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Articles 1 - 30 of 85
Full-Text Articles in Law
Inside Voices: Protecting The Student-Critic In Public Schools, Josie F. Brown
Inside Voices: Protecting The Student-Critic In Public Schools, Josie F. Brown
Faculty Publications
First Amendment doctrine acknowledges the constructive potential of citizens’ criticism of public officials and governmental policies by offering such speech vigilant protection. However, when students speak out about perceived injustice or dysfunction in their public schools, teachers and administrators too often react by squelching and even punishing student-critics. To counteract school officials’ reflexively repressive responses to student protest and petition activities, this Article explains why the faithful performance of public schools’ responsibility to prepare students for constitutional citizenship demands the adoption of a more receptive and respectful attitude toward student dissent. After documenting how both educators and courts have mistakenly …
Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black
Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black
Faculty Publications
Two major structural shifts have occurred in education reform in the past two decades: the decline of civil rights reforms and the rise of charter schools. Courts and policy makers have relegated traditional civil rights reforms that address segregation, poverty, disability, and language barriers to near irrelevance, while charter schools and policies supporting their creation and expansion have rapidly increased and now dominate federal policy. Advocates of traditional civil rights reforms interpret the success of charter schools as a threat to their cause, and, consequently, have fought the expansion of charter schools. This Article argues that the civil rights community …
Beyond Law Enforcement: Camreta V. Greene, Child Protection Investigations, And The Need To Reform The Fourth Amendment Special Needs Doctrine, Josh Gupta-Kagan
Beyond Law Enforcement: Camreta V. Greene, Child Protection Investigations, And The Need To Reform The Fourth Amendment Special Needs Doctrine, Josh Gupta-Kagan
Faculty Publications
The Fourth Amendment “special needs” doctrine distinguishes between searches and seizures that serve the “normal need for law enforcement” and those that serve some other “special need,” excusing non-law enforcement searches and seizures from the warrant and probable cause requirements. The Supreme Court has never justified drawing this bright line exclusively around law enforcement searches and seizures but not those that threaten important non-criminal constitutional rights.
Child protection investigations illustrate the problem: Millions of times each year, state child protection authorities search families’ homes, and seize children for interviews about alleged maltreatment. Only a minority of these investigations involve an …
Ferc Order 1000 As A New Tool For Promoting Energy Efficiency And Demand Response, Shelley Welton, Michael Gerrard
Ferc Order 1000 As A New Tool For Promoting Energy Efficiency And Demand Response, Shelley Welton, Michael Gerrard
Faculty Publications
In July 2011, the Federal Energy Regulatory Commission (FERC) issued Order No. 1000, the latest in a series of orders directed at improving federal transmission access, planning, and coordination. Order 1000 requires, for the first time, that electricity transmission providers engage in regionwide transmission planning, and further mandates that such planning consider how federal and state public policies affect transmission needs. Public utility transmission providers are now in the process of amending their operating tariffs to comply with this new order. It is therefore an important time for all those with an interest in the future of the electric grid …
Bullshit!: Why The Retroactive Application Of Federal Rules Of Evidence 413-414 And State Counterparts Violates The Ex Post Facto Clause, Colin Miller
Faculty Publications
In Calder v. Bull, the Supreme Court recognized four types of laws that cannot be applied retroactively consistent with the Ex Post Facto Clause, including “[e]very law that alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offence, in order to convict the offender.” But, in its opinion in Carmell v. Texas, the Court determined that ordinary rules of evidence do not violate the Clause because they (1) are “evenhanded, in the sense that they may benefit either the State or the defendant in a …
Testing The Reach Of Ucc Article 9: The Question Of Tax Credit Collateral In Secured Transactions, Christopher K. Odinet
Testing The Reach Of Ucc Article 9: The Question Of Tax Credit Collateral In Secured Transactions, Christopher K. Odinet
South Carolina Law Review
No abstract provided.
The Original Meaning Of Civility: Democratic Deliberation At The Philadelphia Constitutional Convention, Derek A. Webb
The Original Meaning Of Civility: Democratic Deliberation At The Philadelphia Constitutional Convention, Derek A. Webb
South Carolina Law Review
No abstract provided.
The Ninety-Five Theses: Systemic Reforms Of American Legal Education And Licensure, Brent E. Newton
The Ninety-Five Theses: Systemic Reforms Of American Legal Education And Licensure, Brent E. Newton
South Carolina Law Review
No abstract provided.
Beware Of The Diamond Dogs: Why A 'Credentials Alone' Conception Of Probable Cause Violates The Compulsory Process Clause, Colin Miller
Beware Of The Diamond Dogs: Why A 'Credentials Alone' Conception Of Probable Cause Violates The Compulsory Process Clause, Colin Miller
Faculty Publications
In Florida v. Harris, the State has asked the Supreme Court to find that a positive alert by a certified narcotics-detection dog is per se sufficient, in and of itself, to establish probable cause for the search of a vehicle. This essay, to be published in conjunction with Leslie Shoebotham's amici brief in Harris, argues that this "credentials alone" conception of probable cause violates the Compulsory Process Clause.
Complex And Murky Spatial Planning, Josh Eagle
Complex And Murky Spatial Planning, Josh Eagle
Faculty Publications
No abstract provided.
Sarbanes-Oxley's Whistleblower Provisions: Ten Years Later, Richard Moberly
Sarbanes-Oxley's Whistleblower Provisions: Ten Years Later, Richard Moberly
South Carolina Law Review
No abstract provided.
