Prof. Marcia Zug receives Fulbright Scholarship for work in Australia

Prof. Marcia Zug has worked at the University of South Carolina School of Law since 2007.

On a bulletin board next to Professor Marcia Zug’s desk hangs a necklace made of turkey spurs and beads. The chief of the Beaver Creek Indians, a local tribe, gave it to her as a thank you for the work she did to help an American Indian father retain custody of his daughter. She calls it her most prized possession, a constant reminder that her efforts as an Indian law scholar are not just about the research she conducts or the articles she writes, but the people she helps.

That desire to help others is what drove Zug to apply for—and receive—a Fulbright Scholarship, the United States’ flagship academic exchange effort. Her project, Comparative Perspectives on the Protection of Indigenous Children: What America and Australia Can Learn from Each Other, is one of the first to compare America’s Indian Child Welfare Act (ICWA) to Australia’s Aboriginal Child Placement Principle (ACPP). She will complete her research during four months abroad at the University of Canberra in Australia.

“Australia and the US have a very similar history regarding the treatment of indigenous families,” says Zug. “As a professor of federal Indian law and family law I was aware of this history, but unfamiliar with the ways the Australian legal system has addressed it. By moving to Australia, I’ll be able to conduct this comparative research.”

Over the years, the University of South Carolina School of Law professor’s work has focused on ways to increase and solidify the protections afforded Indian families. At the School of Law, she teaches Family Law, Advanced Family Law, and American Indian law, as well as an Immigration Skills Workshop. Much of her research has been on the ways U.S. law and policy affect Native American families, how existing legal protections could be made stronger and how new protections could be implemented. Now with a closer look at Australia’s process, Zug hopes to contrast the two.

“Both countries’ procedures have their flaws, but it is not clear that they are the same flaws,” says Zug.

Her research will focus on three aspects of both the ICWA and ACPP and their legal frame work. First, she will study the different responses to the classification of indigenous children as eligible for legal protections. She will also examine the different ways Americans and Australian advocates respond to the claim that ICWA and the ACPP sacrifice the best interests of native children. Lastly, she will note the effectiveness in government apologies; comparing Australia’s public remorse in the historic treatment of Aboriginals versus the lack of recognition America gives to its lengthy mistreatment of natives.

Zug has already connected with experts on access to justice, family law, domestic women, and indigenous law in Australia, and says working with them will be key in finding the same depth of knowledge of the issues surrounding Aboriginals, as she has already obtained about Native Americans.

“I am really looking forward to working with the law faculty at the University of Canberra. The scholars there are doing amazing work on indigenous rights and it’ll be really interesting to work alongside them. I plan to have a draft completed by the time I leave Australia and an article submitted for publication by the end of the 2018,” says Zug.

She is also looking forward to forming close relationships with other researchers in her field, as well as universities around Australia. Zug regularly give lectures on her current work to both faculty and students in the United States, and hopes to give similar talks at the University of Canberra. She has also already been in contact with members of the Indigenous Law Center at the University of New South Wales and with faculty members at the University of Sydney, hoping to expand her reach. She credits South Carolina Law for much of her ability to become an expert herself in this field, supporting her ambitions when it comes to diversity in law research.

“The University of South Carolina School of Law is strongly committed to diversity in both its faculty and its scholarship. Receiving a Fulbright award to study indigenous families has further demonstrated this commitment to both diversity and the protection of minority rights.”

The Fulbright Award means a six-month adventure for her family, moving across the world in pursuit of new discoveries. Zug says she hopes that this comparative research will provide her with new ideas for addressing some of the problems that continue to face native families in the United States, and expects this comparative research will influence much of her future Indian law scholarship, as well as the classes she teaches at the School of Law.

Prof. Ann Eisenberg co-authors article for S.C. Law Review with Cornell faculty

In 2017 Prof. Ann Eisenberg co-authored “If It Walks Like Systematic Exclusion and Quacks Like Systematic Exclusion: Follow-Up on Removal of Women and African-Americans in Jury Selection in South Carolina Capital Cases, 1997-2014.” This Article was written with Cornell University faculty members Amelia Courtney Hritz, Caisa Elizabeth Royer and Jonn H. Blume and published in the South Carolina Law Review. This Article builds on an earlier study analyzing bases and rates of removal of women and African-American jurors in a set of South Carolina capital cases decided between 1997 and 2012. The authors examine and assess additional data from new perspectives in order to establish a more robust, statistically strengthened response to the original research question: whether, and if so, why, prospective women and African-American jurors were disproportionately removed in different stages of jury selection in a set of South Carolina capital cases.

