Law Commons^™

Before Meyer And Pierce, Joshua Gupta-Kagan

Faculty Scholarship

In the standard story taught in typical Parents, Children, and the State or Children & the Law courses, analysis of parental rights has a clear beginning. In 1923, at the height of the Lochner era, in Meyer v. Nebraska, a case of first impression, the U.S. Supreme Court declared that “[w]ithout doubt” the Due Process Clause protected the right “to marry [and] establish a home and bring up children.” Two years later, in Pierce v. Society of Sisters, the Court recognized “the liberty of parents and guardians to direct the upbringing and education of children under their control.” …

Mda At Your Service: A Deaf Person Wants To Become My Patient, Rachel Sinacola Dds, Ms

The Journal of the Michigan Dental Association

The column clarifies that under the Americans with Disabilities Act (ADA), dental offices must provide auxiliary aids or services for patients with hearing impairments, which may require a professional interpreter paid for by the dentist in complex visits. Members are encouraged to notify the MDA about practice/life changes (e.g., address changes or caseload shifts) to ensure proper benefits and dues discounts. New associates are strongly urged to utilize the MDA resource for contract review, which offers a 10% discount with Kerr Russell Attorneys. Additionally, the MDA Store provides free Labor Poster Packets, fulfilling state and federal employer requirements.

The Case For Credentialing Dental Assistants, Michelle Godofsky

The Journal of the Michigan Dental Association

Credentialing dental assistants is presented as a method to enhance productivity and address workforce shortages; currently, only about 15% of Michigan dental assistants are Registered Dental Assistants (RDAs). A case study at Thunder Bay Community Health Service, an FQHC in Northern Michigan, illustrates success, where RDAs perform expanded functions—like placing restorations and monitoring nitrous oxide—boosting clinic productivity by 16%. The clinic supports its dental assistants by covering education and exam expenses and providing study time during work hours. This investment improves job satisfaction, confidence, morale, and patient communication among staff, strengthening employee retention.

Masthead

UC Law Constitutional Quarterly

No abstract provided.

June 30, 2023: Resurrections And Bad Omens Of A Nadir Court, Zamir Ben-Dan

UC Law Constitutional Quarterly

June 29, 2023 was monumental for racial justice advocates and scholars; the U.S. Supreme Court issued a major decision that eviscerated affirmative action while declaring itself a vanguard of racial equality. The Court’s race-related juridical activities on the following day, June 30th, received far less attention. On June 30, 2023, the Court denied certiorari in five cases directly implicating race. Those denials of certiorari generated five opinions, two concurring in the denial and three dissenting from denial. These five opinions should have created as much buzz as the Court’s affirmative action decision the day prior; examined together, they tell a …

The Role Of Procedural Due Process In Equal Protection And Affirmative Action Analysis: The Narrowly Tailored Prong, Simona Grossi

UC Law Constitutional Quarterly

The Supreme Court’s decision in Students for Fair Admissions v. Harvard College marked the end of affirmative action as traditionally practiced in higher education admissions, forcing universities to seek alternative legal pathways for fostering diversity. At the same time, the Trump administration’s executive orders targeting DEI initiatives have exacerbated the legal uncertainty, raising critical questions about how institutions can preserve fairness in admissions while withstanding both judicial and political scrutiny.

This article argues that Procedural Due Process—when read in conjunction with Equal Protection—provides a constitutionally sound and structurally fair framework for admissions policies that align with strict scrutiny while preserving …

Climate Change In The Courts: A 2025 Retrospective, Maria Antonia Tigre, Margaret Barry

Sabin Center for Climate Change Law

Drawing from cases collected in the Sabin Center’s Climate Litigation Database, this report offers insights into global climate litigation developments during 2025. This third installment in our year-end series provides a snapshot of how the field of climate litigation evolved over the course of the year. The report revisits significant rulings from around the world and connects them to eight illustrative themes: (1) climate change in international courts and tribunals; (2) environmental assessment and permitting; (3) non-compliance with climate commitments; (4) constitutional and human rights; (5) greenwashing and climate-washing; (6) corporate accountability cases; (7) standing; and (8) deregulatory suits.

