Digital Commons Network^™

Should Tort Law Care About Police Officers?, Ellen M. Bublick, Jane R. Bambauer

UF Law Faculty Publications

Should police officers be able to file tort lawsuits for injuries that they suffer while on duty? In this article, written in response to Professor Sarah L. Swan's The Plaintiff Police, Professors Ellen M. Bublick and Jane R. Bambauer contend that racial equality is not served by complete immunities for civilian misconduct any more than “law and order” is served by complete immunities for police officers who abuse their power. Rather, they argue that the common law has expanded, and should continue to expand, the civil legal rights of wrongfully injured people, including people wrongfully injured while employed as police …

Words Of Wisdom By The Honorable William E. Smith Lecture/Cle Program And Reception February 19, 2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Front Matter, New Mexico Law Review

New Mexico Law Review

No abstract provided.

Actualizing Indigenous Data Sovereignty Through Tribal Self-Governance, Bailey Ulbricht

New Mexico Law Review

Data, as described by a Yurok Tribe council member, is “the original theft”—the first thing stolen from Native peoples in the United States. Indigenous data sovereignty seeks to redress this and prevent future data infractions by placing Indigenous communities in charge of decision-making about their own data. Yet with no established body of federal case law on tribal data authority, it is not immediately clear how Indigenous data sovereignty would fit within the complex and contradictory web of federal caselaw that confines tribes’ inherent sovereignty. This Article seeks to address this gap. First, as a policy matter, it argues that …

Exploring Managed Retreat Pathways To Community-Led Resilience 1-31-2025, Roger Williams University School Of Law, Marine Affairs Institute

School of Law Conferences, Lectures & Events

No abstract provided.

Educational Choice: The Legacy Of Meyer V. Nebraska And Pierce V. Society Of Sisters: Introduction, Maimon Schwarzschild

The Journal of Contemporary Legal Issues

One hundred years ago, in 1925, in a lawsuit brought by parochial and private schools, the U.S. Supreme Court unanimously struck down an Oregon state law requiring children to attend only public schools. Two years earlier, in 1923, the Court struck down a state law prohibiting the teaching of foreign languages to young children. Midway between the hundredth anniversaries of these two decisions—in March 2024—the Classical Liberal Institute at New York University School of Law sponsored a symposium in conjunction with this Journal on “Educational Choice: The Legacy of Meyer v. Nebraska and Pierce v. Society of Sisters”.

This …

A Natural Law Approach To Parental Rights, Richard A. Epstein

The Journal of Contemporary Legal Issues

The modern interest in the twin cases of Meyer v. Nebraska, and Pierce v. Society of Sisters has sparked a renewed curiosity in the intellectual foundations and current applicability of those two cases. In this instance, I stress less the constitutional underpinnings of the cases in order to focus more on their natural law approach to the parent-child relationship. Based on Lockean principles, I conclude that the standard rules of abuse and neglect offer the sole justification for such intervention, where the state is put to a high standard of proof for intervention. This framework has had only an …

The Supreme Court’S Mysterious 1920s Due Process Education Trilogy, David E. Bernstein

The Journal of Contemporary Legal Issues

The Education Trilogy cases were important milestones in American constitutional history. They protected private schools, religious and otherwise, from the threat of closure in many states. This preserved educational freedom for parents who preferred private education for their children. As a constitutional matter, the Trilogy became the foundation of a due process jurisprudence that moved beyond liberty of contract, property rights, and police power considerations to a broader protection of fundamental rights.

