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Articles 1 - 30 of 88
Full-Text Articles in Law
Platform Pleading: Analyzing Employment Disputes In The Technology Sector, Joseph Seiner
Platform Pleading: Analyzing Employment Disputes In The Technology Sector, Joseph Seiner
Faculty Publications
The technology sector has created thousands of new jobs for workers across the country in an emerging multi-billion dollar industry. Many companies in this platform-based sector are attempting to characterize their workers as independent contractors rather than employees, thus stripping them of both federal and state workplace protections—including the right to bargain collectively, receive fair compensation, and avoid discrimination. The federal courts, which have always grappled with the question of worker classification, are now struggling to define employment with respect to these gig sector jobs. The result has been scattered court decisions with inconsistent and conflicting analyses.
This Essay seeks …
Educational Gerrymandering: Money, Motives, And Constitutional Rights, Derek Black
Educational Gerrymandering: Money, Motives, And Constitutional Rights, Derek Black
Faculty Publications
Public school funding plummeted following the Great Recession and failed to recover over the next decade, prompting strikes and protests across the nation. Courts did almost nothing to stop the decline. While a majority of state supreme courts recognize a constitutional right to an adequate or equal education, they increasingly struggle to enforce the right. That right could be approaching a tipping point. Either it evolves, or risks becoming irrelevant.
In the past, courts have focused almost exclusively on the adequacy and equity of funding for at-risk students, demanding that states provide more resources. Courts have failed to ask the …
The Quiet Undoing: How Regional Electricity Market Reforms Threaten Clean Energy Goals, Shelley Welton, Danny Cullenward
The Quiet Undoing: How Regional Electricity Market Reforms Threaten Clean Energy Goals, Shelley Welton, Danny Cullenward
Faculty Publications
In a series of largely unnoticed but extremely consequential moves, two regional electricity market operators are pursuing reforms to make it more difficult for states to achieve their clean energy goals. The federal energy regulator, FERC, has already approved one such reform and ordered a second market operator to go farther in punishing state-supported clean energy resources than it had initially proposed. In this Essay, we bring to light the ways in which the intricate, technical reforms underway in regional electricity markets threaten state climate change objectives and the durability of FERC’s regional market constructs. If FERC allows private market …
The Rule Of Law Collaborative: A Center For Practical, Interdisciplinary Research, And Engagement On Pressing Rule Of Law Issues Around The World, Joel H. Samuels
The Rule Of Law Collaborative: A Center For Practical, Interdisciplinary Research, And Engagement On Pressing Rule Of Law Issues Around The World, Joel H. Samuels
Faculty Publications
No abstract provided.
The Right To Evidence Of Innocence Before Pleading Guilty, Colin Miller
The Right To Evidence Of Innocence Before Pleading Guilty, Colin Miller
Faculty Publications
No abstract provided.
Nuclear Weapons, The War Powers, And The Constitution: Mutually Assured Destruction?, John M. Dipippa
Nuclear Weapons, The War Powers, And The Constitution: Mutually Assured Destruction?, John M. Dipippa
South Carolina Law Review
No abstract provided.
When Legislatures Become The Ally Of Academic Freedom: The First State Intellectual Diversity Statute And Its Effect On Academic Freedom, Patrick M. Garry
When Legislatures Become The Ally Of Academic Freedom: The First State Intellectual Diversity Statute And Its Effect On Academic Freedom, Patrick M. Garry
South Carolina Law Review
No abstract provided.
A New System Of Electronic Chattel Paper: Notification Of Assignment, Thomas E. Plank
A New System Of Electronic Chattel Paper: Notification Of Assignment, Thomas E. Plank
South Carolina Law Review
No abstract provided.
It's Not The Robot's Fault! Russian And American Perspectives On Responsibility For Robot Harms, Bryant Walker Smith, Andrey Neznamov
It's Not The Robot's Fault! Russian And American Perspectives On Responsibility For Robot Harms, Bryant Walker Smith, Andrey Neznamov
Faculty Publications
No abstract provided.
Foreign Corrupt Practices Act Continuity In A Transition Year, Mike Koehler
Foreign Corrupt Practices Act Continuity In A Transition Year, Mike Koehler
South Carolina Law Review
No abstract provided.
Dr. Jekyll & Mr. Holmes: A Tale Of Two Testaments, Stephen R. Alton
Dr. Jekyll & Mr. Holmes: A Tale Of Two Testaments, Stephen R. Alton
South Carolina Law Review
No abstract provided.
