Law Commons^™

A Tale Of Two Crises: Assessing The Impact Of Exclusionary School Policies On Students During A State Of Emergency Student Note, Megan Helton

The Journal of Law and Education

No abstract provided.

Discipline Or Crime: An Analysis Of The Use Of Memoranda Of Understanding To Regulate School Resource Officer Intervention In South Carolina Schools Student Note, Jill Lesley

The Journal of Law and Education

No abstract provided.

Table Of Contents

South Carolina Law Review

No abstract provided.

The South Bronx Has Something To Say: Symposium Keynote, Dorothy A. Brown

South Carolina Law Review

No abstract provided.

Tax Administration And Racial Justice: The Illegal Denial Of Tax-Based Pandemic Relief To The Nation's Incarcerated Population, Leslie Book

South Carolina Law Review

No abstract provided.

Tax Code Bias And Its Starring Role In Perpetuating Inequalities, Phyllis C. Taite

South Carolina Law Review

No abstract provided.

Inmates May Work, But Don't Tell Social Security, Stephanie Hunter Mcmahon

South Carolina Law Review

No abstract provided.

The Battle Of Brandy Creek: How One Black Community Fought Annexation, Tax Revaluation, And Displacement, Mark Dorosin

South Carolina Law Review

No abstract provided.

Taxation And Racial Injustice In South Carolina, Jordan M. Wayburn

South Carolina Law Review

No abstract provided.

Teaching International Law Students: A Collaboration Between A Law Professor And An Esl Specialist, Clare Keefe Coleman, William Albertson

The Journal of Law and Education

No abstract provided.

The Corridor Of Shame: An Immersed Analysis Of South Carolina Schools, Darren R. Burton

Senior Theses

This research project discusses school funding instruments of rural and urban schools in South Carolina and uncovers its effect on student academic achievement. Educational achievement is assessed based on report card datasets between 2018 and 2019, containing South Carolina Assessment of State Standards (SCPASS) score data and South Carolina College and Career Ready Assessment (SCREADY) score data. This research project uses a comparative analysis to evaluate each group’s performance in the subjects of English Language Arts and science. The statistical analysis tools that this research project uses include analysis of variance (ANOVA), linear regression analysis, and Microsoft Power BI. The …

Board Of Editors And Law School Faculty

South Carolina Law Review

No abstract provided.

Tax Benefits, Higher Education, And Race: A Gift Tax Proposal For Direct Tuition Payments, Bridget J. Crawford, Wendy C. Gerzog

South Carolina Law Review

No abstract provided.

Title Page

South Carolina Law Review

No abstract provided.

Legal Research & Writing: An Undergraduate Pre-Law Course Design, Rachel Kathleen Strieber

Senior Theses

The purpose of this project-based thesis is to develop an undergraduate pre-law course that teaches legal research and writing (LRW) and to design its respective description, topics, reading materials, sample syllabus document, and a sample lesson plan. The research portion of this thesis will study the pedagogy of LRW and the connection between LRW skills and the students’ success in law school and careers in law. Preparing students to excel in LRW skills prior to law school through the proposed undergraduate pre-law LRW course will yield a stronger performance in a first-year law LRW course to follow and amplify students’ …

The Lost Promise Of Disability Rights, Claire Raj

Faculty Publications

Children with disabilities are among the most vulnerable students in public schools. They are the most likely to be bullied, harassed, restrained, or segregated. For these and other reasons, they also have the poorest academic outcomes. Overcoming these challenges requires full use of the laws enacted to protect these students’ affirmative right to equal access and an environment free from discrimination. Yet, courts routinely deny their access to two such laws—the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act of 1973 (section 504).

Courts too often overlook the affirmative obligations contained in these two disability rights …

A Corporate Law Rationale For Reparations, Susan S. Kuo, Benjamin Means

Faculty Publications

Should the United States pay reparations to African Americans? A majority of Americans object that they are not personally responsible for slavery or Jim Crow. The objection is rooted in the principle of ethical individualism, which holds that people can be blamed only for their own actions.

This Article contends that the ethical individualism objection to reparations is misplaced because it assumes that what matters is the culpability of each citizen. We argue that, like a corporation, the United States is a legal person. Consequently, seeking reparations from the United States does not turn on the guilt of its citizens …

Rethinking Grid Governance For The Climate Change Era, Shelley Welton

Faculty Publications

The electricity sector is often appropriately called the linchpin of efforts to respond to climate change. Over the next few decades, the U.S. electricity sector will need to double in size to accommodate electric vehicles, at the same time that it transforms to run entirely on clean energy. To drive this transformation, states are increasingly adopting 100% clean energy targets. But fossil fuel corporations are pushing back, seeking to maintain their structural domination of the U.S. energy sector. This article calls attention to one central but under-scrutinized way that these companies impede the clean energy transition: Incumbent fossil fuel companies …

