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Articles 1 - 28 of 28
Full-Text Articles in Law
Uncle Sam Wants You, Unless You’Re Trans: How Greene V. Mcelroy Allows Discrimination In The Military, Amy Vedder
Uncle Sam Wants You, Unless You’Re Trans: How Greene V. Mcelroy Allows Discrimination In The Military, Amy Vedder
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Problematic Private Immigration Detention Centers And The Lack Of Ice Oversight, Khou Yang
Problematic Private Immigration Detention Centers And The Lack Of Ice Oversight, Khou Yang
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
One Of The Greatest Human Tragedies Of Our Time: The U.N., Biden, And A Missed Opportunity To Abolish Immigration Prisons, Lauren E. Bartlett
One Of The Greatest Human Tragedies Of Our Time: The U.N., Biden, And A Missed Opportunity To Abolish Immigration Prisons, Lauren E. Bartlett
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
The Lynching Of George Floyd: Black Theology, Protest, And Racial Justice, Marguerite Hattouni Spencer
The Lynching Of George Floyd: Black Theology, Protest, And Racial Justice, Marguerite Hattouni Spencer
Mitchell Hamline Law Review
No abstract provided.
If You Can't Beat 'Em, Reform 'Em: Expanding Oversight Of Privately-Operated Immigrant Detention Centers, Katherine Rollins
If You Can't Beat 'Em, Reform 'Em: Expanding Oversight Of Privately-Operated Immigrant Detention Centers, Katherine Rollins
Mitchell Hamline Law Review
No abstract provided.
Trade Secrets And The Right To Information: A Comparative Analysis Of E.U. And U.S. Approaches To Freedom Of Expression And Whistleblowing, Sharon Sandeen, Ulla-Maija Mylly
Trade Secrets And The Right To Information: A Comparative Analysis Of E.U. And U.S. Approaches To Freedom Of Expression And Whistleblowing, Sharon Sandeen, Ulla-Maija Mylly
Faculty Scholarship
Both the EU Trade Secrets Directive and US trade secret law seek to balance the protection of trade secrets against other values, including freedom of expression, but the EU Trade Secret Directive is more explicit about the need to do so. This article examines EU and US trade secret law through the right to information, a recognized human right under the Universal Declaration of Human Rights and implementing laws and conventions. In particular, it discusses how principles of freedom of expression and whistleblowing should apply in the trade secret context in the EU and U.S.
Copyright And Human Rights In The Ballroom: A Minuet Between The United States And The Eu, Maria Lillà Montagnani, Alina Trapova
Copyright And Human Rights In The Ballroom: A Minuet Between The United States And The Eu, Maria Lillà Montagnani, Alina Trapova
Mitchell Hamline Law Review
No abstract provided.
Shaping Intellectual Property Rights Through Human Rights Adjudication: The Example Of The European Court Of Human Rights, Christophe Geiger, Elena Izyumenko
Shaping Intellectual Property Rights Through Human Rights Adjudication: The Example Of The European Court Of Human Rights, Christophe Geiger, Elena Izyumenko
Mitchell Hamline Law Review
No abstract provided.
Human Rights Laws And Authorship Norms, Roberta Rosenthal Kwall
Human Rights Laws And Authorship Norms, Roberta Rosenthal Kwall
Mitchell Hamline Law Review
No abstract provided.
Mentally Ill, Or Mentally Ill And Dangerous?: Rethinking Civil Commitments In Minnesota, Eliot T. Tracz
Mentally Ill, Or Mentally Ill And Dangerous?: Rethinking Civil Commitments In Minnesota, Eliot T. Tracz
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Identities In Critical Condition: The Urgent Need To Reevaluate The Investigation And Resolution Of Claims Of Medical Identity Theft, Stephanie Lindgren
Identities In Critical Condition: The Urgent Need To Reevaluate The Investigation And Resolution Of Claims Of Medical Identity Theft, Stephanie Lindgren
Mitchell Hamline Law Review
No abstract provided.
The Demand Side Of Sex Trafficking In Minnesota: The Who, Where, And Why—And What We Can Do About It, Erinn B. Valine
The Demand Side Of Sex Trafficking In Minnesota: The Who, Where, And Why—And What We Can Do About It, Erinn B. Valine
Mitchell Hamline Law Review
No abstract provided.
The Structural Underpinnings Of Access To Justice: Building A Solid Pro Bono Infrastructure, Latonia Haney Keith
The Structural Underpinnings Of Access To Justice: Building A Solid Pro Bono Infrastructure, Latonia Haney Keith
Mitchell Hamline Law Review
No abstract provided.
The Paradoxes Of Restitution, Mark A. Edwards
The Paradoxes Of Restitution, Mark A. Edwards
Faculty Scholarship
Restitution following mass dispossession is often considered both ideal and impossible. Why? This article identifies two previously unnamed paradoxes that undermine the possibility of restitution.
