Law Commons^™

Solving The "King Lear Problem", Benjamin Means

Faculty Publications

In Shakespeare’s play, King Lear, an aging ruler relinquished control to two of his three daughters. The succession failed miserably, destroying his family and destabilizing his kingdom. King Lear shows why few family businesses survive beyond three generations. Understanding Lear’s failure is crucial to avoiding Lear’s fate, whether the family business in question is a monarchy, a media empire, or a hardware store. The conventional wisdom is that Lear gave away his kingdom too soon and left himself vulnerable to predatory heirs. This has been referred to as the “King Lear Problem.”

The conventional wisdom is wrong. Lear’s succession plan …

Rectifying Wrongful Convictions Through The Dormant Grand Jury Clause, Colin Miller

Faculty Publications

In 1995, Lamar Johnson was convicted of a murder in St. Louis. Twenty-two years later, St. Louis Circuit Attorney Kimberly Gardner created a Conviction Integrity Unit (CIU) to review possible wrongful convictions. After reviewing Johnson’s case, the CIU concluded that Johnson was innocent. Then, consistent with her special responsibility as a prosecutor to seek to remedy wrongful convictions, Gardner filed a motion for a new trial. The court, however, denied the motion, holding that there was no enabling legislation in Missouri authorizing CIUs to seek relief for wrongful convictions. Gardner is not alone in her inability to rectify wrongful convictions. …

Creditors’ Rights In Property Subject To A Beneficiary’S Right Of Withdrawal, S. Alan Medlin, F. Ladson Boyle

Faculty Publications

Estate plans often give trust beneficiaries powers of withdrawal for both tax and nontax reasons. For tax reasons, these powers of withdrawal are typically limited, such as a “five or five power” or a so-called Crummey power commonly pegged to the annual gift tax exclusion amount. A central issue with limited powers of with-drawal is the right of a beneficiary’s creditor to reach trust property subject to the beneficiary’s power to withdraw. Recent uniform statutes, such as the Uniform Trust Code and the Uniform Power of Appointment Act, as well as the Restatement (Third) of Trusts, provide guidance. This Article …

Table Of Contents

South Carolina Law Review

No abstract provided.

Law School Faculty

South Carolina Law Review

No abstract provided.

Masthead

South Carolina Law Review

No abstract provided.

Copyright

South Carolina Law Review

No abstract provided.

Observing The Effects Of Automating The Judicial System With Behavioral Equivalenc, Joseph A. Blass

South Carolina Law Review

No abstract provided.

Promoting Diversity As Professionalism, Davis G. Yee

South Carolina Law Review

No abstract provided.

And Then There Were Two: Splitting South Carolina's Department Of Health And Environmental Control, Arslan S. Valimohamed

South Carolina Law Review

No abstract provided.

Preventing The Professional's Impossible Choice: Paving The Path For Recognizing Ethical Codes As Public Policy In The Context Of Wrongful Discharge In South Carolina, Matthew B. Abney

South Carolina Law Review

No abstract provided.

Employee Nondisclosure Agreements In South Carolina: Easily Made, Easily Broken, Samuel C. Williams

South Carolina Law Review

No abstract provided.

Developing Nuclear Energy With Advanced Cost Recovery: Learning From The V.C. Summer Project Abandonment, Mary Geer Kirkland

South Carolina Law Review

No abstract provided.

Should I Stay Or Should I Go? South Carolina's Nonlawyer Judges, Christel Purvis

South Carolina Law Review

No abstract provided.

Climate Change Compliance, Susan S. Kuo, Benjamin Means

Faculty Publications

Unless corporations prioritize climate change mitigation, efforts to control global warming will fail. Yet, the strategies that have been proposed for enlisting corporations are insufficient to the task. In our era of political polarization, a comprehensive “Green New Deal” to transition the U.S. economy away from fossil fuels is a nonstarter. Nor can we expect corporate risk management or social responsibility to fill the gap; there are practical limits to how far corporate managers can depart from strategies designed to maximize profits for investors.

This Article contends that climate change is a compliance issue. Scholars have overlooked compliance as a …

The Sultans Of Stream: How Big Streaming Services Have Used Their Oligopsony Power In The Music Industry To Leave Millions Of Musicians In Dire Straits, Benjamin Stevens

South Carolina Law Review

No abstract provided.

