Law Commons^™

Don't Ban The Bars: Why The South Carolina General Assembly Should Decline To Adopt A Revenue Requirement For Liquor Licenses, C. William Bootle Ii

South Carolina Law Review

No abstract provided.

Disaggregating Legislative Intent, Jesse M. Cross

Faculty Publications

In statutory interpretation, theorists have long argued that the U.S. Congress is a “they,” not an “it.” Under this view, Congress is plural and nonhierarchical, and so it is incapable of forming a single, institutional intent. Textualists contend that this vision of Congress means interpreters must move away from concerns about intent altogether, and that they instead should speak in the register of textualism and its associated constitutional values, such as notice and congressional incentivization.

However, even if legislators’ intentions never coalesce into an institutional intent, a disaggregated-intent theory of legislation remains possible. Under this theory, statutes are understood as …

The Mandate Rule, Adam Crews

South Carolina Law Review

No abstract provided.

The New Federalism Frontier In Marijuana Legalization And Decriminalization, Oliver Roberts

South Carolina Law Review

No abstract provided.

Legislative History In The Modern Congress, Jesse M. Cross

Faculty Publications

A central debate in the field of legislation has asked: how reliable are the different types of legislative history? Yet there has been no understanding, throughout this debate, of who inside Congress drafts this legislative history. This is surprising, given the common intuition that authorship is a key indicator of reliability.

In response, this Article presents the results of an original empirical study—one that illuminates this unknown dimension of Congress, uncovering the actors and processes that produce modern legislative history. For this study, the author conducted interviews with congressional staffers drawn from both parties, both chambers of Congress, and numerous …

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 …

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.

The Staffer's Error Doctrine, Jesse M. Cross

Faculty Publications

Over the last forty years, a new type of legislator has arisen in Congress: one who, rather than drafting statutes, instead manages a staff bureaucracy that produces these statutes. By becoming a manager of bills, not a drafter of them, this new legislator has altered a key relationship in our democracy: that between members of Congress and the laws they enact. Yet no study has documented how this modern relationship works — i.e., has chronicled how today’s federal legislators learn the contents of bills — and thereby shown the modern relationship between legislator and law. Nor has any study reflected …

When Courts Should Ignore Statutory Text, Jesse M. Cross

Faculty Publications

Statutory interpreters often rely upon a fundamental assumption: namely, that every word of a statute is meant to be read — and given legal force — by the courts. This assumption unites both textualists and intentionalists, and it has been invoked by Justices as diverse as Chief Justice Marshall, Justice Stevens, and Justice Scalia — the last of whom called it a “cardinal rule of statutory interpretation.” It underpins at least nine separate canons of statutory interpretation, and it even shapes how courts interpret legislative documents beyond statutes. It is difficult to imagine a more central assumption in statutory interpretation. …

When You Cannot Just Say No: Protecting The Online Privacy Of Employees And Students, Samuel A. Thumma

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.

Land Of The Free, Home Of The Slave: Human Trafficking Legislation In South Carolina, Caroline A. Ross

South Carolina Law Review

No abstract provided.

Climate Change And The Confluence Of Natural And Human History: A Lawyer’S Perspective, Josh Eagle

Faculty Publications

No abstract provided.

Evolution Of Surface Water Regulation In South Carolina, Mullen Taylor

South Carolina Law Review

No abstract provided.

Intuitive Planning, Emily M. Morris

South Carolina Law Review

No abstract provided.

Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbulling Laws, Emily Suski

Faculty Publications

For several years, states have grappled with the problem of cyberbullying and its sometimes devastating effects. Because cyberbullying often occurs between students, most states have understandably looked to schools to help address the problem. To that end, schools in forty-six states have the authority to intervene when students engage in cyberbullying. This solution seems all to the good unless a close examination of the cyberbullying laws and their implications is made. This Article explores some of the problematic implications of the cyberbullying laws. More specifically, it focuses on how the cyberbullying laws allow schools unprecedented surveillance authority over students. This …

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.

Financial Disclosures And Fist-Fighting: Disorderly Behavior In The South Carolina General Assembly, Noah Glen Allen

South Carolina Law Review

No abstract provided.

The Contracting/Producing Ambiguity And The Collapse Of The Means/Ends Distinction In Employment, Julia Tomassetti

South Carolina Law Review

No abstract provided.

Student Cyber-Speech After Kowlaski V. Berkeley County Schools, Margaret A. Hazel

South Carolina Law Review

No abstract provided.

What Does Cfaa Mean And Why Should I Care - A Primer On The Computer Fraud And Abuse Act For Civil Litigators, Shawn E. Tuma

South Carolina Law Review

No abstract provided.

The Trouble With Negligence Per Se, Robert F. Blomquist

South Carolina Law Review

No abstract provided.

From Bad To Worse: Some Early Speculation About The Roberts Court And The Constitutional Fate Of The Poor, Andrew M. Siegel

South Carolina Law Review

No abstract provided.

Addressing Potential Drug Risks: The Limits Of Testing, Risk Signals, Preemption, And The Drug Reform Legislation, Margaret Gilhooley

South Carolina Law Review

No abstract provided.

Framework For The Next Civil Rights Act: What Tort Concepts Reveal About Goals, Results, And Standards, Derek W. Black

Faculty Publications

This article anticipates that the next president and the current Congress will likely pursue civil rights legislation for the first time since 1991. Their most significant and difficult task will be determining whether to retain the Supreme Court’s intentional discrimination standard. Because this issue has so often led to polemic debates and court decisions in the past, this article attempts to provide a neutral framework for that discussion. Relying on tort concepts and their longstanding connection to constitutional torts, it demonstrates that the attempt to create a standard to prohibit immoral or “wrongful” conduct is both misguided and will prove …

Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Luis Fuentes-Rohwer, Guy-Uriel E. Charles

South Carolina Law Review

No abstract provided.

Limited Liability Companies Are Off And Running: Historic Charleston Holdings, Llc V. Mallon, Accountings, And Derivative Actions In Llc Litigation, Carmen Harper Thomas

South Carolina Law Review

No abstract provided.

Ancillary Service And Self-Referral Arrangements In The Medical And Legal Professions: Do Current Ethical, Legislative, And Regulatory Policies Adequately Serve The Interests Of Patients And Clinets?, Benjamin P. Falit

South Carolina Law Review

No abstract provided.

Limiting Limitations: The Scope Of The Duty Of Reasonable Accommodation Under The Americans With Disabilities Act, Kelly Cahill Timmons

South Carolina Law Review

No abstract provided.

Damage Limitations In Medical Malpractice Actions: Necessary Legislation Or Unconstitutional Deprivation, William R. Padget

South Carolina Law Review

No abstract provided.