Federal Courts, Class Actions, And The Jurisdictional Void, Courtney T. Welch

Fordham Law Review

To invoke the jurisdiction of a federal court, a plaintiff must satisfy the requirements of Article III. Among other things, Article III requires a plaintiff to have and maintain personal stake throughout the lifespan of the litigation. Though a simple premise, this constitutional requirement has a complicated history. This is especially true as applied to class action lawsuits, where plaintiffs bring claims both on behalf of themselves and other harmed individuals.

The U.S. Supreme Court has applied flexible rules to some—but not all—of Article III’s requirements in class actions. The breadth of this flexibility, though, is uncertain. Accordingly, so too …

Enabling Injustice: Slapps, Democratic Values, And The Price Of Truth, Costantino Grasso

Buffalo Law Review

Conventional analysis of Strategic Lawsuits Against Public Participation (SLAPPs) often focuses on the promise of recent procedural reforms, including recent U.S. state-level reforms, the 2024 E.U. Anti-SLAPP Directive, the U.K. government’s 2025 SLAPP Bill, and related measures in the Economic Crime and Corporate Transparency Act. This Article argues that these legislative responses, introduced amid growing international concern, still leave structural vulnerabilities, have limited focus, and do not address the deep-seated inadequacies of substantive law that allow powerful actors to chill public-interest speech through abusive lawfare.

Adopting an interdisciplinary “new legal realist” approach, this Article decodes the anatomy of this modern …

National Security And Farmland Ownership: Livin’ Afida Loca, Jennifer Zwagerman

Buffalo Law Review

The brutal history of conflict over land demonstrates its importance for national security. Farmland in particular is in short supply and has appropriately been designated as “critical infrastructure.” However, the Committee on Foreign Investment in the United States (CFIUS) reviews foreign investment in farmland only if the farmland’s location is close to military or other sensitive sites. The United States Department of Agriculture (USDA) gathers information on specific types of foreign farmland investment yet is wholly removed from any type of national security review. While it might seem like a ban on foreign investment in farmland is an easy solution …

Suspending The Truancy Paradigm, Barbara Fedders, Lucy Carlson, Max Parker

Buffalo Law Review

In the aftermath of the COVID-19 pandemic, school absences have skyrocketed. While racially minoritized, disabled, and low-income students have historically been, and remain, most likely to experience absence, white and affluent students’ rates of attendance have also declined. To respond to this new universality of student absenteeism, some policymakers have begun to seek alternatives to what we term “the truancy paradigm.”

We define the truancy paradigm as the range of coercive and often punitive interventions deployed by states and school districts to enforce compulsory attendance statutes. This paradigm, we argue, wrongly assumes (a) that strict enforcement of compulsory attendance laws …

Conceptual Gerrymandering In Sffa And Some Thoughts On How It Enables The Case’S Weaponization, David Simson

Buffalo Law Review

This Article makes two main contributions at the intersection of Constitutional Law and critical analyses of race and racial (in)equality. First, and more narrowly, the Article provides an in-depth analysis and critique of the Supreme Court’s most recent affirmative action decision in Students for Fair Admission v. Harvard (SFFA), specifically with respect to a crucial aspect of the case that has not been addressed in depth in other scholarship on the decision: how key opinions conceptualize “race” in their reasoning. The Article shows how the SFFA majority opinion and a concurring opinion by Justice Gorsuch incorporate multiple, and inconsistent, understandings …

Presumed Guilt: Epistemic Closure In Pregnancy Prosecutions, M. Eve Hanan

Buffalo Law Review

Criminal law and reproductive justice scholars are calling attention to the increase in prosecutions for pregnancy outcomes in the United States. Trace amounts of controlled substances in newborns are prosecuted as child abuse. Miscarriages are prosecuted as illegal abortions or homicides. This area of criminal law existed side-by-side with Roe v. Wade for late-term pregnancy outcomes. The Dobbs decision has further emboldened these prosecutions by removing the protections of the Due Process Clause from the pre-viability phase of the pregnancy.

