Bankruptcy, Taxes, and the Primacy of IRS Refund Offsets: Copley v. United States
Michelle Lyon Drumbl[1]*
Introduction
The Bankruptcy Code and the Internal Revenue Code (I.R.C.) are statutory labyrinths of federal law. Copley v. United States called on the Fourth Circuit to resolve a question that arose when …
Towards a Principled Approach for Bailouts of COVID-distressed Critical/Systemic Firms
Horst Eidenmüller[1]* & Javier Paz Valbuena[2]**[3]ψ
In this Article, we propose a principled approach for government bailouts of critical/systemic firms who find themselves in COVID-19-induced financial distress. We also demonstrate why bankruptcy is the wrong …
What U.S. Law Reformers Can Learn From Germany’s Value-Explicit Approach To Self-Defense
By T. Markus Funk, Ph.D.[1]*
The exercise of self-preferential force to fend off an actual or perceived threat finds itself at the center of today’s simmering criminal justice reform debate. Particularly in the wake of …
Civil actions seeking damages against public officials are often the only effective vehicle for challenging the constitutionality of governmental conduct. As the Supreme Court has recognized, in cases not amenable to …
For years, human trafficking has garnered substantial attention in the media, among lawmakers, and in concerned communities. Yet prosecutions remain relatively sparse, particularly for labor trafficking. In 2000, Congress enacted federal laws …
Disruptive Legal Technology, COVID-19, and Resilience in the Profession
Christopher A. Suarez[1]*
Introduction
The legal profession is in the throes of two major disruptive events—the rapid emergence of new legal practice technologies[2] and a global pandemic unlike any seen in over a century.[3] These …
The extraordinary success of the economy’s digital sector is indisputable. Microsoft, Apple, Amazon, Alphabet (Google), and Facebook are the top five companies traded on the U.S. stock market. Not coincidently, all …
The Elitification of the U.S. Supreme Court and Appellate Lawyering
H.W. Perry Jr.[1]*
Introduction
Developments in law and judicial behavior receive much attention from legal academics, political scientists, and other scholars of law and courts— developments in lawyering, not so much.[2] Over the last two …
Forgive Me, Your Honor, For I Have Sinned: Limiting the Ecclesiastical Abstention Doctrine to Allow Suits for Defamation and Negligent Employment Practices
Alexander J. Lindvall*
“For all who have sinned without the Law will also perish without the Law, and all who have sinned under the Law will be judged by the Law.”
Green Bay Without the Packers: Effects of Rural Hospital Closures and Approaches to Providing Healthcare to Rural South Carolinians
Kristen A. Soucy[1]*
Introduction
Four rural hospitals have closed in South Carolina since 2010.[2] When a hospital closes, it leaves a multitude of problems in its wake. These include the obvious public health issues associated …
Tying the “Not”: The South Carolina Supreme Court’s Prospective Abolishment of Common Law Marriage
Morgan E. Spires[1]*
Introduction
Though South Carolina adopted the doctrine of common law marriage in 1832,[2] the 2019 decision of Stone v. Thompson drastically altered the course of family law jurisprudence by prospectively abolishing the …
Paradise Lost?: A New Legal Theory to Combat Climate Change in South Carolina
Anna C. Parham[1]*
Introduction
Violet was an artist and small business owner in Charleston, South Carolina. She sold her artwork as well as locally made crafts in a store located on historic King Street in …
Bans on Bans: Plastic Bags, Power, and Home Rule in South Carolina
Madison Guyton[1]*
Introduction
During the first decade of the twenty-first century, companies produced more single-use plastic bags than in all of the twentieth century combined.[2] In recent years, growing concerns surrounding the sheer number of …
Columbus’s Legacy: Trafficking of Native American Women in the 21st Century
Carly Gillespie[1]*
Introduction
As a child, J. Dakotah, who is Anishinaabe-Ojibwe, Dakota-Sioux, and Menominee, was no stranger to a hard life.[2] J. Dakotah’s family suffered from domestic violence, substance abuse, unemployment, and extreme poverty.[3] Despite …
A Path Forward: Florida’s Efforts to Combat Human Trafficking
Jennifer L. Brinkley[1]*
Introduction
The National Human Trafficking Hotline ranks Florida as third in the United States in human trafficking cases.[2] Because Florida has several major international airports, many ports of entry, a thriving agricultural …