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Joseph F. Rice School of Law

March 2023: Faculty Scholarship & Impact

Article Reviews 

Tracey Roberts, Weekly SSRN Tax Article Review And Roundup: Roberts Reviews Taxing Luxury Emissions By Wallace & Welton, TaxProf Blog (March 17, 2023) (reviewing Clinton Wallace and Shelley Welton,Taxing Luxury Emissions, 95 Cornell L. Rev. __(forthcoming 2024)).

Joseph Seiner, Technology, Disparate Impact, and Discrimination, JOTWELL (March 22, 2023) (reviewing Michael Selmi, Algorithms, Discrimination and the Law, 82 Ohio St. L. J. 611 (2021)). 


Book Reviews

Madalyn Wasilczuk
Review of Indefinite: Doing Time in Jail
, Rutgers Crim. L. & Crim. J. Books
March 2023


Media

Report details deaths in SC prisons, jails, more died in Spartanburg jail than others
Greenville News (feat. Madalyn Wasilczuk)
March 1, 2023

Tesla Officially Admits Its Self Driving Cars Cause Crashes With A Massive Recall
HotCars.com (feat. Bryant Walker Smith)
March 4, 2023

Recent high-profile deaths put police body cameras under new scrutiny 
ABC News (feat. Seth Stoughton) 
March 5, 2023 

What are the limits of presidential power to forgive student loans? A constitutional law expert answers 5 questions 
The Conversation (Derek Black) 
March 8, 2023 

Calls made for DOJ investigation at Spartanburg jail weeks after report on inmate deaths
GoUpstate (feat. Madalyn Wasilczuk)
March 16, 2023

Few legal challenges to laws limiting lessons on race, gender 
The Washington Post (feat. Derek Black
March 17, 2023 

An Overcrowded Upstate Jail Is Among SC’s Deadliest. One Man’s Family Wants Answers
Post & Courier (feat. Madalyn Wasilczuk)
March 18, 2023

Death of 28-Year-Old Man in Charleston County Jail Custody Ruled Homicide
Post & Courier (feat. Madalyn Wasilczuk)
March 20, 2023

What does ‘moral hazard’ mean? A scholar of financial regulation explains why it’s risky for the government to rescue banks 
The Conversation (Cassandra Jones Havard
March 21, 2023 

Los Angeles police accidentally release photos of undercover officers to watchdog website
LA Times (feat. Seth Stoughton)
March 21, 2023

Updated Title IX Rules to Bring Clarity to Sex Discrimination Claims
Magazine of the Society of Women Engineers (feat. Emily Suski)
March 23, 2023

Bar Bytes: Include Alt Text for Accessibility
South Carolina Lawyer (Eve Ross)
March 23, 2023

Atlanta’s so-called ‘Cop City’ is igniting protests. Here’s what we know about the foundation behind it
CNN (feat. Seth Stoughton)
March 29, 2023


Podcast

Shielded
Short Circuit Live Podcast (feat. Seth Stoughton)
March 8, 2023

The Purpose Legal Education
California Law Review (feat. Etienne Toussaint)
March 14, 2023

Etienne Toussaint discusses his latest article, The Purpose of Legal Education, with the California Law Review.


Presentations 

Kevin Brown
Testimony to Implementation Panel
 
California Task Force to Study and Develop Reparation Proposals for African Americans 
March 3, 2023 

Seth Stoughton
Government Accountability Panel Presentation
Georgetown Center for the Constitution and the Institute for Justice Symposium
March 7, 2023

Kevin Brown
Civics Leaders Center Presentation
Paul H. O'Neill School of Public and Environmental Affairs at Indiana University - Bloomington
March 7, 2023

Bryant Walker Smith
Keynote Speaker

Portugal's National Road Traffic Safety Authority
March 10, 2023

Etienne Toussaint
Teaching First Generation Law Students (virtual)
Harvard Law School
March 10, 2023

