Skip to main content

Faculty Publications

The University of South Carolina School of Law has more than 50 full-time faculty members, including clinical and visiting professors, and approximately 25 adjunct professors who teach advanced courses and trial advocacy. Our law faculty is committed to excellence in teaching and research, and includes many who are nationally prominent in their respective areas of expertise. Among the faculty are authors of leading casebooks, treatises, and law review articles.

Submissions from 2009 2009

We Have a "Purpose" Requirement If We Can Keep It, James F. Flanagan

Comparative Effectiveness Research and Medicare, Jacqueline R. Fox

Will Health Care Reform Increase Litigation over Denied Claims, Jacqueline R. Fox

Raising the Cut-Off: The Empirical Case for Extending Adoption and Guardianship Subsidies from Age 18 to 21, Josh Gupta-Kagan

A Comment on Untangling the Safety Net: Protecting Federal Benefits from Freezes, Fees, and Garnishment, by Allen C. Myers, A The Washington and Lee Alumni Association Student Notes Colloquium, Phillip T. Lacy

Book Review - Hiring and Firing, Rebekah K. Maxwell

A Voice-Based Framework for Evaluating Claims of Minority Shareholder Oppression in the Close Corporation, Benjamin Means

A Voice-Based Framework for Evaluating Claims of Minority Shareholder Oppression in the Close Corporation, Benjamin Means

A Public Privilege, Colin Miller

Dismissed with Prejudice: Why Application of the Anti-Jury Impeachment Rule to Allegations of Racial, Religious, or Other Bias Violates the Right to Present a Defense, Colin Miller

Impeachable Offenses?: Why Civil Parties in Quasi-Criminal Cases Should Be Treated Like Criminal Defendants Under the Felony Impeachment Rule, Colin Miller

Examining Costs of Diversity, Eboni S. Nelson

Design Defect Ghosts, David Owen

Figuring Foreseeability, David Owen

Design Defects in Prescription Drugs: Intersections of Law and Science in American Products Liability Law, David G. Owen

Breaking up Doesn't Have to Be So Hard: Default Rules for Partition and Secession, Nathan D. Richardson

The Trouble with Twombly: A Proposed Pleading Standard for Employment Discrimination Cases, Joseph Seiner

Water as a Public Good: The Status of Water Under the General Agreement on Tariffs and Trade, Bryant W. Smith

Copytraps, Ned Snow

Deporting Grandma: Why Grandparent Deportation May be the Next Big Immigration Crisis and How to Solve It, Marcia A. Yablon-Zug

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

Submissions from 2008 2008

Remembering Bob Oakley, Duncan E. Alford

The Influence of Hong Kong Banking Law on Banking Reform in the PRC, Duncan E. Alford

Framework for the Next Civil Rights Act: What Tort Concepts Reveal about Goals, Results, and Standards, Derek W. Black

The Mysteriously Reappearing Cause of Action: the Court’s Expanded Concept of Intentional Gender and Race Discrimination in Federally Funded Programs, Derek W. Black

The Uncertain Future of School Desegregation and the Importance of Goodwill, Good Sense, and a Misguided Decision, Derek W. Black

Turning Stones of Hope into Boulders of Resistance: The First and Last Task of Social Justice Curriculum, Scholarship, and Practice, Derek W. Black

Notes From a Climate Change Pressure-Cooker: Sub-Federal Attempts at Transformation Meet National Resistance in the USA, Cinnamon P. Carlarne

When Do Facts Persuade? Some Thoughts on the Market for “Empirical Legal Studies”, Elizabeth Chambliss

Torture, with Apologies, Thomas P. Crocker

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

The Practical Effects of Delegation: Agencies and the Zoning of Public Land and Seas, Josh Eagle

Ocean Zoning and Spatial Access Privileges: Rewriting the Tragedy of the Regulated Ocean, Josh Eagle, James N. Sanchirico, and Barton H. Thompson Jr.

The Toyota Sidestep Catches On, Lisa A. Eichhorn

Clarity and the Federal Rules of Civil Procedure: A Lesson from the Style Project, Lisa A. Eichhorn

Reinvigorating the Concept of Benefit: The Failure of Drug Company-Sponsored Research on Human Subjects, Jacqueline R. Fox

Mutual Fund Advisory Fees: New Evidence and a Fair Fiduciary Duty Test, John P. Freeman, Stewart Brown, and Steve Pomerantz

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

Educating at the Crossroads: Parents Involved, No Child Left Behind and School Choice, Danielle R. Holley-Walker

Substantive Due Process Limits on Punitive Damage Awards: "Morals Without Technique"?, F. Patrick Hubbard

Book Review - Climate Change: A Guide to Carbon Law and Practice, Rebekah K. Maxwell

Book Review - The Science of Settlement: Ideas for Negotiators, Rebekah K. Maxwell

Limitations on the Trustee's Power to Adjust, S. Alan Medlin

Even Better than the Real Thing: How Courts Have Been Anything But Liberal in Finding Genuine Questions Raised as to the Authenticity of Originals Under Rule 1003, Colin Miller

"Manifest" Destiny?: How Some Courts Have Fallaciously Come to Require A Greater Showing of Congressional Intent for Jurisdictional Exhaustion Than They Require for Preemption, Colin Miller

Ordeal By Innocence: Why There Should Be a Wrongful Incarceration/Execution Exception to Attorney-Client Confidentiality, Colin Miller