Using a case study of a woman who was pressured to plead guilty to manslaughter and sentenced to eight years …

Leveling The Playing Field? Exploring The Moral Ambiguity Of The Private Attorney General Model, Nathan Heastie

Washington and Lee Law Review Online

Johnson & Johnson’s market cap is twice the GDP of Oklahoma. So, when Oklahoma hauled Johnson & Johnson and other behemoth pharmaceutical companies into state court for their participation in the opioid epidemic, Big Pharma’s resources created a David v. Goliath situation. Against all odds, Oklahoma stood toe-to-toe with Big Pharma and brought home more than $650 million in settlement funds.

Oklahoma’s success would be otherwise impossible without the assistance of three private law firms serving the role of “private attorneys general.” The State signed contingency fee arrangements with the firms, transferring the financial burden of litigation from the State …

Representing The Incommunicado Client: Regulating The Attorney-Client Relationship In A Civil Rights Emergency, Michael Kagan

Washington and Lee Law Review Online

When the government obstructs a detainee’s ability to communicate with attorneys, normal rules governing the formation of attorney-client relationships break down. While some work-arounds exist to allow lawyers to bring such cases to court, they have significant limitations and can create problems of their own. The legal profession and the courts should adopt new rules modeled on emergency medicine to facilitate the filing of urgent civil rights claims for clients who are not in a position to consent. In emergency medicine, physicians can presume client consent for certain narrow and urgent purposes. Certain lawyers, in extreme cases, should be able …

Clark Memorandum: Fall 2025, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Our Constitutional Anchor
• Divine Law
• The Courage of Our Convictions
• Our Call to Action

“For Whom The Bell Tolls”?* Is The Corporate Transparency Act Dead, And If Not, What Is Its Impact On Corporate Governance?, Kellen Ware

UC Law Business Journal

The Corporate Transparency Act (“CTA” or “the Act”) was enacted by Congress in 2021 to combat illicit financial activity through mandated beneficial ownership disclosure. While the current administration has opted not to enforce the CTA’s reporting requirements on domestic entities, the law remains in effect, and its future is uncertain amid ongoing constitutional litigation.

This Note argues that the CTA should be repealed, and state legislatures should refrain from mirroring the Act. The CTA creates undue burdens that threaten effective and efficient corporate governance in small businesses and many non-profits. This Note traces the contentious history of the CTA and …

Institutional Sustainability In Ai Governance: Comparing Paths In The Eu, Japan, And Taiwan, Kuan-Wei Chen

Yearbook of Antitrust and Regulatory Studies

This article explores the concept of institutional sustainability in AI governance by comparing the approaches in the European Union, Japan, and Taiwan. It begins by arguing that the relationship between AI and sustainability extends beyond environmental concerns, encompassing the sustainability of governance institutions themselves. The article posits that institutional sustainability, referring to the capacity of governance frameworks to remain effective over time, is essential in the context of rapidly evolving and future-oriented AI governance. The analysis proceeds by examining the EU’s strategy of normative anchoring through legal codification, Japan’s agile governance model based on collaboration and coordination, and Taiwan’s digital …

Opioids And Oblivion: Corporate Bankruptcy And The Erosion Of Accountability In Big Pharma, Ying Yuan

Washington Law Review

In June 2024, the United States Supreme Court ruled in Harrington v. Purdue Pharma that nonconsensual releases for nondebtors are unconstitutional. The decision marked a key development in mass tort litigation involving Purdue Pharma, the company at the center of the opioid crisis. The Sackler family sought to use Purdue’s bankruptcy proceedings to shield themselves from liability, but the Court’s ruling invalidated the use of nondebtor releases to protect third parties from claims without the full consent of affected parties. While the ruling strengthens creditor protections, it creates uncertainty regarding how mass tort bankruptcies can efficiently compensate victims, particularly in …

Self-Determination Through Children's Rights: Resisting The Paradoxical Pretext Of Parents' Rights Legislation, Jeremiah Chin

Washington Law Review

Washington state law balances the interests of parents and the state in education, healthcare, and the general wellbeing of children. Despite the fact that children are at the center of emerging controversies, children’s rights are rarely discussed in state legislation debating the obligations and relationships between the state of Washington and parents. In education, for example, RCW 28A.605.005 finds “[p]arents are the primary stakeholders in their children’s upbringing.” While this may be true relative to the state, it overlooks the fact that children are the primary actors, agents, and rights bearers in their own personhood. This Article therefore considers ongoing …

From The Bench To The Feed: Conflict Between Public Official Accounts And The First Amendment, Betty Yu

Washington Law Review

Imagine one day waking up, opening Facebook, and discovering that the official White House account blocked you because you left a comment expressing a viewpoint. In this case, your First Amendment right to free speech would most likely be violated. However, what happens if your local official blocks you or deletes your comments? Are your First Amendment rights violated? Well, it depends.