First, both dispossession and restitution depend on the social construction of rights-worthiness. Over time, people once considered unworthy of property rights ‘become’ worthy of them. However, time also corrodes the practicality and moral weight of restitution claims. By the time the dispossessed ‘become’ worthy of property rights, restitution claims are no longer practically or morally viable. This is the time-unworthiness paradox.
Second, restitution claims are undermined by the concept of collective responsibility. People are sometimes …
Minnesota Bounties On Dakota Men During The U.S.-Dakota War, Colette Routel
Minnesota Bounties On Dakota Men During The U.S.-Dakota War, Colette Routel
Faculty Scholarship
The U.S.-Dakota War was one of the formative events in Minnesota history, and despite the passage of time, it still stirs up powerful emotions among descendants of the Dakota and white settlers who experienced this tragedy. Hundreds of people lost their lives in just over a month of fighting in 1862. By the time the year was over, thirty-eight Dakota men had been hanged in the largest mass execution in United States history. Not long afterwards, the United States abrogated its treaties with the Dakota, confiscated their reservations along the Minnesota River, and forced most of the Dakota to remove …
The Evolution Of Law And Policy For Cia Targeted Killing, Afsheen John Radsan
The Evolution Of Law And Policy For Cia Targeted Killing, Afsheen John Radsan
Faculty Scholarship
Many critiques of the Central Intelligence Agency’s alleged use of killer drones depend on law that does not bind the United States or on contestable applications of uncertain facts to vague law. While acknowledging a blurry line between law and policy, we continue to develop a due process for targeted killing. In the real world, intelligence is sometimes faulty, mistakes occur, and peaceful civilians are at risk. International humanitarian law, which applies during armed conflicts, demands very little in the way of process beyond the admonition to take feasible precautions. Even so, the intelligence-driven nature of targeted killing, and the …
Relocation Revisited: Sex Trafficking Of Native Women In The United States, Sarah Deer
Relocation Revisited: Sex Trafficking Of Native Women In The United States, Sarah Deer
Faculty Scholarship
The Trafficking Victim Protection Act of 2000 (TVPA) signaled a comprehensive campaign by the United States (US) government to address the scourge of human trafficking in the US and abroad. The US rhetoric about sex trafficking suggests that the problem originates in foreign countries and/or is recent problem. Neither claim is correct. This article details the historical and legal context of sex trafficking from its origin among the colonial predecessors of the US and documents the commercial trafficking of Native women over several centuries. Native women have experienced generations of enslavement, exploitation, exportation, and relocation. Human trafficking is not just …
Cultural And Economic Self-Determination For Tribal Peoples In The United States Supported By The Un Declaration On The Rights Of Indigenous Peoples, Angelique Eaglewoman
Cultural And Economic Self-Determination For Tribal Peoples In The United States Supported By The Un Declaration On The Rights Of Indigenous Peoples, Angelique Eaglewoman
Faculty Scholarship
No abstract provided.
A House With Two Rooms: Final Report Of The Truth And Reconciliation Commission Of Liberia Diaspora Project, Dulce Foster, Dianne Heins, Mark Kalla, Michelle Garnett Mckenzie, James O'Neal, Rosalyn Park, Robin Phillips, Jennifer Prestholdt, Ahmed K. Sirleaf Ii, Laura A. Young
A House With Two Rooms: Final Report Of The Truth And Reconciliation Commission Of Liberia Diaspora Project, Dulce Foster, Dianne Heins, Mark Kalla, Michelle Garnett Mckenzie, James O'Neal, Rosalyn Park, Robin Phillips, Jennifer Prestholdt, Ahmed K. Sirleaf Ii, Laura A. Young
DRI Press
From 1979 to 2003, more than 1.5 million Liberians were forced from their homes to escape from the violence and destruction of a protracted civil conflict. Hundreds of thousands became refugees and many eventually made their way to countries of resettlement including the United States and the United Kingdom. Most of their stories have never been told. This report on the experience of the Liberian diaspora, entitled A House with Two Rooms, is the culmination of three years of work in the United States, the United Kingdom and Buduburam Refugee Settlement in Ghana. The report has been submitted to the …
Foreword: Poverty Law Issue, Ann Juergens
Foreword: Poverty Law Issue, Ann Juergens
Faculty Scholarship
This Poverty Law Issue provides testimony as to why and how the legal profession, the government, and society can better provide justice for people of small means. Overall, this Poverty Law Issue contributes to understanding how we may ensure that the difficulty of poverty borne by our fellow citizens does not become compounded by injustice. For when justice is compromised for one group, its integrity as a whole may rightly be questioned.
