Law Commons^™

Collective Coercion, Benjamin Means, Susan S. Kuo

Faculty Publications

When a collective-choice situation places coercive pressure on individual participants, the law’s traditional protection of individual autonomy against coercion must be reconciled with its necessary role in resolving problems of collective action. On the one hand, the law might seek to remove coercion from the equation so that individuals are free to make their own decisions. On the other hand, the law might empower a central authority to decide, thereby solving a problem of collective action in order to maximize the group’s shared interests.

The tension between these two approaches creates deep uncertainty for the regulation of collective-choice situations. It …

Title Page

South Carolina Law Review

No abstract provided.

The Ideological Origins Of The Right To Counsel, John Felipe Acevedo

South Carolina Law Review

No abstract provided.

Old Habits: Sister Bernadette And The Potential Revival Of Sentence Diagramming In Written Legal Advocacy, Lisa A. Eichhorn

Faculty Publications

Given the rise of e-filing and of software that makes it easier than ever to create images and insert them into documents, the nearly lost art of sentence diagramming may be due for a revival in written legal advocacy. This article posits that while sentence diagrams can indeed, in a limited set of cases, add to the persuasive force of a statutory-interpretation argument, the diagrams themselves are less compelling than attorneys may believe them to be, and diagrams cannot elucidate all types of interpretive issues. Like an analogy, a sentence diagram can illustrate an argument aptly — or ineptly — …

Negotiating On Behalf Of Low-Income Clients: The Distorting Effects Of Model Rule 4.1, Megan Mcdermott

South Carolina Law Review

No abstract provided.

The Long-Arm Of The Law: South Carolina's Long-Arm Statute And The Internet, Harry Lowenstein, Carla F. Grabert-Lowenstein

South Carolina Law Review

No abstract provided.

Should We Defuse The Tax Bomb Facing Lawyers Who Are Enrolled In Income-Based Student Loan Repayment Plans, Gregory Crespi

South Carolina Law Review

No abstract provided.

Treading Well Beyond The Ecological To Account For Socioecological Systems And Human Rights In Climate Adaptation Law, Ann M. Eisenberg

Faculty Publications

No abstract provided.

Child Protection Law As An Independent Variable, Josh Gupta-Kagan

Faculty Publications

Child protection professionals work in a multidisciplinary system in which the law and the family court play central roles and which collects an increasing amount of data. Yet we know little about what impact the law has on whether a child is removed by child protective services, is deemed neglected by a family court, or reunifies with a parent. Do state‐to‐state variations in child protection laws, or changes by individual states to their laws, lead to different outcomes for children and families? The dramatic variations in child welfare practice from one state to another suggest that legal variations do matter. …

Child Protection Law As An Independent Variable, Josh Gupta-Kagan

Faculty Publications

Child protection professionals work in a multidisciplinary system in which the law and the family court play central roles and which collects an increasing amount of data. Yet we know little about what impact the law has on whether a child is removed by child protective services, is deemed neglected by a family court, or reunifies with a parent. Do state‐to‐state variations in child protection laws, or changes by individual states to their laws, lead to different outcomes for children and families? The dramatic variations in child welfare practice from one state to another suggest that legal variations do matter. …

The Misidentification Of Children With Disabilities: A Harm With No Foul, Claire Raj

Faculty Publications

Special education, despite being a uniform federal mandate, is often implemented drastically differently depending on the school system delivering services, the particular category of disability, and the race or ethnicity of students. Affluent white children who attend well-managed school districts tend to benefit from special education services. In the under-funded and over-tasked districts where most minorities attend school, the special education system does not always provide the same benefits. In these schools, special education, too often, operates as a dumping ground for those students the general education system cannot or refuses to serve. In these instances, the label of “special …

Bridging The Justice Gap In Family Law: Repurposing Federal Iv-D Funding To Expand Community-Based Legal And Social Services For Parents, Lisa V. Martin, Stacy Brustin

Faculty Publications

Parents in family court overwhelmingly proceed pro se; however, in child support courtrooms, government attorneys representing the state child support agency frequently play a pivotal role. These attorneys represent the state’s ostensible interests in ensuring that children are financially supported and in preventing welfare dependence; they do not represent individual parents. The outcomes of child support proceedings have profound, long-term constitutional and financial implications for parents, yet litigants rarely understand their rights or the role of the government.