When "Things" Go Wrong: Redefining Liability For The Internet Of Medical Things, Bethany A. Corbin
When "Things" Go Wrong: Redefining Liability For The Internet Of Medical Things, Bethany A. Corbin
South Carolina Law Review
No abstract provided.
A Policy Analysis Of South Carolina Drug Court Legislation: H. 3322 § 302: Drug Court Program Act (2019), Mae Chinnes
A Policy Analysis Of South Carolina Drug Court Legislation: H. 3322 § 302: Drug Court Program Act (2019), Mae Chinnes
Senior Theses
The purpose of this thesis is to examine a piece of drug court legislation currently being considered by the South Carolina Legislature, H. 3322 § 302. An overview of drug criminalization in the United States, its impact, and drug courts are provided. This is followed by a review of the literature on the key programmatic components of drug court best practices, including: target population, incentives and sanctions, management team, and duration. An example analysis of Florida’s Thirteenth Judicial Circuit Drug Court Program policies proceeds the analysis of H. 3322. Parameters of successful drug court legislation and program outcomes are defined …
Bar Bytes: Social Media Benefits, Risks, And Best Practices, Eve Ross
Bar Bytes: Social Media Benefits, Risks, And Best Practices, Eve Ross
Faculty Publications
No abstract provided.
Antiquated Relics Or Misunderstood Mess, Why South Carolina Liquor Laws Are Ripe For Restructuring, Annie Day Bame
Antiquated Relics Or Misunderstood Mess, Why South Carolina Liquor Laws Are Ripe For Restructuring, Annie Day Bame
South Carolina Law Review
No abstract provided.
The Fourth Circuit, Suem And Reverse Veil Piercing In Delaware, David G. Epstein, Jake Weiss
The Fourth Circuit, Suem And Reverse Veil Piercing In Delaware, David G. Epstein, Jake Weiss
South Carolina Law Review
No abstract provided.
Don't Feel Like Going To The Store, I'Ll Drink To That, How To Govern The Direct Shipment Of Alcohol In South Carolina, Frederick N. Hanna
Don't Feel Like Going To The Store, I'Ll Drink To That, How To Govern The Direct Shipment Of Alcohol In South Carolina, Frederick N. Hanna
South Carolina Law Review
No abstract provided.
Does Sex Discrimination Include Gender Identity, Courts In The Fourth Circuit Weigh In On The Question, Rena M. Lindevaldsen
Does Sex Discrimination Include Gender Identity, Courts In The Fourth Circuit Weigh In On The Question, Rena M. Lindevaldsen
South Carolina Law Review
No abstract provided.
Sharpening South Carolina's Blue Pencil: An Argument For Codifying A Strict Interpretation Of The Blue-Pencil Doctrine, Miranda B. Nelson
Sharpening South Carolina's Blue Pencil: An Argument For Codifying A Strict Interpretation Of The Blue-Pencil Doctrine, Miranda B. Nelson
South Carolina Law Review
No abstract provided.
Joint Employment Under The Flsa, The Fourth Circuit's Decision To Be Different, Carl H. Petkoff
Joint Employment Under The Flsa, The Fourth Circuit's Decision To Be Different, Carl H. Petkoff
South Carolina Law Review
No abstract provided.
The Regulation Of Complementary And Alternative Medicine (Cam) In South Carolina, What Is Happening And What Needs To Change, Anna C. Smith
The Regulation Of Complementary And Alternative Medicine (Cam) In South Carolina, What Is Happening And What Needs To Change, Anna C. Smith
South Carolina Law Review
No abstract provided.
The Signature Of Gerrymandering In Rucho V. Common Cause, Andrew Chin, Gregory Herschlag, Jonathan Mattingly
The Signature Of Gerrymandering In Rucho V. Common Cause, Andrew Chin, Gregory Herschlag, Jonathan Mattingly
South Carolina Law Review
No abstract provided.
Pertuis V. Front Roe Restaurants, Inc.: Equity Restores The Corporate Veil In Single-Business Enterprise Theory, Adair B. Patterson
Pertuis V. Front Roe Restaurants, Inc.: Equity Restores The Corporate Veil In Single-Business Enterprise Theory, Adair B. Patterson
South Carolina Law Review
No abstract provided.