Digital Commons Network^™

Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Sahani

Faculty Scholarship

Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …

Memory Warriors, Pluralists, And Abnegators In Constitutional Interpretation: An Essay On Jack Balkin's Pluralist Originalism In Memory And Authority, Jed Handelsman Shugerman, Zachary Shugerman Handelsman

Faculty Scholarship

Jack Balkin’s Memory and Authority: The Uses of History in Constitutional Interpretation brings into conversation the scholarly insights of constitutional theory, history, and the growing field of “the politics of memory,” especially the concept of the “memory entrepreneur.”

Balkin appropriately connects the memory wars in American constitutional law back to Eastern

European memory wars during the World Wars and their aftermath. Prompted by Balkin, we turn to Jan Kubik and Michael Bernhard edited volume Twenty Years After Communism (2014), which has become even more widely influential after Putin’s invasion of Ukraine and a new round of Eastern European memory wars. …

Sidelining The Public, Anya Bernstein, Glen Staszewski, Wendy E. Wagner

Faculty Scholarship

This Article challenges the widely held view that Congress is the American government’s institution closest to the people, while administrative agencies are unaccountable and unresponsive. Providing a systematic, side-by-side institutional analysis, we compare the actual practices and capacities of these two institutions to engage affected publics in policymaking. We find that despite the democratic bona fides of an elected legislature, agencies possess superior capacities, more evolved practices, stricter rules, and stronger incentives for meaningful public engagement. Yet these capacities have been eroded—particularly over the last 50 years—by intensifying legal, political, and managerial obstacles. The Supreme Court and political actors have …

The Hypocrisy Of Data Governance, Zubair Shafiq, Olivia Figueira, Athina Markopoulou, Woodrow Hartzog, Michael Lavine

Faculty Scholarship

“Data governance” is an empty term, like a Rorschach inkblot just waiting to be filled with meaning. Tech companies take advantage of this ambiguity to craft narratives about their data-governance capabilities to fit their audience and purpose. On one hand, tech companies brag about their data-governance capabilities when it fits their business model (for example, to advertisers) and public image (for example, to their customers). On the other hand, tech companies claim that meaningful data governance is challenging or impossible when accountability is demanded.

In this Article, we argue that tech companies systematically misrepresent or selectively ignore their data-governance capabilities. …

Corporate Law's Duty Of Data Loyalty, Andy Serwin, Neil Richards, Woodrow Hartzog, Ryan Durrie

Faculty Scholarship

Privacy law used to be a relatively tidy field, involving a few interesting but discrete topics like press disclosures of private facts, wiretapping, and the processing of personal data by internet companies. But as the digital revolution continues to disrupt area after area of human activity and software “is eating the world,” the core concerns of privacy law such as “when is it appropriate to process personal data?” have similarly entered field after field. Today, most fields of law, including discrimination law, antitrust, and international law, have found it necessary to reckon with the questions of informational harm and power …

Negligent Hiring: Recidivism And Employment With A Criminal Record, Benjamin David Pyle

Faculty Scholarship

This Article tackles a difficult legal and policy challenge— reducing the impact of criminal records on job applicants’ chances in a manner that does not spur more discrimination—by looking at how another area of law, tort liability, impacts employers’ decision-making. It uses theoretical and empirical methods to study the most common reason employers report being reluctant to hire workers with a criminal record: legal liability generated by the tort of negligent hiring. While the purpose of the tort is ostensibly to protect and make whole those harmed when an employee misbehaves in a foreseeable manner, I show that, in practice, …

Tirza Faris Fewell Letters - Accession 1458, Tirza Jane Faris Fewell, Fewell Family

Manuscript Collection

This collection consists primarily of personal correspondence addressed to Tirza Jane Faris Fewell (1858–1928), including letters from family members, friends, and her future husband, Samuel Alexander Fewell (1850–1908). The correspondence provides insight into family relationships, courtship, and daily life in the late nineteenth century.

