Stanford Law Conference on F & Sat May, 2 & 3, 2025 & re a 100 year old US Supreme Court case in Oregon ... and with WUaS questions about growing an abolition movement further - and in asking Gemini AI conversational generative artificial intelligence ... with a GREAT first reply ...
Day 1
very sparsely attended .. 50 people ???
Lots of blue suits and elderly ...
met Camille first ... studying multilingualism in Senegal
Michael McConnell
10:25
Opening remarks
education
doctrinal
privacy
Panel 1
Judge Diarmuid O'Scannlain
PANEL 1: The Backstory of Pierce v. Society of Sisters
Nathan S. Chapman, University of Georgia School of Law
Linda Gordon, New York University
Robert C. Post, Yale Law School
Judge Diarmuid O'Scannlain, U.S. Court of Appeals for the Ninth Circuit (Moderator)
Pierce v the Society of Sisters of Holy Names ...
Diarmuid O'Scannlain published article in
serves in Pioneer Courthouse in Portland Oregon ...
Chambers are on 3rd floor
and Peirce was argued directly below his chambers on floor 2
Due process
In 1922
Oregon voters passed an initiative that REQUIRED parents to send their kids to public schools ...
compulsory education act
The US Supreme Court could invoke the free exercise of Religious Freedom ... per the The Sisters ...
exemption from anti-polygamy laws ...
all decisions from the state
American character ...
anti-Catholic
The most active supporters of the KKK ...
(spin?)
the Supreme Court ruled in favor of The 3 Sisters ...
The Supreme shifted away from the economic basis ... and religious freedom ...of the district court
but instead upheld the Due Process???? clause or ...
the
children and state
children and parents
Linda Gordon
saying a few words about the context ...
She grew up in Portland Oregon ... progressive and never heard a thing about the KKK
but arguably it was the most racist state outside one state in the south
80000 population in 1920s
80-90% voted to ban blacks from entering or owning property in the state in 1920s
The Klans' anti-catholicism had long roos
Lyman Beecher ... claimed that children were being poisoned by Catholicism
In Oregon the KKK showed film Birth of the Nation from 1915-1922 ... as a big money-maker for KKK
Other parts of the countries, this allegation was against wedgies
In 1922
the Klan ...
Peirce
cutting taxes
banning Catholic Schools ...
The top and bottom were less keen on their anti-catholicism ... potted history in a way ... polarizing ... conservative history ...
Protestantism was privileged
banning Columbus ... because he was working toward the glory of the pope ...
Oregon remained the Klans' premier success in the 1920s
1920s right wing ...
Former Dean Robert Post of Yale Law School
more substantive issues
Due Process
begins in late 1890s
Lckner ...
Due Process of the 14th amendment
aggressive on this until 1912
between 1912 and 1920, the Supreme court backs off Due Process
as WWI comes along
industrial war ...
... leading to the total New Deal ...
A National regulation of the railroad ...
Taft
president
then Supreme Court
ambivalent attitude toward modernity
liberty and property
For understanding Pierce
Meyer v Nebraska
1923
We are all heirs of
Oliver Wendell Holmes
sovereignty
Lead lawyers at the turn of the 19th-20th century would deny
this
compared with
Kavanaugh in
Alito in Dobbs
People are subject to the State
State are subject to the people
and that's what informs all Due Process in the 1920s
McReynolds Campbellite Protestant
Chapman
state law aspect
Higher obligations and where did these come from
meyer and Pierce
incorporated natural due process
Post
quotes Stanford professor
Cubberley from 1909
more and more the child is becoming ... of the state, rather than of the parents ...
Questions
lack of mention of context of the 14th amendment
of children being taken away from black families
Post
3 points
Question
there was a time when there was a Cubberly high school in Palo Alto ... but now it's a community center ... AH the STATE! possibly protecting kids?
Post
American ism is where the self is not controlled by the state ..
children are always a real problem for political theory ...
Within liberalism, there are questions of
How best to care for children?
Q
Judges
as expert in the will of the people
A
1920s were very polarized
prosperity
Klan
was a progressive organization ... and against what Catholic priests and nuns were doing to people ...
