law Review

No abstract provided.


Transitional Justice As Communication: Why Truth Commissions And International Criminal Tribunals Need To Persuade And Inform Citizens And Leaders, And How They Can, Jamie O'Connell Jan 2021

Transitional Justice As Communication: Why Truth Commissions And International Criminal Tribunals Need To Persuade And Inform Citizens And Leaders, And How They Can, Jamie O'Connell

South Carolina Law Review

No abstract provided.


The New Federalism Frontier In Marijuana Legalization And Decriminalization, Oliver Roberts Jan 2021

The New Federalism Frontier In Marijuana Legalization And Decriminalization, Oliver Roberts

South Carolina Law Review

No abstract provided.


Can You Hear Me Now: The Impacts Of Prosecutorial Call Monitoring On Defendants' Access To Justice, Hope L. Demer Jul 2019

Can You Hear Me Now: The Impacts Of Prosecutorial Call Monitoring On Defendants' Access To Justice, Hope L. Demer

South Carolina Law Review

No abstract provided.


Revenge Against Robots, Christina Mulligan Apr 2018

Revenge Against Robots, Christina Mulligan

South Carolina Law Review

No abstract provided.


A Meaningful Opportunity For Release: Resentencing Hearings For Juvenile Offenders Sentenced To Life Without Parole Following Aiken V. Byars, Robert M. Dudek Apr 2017

A Meaningful Opportunity For Release: Resentencing Hearings For Juvenile Offenders Sentenced To Life Without Parole Following Aiken V. Byars, Robert M. Dudek

South Carolina Law Review

No abstract provided.


To Have And To Hold: Factors To Consider Before Divorcing South Carolina From The Concealed Weapons Permit Requirement, Joseph D. Spate Apr 2017

To Have And To Hold: Factors To Consider Before Divorcing South Carolina From The Concealed Weapons Permit Requirement, Joseph D. Spate

South Carolina Law Review

No abstract provided.


Exploring The Parameters Of A Child's Right To Redemption: Some Thoughts, Katherine Hunt Federle Apr 2017

Exploring The Parameters Of A Child's Right To Redemption: Some Thoughts, Katherine Hunt Federle

South Carolina Law Review

No abstract provided.


A Lost Opportunity For Sentencing Reform: Plea Bargaining And Barriers To Effective Assistance, Margaret Etienne Apr 2017

A Lost Opportunity For Sentencing Reform: Plea Bargaining And Barriers To Effective Assistance, Margaret Etienne

South Carolina Law Review

No abstract provided.


Flying Over The Cuckoo's Nest: How The Mentally Ill Landed Into An Unconstitutional Punishment In South Carolina, Elle Klein Apr 2017

Flying Over The Cuckoo's Nest: How The Mentally Ill Landed Into An Unconstitutional Punishment In South Carolina, Elle Klein

South Carolina Law Review

No abstract provided.


Coram Nobis And State V. Stinney: Why South Carolina Should Revitalized America's Legal Hail Mary, Kathleen M. Bure Apr 2017

Coram Nobis And State V. Stinney: Why South Carolina Should Revitalized America's Legal Hail Mary, Kathleen M. Bure

South Carolina Law Review

No abstract provided.


Land Of The Free, Home Of The Slave: Human Trafficking Legislation In South Carolina, Caroline A. Ross Apr 2017

Land Of The Free, Home Of The Slave: Human Trafficking Legislation In South Carolina, Caroline A. Ross

South Carolina Law Review

No abstract provided.


Is Felony Murder The New Depraved Heart Murder: Considering The Appropriate Punishment For Drunken Drivers Who Kill, Dora W. Klein Oct 2015

Is Felony Murder The New Depraved Heart Murder: Considering The Appropriate Punishment For Drunken Drivers Who Kill, Dora W. Klein

South Carolina Law Review

No abstract provided.


To Tell You The Truth, Federal Rule Of Criminal Procedure 24(A) Should Be Amended To Permit Attorneys To Conduct Voir Dire Of Prospective Jurors, C. J. Williams Oct 2015

To Tell You The Truth, Federal Rule Of Criminal Procedure 24(A) Should Be Amended To Permit Attorneys To Conduct Voir Dire Of Prospective Jurors, C. J. Williams

South Carolina Law Review

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.