The problematic jurisprudence of uncitable appellate opinions in the internet era

September 18, 2009

Why should appellate courts be able to overrule or alter the decisions of lower courts?  Why should they have the authority to make important and

Does procedural due process mandate testimony at family court temporary hearings in South Carolina?

August 27, 2009

Our Supreme Court is confused and conflicted on testimony at family court temporary hearings.  Rule 21(b), SCRFC (a rule promulgated by the Supreme Court) states, “ [e]vidence

Can the logic justifying property division and alimony in South Carolina be reconciled (or if x=y, why doesn’t -x=-y)?

August 27, 2009

South Carolina is not a community property state (in community property states all marital property is divided equally).  However, in practice, with long-term marriages the

A new day in child support agreements

August 24, 2009

N.B. The holding of Floyd v. Morgan that it took a higher burden of proof to modify support agreement was subsequently overruled in the case of  Lewis v. Lewis,

Misguided child support decision from South Carolina’s Supreme Court

July 7, 2009

N.B. The holding of Floyd v. Morgan that it took a higher burden of proof to modify support agreement was subsequently overruled in the case of  Lewis v. Lewis,

Is the application of civil contempt in South Carolina’s “daddy round-ups” improper?

June 19, 2009

“The problem is, chronic non-supporters do not have dependable jobs, nor tax refunds, nor seizeable property. That’s why they are chronic. . . . As

Supreme Court decision reestablishes deference to family court judges’ credibility findings

June 15, 2009

I have been eagerly awaiting today’s [June 15, 2009] South Carolina Supreme Court decision in McCrosson v. Tanenbaum, 383 S.C. 150, 679 S.E.2d 172 (2009). Not only

Centralized record keeping and the law

May 1, 2009

It is hard to conceive of any political or organizational unit larger than a village that could sustain itself without a centrally recorded repository of

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