Originally, the goal of state child support enforcement efforts was to recapture the costs of welfare expenditures. In 1990, two-thirds of cases …

A New Hope: South Carolina's Struggle With Domestic Violence, Riley Anne Bearden

Senior Theses

South Carolina has come into the national spotlight over the past 10 years over it’s consistent issue with domestic violence. With domestic homicide rates consistently over the national average, journalists and researchers have examined everything from the causes of domestic violence, it’s impetus within a person and its cultural influences, to the way that law enforcement and the judicial system handle cases presented to them. South Carolina’s patriarchal background and traditional perspective on gender relations certainly play a role in the high rates of domestic violence in the state, and other cultural factors that could affect the prevalence of abuse. …

Table Of Contents

South Carolina Law Review

No abstract provided.

End To End Encryption, The Wrong End, Amitai Etzioni

South Carolina Law Review

No abstract provided.

Nothing Could Be Finer? The Role Of Agency General Counsel In North And South Carolina, Elizabeth Chambliss, Dana Remus

Faculty Publications

There is amazingly little contemporary research on the counseling function of government agency lawyers. Most research on federal government lawyers focuses on the Department of Justice, the Attorney General, or the birth of the modern administrative state during the New Deal. Much of this work focuses on the organization of federal litigation authority. At the state level, likewise, recent scholarship focuses on the litigation function of state attorneys general. Meanwhile, we know very little about the agency counseling function or the role of agency counsel in shaping agency policy and practice.

The role of state agency general counsel is an …

Table Of Contents

South Carolina Law Review

No abstract provided.

Current Developments In Data Breach Litigation: Article Iii Standing After Clapper, David W. Opderbeck

South Carolina Law Review

No abstract provided.

Taking The Oceanfront Lot, Josh Eagle

Faculty Publications

Oceanfront landowners and states share a property boundary located between the wet and dry parts of the shore. This legal coastline is different from an ordinary land boundary. First, on sandy beaches, the line is constantly in flux, and it cannot be marked except momentarily. Without the help of a surveyor and a court, neither the landowner nor a citizen walking down the beach has the ability to know exactly where the line lies. This uncertainty means that, as a practical matter, ownership of some part of the beach is effectively shared. Second, the common law establishes that the owner …

Controlling Humans And Machines, Bryant Walker Smith

Faculty Publications

No abstract provided.

Facebook V. Jefferson: How Our Emerging, Networked Society Undermines Ideas Of Security And Privacy, Roy Wyman

South Carolina Law Review

No abstract provided.

The Undercover Detective Looks At Data Breach Contract Clauses: Who Should Be Responsible Under The Contract For Costs Of Cover, Jill Bronfman

South Carolina Law Review

No abstract provided.

Carrots And Sticks In Cyberspace: Addressing Key Issues In The Cybersecurity Information Sharing Act Of 2015, Jamil N. Jaffar

South Carolina Law Review

No abstract provided.

Operationalizing Cybersecurity Due Diligence: A Transatlantic Case Study, Scott J. Shackelford, Scott Russell

South Carolina Law Review

No abstract provided.

If Your Heart Skips A Beat, It May Have Been Hacked: Cybersecurity Concerns With Implanted Medical Devices, John G. Browning, Shawn Tuma

South Carolina Law Review

No abstract provided.

It's Time For The Fourth Circuit To Rethink Deshaney, Dale Margolin Cecka

South Carolina Law Review

No abstract provided.

One Step Forward, Two Steps Back: Everett Et Al V. Pitt County School (Everett I And Ii) And The Ominous Future Of Federal Court Desegregation Orders, Mark Dorosin

South Carolina Law Review

No abstract provided.

The Constitutional Challenge To Teacher Tenure, Derek W. Black

Faculty Publications

In 2012, education reformers theorized a novel constitutional strategy to eliminate tenure. They argued that tenure leads to the retention of ineffective teachers, and that ineffective teaching deprives students of the constitutional right to education embedded in state constitutions. This theory immediately caught hold, with a California trial court striking down tenure in 2014 and litigation commencing in other states weeks thereafter.

The outcome of this litigation movement will determine both the future of the teaching profession and the scope of the constitutional right to education. To date, however, no high court or scholar has thoroughly analyzed the theory. This …

What We Know And Need To Know About Pro Bono Service Delivery, April Faith-Slaker

South Carolina Law Review

No abstract provided.

What We Know And Need To Know About Medical-Legal Partnership, Bharath Krishnamurthy, Sharena Hagins, Ellen Lawton, Megan Sandel

South Carolina Law Review

No abstract provided.