Digital Commons Network^™

What If Criminal Lawmaking Becomes Trustworthy?, Zachary S. Price

Journal of Criminal Law and Criminology

One common theoretical perspective posits that courts should assume a counter-majoritarian role in criminal law because the political process systematically disfavors the interests of criminal suspects and defendants. Recent shifts in the politics of crime complicate this perspective’ s assumptions, raising the paradoxical possibility that welcome improvements in the politics of crime will weaken the theoretical case for counter- majoritarian judicial decisions. This Article tentatively considers whether, if at all, courts’ interpretive approach should change in response to any continuing moderation of historic “tough on crime” politics. It suggests that while arguments for narrow construction of criminal statutes will remain …

Excessive Force In Prison, Sharon Dolovich

Journal of Criminal Law and Criminology

Any time a correctional officer (CO) physically assaults someone in prison, their conduct demands an especially compelling justification and robust ex post scrutiny. Instead, governing Eighth Amendment doctrine almost entirely defers to COs’ own judgments as to the need for force. This highly deferential approach is especially ill advised given the institutional culture of the modern American prison, which systematically demonizes and dehumanizes people in custody and thus primes COs to use violence unnecessarily. Even a standard of “objective unreasonableness” would not suffice to prevent case outcomes from reflecting a callous indifference to the safety of people in prison. What …

Rubbing Salt Into The Wound: Environmental Injustices In Prisons And The Difficulties Of Obtaining Relief, Savannah Markel

Journal of Criminal Law and Criminology

American prisons are often built near or on environmentally hazardous lands. Not only do prison locations affect prisoners’ health and well-being, but deteriorating confinement conditions exacerbate such safety and wellness risks. In seeking justice for these environmental violations, prison litigants often choose to raise claims under the Eighth Amendment’s Cruel and Unusual Punishment Clause. However, the Clause requires litigants to meet an extremely high—indeed, near-impossible—bar to succeed on their claims. Environmental justice advocates have proposed an alternative remedy which calls on the Environmental Protection Agency (EPA) to regulate environmental injustices in prisons. This Comment analyzes the difficulties of raising an …

Ai-Ip? Copyright In An Age Of Internet Propaganda With Artificial Intelligence, Sonya Saepoff

Cybaris®

No abstract provided.

Fur Farms: Animal Cruelty In The Fashion Industry, Gabriela Gutierrez

Student Works

No abstract provided.

State Regulation Of Cultured Meat: Would A Meat By Any Other Name Taste As Good?, Ethan Granoff

Student Works

No abstract provided.

United States Of America Needs To Learn From The World: "Nonhuman Legal Personhood" - The Right Of Animals, Tiya Singh

Student Works

No abstract provided.

Getting Paid To Watch Grass Grow, Maddison J. Hueter

Student Works

No abstract provided.

An Issue Of Intent: The Struggles Of Proving Genocide, Nicholas Owens

Student Works

No abstract provided.

The Persistent Treatise, Dana Neacsu, Paul Douglas Callister

Law Faculty Publications

The legal treatise remains a pillar of the American legal system and the rule of law, despite claims it might be dying and variations in quantitative citations to treatises over time. Indeed, several treatises evidence increased citation in U.S. Supreme Court opinions during the last several decades. Surprisingly, the U.S. Supreme Court, including the Robert’s Court in Dobbs v. Jackson Women’s Health Organization, increasingly sees fit to rely on proto-treatises, such as Bracton, Coke, and Blackstone. This article provides empirical data and qualitative analysis to support this claim, highlighting the sometimes declining but nevertheless significant presence of treatises in …

Financing Climate Change Through A Racial Capitalism Lens, James T. Gathii

Faculty Publications & Other Works

In this Essay, I argue that the climate crisis has provided the global finance industry an opportunity to make exorbitant profits from majority Black and Brown countries in the Global South. I show how the global finance industry is leveraging its muscle over climate-vulnerable and heavily indebted countries in the Global South through complex financial transactions. These transactions commodify nature and the biodiversity resources of these Global South countries. In return, these Global South countries borrow capital to address the climate crisis and to pay off their debts. This borrowing that invariably comes at high interest rates, especially through bond …

The Ontological Expansiveness Of “Parental Rights” Rhetoric In K–12 Public Schools, Sacha M. Coupet, Kai Scott

Faculty Publications & Other Works

No abstract provided.

