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Open Access. Powered by Scholars. Published by Universities.®

2014

University of South Carolina

Constitutional Law

Articles 1 - 7 of 7

Full-Text Articles in Law

In Re Sanders And The Resurrection Of Stanley V. Illinois, Josh Gupta-Kagan Nov 2014

In Re Sanders And The Resurrection Of Stanley V. Illinois, Josh Gupta-Kagan

Faculty Publications

In 1972, the Supreme Court in Stanley v. Illinois declared that parents are entitled to a hearing on their fitness before the state places their children in foster care. Somewhat oddly, Stanley went on to be cited as a leading case regarding the rights of unwed fathers to object to private adoptions favored by mothers -- an issue not present in Stanley. Odder still, most states routinely violated Stanley in child welfare cases -- the context in which the Stanley rule arose. Most states apply the "one parent doctrine," which holds that finding one parent unfit justifies taking the child …


Pennies On The Dollar: Reallocating Risk And Deficiency Judgement Liability, Kristen Barnes Oct 2014

Pennies On The Dollar: Reallocating Risk And Deficiency Judgement Liability, Kristen Barnes

South Carolina Law Review

No abstract provided.


Rebutting The Strong Presumption Of Reliability For Effective Assistance: The Pursuit Of Cumulative Analysis For Strickland Claims In South Carolina, Benjamin Dudek Jul 2014

Rebutting The Strong Presumption Of Reliability For Effective Assistance: The Pursuit Of Cumulative Analysis For Strickland Claims In South Carolina, Benjamin Dudek

South Carolina Law Review

No abstract provided.


Preemption And United States V. South Carolina: Undermining Our Nation's Border And The Constitution's Border Between State And Federal Sovereignty, George E. Campsen Iii Jul 2014

Preemption And United States V. South Carolina: Undermining Our Nation's Border And The Constitution's Border Between State And Federal Sovereignty, George E. Campsen Iii

South Carolina Law Review

No abstract provided.


Weakening The Ripeness Trap For Federal Takings Claims: Sansotta V. Town Of Nags Head And Town Of Nags Head V. Toloczko, Michael B. Kent Jul 2014

Weakening The Ripeness Trap For Federal Takings Claims: Sansotta V. Town Of Nags Head And Town Of Nags Head V. Toloczko, Michael B. Kent

South Carolina Law Review

No abstract provided.


The Road Paved With Gravel: The Encroachment Of South Carolina's Judiciary Through Legislative Judicial Elections, Samantha R. Wilder Jul 2014

The Road Paved With Gravel: The Encroachment Of South Carolina's Judiciary Through Legislative Judicial Elections, Samantha R. Wilder

South Carolina Law Review

No abstract provided.


Deflating Autonomy, Charles R. Mendez Jan 2014

Deflating Autonomy, Charles R. Mendez

South Carolina Law Review

No abstract provided.