Professor Jacobs has been a Professor at McGeorge since 1993. During this time, she
has authored a substantial and important body of scholarship on constitutional doctrine,
governance and national security, and particularly on government speech. Professor
Jacobs' articles have appeared in law journals at Yale, Michigan, Illinois, Ohio State,
UC Davis, Rutgers, Tulane, Florida and Indiana. Her separate pieces of scholarship
on bioterrorism and national security have appeared as invited submissions to Homeland
Security: Law and Policy (William Nicholson, ed. 2005), Encyclopedia of Bioterrorism
Defense (J. Wiley, 2005), the Journal of National Security Law & Policy, and the interdisciplinary
journal, Biosecurity & Bioterrorism: Biodefense Strategy, Practice & Science. Professor
Jacobs is co-author of law review pieces addressing law reform in Indonesia and two
volumes in the McGeorge Global Issues series designed to bring international and comparative
law into core law school classes, Global Issues in Constitutional Law and Global Issues
in Freedom of Speech and Religion.
Currently, Professor Jacobs serves as Director of the McGeorge Capital Center for
Law & Policy, dedicated to studying issues of federalism and government structure
and aiding government policymakers who must navigate their complexities. Before this
appointment, Professor Jacobs served as Director of McGeorge's Institute for Development
of Legal Infrastructure. Located within the McGeorge Center for Global Business and
Development, the Institute generates scholarship on development issues and provides
service to developing nations seeking to strengthen their legal systems. In February
2008, Professor Jacobs taught a course at Zhejiang Gongshang University in Hangzhou,
China, as part of a USAID legal education grant administered by the Institute. Professor
Jacobs has also led the McGeorge Bioterrorism and Public Health Initiative, which
focused on introducing issues related to those topics into the law school curriculum.
Professor Jacobs received her BA from Wesleyan University, graduated magna cum laude
from the University of Michigan Law School, and served as a law clerk to United States
Supreme Court Justice Lewis F. Powell, Jr.
Selected Publications (Books, Teaching Materials, Law Reviews)
First Amendment/Government Speech
- Regulating Marijuana Advertising and Marketing to Promote Public Health: Navigating
the Constitutional Minefield, 21 Lewis & Clark L. Rev. 1081 (2018)
- Making Sense of Secondary Effects Analysis After Reed v. Town of Gilbert, 57 Santa Clara L. Rev. 385 (2017)
- Memo to Cannabis Regulators: The Expressions Hair Design Decision Does Not Limit Your
Broad Authority to Restrict All Forms of Discounting, 49 U. Pac. L. Rev. 67 (2017)
- Government Identity Speech Programs – Understanding and Applying the New Walker Test, 44 Pepperdine L. Rev. 305 (2017).
- Compelled Commercial Speech as Compelled Consent Speech, 29 Journal of Law & Politics 517 (2014).
- Bush, Obama and Beyond: Observations on the Prospect For Fact Checking Executive Department
Threat Claims, 26 Const. Comment. 433 (2010).
- What the Abortion Disclosure Cases Have to Say About the Constitutionality of Persuasive
Government Speech on Product Labels, 87 Denv. U. L. Rev. 855 (2010).
- Clarifying the Content-Based/Content Neutral and Content/Viewpoint Determinations, 34 McGeorge L. Rev. 595 (2003).
- Who's Talking? Disentangling Government and Private Speech, 36 Univ. of Mich. J.L. Reform 1 (2002).
- The Public Sensibilities Forum, 95 Northwestern L. Rev. 1357 (2001).
- Free Speech and the Limits of Legislative Discretion: The Example of Specialty License
Plates, 53 Fla. L. Rev. 419 (2001).
- The Link Between Student Activity Fees and Campaign Finance Regulations, 33 Ind. L. Rev. 435 (2000).
- Pledges, Parades and Mandatory Payments: Creating Coherency in Compelled Expression, 52 Rutgers L. Rev. 123 (1999).
- Is There An Obligation To Listen?, 32 Univ. of Mich. J.L. Reform 489 (1999).
- Applying Penalty Enhancements to Civil Disobedience: Clarifying the Free Speech Clause
Model to Bring the Social Value of Political Protest into the Balance, 59 Ohio St. L.J. 185 (1998).
- Supplementing the Assumed Definitions: A Commentary on Professor Brownstein's Analysis
of Abortion Protest Restrictions, 29 U.C. Davis L. Rev. 639 (1996).
- Nonviolent Abortion Clinic Protests: Reevaluating Some Current Assumptions About the
Proper Scope of Government Regulations, 70 Tul. L. Rev. 1359 (1996).
- Even More Honest Than Ever Before: Abandoning Pretense and Recreating Legitimacy in
Constitutional Interpretation, 1995 Ill. L. Rev. 363 (1995).
Comparative Constitutional Law
- Global Issues in Freedom of Speech and Religion (Thomson West 2009), with Alan Brownstein.
- Global Issues in Constitutional Law (Thomson West 2007), with Brian K. Landsberg.
- Comparative Free Expression and Access to Information in the Americas (unpublished
teaching materials 2010).
- Retooling Law Enforcement to Investigate and Prosecute Entrenched Corruption: Key
Criminal Procedure Reforms for Indonesia and Other Nations, 30 Univ. of Penn. J. Int'l. Law 183 (Fall 2008), with Benjamin B. Wagner.
- Limits to the Independent Anti-Corruption Commission Model of Corruption Reform: Lessons
from Indonesia, 20 Global Business & Development Law Journal 327 (2007), with Benjamin B. Wagner.
Bioterrorism and National Security
- United States Legislation and Presidential Directives, Encyclopedia of Bioterrorism Defense (J. Wiley, 2d ed. 2010), with Elizabeth Rindskopf
- Bioterrorism Defense: Current Components and Continuing Challenges, William Nicholson (ed.), Homeland Security: Law and Policy (Charles C. Thomas, 2005).
- Sensitive But Unclassified: The Constitutionality of Secrecy Clauses as a Condition
to Government-Funded Scientific Research, 1 J. Nat'l Sec. L. & Pol. 113 (2005).
- Governmental Controls and Information and Scientific Inquiry, 1 Biosecurity & Bioterrorism:
Biodefense Strategy, Practice & Science 83 (2003), with Elizabeth Rindskopf Parker.
- Snow White, one of ten winners of the first Journal of Legal Education short story
legal fiction contest (Feb. 2013).
- Book Review: A Republic of Statutes by William Eskridge and John Ferejohn, 27 Const.
Comment. 647 (Winter 2011).