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University of South Carolina

2019

Articles 1 - 30 of 88

Full-Text Articles in Law

Platform Pleading: Analyzing Employment Disputes In The Technology Sector, Joseph Seiner Dec 2019

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 Dec 2019

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 Nov 2019

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 Nov 2019

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 Nov 2019

The Right To Evidence Of Innocence Before Pleading Guilty, Colin Miller

Faculty Publications

No abstract provided.


Table Of Contents Oct 2019

Table Of Contents

South Carolina Law Review

No abstract provided.


Nuclear Weapons, The War Powers, And The Constitution: Mutually Assured Destruction?, John M. Dipippa Oct 2019

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 Oct 2019

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.


Board Of Editors And Faculty Oct 2019

Board Of Editors And Faculty

South Carolina Law Review

No abstract provided.


A New System Of Electronic Chattel Paper: Notification Of Assignment, Thomas E. Plank Oct 2019

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 Oct 2019

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 Oct 2019

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 Oct 2019

Dr. Jekyll & Mr. Holmes: A Tale Of Two Testaments, Stephen R. Alton

South Carolina Law Review

No abstract provided.


Title Page Oct 2019

Title Page

South Carolina Law Review

No abstract provided.


When "Things" Go Wrong: Redefining Liability For The Internet Of Medical Things, Bethany A. Corbin Oct 2019

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 Oct 2019

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 Sep 2019

Bar Bytes: Social Media Benefits, Risks, And Best Practices, Eve Ross

Faculty Publications

No abstract provided.


Board Of Editors Jul 2019

Board Of Editors

South Carolina Law Review

No abstract provided.


Antiquated Relics Or Misunderstood Mess, Why South Carolina Liquor Laws Are Ripe For Restructuring, Annie Day Bame Jul 2019

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 Jul 2019

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 Jul 2019

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 Jul 2019

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 Jul 2019

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 Jul 2019

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 Jul 2019

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 Jul 2019

The Signature Of Gerrymandering In Rucho V. Common Cause, Andrew Chin, Gregory Herschlag, Jonathan Mattingly

South Carolina Law Review

No abstract provided.


Title Page Jul 2019

Title Page

South Carolina Law Review

No abstract provided.


Table Of Contents Jul 2019

Table Of Contents

South Carolina Law Review

No abstract provided.


Faculty Jul 2019

Faculty

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 Jul 2019

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.