Digital Commons Network^™

Bringing Equal Justice Under Law To South Carolina: Addressing The Civil Justice Gap And Confronting The Legal Ultimatum, Whitney Kamerzel

South Carolina Law Review

No abstract provided.

Criminal And Civil Liability For Failure To Report Suspected Child Abuse In South Carolina, Megan Clemency

South Carolina Law Review

No abstract provided.

Random If Not Rare: The Eighth Amendment Weaknesses Of Post-Miller Legislation, Kimberly Thomas

South Carolina Law Review

No abstract provided.

State Of Fear: Domestic Violence In South Carolina, Matthew Robins

South Carolina Law Review

No abstract provided.

The Pre-Furman Juvenile Death Penalty In South Carolina: Young Black Life Was Cheap, Sheri Lynn Johnson, John H. Blume, Hannah L. Freedman

South Carolina Law Review

No abstract provided.

If Its Walks Like Systematic Exclusion And Quacks Like Systematic Exclusion: Follow-Up On Removal Of Women And African-Americans In Jury Selection In South Carolina Capital Cases, 1997-2014, Ann M. Eisenberg, Amelia Courtney Hritz, Caisa Elizabeth Royer, John H. Blume

South Carolina Law Review

No abstract provided.

A Dime For Your Time: A Case For Compensating The Wrongfully Convicted In South Carolina, Chelsea N. Evans

South Carolina Law Review

No abstract provided.

Judicial Selection In South Carolina: Is The Time Ripe For Systematic Restructuring And Improvement: You Be The Judge, Ronald T. Scott

South Carolina Law Review

No abstract provided.

March 1, 2017 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.

February 1, 2017 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.

Ideology, Race, And The Death Penalty: "Lies, Damn Lies, And Statistics" In Advocacy Research, Anthony Walsh, Virginia Hatch

Journal of Ideology

We use the literature on race in death penalty to illustrate the hold that ideology has on researchers and journalists alike when a social issue is charged with emotional content. We note particularly how statistical evidence become misinterpreted in ways that support a particular ideology, either because of innumeracy or because—subconsciously or otherwise—one’s ideology precludes a critical analysis. We note that because white defendants are now proportionately more likely to receive the death penalty and to be executed than black defendants that the argument has shifted from a defendant-based to a victim-based one. We examine studies based on identical data …

The Strange Life Of Stanley V. Illinois: A Case Study In Parent Representation And Law Reform, Josh Gupta-Kagan

Faculty Publications

This Article helps describe the growth of parent representation through an analysis of Stanley v. Illinois—the foundational Supreme Court case that established parental fitness as the constitutional lynchpin of any child protection case. The Article begins with Stanley’s trial court litigation, which illustrates the importance of vigorous parental representation and an effort by the court to prevent Stanley from obtaining an attorney. It proceeds to analyze how family courts applied it (or not) in the years following the Supreme Court’s decision and what factors have led to a recent resurgence of Stanley’s fitness focus.

Despite Stanley’s requirement that states prove …

The School To Prison Pipeline's Legal Architecture: Lessons From The Spring Valley Incident And Its Aftermath, Josh Gupta-Kagan

Faculty Publications

This Article examines the 2015 Spring Valley High School incident – the high-profile arrest of a Columbia, South Carolina high school student for “disturbing schools” in which a school resource officer threw her out of her desk – to identify and illustrate the core elements of the school-to-prison pipeline’s legal architecture, and to evaluate legal reforms in response to growing concern over the pipeline.

The Spring Valley incident illustrates, first, how broad criminal laws transform school discipline incidents into law enforcement matters. Second, it illustrates how legal instruments that should limit the role of police officers assigned to schools (school …

The New Religious Freedom Restoration Act And Its Effects On Student-Athletes Chalk Talk

The Journal of Law and Education

No abstract provided.

The Daily Gamecock, Monday, October 16, 2017, University Of South Carolina, Office Of Student Media

October

No abstract provided.

