Law Commons^™

Table Of Contents

The Journal of Law and Education

No abstract provided.

Issues In Reporting Requirement And Benefits Of Definition And Education Requirement Of Pending Reach Bill, Emily Wessel

The Journal of Law and Education

No abstract provided.

Recent Decisions

The Journal of Law and Education

No abstract provided.

Anti-Bullying Laws And Teacher Liability In Kentucky: Giving Teachers Greater Discretion To Prevent Unwarranted Punishment, Jessica M. Stemple

The Journal of Law and Education

No abstract provided.

Contemporary Tastes; How South Carolina's Regulation Of The Craft Beer Industry Could Better Reflect Modern Societal Attitudes And Current Industry Needs, Daniel Wilson

South Carolina Law Review

No abstract provided.

A Time To Kill Hate: A Case For A Hate Crime Law In South Carolina, Erica G. Safran

South Carolina Law Review

No abstract provided.

The Fine Print, Summer 2018, University Of South Carolina School Of Law

Law School Alumni Magazines

No abstract provided.

Benefit Corporations And The Separation Of Benefit And Control, Emily R. Winston

Faculty Publications

Scholars, activists, and other observers have expressed concern about the social effects of corporate activity in the United States since as early as the nineteenth century. A recurring theme in this debate has been whether corporations’ focus on shareholder interests causes them to neglect and harm the interests of other constituencies affected by corporate activity. A recent and prominent effort to address this concern is the social enterprise movement, which is unique because it has resulted in the creation of entirely new business entities designed specifically for for-profit businesses devoted to pursuing social missions. One of the most widely adopted …

Work Expectations And The Able-Bodied Adult: Myths And Realities In Food Stamp Reform, Elizabeth Patterson

Faculty Publications

Since at least 2012 congressional Republicans have been seeking ways to strengthen work requirements in the SNAP (Food Stamp) program as a means both for reducing the size and cost of the program and for reinforcing the moral value of work. Most of these proposals have built on an existing requirement that limits access to SNAP benefits for able-bodied adults without dependents (ABAWDs) who are not working at least half-time. Implicit in this requirement are assumptions about the inherent employability of able-bodied adults and the availability of a sufficient number of suitable jobs into which they can be hired. In …

A Human Capital Theory Of Alimony And Tax, Tessa R. Davis

Faculty Publications

The current taxation of alimony is a broken scheme. Severed from any strong theoretical mooring, it draws lines in the sand between property settlement, child support, and alimony. The lack of coherence between the substance of alimony in family law and the tax concept of alimony (“tax alimony”) could be justified on other policy grounds, however. Yet current law, which allows the payor a deduction under §215 and requires inclusion by the recipient per §71, is difficult to interpret, resulting in frequent litigation and costly noncompliance. In short, the current concept of tax alimony fails to satisfy any of the …

De Facto Segregation: Tracing A Legal Basis For Contemporary Inequality, Erica Frankenberg, Kendra Taylor

The Journal of Law and Education

No abstract provided.

Gordon College, Religious Liberty And Accreditation, Michael Schay

The Journal of Law and Education

No abstract provided.

Forecasting The Implications Of Charter School Legislation In Kentucky: The Economic Impact Of Charter School Programs And A Suggestion For The Model Charter School, Jake Eldemire-Smith

The Journal of Law and Education

No abstract provided.

Work Only We Can Do: Professional Responsibility In An Age Of Automation, Sherman J. Clark

South Carolina Law Review

No abstract provided.

Ai And The Legal Profession: Could Artificial Stupidity And Responsibility Avoidance Prove To Be The Biggest Agents Of Change, Colin P. A. Jones

South Carolina Law Review

No abstract provided.

Could Ai Agents Be Held Criminally Liable: Artificial Intelligence And The Challenges For Criminal Law, Dafni Lina

South Carolina Law Review

No abstract provided.

Cryptocurreny & Robots: How To Tax And Pay Tax On Them, Sami Ahmed

South Carolina Law Review

No abstract provided.