Panel after lunch
PANEL 2: Free Exercise, Establishment, and School Choice
Michael W. McConnell, Stanford Law School
Paul E. Peterson, Harvard University
Nomi Stolzenberg, USC Gould School of Law
Eugene Volokh, Hoover Institution (Moderator)
Paul E. Peterson, Harvard University
Right to Attend Private School
NOT in Dispute Nationally in 1925
When do the rights of students trump the rights of parents ?
Nomi Stolzenberg, USC Gould School of Law
Parental pluralism
parent;s rights are defined by the state but with referents to the needs of society
pluralism
Horace Kallen
Laski
Randolph Born
Allen Locke
Eugen Ehrlich
living law
makes the case for a sociological approach to jurisprudence
Eugen Ehrlich
originator of the theory of legal pluralism
Commitment to individualism stop at the front door
ambient effect that pluralist thought had at the time
the power of the state
to
standardize
homogenize
the citizenry
Eugen ..
theory of law ... in these 5 ways
sociological
theory of living law
pluralist theory of law
liberal theory of law
imperialist theory of law ...
(embraces and imperial mode of state governance ... recognizing the virtue - virtual - of a centralized political authority ... contrasting term is nationalism)
The idea of individual choice has little to no choice in this schema
it's a model of shared control
both parents and the state have control over children
Michael W. McConnell, Stanford Law School
McConnell
Mahmoud could be the beginning of an anti-ideology approach to Free exercise
Paul
McConnell
Free Speech
I doubt that Free Speech would get you where you'd like to go ...
It's pretty clear that
Q fr audience
what are the limits to indoctrinating ///
Michael ...
everything i s a perspective here ...
opt out ... do have some limits
If parents do opt out ...
they're going to have to deal with the kids
pay for a babysitter
"I don't think parents are going to deal with this opt out promiscuously" .
Question
parental rights wasn't the only thing in Pierce
The Prussian view
and the Horace Mann view of the state, children and education
Horace Mann, a key figure in American education reform, believed had a vital role in providing free, universal, and non-sectarian education to all children, viewing education as a tool for social and political progress. He envisioned a public education system that would empower citizens, foster social mobility, and contribute to a more just and democratic society.
Mann's key views on the state, children, and education:
The State's Responsibility:
.
Mann argued that the state should actively support and fund public schools to ensure that all children, regardless of their socioeconomic background, have access to quality education. He believed that education was a public good and that the state had a responsibility to provide it.
Children as the Foundation:
.
Mann viewed children as the foundation of a democratic society and believed that they should be educated to become informed, responsible, and active citizens. He emphasized the importance of moral education and character development alongside academic learning.
Universal Education as a Tool for Social Progress:
.
Mann believed that public education could help break down social barriers, promote social mobility, and create a more equitable society. He advocated for the creation of a common school system that would integrate children from various backgrounds and foster a sense of shared citizenship.
Emphasis on Teacher Training:
.
Mann recognized the importance of well-trained teachers and played a key role in establishing teacher training schools, known as normal schools.
Non-sectarian Education:
.
Mann championed the idea of non-sectarian education, arguing that schools should not promote any particular religious or political ideology. He believed that education should focus on universal principles and values that all citizens could share.
Moral Education:
.
Mann recognized the importance of moral education and character development in shaping responsible citizens. He believed that schools should instill values such as discipline, obedience, and a commitment to the common good
the prussian view is nationalism
Question
child right's person
Who gets to form the character and the mindset
Who gets to inform ... ?
minimum content behind RWM and non-abuse?
the state has the right to decide the minimum ...
subject to constraints in the name of pluralism
Michael tinks the simple device of adding opt outs satisfies everyone
In MD parents have right to op out of the sex ed curriculum
how to teach mutual acceptance ... ?
Many curricula teaching tolerance backfire
Question
about Prof Mcconnell
disestablishment principles
the most natural thing is to say
a lack of diversity is a republican thing ...
Paul Peterson
We have. federal system
because it cools the hothouse
rassbach
the willlys that judges get
from unenumerated rights
overtime the headwinds will be there ...
Question
from woman at breakfast whose daughter is a nun in NY
1
opt outs
2
social transition that is from parents
not to be tricked
3
scimetti ? case ...
Rassbach ... puts me in a weird position
because i only bring religion claims from pepperdine legal clinic
Let's say the Mahmound case is a win for the parents ...
