When Social Media Becomes an Oxymoron, Part II: Student Free Speech and Substantial Disruption

November 20, 2020

Student social media use has resulted in school concerns regarding harassment (particularly, cyberbullying), creation of a substantial disruption or material interference in the school, and a marked increase in what may be termed “true threats,” this latter topic the focus of this article.

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Preventing and Litigating Hate Crimes

October 6, 2020

This course on preventing and litigating hate crimes presents an overview of national hate crimes trends; discuss when it is sensible for your office to collaborate with partners on hate crime cases or initiatives; share how partnerships and client agencies may work together to derive beneficial outcomes for all-involved parties; highlight hate crime homicide and civil cases handled through successful collaborative efforts; and review available resources.

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Working With Claims Administrators

October 6, 2020

This course covers the life cycle of a case involving a claims administrator including when it is beneficial to use a claims administrator, questions attorney general offices should pose when hiring a claims administrator, and how a claims administrator handles large and small cases. 

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The Evolving Debate Over Batson’s Procedures for Peremptory Challenges

April 14, 2020

This article considers the procedures for obtaining a fair and representative jury, specifically the procedures established in Batson v. Kentucky, and then discusses proposals to strengthen steps one, two, and/or three of those procedures.

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State Action Immunity Update

October 15, 2019

The state action immunity doctrine is an important protection for state regulatory boards and other non-state entities.

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A Reinterpretation With Unintended Consequences: Did the USDOJ Just Declare Your State Lottery Illegal?

May 15, 2019

In sum, the 2018 Opinion could directly impact one of the state’s most meaningful sources of revenue—the state lottery.

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Disaster Recovery: Spotlight on State Courts

January 2, 2019

The year-long presidential initiative for Attorney General Derek Schmidt has been a focus on innovative techniques that attorney general offices can use to serve their senior constituents. This article provides a road map as to how one state, the Oregon Department of Justice, is working to protect their citizens against elder fraud and abuse.

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When Social Media Becomes an Oxymoron, Part I: Free Speech, True Threats, & “Just Kidding”

October 2, 2018

With increased concerns over school security, public schools implementing state laws may find themselves running afoul of constitutional rights of students. This increasingly draws attorneys general into the fray. Social media use by students raises important questions as to whether or to what extent public schools may discipline students for threats posted on social media. The first in a two-part series.

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Social Media is the New Town Square: The Difficulty in Blocking Access to Public Accounts

February 12, 2018

Advising public officials on the use and misuse of social media must take into account constituents' First Amendment right to access and comment. Determining whether a social media post is "official" or "personal," determining how officials can limit comments, and learning platforms' methodology for limiting contacts are essential components to determine how this new "public space" for discussion can be regulated.

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State Sovereign Immunity

November 11, 2017

Under the doctrine of "state sovereign immunity," a state cannot be sued in federal and state court without its consent, except in limited circumstances. This article walks through Supreme Court jurisprudence on sovereign immunity and explains the different regimes that states have adopted.

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