Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Education Law (7)
- Civil Rights and Discrimination (4)
- Constitutional Law (3)
- Criminal Law (3)
- International Law (3)
-
- Banking and Finance Law (2)
- Business (2)
- Contracts (2)
- Disability Law (2)
- Intellectual Property Law (2)
- Jurisprudence (2)
- Law and Race (2)
- Law and Society (2)
- Administrative Law (1)
- Business Law, Public Responsibility, and Ethics (1)
- Business Organizations Law (1)
- Commercial Law (1)
- Comparative and Foreign Law (1)
- Criminal Procedure (1)
- Environmental Law (1)
- Evidence (1)
- Gaming Law (1)
- Housing Law (1)
- Human Rights Law (1)
- International Business (1)
- International Trade Law (1)
- Juvenile Law (1)
- Law Enforcement and Corrections (1)
- Law and Gender (1)
- Keyword
-
- Education Law (6)
- Civil Rights (4)
- Employment Practice and the Law (4)
- Criminal Law and Procedure (3)
- Generally (3)
-
- Jurisprudence (3)
- Legal Practice and Procedure (3)
- Race (3)
- Affirmative Action (2)
- And the Law (2)
- Constitutional Law (2)
- Corporate governance (2)
- Democracy (2)
- Education (General) (2)
- Employment (2)
- Ethnicity (2)
- Evidence (2)
- Intellectual Property Law (2)
- International Law (2)
- Judges (2)
- Law and Society (2)
- Legislation (2)
- Music (2)
- Schools (2)
- Sexual harassment (2)
- State and Local Government Law (2)
- Voting (2)
- #MeToo (1)
- Administrative Law (1)
- Afrofuturism (1)
- Publication
- Publication Type
Articles 1 - 30 of 68
Full-Text Articles in Law
Tragedies Of The Cultural Commons, Etienne C. Toussaint
Tragedies Of The Cultural Commons, Etienne C. Toussaint
Faculty Publications
In the United States, Black cultural expressions of democratic life that operate within specific historical-local contexts, yet reflect a shared set of sociocultural mores, have been historically crowded out of the law and policymaking process. Instead of democratic cultural discourse occurring within an open and neutral marketplace of ideas, the discursive production and consumption of democratic culture in American politics has been rivalrous. Such rivalry too often enables dominant White supremacist cultural beliefs, values, and practices to exercise their hegemony upon law’s production and meaning. The result has been tragedy for politically disempowered and socioeconomically excluded communities.
This Article uses …
For Their Own Good: Girls, Sexuality, And State Violence In The Name Of Safety, Madalyn K. Wasilczuk
For Their Own Good: Girls, Sexuality, And State Violence In The Name Of Safety, Madalyn K. Wasilczuk
Faculty Publications
No abstract provided.
Equal Dignity, Colorblindness, And The Future Of Affirmative Action Beyond Grutter V. Bollinger, Thomas P. Crocker
Equal Dignity, Colorblindness, And The Future Of Affirmative Action Beyond Grutter V. Bollinger, Thomas P. Crocker
Faculty Publications
In Grutter v. Bollinger the Supreme Court held that diversity was a compelling interest for equal protection purposes that justifies limited consideration of race through affirmative action programs. But there was a catch. The Court predicted that diversity would cease to be a compelling interest within twenty-five years. This Article examines the surprising doctrinal and conceptual implications that would follow if, having both the motive and means, the Court were to overturn Grutter before its predicted 2028 sunset. Exploring internal tensions within existing doctrine, this Article argues that even if the Court were to overturn Grutter, a form of race-conscious …
Darnell, Latoya, Brad, And Laurie: Lawyers’ Responses To Email Requests For Representation, Elizabeth S. Chambliss
Darnell, Latoya, Brad, And Laurie: Lawyers’ Responses To Email Requests For Representation, Elizabeth S. Chambliss
Faculty Publications
No abstract provided.
Solving The "King Lear Problem", Benjamin Means
Solving The "King Lear Problem", Benjamin Means
Faculty Publications
In Shakespeare’s play, King Lear, an aging ruler relinquished control to two of his three daughters. The succession failed miserably, destroying his family and destabilizing his kingdom. King Lear shows why few family businesses survive beyond three generations. Understanding Lear’s failure is crucial to avoiding Lear’s fate, whether the family business in question is a monarchy, a media empire, or a hardware store. The conventional wisdom is that Lear gave away his kingdom too soon and left himself vulnerable to predatory heirs. This has been referred to as the “King Lear Problem.”
