Faculty Publications: 2021-22
Members of the Charleston School of Law faculty were active supporters in the legal research community during the 2021-22 academic year. Our experienced practitioners are dedicated to offering challenging and insightful expertise to the legal community.
The publications listed below are arranged in alphabetical order by faculty name and includes the title, placement, author(s), and synopsis of each publication.
You can meet our faculty here and listen to many of them discuss relevant cases and legal subjects on the Charleston School of Law podcast.
- Step-Down or Step-On? When is Your Coverage Not Really Your Coverage?
- S.C. Lawyer Magazine, January 2022
Synopsis: Examines the case of Walls v. Nationwide a S.C. Supreme Court case that struck down step-down provisions in S.C. automobile policies based on interpretation of S.C. insurance law.
- The South Carolina Rules Annotated (South Carolina Bar, Continuing Legal Education Division)
Synopsis: The annotated South Carolina Rules book is a quick, concise, and user-friendly rules reference for lawyers and judges. Regular updates provide the latest rules and annotations to make this book a one-stop resource for South Carolina practitioners.
This edition includes the latest amendments to Rules 4 and 43(k) of the SC Rules of Civil Procedure, updates to Rules 3(C), 4, 11(D), 36(A), and 71 for the Administrative Law Court, and the amendments to the South Carolina Electronic Filing Policies and Guidelines as stated in order 2022-05-27-01.
- Land Use and Zoning Law 2e
- Carolina Academic Press, 2022
- Dylan Malagrinò and Robin Paul Malloy
Synopsis: A second edition of the first land use and zoning law casebook to comprehensively integrate issues of accessibility under the Americans with Disabilities Act (ADA), Land Use and Zoning Law systematically addresses the complexities of aging in place and of disability in the context of local land regulation. This integrated approach is important because as many as thirty percent of American families have a family member with a mobility impairment, and also because mobility impairments increase with age. Making communities accessible requires attention to design, planning, and zoning. We not only need to remove physical barriers to access, we need to address the coordination of permissible uses, including the location of such uses as group homes, senior housing, drug rehabilitation centers, and medical marijuana dispensaries. These uses often raise conflicts with current property owners. Consequently, discussions of accessibility must go beyond design matters and focus on the coordination of uses within a community.
- Deconstructing Discrimination within Common Interest Communities: Hill v. Community of Damien of Molokai. A Case Study on Combatting AIDS Panic in Your Neighborhood
- Integrating Doctrine and Diversity: Inclusion & Equity in the Law School Classroom
- Carolina Academic Press, 2021
Synopsis: Examines the issue of diversity/inclusion/equity, the fear of AIDS continues to cause people and communities to panic. These communities erect “walls” wherever possible between themselves and those who are undesirable people—often persons with AIDS are stigmatized on multiple levels, for example, by having (or wrongly thought to have) a widely known serious disease, and presumptively (also often wrongly) being in a disenfranchised group already, such as being a racial minority, gay, a drug addict, and/or someone in poverty. In Hill, the Supreme Court of New Mexico considered two primary questions: (1) whether four unrelated residents using property within a common interest community as a group home for persons living with AIDS was a “single family residence” for the purposes of the private covenant in the community’s Declaration of Covenants, Conditions & Restrictions; and, (2) whether the private restrictive covenant, if enforced against the group home residents, would violate § 3604(f)(1) of the Fair Housing Act by discriminating on the basis of handicap. First, the Court concluded that a group home for four unrelated residents complies with the meaning of the “single family residence” covenant on the property. Second, the Court concluded that, even if having four unrelated residents living in a group home violates the private restrictive covenant, such a covenant would be handicap-based discrimination violating the Fair Housing Act as applied to the four unrelated residents living with AIDS because refusing to enforce the covenant against the group home would impose no undue hardship on the other neighbors, and those neighbors could reasonably accommodate the group home.
