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South Carolina Journal of International Law and Business

No abstract provided.

Protecting Human Rights In African Countries: International Law, Domestic Constitutional Interpretation, The Responsibility To Protect, And Presidential Immunities, John Mukum Mbaku

South Carolina Journal of International Law and Business

In the aftermath of the Cold War, Africans redoubled their efforts to fight impunity and violations of human rights. This renewed effort, however, was part of the struggle that started during the colonial period by Africans to free themselves from European domination and exploitation. Unfortunately, most post-independence African States failed to fully transform the critical domains and provide themselves with institutional arrangements capable of adequately constraining their civil servants and political elites. As a consequence, these countries came to be pervaded by high levels of government impunity, particularly the violation of human rights. During the last several decades, however, grassroots …

The Private Insurance Market: Not Very Big And Not Insuring Much, Either, Jacqueline R. Fox

Faculty Publications

Creating a single national health insurance pool is not likely to destabilize the economy by supplanting the private health insurance industry. This industry insures a relatively small percentage of the population and holds very little of the risk such insurance implies. In effect, insurance companies function as middlemen, bundling risk packages to distribute to other, larger companies and so serve a limited purpose. Were insurers to handle claims for a national pool as they do for the Medicare program, any destabilization to the economy more broadly would be further minimized.

Plea Agreements As Constitutional Contracts, Colin Miller

Faculty Publications

In his dissenting opinion in Ricketts v. Adamson, Justice Brennan proposed the idea of plea agreements as constitutional contracts and lamented the fact that the Supreme Court had yet to set up rules of construction for resolving plea deal disputes. Since Adamson, courts have given lip service to Justice Brennan’s dissent and applied his reasoning in piecemeal fashion. No court or scholar, however, has attempted to define the extent to which a plea agreement is a constitutional contract or develop rules of construction to apply in plea deal disputes. This gap is concerning given that ninety-five percent of criminal cases …

The Fine Print, Winter (December) 2018, University Of South Carolina School Of Law

Law School Alumni Magazines

No abstract provided.

Bar Bytes: Books Help Lawyers Learn Technology, Eve Ross

Faculty Publications

No abstract provided.

An Econometric Analysis Of North Carolina's Legislative Right To Counsel, Adam Ross Nelson, Christopher J. Ryan Jr.

The Journal of Law and Education

No abstract provided.

A Therapeutic Jurisprudence Analysis Of Government's Directives On Student To Student Campus Rape, Carol L. Zeiner

The Journal of Law and Education

No abstract provided.

Endrew F.: An Appropriate Perspective Of Reality, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

Recent Decisions

The Journal of Law and Education

No abstract provided.

Understanding The Crime-Fraud Exception To The Attorney-Client Privilege And Work Product Immunity, Douglas R. Richmond

South Carolina Law Review

No abstract provided.

College Esports: A Model For Ncaa Reform, Thomas A. Baker Ii, John T. Holden

South Carolina Law Review

No abstract provided.

Stories Of Experience: Economic Inequality In Mediation, Robert Rubinson

South Carolina Law Review

No abstract provided.

Avoiding The Wrecking Ball Of A Disastrous Cross Examination: Nine Principles For Effective Cross Examinations With Supporting Empirical Evidence, Harry M. Caldwell, Deanne S. Elliot

South Carolina Law Review

No abstract provided.

Are Beach Boundaries Enforceable? Real-Time Locational Uncertainty And The Right To Exclude, Josh Eagle

Faculty Publications

Over the past few decades, landowners have tried to use the First, Fourth, and Fifth Amendments to fully privatize the upper, dry-sand part of the beach. If these efforts were to succeed, there would be a host of negative consequences, and not just for surfers. In most of the states in which beaches are economically important, including California, Florida, New Jersey and Texas, privatized dry sand would mean little to no public access at times when the public, wet-sand part of the beach is submerged, that is, in the hours immediately before and after high tides. Decreased beach use would …