2016 - 2017 Faculty Senate Annual Report, University Of South Carolina

Faculty Senate

The primary file includes the 2016-2017 Faculty Senate Committee on Academic Responsibility Annual Report. Additional annual reports are attached.

Untangling The Interconnected Relationships Between Alcohol Use, Employment, And Offending, Margaret M. Chrusciel

Theses and Dissertations

Both substance use and employment are correlates of crime that are heavily examined by criminological research. Efforts to explore these connections have produced two rich bodies of literature that provide insight into the nuances of the relationship between substance use and offending and the relationship between employment and crime. Research shows that while substance use increases subsequent criminal behavior, employment seems to reduce offending. Given the strong positive association between substance use and crime and the inverse effect of employment on offending, it is possible that drug use and employment interact in their impact on crime. In addition to potential …

Sex Offender Policies That Spin The Revolving Door: An Exploration Of The Relationships Between Residence Restrictions, Homelessness, And Recidivism, Deanna Cann

Theses and Dissertations

Within the past two decades, a variety of specialized sex offender legislation has been implemented across the United States. Typically brought about in attempt to ebb the societal disquiet after notorious sexual assault cases are sensationalized in the media, these policies appear to be based on faulty assumptions, and lack any evidence-based foundation. In fact, empirical research suggests that policies such as sex offender registration, community notification, and residence restrictions do little to prevent sexual offending, and may actually work to increase the risk of these events through a number of collateral consequences. The current study critically examines the rationale …

Sex And The State: Sexual Politics In South Carolina In The 1970s, Jennifer Holman Gunter

Theses and Dissertations

Sex and the State: Sexual Politics in South Carolina is an investigation of the interactions of feminists and the state from 1966 through 1985. Nationally, women cooperated with officials of state agencies to push their agenda of self-sovereignty. Using South Carolina as a case study highlights the inherent power struggles inherent in these maneuverings. Inspired by the Second Wave of the women’s movement, activists across South Carolina, in both small towns and urban settings, worked with the state and manipulated state reactions to suit their needs. The work focuses on four key aspects of the women’s movement including: the abortion …

Inmate Time Utilization And Well-Being, Mateja Vuk

Theses and Dissertations

Qualitative studies about prison culture and examinations of correctional recreation and programming offer a comprehensive understanding of prisons’ social dynamics, including how individuals spend their free time while incarcerated. Theoretical models and the extant research suggest that involvement in structured and prosocial activities is associated with positive behavioral and emotional outcomes in offenders. However, the majority of studies that provide the empirical evidence for these conclusions do not examine all aspects of time utilization explicitly or do not provide statistical evidence of the strength and significance of the associations. Additionally, many of these investigations are dated.

To address these gaps, …

Teaching Goal Setting Strategies In A Title I Elementary School; An Action Research Study, Susan Ridgeway Nunamaker

Theses and Dissertations

The purpose of this qualitative action research study is to explore the impact of goal setting on the learning process of fifth-grade students in a Title I school. The subjects of this research study are 17 fifth-grade student-participants along with their homeroom teacher-participant. A goal setting unit was designed specifically for this action research study to enable student-participants to experience setting mastery goals and to develop an academic engagement practice through goal setting; thus empowering them for future learning. Semi-structured student interviews, student data journals in the form of goal setting forms, and an open-ended interview with the teacher-participant provide …

The Daily Gamecock, Monday, April 10, 2017, University Of South Carolina, Office Of Student Media

April

No abstract provided.

Lower Federal Courts And State Courts

The Journal of Law and Education

No abstract provided.