The conventional wisdom is wrong. Lear’s succession plan …
Rectifying Wrongful Convictions Through The Dormant Grand Jury Clause, Colin Miller
Rectifying Wrongful Convictions Through The Dormant Grand Jury Clause, Colin Miller
Faculty Publications
In 1995, Lamar Johnson was convicted of a murder in St. Louis. Twenty-two years later, St. Louis Circuit Attorney Kimberly Gardner created a Conviction Integrity Unit (CIU) to review possible wrongful convictions. After reviewing Johnson’s case, the CIU concluded that Johnson was innocent. Then, consistent with her special responsibility as a prosecutor to seek to remedy wrongful convictions, Gardner filed a motion for a new trial. The court, however, denied the motion, holding that there was no enabling legislation in Missouri authorizing CIUs to seek relief for wrongful convictions. Gardner is not alone in her inability to rectify wrongful convictions. …
Climate Change Compliance, Susan S. Kuo, Benjamin Means
Climate Change Compliance, Susan S. Kuo, Benjamin Means
Faculty Publications
Unless corporations prioritize climate change mitigation, efforts to control global warming will fail. Yet, the strategies that have been proposed for enlisting corporations are insufficient to the task. In our era of political polarization, a comprehensive “Green New Deal” to transition the U.S. economy away from fossil fuels is a nonstarter. Nor can we expect corporate risk management or social responsibility to fill the gap; there are practical limits to how far corporate managers can depart from strategies designed to maximize profits for investors.
This Article contends that climate change is a compliance issue. Scholars have overlooked compliance as a …
Creditors’ Rights In Property Subject To A Beneficiary’S Right Of Withdrawal, S. Alan Medlin, F. Ladson Boyle
Creditors’ Rights In Property Subject To A Beneficiary’S Right Of Withdrawal, S. Alan Medlin, F. Ladson Boyle
Faculty Publications
Estate plans often give trust beneficiaries powers of withdrawal for both tax and nontax reasons. For tax reasons, these powers of withdrawal are typically limited, such as a “five or five power” or a so-called Crummey power commonly pegged to the annual gift tax exclusion amount. A central issue with limited powers of with-drawal is the right of a beneficiary’s creditor to reach trust property subject to the beneficiary’s power to withdraw. Recent uniform statutes, such as the Uniform Trust Code and the Uniform Power of Appointment Act, as well as the Restatement (Third) of Trusts, provide guidance. This Article …
And Then There Were Two: Splitting South Carolina's Department Of Health And Environmental Control, Arslan S. Valimohamed
And Then There Were Two: Splitting South Carolina's Department Of Health And Environmental Control, Arslan S. Valimohamed
South Carolina Law Review
No abstract provided.
Observing The Effects Of Automating The Judicial System With Behavioral Equivalenc, Joseph A. Blass
Observing The Effects Of Automating The Judicial System With Behavioral Equivalenc, Joseph A. Blass
South Carolina Law Review
No abstract provided.
Promoting Diversity As Professionalism, Davis G. Yee
Promoting Diversity As Professionalism, Davis G. Yee
South Carolina Law Review
No abstract provided.
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
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.
The Sultans Of Stream: How Big Streaming Services Have Used Their Oligopsony Power In The Music Industry To Leave Millions Of Musicians In Dire Straits, Benjamin Stevens
The Sultans Of Stream: How Big Streaming Services Have Used Their Oligopsony Power In The Music Industry To Leave Millions Of Musicians In Dire Straits, Benjamin Stevens
South Carolina Law Review
No abstract provided.
Employee Nondisclosure Agreements In South Carolina: Easily Made, Easily Broken, Samuel C. Williams
Employee Nondisclosure Agreements In South Carolina: Easily Made, Easily Broken, Samuel C. Williams
South Carolina Law Review
No abstract provided.
Racial Disparities In South Carolina's Juvenile Justice System: Why They Exist And How They Can Be Reduced, Grace E. Driggers
Racial Disparities In South Carolina's Juvenile Justice System: Why They Exist And How They Can Be Reduced, Grace E. Driggers
South Carolina Law Review
No abstract provided.
Preventing The Professional's Impossible Choice: Paving The Path For Recognizing Ethical Codes As Public Policy In The Context Of Wrongful Discharge In South Carolina, Matthew B. Abney
South Carolina Law Review
No abstract provided.
Developing Nuclear Energy With Advanced Cost Recovery: Learning From The V.C. Summer Project Abandonment, Mary Geer Kirkland
Developing Nuclear Energy With Advanced Cost Recovery: Learning From The V.C. Summer Project Abandonment, Mary Geer Kirkland
South Carolina Law Review
No abstract provided.