Reva
frustrated
I'm not a substantive due process person
because she rights about equality
Questions
Peterson and Meyer
PANEL 3: Parents' Rights, Children's Rights, and Social Rights
Mary Anne Case, University of Chicago Law School
Christopher C. Lund, Wayne State University Law School
Mark Storslee, Emory University School of Law
Judge Daniel A. Bress, U.S. Court of Appeals for the Ninth Circuit (Moderator)
social rights
Mark Storslee, Emory University School of Law
Christopher C. Lund, Wayne State University Law School
Peirce is about catholicism and children ...
Professor Case
constitutional orthodoxy
Storeslee
In loco parentis
Neither parents nor students shed their constitutional rights at the school gate
Chris Lund
Group rights
Religious matching
1978
native american case
should family be given opportunity to match with orphans and adopt thiem
churches and Tribes
Tribes have a lot of autonomy compared with churches
Groups have rights and interests
Westboro baptists
FLES in Texas
The government intervenes in matching and matching helps a group ...
Case
lifelong puzzlement of
Line in Barnett
no fixed orthodoxies
We're a society of rule of law... is a fixed orthodoxies ...
permissible attempts at indoctrination
required attempts at indoctrination
and
forbidden attempts at fixed orthodoxies
Storeslee
inculcation
with public education
but such that people decide ...
a book as indoctrination ... doesn't look like indoctrination. ...
Chris
fan of religious exemptions
be focusing on
protection clause
establishment clause
Case
from sex and gender predominance ...
to theological questions (including which are feudal)
Religious analogy
Fulton
ghettoization
Questions
student rights
has been difficult for supreme court
Marianne Case
even if parents are teaching
girls to be obedient
and boys to enforce obediences
students possess rights against schools
Q&A
nonconforming sexuality
secular humanism
intersecular
intra-protestantism
...
Blackstone gave the right to parents to their children's services ...
Storeslee
How can we make education more conductive to democratic and republican values?
Marianne Case
reads Blackstone
orphan children
Question
parental rights and duties
Q
Paul Peterson
of constitutionality constitutional savings accounts ...
Are these savings accounts constitutional ... or not ?
What limitations would you put on these rapidly expanding opportunities ...
Is this creating opportunities for all kinds of extreme and hostile learning situations?
How do you endorse Pierce and say that the state is in control, and don;t let this get out of hand?
Marianne Case
Poor
and wealthy kids ...
wealth and choice ... has challenges
Q
Do parents have a fundamental right to know that their students are becoming socially transitioned in school.
re schools hiding a student becoming transitioned
Storelee
I don't have the answer to this ...
texts
How do we judges et al think about cases like that ?
harder now than when Peirce was decided
Post question
macro position on the role of education
1
2
pluralist position
3
opt out ...
What was the right per the duties ...
Chris
I think your right to Robert Post ...
this panel is parasitic on last panel
social functional
and societal cohesion
* * * * *
Day 2
PANEL 4: Privacy and Unenumerated Rights
Eric Rassbach, Becket Fund for Religious Liberty
Reva Siegel, Yale Law School
David M. Smolin, Samford University Cumberland School of Law
Mariano-Florentino Cuéllar, Carnegie Endowment for International Peace (Moderator)
Mariano-Florentino Cuéllar, Carnegie Endowment for International Peace (Moderator)
introduces
Eric Rassbach, Becket Fund for Religious Liberty
religious liberty litigation
You can't bring
a substantive due process
if you can bring a
free exercise claim
that's the threshold prediction
substantive due process claims are sort of useless ... in ...
keyhole in religious liberty litigation
completely different mental world of the Taft court ...
David M. Smolin, Samford University Cumberland School of Law
trying to revive substance due process clause
because it's part of the 14th amendment
the basic drama of the 14th amendment is the emancipation of slaves
and voting rights in the 15th amendment
You could not protect your kids from the slave holder ...
Emancipation idea
1
Needs some briefs recovering originalist parental rights ...
2
anti-slavery arguments
protect all americans
but the long night was coming
...
an unjust law is no law at all
if law is all will and power
natural law
positive law ...
positivistic originalism is conflicted
I'm a child rights' person
all this individualism cannot capture humanity
Michael Age v Gerald D
often law conflicts between family members
Reva Siegel, Yale Law School
Thanks to Michael McConnell for convening this heterodox group of folks ... (but it doesn't seem that heterodox to me whatsoever ...)
