State v. Spears supreme court opinion and the “reasonable person” standard

What does it mean to be a reasonable person? During law school, students are inundated with “what would the reasonable person do?” prompts. But who is the reasonable person? Better yet, what life experiences culminate to affect the decisions of a reasonable person? Should race, ethnicity, class, or education play a role in how we […]

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Personal Identifying Information is Exempt from FOIA

The South Carolina Court of Appeals reversed a trial court decision that ordered the City of Columbia to disclose the home addresses, personal telephone numbers, and personal email addresses for applicants who applied for the position of city manager. Plaintiff sent the City a Freedom of Information Act request for all materials relating to the […]

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SC Department of Revenue’s 2019 Legislative Update

This week, the South Carolina Department of Revenue (the “DOR”) released it’s 2019 Legislative Update.  Among summaries of tax related bills that were passed this year, particularly interesting to real estate practitioners, is a note regarding Act No. 13 (“the Act”). The Act provides for a new statewide database for filling all state tax liens.  […]

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Exemptions to Disclosure Under the South Carolina Freedom of Information Act

As explained in this blog post, the South Carolina Freedom of Information Act (“FOIA”) provides a statutory framework through which the public can request public records.  FOIA also contains a number of exemptions, however, that would permit (but not require) a public body to not disclose the requested information.  This “permit but not require” feature […]

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Obtaining Records Under the South Carolina Freedom of Information Act

The South Carolina Freedom of Information Act (“FOIA”), at S.C. Code Ann. § 30-4-10, et seq., provides a means by which members of the public can “peer behind the curtain” to better understand the activities of public bodies.  One of the key features of FOIA is the provision enabling the public to obtain or inspect […]

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