Recent Decisions

The Journal of Law and Education

No abstract provided.

Table Of Contents

The Journal of Law and Education

No abstract provided.

Legal Issues Around Naloxone And Public Schools, Jessica Morgan

The Journal of Law and Education

No abstract provided.

Beyond The Information Age: The Duty Of Technology Competence In The Algorithmic Society, Jamie J. Baker

South Carolina Law Review

No abstract provided.

When To Praise The Machine: The Promise And Perils Of Automated Transactional Drafting, William E. Foster, Andrew L. Lawson

South Carolina Law Review

No abstract provided.

Harvesting And Utilizing Explanatory Parentheticals, Pablo D. Arredondo

South Carolina Law Review

No abstract provided.

Revenge Against Robots, Christina Mulligan

South Carolina Law Review

No abstract provided.

A Modern Approach To Pay Disparities In The Workplace, Joseph Seiner

Faculty Publications

No abstract provided.

Social License To Regulate: Consumer-Producer Collusion And Related Policy Risks For Consumer-Facing Regulation, Nathan D. Richardson

Faculty Publications

Used a gas can recently? If not, prepare for a surprise—they’ve become harder to use due to government-mandated design changes aimed at reducing air pollution. Faced with persistent environmental and other challenges, government regulators have increasingly turned to similar regulations on consumer products. But these consumer-facing regulations create new policy and political problems for regulators, different from those associated with traditional industry-facing regulation. This paper looks in depth at three case studies of consumer-facing regulation: emissions controls on gas cans, efficiency standards for light bulbs, and European vehicle fuel economy standards. In each case, there is strong evidence for widespread …

Police Body-Worn Cameras, Seth W. Stoughton

Faculty Publications

Since the summer of 2014, community members, politicians, and police executives across the country have called for greater police accountability and improvements in police-community relations. Body-worn cameras are widely seen as serving both ends. Today, thousands of police agencies are exploring, adopting, and implementing body-cam programs. A survey by the Major Cities Chiefs Association and the Major County Sheriffs’ Association found that 95% of surveyed agencies had either implemented or were committed to implementing a BWC program.

Body-worn cameras are here, and more are coming. Mary Fan, for example, has described a “camera cultural revolution” in which “the future will …

Centralized Review Of Tax Regulations, Clinton G. Wallace

Faculty Publications

Centralized oversight of agency policymaking and spending by the President’s Office of Management and Budget is a hallmark of the modern administrative state. But tax regulations have almost never been subject to centralized review. The Trump administration recently proposed to require centralized review of tax regulations, but it is unclear what regulations would be subject to such review or how it would be conducted.

This Article examines the normative desirability of the longstanding approach of exempting tax regulations from centralized review, and the alternative of imposing such review. Scholars and policymakers have provided various incomplete justifications for excepting tax policy …

Serving Up Allergy Labeling: Mitigating Food Allergen Risks In Restaurants, Marie C. Boyd

Faculty Publications

Allergens in restaurant food cause many allergic reactions and deaths. Yet no federal, state, or local law adequately protects people from these harms. Although federal law requires the labeling of “major food allergens” in packaged food, there are no allergen labeling requirements for restaurant-type food. In addition, existing food safety requirements for restaurants are inadequate to prevent allergen cross contact.

The existing legal scholarship on food allergens in restaurants is limited. Much of the legal scholarship on labeling in restaurants focuses on menu labeling — the provision of calorie and other nutrition information to combat obesity. The requirements of Section …

The Privacy Of The Public School, Emily Suski

Faculty Publications

This Article compares the liability of the public schools with that of families for harms to children in their care. Families serve as an apt vehicle for comparative analysis because families’ and schools’ responsibilities for children overlap substantially. Despite these overlapping responsibilities, however, the law allows schools to evade liability for harms to children and penalizes families for the same or similar harms.

Drawing on feminist theory on privacy and the public/private divide, this Article argues that the limits of public school liability mean they have privacy. Feminist theorists identify privacy as freedom from regulation and intrusion into decision-making. Public …