Law Commons^™

Not Demented Enough: Dementia And Competency To Stand Trial, Rashmi Goel

Nevada Law Journal

No abstract provided.

Olympic Dreams Dashed: Arbitrating Seconds, Grams, Identity, And Time At The Paris Olympic Games 2024, Maureen A. Weston

Nevada Law Journal

No abstract provided.

Justice Kavanaugh’S Tee: What Is The Court Brewing?, Elijah J. Miller

Nevada Law Journal

No abstract provided.

Participatory Defense And Three Pillars Of Criminal Injustice, Isis Misdary

Nevada Law Journal

No abstract provided.

Real Concerns For An Artificial Threat: Artists, Ai, And The Battle To Script Hollywood’S Future, Evan Sommer

Nevada Law Journal

No abstract provided.

Establishment Of The Macedonian Orthodox Church After World War Ii And The Reaction Of The Serbian Orthodox Church (Historical-Canonical Research), Ivan Yovchev

Occasional Papers on Religion in Eastern Europe

The history of the Orthodox Church is abundant with examples of the emergence of Local Churches and their “path to the church diptychs.” Contemporary church history also provides numerous canonical cases of individual Local Churches striving for independence. Such efforts include those of the Orthodox faithful in the Republic of North Macedonia, who seek church recognition and independence in the organization and governance of their ecclesiastical diocese. The period examined in this article is marked by numerous events and dynamic developments that have significantly influenced the relationship between the Macedonian and Serbian Churches. The content of this article is primarily …

Pregnancy & Elite Athletes: Hamby Alleges Discrimination In Suit Against The Wnba And Las Vegas Aces, Erica J. Zonder, Emily J. Houghton

Human Performance Department Publications

In August of 2024, Dearica Hamby sued the WNBA and Las Vegas Aces alleging Pregnancy Discrimination under both Title VII and Nevada state law. While this case might be novel for a WNBA player, issues surrounding pregnancy and elite women's sport are not. High profile cases such as Brady v. Sacred Heart in 2003, Castergine v. New York Mets in 2015, and even Allyson Felix’s contract dispute with Nike starting in 2017 (after Kara Goucher’s previous pregnancy-related contract issues) all have highlighted a need for sensible, and non-punishing, pregnancy-related policies for female athletes. The purpose of this presentation is to …

“A Profusion Of Terms And Tests”: Clarifying New Mexico’S Double Description Analysis, Van E. Snow

New Mexico Law Review

The government cannot punish someone twice for the same offense. But determining whether two crimes are the same offense for double jeopardy purposes can be difficult. New Mexico courts approach this problem in a unique way. In 1991, the New Mexico Supreme Court created a multi-step test for double description cases that largely reflected federal law under Blockburger v. United States. Over time, the supreme court modified and expanded the inquiry. These departures have produced an overly complex analysis that has lost sight of the sole limitation on imposing multiple punishments: legislative intent. This Article proposes three changes that would …

Tribal Eminent Domain: Sovereignty Gaps And Policy Solutions, John Beaty

New Mexico Law Review

This Article addresses the existence and scope of the tribal power of eminent domain. American Indian Tribes are sovereign entities within the United States and can exercise many traditional government powers. However, centuries of actions by the United States’ executive, legislative, and judicial branches have eaten away at the fabric of tribal sovereign powers. Currently, the scope of tribal sovereign authority is unclear with regards to eminent domain, the practice of a sovereign taking private property for public use. Eminent domain is important to many tribal governmental interests, including infrastructure development and fighting the fractionation of land interests. Although eminent …

Buy Now, Pay Dearly Later?: Minimizing Consumer Harm Under New Mexico’S Small Loan Regulations, Laura Creech

New Mexico Law Review

American consumers are carrying record-breaking credit card debt. As prices remain high and wages remain stagnant, short-term borrowing is common practice for many and unavoidable for some. Meanwhile, borrowing has never been easier. Several years ago, few consumers could imagine the widespread availability of “zero-interest, no-credit-impact” lending. Now, consumers can quickly obtain these pay-in-four “Buy Now, Pay Later” (BNPL) loans to purchase just about anything. The BNPL companies offering these loans market themselves as the smart shopping credit alternative for responsible budget management, and Millennial and Generation Z shoppers have rapidly embraced this new lending option. Yet, BNPL companies insufficiently …

Incentivizing Diversion, Christina E. Miller

New Mexico Law Review

No abstract provided.

Landlord Licensure: A Pathway To Improved Rental Housing In New Mexico, Stefanie N. Jock

New Mexico Law Review

Over a thousand different professions throughout the United States are subject to occupational regulations for the purpose of protecting public health, safety, and welfare. Yet, few professions are as crucial to public health, safety and welfare as the business that controls access to rental housing. The availability of rental housing is critical to the people of New Mexico due to the state’s high percentage of low-income households and the shortage of affordable housing units available in recent years. Thus, low-income renters in New Mexico are often left dealing with substandard housing conditions or paying a significant portion of their income …

A New Way For Justice For Families Of Schoolchildren With Disabilities? A Case Note On Luna Perez V. Sturgis Public Schools, Kevin R. Hart

New Mexico Law Review

For years, the majority of courts have ruled that parents of children with disabilities were required to exhaust special education due process procedures before filing civil actions under other disability statutes. Change would come through Luna Perez v. Sturgis Public Schools. In Luna Perez, a deaf student, Miguel Luna Perez, was denied a free and appropriate education for eleven years. After settling the case under the Individuals with Disabilities Education Act (IDEA), Mr. Luna Perez (initially through his mother, but later continuing on his own) filed a claim for compensatory damages under the Americans with Disabilities Act (ADA) and Section …

Yeshivas And The Legacy Of Meyer And Pierce: Is Substantive Due Process Substantial Enough?, Howard Slugh, Jason Bedrick

The Journal of Contemporary Legal Issues

In America’s ongoing discussions regarding religious liberty, situations such as the conflict over New York’s yeshivas demonstrate how grave the stakes can be. Meyer and Pierce advanced the freedom of parents to educate children according to their faith and traditions, but as they relied on substantive due process, they do not offer a firm foundation upon which to build a legal case defending parents who want to enroll their children in yeshivas or similar faith-based schools. Fortunately, recent developments in First Amendment jurisprudence offer a much firmer foundation.

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.