Should I Stay or Should I Go? South Carolina’s Nonlawyer Judges
Christel Purvis[1]*
Introduction
Each year approximately one million criminal cases are heard in South Carolina’s summary courts[2] where nearly two-thirds of the judges are not licensed attorneys.[3] Summary courts are spread throughout all forty-six counties …
The Sultans of Stream: How Big Streaming Services Have Used Their Oligopsony Power in the Music Industry to Leave Millions of Musicians in Dire Straits
Benjamin Stevens[1]*
Introduction
Over the last few years, music streaming services have become the predominant channel through which music is consumed by listeners throughout the United States.[2] However, even with millions of subscribers and $2.1 …
School District Secession in Mobile County, Alabama: A Case Study of Adaptive Discrimination and Threats to Multiracial Democracy
Sarah Asson[1]* & Erica Frankenberg[2]**
White families’ resistance to school desegregation in Mobile County, Alabama, has existed since Brown v. Board of Education and has adapted since the era of court-ordered desegregation. That resistance remains …
Testing the Limits: Asian Americans and the Debate Over Standardized Entrance Exams
Vinay Harpalani[1]*
Introduction
Asian Americans[2] are in a precarious position in America’s racial landscape. Within today’s most salient educational debates, they often find themselves positioned against other people of color.[3] Most notably, the U.S. Supreme …
Education: Constitutional Democracy’s Predicate and Product
Martha Minow[1]*
The combination of a global pandemic and global jeopardy to democracies exacerbates deficiencies in American education for children and youth and underscores the critical importance of renewed and amplified investments of resources and …
Beware of Educational Blackmail: How Can We Apply Lessons from Environmental Justice to Urban Charter School Growth?
Preston C. Green III[1]* & Chelsea E. Connery[2]**
This Article explains how environmental justice principles can be used in litigation and legislation to enable minority families in urban communities to benefit from charter schools while …
Transitional Justice As Communication: Why Truth Commissions and International Criminal Tribunals Need to Persuade and Inform Citizens and Leaders, and How They Can
Jamie O’Connell[1]*
This Article reframes transitional justice as communication. It argues that the impact of truth and reconciliation commissions (TRCs) and international criminal tribunals (ICTs) on countries where human rights violations occurred depends largely on …
The Refusal of Supreme Court Nominees to Discuss Legal, Political, and Social Issues at Senate Confirmation Hearings: Ethical Obligation or Survival Strategy?
Raymond J. McKoski[1]*
Supreme Court nominees routinely refuse to discuss their personal views on legal, political, and social issues with members of the Senate Judiciary Committee. Nominees assert that judicial ethics rules prohibit them from …
Critical tax theory is a small body of scholarship animated by the idea that even the tax code is not immune from bias and structural discrimination.[2] A segment of this scholarship …
Tax Administration and Racial Justice: The Illegal Denial of Tax-Based Pandemic Relief to the Nation’s Incarcerated Population
Leslie Book*
Introduction
In the midst of a devastating pandemic that would sicken millions, kill hundreds of thousands, and cause widespread financial distress, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a …
A Legacy of Slavery: The Citizen’s Arrest Laws of Georgia and South Carolina
Roger M. Stevens[1]*
Introduction
The killings of Ahmaud Arbery,[2] Kenneth Herring,[3] and Derrick Grant[4] during citizen’s arrests in Georgia and South Carolina illustrate the clear and present danger of citizen’s arrest laws. All three of …
Capitalization of the Global Green Economy: An Analysis of South Carolina’s Current Foreign Direct Investment Efforts and Suggestions for Continued Sustainability
William E. Hilger[1]*
Introduction
As a national role model in its approach to attracting foreign direct investment (FDI), South Carolina depends on the global economy and relies on a sizable proportion of foreign corporations for …
COVID-19 and Business Interruption Insurance: The Constitutionality of Legislatively Mandated Coverage
William G. Arnold[1]*
Introduction
On March 6, 2020, the South Carolina Department of Health and Environmental Control (DHEC) announced it was investigating two potential cases of the novel coronavirus (COVID-19).[2] Both individuals tested “presumptive positive,” …