Peirce's influence in the light of Dobbs
What did Dobbs say about Peirce
constitution's relations to the liberty clause ??? ...
unenumerated rights... probably head to the constitution and equality in that direction
Smoin
Roe fell because there was resistance to it ... in the general public ... (regarding precedent or stare decisis ...)
one case - Dobbs - is
fairly young
Peirce
and
Griswold
are fairly old law
(Law in the court of public opinion?)
The people matter
as to
precedent matters
Rassbach
privileges or immunity clause
re unenumerated rights
"I'm a one-trick religion pony"
We talk about Meyers and Peirce in alignment with Yoder
Why did substantive due process come about ...
because that other path had been blocked ...
Reva
taking the opposite tack than Rassbach
1920s
summoning liberty
re institutions out of the state
need non-state institutions to have an identity re non state control ...
David M. Smolin,
How Yoder spread on the non-state front
schools ...
activism of home school defense
home school legislatures
essentially it was in support of homeschooling ...
My wife and I homeschooled ... 8 kids ... in Alabama
getting organized works ...
Questions from pubic
right
immigration right
secretary of state can cancel immigration visas
substance due process clause
Question
Marianne Case
heckler's veto on stare decisis
heckler's veto on the rule of law
because it's
a heckler's veto on stare decisis
Rassbach
if substantive due process comes to pass
is the 1st amendment incorporated
Case -
religious liberty ... on one hand ... substantive due process on the other
Smolin
Heckler's veto
I would suggest there is a long resistance to the Supreme Court
and there is respectable resistance to Dobbs
The constitution belongs to the people
it doesn't mean that other cases won't be overturned
3 observations in closing
unenumerated rights
1
doctrinal questions and interpretation of law
live massibly in this discussion
2
attempts to squelch unenumerated rights
are limited
3
former south korean SEC chair
business, government and LAW are significant to USA
PANEL 5: The Practical Consequences of Pierce
Michael Bindas, Institute for Justice
Eric A. Hanushek, Hoover Institution
Zalman Rothschild, Cardozo School of Law
Judge Susan P. Graber, U.S. Court of Appeals for the Ninth Circuit (Moderator)
Graber
introduction
Michael Bindas, Institute for Justice
vouchers
religiosity of private schools
Peirce
right to
is as much concerned with economics rights and with education ...
with parents to engages
Rick Hanushek
not concerned with
precedent of cases
14th
or
1st amendment
but educational policy
my tribe is interested in
outcomes with students
and
how
beginning of 20th century
public schools
home schools
and private schools
how does changing the balance of these affect the outcomes .. that he's interested in ...
as the 20th century moved along ... questions about how well the schools are doing ..
main question
of school choice ...
to improve the quality of schools ...
footnote on how he got into these questions
our US schools are behind other countries and in the worldwide economy
so he became a fan of school choice ...
He didn't know about Peirce until he was invited to present
He was also in another conference yesterday on day 1 on economics of education ...
Miton Frideman ... right to choose was his main thing ...
re his book of that name ...
offering choice to people caught in bad schools largely thinking of urban center's schools ... But what about other 'bad schools' ...
about 7% today go to charter schools
which begin in 1992 in MN
there are some really bad and really good private schools ...
we know almost nothing about the full 3% of home schools ...
very different and wide set of regulations ...
AZ
Fl
IN
IN
CO
try to make Charter Schools easy to create ... and re the number of them
in contrast
MD
VA
... to create a charter school you have to get approval of competitor
widely different regulations on Charter Schools
but we don't' know if it affects performance
Other states
annual reporting
PA
NY I think
wildly different requirements
with no knowledge about outcomes
that are leading to further litigation ...
Rick has been focused on
related issue of school finance
What Rick sees out of Peirce
expand to vouchers
IN 20 minutes, TX governor will sign a billion $ voucher bill to basically everybody but won't support everyone's education
We'll get all kinds of litigation about how
have regulations but don't know their impact
Zalman
Holmes -
"Hard cases make great cases "
Yoder ...
