Mary Lu Bilek, along with other legal scholars in the SMU Law Review, explore the constitutional challenges of diploma privilege and conclude that a diploma privilege limited to graduates of in-state schools raises serious Dormant Commerce Clause questions. Meeting that standard will be particularly difficult if a state adopts an in-state privilege on an emergency basis. States should consider other options, including privileges that do not prefer in-state schools. The analysis is important both for states considering emergency measures and for those that might restructure their licensing after the pandemic.
May 14, 2020 | Faculty Work|Faculty Media>Mary Lu Bilek