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South Carolina Journal of International Law and Business

No abstract provided.

The Issue Class, Joseph Seiner

Faculty Publications

In 2011, in Wal-Mart Stores, Inc. v. Dukes, the Supreme Court refused to certify a proposed class of one and a half million female workers who had alleged that the nation’s largest private employer had discriminated against them on the basis of their sex. The academic response to the case has been highly critical of the Court’s decision. This Article does not weigh in on the debate of whether the Court missed the mark. Instead, this Article addresses a more fundamental question that has gone completely unexplored: what is the best tool currently available for workers to pursue systemic employment …

Stock Market Law And The Accuracy Of Public Companies’ Stock Prices, Kevin Haeberle

Faculty Publications

The social benefits of more accurate stock prices—that is, stock-market prices that more accurately reflect the future cash flows that companies are likely to produce—are well established. But it is also thought that market forces alone will lead to only a sub-optimal level of stock-price accuracy—a level that fails to obtain the maximum net social benefits, or wealth, that would result from a higher level. One of the principal aims of federal securities law has therefore been to increase the extent to which the stock prices of the most important companies in our economy (public companies) contain information about firms’ …

When Does Flexibility Matter In Environmental Law?, Josh Eagle

Faculty Publications

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility-reduced procedural requirements for administrative agency decision making and less rigid substantive standards-would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and also to …

Applying Value-Added Methods To Teachers In Untested Grades And Subjects, Michelle Croft J.D., Richard Buddin Ph.D

The Journal of Law and Education

No abstract provided.

Lower Federal Courts And State Courts Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Beyond Money: Public Urban Boarding Schools And The State's Obligation To Make An Adequate Education Attainable, Shelaswau Bushnell Crier

The Journal of Law and Education

No abstract provided.

Coaches Corner

The Journal of Law and Education

No abstract provided.

Coal Severance Tax: The Move Towards Educational Advancement In Kentucky Coal-Producing Counties Chalk Talks, Chris Groeschen

The Journal of Law and Education

No abstract provided.

The Mirage Of Immigration Reform, Marcia A. Yablon-Zug

Faculty Publications

No abstract provided.

Paved With Good Intentions: Unintended Consequences Of Federal Proposals To Integrate Child Support And Parenting Time, Lisa V. Martin, Stacy Brustin

Faculty Publications

Promoting the relationships between noncustodial parents and their children has become a federal policy priority. Recent policy proposals aim to achieve this by integrating adjudications of custody and parenting time within proceedings to establish child support. These proposals share several laudable goals, including encouraging the involvement of fathers in their children’s lives, increasing compliance with child support orders, and facilitating unmarried parents’ access to court processes for resolving custody and visitation disputes. But the simplistic solutions employed by the proposals, some of which would mandate that custody and visitation be adjudicated in all child support proceedings, pose serious risks to …

Cloning Miranda: Why Medical Miranda Supports The Pre-Assertion Of Criminal Miranda Rights, Colin Miller

Faculty Publications

Courts across the country have concluded that suspects cannot assert their Miranda rights before being subjected to custodial interrogation. This reluctance to credit pre-assertions can be traced to dicta from McNeil v. Wisconsin, in which the Supreme Court noted that “[m]ost rights must be asserted when the government seeks to take the action they protect against.” This article challenges this notion by drawing an analogy between criminal suspects and patients. In 1990, Congress passed the Patient Self-Determination Act (“PSDA”), the so-called medical Miranda, which requires health care providers who accept money from Medicaid or Medicare to inform patients of their …

University Of South Carolina School Of Law Commencement Program, May 8, 2015, University Of South Carolina School Of Law

Commencement and Hooding Programs

No abstract provided.

University Of South Carolina School Of Law Graduation Brunch Program, December 12, 2015, University Of South Carolina School Of Law

Commencement and Hooding Programs

No abstract provided.