This Article has described external forces that may have motivated this shift—revulsion at the Ku Klux Klan, backlash against Progressive statism, and the Justices’ need to cultivate allies …

Meyer, Pierce, And The Formation Of Persons, Steven D. Smith

The Journal of Contemporary Legal Issues

This essay, written for a conference marking the centennial of the Supreme Court’s decisions in Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925), suggests that both the ongoing importance and the frustrating elusiveness of these decisions reflect the fact that questions of the formation of persons– as contrasted with matters of the expression or manifestation of personhood– are of crucial importance in the protection of liberty and yet are difficult to grasp and address within constitutional and liberal premises. In this predicament, the decisions dealt with the problem of formation of personhood by embracing what may be …

Parental Rights, Parental Choice, And State Public Education Mandates, Nicole Stelle Garnett

The Journal of Contemporary Legal Issues

Pierce v. Society of Sisters and Meyer v. Nebraska were cases about parental rights in general, and parental choice in particular. Both centered on a challenge to a state’s legal effort to reduce or eliminate the educational choices available to parents—in the former, by requiring students to attend public schools, in the latter, by requiring instruction in all schools, public and private, be conducted in English. Pierce and Meyer also were about state efforts to forge a homogeneous American citizenry by limiting the educational choices available to parents. As Justice McReynolds observed in Meyer, “The desire of the Legislature …

The Mixed Blessing/‌Curse Of The Meyer-Pierce Legacy, Elizabeth Bartholet

The Journal of Contemporary Legal Issues

The Supreme Court decisions in Meyer v. Nebraska and Pierce v. Society of Sisters left us a mixed legacy, one part blessing and one part curse. Many would agree on this but differ on which part is blessing and which part curse.

In my view the blessing is the doctrine of substantive due process protecting personal liberty. The Court did not use this language in these cases, but it did rule that the states’ attempts to interfere with parent rights in those cases violated the 14th Amendment to the U.S. Constitution, and the Court made it clear that in future …

Mired In Meyer’S Mischief A Century After Fabrication Of Constitutional Parents’ Rights, James G. Dwyer

The Journal of Contemporary Legal Issues

The seminal Supreme Court decisions Meyer v. Nebraska and Pierce v. Society of Sisters, now commemorated on their centenary anniversary, are odd doctrinal ducks. They are both still routinely cited as the foundation for ascribing to persons on whom the state has conferred legal parent status a right under the Fourteenth Amendment Due Process Clause of the United States Constitution. (According to Westlaw, judicial citation count for Meyer now nears 3000, and secondary-source citations have surpassed 7000.) It is a constitutional right to force states to confer on them greater legal power than the state is otherwise inclined to …

The Centennial Of Meyer And Pierce: Parents’ Rights, Gender-Affirming Care, And Issues In Education, Ira C. Lupu

The Journal of Contemporary Legal Issues

This paper was prepared for a Symposium, held in March 2024, marking the centennial of the Supreme Court’s decisions in Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925). At their inception, Meyer and Pierce reflected constitutional principles of economic freedom and parental control of their children’s education. Part I traces the path of ideas put in motion by Meyer and Pierce. These include the decline of their economic freedom component and the broader grounding of their doctrines of parental authority. Eventually, the chameleon-like legacy of Meyer and Pierce stretched to include First Amendment concerns of religious …

The Conservative Response To Transformative Disruption: Voice Or Exit 100 Years After Meyer And Pierce?, Neal Mccluskey

The Journal of Contemporary Legal Issues

In 1923 and 1925, respectively, the U.S. Supreme Court rulings in Meyer v. Nebraska and Pierce v. Society of Sisters established limits on the ability of government to constrain what children’s education contains and where it occurs. The Court recognized the “right” of parents to exercise basic control over those things. One hundred years later, we are seeing a renewed emphasis on “parental rights,” both with booming growth of “school choice” programs that allow government-connected funding to follow children to educational options their parents select and efforts to constrain what public schools do. The position of conservatives on such parental …

Meyer, Pierce, And Everything After, Michael Bindas

The Journal of Contemporary Legal Issues

For a century, the U.S. Supreme Court has provided substantive protection, through the Due Process Clause of the Fourteenth Amendment, to a parent’s liberty interest in directing the education and upbringing of her children. The seminal cases for this protection—Meyer v. Nebraska and Pierce v. Society of Sisters—are widely considered part of the Court’s canon, and the Court has long referred to the liberty interest, or right, that they recognized as “fundamental.” But despite the long pedigree and significance of this right—and despite the Court’s common application of strict scrutiny to laws that restrict or draw classifications impacting …

How Regulators Can Use Ai, John J. Nay, Troy A. Paredes

Vanderbilt Law Review En Banc

No abstract provided.

