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Recent Cases And Commentary: Lower Federal Courts And State Courts

The Journal of Law and Education

No abstract provided.

Table Of Contents

South Carolina Law Review

No abstract provided.

The Undercover Detective Looks At Data Breach Contract Clauses: Who Should Be Responsible Under The Contract For Costs Of Cover, Jill Bronfman

South Carolina Law Review

No abstract provided.

Current Developments In Data Breach Litigation: Article Iii Standing After Clapper, David W. Opderbeck

South Carolina Law Review

No abstract provided.

The Constitutional Challenge To Teacher Tenure, Derek W. Black

Faculty Publications

In 2012, education reformers theorized a novel constitutional strategy to eliminate tenure. They argued that tenure leads to the retention of ineffective teachers, and that ineffective teaching deprives students of the constitutional right to education embedded in state constitutions. This theory immediately caught hold, with a California trial court striking down tenure in 2014 and litigation commencing in other states weeks thereafter.

The outcome of this litigation movement will determine both the future of the teaching profession and the scope of the constitutional right to education. To date, however, no high court or scholar has thoroughly analyzed the theory. This …

Target Boards And The Committee On Foreign Investment In The Us, Vivek Tata

South Carolina Journal of International Law and Business

This article uses SEC filings, public reports, cases, and press reports to examine how companies involved in transactions for control approach review by the Committee on Foreign Investment in the United States (CFIUS). Due to the caseby-case nature of CFIUS review and the evolving and politicized nature of the review process, it can be difficult to assess how to approach interactions with CFIUS. In addition to examining how companies allocate risks related to CFIUS review, this article attempts to provide a short primer on how target boards might assess and analyze the CFIUS process.

Non-Refoulement Under Threat: The Case Against China, Paul Hanley

South Carolina Journal of International Law and Business

No abstract provided.

Commonality And The Constitution: Applying Wal-Mart To State Court Cases, Joseph Seiner

Faculty Publications

In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), the Supreme Court concluded that the allegations of pay discrimination in a case brought by over a million female employees lacked sufficient commonality to warrant class certification under Federal Rule of Civil Procedure 23(a). Though the case was expressly decided under the federal rules, some well-known employer groups have begun to advance the argument that Wal-Mart was decided on constitutional grounds. These advocates maintain that the Supreme Court’s decision creates a commonality standard for all class-action plaintiffs — regardless of whether those litigants bring their claims in federal or …

Expanding Standing To Develop Democracy: Third Party Public Interest Standing As A Tool For Emerging Democracies, Aparna Polavarapu

Faculty Publications

Standing doctrine can play an outsized role in marginalized groups' ability to protect their constitutional rights. The cultural and political dynamics in developing countries routinely undermine the proper functions of the democratic system and make it unlikely that those parties most directly deprived of their rights will be heard by elected legislatures or be able to directly access courts. The vindication of their rights and the rule of law itself depend on the ability of others to litigate on their behalf. Thus, this article argues for the expansion of standing doctrine to protect the democratic ideal in emerging democracies. Using …

Land Shark At The Door? Why And How States Should Regulate Landmen, Ann M. Eisenberg

Faculty Publications

No abstract provided.

Reforming School Discipline, Derek Black

Faculty Publications

Public schools suspend millions of students each year, but only five percent of suspensions are for serious misbehavior. School leaders argue that these suspensions ensure an orderly educational environment for those students who remain. Social science demonstrates the opposite. The practice of regularly suspending students negatively affects misbehaving students as well as innocent bystanders. All things being equal, schools that manage student behavior through means other than suspension produce the highest achieving students. In this respect, the quality of education a school provides is closely connected to its discipline policies.

Drawing on the connection between discipline and educational quality, this …

Reforming Healthcare Reform, Jacqueline Fox

Faculty Publications

No abstract provided.