Historically, public officials have used public forums such as town halls to meet with citizens and answer questions. However, as social media platforms like X and Facebook have become increasingly crucial tools for communication, the distinction between personal …

Emergency Lending By The Federal Reserve, Kathryn Judge, Richard Clarida

Faculty Scholarship

The Federal Reserve established an array of innovative emergency lending facilities during the Great Financial Crisis and expanded the scope of its emergency lending yet further in response to the Covid-19 pandemic. This Article provides a retrospective of how the Federal Reserve used its emergency lending authority across these two episodes, identifying patterns and revealing some differences. It sheds light on the conditions that enabled the Federal Reserve to establish the facilities that it did, including the roles played by Congress and Treasury in providing the equity funding that made certain facilities possible. It shows how in each episode, the …

Symbolic Justice: The Continued Limits Of International Criminal Justice Without A Permanent Prison System, Meg Penrose

Faculty Scholarship

Many people misremember Nuremberg, Tokyo, and the subsequent World War II tribunals. These seminal international tribunals gave the world convictions but largely failed to fully enforce the sentences imposed. Most people do not recall the mass clemency following the World War II tribunals. This Article seeks to fill a scholarly void by explaining why international criminal justice has never matured beyond Nuremberg and Tokyo. The modern ad hoc tribunals, as well as the permanent International Criminal Court (“ICC”), have failed to deliver lasting justice. Much like Nuremberg and Tokyo, the modern tribunals fixate on arrests and convictions and then seemingly …

Balancing A Circular Economy With Brand Protection: How Luxury Fashion Houses Can Regulate Upcycling Through Trademark Licensing, Olivia Dinkins

Brooklyn Journal of Corporate, Financial & Commercial Law

The growing demand for sustainable fashion, particularly among younger consumers, has led to a surge in upcycling practices that repurpose pre-existing materials, often featuring luxury brand trademarks. While upcycling may support a circular economy and artistic innovation, it poses complex legal challenges for trademark owners, especially concerning consumer confusion, dilution, and the use of counterfeit materials. This Note explores the intersection of trademark law and sustainability in the luxury fashion sector, highlighting the tension between environmental responsibility and intellectual property protection. This Note first analyzes the way various courts have confronted these issues and the limitations of doctrines like first …

A Dangerous Challenge To The Constitutionality Of The Felon-In-Possession Statute: United States V. Bullock, Matthew Matherne

MC Law Review

In United States v. Bullock, Judge Carlton Reeves held that the federal felon-in-possession statute was unconstitutional as applied to Mr. Bullock. Although Mr. Bullock had been previously convicted of multiple violent felonies involving a firearm, including one that resulted in the death of an individual, Judge Reeves dismissed the charges because the government failed to establish a historical tradition of prohibiting felons from possessing firearms. Judge Reeves’ determination that § 922(g)(1) is unconstitutional as applied to Mr. Bullock is a decision that is not only “dangerous” to society, but it contradicts the historical tradition of firearm regulation in America. …

Adjunct Faculty Listing

MC Law Review

No abstract provided.

Codification In Mississippi: Nineteenth Century Efforts For A Mississippi Civil Code, Milton J. Hernandez Iv

MC Law Review

No abstract provided.

Masthead

UC Law Business Journal

No abstract provided.

Foreword, Jonathan Engelmann, Audrey Nguyen

UC Law Business Journal

No abstract provided.

Shareholder Standoff: The Erosion Of Minority Protections In The Wake Of Sb21, Kiara R. Sims

UC Law Business Journal

No abstract provided.