Hawaiian language schools ... de facto a public school ... because the laws were so Draconian ...
Barnett is picking up on half of the ledger ... that states can totally control public schools
that the state can't uniform -ze an agenda ...
some courts are holding on to
making distinction
between indoctrination and exposure
the idea in Peirce
that the state has some control of private schools
and in Yoder
not so fast
... and re some high school students ... 14-16
indoctrination
at least in eyes of Amish
Yoder often gets debated about Amish sending kids to public school (because Amish don't have schools)
factual education ... arithmetic ...
contrary to H's way of life ...
Now what?
the envelope is getting pushed further ..
indoctrination as a line ... is not helpful
Graber
Peirce does have some role in the (this) state has a role in education ...
Peirce does have some role in the (this) state ... and has a role in education ...
Bindas
Peirce and Meyer give us a test that xyz goes too far ...
rather than teaching in any foreign language ...
Nebraska prohibited instruction in any other language than English
thinks courts should honor Peirce and Meyer
Rick Hanushek
having a high quality education is very important to people
How you translate into law ...
I worry personally what homeschooling is doing to children ...
whose parents aren't educating them to operate in society
Zalman
choice of children ... to exit the community they were born into
Yoder
firmly opt into Amish life ...
if the state is empowered to save a child from himself or from amish
by requiring compulsory state education
go back to peirce
if standardization of children ...
Rick Hanusehk
the
rights of kids ..
where eg teachers and unions
are in competition
wanting to
bindas
residence a proxy for wreath ...
determine school
public schools assigned to by govt based on where they live
Post
3 questions one to each panelist
to
Rick Hanushek
how does competition relate to success ...
1
Bindas
Sulivan
exclusion of private schools ...
2
Rick
expenditures have tripled since the 1980s?
test performance would be high on my list
civic values and others would be important too ..
3
Zalman
What is the metric of the metric ?
Eugene Volokhov
free speech guy ...
what about attaching limits to spending money ...?
literate and numerate
meets requirements
rick says yes to
Eugene ...
literate and numerate
Naomi
equality is playing on precedents
expand the circle of parents for opting out of schools
we're still going to have better and worse schools ... not solving the equality problem
sleight of hand in the rhetorics here ...
this is how we're going to overcome the problem that school choice ... that ... we aren't going to solve the economic equality problem
Question -
If you choose to offer public schools
Bindas replies
the government can do this ..
and he also doesn't think
Alaska's provision does this exactly ..
Zalman
agrees
and St Isidora is asking all these questions
if you have a public school and it's not a public religious school, that is essentially discrimination
Paul Peterson
I don't like this courtroom atmosphere
Declaration of Independence
life liberty and pursuit of happiness
if we look at liberty
there will be foolish choices
I wonder it the H kids are suffering ...
but if you look at homeschooling in general
does it produce results that are systematically inferior ...
not any better
or charter schools ...
It's about liberty ... as the fundamental question
Zalman
I think you can be relativistic
I don't think liberty is the solution ... focusing on the parent's liberty
Rick
We spend $900 billion dollars a year on k-12 education
how to spend it well ?
Bindas
echo what prof peterson said about the courtroom atmosphere
want what's best for the children ...
Is liberty seriously interfering with the
equality
I'm not too narrow
parents rights ought to be as narrow or broad ... as privileges or immunities' clause?
PANEL 6: Was Pierce a Mistake?
Justin Driver, Yale Law School
Nicole Stelle Garnett, Notre Dame Law School
Steven Smith, University of San Diego School of Law
James A. Sonne, Stanford Law School (Moderator)
James A. Sonne, Stanford Law School (Moderator)
Justin Driver, Yale Law School book
Schoolhouse gate book
Nicole Stelle Garnett, Notre Dame Law School
school choice movement
Justin Driver, Yale Law School book
Pierce
wrong ???
mistake in
1
outcome
2
rationale may be wrong ...
language schools out of Hawaii ...
Japanese language
grateful to this
trilogy of opinions
Georgia case ...
Dwellers at the polyglot boarding house
Cubberley
Public Education in the USA book
these laws are essential lest we lose our national character
the existence of non-English languages was a threat to him
holdouts on the one hand ...
