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Articles 1 - 30 of 59
Full-Text Articles in Law
Blackness As Fighting Words, Etienne C. Toussaint
Blackness As Fighting Words, Etienne C. Toussaint
Faculty Publications
The resurgence of worldwide protests by activists of the Movement for Black Lives (BLM) has ushered a global reckoning with the meaning of this generation’s rallying cry – “Black Lives Matter.” As citizens emblazon their streets with this expression in massive artistic murals, the Trump administration has responded with the militarized policing of non-violent public demonstrations, revealing not merely a disregard for public safety, but far worse, a concerted dismantling of protestors’ First Amendment rights. Nevertheless, BLM protests have persisted. Accordingly, this Essay considers the implications of this generation’s acclamation of Black humanity amidst the social tensions exposed during the …
Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbulling Laws, Emily Suski
Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbulling Laws, Emily Suski
Faculty Publications
For several years, states have grappled with the problem of cyberbullying and its sometimes devastating effects. Because cyberbullying often occurs between students, most states have understandably looked to schools to help address the problem. To that end, schools in forty-six states have the authority to intervene when students engage in cyberbullying. This solution seems all to the good unless a close examination of the cyberbullying laws and their implications is made. This Article explores some of the problematic implications of the cyberbullying laws. More specifically, it focuses on how the cyberbullying laws allow schools unprecedented surveillance authority over students. This …
The Value Of Life: Constitutional Limits On Citizens’ Use Of Deadly Force, F. Patrick Hubbard
The Value Of Life: Constitutional Limits On Citizens’ Use Of Deadly Force, F. Patrick Hubbard
Faculty Publications
This Article argues that most states have unconstitutionally overbroad authorizations for citizens to use deadly force in the context of crime prevention, citizen’s arrest, and defense of one’s “castle.” Similarly, some authorizations of deadly force for self-defense in public areas may be unconstitutional. The starting points of this argument are the fundamental value of life, the state’s monopoly of deadly force, and the fundamental constitutional right to life. Because of the state’s monopoly of deadly force, any use of such force is either legitimate or proscribed. The lack of a third category of “private” use of deadly force affects constitutional …
A Long Way From Home: Slow Progress Toward "Home Rule" In South Carolina And A Path To Full Implementation, Pierce T. Maclennan
A Long Way From Home: Slow Progress Toward "Home Rule" In South Carolina And A Path To Full Implementation, Pierce T. Maclennan
South Carolina Law Review
No abstract provided.
Inside Voices: Protecting The Student-Critic In Public Schools, Josie F. Brown
Inside Voices: Protecting The Student-Critic In Public Schools, Josie F. Brown
Faculty Publications
First Amendment doctrine acknowledges the constructive potential of citizens’ criticism of public officials and governmental policies by offering such speech vigilant protection. However, when students speak out about perceived injustice or dysfunction in their public schools, teachers and administrators too often react by squelching and even punishing student-critics. To counteract school officials’ reflexively repressive responses to student protest and petition activities, this Article explains why the faithful performance of public schools’ responsibility to prepare students for constitutional citizenship demands the adoption of a more receptive and respectful attitude toward student dissent. After documenting how both educators and courts have mistakenly …
The Original Meaning Of Civility: Democratic Deliberation At The Philadelphia Constitutional Convention, Derek A. Webb
The Original Meaning Of Civility: Democratic Deliberation At The Philadelphia Constitutional Convention, Derek A. Webb
South Carolina Law Review
No abstract provided.
Not Very Collegial: Exploring Bans On Illegal Immigrant Admissions To State Colleges And Universities, Marcia A. Yablon-Zug, Danielle R. Holley-Walker
Not Very Collegial: Exploring Bans On Illegal Immigrant Admissions To State Colleges And Universities, Marcia A. Yablon-Zug, Danielle R. Holley-Walker
Faculty Publications
No abstract provided.
Overcoming Necessity: Torture And The State Of Constitutional Culture, Thomas P. Crocker
Overcoming Necessity: Torture And The State Of Constitutional Culture, Thomas P. Crocker
Faculty Publications
No abstract provided.
