Legal Education Commons^™

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 …

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.

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.

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.

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.

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 …

Is The Housing Access Voucher Program The Solution To New York’S Affordable Housing Crisis?, Ushna Khan

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

New York City’s affordable housing crisis has reached an alarming state, with nearly half of renters spending more than thirty percent of their annual income on rent, and eviction filings surpassing pre-COVID pandemic levels.  The rising eviction rate continues to disproportionately impact low-income and marginalized communities.  The longstanding impact of antiquated, restrictive zoning policies, underinvestment in affordable housing, and mounting construction costs have compounded the housing crisis into a “state of emergency” in New York.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on February 27, 2025. The original post can be …

Is The Housing Access Voucher Program The Solution To New York’S Affordable Housing Crisis?, Ushna Khan

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

No abstract provided.

From High Hopes To Hesitation: What Rfk Jr.’S Senate Confirmation Hearings Say About His Current Stance On Marijuana Reform, Andrew Greenberg

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

Recently, Robert F. Kennedy (“RFK”) Jr.’s nomination for secretary of the Department of Health and Human Services (“HHS”) was confirmed by the Senate, and he will soon become the leader of America’s largest health agency.  While some of his controversial claims include his “refusal to embrace science that shows vaccines do not cause autism” and “denials of the efficacy of vaccines” in general, he has also advocated for the federal decriminalization of marijuana.  However, his more recent declarations and the government forces at play mean this decriminalization will not likely come to fruition.

This post was originally published on the …

Virginia Bar Exam, February 2025, Section 2

Virginia Bar Exam Archive

No abstract provided.

Virginia Bar Exam, February 2025, Section 1

Virginia Bar Exam Archive

No abstract provided.

Professor Jessica Roth Quoted In The New York Times About Justice Dept. Targeting Sdny, Jessica A. Roth

Cardozo Law News Archive

Professor Jessica Roth spoke to The New York Times about Emil Bove III, the acting deputy attorney general, targeting the U.S. attorney's office for the Southern District of New York over the Trump administration's plans to seek the dismissal of corruption charges against Mayor Eric Adams.

Vol. 68, No. 07 (February 24, 2025)

Indiana Law Annotated

No abstract provided.

Turning Over The Ballot: Direct Democracy And State-Level Change, Floersheimer Center For Constitutional Democracy, Wilfred U. Codrington Iii, Phillip Ensler, Susan Lerner, Miriam Seifter

2024–2025 Flyers

No abstract provided.

The Court We Need: Why The Supreme Court Is Worth Saving—Especially From Itself With Professor Steven I. Vladeck, Stephen I. Vladeck

2025 Event Invitations

For all of the ink that has been spilled over the Supreme Court in recent years, no one has been able to bridge the growing divide between those who think we should bury the Court and those who think we should praise it. Meanwhile, public faith in the Court continues to decline. The result has been an erosion of the Court’s moral authority and an impasse about how to restore it at the exact moment when we most need it—with the other institutions of government increasingly unable or unwilling to check each other. Now, more than ever, we need a …

Turning Over The Ballot: Direct Democracy And State-Level Change, Floersheimer Center For Constitutional Democracy, Wilfred U. Codrington Iii, Phillip Ensler, Susan Lerner, Miriam Seifter

2025 Event Invitations

Join Phillip Ensler ‘17 (Alabama State Representative), Susan Lerner (Executive Director, Common Cause-NY), and Miriam Seifter (Professor, Univ. of Wisconsin Law School) who, with Cardozo’s own Professor Wilfred Codrington, will discuss ballot measures, direct democracy, and effecting change at the state level. Registration is encouraged but not required for current Cardozo students.

A Conversation With Julia Haart, Cardozo Fame Center, Fashion Law Society, Michelle Greenberg-Kobrin, Julia Haart

2025 Event Invitations

Step into the world of innovation and entrepreneurship with Cardozo's FAME Center and the Fashion Law Society as they host an exclusive event featuring Julia Haart—CEO, designer, author, activist, producer, and the captivating star of Netflix's “My Unorthodox Life.” Join her in a riveting dialogue with Professor Michelle Greenberg-Kobrin, as they delve into Julia's non-traditional journey to the C-suite and her trailblazing approach to business.

Cardozo Law News Brief: February 21, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the February 21, 2025 Cardozo Law News Brief include:

• Professor Jessica Roth appeared on PBS NewsHour to discuss DOJ resignations tied to the dismissal of a case involving NYC Mayor Eric Adams.

• Adjunct Professor Gary Galperin spoke to Gothamist about court procedures in the Luigi Mangione case.

• Derrick Hamilton, Deputy Director of the Perlmutter Center, published an op-ed in Times Union advocating for stronger discovery laws.

• Professor Peter Markowitz was quoted in Gothamist and Newsweek about ICE access to protected spaces under Mayor Adams.

• Professor Michael Pollack commented in Bloomberg on Denver’s new sidewalk repair fee.

• Professor …

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