Homeschooling: Parent Rights Absolutism vs. Child Rights to Education & Protection

This Article describes the rapidly growing homeschooling phenomenon and the threat it poses to children and society. Homeschooling activists have in recent decades largely succeeded in their deregulation campaign, overwhelming legislators with aggressive advocacy. As a result, parents can now keep their children at home in the name of homeschooling free from any real scrutiny as to whether or how they are educating their children. Many homeschool because they want to isolate their children from…

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Retraumatized in Court

In addition to the indignities associated with the violence itself, intimate partner violence survivors very often risk being retraumatized when trying to access the justice system. While the “me too” movement has shed light on how survivors of sexual assault and harassment often experience victim-blaming and other types of retraumatization when they try to tell their stories, few legal scholars have written about the retraumatization that occurs when survivors of intimate partner violence atte…

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Financial Freedom Suits: Bankruptcy, Race, and Citizenship in Antebellum America

This Article presents a new frame of reference for thinking about how the federal government facilitated citizenship claims by free people of color in the antebellum United States. While scholars have accounted for various ways in which free black litigants may have made such claims, they have not considered how the Bankruptcy Act of 1841 enabled overindebted free people of color to reconstruct their economic lives, thereby restoring the financial freedom that was and continues to be an essenti…

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Democracy, Federalism, and the Guarantee Clause

The Guarantee Clause of the Constitution promises that “[t]he United States shall guarantee to every State in this Union a Republican form of Government . . . .” The Supreme Court has long held this Clause to be nonjusticiable, and as a result, many see the Clause as purely vestigial. But nonjusticiable does not mean toothless, and this view fails to recognize the Clause’s grant of power to Congress. The Guarantee Clause provides Congress with the authority to ensure that each state’s internal …

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The Costs of Youth: Voluntary Searches and the Law's Failure to Meaningfully Account for Age

The United States Supreme Court paved the way for comprehensive juvenile-justice reform during the sentencing phase when it announced its decisions in Roper, Graham, and Miller. The decisions made clear that juveniles are constitutionally different than adults under the Eighth Amendment. Yet these protections have not been extended to consent searches under the Fourth Amendment, where the consequences impact far more juveniles. Many states offer protections for juveniles in other areas of law,…

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Digital Risk & Ambiguity in Insurance: Tension Between Party Intent & Risk-Shifting

Digital risks are a continuously developing and evolving aspect of conducting business in the modern world. As high-profile losses to organizations are incurred via data theft or loss, insurers have attempted to fill the gap by providing both digital-risk coverage in general corporate-liability policies and specialized insurance policies, such as cyber insurance. However, the traditional paradigm of insurance interpretation presents significant challenges to both insurer and insured when attemp…

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