Bryant Walker Smith
Moderated Discussion

UN's Global Forum for Road Traffic Safety
March 14, 2023

Elizabeth Chambliss
Three Strategies for Improving Access to Civil Legal Assistance in South Carolina

South Carolina Law Review Symposium
March 17, 2023

Madalyn Wasilczuk
Minor Exceptionalism

Georgia State University School of Law Faculty Exchange
March 20, 2023

Etienne Toussaint
First Amendment, Fighting Words, and Protest
First Amendment Clinic, University of Georgia School of Law, (virtual)
March 22, 2023

Clint Wallace
Taxing Luxury Emissions
UC-San Francisco Tax Policy Colloquium
March 22, 2023

Marcia Yablon-Zug
Supreme Court Series: Presentation on the Castro-Huerta Decision
Winthrop University
March 24, 2023

Seth Stoughton
Police Use of Force
Northern Kentucky Law Review Modern Policing and the Law Symposium
March 24, 2023

Etienne Toussaint
Legal Education and Access to Justice (virtual)
Professor Jasmine Harris’s “Access to Justice” Seminar, University of Pennsylvania Law School
March 27, 2023

Madalyn Wasilczuk
Grounded Pedagogy: Engaging DEI Where We Live
University of South Carolina Center for Teaching Excellence
March 28, 2023

Bryant Walker Smith
Presentation on DALL-E Does Palsgraf
Case Western's Journal of Law, Technology, and the Internet (Symposium)
March 31, 2023


Scholarship

Elizabeth Chambliss
Three Strategies for Improving Access to Civil Legal Assistance in South Carolina, 74 S.C. L. REV. (forthcoming 2023).

Seth Stoughton
An Experimental Look at Reasonable Suspicion and Police Discretion, ___ Policing: An International Journal ___ (forthcoming 2023) (with Kyle McLean, Justin Nix, Ian T. Adams, and Geoffrey P. Alpert).

Etienne Toussaint
The Purpose of Legal Education
, 111 California Law Review 1 (2023).

This Article argues that the anti-racist, democratic, and movement lawyering principles advocated by progressive legal scholars should not be viewed merely as aspirational ideals for social justice law courses. Rather, querying whether legal systems and political institutions further racism, economic oppression, or social injustice must be viewed as endemic to the fundamental purpose of legal education.

Madalyn Wasilczuk
For Their Own Good: Girls, Sexuality, and State Violence in the Name of Safety, 59 Cal. W. L. Rev. 1 (2023).

This Article argues that today’s status offense system grew from raced, gendered, classed, and ableist roots. This Article demonstrates that the status offense system inflicts state violence on Black girls and must be abolished. 

Madalyn Wasilczuk
The Clinic as a Site of Grounded Pedagogy, 29 Clin. L. Rev. 405 (2023).

This Article describes the law school clinic as a site of grounded pedagogy: a teaching method that centers the connection between local history and the present to help students understand their individual clients’ situations and the wider struggle for justice.

Marcia Yablon-Zug
Brackeen and the “Domestic Supply of Infants," Family Law Quarterly, Volume 56, 2023.

In November 2022, the Supreme Court heard oral arguments in Brackeen v. Haaland. The case concerns the constitutionality of the Indian Child Welfare Act (ICWA). The Act restricts the unjustified removal of native children from their families and helps to ensure that when removals do occur, significant attempts will be made to place Indian children with relatives (native or non-native), with their tribe, or in other Indian homes before considering non-Indian placements. Preferring Indian placements over non-Indian ones has long been controversial. Come spring, this provision, and possibly the entire ICWA, may be found unconstitutional. Such a ruling would contradict longstanding federal Indian law jurisprudence but closely aligns with the Court’s recent adoption-related discussions in Dobbs v. Jackson Women’s Health Organization and Fulton v. City of Philadelphia. Using Dobbs and Fulton, this article shows that a majority of justices of the current Court have expressed strong support for policies that increase the supply of adoptable children as well as an inclination to aid adoptive families the legal system deems deserving and desirable. It then argues that because Brackeen gives the Court the opportunity to do both, there is every reason to believe that it will.


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