Letters from family members contain updates on the health of relatives, news of personal plans and future goals, and accounts of significant family events, including the death of Tirza’s grandmother. Correspondence from friends—some unidentified—includes social updates such as news of a marriage, travel arrangements involving Rock Hill, invitations to visit, and requests for assistance with household …

Mary Hollis Papers - Accession 1457, Mary Hollis Faris, Hollis Family

Manuscript Collection

This Mary Hollis Letters consists of personal correspondence dating from 1932 to 1935, including letters and postcards addressed to members of the Hollis family, primarily Mary Hollis Faris (1911-1986) who was a 1932 graduate of Winthrop College. The correspondence documents family relationships, travel, daily activities, and social life during the period. A significant portion of the letters reflects a courtship between Mary Hollis and her future husband John Franklin “Frank” Faris (1909-1981), offering insight into romantic relationships, social customs, and leisure activities in the early 1930s. The series also includes communications among family members that reference vacations, weather, household matters, …

Rogers Historical German Book Collection - Accession 1533, Jim Rogers

Manuscript Collection

This collection consists of printed monographs and illustrated volumes published primarily in Germany between 1879 and 1944 (bulk 1922-1944). The books focus on German and European art, architecture, cultural history, geography, music, and regional studies. Many volumes are richly illustrated and were intended for educational, scholarly, or general audiences.

The collection includes works on medieval and modern architecture, urban and regional studies of German cities and landscapes, art history surveys, music education, and biographies of prominent cultural figures such as Richard Wagner, Karl Friedrich Schinkel, and Matthias Grünewald. Several titles document historic buildings, churches, castles, and cultural landmarks across Germany …

Lindsay Pettus–J. Marion Sims Research Papers - Accession 1733, David Lindsay Pettus, James Marion Sims

Manuscript Collection

The Lindsay Pettus–J. Marion Sims Research Papers document historical research conducted by historian and conservationist Lindsay Pettus (1940–2020) on Dr. James Marion Sims (1813–1883), a native of Lancaster County, South Carolina, who is historically recognized for his role in the development of modern gynecology. The collection reflects Pettus’s sustained interest in documenting Sims’s life, medical career, legacy, and public commemoration, particularly within South Carolina.

The collection consists of research files, correspondence, printed materials, photographs, postcards, and reference notes compiled during Pettus’s research activities. Research materials include internet articles, photocopies of published writings, a photocopy of Sims’s autobiography, bibliographies, book lists …

National Master Farm Homemakers Guild Record - Accession 1734, National Master Farm Homemakers Guild

Manuscript Collection

The National Master Farm Homemaker’s Guild Records document the activities, governance, and programs of the National Master Farm Homemaker’s Guild, an organization founded in 1929 to promote the highest possible standard of living in the farmhouse and to emphasize the positive aspects of farm life. The collection reflects the Guild’s efforts to support farm homemakers through leadership, education, and national and state-level coordination.

The collection consists primarily of administrative records, including presidents’ reports, national convention materials, and meeting minutes. Presidents’ reports provide insight into organizational priorities, initiatives, and communications between the national leadership and state guilds during the early 1980s. …

Kathryn Summers Powell Papers - Accession 1741, Kathryn Summers Powell

Manuscript Collection

The Kathryn Summers Powell Papers document the professional career and administrative work of Dr. Kathryn Summers Powell (1920–2000), Professor of Home Economics at Winthrop College from 1960 to 1976. The collection primarily reflects Dr. Powell’s leadership in program development, departmental administration, and applied family and community education initiatives during her tenure at Winthrop.

Materials in the collection consist of faculty manuals, interoffice memoranda, accounting and reimbursement records, calendars, and internal policy documents that illustrate the operational and administrative functions of the Home Economics Department. Of particular significance are records related to curriculum planning and program development, including notes and drafts …

Jordan Panoramic Photograph Collection - Accession 1767, Carol Mcwhorter Jordan

Manuscript Collection

The Jordan Panoramic Photograph Collection consists of two early twentieth-century panoramic photographs that document large-scale institutional and organizational gatherings in the American South. The images are dated 1905 and 1912 and reflect the use of panoramic photography to capture expansive scenes, collective identity, and public activity during this period.

