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Emma Tiner has a new legal paper out via the Center for Judicial Process

 

Scrooge v. Robin Hood: A Tale of Two Justices

Emma Tiner, a 2018 summa cum laude graduate of Albany Law School, served as Editor-in-Chief of the Albany Law Review. Prior to law school, Emma received her BS in communications, summa cum laude, at SUNY Cobleskill. She is currently clerking with Judge Richard K. Eaton at the United States Court of International Trade for the 2018-2020 term.

“That the State may do much, go very far, indeed, in order to improve the quality of its citizens, physically, mentally and morally, is clear; but the individual has certain fundamental rights which must be respected.” These words, attributed to Justice James McReynolds in his opinion for the Court in the case Meyer v. Nebraska, laid the groundwork for protections that would have far-reaching effects in Supreme Court jurisprudence. In both Meyer and Pierce v. Society of Sisters, McReynolds assisted in establishing important protections beyond the vagaries of the Fourteenth Amendment, identifying crucial rights that existed independent of specific Constitutional language. These protections contributed to the evolution of the body of law known as substantive due process.

Read the full announcement.