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South Carolina Law Review

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South Carolina Law Review

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Law School Faculty

South Carolina Law Review

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South Carolina Law Review

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South Carolina Law Review

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Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan P. Feingold

South Carolina Law Review

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Diversity's Distractions Revisited: The Case Of Latinx In Higher Education, Rachel F. Moran

South Carolina Law Review

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Suicide Screening And Surveillance Of Students, Discrimination, And Privacy: The Garrett Lee Smith Memorial Act, Nicholas D. Lawson

The Journal of Law and Education

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The Unsung Heroes Of The Desegregation Of American Law Schools, Gail S. Stephenson

The Journal of Law and Education

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The Constitutional Right To An Implicit Bias Jury Instruction, Colin Miller

Faculty Publications

The Supreme Court has gone to great lengths to prevent jurors from holding defendants’ silence against them. In a trilogy of opinions, the Court concluded that when a defendant refrains from testifying, (1) the prosecutor and judge cannot make adverse comments about that decision; (2) the judge can give a “no adverse inference” instruction even over a defense objection; and (3) the judge must give a “no adverse inference” instruction upon a defense request. Conversely, the Court has never ruled that jurors can impeach their verdict based upon jurors holding a defendant’s silence against him, and lower courts have ruled …

The Miseducation Of Public Citizens, Etienne C. Toussaint

Faculty Publications

The American Bar Association Model Rules of Professional Conduct calls upon lawyers, as public citizens, to embrace a special responsibility for the quality of justice in the legal profession and in society. Yet, some law professors have historically adopted a formalistic and doctrinally neutral approach to law teaching that elides critical perspectives of law, avoids the intersection of law and politics, and tends to overlook the way law can construct the very social injustices that it seeks to contain. The objective, apolitical, and so-called “colorblind” jurisprudential stance in many law classrooms inflicts intellectual violence upon law students who discover a …

The Legal And Social Challenges Involved In The Expansion Of Multinational Operations: A Case Study Of Exxonmobil Indonesia, Shashaank Rajaraman

Senior Theses

Within this paper, I will analyze the legal and social relations between multinational corporations and their host countries. This analysis will be conducted through viewing the circumstances surrounding Doe v. ExxonMobil within the District of Columbia Circuit Court, in which ExxonMobil has engaged in litigation regarding their human rights record within the country of Indonesia. Through secondary research conducted both within business and legal journals, information about the practices of ExxonMobil can be examined and utilized to make general conclusions upon the corporate diplomacy practiced by multinational corporations.

School District Secession In Mobile County, Alabama: A Case Study Of Adaptive Discrimination And Threats To Multiracial Democracy, Sarah Asson, Erica Frankenberg

South Carolina Law Review

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Beware Of Educational Blackmail: How Can We Apply Lessons From Environmental Justice To Urban Charter School Growth?, Preston C. Green Ii, Chelsea E. Connery

South Carolina Law Review

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Education: Constitutional Democracy's Predicate And Product, Martha Minow

South Carolina Law Review

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An Analysis Of Who Funds And Who Benefits From The Carolina Education Lotteries, Mary Reagan Crosby

South Carolina Law Review

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Creating Lightbulb Moments: Developing Higher-Order Thinking In Family Law Classrooms Through Court Observations, Sonia M. Gipson Rankin

The Journal of Law and Education

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For Every Rat Killed, Etienne C. Toussaint

Faculty Publications

If my grandmother had survived the sickness of old age and were alive to witness the economic injustices wrought by capitalist culture, what would she think? If my grandmother were alive to observe familiar technologies for exterminating household pests—surveil-lance, capture, imprisonment, disposal—being increasingly aimed toward low-income Black communities, what would she believe? If my grandmother were alive to discover, in the palm of her hands, a digital platform for spreading information (and misinformation) to the masses and painting new futures into the minds of lawmakers and politicians, what would she say?

Studies have shown that low-income individuals are more likely …

Public Accomodations, Public Perceptions, And Workplace Law, Joseph Seiner

Faculty Publications

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Preemption & Gender & Racial (In)Equity: Why State Tort Law Is Needed In The Cosmetic Context, Marie C. Boyd

Faculty Publications

Much of the legal scholarship on the preemption of state tort law in the food and drug context and beyond has focused on issues of federalism. While the literature has considered the relationship between state tort law and the regulatory system, it has not generally explored the impact the federal preemption of state tort law may have on women and people of color. Similarly, while the literature has grappled with gender and racial justice issues in the tort system, including in the context of tort reform, it has largely not examined the gender and racial equity issues raised by federal …

Time, Equity, And Sexual Harassment, Joseph Seiner

Faculty Publications

Sexual harassment remains a pervasive problem in the workplace. Recent studies and empirical research reveal that this unlawful conduct continues to pervade all industries and sectors of the economy. The #MeToo movement has made great progress in raising awareness of this problem and in demonstrating the lengths that some employers will go to conceal a hostile work environment. The movement has further identified the lasting emotional toll workplace harassment can have on its victims.

The research in this area demonstrates that the short timeframe harassment victims have to bring a federal discrimination charge—180 or 300 days depending on the state—is …

Public Policy Norms And Choice-Of-Law Methodology Adjustments In International Arbitration, Hossein Fazilatfar

South Carolina Journal of International Law and Business

Arbitration agreements draw the legal relationship not only between the parties but also are the contractual source of authority for arbitrators to resolve parties’ dispute. To respect the principle of party autonomy, arbitrators must serve parties’ will and consider their interests in issuing the arbitral award. However, there is one caveat: respect public policy norms of the states that have an important stake in the outcome of the arbitration. Indeed, application of public policy norms in international arbitration is a challenge due to their mandatory character. The law chosen by the parties, or the otherwise applicable law chosen by the …

Table Of Contents

South Carolina Journal of International Law and Business

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The Fourth Amendment And The Problem Of Social Cost, Thomas P. Crocker

Faculty Publications

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Divorcing Guns: How Family Law Could Change Parental Gun Ownership And Save Kids' Lives, Marcia A. Yablon-Zug

Faculty Publications

Guns are deadly. They are especially deadly for children yet, currently, parental gun ownership is not a major factor in custody disputes. This needs to change. Making irresponsible gun ownership a routine factor in custody cases could transform parental gun behavior. In other contexts, the potential loss of custody has proven to be an extremely strong deterrent. Moreover, unlike other proposed solutions to gun fatalities, this is a change that can be made right now. Making guns a part of custody disputes does not require the enactment of new legislation or even a judicial determination. By simply raising the issue …

Testing The Limits: Asian Americans And The Debate Over Standardized Entrance Exams, Vinay Harpalani

South Carolina Law Review

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Copyright

South Carolina Law Review

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Nfib V. Osha: A Unified Separation Of Powers Doctrine And Chevron's No Show, Randolph J. May, Andrew K. Magloughlin

South Carolina Law Review

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Let's All Be..Georgia? Expanding Access To Justice For Incarcerated Litigants By Rewriting The Rules For Writing The Law, Ashley Krenelka Chase

South Carolina Law Review

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Normative Words And The Fundamental Limits Of Rape Law Reform, Eric R. Carpenter

South Carolina Law Review

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