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The Migration Of Abolition Theory, Matthew Boaz

Law Faculty Scholarly Articles

This Article considers whether and how theories of abolition developed by criminal law scholars are transferrable to the realm of immigration enforcement. A key question is how abolitionist principles might be employed in support of critiques of the United States’ immigration regulatory regime in the same way that these principles have been deployed in denouncing racialized policing and an injurious, industrialized prison system.

This Article makes two contributions: First, it identifies and illuminates a methodology adopted by critical and decarceral criminal law scholars: (i) denouncing the harms of a structural system, (ii) identifying the normative justification(s) for this system, and …

Space For The Departed: Burial, Land Scarcity, And Bone-Ash Apartments In China, Xinyi Wu

Pitzer Senior Theses

The rise of bone ash apartments in China reflects a layered response to urban land scarcity, shifting funeral policies, and real estate speculation. As the state mandates cremation and restricts private cemetery development, traditional burial customs are increasingly reshaped by spatial limitations, economic pressures, and political regulation.

For some families, bone ash apartments function as modern ancestral halls—domestic spaces for remembrance and ritual continuity. For others, they represent a pragmatic investment strategy, offering long-term storage of ashes within assets that retain market value.

This thesis examines how urban planning, state funeral policy, real estate dynamics, and the disintegration of neighborhood …

Bailing Out Biometrics, Chinmayi Sharma, Elijah Gordon

Faculty Scholarship

In 2023, hackers breached 23andMe and extracted the biometric and genealogical data of nearly seven million people. By 2025, that data-originally offered up in the spirit of medical discovery and consumer empowerment-was being auctioned off in bankruptcy court as a corporate asset. The breach exposed more than technical lapses or governance failures. It revealed a structural gap in how the law understands, regulates, and protects biometric identity. Biometric data is intimate, immutable, and implicates human dignity and autonomy. And yet, the legal frameworks most often tasked with protecting it-tort, contract, and even modern privacy statutes-have consistently failed to impose meaningful …

Minimal Rationality And The Law Of Evidence, Ronald J. Allen, Michael S. Pardo, William J. Lawrence, Christopher K. Smiciklas

Journal of Criminal Law and Criminology

For more than a century, one of the pillars upon which the law of evidence was thought to rest is that the primary (although by no means exclusive) objective of the law of evidence is to further accurate fact-finding by maximizing the rationality of the evidentiary process. The crux of this pillar is that the law of evidence increases rationality (and thereby increases accuracy) through admissibility rules that (1) require reliable evidence, and (2) behave paternalistically toward jurors and their cognitive abilities. This Article aims to supplant this pillar by showing that the law of evidence pursues minimal, not maximal, …

Determining The Content And Meaning Of Foreign Law: The Approach Of The New Third Restatement Of Conflict Of Laws, Christopher A. Whytock

Emory International Law Review

No abstract provided.

The Advertising Pipeline: Priming Today’S Youth To Be Tomorrow’S Heavy Rollers, Alison Opdyke

Student Works

No abstract provided.

What’S So Compelling About Diversity Anyway?: How The Affirmative Action Diversity Rationale Was Built To Fail Under Today’S Equal Protection Doctrine, Fariza Hassan

Minnesota Journal of Law & Inequality

No abstract provided.

A New Johnson Amendment: Subsidy, Core Political Speech, And Tax-Exempt Organizations, Samuel D. Brunson

Faculty Publications & Other Works

Seven decades ago, Congress enacted the so-called Johnson Amendment. This provision of tax law forbids tax-exempt public charities from endorsing or opposing candidates for office. Under the plain language of the Internal Revenue Code, an organization that violates the Johnson Amendment does not qualify as tax-exempt.

The legislative history underlying the Johnson Amendment is sparse, and it provides few clues as to Congress’s reason for enacting it. In the ensuing years, though, it has become clear that Congress does not want to subsidize campaigning activities, and this has become the most convincing justification for the Johnson Amendment. However, the design …

Robots And (Indian) Reservations: A Jurisdictional Nightmare Waiting To Happen, Adam Crepelle

Faculty Publications & Other Works

Advances in artificial intelligence are expanding the possibilities of robots. Indeed, robots are now engaging in numerous activities previously thought to require human cognition, such as driving cars and diagnosing diseases. Scholars have published numerous articles examining the intersection of law and robots across myriad fields. However, legal scholarship has yet to explore the relationship between robots and federal Indian law. This is a significant oversight because there are 574 federally recognized tribes and over fifty-six million acres of Indian country. Thus, legal issues involving tribes and robots are inevitable. This is the first law review article dedicated to exploring …

Survivors Speak Out: Analyzing Minnesota's Anti-Slapp Law Through The Lens Of Johnson V. Freborg, Taylor Anderson

Mitchell Hamline Law Review

No abstract provided.

Filling The Gaps: How An Environmental Rights Amendment Can Save Minnesota's Shorelines, Christine Gale

Mitchell Hamline Law Review

No abstract provided.