- Discriminatory Zoning: City of Edmonds v. Oxford House. A Case Study on Dismantling City-Imposed Family Composition Mandates
Integrating Doctrine and Diversity: Inclusion & Equity Beyond the First Year
- Carolina Academic Press, 2022
Synopsis: Introduces zoning laws that try to define “family” and that try to restrict occupancy. In City of Edmonds, the U.S. Supreme Court makes a clear distinction between rules designed to be exclusionary by focusing on the zoned nature of a neighborhood (single-family homes, for example) and rules that limit total occupancy for public health and safety reasons. The point of this article is to describe this distinction, while also appreciating the limits of local zoning efforts by federal laws such as the Fair Housing Act, to prevent zoning from resulting in discrimination derived from city-imposed family composition mandates. As many as thirty percent of American families have a family member with a disability that affects accessibility. Making communities accessible requires attention to design, planning, and zoning. We not only need to remove physical barriers to access, but we also need to address the coordination of permissible uses, including the location of such uses as group homes, senior housing, drug rehabilitation centers, and medical marijuana dispensaries, among others. These uses often raise conflicts with current property owners, who also will be upset with the politicians if they were to sanction these uses in otherwise restricted districts. Consequently, discussions of accessibility must go beyond design matters and focus on the coordination of uses within a community.
- Constitutional Perspectives on Historic Preservation Law: Mediating the Balance Between Private Owners and Their Historic Properties
- Mississippi Law Review (2022)
Synopsis: Organizes historic preservation laws, and the issues presented to private owners of historic properties. This paper offers a clear, authoritative, and useful introduction to the Constitutional perspectives on historic preservation laws, as it relates to Fifth Amendment takings of private property for public use without just compensation, and to provide a survey of historic preservation law affecting private property by: (1) Explaining the Constitutional issues presented by historic preservation efforts and the Constitutional impact on private property of those efforts; (2) Identifying the tools by which local, state, and governmental agencies employ when promoting historic preservation; and, (3) Examining common administrative protocols for historic preservation.
- Federal Civil Rules Handbook (Thomson-Reuters 29th Ed. Nov. 2021) – co-authored with Prof. Baicker-McKee; practice treatise for federal judges and practitioners
- Wright & Miller’s Federal Practice and Procedure – Volume 12B (Thomson-Reuters Dec. 2021)– reprinting of text of Handbook
- A Student’s Guide to the Federal Rules of Civil Procedure (West Academic Press 24th Ed. May 2021) – co-authored with Prof. Baicker-McKee; student study resource for federal civil practice and procedure
- A Student’s Guide to the Federal Rules of Civil Procedure (West Academic Press 25th Ed. May 2022, est.) – co-authored with Prof. Baicker-McKee; student study resource for federal civil practice and procedure
- Mastering Multiple Choice—Federal Civil Procedure (West Academic Press 4th Ed. April 2022) — co-authored with Prof. Baicker-McKee; resource for bar-takers and 1L law students on federal civil procedure
- Attorney-Client Privilege in the United States – co-authored with K. Barnett, R. Gershon, B. Saul, B. Shea, & D. Teslicko – (Thomson-Reuters Dec. 2021) – national treatise on attorney-client privilege
- “In re Zantac (Ranitidine) Products Liability Litigation,” in TOP FOOD & DRUG CASES 2020 (FDLI April 2021) – article discussing significance and implications of major general causation pharma decision
- “Rule 4(d) and Self-Initiated Extensions to Answer,” in THE FEDERAL LAWYER (July/Aug. 2021) – article discussing uninvited uses of federal waiver-of-service rule
- “Black v. DJO Global, Inc.,” in TOP FOOD & DRUG CASES 2021 (FDLI June 2022) – article discussing threshold proof prerequisites for invoking the malfunction doctrine in manufacturing defect cases
- Federal Civil Procedure Logic Maps (West Academic 3rd Ed. July 2022) – comprehensive set of graphical mind-maps designed to show flow of federal civil procedure rules and principles
- Hail to the Chiefs
- Appellate Issues, ABA Winter 2022
Synopsis: The 2021 Summit of the Appellate Judges Education Institute (AJEI) opened with a warm tribute to Lady Justice in all her forms: the work of the suffragettes, a recognition of the growing number of women lawyers and judges, and finally culminated with an award dedicated to the legacy of Justice Sandra Day O’Connor. As the first session of the conference, this panel featured three accomplished jurists: the Honorable Maureen O’Connor, Chief Justice of the Supreme Court of Ohio, the Honorable Priscilla Owen, Chief Judge of the United States Court of Appeals for the Fifth Circuit, and the Honorable Loretta H. Rush, Chief Justice of the Supreme Court of Indiana. The discussion covered the unique challenges and triumphs of the panelists, and was moderated by South Carolina’s Chief Judge of the South Carolina Court of Appeals, Judge James Lockemy.