(Griswold in CT)
vs
upstarts on the other
Pierce
... Cimmerinski in 2003
Cerinski
made the case the Peirce was wrongly decided
Apartheid schools in the US ...
tracking issue too
turns to Prof Frankfurter
wrote in
1925
New Republic
Can the supreme court guarantee toleration
His answer, it seems to Justin
ranged from no and hell no ...
IN rejoicing in the NB and Oregon cases ...
these heavy prices need to be paid in ... re liberalism
Another aricle
pet schools ...
the courts have an important role to play in protecting minority rights ...
Nicole Stelle Garnett, Notre Dame Law School
Whether the scope of Pierce
was too broad or too narrow ...?
doctrinally - is pierce a mistake
she's an originalist
agree with Scalia
enumerated rights completely divides our tribe
whether the scope of Peirce is wrong
appealing to her
rights protected by 1st amendment ... were those that were denied to slaves
"blacks need to pack heat"
3rd option
parental rights are free speech rights ..
(I've recently learned that controlling my children through speech is limited )
scope question ?
Steven Smith, University of San Diego School of Law
conundrum
explanation
illiberal answer
uneasy-ness with Peirce
a fortiori point
constitutional point
government formation of persons
liberal theory usually operates on the assumption that people are fully formed
but doesn't focus on children
liberalism tries to deal with this person formation by adopting an anti-monopoly approach
Peirce is generally about he thinks ... that parents have the right to direct the education of their children
it's not so much a rights' decisions
but a limited powers decision
...
Justin Driver
replying
Mahmoud
The Schoolhouse Gate
Public Education, the Supreme Court, and the Battle for the American Mind
Justin Driver
Public Education, the Supreme Court, and the Battle for the American Mind
Justin Driver
Battle for the American Mind
Questions -
forced apprenticeship ... slavery ... is this happening tragically at universities in California ... and at Yale University ... re the illegal sex, drugs and violence industries internationally and their latent networks of violence (re Yale professor of law reva siegel, and former yale law dean robert post too, and panelist university of san diego law prof steve smith ... and even regarding univ of california berkeley will kell tragically ... re )... regarding international organized crime ???
how very much the question of slavery was interfering with the intimate relationships of slaves prior to the 1806
Nicole
not the messiness she describes ...
reva
dealing with a very different world then and now
robert post
political themes of Peirce
about the American Mind
due process clause
one way from the beginning it was responsible to the citizens (meaning of republican)
legal conception of will ... was property
after the 1950s
steve smith
formation of person and expression of person is not so clear ...
Nicole
I think oder is about 'the Amish being cute'
Marianne Case
I find what you're saying completely false
How are you ...per the old song
"How Ya Gonna Keep 'em Down on the Farm (After They've Seen Paree?"
I have 4 children ... all with very different personalities
whatever your
I find the words "formation" and "of self" to be completely conflictual ... and false too ...
Michael mcConnell
Well plato did know what to do with children ... McConnell said .. and it's not to be liberal
Is he referring to Plato's preying on boys / kids .... tragically even and as precedent ... ?
There can be a tendency to bring in the state as if it's' the cavalry ...
McConnell isn't for this ...
I disagree with the state being subject to being controlled by factions. ..
the state is subject in the USA and democracy regarding politicians is subject to being voted in or out ... ?
balance between state and parents ...
* * *
Asked Gemini AI
What are some of the implications of the US Supreme Court case from 1925 Pierce vs the three sisters in Oregon for growing an abolition movement worldwide to abolish the wrongful selling and buying of people in the illegal sex drugs and violence Industries - to protect people?
Reply -
That's a really important and complex question, and it highlights how legal precedents, even those seemingly focused on one area, can have ripple effects across social justice movements. While Pierce v. Society of Sisters (1925) directly dealt with compulsory public education and the right of parents to choose private schooling for their children, its implications for the abolition movement against human trafficking are more nuanced and indirect but still significant. Here's how we can break it down:
Direct Holding of Pierce v. Society of Sisters
First, let's clarify the core of the case. Oregon had passed a law requiring all children between the ages of eight and sixteen to attend public schools. The Society of Sisters, which operated Catholic schools, and a military academy challenged this law, arguing it unconstitutionally interfered with their property rights and the liberty of parents to direct the education of their children.
