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Joseph F. Rice School of Law

June 2024: Faculty Scholarship & Impact

Amicus Brief

Seth Stoughton
Submitting an amicus brief (SCOTUS, cert stage) in Barnes v. Felix
June 2024


Appointments

Madalyn Wasilczuk
Elected to the Board of Directors of the Clinical Legal Education Association to serve a three-year term starting July 1, 2024


Grants

Madalyn Wasilczuk
Member of research team awarded a $2.4 million grant to study pregnancy criminalization across the United States in the three years following Dobbs v. Jackson Women’s Health Organization


Media

Are police in schools ensuring safety or enforcing discipline?: ‘Disrespect is not criminal’
Penn Live (ft. Seth Stoughton)
June 10, 2024

https://openvallejo.org/2024/06/10/the-secret-death-of-darryl-dean-mefferd/
OpenVallejo (ft. Seth Stoughton)
June 10, 2024

The Christian right is coming for divorce next
Vox (ft. Marcia Zug)
June 13, 2024

Author of ‘You’ll Do: A History of Marrying for Reasons Other Than Love’
WGN9-Chicago (ft. Marcia Zug)
June 17, 2024


Podcast

Marcia Zug
Exalted Status
White Picket Fence
June 20, 2024


Presentations

Seth Stoughton
Training Lead
Training to investigators, prosecutors, and judges in Ulaanbaatar, Mongolia (with the Rule of Law Collaborative and the Asia Foundation (under a state department grant))
May 27-June 3, 2024

Bryant Walker Smith
Invited Participant
Roundtable on Computer Science and the Law
June 3-4, 2024

Emily Winston
Private Market Wealth
Law and Society Annual Meeting
June 7, 2024

Tessa Davis
The Emergence of Tax Law
Law & Society Annual Meeting
June 8, 2024

Bryant Walker Smith
The Trustworthy Company
Information Society Law Center at the University of Milan
June 11, 2024

Bryant Walker Smith
Committee Vice Chair Presentation
US Department of Transportation's Transforming Transportation Advisory Committee
June 13, 2024

Aparna Polavarapu
Restorative Justice and Building Communities of Radical Belonging in the Law School Classroom
Restorative Justice in Legal Education Symposium, National Center on Restorative Justice
June 17, 2024

Seth Stoughton
Invited Presenter
Charleston Police Department’s Leadership Summit

June 20, 2024

Madalyn Wasilczuk
Criminalizing Speech: Student Threats, School Safety, and the First Amendment, South Carolina Commission on Indigent Defense
CLE Presentation
June 24, 2024

Seth Stoughton
Invited Presenter
Police Executive Research Forum on Avoiding Restraint Related Deaths
June 27-28, 2024


Reports

Lisa Martin
Few Same Sex Partners Seek Orders of Protection in South Carolina


Scholarship

Madalyn Wasilczuk
Killing Stays, 2024 Wis. L. Rev. 859

For decades, the Supreme Court has been suspicious of litigation under warrant in capital cases. The Court has described last-minute litigation as manipulative and dilatory, a result of gamesmanship by people on death row and their lawyers. With the confirmation of Justice Brett Kavanaugh in 2018, the Court began to extinguish the opportunity to assert death row detainees’ rights against unlawful death sentences and executions. This Article clarifies the importance of the capital stay to the adjudication of death row detainees’ rights and argues that the Court’s hostility to the capital stay has four principal effects: First, the Court’s evisceration of the capital stay moots the substantive rights of those facing execution. Second, it undermines the role of the federal courts to protect the rights of Black, disabled, and other disfavored litigants. Third, it warps the usual jurisprudential development of death penalty law by eliminating merits rulings and breaking new ground on the shadow docket. Finally, it instantiates the Court’s refusal to be bound by law or facts, thereby subverting the rule of the law. The capital stay requires additional theoretical development. This Article lays the foundation for that work.

Emily Winston
An Unlikely Romance: The United States and Intermediated Markets, 58 U. Rich. L. Rev. 793 (2024).


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