Don't Ban The Bars: Why The South Carolina General Assembly Should Decline To Adopt A Revenue Requirement For Liquor Licenses, C. William Bootle Ii

South Carolina Law Review

No abstract provided.

Cover

South Carolina Law Review

No abstract provided.

Racial Disparities In South Carolina's Juvenile Justice System: Why They Exist And How They Can Be Reduced, Grace E. Driggers

South Carolina Law Review

No abstract provided.

The Lived Experience Of Health Insurance: An Analysis And Proposal For Reform, Jacqueline R. Fox

Faculty Publications

People are carrying tens of billions of dollars of medical debt, much of it in collections. We delay going to the Emergency Department while having a heart attack because it may cost too much. Doctors try to help insured patients find the best coupon to offset the high copayment for a necessary prescription drug. For inexpensive drugs, insurers make a profit by clawing back copayments that exceed what the drug costs. People who are already arbitrarily disadvantaged because of race, gender, health status, LGBTQ status, obesity, etc. are disproportionately burdened by all of this.

No one would design a system …

Institutional Betrayals As Sex Discrimination, Emily Suski

Faculty Publications

Title IX jurisprudence has a theoretical and doctrinal inadequacy. Title IX’s purpose is to protect public school students from sex discrimination in all its forms. Yet, courts have only recognized three relatively narrow forms of sex discrimination under it. Title IX jurisprudence, therefore, cannot effectively recognize as sex discrimination the independent injuries, called institutional betrayals, that schools impose on students because they have suffered sexual harassment. Institutional betrayals occur when schools betray students’ trust in or dependency on them by failing to help students in the face of their sexual harassment. These injuries cause harms that can be more severe …

Mobile Sports Gambling In South Carolina, Drew Pechulonis

Senior Theses

After the U.S. Supreme Court deemed the Professional and Amateur Sports Protection Act (PASPA), sports betting has expanded across the country at a rapid pace. As the sports gambling industry continues to grow, states that have not passed legislation are left wondering whether legalization would benefit their constituents.

The purpose of this study is to determine the feasibility and consequences of legalizing mobile sports gambling in the state of South Carolina. This study can inform state leaders on how to implement mobile sports gambling in the state as well as the positive and negative repercussions that would follow legislation. As …

Table Of Contents

The Journal of Law and Education

No abstract provided.

Forensic Science In Legal Education, Brandon L. Garrett, Glinda S. Cooper, Quinn Beckham

The Journal of Law and Education

No abstract provided.

Reviving Rationality And The Federal Role In Education, Chris Yarrell

The Journal of Law and Education

No abstract provided.

Surviving Recission: Refining The 2020 Final Title Ix Regulations' Cross-Examination Requirement To Balance The Interests Of Complainants And Respondents, Samantha J. Doward

The Journal of Law and Education

No abstract provided.

Compulsory Classrooms And Custody: Applying State Truancy Laws To Find That School Is Inherently Custodial For The Purposes Of Miranda Warnings, Mary S. Williams

The Journal of Law and Education

No abstract provided.

Rights To Nowhere: The Idea's Inadequacy In High-Poverty Schools, Claire Raj

Faculty Publications

The Individuals with Disabilities Education Act (“IDEA”) successfully opened the schoolhouse doors to millions of students with disabilities. But more than forty years after its enactment, the law has proven largely inept at confronting the educational inequities faced by the many students with disabilities attending underfunded, high-poverty public schools. This shortcoming is inconsistent with common conceptions of the IDEA: Advocates and policymakers alike treat the IDEA’s rights and privately enforceable remedies as strong, meaningful tools. This Article theorizes that the IDEA’s under-appreciated failures are overlooked because they are the products of the law’s internal structure, undue judicial deference to schools, …

Taxing Choices, Tessa R. Davis

Faculty Publications

Tax has a choice problem. At all stages of the making of tax, choice plays a role. Lawmakers consider how tax will impact the range and appeal of choices available to an individual. Scholars critique how tax may drive an individual toward or away from a given choice. Courts craft stories of how an individual had either free or deeply constrained choice, using their perception of the facts to guide their interpretation of tax law. And yet for all the seeming relevance of choice to tax, we have no clear definition of what we mean when we talk about choice …

The Dental Health Of Rural Elderly People And Its Social Justice Implications, Health In The Hills: Understanding The Impact Of Health Care Law In Rural Communities, Jacqueline R. Fox

Faculty Publications

No abstract provided.