The Supreme Court ultimately sided with the Society of Sisters, holding that the Oregon law violated the Due Process Clause of the Fourteenth Amendment. The Court recognized a fundamental right of parents to direct the upbringing and education of their children.
Indirect Implications for the Abolition Movement:
While Pierce didn't directly address trafficking or exploitation, its emphasis on fundamental rights and individual liberty has several indirect but potentially powerful implications for the abolition movement:
* Recognition of Fundamental Rights: The case firmly established the principle that individuals possess fundamental rights that the state cannot unreasonably infringe upon. This concept is central to the abolition movement, which argues for the fundamental right to freedom and bodily autonomy for all individuals being exploited in the sex trade, drug trafficking, and other violent industries. By recognizing unenumerated rights beyond those explicitly listed in the Constitution, Pierce strengthens the legal basis for arguing against the violation of these fundamental rights in the context of trafficking.
* Liberty and Autonomy: The Court's emphasis on the "liberty of parents and guardians to direct the upbringing and education of children under their control" underscores the importance of individual autonomy and the right to make fundamental decisions about one's life and well-being. The abolition movement champions the autonomy of individuals being trafficked, arguing that their exploitation strips them of their liberty and their ability to make free and informed choices. Pierce provides a legal precedent for recognizing and protecting this sphere of individual liberty against unwarranted state intrusion.
* Challenging State Overreach: Pierce stands as a landmark case limiting the power of the state to impose uniform solutions and disregard individual choices in fundamental areas. This principle can be applied to challenge state actions or inactions that perpetuate or fail to adequately address human trafficking. For instance, arguments can be made that laws or policies that fail to adequately protect victims or hold traffickers accountable represent a failure of the state to uphold the fundamental rights recognized in cases like Pierce.
* Foundation for Broader Rights: The reasoning in Pierce contributed to the development of a broader understanding of unenumerated rights protected by the Due Process Clause. This paved the way for the recognition of other fundamental rights related to privacy, bodily integrity, and personal autonomy, which are all deeply relevant to the fight against human trafficking. Arguments against exploitation often hinge on the violation of these inherent rights.
* International Influence (Indirect): While Pierce is a US Supreme Court case, its emphasis on fundamental rights and individual liberty has influenced legal and human rights discourse globally. The recognition of these principles in a prominent legal system like the US can lend weight to similar arguments being made in international forums and within other national legal systems advocating for the abolition of exploitation.
Limitations and Nuances:
It's crucial to acknowledge that the connection between Pierce and the abolition movement is indirect. Pierce did not directly address issues of exploitation, trafficking, or the sex trade. The legal arguments in trafficking cases primarily focus on statutes specifically designed to address these crimes, as well as constitutional principles like the Thirteenth Amendment's prohibition of slavery and involuntary servitude.
However, the underlying principles of individual liberty, autonomy, and the protection of fundamental rights established in Pierce v. Society of Sisters provide a valuable foundation and a powerful rhetorical tool for advocates working to end the wrongful selling and buying of people worldwide. It reinforces the idea that individuals have inherent rights that must be protected against both state overreach and private exploitation.
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Asked also -
When were the most native american supreme court cases concerning schools and abuse?
BUT native americans were granted citizenship first in 1924 ...
The period with the most Native American Supreme Court cases concerning schools and abuse appears to be in the late 19th and early 20th centuries, primarily focused on the Indian boarding school system. Key cases and developments during this time include:
Early 19th Century:
- Marshall Trilogy (1823-1832): These cases (Johnson v. McIntosh, Cherokee Nation v. Georgia, Worcester v. Georgia) established foundational principles of federal-tribal relations, significantly influencing Native American education.
Late 19th and Early 20th Centuries:
- The establishment and operation of Indian boarding schools aimed at assimilating Native American children into white culture led to numerous abuses and legal challenges.
- This report exposed the horrific conditions in boarding schools, including insufficient food, overcrowded dorms, substandard medical care, and exploitative child labor, according to the Equal Justice Initiative.
Mid to Late 20th Century:
- .This case is considered a landmark ruling on the civil rights of American Indians in public education, notes the University of Illinois Law Review.
- .This law was enacted to address the issue of Native American children being removed from their families and placed in non-Native homes, according to NPR.