The Gadfly Of The Dormant Commerce Clause: The Persistence Of The Extraterritoriality Doctrine After National Pork Producers Council V. Ross, Karl Morton Badger

Mitchell Hamline Law Review

No abstract provided.

Medical Review Officers And The Limits Of Judicial Review, Leonard C. Brahin

Mitchell Hamline Law Review

In the public imagination, defenders of our national security wear military garb. But the individuals who determine their fitness-for-duty wear white coats. The unenviable task of assessing those who make up our national security workforce is carried out by a group of independent physicians who must make nuanced determinations about illicit drug and alcohol use by government employees. In addition to testing roles that may seem unexciting, like accountants and auditors, medical review officers (MROs) are tasked with ensuring employees of nuclear power plants and commercial drivers are fit for duty. In doing so, they rely on their experience, expertise, …

Generative Ai As Courtroom Evidence: A Practical Guide, Neal Feigenson, Brian Carney

Mitchell Hamline Law Review

No abstract provided.

The Fortunate Demise Of Sec Staff Legal Bulletin No. 14l, Raffaele Felicetti

Fordham Journal of Corporate & Financial Law

In 2021, the SEC published its now rescinded Staff Legal Bulletin No. 14L (“the 2021 Bulletin”), revising its interpretations of the “ordinary business” and “economic relevance” exclusions under Rule 14a-8. This Article contends that the post-Bulletin landscape has proven undesirable. It empirically shows that environmental and social (“E & S”) shareholder proposals—including anti-E&S proposals—surged in response. Between 2022 and 2024 alone, E & S proposals accounted for 40% of all such filings in Russell 3000 companies over the entire 2014-2024 period, generating an estimated $23.3 million in additional processing costs for companies during that three-year window. Despite their volume, these …

Beyond A Boundary Of Systemic Anti-Black Racism In The Workplace In Canada, Adelle Blackett

Dalhousie Law Journal

In this lecture, I will, however, focus on one of the legacies of slavery, that is, the largely untold story of racial segregation in the world of work in Canada. We have come so effectively, and rightly, to focus on the effects of discrimination, that we may have inadvertently walked past the history. Reclaiming this history will comprise the first part of my talk.

The second part of my talk will reference the emergence of the duty of fair representation. I will seek to illustrate the weight of the erasure of anti-Black racism through this duty. In other words, far …

The European Union’S Leadership In Regulating Artificial Intelligence: The Danger In Allowing U.S. Corporations To Self-Determine That Their Chosen Ai Systems Do Not Fall Within The High-Risk Category, Anthony M. Schlass

Student Works

No abstract provided.

Technology Is Booming And The Law Is Not: Why Ai Machines And Creators Must Be Awarded Copyright Authorship, Aditya Mishra

Student Works

No abstract provided.

Scythian Spoils: Cultural Property Law And Antiquities Looting During The War In Ukraine, Charles Buschmann

Student Works

No abstract provided.

Murphy V. Ncaa: Altering The Professional Sports Landscape, Jack Treacy

Student Works

No abstract provided.

Free Exercise Challenges To Entheogen Prohibitions: Precedents, Principles, And Issues, Kevin Chamow

Student Works

No abstract provided.

Essential But Unvalued: Incarcerated Workers Deserve The Same Standards And Protections As Free Workers., Lisa Roe

Student Works

No abstract provided.

“To See Or Not To See: The Supreme Court’S Constant Struggle With The Constitutionality Of Race-Conscious Affirmation Action Policies Post-Brown.”, Emme Anderson

Student Works

No abstract provided.

Showdown In The Black Hills: The Sioux Nation’S Continued Land Claims Battle Against The Us Government, Kevin Mckenzie

Student Works

No abstract provided.

Lewd, Rude, Obscene, And… Violent? Analyzing Student Clothing Depicting Firearms Under The First Amendment’S Obscenity Test, Luke Gorman

Dickinson Law Review (2017-Present)

Today’s national news and social media have repeatedly exposed our school-age children to the effects of shootings occurring within their schools and communities. Each shooting brings with it commentary, sometimes from the students themselves. While in-school student speech is more limited than speech levied in the outside world, students do not shed their speech rights at the “schoolhouse gate.” As a result, courts have failed to outline a consistent approach for when a student will be punished for wearing a shirt depicting a firearm to school. This Comment addresses this delicate balance by proposing a consistent three-part test framed by …

Biodiversity Conservation And The Ever-Expanding Web Of Federal Laws Regulating Nonfederal Lands: Time For Something Completely Differenct?, J.B. Ruhl

University of Colorado Law Review

No abstract provided.

Policing After Slavery: Race, Crime, And Resistance In Atlanta, Jonathon J. Booth

University of Colorado Law Review

No abstract provided.

Abundance And Other Food Fixations, Margot J. Pollans

University of Colorado Law Review

No abstract provided.

Medicalization Of Education: Applied Behavioral Analysis In Colorado's Schools, Zachary Quaratella

University of Colorado Law Review

No abstract provided.

Cultivating Hope: A Future With Ethics Towards People And Places, Vanessa Ann Racehorse

University of Colorado Law Review

No abstract provided.