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

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

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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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 …

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.

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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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 …

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 …

Rural Estrangement And The Regulatory State, Ann M. Eisenberg

Faculty Publications

In today’s polarized social and political climate, rural alienation from government is often dismissed as “just more politics” or a symptom of problematic cultural norms. This Article takes rural disaffection from government seriously, with a focus on rural relationships with the federal regulatory state. The Article argues that rural disaffection from the regulatory state is not solely a cultural or political phenomenon among white conservatives. Rural disaffection is also a broader structural issue that stems in part from the regulatory state’s crisis of legitimacy.

Two factors show that rural disaffection from the regulatory state is more diffuse and profound than …

Freedom, Democracy, And The Right To Education, Derek W. Black

Faculty Publications

While litigation continues in an effort to establish a fundamental right to education under the U.S. Constitution, the full historical justification for this right remains missing—a fatal flaw for many jurists. This Article fills that gap, demonstrating that the central, yet entirely overlooked, justification for a federal right to education resides in America’s education story during the era of slavery and Reconstruction.

At that time, education was first and foremost about freedom. The South had criminalized education to maintain a racialized hierarchy that preserved slavery. Many African Americans, seeing education as the means to both mental and physical freedom, made …

Adjudicating Identity, Laura Lane-Steele

Faculty Publications

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Title Page

South Carolina Journal of International Law and Business

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Faculty

South Carolina Journal of International Law and Business

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Developing Police, Madalyn K. Wasilczuk

Faculty Publications

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Disaggregating Legislative Intent, Jesse M. Cross

Faculty Publications

In statutory interpretation, theorists have long argued that the U.S. Congress is a “they,” not an “it.” Under this view, Congress is plural and nonhierarchical, and so it is incapable of forming a single, institutional intent. Textualists contend that this vision of Congress means interpreters must move away from concerns about intent altogether, and that they instead should speak in the register of textualism and its associated constitutional values, such as notice and congressional incentivization.

However, even if legislators’ intentions never coalesce into an institutional intent, a disaggregated-intent theory of legislation remains possible. Under this theory, statutes are understood as …

Unequal Investment: A Regulatory Case Study, Emily R. Winston

Faculty Publications

Growing economic inequality in the United States has reduced social mobility, placing financial security farther out of reach for a growing number of Americans. During the COVID-19 pandemic, U.S. stock prices have grown simultaneously with unemployment and food insecurity, highlighting the fact that prosperity is unequally distributed in the U.S. economy.

Many Americans do not benefit when the stock market soars because they do not have the means to invest. However, even ordinary American families who do have wealth to invest in the capital markets will face enormous obstacles in narrowing the wealth divide through investment. This is because ordinary …

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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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 …

E-Commerce In Asean: An Emerging Economic Superpower And The Case For Harmonizing Consumer Protection Laws, Juthamas Thirawat

South Carolina Journal of International Law and Business

No abstract provided.