Should I Stay Or Should I Go? South Carolina's Nonlawyer Judges, Christel Purvis
Should I Stay Or Should I Go? South Carolina's Nonlawyer Judges, Christel Purvis
South Carolina Law Review
No abstract provided.
The Lived Experience Of Health Insurance: An Analysis And Proposal For Reform, Jacqueline R. Fox
The Lived Experience Of Health Insurance: An Analysis And Proposal For Reform, Jacqueline R. Fox
Faculty Publications
People are carrying tens of billions of dollars of medical debt, much of it in collections. We delay going to the Emergency Department while having a heart attack because it may cost too much. Doctors try to help insured patients find the best coupon to offset the high copayment for a necessary prescription drug. For inexpensive drugs, insurers make a profit by clawing back copayments that exceed what the drug costs. People who are already arbitrarily disadvantaged because of race, gender, health status, LGBTQ status, obesity, etc. are disproportionately burdened by all of this.
No one would design a system …
Institutional Betrayals As Sex Discrimination, Emily Suski
Institutional Betrayals As Sex Discrimination, Emily Suski
Faculty Publications
Title IX jurisprudence has a theoretical and doctrinal inadequacy. Title IX’s purpose is to protect public school students from sex discrimination in all its forms. Yet, courts have only recognized three relatively narrow forms of sex discrimination under it. Title IX jurisprudence, therefore, cannot effectively recognize as sex discrimination the independent injuries, called institutional betrayals, that schools impose on students because they have suffered sexual harassment. Institutional betrayals occur when schools betray students’ trust in or dependency on them by failing to help students in the face of their sexual harassment. These injuries cause harms that can be more severe …
Taxing Choices, Tessa R. Davis
Taxing Choices, Tessa R. Davis
Faculty Publications
Tax has a choice problem. At all stages of the making of tax, choice plays a role. Lawmakers consider how tax will impact the range and appeal of choices available to an individual. Scholars critique how tax may drive an individual toward or away from a given choice. Courts craft stories of how an individual had either free or deeply constrained choice, using their perception of the facts to guide their interpretation of tax law. And yet for all the seeming relevance of choice to tax, we have no clear definition of what we mean when we talk about choice …
The Dental Health Of Rural Elderly People And Its Social Justice Implications, Health In The Hills: Understanding The Impact Of Health Care Law In Rural Communities, Jacqueline R. Fox
The Dental Health Of Rural Elderly People And Its Social Justice Implications, Health In The Hills: Understanding The Impact Of Health Care Law In Rural Communities, Jacqueline R. Fox
Faculty Publications
No abstract provided.
Rights To Nowhere: The Idea's Inadequacy In High-Poverty Schools, Claire Raj
Rights To Nowhere: The Idea's Inadequacy In High-Poverty Schools, Claire Raj
Faculty Publications
The Individuals with Disabilities Education Act (“IDEA”) successfully opened the schoolhouse doors to millions of students with disabilities. But more than forty years after its enactment, the law has proven largely inept at confronting the educational inequities faced by the many students with disabilities attending underfunded, high-poverty public schools. This shortcoming is inconsistent with common conceptions of the IDEA: Advocates and policymakers alike treat the IDEA’s rights and privately enforceable remedies as strong, meaningful tools. This Article theorizes that the IDEA’s under-appreciated failures are overlooked because they are the products of the law’s internal structure, undue judicial deference to schools, …
The Constitutional Right To An Implicit Bias Jury Instruction, Colin Miller
The Constitutional Right To An Implicit Bias Jury Instruction, Colin Miller
Faculty Publications
The Supreme Court has gone to great lengths to prevent jurors from holding defendants’ silence against them. In a trilogy of opinions, the Court concluded that when a defendant refrains from testifying, (1) the prosecutor and judge cannot make adverse comments about that decision; (2) the judge can give a “no adverse inference” instruction even over a defense objection; and (3) the judge must give a “no adverse inference” instruction upon a defense request. Conversely, the Court has never ruled that jurors can impeach their verdict based upon jurors holding a defendant’s silence against him, and lower courts have ruled …
The Miseducation Of Public Citizens, Etienne C. Toussaint
The Miseducation Of Public Citizens, Etienne C. Toussaint
Faculty Publications
The American Bar Association Model Rules of Professional Conduct calls upon lawyers, as public citizens, to embrace a special responsibility for the quality of justice in the legal profession and in society. Yet, some law professors have historically adopted a formalistic and doctrinally neutral approach to law teaching that elides critical perspectives of law, avoids the intersection of law and politics, and tends to overlook the way law can construct the very social injustices that it seeks to contain. The objective, apolitical, and so-called “colorblind” jurisprudential stance in many law classrooms inflicts intellectual violence upon law students who discover a …