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Articles 1 - 30 of 47
Full-Text Articles in Law
Protecting The Profession Through The Pen: A Proposal For Liberalizing Aba Model Rule Of Professional Conduct 5.4 To Allow Multidisciplinary Firms, Candace M. Groth
Protecting The Profession Through The Pen: A Proposal For Liberalizing Aba Model Rule Of Professional Conduct 5.4 To Allow Multidisciplinary Firms, Candace M. Groth
Hamline Law Review
abstract
2014 Hamline School Of Law Commencement Address, James L. Chosy
2014 Hamline School Of Law Commencement Address, James L. Chosy
Hamline Law Review
abstract
2013 National Lawyers Convention: Intellectual Property: Intellectual Property, Free Markets, And Competition Policy, John F. Duffy, Richard A. Epstein, Joshua D. Sarnoff, Joshua D. Wright, Douglas Ginsburg
2013 National Lawyers Convention: Intellectual Property: Intellectual Property, Free Markets, And Competition Policy, John F. Duffy, Richard A. Epstein, Joshua D. Sarnoff, Joshua D. Wright, Douglas Ginsburg
Hamline Law Review
abstract
In-House Counsel Should Implement Servant Leadership To Help Clients Make Values-Based Decisions, Chuck Barry, Kristin Kunz
In-House Counsel Should Implement Servant Leadership To Help Clients Make Values-Based Decisions, Chuck Barry, Kristin Kunz
Hamline Law Review
abstract
Career Advice For New In-House Lawyers, Faraz Choudhry
Dean's Remarks, Jean F. Holloway
Implications For The Mille Lacs Lake Fishery With Continued Enforcement Of The 1837 Treaty Of St. Peters, Matthew Steffes
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
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
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
abstract
Understanding Bobadilla V. Holder: A Pragmatic Approach To Analyzing Crimes Involving Moral Turpitude For Eighth Circuit Attorneys, Jocelyn E. Bremer
Understanding Bobadilla V. Holder: A Pragmatic Approach To Analyzing Crimes Involving Moral Turpitude For Eighth Circuit Attorneys, Jocelyn E. Bremer
Hamline Law Review
abstract
Resisting Putting The Cat In The Bag: The Case Against Extending Minnesota's Dog Attack Strict Liability Statute To Cats, Julianna Passe
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
abstract
The Threat To Interest-Free Home Financing: The Problem Of State Governments' Prohibition Of Islamic-Compliant Financing Agreements, Matt Anderson
The Threat To Interest-Free Home Financing: The Problem Of State Governments' Prohibition Of Islamic-Compliant Financing Agreements, Matt Anderson
Hamline Law Review
abstract
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
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
abstract
(Don’T) See More Butts: Preemption And Local Regulation Of Cigarette Litter, Mike Freiberg
(Don’T) See More Butts: Preemption And Local Regulation Of Cigarette Litter, Mike Freiberg
Hamline Law Review
abstract
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
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
abstract
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
abstract
Branded To Drive: Obstacle Preemption Of North Carolina Driver’S Licenses For Daca Grantees, Tung Sing Wong
Branded To Drive: Obstacle Preemption Of North Carolina Driver’S Licenses For Daca Grantees, Tung Sing Wong
Hamline Law Review
abstract
Fighting On Too Many Fronts: Concerns Facing Elderly Veterans In Navigating The United States Department Of Veterans Affairs Benefits System, Benjamin P. Pomerance
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
abstract
The Calamity Of Community Benefit: Redefining The Scope And Increasing The Accountability Of Minnesota’S Nonprofit Hospitals, Theodore J Patton
The Calamity Of Community Benefit: Redefining The Scope And Increasing The Accountability Of Minnesota’S Nonprofit Hospitals, Theodore J Patton
Hamline Law Review
abstract
Immigration After Doma: How Equal Is Marriage Equality?, John Medeiros
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
“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 …
Need I Prove More: Why An Adverse Employment Action Prong Has No Place In A Failure To Accomodate Disability Claim, Megan I. Brennan
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
abstract
The Border Battle: North Dakota's Suit Against Minnesota And The Future Of The Next Generation Energy Act, Thomas Braun
The Border Battle: North Dakota's Suit Against Minnesota And The Future Of The Next Generation Energy Act, Thomas Braun
Hamline Law Review
Abstract
Should Minnesota Recognize A State Constitutional Right To A Criminal Appeal?, Stan Keillor
Should Minnesota Recognize A State Constitutional Right To A Criminal Appeal?, Stan Keillor
Hamline Law Review
abstract