Podcast: Hannah Honeycutt
Hannah Honeycutt, Executive Director of the South Carolina Access to Justice Commission, discusses the justice gap in SC
Synopsis: Examines how states enforce and reject step-down provisions in automobile liability insurance contracts.
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.
Synopsis: Examines the hierarchical structures of law school faculties.
Synopsis: Presents an overview of the term’s bellwether cases
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.
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.
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.
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.
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.
Synopsis: A practical guide to provide practicing lawyers with a practical, handy, quick reference manual for criminal lawyers in South Carolina.
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.
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.
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.
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.
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.
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.
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.
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.
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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Hannah Honeycutt, Executive Director of the South Carolina Access to Justice Commission, discusses the justice gap in SC
The following was originally published by the South Carolina chapter for the Association of Corporate Counsel.
Cade Gossett, a native of Centre, Alabama, Gossett has a passion for community and serving.