The first photograph, taken in 1912 by the Russell Bros. photographic studio and labeled “Panorama no. 871,” depicts Camp Pettus, a military training camp located in Anniston, Alabama. The image provides a wide view of the camp’s layout, personnel, and infrastructure, offering visual evidence of early twentieth-century military preparedness and training …

Rev. William Cummins Davis Collection - Accession 1782, William Cummins Davis

Manuscript Collection

The Rev. William Cummins Davis Collection consists primarily of a bound 1823 volume titled Lectures on the New Testament: In Which the Four Evangelists Are Harmonized, and the Work Interspersed with Critical Notes and Observations on Several Passages. Published posthumously by Davis’s eldest son, the Rev. Robert M. Davis (1793–1824), this volume is one of eight issued in a projected series originally intended to comprise only two volumes. The work compiles sermons, theological lectures, and critical annotations reflecting Davis’s distinctive interpretations of the New Testament.

William Cummins Davis (1760–1831) was a prominent and controversial Presbyterian minister in the Carolinas …

Pettus Family Papers - Accession 1731, Pettus Family

Manuscript Collection

The Pettus Family Papers document the history, genealogy, landholdings, and daily life of multiple generations of the Pettus family, with roots in Indian Land, South Carolina, and branches extending throughout the southeastern United States and abroad. The collection spans the nineteenth through the early twenty-first centuries and includes family histories, genealogical research, correspondence, legal and financial records, photographs, reminiscences, literary works, and artifacts. Together, these materials provide a comprehensive record of family relationships, agricultural and commercial enterprises, property ownership, and historical memory.

A significant portion of the collection is devoted to genealogical research and family history, including compiled genealogies, correspondence …

Helen Ruth Chambers Papers - Accession 1748, Helen Ruth Chambers Wren

Manuscript Collection

The Helen Ruth Chambers Papers document the undergraduate experience of Helen Ruth Chambers Wren (1909–1985) during her years as a student at Winthrop College, from the late 1920s through her graduation in 1931 with a Bachelor of Arts and Sciences. Helen was one of three sisters that graduated from Winthrop including Ella Margaret Chambers (Class of 1929) and Dorothy Chambers (Class of 1935). The collection consists primarily of student publications, academic work, and ephemera reflecting campus life, student organizations, and intellectual culture during this period.

Materials include a Winthrop College commencement announcement and program from 1929; student handbooks published by …

Annie V. Dunn Papers - Accession 1895, Annie Vredenburgh Dunn

Manuscript Collection

The Annie V. Dunn Papers document both the personal life and professional legacy of Ms. Annie Vredenburg Dunn (1876-1966), who served as head of the Winthrop College Department of Fine Arts for more than three decades from 1909-1947. The collection comprises correspondence, pamphlets, brochures, drawings, newspaper clippings, photographs, drawing instruments, and related materials that collectively illustrate her contributions to the development of Winthrop College’s Fine Arts Department, as well as her broader influence as an educator and member of her community.

Included within the collection are letters from family members, friends, and professional colleagues; records of contacts with various institutions …

Carol Jean Jennings Wts Memorabilia Collection - Accession 1802, Carol Jean Jennings

Manuscript Collection

The Carol Jean Jennings WTS Memorabilia Collection consists of materials documenting her student experience at the Winthrop Training School and the graduating class of 1955. The collection includes photographs, newspaper clippings, programs, tickets, postcards, and a 1955 Garnet and Gold WTS yearbook.

These materials provide insight into student life, school activities, and commemorative events associated with Winthrop Training School during this period.

Susan Huffman Pruitt Collection - Accession 1445, Susan Huffman Pruitt

Manuscript Collection

The Susan Huffman Pruitt Collection consists of materials documenting Pruitt’s experiences as a student at Winthrop College and her continued involvement with the institution as an alumna. Pruitt (1919-2015) graduated from Winthrop College in 1940. The collection includes three bound volumes of Winthrop College’s Tatler yearbooks from 1937-1939, Winthrop publications, newspapers and newspaper clippings, alumni and class reunion materials, photographs, and miscellaneous items.

