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Articles 1 - 30 of 134
Full-Text Articles in Law
Tragedies Of The Cultural Commons, Etienne C. Toussaint
Tragedies Of The Cultural Commons, Etienne C. Toussaint
Faculty Publications
In the United States, Black cultural expressions of democratic life that operate within specific historical-local contexts, yet reflect a shared set of sociocultural mores, have been historically crowded out of the law and policymaking process. Instead of democratic cultural discourse occurring within an open and neutral marketplace of ideas, the discursive production and consumption of democratic culture in American politics has been rivalrous. Such rivalry too often enables dominant White supremacist cultural beliefs, values, and practices to exercise their hegemony upon law’s production and meaning. The result has been tragedy for politically disempowered and socioeconomically excluded communities.
This Article uses …
Disaggregating Legislative Intent, Jesse M. Cross
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 …
A Perfect Storm: Race, Ethnicity, Hate Speech, Libel And First Amendment Jurisprudence, Michael J. Cole
A Perfect Storm: Race, Ethnicity, Hate Speech, Libel And First Amendment Jurisprudence, Michael J. Cole
South Carolina Law Review
No abstract provided.
Unite In Privacy Diversity: A Kaleidoscopic View Of Privacy Definitions, Bert-Jaap Koops, Masa Galic
Unite In Privacy Diversity: A Kaleidoscopic View Of Privacy Definitions, Bert-Jaap Koops, Masa Galic
South Carolina Law Review
No abstract provided.
Towards A Principled Approach For Bailouts Of Covid-Distressed Critical/Systemic Firms, Horst Eidenmuller, Javier Paz Valbuena
Towards A Principled Approach For Bailouts Of Covid-Distressed Critical/Systemic Firms, Horst Eidenmuller, Javier Paz Valbuena
South Carolina Law Review
No abstract provided.
Faint-Hearted Federalism: The Role Of State Autonomy In Conservative Constitutional Jurisprudence, Earl M. Maltz
Faint-Hearted Federalism: The Role Of State Autonomy In Conservative Constitutional Jurisprudence, Earl M. Maltz
South Carolina Law Review
No abstract provided.
Nuclear Weapons, The War Powers, And The Constitution: Mutually Assured Destruction?, John M. Dipippa
Nuclear Weapons, The War Powers, And The Constitution: Mutually Assured Destruction?, John M. Dipippa
South Carolina Law Review
No abstract provided.
The Role Of Fault In Sec. 1983 Municipal Liability, Michael L. Wells
The Role Of Fault In Sec. 1983 Municipal Liability, Michael L. Wells
South Carolina Law Review
No abstract provided.
Legal Structures In A Game Of Thrones: The Laws Of The First Men And Those That Followed, David P. Weber
Legal Structures In A Game Of Thrones: The Laws Of The First Men And Those That Followed, David P. Weber
South Carolina Law Review
No abstract provided.
Did Expressions Hair Design V. Schneiderman Reconstitute The Bygone Lochner Era: How A New Case About Free Speech Is Like An Old Case About The Right To Contract, Jesse D. H. Snyder, Andrew F. Gann Jr.
Did Expressions Hair Design V. Schneiderman Reconstitute The Bygone Lochner Era: How A New Case About Free Speech Is Like An Old Case About The Right To Contract, Jesse D. H. Snyder, Andrew F. Gann Jr.
South Carolina Law Review
No abstract provided.
Revisiting The Definition Of Particular Social Group In The Refugee Convention & Increasing The Refugee Quota As A Means Of Ameliorating The International Displaced Person's Crisis, Brienna Bagaric
South Carolina Law Review
No abstract provided.
A Meaningful Opportunity For Release: Resentencing Hearings For Juvenile Offenders Sentenced To Life Without Parole Following Aiken V. Byars, Robert M. Dudek
A Meaningful Opportunity For Release: Resentencing Hearings For Juvenile Offenders Sentenced To Life Without Parole Following Aiken V. Byars, Robert M. Dudek
South Carolina Law Review
No abstract provided.
The Strange Life Of Stanley V. Illinois: A Case Study In Parent Representation And Law Reform, Josh Gupta-Kagan
The Strange Life Of Stanley V. Illinois: A Case Study In Parent Representation And Law Reform, Josh Gupta-Kagan
Faculty Publications
This Article helps describe the growth of parent representation through an analysis of Stanley v. Illinois—the foundational Supreme Court case that established parental fitness as the constitutional lynchpin of any child protection case. The Article begins with Stanley’s trial court litigation, which illustrates the importance of vigorous parental representation and an effort by the court to prevent Stanley from obtaining an attorney. It proceeds to analyze how family courts applied it (or not) in the years following the Supreme Court’s decision and what factors have led to a recent resurgence of Stanley’s fitness focus.
Despite Stanley’s requirement that states prove …
End To End Encryption, The Wrong End, Amitai Etzioni
End To End Encryption, The Wrong End, Amitai Etzioni
South Carolina Law Review
No abstract provided.