The Availability and Viability of Socioeconomic Integration Post-Parents Involved, Eboni S. Nelson

Design Defects, David G. Owen

The Five Elements of Negligence, David G. Owen

Civil Contempt and the Indigent Child Support Obligor: The Silent Return of Debtor's Prison, Elizabeth G. Patterson

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

Condominium Arrangements in International Practice: Reviving an Abandoned Concept of Boundary Dispute Resolution, Joel H. Samuels

The Failure of Punitive Damages in Employment Discrimination Cases: A Call for Change, Joseph Seiner

From the States Up: Building a National Renewable Energy Policy, Shelley Welton

Lessons Learned: Transferring the European Union's Experiences with Energy Efficiency Policy to China, Shelley Welton

Gone But Not Forgotten: The Strange Afterlife of the Jay Treaty's Indian Free Passage Right, Marcia A. Yablon-Zug

Submissions from 2007 2007

Mandarin Chinese: An Annotated Bibliography of Self-Study Materials, Duncan E. Alford

Treaties Submitted to the United States Senate: Legislative History, 1989-2004, Duncan E. Alford

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

Envisioning the Constitution, Thomas P. Crocker

A Window into the Regulated Commons: The Takings Clause, Investment Security, and Sustainability, Josh Eagle

The Mutual Fund Distribution Fee Mess, John P. Freeman

In Prosecutors We Trust: UK Lessons for Illinois Disclosure, Susan S. Kuo

Blogs: The Next Generation, David Lehmann

Library Technology Upgrade: Using Web 2.0 Applications, David Lehmann

A Copyright Conundrum: Protecting Email Privacy, Ned Snow

Actually, We Are Leaving Children behind: How Changes to Title I under the No Child Left Behind Act Have Helped Relieve Public Schools of the Responsibility for Taking Care of Disadvantaged Students' Needs, Emily Suski

Submissions from 2006 2006

The Lamfalussy Process and EU Bank Regulation: Another Step on the Road to Pan-European Bank Regulation?, Duncan E. Alford

The Contradiction Between Equal Protection's Meaning and Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black

Killing, Cheating, Legislating, and Lying: A History of Voting Rights in South Carolina after the Civil War, W. Lewis Burke

The Professionalization of Law Firm In-House Counsel, Elizabeth Chambliss

The Professionalization of Law Firm In-House Counsel, Elizabeth Chambliss

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

Regional Ocean Governance: The Perils of Multiple-Use Management and the Promise of Agency Diversity, Josh Eagle

The Nature and Impact of the Tort Reform Movement, F. Patrick Hubbard

Using Fact-Finding to Combat Violence against Women in Ghana, Uganda, and the United States: Lessons Learned as a Clinic Student, Clinic Supervisor, and Practitioner, Lisa V. Martin

Domestic Violence in Ghana: The Open Secret, Lisa V. Martin, Nancy Cantalupo, Kay Pak, and Sue Shin

The Best Offense is a Good Defense: Why Defendants' Nolo Contendere Pleas Should Be Inadmissible Against Them When They Become Civil Plaintiffs, Colin Miller

Cognitive Biases and Heuristics in Tort Litigation: A Proposal to Limit Their Effects Without Changing the World, John E. Montgomery

Child Marriage and Guardianship in Tanzania: Robbing Girls of their Childhood and Infantilizing Women, Aparna Polavarapu

Disentangling Disparate Impact and Disparate Treatment: Adapting the Canadian Approach, Joseph Seiner

Understanding the Unrest of France’s Younger Workers: The Price of American Ambivalence, Joseph Seiner

Accessing the Internet through the Neighbor's Wireless Internet Connection: Physical Trespass in Virtual Reality, Ned Snow

The Prohibition Hangover: Why We Are Still Feeling the Effects of Prohibition, Marcia A. Yablon-Zug

Submissions from 2005 2005

Core Principles for Effective Banking Supervision: An Enforceable International Financial Standard?, Duncan E. Alford

European Union Legal Materials: An Infrequent User's Guide, Duncan E. Alford

The Rehnquist Court: Nineteen Years of Tax Decisions, F. Ladson Boyle

THE NIRVANA FALLACY IN LAW FIRM REGULATION DEBATE, Elizabeth Chambliss

Medicare Should, but Cannot, Consider Cost: Legal Impediments to Sound Policy, Jacqueline R. Fox

Official Indiscretions: Considering Sex Bargains with Government Informants, Susan S. Kuo

Applicants Laid Bare: The Privacy Economics of University Application Files, Martin McWilliams

A Shock to the System: Analyzing the Conflict Among Courts over Whether and When Excited Utterances May Follow Subsequent Startling Occurrences in Rape and Sexual Assault Cases, Colin Miller

Information Shields in Tort Law, David Owen

Proof of Product Defect, David G. Owen

Special Defenses in Products Liability Law, David G. Owen

The Constitutional Failing of the Anticybersquatting Act, Ned Snow

Why Annie Gets to Keep Her Gun: An Analysis of Firearm Exemptions in Bankruptcy Proceedings, Marcia A. Yablon-Zug

Submissions from 2004 2004

The Chevron Two-Step and the Toyota Sidestep: Dancing Around the EEOC's Disability Regulations under the ADA, Lisa A. Eichhorn

The Ethics of Using Judges to Conceal Wrongdoing, John P. Freeman

Instruct the Jury: Crane's Serious Difficulty Requirement & Due Process, Kenneth Gaines