Artificial Intelligence And Ethical Considerations For The New Legal Learner: An Annotated Bibliography, Sarah Starnes

Akron Law Review

This annotated bibliography focuses on providing relevant and helpful resources to those who may be new to using artificial intelligence and want to understand the legal and ethical implications. For attorneys to adhere to the Model Rules of Professional Conduct and ethically practice law in conjunction with artificial intelligence, it is vital to learn as much as possible. The articles, cases, advisory opinions, and court rules within this annotated bibliography provide insight into the current state of practicing law with AI.

Ai Co-Counsel: An Attorney's Guide To Using Artificial Intelligence In The Practice Of Law Symposium, Brandon Mchugh, David Myers, Ashvi Patel

Akron Law Review

This panel discussion as part of Akron Law Review’s Symposium, discusses how artificial intelligence is changing how to practice law. Panelists will focus on their own practice and how lawyers can integrate artificial intelligence into legal practice. Panelists include Brandon McHugh, an associate attorney with the Akron law firm Plakas Manos; Ashvi Patel, an associate attorney with the global law firm Jones Day; and David Myers, a partner with the northeast Ohio business law firm Buckingham, Doolittle, and Burroughs. The panel was moderated by part-time law review assistant editor and full-time professor in the Department of Criminal Justice Studies at …

Reactive Hypotheticals In Legal Education: Leveraging Ai To Create Interactive Fact Patterns, Sean Steward

Akron Law Review

Good legal hypotheticals require carefully constructed scenarios designed to mimic the challenges and dilemmas that students will face in their future legal careers. Hypotheticals help students take abstract concepts such as negligence or res ipsa loquitor and ground them in the reality that these rules were meant to control. Yet, despite our best efforts, creating hypotheticals with a rich tapestry of facts, personalities, and complexities that characterize real-world legal practice remains challenging and time-consuming. Artificial Intelligence (AI) can solve this problem. By leveraging emerging AI technology, legal educators can create richer, more realistic hypotheticals that react to students and keep …

Let's Chat About Chatgpt: A Practical Guide To Risks In Attorney Use Of Generative Ai, Hon. John G. Browning

Akron Law Review

The rapid rise of generative AI tools like ChatGPT in the legal profession has sparked significant ethical and regulatory challenges after a federal judge sanctioned attorneys for citing non-existent cases generated by AI. This incident led to widespread judicial mandates requiring disclosure of AI use and prompted bar associations and ethics committees to address AI’s implications for legal practice. Despite AI’s potential to automate up to 44% of legal tasks, concerns about accuracy and ethical obligations persist. This article argues that the issue lies not with the technology itself but with lawyers neglecting duties of competence and supervision. As generative …

French Connection: Expanding Legal Protections For Fashion Design In The United States, Mairead Rose Tuttle

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Monopoly In The Stars: Analyzing The International Laws Hindering Property Rights In The Cosmic Frontier From Passing Go, Terrance Parham

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Human Trafficking In The Digital Era: Freedom Of Speech Versus Freedom From Exploitation, Hannah Katz

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Is There A Duty To Use Lethal Autonomous Weapons? How Ai Will Change Warfare And The International Order, Bryan Hance

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Debunking Sovereignty In Cyberspace, Benjamin W. Haight

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Evolving Nature Of Economic Integration, Panagiotis Delimatsis

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

A Comparative Analysis Of Esg Reporting In Nigeria And Other African Countries, Victoria Agbakwuru

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Foreword

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Table Of Contents

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Dedication

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.