Law Commons^™

When You Cannot Just Say No: Protecting The Online Privacy Of Employees And Students, Samuel A. Thumma

South Carolina Law Review

No abstract provided.

Removal Of Women And African-Americans In Jury Selection In South Carolina Capital Cases, 1997- 2012, Ann M. Eisenberg

Faculty Publications

The Supreme Court’s May 2016 decision in Foster v. Chatman involved smoking-gun evidence that the State of Georgia discriminated against African-Americans in jury selection during Foster’s 1987 capital trial. Foster was decided on the thirtieth anniversary of Batson v. Kentucky, the first in the line of cases to prohibit striking prospective jurors on the basis of their race or gender. But the evidence of discrimination for Batson challenges is rarely so obvious and available as it was in Foster.

Where litigants have struggled to produce evidence of discrimination in individual cases, empirical studies have been able to assess jury selection …

Assessing The Viability Of Race-Neutral Alternatives In Law School Admissions, Eboni S. Nelson

Faculty Publications

No abstract provided.

An Analysis Of The Racketeer Influenced Corrupt Organizations Act: How A Once Promising Bill Became A Corporate Nightmare, Joshua Hill

Senior Theses

Through sensationalism, the mafia stereotype, and past commissions’ recommendations Congress enacted the Racketeer Influenced Corrupt Organizations (RICO) Act. The Act itself was meant to eradicate organized crime while protecting legitimate businesses from their illegitimate counterparts. Unfortunately, the civil Act’s innate flaws have caused an overwhelming number of civil cases to flood the legal system, the majority of which have focused on private organizations and corporations, instead of Organized Crime (Pierson 2013). Civil RICO’s exploitation can be traced to its treble damages clause, – which was included in the Act to provide “an effective deterrent to further expansion of organized crime’s …

Grid Modernization And Energy Poverty, Shelley Welton

Faculty Publications

Grid modernization holds the alluring promise of rationalizing electricity pricing, saving consumers money, and improving environmental quality all at the same time. Yet, we have seen only limited and patchwork regulatory initiatives towards significant grid modernization in the United States. Outside of a few leading states, state energy regulators appear loath to embrace fullthroated versions of the project. This article argues that the underdiscussed problem of energy poverty in the United States is a critical contributing factor in the gap between grid modernization’s possibilities and our regulatory reality. Only by explicitly understanding how the issues of grid modernization and energy …

Zika And The Failure To Act Under The Police Power, Jacqueline Fox

Faculty Publications

Zika is a mosquito-borne and sexually transmitted disease that is a dangerous threat to pregnant women, causing catastrophic birth defects in a large percentage of fetuses when their mothers become infected while pregnant. It raises numerous issues related to abortion, birth control, poverty, and women’s control over their procreative choices. While the United States received ample warning from January 2016 onward that it was at risk of local transmission of this virus and public health officials at all levels generally behaved properly, the state and federal legislative responses in the summer of 2016 were entirely inadequate. For example, no state …

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

Faculty Publications

No abstract provided.

Dear John, You Are A Human Trafficker, Mary Graw Leary

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.

To Have And To Hold: Factors To Consider Before Divorcing South Carolina From The Concealed Weapons Permit Requirement, Joseph D. Spate

South Carolina Law Review

No abstract provided.

Bringing Equal Justice Under Law To South Carolina: Addressing The Civil Justice Gap And Confronting The Legal Ultimatum, Whitney Kamerzel

South Carolina Law Review

No abstract provided.

Criminal And Civil Liability For Failure To Report Suspected Child Abuse In South Carolina, Megan Clemency

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.

Hunnuh Mus' Tek Cyare Da Root Fa Heal Da Tree: Saving The South Carolina Lowcountry From Overdevelopment Through Judicial Application Of A Modern Public Trust, Derek Tarver

South Carolina Law Review

No abstract provided.

The Blurred Blue Line: Reform In An Era Of Public & Private Policing, Seth W. Stoughton

Faculty Publications

In April 2017, the Alabama Senate voted to authorize the formation of a new police department. Like other officers in the state, officers at the new agency would have to be certified by the Alabama Peace Officers Standards and Training Commission. These new officers would be “charged with all of the duties and invested with all of the powers of law enforcement officers.” Unlike most officers in Alabama, though, the officers at the new agency would not be city, county, or state employees. Instead, they would be working for the Briarwood Presbyterian Church, which Senate Bill 193 authorized to “appoint …

Stopping The Troll Tax: An Analysis Of The Patent Troll Issue And South Carolina's Bad Faith Assertion Of Patent Infringement Act, Jonathan Todd

South Carolina Law Review

No abstract provided.

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.

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.

A First Amendment Deference Approach For Reforming Anti-Bullying Laws, Emily Suski

Faculty Publications

This Article examines the anti-bullying laws and their response to the problem of bullying in light of both the nature of the problem itself, the interventions the laws call for, and the laws’ First Amendment implications. Bullying has many varied, negative consequences, some tragic, and is widespread. Yet, the anti-bullying laws disproportionately focus schools’ responses to bullying on school exclusion, meaning suspending, expelling or otherwise excluding students who bully from school. This is so even though social science literature has found school exclusion ineffective and sometimes counterproductive as a method for addressing bullying. What is more, because much of bullying …

Public Energy, Shelley Welton

Faculty Publications

Many scholars and policy makers celebrate cities as loci for addressing climate change. In addition to being significant sources of carbon pollution, cities prove to be dynamic sites of experimentation and ambition on climate policy. However, as U.S. cities set climate change goals far above those of their federal and state counterparts, they are butting up against the limits of their existing legal authority, most notably with regard to control over energy supplies. In response, many U.S. cities are exercising their legal rights to reclaim public ownership or control over private electric utilities as a method of achieving their climate …

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 …

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 …

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.

Holes In The Triple Canopy: What The Fourth Circuit Got Wrong, Joan H. Krause

South Carolina Law Review

No abstract provided.

Whether You Like It Or Not Your Likes Are Out: An Analysis Of Nonverbal Internet Conduct In The Hearsay Context, Olivia A. League

South Carolina Law Review

No abstract provided.

Exploring The Parameters Of A Child's Right To Redemption: Some Thoughts, Katherine Hunt Federle

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.

Random If Not Rare: The Eighth Amendment Weaknesses Of Post-Miller Legislation, Kimberly Thomas

South Carolina Law Review

No abstract provided.

Giving Guidance To The Guidelines, Jelani Jefferson Exum

South Carolina Law Review

No abstract provided.