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The Impact Of The Covid-19 Pandemic On The Care And Treatment Of Pregnant, Birthing, And Postpartum People In Prisons In The United States, Amanda Corbett, Ingie Osman, Alexus Roane, Allison D. Crawford, Anne Siegler, Rebecca Shlafer 2023 University of St. Thomas, Minnesota

The Impact Of The Covid-19 Pandemic On The Care And Treatment Of Pregnant, Birthing, And Postpartum People In Prisons In The United States, Amanda Corbett, Ingie Osman, Alexus Roane, Allison D. Crawford, Anne Siegler, Rebecca Shlafer

University of St. Thomas Law Journal

No abstract provided.


Wholesale-Level Clemency: Reconciling The Pardon And Take Care Clauses, Paul J. Larkin 2023 University of St. Thomas, Minnesota

Wholesale-Level Clemency: Reconciling The Pardon And Take Care Clauses, Paul J. Larkin

University of St. Thomas Law Journal

No abstract provided.


The Prerogative Of Mercy In Minnesota: Current Clemency Process And Recent Trends, Karl C. Procaccini 2023 University of St. Thomas, Minnesota

The Prerogative Of Mercy In Minnesota: Current Clemency Process And Recent Trends, Karl C. Procaccini

University of St. Thomas Law Journal

No abstract provided.


Redeemed, Gina Evans 2023 University of St. Thomas, Minnesota

Redeemed, Gina Evans

University of St. Thomas Law Journal

No abstract provided.


Clemency: Redeeming The Soul Of America, Cynthia W. Roseberry 2023 University of St. Thomas, Minnesota

Clemency: Redeeming The Soul Of America, Cynthia W. Roseberry

University of St. Thomas Law Journal

No abstract provided.


An Introduction To Clemency's Importance, Mark Osler 2023 University of St. Thomas

An Introduction To Clemency's Importance, Mark Osler

University of St. Thomas Law Journal

No abstract provided.


The New Intersectional And Anti-Racist Lbgtqia + Politics: Some Thoughts On The Path Ahead, Mark Spindelman 2023 The University of Akron

The New Intersectional And Anti-Racist Lbgtqia + Politics: Some Thoughts On The Path Ahead, Mark Spindelman

ConLawNOW

This article examines the changes to LGBTQIA+ consciousness and the politics they are producing. One result of these consciousness shifts is the increasing number of LGBTQIA+-identified people and organizations reconstituting themselves, their identities, and their politics around pro-Black, anti-racist positions, and doing so as foundational elements of their LGBTQIA+ liberation work. At the same time as these developments are unfolding, however, they are on a collision course with emergent social conservative positions and obstacles. These obstacles include developments at a Supreme Court that is increasingly deciding based on constitutional originalism. This article begins to show how the Court’s conservative originalism …


Upholding The Domestic Violence Firearm Prohibitors Under Bruen’S Second Amendment, Samantha L. Fawcett 2023 Duke Law

Upholding The Domestic Violence Firearm Prohibitors Under Bruen’S Second Amendment, Samantha L. Fawcett

Duke Journal of Constitutional Law & Public Policy Sidebar

Federal law prohibits individuals subject to a domestic violence protective order (§ 922(g)(8)) or convicted of domestic violence misdemeanors (§ 922(g)(9)) from possessing firearms. Before New York State Rifle and Pistol Association v. Bruen, these commonsense gun laws had generally been considered uncontroversial, both in terms of their broad popular support and their constitutionality under the Second Amendment. In Bruen, however, the Supreme Court held that when a regulation burdens a Second Amendment right, the regulation must be consistent with American historical tradition, meaning that the regulation must be analogous to a pattern of historical firearm regulation.

After …


Historic Preservation: Launched From Grand Central Terminal, But Derailing, Kraz Greinetz 2023 Duke Law

Historic Preservation: Launched From Grand Central Terminal, But Derailing, Kraz Greinetz

Duke Journal of Constitutional Law & Public Policy Sidebar

In Penn Central Transportation Co. v. City of New York, the Supreme Court authorized the practice of historic preservation. Ruling that when a city designates a building as "historic" and therefore restricting its development, it is not a "taking" of private property that requires just compensation under the Fifth Amendment. Since that time, historic preservation has proliferated in America's cities. But it's time for another look. Since Penn Central was decided, the facts and law of property regulation in the United States have changed. And the decision, which was wrong from an originalist perspective when it was decided, has …


Ysleta Del Sur Pueblo V. Texas, Sawyer J. Connelly 2023 University of Montana

Ysleta Del Sur Pueblo V. Texas, Sawyer J. Connelly

Public Land & Resources Law Review

The United States Supreme Court ruled in favor of the Ysleta Del Sur Pueblo and Alabama and Coushatta Indian Tribes. The Court’s decision settles a conflict around bingo stemming from a long series of conflicts between Ysleta del Sur Pueblo and Texas gaming officials dating back to the 1980s. The court held the Texas Restoration Act bans only gaming on tribal lands that is also banned in Texas. This decision upholds previous caselaw that states cannot bar tribes from gaming that is not categorically banned in the state.


Environmental Defense Center V. Bureau Of Ocean Energy Management, Eliot M. Thompson 2023 University of Montana

Environmental Defense Center V. Bureau Of Ocean Energy Management, Eliot M. Thompson

Public Land & Resources Law Review

The United States Court of Appeals for the Ninth Circuit upheld the district court’s grants of summary judgment and injunctive relief against BOEM for violating the ESA and CZMA. The Ninth Circuit found BOEM violated NEPA, CZMA, and the APA by failing to adequately consider the environmental impacts of well stimulation treatments. The Ninth Circuit also reversed the lower court’s grant of summary judgment against the Environmental Defense Center for their NEPA claims.