Socially Assigned Race, Reactions To Perceived Racial Discrimination And Type Ii Diabetes Mellitus, Jourdyn A. Lawrence

Theses and Dissertations

Background: Numerous studies have utilized race to document health inequities. As race is considered a social classification of persons based upon physical traits, studies have begun to consider socially assigned race defined as the race/ethnicity perceived by others. Socially assigned race may serve as the basis for differential or unfair treatment of persons ascribed to historically oppressed groups. Socially assigned race may also provide additional insight into racial health disparities, particularly among Latino populations who are commonly defined by their ethnicity. This study assesses the relationship between self-identified and socially assigned race/ethnicity and tests the moderating effects of emotional and …

Broke But Not Without Hope: Exploring Exits From Housing First And Returns To Homelessness, Jennie Ann Cole

Theses and Dissertations

“…he succeeded in giving the impression of being broke but not without hope.”

Nels Anderson, The Hobo, 1923

Introduction: This research offers a thick and rich, multidimensional and situational look, into a Housing First program in Charlotte, North Carolina. This dissertation focuses on individuals who have experienced chronic homelessness who exit Permanent Supportive Housing (PSH) programs that employ a Housing First (HF) model and return to homelessness. The ultimate goal of my research was to address the gap in knowledge service providers have in housing retention for the chronically homeless and to break the cycle of misunderstanding around why people …

Governing Terrorism Through Preemption: A Comparative Analysis Of Radicalization In Three Western Liberal Democracies, Derek M.D. Silva

Theses and Dissertations

In recent years, issues related to terrorism and counterterrorism are increasingly being understood through the construct of ‘radicalization.’ At its most basic level, radicalization is most often conceptualized as a transition from “normal,” conventional political, religious or otherwise ideological beliefs towards extremist views and ultimately violence. The process is now adopted by governmental officials and politicians, police authorities, journalists, and even scientists to justify various forms of governmental intervention, such as policing, social and public policy, education, and surveillance. Notably missing from the scholarly literature is a distinctly sociological understanding of the implications of the proliferation of radicalization discourse in …

Framing Marijuana: A Study Of How Us Newspapers Frame Marijuana Legalization Stories And Framing Effects Of Marijuana Stories, Hwalbin Kim

Theses and Dissertations

The current study was initially designed to look at how the issue of marijuana legalization was presented in U.S. newspapers and how news frames could influence the audiences’ attitudes or behavioral intentions. To investigate these questions, two different types of research methods were employed: content analysis and experiment. Using framing theory as a theoretical framework, this study found that marijuana legalization has been largely described as a legislation issue or a law enforcement issue, and medical benefit and medical risk were most frequently mentioned attributes to support and oppose marijuana legalization. Findings indicated that news frame could influence the public’s …

The Act Keytrain Program And The Act Workkeys Test Performance: An Action Research Study, Matthew T. Thompson

Theses and Dissertations

The purpose of this quantitative action research study was to describe the effectiveness of the American College Testing (ACT) KeyTrain program in the South Carolina Department of Corrections (SCDC), conducted with 50 inmate-student-participants who were enrolled in the Palmetto Unified School District’s Tyger River High School’s (TyRCI) adult education program. The identified problem of practice for this dissertation in practice (DiP) was an evaluation of the effectiveness of this program for one group of low socioeconomic status Black male inmate-student-participants. This evaluation was of vital importance to the Palmetto Unified School District (PUSD) and SCDC because ACT WorkKeys is one …

Still Runnin’ The Underground: A Critical Case Study Of An Adolescent African American Male Reflecting On School, Dalisha Shante Williams

Theses and Dissertations

Despite the vast amount of research on effectively educating African American students, there are few studies capturing the educational narratives of African American students, and specifically Black males, in their own words. Much of the literature focuses on dismal statistics and outcomes concerning African American male students. Drawing upon Woodson’s (1933) timeless critique of the miseducation of the Negro, Afrocentricity in education (Asante, 1987; King & Swartz, 2014,2016) emancipatory pedagogies, and Ladson-Billings’ (1994) theory of culturally relevant pedagogy, this study explores one adolescent African American male’s reflections on school. Using a critical case study methodology, one participant, Merrick, participated in …

December 7, 2016 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.