Torture, With Apologies, Thomas P. Crocker
South Carolina's Evolving Standards Of Decency: Capital Child Rape Statute Provides A Reminder That Societal Progression Continues Through Action, Not Idleness, Ashley M. Kearns
South Carolina's Evolving Standards Of Decency: Capital Child Rape Statute Provides A Reminder That Societal Progression Continues Through Action, Not Idleness, Ashley M. Kearns
South Carolina Law Review
No abstract provided.
The Fair Market Value Method Of Property Valuation In Eminent Domain: "Just Compensation" Or Just Barely Compensating?, Lucas J. Asper
The Fair Market Value Method Of Property Valuation In Eminent Domain: "Just Compensation" Or Just Barely Compensating?, Lucas J. Asper
South Carolina Law Review
No abstract provided.
The Doctrine Of Deference: Shifting Constitutional Presumptions And The Supreme Court's Restatement Of Student Rights, Bernard James, Joanne E.K. Larson
The Doctrine Of Deference: Shifting Constitutional Presumptions And The Supreme Court's Restatement Of Student Rights, Bernard James, Joanne E.K. Larson
South Carolina Law Review
No abstract provided.
The Dawn Of Religious Freedom In South Carolina: The Journey From Limited Tolerance To Constitutional Right, James L. Underwood
The Dawn Of Religious Freedom In South Carolina: The Journey From Limited Tolerance To Constitutional Right, James L. Underwood
South Carolina Law Review
No abstract provided.
Mcqueen V. South Carolina Costal Council: Misinterpreting Lucas, Nikki Lee
Mcqueen V. South Carolina Costal Council: Misinterpreting Lucas, Nikki Lee
South Carolina Law Review
No abstract provided.
Constitutional Law, Kevin O'Brien
Constitutional Law, Martin S. Driggers Jr.
Constitutional Law, Martin S. Driggers Jr.
South Carolina Law Review
No abstract provided.
Constitutional Law, Seann G. Hazzard, Joshua M. Henderson, Alicia A. Richardson, Michael R. Sullivan
Constitutional Law, Seann G. Hazzard, Joshua M. Henderson, Alicia A. Richardson, Michael R. Sullivan
South Carolina Law Review
No abstract provided.
Constitutional Law, Russell A. Demott, Cynthia B. Brown, Tara S. Taggart
Constitutional Law, Russell A. Demott, Cynthia B. Brown, Tara S. Taggart
South Carolina Law Review
No abstract provided.
The Right To Free Speech Versus The Right To A Fair Trial--Balancing Competing Constitutional Interests, Jack B. Swerling
The Right To Free Speech Versus The Right To A Fair Trial--Balancing Competing Constitutional Interests, Jack B. Swerling
South Carolina Law Review
No abstract provided.
Constitutional Law, Weston Adams Iii, Michael V. Hammond
Constitutional Law, Weston Adams Iii, Michael V. Hammond
South Carolina Law Review
No abstract provided.
Constitutional Law, William L. Monts Iii, Jeffrey M. Nelson
Constitutional Law, William L. Monts Iii, Jeffrey M. Nelson
South Carolina Law Review
No abstract provided.
Constitutional Law, Glenn R. Goodwin, James M. Magee, J. L. Rogers Jr.
Constitutional Law, Glenn R. Goodwin, James M. Magee, J. L. Rogers Jr.
South Carolina Law Review
No abstract provided.
Constitutional Law, Harriet Mcb. Johnson
Constitutional Law, Harriet Mcb. Johnson
South Carolina Law Review
No abstract provided.
Constitutional Law, R. S. Tewes
Constitutional Law, E. S. Horres Jr.
Constitutional Law, Elizabeth C. Lipson
Constitutional Law, Elizabeth C. Lipson
South Carolina Law Review
No abstract provided.
Comments, Ralph D. Karpinos, William C. Guida, Kathleen E. Crum
Comments, Ralph D. Karpinos, William C. Guida, Kathleen E. Crum
South Carolina Law Review
No abstract provided.
Constitutional Law, David C. Eckstrom