Faculty Scholarship News

The faculty at Charleston School of Law are renowned nationwide for their research and scholarship. Here is the latest news:

Katie Brown: Charleston School of Law Associate Dean for Information Resources Katie Brown accepted an invitation to speak at the third Annual Law & Technology Summit hosted by the NCCU Technology Law & Policy Center at the Durham Convention Center on Friday, October 11, 2024.  This event will feature a variety of concurrent panels exploring the legal implications of emerging technologies and will include Continuing Legal Education (CLE) credit for the sessions.

Michelle Condon: Charleston Law Director of Externships / Director of Public Service and Pro Bono / Distinguished Visiting Professor of Law Michelle Condon co-created and co-presented at a virtual Continuing Legal Education (CLE) event for externship site supervisors, titled: AI and Externships—One Small Step and One Giant Leap, sponsored by the Charleston School of Law and the University of South Carolina, Joseph F. Rice School of Law.  Condon presented on best practices, ABA Standards, and South Carolina rules.

Associate Dean for Academic Affairs/Professor of Law Margaret Lawton and Associate Professor of Law Kim Phillips: At the request of the S.C. Bar, Lawton and Phillips are revising The Criminal Law of South Carolina. The book, first published in 1982, has been described as the “essential guide on criminal law.” The last edition, the 6th edition, was published in 2013.  The revised edition is scheduled to be released in 2026.

Margaret Lawton, Kim Phillips & Miller Shealy: At the request of the S.C. Bar, Margaret Lawton, Kim Phillips, and Miller Shealy are revising Criminal Procedure for South Carolina Practitioners. Shealy and Lawton co-authored the original publication in 2011, as well as its subsequent updates. The revised publication is expected to be available in 2025. In addition, the S.C. Bar will publish an update to South Carolina Crimes: Elements and Defenses (2d ed.), which Lawton, Phillips and Shealy co-authored in 2021.

Jon Marcantel: Professor of Law Jon Marcantel accepted an offer from Drake Law Review to publish his latest research titled, Proving “Basis of the Bargain” Under UCC 2-313.  Abstract: Section 2-313 of the Uniform Commercial Code provides the elemental requirements for the existence of an express warranty.  Among them is the requirement that the seller’s affirmations or descriptions “form the basis of the bargain”.  Because that phrase is undefined within the Code, courts have developed three different, primary interpretations of the phrase.  This article argues that, although each of those positions is distinct, each centers its analysis around a consideration-based analysis of the phrase and as a result focuses the inquiry on the existence or non-existence of reliance.

Melanie Regis: Assistant Professor of Law Professor Melanie Regis Ninth Circuit Public Defender Cameron Blazer (’07), and attorney Luke Shealey will co-author South Carolina Criminal Law and Procedure with Forms. The book will be published by LexisNexis and  is expected to be available in 2026 both in hard copy form and through electronic databases. The book will be the first South Carolina specific book on criminal law and procedure published by LexisNexis. The book is intended to be a hybrid publication as it is a treatise with practice forms.  All aspects of the criminal prosecution process, beginning with decisions to prosecute and ending with postconviction, will be covered.  The forms and sample motions are meant to be helpful guides for both prosecutors and defense attorneys and will focus on frequently encountered issues in practice.

Nancy Zisk: Professor Zisk has accepted an offer from Vermont Law Review to publish her research paper: Just Say No to Sex: How the Dobbs Decision to Protect Potential Life Has Threatened and May Yet End a Woman’s—and a Man’s—Right to Choose. Her article addresses the threat that physicians face when trying to care for pregnant women, the harm that pregnant women have suffered and will continue to suffer as a result of the laws that States have passed, and the threat that the decision poses to other rights, like the right to access and use contraception. Because the Supreme Court premised its decision on the protection of “potential life,” its reach may go well beyond banning abortion, and a review of the law decided in the two-and-a-half years since Dobbs was decided suggests that it does.