Law Commons^™

State Of Fear: Domestic Violence In South Carolina, Matthew Robins

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.

Shirley We Can Figure This Out: The Continued Confusion Surrounding Prescriptive Easement, Ethan B. Clark

South Carolina Law Review

No abstract provided.

To Be Or Not To Airbnb: Regulation Of Short-Term Rentals In South Carolina, Grant Wills

South Carolina Law Review

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.

Land Of The Free, Home Of The Slave: Human Trafficking Legislation In South Carolina, Caroline A. Ross

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 …

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 …

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.

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 …

Table Of Contents

South Carolina Law Review

No abstract provided.

The Secrets Of Corporate Courtship And Marriage: Evaluating Common Interest Privilege When Companies Combine In Mergers, Jared S. Sunshine

South Carolina Law Review

No abstract provided.

Contract, Power, And The Value Of Donative Promises, Sabine Tsuruda

South Carolina Law Review

No abstract provided.

Tax And Social Context: Legal Fictions And Tax, Tessa R. Davis

Faculty Publications

No abstract provided.

Discrimination In The Copyright Clause, Ned Snow

Faculty Publications

ABSTRACT Does Congress have power to deny copyright protection for specific content? The Copyright Clause grants Congress power to “promote the Progress of Science” by legislating copyright laws. Certainly some content may reasonably be viewed as failing to promote the progress of science. Violent video games or pornography, for instance, may reasonably be viewed as not promoting progress in science, even though they receive protection as free speech under the First Amendment. So even if the Free Speech Clause bars Congress from banning content, does the Copyright Clause provide Congress a permissible means to discourage production of that content? This …

Traditional Problems: Gay Marriage And The Backlash Against Indian Sovereignty, Marcia A. Yablon-Zug

Faculty Publications

No abstract provided.

The Battle Over Stockholders Voice: A Critique Of Agar V. Judy And The Standard Of Review Problem In Manipulation Of Stockholders’ First Amendment Rights, Yair Y. Even-Tal

South Carolina Journal of International Law and Business

No abstract provided.

Autonomous Weapons And International Law, Christopher M. Ford

South Carolina Law Review

No abstract provided.

The Professional Responsibility Of Fair Play When Dealing With A Pro Se Adversary, Davis G. Yee

South Carolina Law Review

No abstract provided.

Ambition Trap Or Accelerator: Cooperative Approaches Under The Paris Agreement, Dr. Charlotte Streck

South Carolina Journal of International Law and Business

No abstract provided.

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 …

How Government Can Promote Automated Driving, Bryant Walker Smith

Faculty Publications

This Article presents steps that governments can take now to encourage the development, deployment, and use of automated road vehicles. After providing technical and legal context, it describes key administrative, legal, and community strategies to promote automated driving. It concludes by urging policymakers to facilitate automated driving in part by expecting more from today’s drivers and vehicles.

Go Tiny Or Go Home: How Living Tiny May Inadvertently Reduce Privacy Rights In The Home, Marc C. Mcallister

South Carolina Law Review

No abstract provided.

The Trade System And Climate Action: Ways Forward Under The Paris Agreement, Susanne Droege, Harro Van Asselt, Kasturi Das, Michael Mehling

South Carolina Journal of International Law and Business

No abstract provided.

The Shadowy World Of Hazardous Waste Disposal: Why The Basel Convention's Structure Undermines Its Substance, Elizabeth S. Pope

South Carolina Journal of International Law and Business

No abstract provided.

Legal Framework And Economic Critique: Trump’S Trade Authority And Policy, Noah Glazier

South Carolina Journal of International Law and Business

No abstract provided.