Archive for the ‘Student Papers’ Category

Student Paper on Vane v. Lord Barnard

October 2, 2012

This student paper, titled Vane v Lord Barnard Equitable Waste and Mandatory Injunctions, was written for my Spring 2012 Equity class by Benjamin Joyce, Sarah Lohman, and Jenna Peyser.


Famous South Carolina Matrix Case

September 20, 2011

This case has been the subject of a great deal of discussion throughout the State. It deals with a mortgage foreclosure and the doctrine of equitable subrogation. In addition, a majority of the South Carolina Supreme Court held that it involved the unauthorized practice of law in the State of South Carolina. I am delighted to be posting now a future law review note, written by a third year Charleston School of Law student, Josh Crowfoot,  who has written a very interesting piece on the Matrix decision. Of course, his views are just that, his own views and this piece will officially be published in the Student Edition Section of the Charleston School of Law Review in the near future. I thank Josh for writing it, I thank the Charleston School of Law for its permission to publish here (in its unofficial version) and I certainly invite readers to comment on this subject — pro and con. It is a highly contested topic — as the Court itself was quite divided on this issue.

Stephen Spitz

PS: A copy of Josh’s background is also attached as a link.

Equity: The Landlord-Tenant Watchdog

August 19, 2010

What role does equity play in the landlord and tenant arena? What role, to ask a second question, should equity play in this important area of property law? This paper explores both of these questions and provides the interested reader with a full discussion of these two important legal / equitable questions. I commend the students who wrote this paper – it is full of valuable insights. Thanks.  As always, I invite comments. By the way, the bios of  these excellent students are also worthy of your reading.

The Extraordinary Power of TROs: A Note on In Re Federal National Mortgage Association (“Fannie Mae”)

June 18, 2010

This next paper is truly an interesting one. Just recently, the South Carolina Supreme Court was confronted with a grave problem which directly impacted – quite literally – hundreds of possible mortgage foreclosure cases.

Although I am highly biased (after all, I am a lawyer and a law school professor), on the whole, the South Carolina Court System is up to almost any challenge, no matter how difficult it may first appear to be. At all events, confronted with a grave set of problems, potentially impacting countless mortgage foreclosures, the Chief Justice entered a remarkable Order (modified in part several weeks later) to address this then pending crisis. This paper, written by two very good law students whose bios are linked to here, discusses some of the unusual events and the unusual actions taken by the Court in this moment of crisis. It not only makes for highly interesting reading – it is instructive at several different levels. I pass it on now – and, of course, like all the other papers that are already on the blog and more to come, I invite comment.

Please remember, all these papers were written by third year law students. I thank them for their invaluable contribution and look forward to someday having a lot of free legal research available for interested members of the judiciary, interested members of the bar, and just those plain interested in the topics of equity, equitable remedies, and equitable jurisprudence.

PS: Most of these papers deal directly with South Carolina law.

About Equity is Swell

May 21, 2010

I taught a course last fall in Equity and Equitable Remedies. While I had a large number of very fine papers in that class, I thought that four papers in particular were really outstanding, and may well be helpful to lawyers and Judges in the future.

I asked the students to grant their consent to put the papers on Equity is Swell and I also asked them to send me an electronic version of their paper and a brief biographic paragraph or two about each of the students that worked on the papers.

I don’t know for sure, but I do anticipate that all four student “law firms” will eventually be sending me their papers and when I receive the written consents, their electronic paper, and the brief bios, I will be posting them on the Equity is Swell Site. Down the road, I also plan to post other matters on this Site, including some of my PowerPoint presentations in this class and some other matters as well. 

Of course, I invite comments, suggestions, etc. Please remember – the students are doing this for free and as part of an academic course. Of course, I am happy to have any comments, positive or otherwise, directed at me. But, as for the students themselves, please be just a little careful and thoughtful about your comments.  Naturally,  they did the best they could, and moreover, they are not, obviously, seasoned lawyers yet.   Perhaps in some papers you may detect some minor matters that a much more experienced lawyer or judge might have said a little differently. So what? If you are a lawyer, or a judge, or a law school professor, or merely an interested reader, we were all once just students. 

I genuinely thank the Charleston School of Law students who have been kind enough to give me their consent to post part of their academic work in this class.  I anticipate more papers being filed here each time I teach my Equity and Equitable Remedies Class.  To the readers of this Site, I hope you enjoy reading some of the student work found here. I will be formally introducing the Equity is Swell Site at the upcoming Fall Bench/Bar CLE for Masters In Equity in Columbia next fall.

Again, I certainly do invite comments, suggestions and opinions from lawyers and judges from around the State and others who may be interested in the topics posted here. 

The second paper was written by Jeri Grantham and Beth Santilli, both third year Charleston School of Law students.  A link to their brief bios is attached. Their very interesting topic is South Carolina Partition Statute 15-16-25: Equity and Heirs’ Property.

Equity is Swell is launched!

May 19, 2010

This is an exciting event. On May 19, 2010, I have the great personal and professional pleasure of launching this site, Equity is Swell. There are several purposes of this site.

First, and foremost, every time I teach a course in Equity and Equitable Remedies at the Charleston School of Law, I am going to select several student papers and post them right here. The topics will be varied – but in one way or another – they will deal with Equity, Equitable Remedies, and other related topics. I hope, over time, that you will find an impressive number of Student Papers that may be of potential assistance to the Bench and Bar of South Carolina (and perhaps others). I have a link to a brief bio, written by the students themselves, who wrote these papers.

Second, in the future, I hope to start to post my own power point slides and course notes for my course – Equity and Equitable Remedies.

Third, I certainly invite comments, suggestions, questions, criticisms, etc.,

By the way, merely for the record, I claim to be Stephen A Spitz, a Professor at the Charleston School of Law (I guess I will stick to this story for at least a week or two). I regularly teach Property Law, Real Estate Transactions, Equity and Equitable Remedies, and (sometimes) Environmental Law.

I also purport to claim that I am an “Admiral” in the Great Navy of Nebraska (A remarkable claim for a totally landlocked state, but nonetheless – long ago and far away on April 27, 1978, the then Governor of the Great State of Nebraska really did sign a certificate naming me an Admiral). (My only other real claim to fame, by the way, is that I once held a certificate from Beaufort County, South Carolina allowing me to practice as a fortune teller. Fortunately, for the whole world, that license has long ago expired).

I certainly do want to thank the swell Darla Walls and the very nice Deborah McGovern – both of whom have been absolutely wonderful in assisting me in pulling this whole blog thing together. And, I absolutely want to thank my own wonderful wife, Wendy, who always encourages me to give new fun things a try.

Here is the first of the student papers titled Excusable Delay Defending Laches.