When Courts Should Ignore Statutory Text, Jesse M. Cross

Faculty Publications

Statutory interpreters often rely upon a fundamental assumption: namely, that every word of a statute is meant to be read — and given legal force — by the courts. This assumption unites both textualists and intentionalists, and it has been invoked by Justices as diverse as Chief Justice Marshall, Justice Stevens, and Justice Scalia — the last of whom called it a “cardinal rule of statutory interpretation.” It underpins at least nine separate canons of statutory interpretation, and it even shapes how courts interpret legislative documents beyond statutes. It is difficult to imagine a more central assumption in statutory interpretation. …

The New Gospel Of Wealth: On Social Impact Bonds And The Privatization Of Public Good, Etienne C. Toussaint

Faculty Publications

Since Andrew Carnegie penned his famous Gospel of Wealth in 1889, corporate philanthropists have championed considerable public good around the world, investing in a wide range of social programs addressing a diversity of public issues, from poverty to healthcare to criminal justice. Nevertheless, the problem of “the Rich and the Poor,” as termed by Andrew Carnegie in his famous essay, remains unsolved. Socially conscious investors have recently called for America to reimagine a new “gospel of wealth”, one that not only grapples with the what of social injustice, but also explores the how and the why of systemic social and …

Table Of Contents

The Journal of Law and Education

No abstract provided.

Waterstone's Endrew F.: Symbolism And Reality From The School's Perspective, Miriam Kurtzig Freedman

The Journal of Law and Education

No abstract provided.

Preferencing Educational Choice: The Constitutional Limits, Derek Black

Faculty Publications

Rapidly expanding charter and voucher programs threaten a new education paradigm in which access to traditional public schools is no longer guaranteed in some communities. In some instances, choice programs are phasing out traditional public schools altogether. The most harmful effects of choice, however, occur at the local level, not the state level. Thus, this Article does not challenge the general constitutionality of choice programs. Instead, the Article identifies limitations that state constitutional rights to adequate and equal education place on choice policy.

First, states cannot preference private choice programs over public education. This conclusion flows from the fact that …

Crashworthiness: The Collision Of Sellers' Responsibility For Product Safety With Comparative Fault, F. Patrick Hubbard, Evan Sobocinski

Faculty Publications

Crashworthiness cases often involve the following issue: Should any wrongdoing by the plaintiff in causing the initial collision reduce or bar the plaintiff’s recovery for defective crashworthiness? Jurisdictions disagree on the answer to this issue. This disagreement results in large part from differing positions on two questions. First, should products liability law use duty rules to impose liability in a way that ensures efficient accident cost reduction or should it seek fairness through relatively unstructured jury allocations of liability based on fault? Second, in addressing the first issue, should for-profit corporations be viewed as: (1) “tools” to achieve human goals …

Table Of Contents

South Carolina Law Review

No abstract provided.

Crashworthiness: The Collision Of Sellers' Responsibility For Product Safety With Comparative Fault, F. Patrick Hubbard, Evan Sobocinski

South Carolina Law Review

No abstract provided.

Disturbing Schools Law In South Carolina, Kristen Coble

South Carolina Law Review

No abstract provided.

Dollars And Sense: Why Allocating Additional Funding To The Department Of Corrections Is A Smart Investment For South Carolina, Eric E. Waldron

South Carolina Law Review

No abstract provided.

Strippers, Uber Drivers, And Worker Status In South Carolina, Axton D. Crolley

South Carolina Law Review

No abstract provided.

The Use Of Preemption To Limit Social Progress In South Carolina: The Road To The Bathroom Bill,, William Peter Maruides

South Carolina Law Review

No abstract provided.

First, Do No Harm, Curtis J. Copeland

South Carolina Law Review

No abstract provided.

Death By Dicta: The Life Of The Sophisticated User Doctrine In South Carolina Products Liability Law, Christopher Henry

South Carolina Law Review

No abstract provided.

Change From Within: Using Task Forces And Best Practices To Achieve Gender Equity For University Faculty, Constance Z. Wagner

The Journal of Law and Education

No abstract provided.