Expanding Standing To Develop Democracy: Third Party Public Interest Standing As A Tool For Emerging Democracies, Aparna Polavarapu
Expanding Standing To Develop Democracy: Third Party Public Interest Standing As A Tool For Emerging Democracies, Aparna Polavarapu
Faculty Publications
Standing doctrine can play an outsized role in marginalized groups' ability to protect their constitutional rights. The cultural and political dynamics in developing countries routinely undermine the proper functions of the democratic system and make it unlikely that those parties most directly deprived of their rights will be heard by elected legislatures or be able to directly access courts. The vindication of their rights and the rule of law itself depend on the ability of others to litigate on their behalf. Thus, this article argues for the expansion of standing doctrine to protect the democratic ideal in emerging democracies. Using …
What We Know And Need To Know About Civil Gideon, Tonya L. Brito, David J. Pate Jr., Daanika Gordon, Amanda Ward
What We Know And Need To Know About Civil Gideon, Tonya L. Brito, David J. Pate Jr., Daanika Gordon, Amanda Ward
South Carolina Law Review
No abstract provided.
A Corporation Has No Soul, And Doesn't Go To Church: Relating The Doctrine Or Piercing The Veil To Burwell V. Hobby Lobby, Carol Goforth
A Corporation Has No Soul, And Doesn't Go To Church: Relating The Doctrine Or Piercing The Veil To Burwell V. Hobby Lobby, Carol Goforth
South Carolina Law Review
No abstract provided.
Why South Carolina Should Eliminate The Personal Income Tax, Stephanie L. Yarbrough
Why South Carolina Should Eliminate The Personal Income Tax, Stephanie L. Yarbrough
South Carolina Law Review
No abstract provided.
Dystopian Constitutionalism, Thomas P. Crocker
Dystopian Constitutionalism, Thomas P. Crocker
Faculty Publications
This article describes and defends the distinctive role and rich tradition of using contrastive dystopian states in constitutional theory and practice. As constitutional tradition going back to the founding, U.S. constitutional analysis was replete with arguments about what practices would lead to an undesirable state of tyranny. In more recent constitutional history, the use of contrasting examples of the “police state,” totalitarianism, or Orwellian references have been prevalent in Supreme Court opinions across doctrinal domains, most recently making a prominent appearance at oral argument in the Fourth Amendment case, United States v. Jones. In contrast to more comprehensive constitutional theories, …
In Re Sanders And The Resurrection Of Stanley V. Illinois, Josh Gupta-Kagan
In Re Sanders And The Resurrection Of Stanley V. Illinois, Josh Gupta-Kagan
Faculty Publications
In 1972, the Supreme Court in Stanley v. Illinois declared that parents are entitled to a hearing on their fitness before the state places their children in foster care. Somewhat oddly, Stanley went on to be cited as a leading case regarding the rights of unwed fathers to object to private adoptions favored by mothers -- an issue not present in Stanley. Odder still, most states routinely violated Stanley in child welfare cases -- the context in which the Stanley rule arose. Most states apply the "one parent doctrine," which holds that finding one parent unfit justifies taking the child …
Pennies On The Dollar: Reallocating Risk And Deficiency Judgement Liability, Kristen Barnes
Pennies On The Dollar: Reallocating Risk And Deficiency Judgement Liability, Kristen Barnes
South Carolina Law Review
No abstract provided.
Rebutting The Strong Presumption Of Reliability For Effective Assistance: The Pursuit Of Cumulative Analysis For Strickland Claims In South Carolina, Benjamin Dudek
South Carolina Law Review
No abstract provided.
Preemption And United States V. South Carolina: Undermining Our Nation's Border And The Constitution's Border Between State And Federal Sovereignty, George E. Campsen Iii
Preemption And United States V. South Carolina: Undermining Our Nation's Border And The Constitution's Border Between State And Federal Sovereignty, George E. Campsen Iii
South Carolina Law Review
No abstract provided.
Weakening The Ripeness Trap For Federal Takings Claims: Sansotta V. Town Of Nags Head And Town Of Nags Head V. Toloczko, Michael B. Kent
Weakening The Ripeness Trap For Federal Takings Claims: Sansotta V. Town Of Nags Head And Town Of Nags Head V. Toloczko, Michael B. Kent
South Carolina Law Review
No abstract provided.
The Road Paved With Gravel: The Encroachment Of South Carolina's Judiciary Through Legislative Judicial Elections, Samantha R. Wilder
The Road Paved With Gravel: The Encroachment Of South Carolina's Judiciary Through Legislative Judicial Elections, Samantha R. Wilder
South Carolina Law Review
No abstract provided.
Deflating Autonomy, Charles R. Mendez
Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton
Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton
Faculty Publications
No abstract provided.
From Barbarity To Regularity: A Case Study Of Unnecesarean Malpractice Claims, Jamie Abrams
From Barbarity To Regularity: A Case Study Of Unnecesarean Malpractice Claims, Jamie Abrams
South Carolina Law Review
No abstract provided.
The Tortious Loss Of A Nonviable Fetus: A Miscarriage Leads To A Miscarriage Of Justice, Douglas E, Rushton
The Tortious Loss Of A Nonviable Fetus: A Miscarriage Leads To A Miscarriage Of Justice, Douglas E, Rushton
South Carolina Law Review
No abstract provided.
Richmond Medical Center For Women V. Herring, Taylor Towe Denslow
Richmond Medical Center For Women V. Herring, Taylor Towe Denslow
South Carolina Law Review
No abstract provided.