Charleston School of Law Dean Larry Cunningham has been invited to speak at the annual Global Legal Forum (GLF) in The Hague this October.
Fall 2023 Faculty Scholarship Update
The Charleston School of Law faculty is committed to preparing students for success both in the classroom and in the legal profession. Rated Top 10 in the nation by The Princeton Review for “student accessibility” and for “quality of teaching” (2022), our open doors policy provides law students with an environment that fosters a rich learning setting.
In addition, the faculty at Charleston Law are renowned nationwide for their research and scholarship.
Below are highlights of Fall 2023 Faculty Scholarship:
Katie Brown | Associate Dean for Information Resources
- Dean Brown has been selected to serve on the 2023–24 American Association of Law Libraries (AALL) AI and Legal Information Special Committee.
- The Southeastern Association of Law Schools (SEALS) has selected Professor Brown’s proposal — Enhancing Legal Education by Leveraging Rubrics for Comprehensive Outcome-Based Assessment – for a panel at the 2024 SEALS Conference.
William Janssen | Professor of Law
Professor Janssen has accepted two publication offers:
- Inadvertent Dishonesty (accepted for publication, 85 University of Pittsburgh Law Review – Spring 2024): Summarizes the behavioral psychology behind grave ethical lapses by lawyers otherwise known to be paradigms of integrity.
- Twombly and Affirmative Defenses: Where Things Stand (Federal Lawyer – Nov/Dec 2023): Discusses the only federal appeals court decision that assessed whether the “plausibility” pleading standard should govern the pleading of affirmative defenses, then assesses why appellate treatment of this question is so sparse and what federal trial judges are doing in the absence of better guidance, then finally offering advice on how practitioners can manage this uncertainty and why simple-notice is a better choice for pleading defenses.
Janssen also provided the following CLEs:
- C. Mastering Rules of Procedure and Evidence CLE – What’s New in Federal Civil Practice.
- C. Probate Judges’ 2023 Annual Conference CLE – Applying the Rules of Civil Procedure to Formal Proceedings.
Jonathan A. Marcantel | Professor of Law
Professor Marcantel accepted an offer from Campbell Law Review for publication of his article: Article 12 and the Negotiability of Cryptocurrencies. In July 2022, the Uniform Law Commission published its proposed changes to the Uniform Commercial Code. Central to those changes was the creation of Article 12: a new article intended to govern cryptocurrencies, among other things. The changes, if adopted by states, will steer cryptocurrencies towards the type of negotiability common for instruments under Article 3—a result likely to encourage the use of cryptocurrencies as security devices under Article 9 and concomitantly improve their marketability. This article argues that is a positive movement, and states should adopt the Revisions.
Allyson Haynes Stuart | Professor of Law
Professor Haynes Stuart accepted an offer of publication from Vanderbilt Journal of Entertainment and Technology Law for publication of her article: The Privacy Paradox in Discovery. In this article, she proposes a revision of the civil discovery rules that give affirmative protection to information subject to a reasonable expectation of privacy. Given the erosion of constitutional protection in Dobbs and its intimations for other rights, Professor Haynes-Stuart argues that we must prevent the use of broad discovery to harass, embarrass, and deter access to the courts.
Four faculty accepted an offer from Memphis Law Review to publish their joint article: It’s Elementary. Let’s Play Rock, Paper, Scissors: Civil Procedure, Property, Contracts, and Torts During First-Year Law School Orientation. Civil Procedure, Property, Contracts, and Torts are all standard first-year doctrinal law school courses. They provide law students with a solid legal foundation and expose them to American rule-based and precedent-based law. The first year of law school is also often a student’s first introduction to these legal subjects.
First-year law students often fail to realize how the material taught in each of these classes complements what they are learning in the other classes. Students focus on learning the material and professors focus on transmitting the information in a comprehensible manner. First-year orientation can be an opportunity to introduce doctrinal material in a creative way to show the pragmatic interrelatedness of the first-year classes. This introduction does not require a complete retooling of the professor’s teaching style or semester syllabus. It can be accomplished by relying on traditional teaching techniques such as presenting the first-year students with an introduction which highlights how the first-year courses dovetail together. The notion of a preparatory introduction to American law at the beginning of a student’s legal studies is also not novel.
It is time to reintroduce and modernize this practice. By framing an introductory or elementary law discussion in a fun and creative way during orientation, students will be both more willing to proceed on the academic journey and engage early and often with their professors. The game of Rock, Paper, Scissors (RPS) is the perfect framing tool: Rock, Paper and Scissors relates easily to Civil Procedure, Property Law, Contracts Law and Torts Law in a creative and innovative way to explain how these subjects co-exist. Civil Procedure provides the rules of the RPS game. Property law is represented by the “Rock,” Contracts law is represented by the “Paper,” and Torts law is represented by the “Scissors.” Relying upon RPS reimagined as the first-year curriculum, allows professors to present an overarching hypothetical to the incoming law students during orientation.
Additional Faculty Resources
CHARLESTON SCHOOL OF LAW QUICK FACTS
The Charleston School of Law is an ABA-accredited law school nationally recognized for its student-centric culture. Our faculty and staff are committed to preparing you for success both in the classroom and in the legal profession.
- The Princeton Review ranks Charleston School of Law professors sixth in the country for faculty accessibility and No. 12 nationwide in quality of teaching (2022)
- Charleston School of Law faculty ranked among the top of The Princeton Review’s list of Best Professors in the nation (2016-2018)
- Experiential Learning: Charleston School of Law students have access to more than 150 externship sites, creating opportunities for experiential learning in the legal field.
- Community Service: Charleston School of Law students have performed more than 241,000 community service hours (2004-current).
- Students have won the National Tax Moot Court Championship for seven consecutive years (2012-2018)