Metlakatla Indian Community V. Dunleavy, Elizabeth L. Orvis 2023 University of Montana

Metlakatla Indian Community V. Dunleavy, Elizabeth L. Orvis

Public Land & Resources Law Review

The United States Court of Appeals for the Ninth Circuit reversed the District Court of Alaska’s judgment that dismissed the Metlakatla Indian Community’s suit against Alaska’s limited entry program. On appeal, the Ninth Circuit addressed whether and to what extent the 1891 Act preserved an implied off-reservation fishing right for members of the Metlakatla Indian Community. The Ninth Circuit ruled in favor of the Metlakatla Indian Community but remanded to the district court to determine the boundaries of the traditional off-reservation fishing grounds. Motions for rehearing and rehearing en banc were denied.


Fool Me Once … Why The American Data Privacy Act Proposal Fails To Adequately Deter Data Privacy Violations, Melissa Mann 2023 Saint Louis University School of Law

Fool Me Once … Why The American Data Privacy Act Proposal Fails To Adequately Deter Data Privacy Violations, Melissa Mann

SLU Law Journal Online

The recent Supreme Court decision of Dobbs v. Jackson Women's Health Organization raises many questions regarding the privacy of health data. In this article, Melissa Mann discusses some concerns that may arise with the use health applications to track personal data and potential privacy laws that could be enacted to protect these users.


Minnesota Dep’T Of Nat. Res. V. Manoomin, Anna Belinski 2023 University of Montana

Minnesota Dep’T Of Nat. Res. V. Manoomin, Anna Belinski

Public Land & Resources Law Review

In 2021 manoomin (wild rice), a legally recognized person in White Earth Band tribal law, brought a case in White Earth Band of Ojibwe Tribal Court against the Minnesota Department of Natural Resources. Wild rice brought this case against the Minnesota Department of Natural Resources’ over its issuance of a water permit to Enbridge Inc. for the construction of the Line 3 oil pipeline. Though ultimately ruling that the Tribal Court did not have subject matter jurisdiction because the activity at issue occurred by non-Indians outside of the reservation boundaries, this case still brings a novel consideration in the tribal …


Sacred Spheres: Religious Autonomy As An International Human Right, Diana V. Thomson, Kayla A. Toney 2023 The Catholic University of America, Columbus School of Law

Sacred Spheres: Religious Autonomy As An International Human Right, Diana V. Thomson, Kayla A. Toney

Catholic University Law Review

How should courts resolve thorny human rights disputes that arise within religious groups? According to an emerging international consensus, they shouldn’t. When a case involves sensitive internal decisions by a religious organization, such as choosing who is qualified to teach the faith, courts are increasingly taking a hands-off approach. This global consensus has formed across international treaties, tribunals, and domestic courts in European and American nations. Every major human rights instrument and many international and domestic courts recognize that religious freedom must extend to religious communities, especially houses of worship and schools where believers gather to practice their faith and …


Abortion In America After Roe: An Examination Of The Impact Of Dobbs V. Jackson Women’S Health Organization On Women’S Reproductive Health Access, Natalie Maria Caffrey 2023 Trinity College

Abortion In America After Roe: An Examination Of The Impact Of Dobbs V. Jackson Women’S Health Organization On Women’S Reproductive Health Access, Natalie Maria Caffrey

Senior Theses and Projects

This thesis will examine the limitations in access to abortion and other necessary reproductive healthcare in states that are hostile to abortion rights, as well as discuss the ongoing litigation within those states between pro-choice and pro-life advocates. After analyzing the legal landscape and the different abortion laws within these states, this thesis will focus on the practical consequences of Dobbs on women’s lives, with particular attention to its impact on women of color and poor women in states with the most restrictive laws. The effect of these restrictive laws on poor women will be felt disproportionately due to their …


The Departure From The Original Intent Of The 14th Amendment, Johnny B. Davis 2023 Liberty University

The Departure From The Original Intent Of The 14th Amendment, Johnny B. Davis

Helm's School of Government Conference

No abstract provided.


Ordered Liberty: The Guardian Of Justice, Bessie Blackburn, Mary Prentice, Colton Grellier 2023 Liberty University

Ordered Liberty: The Guardian Of Justice, Bessie Blackburn, Mary Prentice, Colton Grellier

Helm's School of Government Conference

No abstract provided.


When Life Begins: A Case Study Of The Unitarian Universalism Faith And Its Potential To Combat Anti-Abortion Legislation, Jennifer O'Rourke 2023 University of Cincinnati College of Law

When Life Begins: A Case Study Of The Unitarian Universalism Faith And Its Potential To Combat Anti-Abortion Legislation, Jennifer O'Rourke

University of Cincinnati Law Review

No abstract provided.


Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, Katie Cassady 2023 Liberty University

Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, Katie Cassady

Helm's School of Government Conference

Although only four departments at the United States’ founding, the American bureaucracy has expanded to address nearly every issue of public life. While these agencies are ostensibly under congressional oversight through monetary allowance and the supervision of the President as part of the executive branch, they consistently usurp their discretionary authority and bypass the Founders’ design of legislative power vested solely in a bicameral legislature.

The Supreme Court holds an indispensable role in mitigating the overreach of bureaucratic agencies. However, despite their obligation to protect the rights of the American people, the courts’ inability to hold bureaucrats accountable has diluted …


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