Introduction: What We Know And Need To Know About The State Of 'Access To Justice' Research, Elizabeth Chambliss, Renee N. Knake, Robert L. Nelson

Faculty Publications

Ongoing, systematic research on civil legal needs and services is an essential component of improving the quality and availability of such services. Collaboration among researchers, legal services providers, and regulators will only become more important as innovations in the delivery of legal services progress. This volume brings together sixteen white papers by subject matter experts who assess "what we know and need to know" about various aspects of civil legal services delivery. The product of a partnership between the South Carolina Law Review and the ABA Commission on the Future of Legal Services, the collection is intended to serve as …

Taking Teacher Quality Seriously, Derek W. Black

Faculty Publications

Although access to quality teachers is one of the most important aspects of a quality education, explicit concern with teacher quality has been conspicuously absent from past litigation over the right to education. Instead, past litigation has focused almost exclusively on funding. Though that litigation has narrowed gross fundinggaps between schools in many states, it has not changed what matters most: access to quality teachers.

This Article proposes a break from the traditional approach to litigating the constitutional right to education. Rather than constitutionalizing adequate or equal funding, courts should constitutionalize quality teaching. The recent success of the constitutional challenge …

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

Faculty Publications

No abstract provided.

Principled Policing: Warrior Cops And Guardian Officers, Seth W. Stoughton

Faculty Publications

Policing in the United States is in crisis. Public confidence in policing is at the lowest point since the Rodney King beating. A bare majority of Americans still report confidence in the police, and an unprecedented number of people report no or very little confidence in policing. A long history of poor police/community relations in minority and low-income neighborhoods has been exacerbated by egregious acts of misconduct, some of which have been captured on video and shared on social media. Activists, politicians, and police officials themselves have called for better education and equipment, from de-escalation training to body-worn camera systems. …

Professional Editorial Board

The Journal of Law and Education

No abstract provided.

A Legal Study Of Children With Emotional Disturbance And Mental Health Needs And Implication For Practice, Cynthia A, Dieterich, Nicole D. Snyder, Christine J. Villani

The Journal of Law and Education

No abstract provided.

Supreme Court Decisions - Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Elementary And Secondary Education - Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Elementary & Secondary Education - Coaches Corner

The Journal of Law and Education

No abstract provided.

Universities & Other Institutions Of Higher Learning - Coaches Corner

The Journal of Law and Education

No abstract provided.

Drawing The Line: A School Systems Duty Of Care For Off-Campus Safety, Chase Coble

The Journal of Law and Education

No abstract provided.

Sovereign Impunity: Why Double Jeopardy Should Apply In Puerto Rico, Colin Miller

Faculty Publications

On January 13th, the United States heard oral arguments in Puerto Rico v. Sanchez Valle. The question that the Court must decide is whether the federal government and the Commonwealth of Puerto Rico are separate sovereigns for purposes of the Double Jeopardy Clause. This essay argues that the Supreme Court cannot answer this question in the affirmative without overturning precedent holding that the U.S. government can unilaterally impose the Federal Death Penalty Act in Puerto Rico. In other words, the Court cannot deprive Puerto Rican citizens of the protection of the Double Jeopardy Clause unless it adopts the concept of …

Foreward, William C. Hubbard, Judy Perry Martinez

South Carolina Law Review

No abstract provided.

What We Know And Need To Know About Disruptive Innovation, Raymond H. Brescia

South Carolina Law Review

No abstract provided.

What We Know And Need To Know About Civil Gideon, Tonya L. Brito, David J. Pate Jr., Daanika Gordon, Amanda Ward

South Carolina Law Review

No abstract provided.

What We Know And Need To Know About Court-Annexed Dispute Resolution, Deborah Thompson Eisenberg

South Carolina Law Review

No abstract provided.

What We Know And Need To Know About Pro Bono Service Delivery, April Faith-Slaker

South Carolina Law Review

No abstract provided.

What We Know And Need To Know About Outreach And Intake By Legal Services Providers, D. James Greiner

South Carolina Law Review

No abstract provided.