Lonely Colonist Seeks Wife: The Forgotten History Of America’S First Mail Order Brides, Marcia A. Yablon-Zug
Lonely Colonist Seeks Wife: The Forgotten History Of America’S First Mail Order Brides, Marcia A. Yablon-Zug
Faculty Publications
No abstract provided.
Qualified Immunity, Mistaken Shootings, And The Persistent Importance Of Perspective: Henry V. Purnell, 652 F.3d 524 (4th Cir. 2011)(En Banc), Stephen Wills Murphy
Qualified Immunity, Mistaken Shootings, And The Persistent Importance Of Perspective: Henry V. Purnell, 652 F.3d 524 (4th Cir. 2011)(En Banc), Stephen Wills Murphy
South Carolina Law Review
No abstract provided.
Eyephones: A Fourth Amendment Inquiry Into Mobile Iris Scanning, Christopher R. Jones
Eyephones: A Fourth Amendment Inquiry Into Mobile Iris Scanning, Christopher R. Jones
South Carolina Law Review
No abstract provided.
Show Me The Money: Mcclurg V. Deaton And The Introduction Of A Defense As To Damages Only For Default Judgments In South Carolina, Jessica L. O'Neil
Show Me The Money: Mcclurg V. Deaton And The Introduction Of A Defense As To Damages Only For Default Judgments In South Carolina, Jessica L. O'Neil
South Carolina Law Review
No abstract provided.
South Carolina Women Are Not Preexisting Conditions, Elizabeth A. Hoskins
South Carolina Women Are Not Preexisting Conditions, Elizabeth A. Hoskins
South Carolina Law Review
No abstract provided.
Who's To Blame: How Genetic Information Will Lead To More Accurate Decisions In Toxic Tort Litigation, Allison Hite
Who's To Blame: How Genetic Information Will Lead To More Accurate Decisions In Toxic Tort Litigation, Allison Hite
South Carolina Law Review
No abstract provided.
Do Embryos Have Constitutional Rights: Doe V. Obama, Sara I. Salehi
Do Embryos Have Constitutional Rights: Doe V. Obama, Sara I. Salehi
South Carolina Law Review
No abstract provided.
State Immunity From Patent Infringement Lawsuits: Inverse Condemnation As An Alternative Remedy, Wesley D. Greenwell
State Immunity From Patent Infringement Lawsuits: Inverse Condemnation As An Alternative Remedy, Wesley D. Greenwell
South Carolina Law Review
No abstract provided.
Who Decides On Liberty?, Thomas P. Crocker
Who Decides On Liberty?, Thomas P. Crocker
Faculty Publications
Whether approached as a matter of executive discretion, judicial role, or individual rights, questions about security are never far removed from questions about liberty. Tradeoffs between liberty and security often seem unavoidable. Defenders of unbounded executive power argue that security relies on experts to whom citizens and courts alike must defer. But, if the tradeoff between security and liberty is to be a real weighing of the risks, costs, benefits, burdens, and consequences of various policy decisions, then who has the necessary expertise to decide on liberty? After all, to make decisions about the appropriate balance between security and liberty …
Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton
Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton
Faculty Publications
No abstract provided.
Playing Without Aces: Offset And The Limits Of Flexibility Under Clean Air Act Climate Policy, Nathan D. Richardson
Playing Without Aces: Offset And The Limits Of Flexibility Under Clean Air Act Climate Policy, Nathan D. Richardson
Faculty Publications
The United States Environmental Protection Agency (EPA) continues to move ahead with regulation of greenhouse gas emissions under the Clean Air Act (CAA). Previous work has indicated that basic forms of compliance flexibility—trading—appear to be legally permissible under section III of the CAA. This Article takes a close look at more expansive and ambitious types of flexibility: trading between different kinds of sources, biomass co-firing, and above all, offsets. It concludes that most types of such extended flexibility are either legally incompatible with the CAA, or so legally problematic that EPA is unlikely to adopt them. This has important implications …
In Memoriam: Matthew J. Perry, Jr.
Sovereign Citizens: A Homegrown Terrorist Threat And Its Negative Impact On South Carolina, Michelle Theret
Sovereign Citizens: A Homegrown Terrorist Threat And Its Negative Impact On South Carolina, Michelle Theret
South Carolina Law Review
No abstract provided.
Beware Of The Prior Knowledge Provision: A Comment On Bryan Brothers, Inc. V. Continent Casualty Co., Joshua A. Bennett
Beware Of The Prior Knowledge Provision: A Comment On Bryan Brothers, Inc. V. Continent Casualty Co., Joshua A. Bennett
South Carolina Law Review
No abstract provided.
Blinded By A Bright Line: An Analysis Of The Fairfield Formula And Its Impact On Existing Laws And Legislative Procedure, Thomas A. Limehouse Jr.
Blinded By A Bright Line: An Analysis Of The Fairfield Formula And Its Impact On Existing Laws And Legislative Procedure, Thomas A. Limehouse Jr.
South Carolina Law Review
No abstract provided.
The Rise And Fall Of Crossmann: The South Carolina Supreme Court's Double Take On Whether A Cgl Insurance Policy Covers Progressive Property Damage Resulting From Faulty Workmanship, John C. Bruton
South Carolina Law Review
No abstract provided.