Note: Minnesota’S Proposed Same-Sex Marriage Amendment: A Flamingly Unconstitutional Violation Of Full Faith And Credit, Due Process, And Equal Protection, Jolynn M. Schlichting
Note: Minnesota’S Proposed Same-Sex Marriage Amendment: A Flamingly Unconstitutional Violation Of Full Faith And Credit, Due Process, And Equal Protection, Jolynn M. Schlichting
William Mitchell Law Review
This note examines the constitutionality of Minnesota’s proposed marriage amendment. The note begins with a description of the recent national events leading up to the amendment’s proposal, followed by a discussion of the history of marriage in Minnesota, including passage of the Defense of Marriage Act in May 1997. Next, the note examines the language of Minnesota’s proposed marriage amendment and briefly addresses the process of amending state constitutional provisions. It then analyzes the proposed amendment’s constitutionality under the Full Faith and Credit Clause, the Due Process Clause, and the Equal Protection Clause of the United States Constitution. Finally, the …
Unsung Hero: The Life Of A Foot Soldier For Justice, Valerie M. Jensen
Unsung Hero: The Life Of A Foot Soldier For Justice, Valerie M. Jensen
William Mitchell Law Review
Review of Frederick L. McGhee: A Life on the Color Line, 1861-1912. By Paul D. Nelson. Minnesota Historical Society Press, 2002. 234 pages. $29.95
Brown’S Legacy: Looking Back, Moving Forward, Wilhelmina M. Wright
Brown’S Legacy: Looking Back, Moving Forward, Wilhelmina M. Wright
William Mitchell Law Review
This keynote speech was delivered at the Lena O. Smith Luncheon on May 7, 2004. Lena O. Smith was the first African-American woman to practice law in Minnesota. In 1921, she graduated from Northwestern College of Law, a predecessor of William Mitchell College of Law. See generally Ann Juergens, Lena Olive Smith: A Minnesota Civil Rights Pioneer, 28 Wm. Mitchell L. Rev. 397 (2001).
Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
Faculty Scholarship
Lena Olive Smith and the National Association for the Advancement of Colored People (NAACP) created a spirited partnership in the public interest during the 1920s and 1930s. Throughout their long collaboration, this woman lawyer, her clients, and the Minneapolis branch of a national grassroots organization faced similar challenges: to stay solvent, to end segregation and increase equality, and to live with dignity. This article is divided into four sections. The first three roughly correspond with stages in Smith’s life and work. Part II briefly chronicles Smith’s first thirty six years, 1885 to 1921, as a single African-American woman in the …
Hate Crimes, Homosexuals, And The Constitution, Anthony S. Winer
Hate Crimes, Homosexuals, And The Constitution, Anthony S. Winer
Faculty Scholarship
This Article begins with an analysis of certain features of the Equal Protection Clause of the Fourteenth Amendment and demonstrates that this clause establishes a fundamental right to the equal benefit of laws protecting personal security. Laws protecting personal security must be applied evenhandedly. Any discriminatory application of such laws is presumptively invalid under the Equal Protection Clause. This Article next shows that gay men and lesbians are among the most common victims of hate crime, that hate crimes against gays and lesbians are significant, persistent and widespread, and that gays and lesbians have a substantial stake in the manner …
Fundamental Rights In The "Gray" Area: The Right Of Privacy Under The Minnesota Constitution, Michael K. Steenson
Fundamental Rights In The "Gray" Area: The Right Of Privacy Under The Minnesota Constitution, Michael K. Steenson
Faculty Scholarship
This Article explores the constitutional aspects of Minnesota privacy law. Part II briefly explains federal privacy law to provide a baseline for consideration of privacy law in Minnesota. Part III examines the right of privacy as it has evolved in the Minnesota common law. Part IV evaluates the Minnesota Supreme Court's application of federal privacy standards and then examines the court's decisions that outline the right of privacy under the Minnesota Constitution. Part V concludes by raising questions concerning the potential application of the court's concept of privacy under the Minnesota Constitution as applied to two areas: same-sex marriages and …
The Japanese International Law 'Revolution': International Human Rights Law And Its Impact In Japan, Kenneth L. Port
The Japanese International Law 'Revolution': International Human Rights Law And Its Impact In Japan, Kenneth L. Port
Faculty Scholarship
Some observers have argued that because of a lack of enforcement powers, international law has relatively little impact on the conduct of nations and, in fact, may not be "law" at all. Others have inquired whether legal norms which underlie international human rights law have any influence on the domestic law of signatory nations. This article argues that international law can profoundly influence the development of the domestic laws of nations regardless of the lack of coercive enforcement powers. This point becomes clear through a consideration of Japan's experience in adopting and internalizing international law norms.
Unions And Urinalysis, Deborah A. Schmedemann
Unions And Urinalysis, Deborah A. Schmedemann
Faculty Scholarship
Many private employers seem to be busy deciding whether and how to test employees for drug use. Presumably most of these decisions are made by management acting alone. However, in unionized workplaces—one out of five private sector employees are represented by unions—federal labor law prescribes a different method. That method features collective bargaining by unions and management to set the rules, the use of a private third-party neutral to resolve disputes which arise under those rules (arbitration), and relatively little involvement by the government (the National Labor Relations Board, legislatures, and the courts). This system that labor law prescribes for …