• By Henry Miller

McKay Cunningham

A small, liberal arts college is one of the rare breeding grounds for a better humanity, and The College of Idaho is among the best in that already rarified field. Academic rigor, in turn, generates an appreciation for critical thinking and a respect for the dignity of all persons no matter how seemingly foreign they may appear at first. It’s truly fortunate to be associated with the College in any capacity, whether student, staff, teacher, alumni, or just someone lucky enough to hang out with a Yote. I am currently the Director of the Master of Applied Public Policy (MAPP) program, a Graduate Professor and the Principal Designated School Office (PDSO) for the College. Prior to joining The College of Idaho, I was a tenured law professor, teaching for 13 years at several law schools, including Concordia Law School and the University of Idaho. I taught courses related to property law and constitutional law, during which time I published 12 law review articles, one book, and several shorter publications. I enjoy discussing constitutional law issues on NPR and PBS, drafting opinion pieces for local newspapers, and testifying before the Idaho Legislature regarding the legal implications of proposed laws. Prior to joining legal academia, I practiced law for nine years, including a one-year clerkship on the Eleventh Circuit Federal Court of Appeals, four years at a law firm in Dallas, Texas, and four years as a Staff Attorney on the Texas Supreme Court. I earned my undergraduate degree and a juris doctor degree at Baylor University, where I served as managing editor of the law review. EDUCATION J.D., Baylor Law School 2000 B.A., English Literature and Philosophy, Baylor University 1997 SCHOLARSHIP & RESEARCH Exposed, 2019 Mich. St. L. Rev. 375 (2019) Gerrymandering and Conceit: The Supreme Court’s Conflict with Itself, 69 Hastings L. Jnl. 1509 (2018) Privacy Law That Does Not Protect Privacy, Forgetting the Right to Be Forgotten, 65 Buff. L. Rev. 495 (2017) Complying with International Data Protection Law, 84 Univ. Cin. L. Rev. 421 (2016) Free Expression, Privacy, and Diminishing Sovereignty in the Information Age: The Internationalization of Censorship, 69 Ark. L. Rev. 71 (2016) Next Generation Privacy: The Internet of Things, Data Exhaust, and Reforming Regulation by Risk of Harm, 2 Groningen J. Int’l L. 115 (2014) Diminishing Sovereignty: How European Privacy Law Became International Norm, 11 Santa Clara J. Int’l L. 421 (2013) Privacy in the Age of the Hacker: Balancing Global Privacy and Data Security Law, 44 Geo. Wash. Int’l L. Rev. 643 (2012) Oil and Water: Easements and the Environment, 85 St. John’s L. Rev. 869 (2011) The Montreal Convention:  Can Passengers Finally Recover for Mental Injuries?, 41 Vand. J. Transnat’l L. 1043 (2008) Freshman Professor: The First Year; The First Semester; The First Day, 3 Phoenix L. Rev. 389 (2010) Playing Doctor:  Discerning What Medical Services School Districts Must Provide to Disabled Children Under Cedar Rapids Community School District v. Garret F., 52 Baylor L. Rev. 171 (2000) (Case Comment) Wolters Kluwer International. Cyber Law in the USA. Monograph, Wolters Kluwer, 2020.