- Protecting the Superfluous…to Preserve the Necessary”: Whose is the Power? The Case of the Cursing Cheerleader: Mahanoy Area School District v. B.L.
- Barry Law Review (2022)
Synopsis: Explores the free speech rights of students in the public school setting while off-campus in the recently decided Supreme Court of the United States case of Mahanoy Area School District v. B.L. It examines the history of school discipline from the American colonial period to the present, and briefly explores the First Amendment doctrine regarding content regulation. Next, it reviews the line of Supreme Court decisions from Tinker onwards regarding students’ First Amendment rights in the public school setting and then studies decisions from circuit courts. It then considers the various rules proposed by all of the litigants before the Court, including the acting Solicitor General in Mahanoy. It selects the most feasible rule and applies it to the facts of the case.
- When Binding Doesn’t Really Mean Binding: The Early Decision College Application
- Mitchell Hamline Law Review (2022)
Synopsis: Explores when and if a binding contract is formed between colleges and prospective students through an explanation of the various means of student-college contracting. A specific focus is placed on the early decision college application and whether it is qualified as an invitation to offer, offer or acceptance. Furthermore, this article discusses the intent of the parties to any eventual student-college contract and whether a college has ever legally enforced an early decision application acceptance.
- Anecdotes from A Collaborative Classroom: Teaching the Intersection of Litigation and Transactional Law
- University of Detroit Mercy L. Rev. (2021)
Jean Steadman and Jason Paskan
Synopsis: Discusses the benefits of collaborative teaching and how to get a similar project off the ground by going through approval process and class creation. The non-traditional approach of two professors with one podium helps demonstrate that the litigation and transactional tracks are not truly parallel, and they must be kept in mind to best represent client interests.
- Civil Code Fourth Book: Obligations -Title II: Contracts in General , A Comparative Translation
- Wolters Kluwer Italia (2021)
- Steven Sprague and Jean Steadman
Synopsis: Covers the Fourth Book of the Italian Civil Code which governs contract law in general. The authors have addressed each individual article in the Fourth Book and provided a legal translation from Italian to English of the article. Thereafter, the authors have provided a comparative explanation of the legal issue according to the law of England and Wales, the United States, the CISG and the UNIDROIT Principles. This book provides a guide to how contract law principles are addressed in multiple jurisdictions.
- A Right to Privacy for Modern Discovery
- George Mason Law Review (2022)
Synopsis: Analyzes case law reaching back to the adoption of the Federal Rules of Civil Procedure to find a strong precedent for protection of privacy in discovery based on Supreme Court doctrine and public policy represented in federal and state statutes. The article traces this history to current subjects of e-discovery—cell phone data, social media content, wearable devices and so on—whose scope and subject matter implicate broad privacy concerns. Recent Supreme Court doctrine adopting the mosaic theory of privacy has direct application to discovery requests for modern digital chronicles of a person’s life.
- The Road Map to Attaining Diversity in the Workplace: How Race-Conscious Admissions Programs in Education Can Lead the Way
- San Diego Law Review (2022)
Synopsis: Considers the tension that exists between the goal of achieving diversity in United States’ classrooms and workplaces in light of the limitations placed on the consideration of a person’s race, color, gender, or ethnicity and the differences in the law that controls employment and education. It examines the current standard for the permissible consideration of race in university admissions programs, which stands in stark contrast to the impermissible consideration of race in employment decisions and proposes that the law governing employment may have to change to allow employers to achieve diversity by acknowledging that race is a factor, but only one factor of many, in an employment decision, as it has been upheld in university admission decisions.
- Why a Consideration of Race Is Important to Medical School Admissions
- Journal of Law, Medicine, and Ethics (2021)
Synopsis: Examines the role that physicians of color play in the delivery of health care and the importance of diversity in the medical profession to remove the health disparities between people of color and people who classify themselves as white.
- Responsibility for Structural Racism in Medicine: Reflections and Recommendations from One Institution, Narrative Inquiry in Bioethics: A Journal of Qualitative Research Vol. 11.2 (2021)
- Johns Hopkins University Press
- Nancy Zisk, co-author
Synopsis: Drawing upon recent ethical arguments by Zheng and Young, the article examines the social connection model of responsibility to structural racism in medicine.
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