SelectedWorks @ Charleston School of Law
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Article 12 and the Negotiability of Cryptocurrencies.
No full textIn 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
It\u27s Elementary. Let\u27s Play Rock, Paper, Scissors: Civil Procedure, Property, Contracts, and Torts During First-Year Law School Orientation
No full textCivil 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. American law schools have a long tradition of teaching introductory courses. 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: the Rock, Paper and Scissors relate 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. Thereafter, professors segue into a discussion of the legal issues that arise in each class and demonstrate to students how the law acts as one cohesive entity made up of many individual and connected components
Recent Scholarship: Navigating Legal Ethics and Law School Curricula: Attempting to find Technology Competency Without a Compass
No full textPattern Jury Instructions for Federal Criminal Cases for the District of South Carolina
No full text2024 online edtion, includes all updates through February 1, 2024
Presentations, Conferences, Seminars, & Forums
No full textJune 2023. Presenter. Insurance Law: UM, UIM, Stacking, & Recent Cases, South Carolina Judicial CLE.Oct. 2022. Presenter. Insurance Law: UM, UIM, Stacking, & Recent Cases, South Carolina Judicial Conference.Feb. 2022. Presenter. Understanding UM and UIM in Insurance Law, CLE.July 2021. Presenter. Trends in Insurance Law, American Association for Justice Annual Conference.Feb. 2020. Presenter. Uninsured and Underinsured Motorist Law-Made Simple: Ethics in UM/UIM Cases, National Business Institute.Oct. 2014. Panelist. Anatomy of a Lawsuit: Why Doctors Get Sued, Charleston County Medical Society and the Charleston County Bar Association joint Medical/Legal CLE.Sept. 2014. Presenter. Evidence 101: The Do\u27s and Don\u27ts of Evidence Law, South Carolina Solicitors\u27 Association Annual Conference.Feb. 2014. Presenter. Auto Injury Litigation from Start to Finish.Feb. 2013. Presenter. How Judicial Selection Impacts the Criminal Justice System, public forum, Florence/Darlington Technical College.Nov. 2012. Presenter. Overcoming Complex Challenges in UM/UIM Law.Aug. 2012. Prepared materials. Legal Issues Facing Physicians; Medical Ethics: Is Yours an Ethical Medical Practice? Aug. 2012. Organizer & Moderator. The State of the Judiciary: From Research to Reality, Forum held at conclusion of League of Women Voters of South Carolina\u27s two-year study of judicial selection process in South Carolina. University of South Carolina School of Law, Columbia, S.C. Feb. 2012. Moderator. Fitness to Practice--What It Means for Attorneys and the Judicial System, Law and Society Series; The Role of Government.Oct. 2011. Presenter. Elements of UM/UIM Coverage and Ethics Presenter, Ethical Traps to Avoid, Advanced Uninsured Motorist/Underinsured Motorist Law Seminar.Dec. 2011. Presenter. Insurance Law--Ethical Considerations.May 2011. Moderator. Judicial Selection in South Carolina, Coastal Carolina University.Feb. 2011 Presenter. Insurance Law from A to Z - Insurance Law Ethics.Feb. 2011. Presenter. Insurance Law from A to Z - Handling Disputes: Common Issues, Tips, and Techniques.Feb. 2011. Presenter. Bad Faith in North Carolina Insurance Contracts, University of North Carolina School of Law Festival of Legal Learning.Jan. 2011. Moderator. How the Patient Protection and Affordable Care Act Affects the Practice of Law, Federal Courts Law Review of the Charleston School of Law Symposium on Healthcare Law in the Federal Courts, Charleston, S.C. Dec. 2010. Panelist/Presenter. Insurance Law Update, Legislative Changes and Appellate Decisions in Insurance Law in South Carolina. CLE.Nov. 2010. Presenter. Bad Faith in South Carolina, 2010 Tort Law Update, CLE, University of South Carolina School of Law, Columbia, S.C. Nov. 2010. Panelist/Presenter. The Impact of the Judicial Process on Citizens; Why Does Judicial Diversity and Independence Matter, Francis Marion University.Oct. 2010. Organizer/Moderator. Ensuring Judicial Independence and Diversity in South Carolina, S.C. League of Women Voters and Charleston School of Law Forum.Oct. 2010. Presenter. Bad Faith Claims in Insurance Contracts and Ethics Presenter, Legal Ethics in Insurance Practice, Advanced Uninsured Motorist/Underinsured Motorist Law Seminar.Feb. 2010. Presenter. Comparative Study of Bad Faith Litigation in Insurance Contracts and Issues in South Carolina and North Carolina, University of North Carolina School of Law Festival of Legal Learning.Oct. 2009. Presenter. Bad Faith Claims in Insurance Contracts and Legal Ethics in Insurance Practice, Advanced Uninsured Motorist/Underinsured Motorist Law Seminar.April 2009. Panelist/Moderator. State Constitutional Reform in the New South.Sept. 2008. Organizer/Moderator. Judicial Selection in South Carolina -- Ensuring Quality, Diversity, and Independence, Forum.April 2006. Organizer/Moderator. South Carolina Judicial Selection Forum
It\u27s Elementary. Let\u27s Play Rock, Paper, Scissors: Civil Procedure, Property, Contracts, and Torts During First-Year Law School Orientation
No full textCivil 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. American law schools have a long tradition of teaching introductory courses. 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: the Rock, Paper and Scissors relate 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. Thereafter, professors segue into a discussion of the legal issues that arise in each class and demonstrate to students how the law acts as one cohesive entity made up of many individual and connected components
Working title: Westlaw legal research and free government websites
No full textWestlaw legal research and free government websites training for newly appointed South Carolina Summary Courts Judges
Navigating Legal Ethics and Law School Curricula: Attempting to Find Technology Competency Without a Compass
No full textComment 8 of Model Rule 1.1 of the Professional Rules of Conduct requires attorneys to be ethically accountable for technology competence. However, the drafting of the language of Rule 1.1 is vague. As a result, attorneys, law firms, and law schools apply Rule 1.1 differently and emphasize topics they deem most important. Per American Bar Association (ABA) Standard 301, law schools must maintain a rigorous program of legal education that prepares their students for effective, ethical, and responsible participation as members of the legal profession. Law schools have summarily responded to Rule 1.1 and Standard 301 by adding and offering courses in the technology space. Arguably, law schools perceive that they are aligning their course curricula with law 0rm expectations and hiring practices by offering courses that respond to law 0rm hiring trends. Unfortunately, job descriptions for attorney positions traditionally reflect only some of the technology skills required or mandated for those positions. Moreover, as new positions become available or lateral positions open, job descriptions are equally vague about what is necessary for a successful candidate beyond already-existing knowledge in that field. This Article proposes that law schools and law firms must share a view of technology competence and its application in legal practice in the absence of a clear-cut standard for technology competence from the ABA and state courts. The authors draw their recommendations from their own empirical studies in legal technology course instruction and law firm job descriptions. The authors look to the Foundations of the Whole Lawyer Model and the Institute for the Advancement of the American Legal System (“IAALS”) Hiring Guide to advocate for a more holistic approach to lawyering that integrates technology and technology competence into all aspects of law practice. The authors recommend that law firms use the Whole Lawyer approach to draft their job descriptions with language that properly addresses the technology competencies necessary for those positions. Only then will law schools be able to properly align their course curricula to meet the current needs of technology competence in modern legal practice
