Digital Commons Network^™

Implications For The Mille Lacs Lake Fishery With Continued Enforcement Of The 1837 Treaty Of St. Peters, Matthew Steffes

Journal of Public Law and Policy

Mille Lacs Lake, one of Minnesota’s over 13,000 lakes, holds a reputation for being one of the best walleye fisheries in Minnesota, as well as being a fishing destination for anglers across the nation. In 1999 the Supreme Court held that the Mille Lacs Band of Chippewa Indians retained hunting and fishing rights on ceded land that were granted to them in the 1837 Treaty of St. Peters. Part of this ruling allowed the Mille Lacs tribe to continue their commercial walleye fishing operation on Mille Lacs Lake. Since the Supreme Court’s ruling, the walleye population on Mille Lacs Lake …

Assessing The Silica (Frac) Sand Mining Environmental Regulatory Frameworks In Minnesota And Wisconsin: Who Has A Better Plan For Digging, The Gophers Or Badgers?, William Miley

Journal of Public Law and Policy

In recent years silica (frac) sand mining activity in Minnesota and Wisconsin has grown significantly due to high demand for the sand from the hydraulic fracturing (or “fracking”) oil and gas extraction industry. Consequently, there has been much debate in the region over the proper state and local regulatory controls and overall framework to adequately protect against health and environmental impacts associated with the mining activities while also avoiding undue regulatory burdens that hinder economic development. This article analyzes the silica sand mining regulatory schemes in Minnesota and Wisconsin to determine if this booming industry is met with appropriate oversight. …

How ‘Comprehensive’ Is The Comprehensive Immigration Reform Bill? S. 744 And Its Implications For Muslims, Arabs, South Asians, Somalis And Iranian Immigrants, Samira Afzali

Journal of Public Law and Policy

This article discusses the failure of the current immigration reform debate in addressing immigration policies that affect highly unpopular ethnic communities including Muslims, Arabs, South Asians, Somalis and Iranians. The current debate on immigration reform was heavily shaped and influenced by the 2012 presidential elections and both parties’ attempts to win the Hispanic vote. For this reason, the current discourse on immigration reform has focused on one segment of the population, albeit a diverse segment.

Since the Clinton Administration, Congress has passed legislation that converged national security interests with immigration law. The current debate on immigration reform fails to address …

Narrowing The Scope Of Judicial Review For Humanitarian Appeals Of Deportation Orders In Canada, New Zealand And The United States, Timothy Philip Fadgen, Guy Charlton, Mark Kielsgard

Journal of Public Law and Policy

The paper will compare the humanitarian and compassionate appeal provisions in relevant immigration law allowed to deportees in Canada, New Zealand and the United States. It argues that while recent changes in each of the countries have preserved the humanitarian appeals process, the basis of the appeal and judicial review have been dramatically narrowed by changes in legislation and case law. These changes have particularly limited the scope of judicial review and the ability of the courts to overturn administrative decisions regarding the fitness of an applicant to benefit from the appeal provisions.

In The Heat Of The Moment: The Implications Of State V. Ness On Criminal Defendants' Rights In Minnesota Danco Proceedings, Aisha N. Servaty

Hamline Law Review

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Understanding Bobadilla V. Holder: A Pragmatic Approach To Analyzing Crimes Involving Moral Turpitude For Eighth Circuit Attorneys, Jocelyn E. Bremer

Hamline Law Review

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Resisting Putting The Cat In The Bag: The Case Against Extending Minnesota's Dog Attack Strict Liability Statute To Cats, Julianna Passe

Hamline Law Review

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The Threat To Interest-Free Home Financing: The Problem Of State Governments' Prohibition Of Islamic-Compliant Financing Agreements, Matt Anderson

Hamline Law Review

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The Tax Code's Crowdfunding Dilemma: The Temptation Of Kickstarter Creators To Use The Gift Exclusion Under Section 102(A), Eric Dietz

Hamline Law Review

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The Trouble With Protecting The Vulnerable: Proposals To Prevent Developmentally Disabled Individuals From Giving Involuntary Waivers And False Confessions, Patricia Devoy

Hamline Law Review

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When Everything Matters, Nothing Matters: Minnesota's Unprincipled Approach For Determining Domicile In Tax Disputes, And A Path Forward, Joseph E. Cooch

Hamline Law Review

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Exploring How Faculty Members In Higher Education Respond To An Assessment Of Their Intercultural Competency, Naomi Rae Taylor

School of Education and Leadership Student Capstone Theses and Dissertations

This study addressed the response of faculty members in higher education completing the Intercultural Development Inventory (IDI) to measure their developmental level of intercultural competency. In addition, this study described how faculty members implemented their intercultural development plans (IDPs) and also identified the supports or barriers to their future development of intercultural competency. The literature review examined research on both K-12 and higher education to highlight the problems related to diversity and culturally relevant pedagogy that are consistent at all levels of education. Three case studies and one partial case study were cross-examined to capture the similarities and differences between …

(Don’T) See More Butts: Preemption And Local Regulation Of Cigarette Litter, Mike Freiberg

Hamline Law Review

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Pawns For A Higher Greed: The Banking And Financial Services Industry’S Capture Of Federal Homeownership Policy And The Impact On Citizen Homeowners, Tracie R. Porter