The collection provides insight into student life at Winthrop College during the late 1930s and early 1940s. The Tatler yearbooks and other Winthrop publications document campus activities, student organizations, events, and other aspects of college life. Photographs …

Mary Cole Nibarger Wts Collection - Accession 1855, Mary Cole Parks Nibarger

Manuscript Collection

The Mary Cole Nibarger Collection consists of materials documenting Mrs. Mary Cole Parks Nibarger’s (1930-2021) teaching experience at the Winthrop Training School. Mrs. Nibarger was a 1951 Winthrop College graduate and was employed with the Winthrop Training School from September 1955 until its close in 1965. She served in many capacities including Supervisor of Mathematics and Freshman Class Sponsor. The collection reflects her commitment to education and dedication to the Winthrop Training School.

The collection includes yearbooks, class reunion correspondence, photographs, newspaper clippings, and miscellaneous items. The yearbooks document the students of WTS in the years 1956-1958, 1960, and 1962-1965. …

Dr. David M. Lowry Papers - Accession 1906, David Michael Lowry

Manuscript Collection

The Dr. David Lowry Papers document the life and career of Dr. David Michael Lowry (1938-2025), an organist, musicologist, and music professor at Winthrop University from 1965 to 2011. Lowry was Professor of Music Emeritus at Winthrop and helped establish the York County Choral Society in 1981, serving as its artistic director for 31 years.

The collection consists of biographical and family materials, correspondence, certificates, church and recital programs, newspaper clippings, musical scores, photographs, physical media, and artifacts. Materials document Lowry’s education, teaching career, musical performances, research, and professional accomplishments. The collection includes numerous musical scores and research materials relating …

Floribunda Garden Club Records, Garden Club, Floribunda

Manuscript Collection

This collection consists of the records of the Floribunda Garden Club of Rock Hill, South Carolina, documenting the club’s activities, organization, and community involvement from its founding in 1955 through approximately 2015. The club was founded with the objective of promoting “the love of flowers, beautification of our gardens and the home of each member.” The collection includes meeting minutes, yearbooks, correspondence, event flyers, newspaper clippings, constitutions and bylaws, and four scrapbooks.

The scrapbooks and yearbooks document club officers and members, meetings, gardening activities, community projects, awards and recognitions, and other club events. The collection also includes materials relating to …

George White Family Papers - Accession 1900, White Family

Manuscript Collection

This collection consists of bound volumes, family Bibles, lecture and financial notebooks, diaries, scrapbooks, photographs, magazines, publications, and memorabilia collected or owned by members of the White family and related families. The White family, descendants of George Pendleton and Ann Hutchinson White, was among the founding families of Rock Hill, South Carolina, and played a significant role in the development and history of the community. The family’s historical presence in Rock Hill is also reflected in the White Home, one of the early homes constructed in the city and now a local historic attraction, and White Street in downtown Rock …

Romanist-Bourgeois Property And The Development Of The Modern Capitalist World System, Anna Di Robilant

Faculty Scholarship

This article examines the role of Romanist-bourgeois property law in the development of the modern capitalist world system, focusing on how nineteenth-century jurists deliberately crafted and adapted Roman law-based property doctrines to address the evolving social relations of production in both Europe and its peripheries. Rather than viewing legal concepts as merely reflective of broader economic transformations, the author highlights the active role played by a professional class of jurists in shaping property law to legitimize and structure emergent capitalist class dynamics. The article critically engages with competing scholarly perspectives that either privilege market expansion or downplay class relations, arguing …

Universities, Capital, And Democratic Vulnerability, Steven Dean, Dana Brakman Reiser

Faculty Scholarship

For many, the university serves as a crucial guardian of democracy. Still, the capitulation of leading American private universities to authoritarian pressure from the Trump Administration should not be terribly surprising. This Essay offers one reason why. It does so by focusing on the law governing private nonprofit universities. It examines both the origins and the impact of a fundamental tension between their charitable missions and their need for capital. It shows how the legal framework designed to protect these nonprofit universities from market pressures can actually intensify their vulnerability.