Subverting Title Ix, Emily Suski

Faculty Publications

Thousands of sexual assaults happen to children in K–12 public schools each year, but the federal courts regularly allow the schools to do almost nothing in response. Title IX exists to ensure that public schools protect students from sexual assaults, harassment, and other forms of sex discrimination. Yet, the federal courts’ interpretations of Title IX drain its power. The Supreme Court has said that public schools will be liable under Title IX if they act with deliberate indifference to known sexual harassment. The Court’s explanation of “deliberate indifference” proscribes schools’ responses to sexual harassment that indirectly cause or make students …

The Operation Of Supervisory Colleges In Eu Banking Supervision: A Case Study Of Soft Law Becoming Hard Law, Duncan E. Alford

Faculty Publications

In this paper, I consider the case of supervisory cooperation among bank regulators where voluntary cooperation (soft law) over a period of 50 years has become hard law (regulations and directives) within the European Union. Driven by major international bank failures or financial crises, international standards for prudential supervisory cooperation among bank regulators have steadily developed and become more precise and defined since the early 1970s.

Moral Bars To Intellectual Property: Theory & Apologetics, Ned Snow

Faculty Publications

Various intellectual creations are raising complex moral issues in intellectual property law. Videos of mass shootings made by perpetrators, statues of the Confederacy displayed openly, torture techniques used on criminal detainees, and devices for consuming illegal drugs are only a few examples. These expressive and inventive works pose the question of whether their apparent immoral nature should preclude intellectual property protection. Although courts and scholars have long debated moral values in intellectual property doctrines, the literature is largely silent on the effect of intellectual property theory. The question thus arises: Do the utilitarian, labor-desert, and autonomy theories of intellectual property …

Barring Immoral Speech In Patent And Copyright, Ned Snow

Faculty Publications

In the past three years, the Supreme Court has twice ruled that Congress’s moral bars to trademark protection violate the First Amendment. Those rulings raise a simple question in other areas of intellectual property. Does the First Amendment preclude Congress from denying patent or copyright protection based on a moral reason? Congress, for instance, might deny patent protection for inventions directed toward the consumption of marijuana. Inventors would accordingly choose not to disclose knowledge about those inventions to the public, and the denial would chill their speech. Similarly, Congress would chill speech if it denied copyright protection for moral reasons. …

Black Urban Ecologies And Structural Extermination, Etienne C. Toussaint

Faculty Publications

Residents of low-income, metropolitan communities across the United States frequently live in “food apartheid” neighborhoods—areas with limited access to nutrient-rich and fresh food. Local government law scholars, poverty law scholars, and political theorists have long argued that structural racism embedded in America’s political economy influences the uneven development of such Black urban ecologies. Accordingly, food justice scholars have called for local governments to develop urban agricultural markets that combat racism in global corporatized food systems by localizing food development. These demands have only amplified during the COVID-19 pandemic, which has ravaged Black communities where residents suffer from preexisting health conditions …

Making Federalism Work: Lessons From Health Care To The Green New Deal, Jesse M. Cross, Shelley Welton

Faculty Publications

For decades, federalism had a bad reputation. It often was perceived as little more than a cover for state resistance to civil rights and other social justice reforms. More recently, however, progressive scholars have argued that federalism can meaningfully advance nationalist ends. According to these scholars, federalism allows for spaces in which norms can be contested, developed, and extended. This new strain of scholarship also recognizes, however, that these federalist structures can still shield national-level reforms from reaching all Americans. Many see such gaps as a regrettable but unavoidable feature of our federalist system.

But to embrace federalism as an …

How The Fourth Amendment Frustrates The Regulation Of Police Violence, Seth W. Stoughton

Faculty Publications

Within policing, few legal principles are more widely known or highly esteemed than the “objective reasonableness” standard that regulates police uses of force. The Fourth Amendment, it is argued, is not only the facet of constitutional law that governs police violence, it sets out the only standard that state lawmakers, police commanders, and officers should recognize. Any other regulation of police violence is inappropriate and unnecessary. Ironically, though, the Constitution does not actually regulate the use of force. It regulates seizures. Some uses of force are seizures. This Article explains that a surprising number of others—including some police shootings—are not. …

The Refusal Of Supreme Court Nominees To Discuss Legal, Political, And Social Issues At Senate Confirmation Hearings: Ethical Obligation Or Survival Strategy?, Raymond J. Mckoski

South Carolina Law Review

No abstract provided.

Conceptualizing Workplace Bullying As Abuse Of Office, Gail Schneebaum

South Carolina Law Review

No abstract provided.

Transitional Justice As Communication: Why Truth Commissions And International Criminal Tribunals Need To Persuade And Inform Citizens And Leaders, And How They Can, Jamie O'Connell

South Carolina Law Review

No abstract provided.

Shadowboxing With Free Speech Principles, Noah C. Chauvin

South Carolina Law Review

No abstract provided.

Front Cover

South Carolina Law Review

No abstract provided.