Hamline Law Review

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The Practical Challenges Of Litigating And Trying A Claim For Attorney Fees To A Jury In Minnesota: Providing Minnesota’S District Court Judges, Lawyers, And Litigants The Guidance And Predictability They Need, S. Jamal Faleel

Hamline Law Review

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Branded To Drive: Obstacle Preemption Of North Carolina Driver’S Licenses For Daca Grantees, Tung Sing Wong

Hamline Law Review

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Fighting On Too Many Fronts: Concerns Facing Elderly Veterans In Navigating The United States Department Of Veterans Affairs Benefits System, Benjamin P. Pomerance

Hamline Law Review

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The Calamity Of Community Benefit: Redefining The Scope And Increasing The Accountability Of Minnesota’S Nonprofit Hospitals, Theodore J Patton

Hamline Law Review

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Immigration After Doma: How Equal Is Marriage Equality?, John Medeiros

Journal of Public Law and Policy

Nearly 36,000 United States citizens are currently living with their foreign-born same-sex partners. Until recently, same-gendered binational spouses have been unable to avail themselves of the immigration advantages shared by their heterosexual counterparts, largely because of Section 3 of the Defense of Marriage Act (DOMA), which defines “marriage” at the federal level as “a legal union between one man and one woman.” This dual treatment changed, however, in the summer of 2013, when the Supreme Court heard the case of United States v. Windsor, which challenged Section 3 of DOMA. In Windsor, the Court held that by restricting …

When Ferae Naturae Attack: Public Policy Implications And Concerns For The Public And State Regarding The Classification Of Indigenous Wildlife As Interpreted Under State Immunity Statutes, L. Reagan Florence

Journal of Public Law and Policy

Generally, most states have Immunity Statutes that grant municipal entities, and the government, immunity from particular tort-suit liabilities. Every state has a varied list of elements and factors that fall under particular municipality protection. One such protection is for when injuries arise from a “natural condition”, which has been interpreted to include many natural elements like: a rushing river; an avalanche, falling rocks, heavy rain, etc. But what about wildlife—especially indigenous wildlife? This article examines a case recently decided by the Utah Supreme Court, which involved the horrific story of an 11-year-old boy who was stolen from his tent by …

Snopa And The Ppa: Do You Know What It Means For You? If Snopa (Social Networking Online Protection Act) Or Ppa (Password Protection Act) Do Not Pass, The Snooping Could Cause You Trouble, Angela Goodrum

Journal of Public Law and Policy

This article discusses the importance of passing the Social Networking Online Protection Act and the Password Protection Act to afford vital protection against discrimination in hiring and admission decisions. Existing laws fail to adequately provide protection against discrimination after the advent of social media. Furthermore, failure to provide to provide protection via federal laws will create a disparity in the protection afforded individuals across the United States.

Social media has introduced a new world of opportunities for sharing, networking, but it has also created ample opportunities for others to snoop around, discriminate, and base their hiring or admission decisions, in …

“Sharing” Copyrights: The Copyright Implications Of User Content In Social Media, Jessica Gutierrez Alm

Journal of Public Law and Policy

Copyright law in America, in its current stage of development, does not sit well with common social media practices. This article explores the copyright implications of user content on social media platforms, such as Facebook, Twitter, and Pinterest. It first examines the copyrightability of "user-generated" content, and the broad licenses that users grant by agreeing to the vague Terms of Use that social media sites set forth. The article then looks to "user-found" content and activities such as "sharing" or "pinning" the creative works of others. Through these practices and conflicting Terms of Use, social media websites both encourage and …

Bringing America Back To The Future: Reclaiming A Principle Of Honesty In Property And Ip Law, Joshua J. Schroeder

Journal of Public Law and Policy

Seemingly undaunted by global market crisis, intangible assets have continued their course toward maximization as an absolute form of property. In fact, companies worldwide have been criticized for not claiming hundreds of billions of dollars of intangible value including their marketplace goodwill.[1] Overvalued intangible property can be a negative effect on pension funds, retirement and stock prices in general.[2] Shareholders have very little recourse when public businesses write off bad acquisitions of intangibles worth billions. The problem has infected our government to the highest levels. For instance, in 2011, the U.S. treasury's valuation of the U.S. varied by $2 trillion …

Exercising Caution Before Action: What Employers Need To Know Before Implementing The Nlrb General Counsel's Approved Social Media Policy, Molly Considine

Hamline Law Review

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Need I Prove More: Why An Adverse Employment Action Prong Has No Place In A Failure To Accomodate Disability Claim, Megan I. Brennan

Hamline Law Review

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The Border Battle: North Dakota's Suit Against Minnesota And The Future Of The Next Generation Energy Act, Thomas Braun

Hamline Law Review

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Resolving The Bahr-Hebert-Franklin Paradox: Considerations For Applying Twombly And Its Progeny To Pleading And Rule 12 Motion Practice In Minnesota's State Courts, Paul E. D. Darsow

Hamline Law Review

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New Wine In An Old Bottle: How Minnesota's Receivership Statute Can Promote Both Efficiency And Equity, Jenny Bourne

Hamline Law Review

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Should Minnesota Recognize A State Constitutional Right To A Criminal Appeal?, Stan Keillor

Hamline Law Review

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Exempting Air Quality Permits May Just Help Reduce Greenhouse Gas Emissions: Sf 1567 And Anaerobic Manure Digestion In Minnesota, Corinne H. Wright

Hamline Law Review

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