The so-called “nondistribution constraint” stands at the core of U.S. …

Privacy’S Autonomy Thicket: Disentangling Choice, Consent And Control, Jordan Francis, Woodrow Hartzog, Neil Richards

Faculty Scholarship

When it comes to talking about autonomy, privacy law could use a little clarity. Its discourse uses terms like “choice,” “consent,” and “control” to evoke autonomy, but these terms are too rarely defined and too often used interchangeably, even though they can mean very different things. The three terms have become entangled in a way that has become confusing and counterproductive. We call this problem “privacy’s autonomy thicket,” and it matters because it encourages talking past each other in policy debates, enabling the redefinition of these terms in misleading ways that produce weak and disempowering “notice and choice” regimes.

In …

Can I Get A Witness? The Ethical Dimensions Of Family Presence In Patient Suffering, Jennifer Blumenthal-Barby, Trevor M Bibler, Holland Kaplan, Adam Omelianchuk, Joanna Smolenski

Center for Medical Ethics and Health Policy Staff Publications

For patients who are suffering, the bedside presence of a family member can provide comfort, and many people hold that there is moral value in being present with a conscious, suffering patient. Yet what is the moral significance of the absence of family members when a patient is minimally conscious or unconscious and not aware of their absence? Clinicians are often troubled when family members and surrogate decision-makers who are able to spend a significant amount of time at an unconscious, seriously ill patient's bedside do not do so. Clinicians feel frustrated that they must bear the burden of witnessing …

What Is “The Nation’S History And Tradition?”: Using History To Redefine “Liberty” And Applying A New Deeply Rooted Test To Transgender Rights, Kaori Kawaguchi

American University Journal of Gender, Social Policy & the Law

INTRODUCTION: “In a Constitution for a free people, there can be no doubt that the meaning of ‘liberty’ must be broad indeed.” In Roe v. Wade, the Court considered a woman’s liberty right to decide whether to continue a pregnancy or have an abortion and recognized the constitutional validity of a liberty right to abortion as part of the right to privacy. In Roe, the Court concluded, “[o]nly personal rights that can be deemed ‘fundamental’ or ‘implicit in the concept of ordered liberty’ are included in the guarantee of a right of personal privacy.” Liberty should be “left to …

Nonviolent Felony Offenders And The Second Amendment: Reexamining Categorical Disarmament Laws In Light Of Bruen And Rahimi, Nikolay Belardi

American University Journal of Gender, Social Policy & the Law

INTRODUCTION: The Second Amendment ensures that “the right of the people to keep and bear Arms, shall not be infringed.” In a country with more civilian-owned firearms than people—and more gun dealers than McDonald’s, Burger King, Subway, and Wendy’s locations combined—it is no surprise that Americans pride themselves on their right to bear arms. However, a majority of the American population favors stricter gun laws and regulations, a position that seems sensible given that mass shootings are an all-too-familiar occurrence in the United States. The enshrinement of the right to bear arms in the Constitution limits the laws and regulations …

Beyond Bathrooms: The Far-Reaching Consequences Of Denying Gender Identity In Adams V. School Board Of St. Johns County, Jeffrey Sun, Regina Umpstead Pratel

American University Journal of Gender, Social Policy & the Law

INTRODUCTION: The transgender community continues to face discrimination in United States society, and legal protections are unlikely to change anytime soon. Understanding the broader context of these challenges helps explain why some instances of discrimination in public schools may be overlooked or even supported by public officials. An examination of recent judicial rulings concerning transgender students’ access to restrooms corresponding with their gender identity—situated within the broader convergence of national legal and social developments—provides critical insight into the structural barriers faced by transgender students within the educational system and transgender individuals in society at large. Significantly, the growing visibility of …