Prof. Ann Eisenberg publishes article in Environmental Law Vol. 47

In 2017 Prof. Ann Eisenberg published the article Alienation and Reconciliation in Social-Ecological Systems in the Environmental Law, Vol. 47, No. 1. This Article examines one case study, the Malheur Comprehensive Conservation Plan planning process, as an illustration of adaptive governance successfully reconciling ranchers, environmentalists, tribes, and several agencies — mitigating anti-federal/anti-environmental alienation and the work/environment rift, to the benefit of federal SES climate adaptation mechanisms (and showing that Malheur was an ironic choice for Bundy’s protest). By contrast, a second case study, the administrative rulemaking process that created the EPA’s Clean Power Plan illustrates how process can fuel alienation and undermine the substance of federal climate policy. Adaptive governance receives more consideration for public lands and adaptation issues than for climate mitigation, but there is potential in the EPA/mitigation context to apply some of the adaptive governance/reconciliation principles illustrated at Malheur.

 

Prof. Ann Eisenberg presents around the nation

In the past year, Prof. Ann Eisenberg has made the following presentations:

  • “Just Transitions and the Law,” 2017 Rural Sociological Society Annual Meeting, Columbus,
    Ohio, July 30, 2017.
  • Panelist, “Alienation and Reconciliation in Social-Ecological Systems,” Third Annual
    Sustainability Conference of American Legal Educators, Arizona State University Sandra
    Day O’Connor College of Law, May 12, 2017.
  • “Just Transitions and the Law,” Works-in-Progress Presentation, 2017 AALS Clinical
    Conference, Denver, Colorado, May 9, 2017.
  • Facilitator, “Backyard Lawyering, Agitating and Educating in (New) Local Spaces,” Clinic
    Community Town Hall, 2017 AALS Clinical Conference, Denver, Colorado, May 8, 2017.
  • “Alienation and Reconciliation in Socioecological Systems,” Sixth Annual Southern Clinical
    Conference, Charlotte College of Law, Oct. 13-15, 2016.
  • “Multijurisdictional Climate Adaptation Partnerships in U.S. Towns,” Fifth Annual State &
    Local Government Works-in-Progress Conference, University of Houston, Oct. 7-8, 2016.

Professors prepare to present at 2017 SEALS conference

Many professors will present at the 2017 Southeastern Association of Law Schools. This year’s event is July 31- Aug. 6 in Boca Raton, Florida. The following professor will present at the conference:

  • Prof. Jacqueline Fox, Updates on Public Health Law and Emergency Preparedness; Recent Developments in Health Law and Public Health Ethics
  • Prof. Seth Stoughton, The Crisis in Policing: Problems and Solutions
  • Prof. Emily Suski, Current Issues in Family and Juvenile Law II; Building on Best Practices for Outcomes and Assessment.
  • Prof. Thomas Crocker, Professor Perspectives on Publishing Books; The Law of National Security and Foreign Affairs in the Trump Administration
  • Assoc. Dean Susan Kuo, Teaching Fundamentals II–Classroom Teaching
  • Prof. Marie Boyd, Exploring the Future of Food
  • Prof. Derek Black, Student Discipline, School Surveillance, and Racial Disparities: A Call for Legal Reform
  • Prof. Elizabeth Chambliss, Reflections on the 2016 ABA Report on the Future of Legal Services in the United States
  • Prof. Robert Felix, Buyouts and Retirements: What to Consider?

Prof. Seiner co-authors article in Fordham Law Review

Prof. Seiner co-authors an article, with University of North Carolina School of Law professor Jeffrey Hirsch in Fordham Law Review. The article “A Modern Union for the Modern Economy” navigates the Uber Guild and other nontraditional efforts that promise a collective voice for workers in the face of a precipitous decline in union membership. Closely examining the implications of these existing quasi-union relationships, the Article explores how workers in the technology sector face unique challenges under workplace laws. It argues that a modern union is needed for the modern economy. 

Prof. Ann Eisenberg publishes article in Public Land & Natural Resources Law Review

Prof. Ann Eisenberg publishes article “Do Sagebrush Rebels Have a Colorable Claim? The Space between Parochialism and Exclusion in Federal Lands Management” in the Public Land & Natural Resources Law Review, Vol. 38, 2017. This Article asks whether the troubling nature of the Sagebrush Rebellion and similar movements (e.g., their violence, anti-environmentalism, and racist overtones) has made us overly dismissive of a kernel of truth in their complaints.

Adjunct Prof. Rick Handel works to complete 8-part series in State Tax Notes

Adjunct Prof. Rick Handel has completed six of the eight articles in a series for State Tax Notes, on tax system reform. The following articles have been published:

  • “Tax System Reform-Part 1,” State Tax Notes, Oct. 28, 2015.
  • “Working Together-The Good, The Bad, and The Ugly,” State Tax Notes, Feb. 2, 2016.
  • “Administrative and Procedural Best Practices,” State Tax Notes, May 2 2016.
  • “Reforming the Tax Legislative Process,” State Tax Notes, Oct. 12, 2016.
  • “Local Tax System Reform,” State Tax Notes, Jan. 31 2017.
  • “Tax System Reform with Respect to Specific Taxes,” State Tax Notes, May 15, 2017.

The seventh installment will be on taxpayer rights, and the eighth will be on state tax ethics for taxpayer representatives and tax agency employees. They are expected to be published in late 2017 or early 2018.