Law Commons^™

Never Again: Correcting The Administrative Abandonment Of Vietnam Veterans With Other Than Honorable Discharges Induced By Post-Traumatic Stress Disorder, Claire Voegele

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.

A Tactical Fourth Amendment, Brandon L. Garrett, Seth W. Stoughton

Faculty Publications

What rules regulate when police can kill? As ongoing public controversy over high-profile police killings drives home, the civil, criminal, and administrative rules governing police use of force all remain deeply contested. Members of the public may assume that police rules and procedures provide detailed direction for when officers can use deadly force. However, many agencies train officers to respond to threats according to a force “continuum” that does not provide hardedged rules for when or how police can use force or deadly force. Nor, as recent cases have illustrated, does a criminal prosecution under state law readily lend itself …

The Elephant In The Room Or The Elephant In The Mousehole? The Legal Risks (And Promise) Of Climate Policy Under §115 Of The Clean Air Act, Nathan Richardson

Faculty Publications

Climate policy in the United States is near an inflection point. With Congress uninterested in new legislation, focus at the federal level for most of the last decade has been on the Clean Air Act, but whether regulation under that old statute can successfully address carbon emissions remains unclear. Under President Obama, the EPA has focused on two core programs-vehicle emissions standards and the Clean Power Plan, aimed at fossil fuel power plants. But with the latter of these programs under legal challenge, and both falling short of the flexible, economy-wide policy many believe is necessay, academic and policy attention …

Table Of Contents

The Journal of Law and Education

No abstract provided.

The Business Of Title Ix - Using The Law To Improve Gender Equity In Undergraduate Colleges Of Business, Laura Marini Davis, Victoria Geyfman

The Journal of Law and Education

No abstract provided.

Standardized Ieps: One Size Fits None Counterpoint, David B. Rubin

The Journal of Law and Education

No abstract provided.

Individualization Is Special Education: A Response To Czapanskiy Counterpoint, Mitchell L. Yell

The Journal of Law and Education

No abstract provided.

How A North Carolina Bill Could Destroy The First Amendment Rights Of Teachers Chalk Talks, Jesse Humphries

The Journal of Law and Education

No abstract provided.

The Harmful Effects Of Federal Regulation On Higher Education Chalk Talks, Josh Steams

The Journal of Law and Education

No abstract provided.

When Adequate Is Not Adequate Chalk Talks, Nic Evans

The Journal of Law and Education

No abstract provided.

Coram Nobis And State V. Stinney: Why South Carolina Should Revitalized America's Legal Hail Mary, Kathleen M. Bure

South Carolina Law Review

No abstract provided.

Something's Fishy: Combatting Seafood Fraud And Mislabeling In South Carolina, Abigail A. Carson

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.

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 Meaningful Opportunity For Release: Resentencing Hearings For Juvenile Offenders Sentenced To Life Without Parole Following Aiken V. Byars, Robert M. Dudek

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.

When Political Domination Becomes Racial Discrimination: Naacp V. Mccrory And The Inextricable Problem Of Race In Politics, Atiba R. Ellis

South Carolina Law Review

No abstract provided.

Talking Telemedicine And Terminology: The South Carolina Telemedicine Act, Creasie M. Parrott

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.

Pay-For-Delay: How Brand-Name And Generic Pharmaceutical Drug Companies Collude And Cost Consumer Billions, Raymond J. Prince

South Carolina Law Review

No abstract provided.

Free Speech And Terrorist Speech: An Essay On Dangerous Ideas, Thomas P. Crocker

Faculty Publications

Response to Alexander Tsesis, Terrorist Speech on Social Media, 70 Vand. L. Rev. 651 (2017).

The International Criminal Court: A Figurehead Of Justice, Megan Stoddard

Senior Theses

International law has existed since nation states began to recognize one another. However, the defined study of international criminal law and the resulting International Criminal Court is a fairly recent institution in our history, so there are still many questions about its operation. The question explored here is the power of the court. When put in the international political stage, the International Criminal Court can seem very powerful, but this is a question of the international influence the court can have over the world, and potential international criminals. To explore these ideas, the history of the court and international criminal …

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 Tax-Immigration Nexus, Tessa R. Davis

Faculty Publications

Tax and immigration law have a shared interest in defining community. In order to implement a tax, we must know who belongs to the taxable community. At the same time, immigration law must define and administer the requirements for membership in the national community. Despite the differing objectives of tax and immigration law—raising revenue and deciding who may enter, remain, and become a citizen in the United States, respectively—both of these regimes uses a concept of citizenship to define their respective communities. Starting from this common thread of the relevance of citizenship to both immigration and tax law, this Article …

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 …

Do Sagebrush Rebels Have A Colorable Claim? The Space Between Parochialism And Exclusion In Federal Lands Management, Ann M. Eisenberg

Faculty Publications

This Article asks whether the troubling nature of the Sagebrush Rebellion and similar movements (e.g., their violence, antienvironmentalism, and racist overtones) has made us overly dismissive of a kernel of truth in their complaints. Commentators often acknowledge that federal lands management may be “unfair” to local communities, but the ethical and legal characteristics of the unfairness concern remain under-explored. Although the Sagebrush Rebellion and federal lands communities are far from synonymous, substantial overlap between the complaints and demands of Sagebrush Rebels and the complaints and demands of many regional local (and state) governments suggests that to explore the one necessitates …