Beyond Science And Hysteria: Reality And Perceptions Of Environmental Justice Concerns Surrounding Marcellus And Utica Shale Gas Development, Ann M. Eisenberg

Faculty Publications

The debate surrounding the use of hydraulic fracturing (also known as “fracking” or “HF”) to extract natural gas from the Marcellus and Utica shale deposits is often characterized as a tension between economic development and environmental risks. But frequently missing from this dichotomy is the fact that the concerns of many who oppose HF use extend beyond the purely “environmental,” and also include concerns about issues such as “the natural resource curse” and losing autonomy. These concerns ring of “environmental justice” rather than “environmentalism.” Environmental justice espouses the belief that no group should bear disproportionate environmental consequences resulting from industrial …

The Gap Between Rights And Reality: The Intersection Of Language, Disability, And Educational Opportunity, Claire Raj

Faculty Publications

English Language Learners (ELLs) are the fastest growing group in America’s schools. The debate over how to best serve them is largely dominated by fights over English-only versus bilingual instruction. This controversy is once again taking center stage, as states like California and Massachusetts reassess their language programs after a decade of English-only laws on the books. But once again, lost in the battle over language pedagogy is the fact that ELLs face educational challenges beyond language. Like any other student population, the ELL cohort includes students with disabilities who need special education services. In theory, two different statutes protect …

Resolving Llc Member Disputes In North Carolina, James R. Burkhard

Faculty Publications

No abstract provided.

Dystopian Constitutionalism, Thomas P. Crocker

Faculty Publications

This article describes and defends the distinctive role and rich tradition of using contrastive dystopian states in constitutional theory and practice. As constitutional tradition going back to the founding, U.S. constitutional analysis was replete with arguments about what practices would lead to an undesirable state of tyranny. In more recent constitutional history, the use of contrasting examples of the “police state,” totalitarianism, or Orwellian references have been prevalent in Supreme Court opinions across doctrinal domains, most recently making a prominent appearance at oral argument in the Fourth Amendment case, United States v. Jones. In contrast to more comprehensive constitutional theories, …

Table Of Contents

The Journal of Law and Education

No abstract provided.

Commentary Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Taking A Step Back From Civil Rights: The Supreme Court's Approval Of Affirmative Action Bans Chalk Talks, Morgan Mottley

The Journal of Law and Education

No abstract provided.

Corporate Social Responsibility In China: Law & The Business Case For Strategic Csr, Virginia Harper Ho

South Carolina Journal of International Law and Business

Research on the drivers of corporate social responsibility (CSR) has long focused on the business case; that is, how market pressure can shift the dominant norms of business culture toward acceptance of CSR practices. This article examines the empirical evidence in support of the business case for CSR among Chinese firms to determine whether market forces are likely to drive the norms of Chinese business culture toward an embedded, or strategic, vision of CSR. Drawing on prior work in institutional theory, it then explicitly examines how legal institutions both undergird and undermine the business case for CSR in China.

This …

Table Of Contents

South Carolina Journal of International Law and Business

No abstract provided.

University Of South Carolina School Of Law Faculty 2014-2015

South Carolina Journal of International Law and Business

No abstract provided.

Practical Implications From An Expansive Interpretation Of Umbrella Clauses In International Investment Law, Katherine Jonckheere

South Carolina Journal of International Law and Business

The right way to interpret so-called 'umbrella clauses' has been debated for over a decade. Interpreted restrictively, these clauses merely reinforce the substantive commitments and protections listed in the remainder of the investment treaties in which they are found. An expansive interpretation on the other hand gives these clauses the effect of elevating purely contractual obligations undertaken by the state vis-à-vis specific investors to full-blown treaty obligations under international law, subject to the investment treaty's dispute settlement provisions. Although an expansive reading seems to have gained considerable ground amongst investment arbitration tribunals over the years, this article will show that …

Smedley V. Smedley, 772 F.3d 184 (4th Cir. 2014). The Effect Of International Comity On The Hague Convention, Mary R. Pritchard

South Carolina Journal of International Law and Business

No abstract provided.

The Financial Benefits Of Corporate Social Responsibility In The Azeri Oil Industry, Thomas Moran

South Carolina Journal of International Law and Business

No abstract provided.

Reforming The Global Value Chain Through Transnational Private Regulation, Kishanthi Parella

South Carolina Journal of International Law and Business

No abstract provided.

Limits On Exporting Corporate Social Responsibility Through Domestic Regulation, Kenneth M. Rosen

South Carolina Journal of International Law and Business

No abstract provided.

Why Un Inspections? Corruption, Accountability, And The Rule Of Law, Stuart S. Yeh

South Carolina Journal of International Law and Business

No abstract provided.