Modern Era:
- Continued Challenges: While the boarding school era is largely over, the legacy of abuse continues to affect Native American communities, leading to ongoing legal and policy debates.
Key Takeaways:
- The most prominent period for Native American Supreme Court cases related to schools and abuse was the late 19th and early 20th centuries, with the focus on the Indian boarding school system.
- The Meriam Report (1928) highlighted the horrific conditions in these schools, which were designed to force assimilation.
- The Indian Child Welfare Act (1978) and subsequent Supreme Court decisions have sought to address the legacy of abuse and protect Native American families
* * * *
Add the video recordings to AI and ML for judges and other lawyers; conversations about the issues here ... and all Stanford and other great law schools' conversations eg about Supreme Court cases + ?
* *
Society, Information Technology, and the Global University (2025, forthcoming)
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On Thu, May 1, 2025, 09:00 Stanford Constitutional Law Center <programs@law.stanford.edu> wrote:
No images? Click here
Pierce v. Society of Sisters:
The 100th AnniversaryMarking the centennial of Pierce v. Society of Sisters, our annual conference will investigate the history, doctrinal contributions, and ongoing issues raised by this landmark opinion. Panels will consider Pierce’s key tensions: between the state and families, children and parents, secular and religious spheres, and liberty and equality (or individual rights and pluralism). Whether rightly or wrongly decided, Pierce has an enduring relevance for legal and social debates that would have been unimaginable to the litigants and judges who participated in that case in 1925.
FRIDAY, MAY 2
PANEL 1: The Backstory of Pierce v. Society of Sisters
- Nathan S. Chapman, University of Georgia School of Law
- Linda Gordon, New York University
- Robert C. Post, Yale Law School
- Judge Diarmuid O'Scannlain, U.S. Court of Appeals for the Ninth Circuit (Moderator)
PANEL 2: Free Exercise, Establishment, and School Choice
- Michael W. McConnell, Stanford Law School
- Paul E. Peterson, Harvard University
- Nomi Stolzenberg, USC Gould School of Law
- Eugene Volokh, Hoover Institution (Moderator)
PANEL 3: Parents' Rights, Children's Rights, and Social Rights
- Mary Anne Case, University of Chicago Law School
- Christopher C. Lund, Wayne State University Law School
- Mark Storslee, Emory University School of Law
- Judge Daniel A. Bress, U.S. Court of Appeals for the Ninth Circuit (Moderator)
SATURDAY, MAY 3
PANEL 4: Privacy and Unenumerated Rights
- Eric Rassbach, Becket Fund for Religious Liberty
- Reva Siegel, Yale Law School
- David M. Smolin, Samford University Cumberland School of Law
- Mariano-Florentino Cuéllar,
Carnegie Endowment for International Peace (Moderator) PANEL 5: The Practical Consequences of Pierce
- Michael Bindas, Institute for Justice
- Eric A. Hanushek, Hoover Institution
- Zalman Rothschild, Cardozo School of Law
- Judge Susan P. Graber, U.S. Court of Appeals for the Ninth Circuit (Moderator)
PANEL 6: Was Pierce a Mistake?
- Justin Driver, Yale Law School
- Nicole Stelle Garnett, Notre Dame Law School
- Steven Smith, University of San Diego School of Law
- James A. Sonne, Stanford Law School (Moderator)
The Stanford Constitutional Law Center, led by Michael W. McConnell, grows out of the long and distinguished tradition of constitutional law scholarship at Stanford Law School. The Center carries on that tradition by directing attention to the most fundamental questions of constitutional order, especially the allocation and control of governmental power through law. It advances this mission through events and activities that foster scholarship, generate public discussion, attempt to transcend ideological divides, and provide opportunities for students to engage in analysis of the Constitution.
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http://www.colintalcroft.com/Sonoma_County_Bird_Watching_Spots/Brewers_Blackbird.html
https://www.csusb.edu/biology/birds/view/535787
There's a bird like this by the Harbin Hot Springs' pools ... but all are black, probably both males and females, so am not sure they are Brewer's blackbirds ...
https://en.wikipedia.org/wiki/Brewer%27s_blackbird
https://commons.wikimedia.org/wiki/Category:Euphagus_cyanocephalus
https://species.wikimedia.org/wiki/Euphagus_cyanocephalus
...
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