Works

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Part of the Constitutional Law Commons

2022

Tragedies of the Cultural Commons, Etienne C. Toussaint
Faculty Publications

Disaggregating Legislative Intent, Jesse M. Cross
Faculty Publications

Developing Police, Madalyn K. Wasilczuk
Faculty Publications

2021

COVID-19 and Business Interruption Insurance: The Constitutionality of Legislatively Mandated Coverage, William G. Arnold
South Carolina Law Review

Judges as Superheroes: The Danger of Confusing Constitutional Decisions with Cosmic Battles, H. Jefferson Powell
South Carolina Law Review

2020

Airline Deregulation in the Fourth Circuit, Timothy M. Ravich
South Carolina Law Review

2019

Educational Gerrymandering: Money, Motives, and Constitutional Rights, Derek Black
Faculty Publications

Nuclear Weapons, the War Powers, and the Constitution: Mutually Assured Destruction?, John M. DiPippa
South Carolina Law Review

Equality Opportunity and the Schoolhouse Gate, Derek Black, Michelle Adams
Faculty Publications

The Role of Fault in Sec. 1983 Municipal Liability, Michael L. Wells
South Carolina Law Review

2017

A First Amendment Deference Approach for Reforming Anti-Bullying Laws, Emily Suski
Faculty Publications

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

The Strange Life of Stanley v. Illinois: A Case Study in Parent Representation and Law Reform, Josh Gupta-Kagan
Faculty Publications

2016

Taking the Oceanfront Lot, Josh Eagle
Faculty Publications

The Constitutional Challenge to Teacher Tenure, Derek W. Black
Faculty Publications

Free Speech & Disparaging Trademarks, Ned Snow
Faculty Publications

Stanley v. Illinois’ Untold Story, Josh Gupta-Kagan
Faculty Publications

2015

Taking the Oceanfront Lot, Josh Eagle
Josh Eagle

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

Dystopian Constitutionalism, Thomas P. Crocker
Faculty Publications

2014

In Re Sanders and the Resurrection of Stanley v. Illinois, Josh Gupta-Kagan
Faculty Publications

Beyond the Schoolhouse Gates: The Unprecedented Expansion of School Surveillance Authority under Cyberbulling Laws, Emily Suski
Faculty Publications

The Lost Takings Test, Josh Eagle
Josh Eagle

The Value of Life: Constitutional Limits on Citizens’ Use of Deadly Force, F. Patrick Hubbard
Faculty Publications

The Prudential Third-Party Standing of Family-Owned Corporations, Benjamin Means, Matthew I. Hall
Faculty Publications

The Constitutional Limit of Zero Tolerance in Schools, Derek W. Black
Faculty Publications

2013

The Meaning of Science in the Copyright Clause, Ned Snow
Faculty Publications

2012

Inside Voices: Protecting the Student-Critic in Public Schools, Josie F. Brown
Faculty Publications

Federal Constraints: Possible Constitutional Hurdles to Cross-Border Cap-and-Trade,, Shelley Welton
Faculty Publications

Who Decides on Liberty?, Thomas P. Crocker
Faculty Publications

2011

Presidential Power and Constitutional Responsibility, Thomas P. Crocker
Faculty Publications

Book Review: Concepts in Law: Whom Should You Trust? Plans, Pragmatism, and Legality, Thomas P. Crocker
Faculty Publications

Power to the People: The Takings Clause, Hart's Rule of Recognition, and Populist Law-Making, F. Patrick Hubbard
Faculty Publications

Searching for Equality: Equal Protection Clause Challenges to Bans on the Admission of Undocumented Immigrant Studies to Public Universities, Danielle R. Holley-Walker
Faculty Publications

2010

Judges Playing Jury: Constitutional Conflicts in Deciding Fair Use on Summary Judgment, Ned Snow
Faculty Publications

The Transformation of the Supreme Court of Canada: An Empirical Examination, Donald R. Songer
Donald R. Songer

The Political Fourth Amendment, Thomas P. Crocker
Faculty Publications

2009

From Privacy to Liberty: The Fourth Amendment after Lawrence, Thomas P. Crocker
Faculty Publications

Not Very Collegial: Exploring Bans on Illegal Immigrant Admissions to State Colleges and Universities, Marcia A. Yablon-Zug, Danielle R. Holley-Walker
Faculty Publications

Developmental Due Process: Waging a Constitutional Campaign to Align School Discipline with Developmental Knowledge, Josie F. Brown
Faculty Publications

2008

Overcoming Necessity: Torture and the State of Constitutional Culture, Thomas P. Crocker
Faculty Publications

Torture, with Apologies, Thomas P. Crocker
Faculty Publications

Children, Kin and Court: Designing Third Party Custody Policy to Protect Children, Third Parties and Parents, Josh Gupta-Kagan
Faculty Publications

Unintended Consequences: Why Congress Should Tread Lightly When Entering the Field of Family Law, Elizabeth G. Patterson
Faculty Publications

2007

Envisioning the Constitution, Thomas P. Crocker
Faculty Publications

Displacing Dissent: The Role of Place in First Amendment Jurisprudence, Thomas P. Crocker
Faculty Publications

2006

The Voting Rights Act of 1965: A Selected Annotated Bibliography, Terrye Conroy
Faculty Publications

2005

The Constitutional Failing of the Anticybersquatting Act, Ned Snow
Faculty Publications

1949

And This, Too, O King, Shall Change and Pass Away, C. T. Graydon
South Carolina Law Review

Defense of the Old Court and a Plea for Some Certainty in the Law, Douglas McKay Sr.
South Carolina Law Review

Federal Civil Rights Legislation and the Constitution, Frank K. Sloan
South Carolina Law Review