Tribal Law: It's Not That Scary, Adam Crepelle

Faculty Publications & Other Works

Tribal law is often presented in a negative light. Indeed, the Supreme Court's skepticism about tribal law has resulted in severe limitations on tribal jurisdiction. This Article challenges perceptions of tribal law by surveying tribal law. While tribal law does rely on tribal customs, tribal law is largely consistent with mainstream American law. Tribal laws are often modeled on state codes or the Restatement.

This Article contends tribal law mirrors western law for two primary reasons-efficiency and legitimacy. Regarding efficiency, borrowing a western law is easier than creating a law from scratch; plus, many laws are common across cultures. A …

‘News Reporting On Possible Origins Of The Covid-19 Pandemic: A Critical Review And Case Study’, Raya M. Fanuzzi

Undergraduate Theses, Professional Papers, and Capstone Artifacts

This project is a critical analysis of news reports that discuss the potential origins of the 'COVID-19' pandemic for the purposes of identifying themes and trends in the actual reporting. Around 500 news reports published in the U.S. were analyzed and over 100 of them were selected for the critical review. Articles were found using 'Access News Archive' and Google search engine. Original methods for analyzing and reviewing articles were developed and used. A case study is included aside from the review which focuses specifically on trends in fact-check reporting during the pandemic.

On The Rights Of Sentient Beings: The Case For Expanding Due Process Of Law To Non-Human Animals, John Bolliger

Mitchell Hamline Law Review

No abstract provided.

Virtual Justice: Criminalizing Avatar Sexual Assault In Metaverse Spaces, Olivia Bellini

Mitchell Hamline Law Review

No abstract provided.

Steel Or Sand? Protecting The Indiana Dunes Through Community Activism, The National Park Service, And The Clean Water Act, Sophie Hill

Mitchell Hamline Law Review

No abstract provided.

An Unlikely Hero: How Pigs Will Save Minnesota's Newest Clean Energy Law From Commerce Clause Scrutiny, Marley Jones

Mitchell Hamline Law Review

No abstract provided.

Please, Help Yourself: A Best Practice Model Analysis On The Self-Represented Litigants In America's Legal System, Linnea G. Coltvet

Mitchell Hamline Law Review

No abstract provided.

Exercising The Right Of Self-Rule: Tribal Constitutional Law And Customary Law, Kekek Jason Stark

Mitchell Hamline Law Review

No abstract provided.

Death And Discretion: Some Thoughts On Living, Barry Sullivan

Faculty Publications & Other Works

Fifty years ago, James Boyd White inspired a quiet revolution in the world of legal studies. He encouraged lawyers to think more deeply about questions of law and justice by drawing upon the humanities, which provided sources and methods well beyond those that the legal academy then recognized as legitimate ways of thinking and talking about law. Among other things, Professor White insisted that there was a morality to authentic legal argument and decision making that required a close and engaged reading of texts, an understanding of community, and an openness to being persuaded by others. It was a courageous …

Artificial Intelligence And Intellectual Property In Healthcare Technologies, Charlotte A. Tschider, Cynthia M. Ho

Faculty Publications & Other Works

No abstract provided.

Establishing A Future-Proof Framework For Ai Regulation: Balancing Ethics, Transparency, And Innovation, Marcia Narine Weldon, Gabrielle Thomas, Lauren Skidmore

Transactions: The Tennessee Journal of Business Law

No abstract provided.

The Cryptocurrency Two-Step: How The Cftc’S Wins In Mcdonnell, My Big Coin Pay, And Monex Eroded The Agency’S Jurisdictional Limits, Jonathan R. Romeo

Student Works

No abstract provided.

Prior Conviction Sentencing: Allowing State Law To Guide The Definition Of “Controlled Substance” Under 4b1.2, Gabrielle Grillo

Student Works

No abstract provided.

A Moral Crusade: From Crates To National Cohesion, Madeleine Kardek

Student Works

No abstract provided.

The Ministerial Exception As Both The Floor And The Ceiling: Conforming State Religious Exemptions To The Ministerial Exception, Jessica Masi

Student Works

No abstract provided.

Platonic, Thomistic, And Lockean Thought And The Law On Solitary Confinement, Matthew D. Schwartz

Student Works

No abstract provided.

Ecocide: Does The Quest For Environmental Justice End At The International Criminal Court?, Allison King

Student Works

No abstract provided.

School Pronoun Policy Divide: How The Expansion Of Free Exercise May Help Teachers Challenge Mandatory Student Pronoun Reporting Policies, Mathew Mazer

Student Works

No abstract provided.