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Full-Text Articles in Law

Uncle Sam Wants You, Unless You’Re Trans: How Greene V. Mcelroy Allows Discrimination In The Military, Amy Vedder Jan 2024

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.


Expression Of Lgbtq Student Sexual Orientation And Gender Identity In The K-12 Educational System, Brian Boggs Jan 2022

Expression Of Lgbtq Student Sexual Orientation And Gender Identity In The K-12 Educational System, Brian Boggs

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Reforming Sexual Health Education In Minnesota Schools: An Evidence-Based Approach, Antonia Kurtz Jan 2021

Reforming Sexual Health Education In Minnesota Schools: An Evidence-Based Approach, Antonia Kurtz

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Transgender Healthcare Is Medically Necessary, Molly Nunn Jan 2021

Transgender Healthcare Is Medically Necessary, Molly Nunn

Mitchell Hamline Law Review

No abstract provided.


The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson Jan 2020

The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson

Faculty Scholarship

Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …


Furtive Blackness: On Blackness And Being, T. Anansi Wilson Jan 2020

Furtive Blackness: On Blackness And Being, T. Anansi Wilson

Faculty Scholarship

Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …


Stop In The Name Of Love: Putting An End To The Felony Prosecution Of Adolescent Sexting, Angela Bailey, Laura Heinrich Jan 2019

Stop In The Name Of Love: Putting An End To The Felony Prosecution Of Adolescent Sexting, Angela Bailey, Laura Heinrich

Mitchell Hamline Law Review

No abstract provided.


Traditional Problems: How Tribal Same-Sex Marriage Bans Threaten Tribal Sovereignty, Marcia Zug Jan 2017

Traditional Problems: How Tribal Same-Sex Marriage Bans Threaten Tribal Sovereignty, Marcia Zug

Mitchell Hamline Law Review

No abstract provided.


Oyez, Oyez: An Inside Look At Romer V. Evans, Mary A. Celeste Jan 2015

Oyez, Oyez: An Inside Look At Romer V. Evans, Mary A. Celeste

William Mitchell Law Review

No abstract provided.


Reflections On The 20th Anniversary Of The 1995 Hcba Report, Jerry Burg, Joni M. Thome Jan 2015

Reflections On The 20th Anniversary Of The 1995 Hcba Report, Jerry Burg, Joni M. Thome

William Mitchell Law Review

No abstract provided.


Minnesota (Trans)Gender Markers: State Statutes And Policies On Amending Identity Documents, Jenna Johnson Jan 2015

Minnesota (Trans)Gender Markers: State Statutes And Policies On Amending Identity Documents, Jenna Johnson

William Mitchell Law Review

No abstract provided.


We Hear You Knocking: An Essay On Welcoming "Trans" Lawyers, Ellen Ellie Krug Jan 2015

We Hear You Knocking: An Essay On Welcoming "Trans" Lawyers, Ellen Ellie Krug

William Mitchell Law Review

No abstract provided.


20th Anniversary Reprint Of The 1995 Hcba Report: Legal Employers' Barriers To Advancement And To Economic Equality Based Upon Sexual Orientation, Thomas H. Garrett Iii Jan 2015

20th Anniversary Reprint Of The 1995 Hcba Report: Legal Employers' Barriers To Advancement And To Economic Equality Based Upon Sexual Orientation, Thomas H. Garrett Iii

William Mitchell Law Review

No abstract provided.


Blueprint For Respect: Creating An Affirming Environment In The Courts For The Lesbian, Gay, Bisexual, And Transgender Communites , Paula J. Hepner Jan 2015

Blueprint For Respect: Creating An Affirming Environment In The Courts For The Lesbian, Gay, Bisexual, And Transgender Communites , Paula J. Hepner

William Mitchell Law Review

No abstract provided.


Transgender Youth In Public Schools: Why Identity Matters In The Restroom, Jennifer Johnson Jan 2014

Transgender Youth In Public Schools: Why Identity Matters In The Restroom, Jennifer Johnson

William Mitchell Law Review

No abstract provided.


Garden Of Truth, Sarah Deer Jan 2012

Garden Of Truth, Sarah Deer

Faculty Scholarship

On Oct. 27, 2011, a report entitled “Garden of Truth: The Prostitution and Trafficking of Native Women in Minnesota” was released in St. Paul, Minn. The report was the culmination of a three-year research project conducted in Minnesota by two nonprofit organizations: the Minnesota Indian Women’s Sexual Assault Coalition, a grassroots organization of Native American women that is based in St. Paul and focuses on outreach and awareness for survivors of sexual assault, and Prostitution Research and Education, a nonprofit organization based in San Francisco. This unique collaboration between advocates of Native American women and social scientists has produced a …


Foreword: Assisted Reproductive Technology And The Law, Mary P. Byrn Jan 2009

Foreword: Assisted Reproductive Technology And The Law, Mary P. Byrn

Faculty Scholarship

This foreword introduces Issue 2: Assisted Reproductive Technology and the Law of the 35th Volume of the William Mitchell Law Review. It begins by outlining the author's personal experience with ART, and contrasts her reasoning for using ART with the traditional need for ART. Finally, it lists some of the many legal questions yet to be conclusively answered.


How A Marriage Discrimination Amendment Would Disrespect Democracy In Minnesota, Anthony S. Winer Jan 2007

How A Marriage Discrimination Amendment Would Disrespect Democracy In Minnesota, Anthony S. Winer

Faculty Scholarship

The proposed marriage discrimination amendment to the Minnesota Constitution is profoundly anti-democratic. It is extremely wide-ranging in its scope, it obliterates the opportunity of the LGBT community to legislatively advance its interests in the area, it falsely assumes characteristics of the state judiciary that do not in fact exist, and it is drafted with language that is particularly hostile to LGBT concerns and democracy in general. It was a triumph for reason and democracy that this amendment was defeated in 2006. It should never be introduced again. In the unfortunate event that it is introduced again, it should be resoundingly …


Love Knows No Borders—The Same-Sex Marriage Debate And Immigration Laws, Amy K. R. Zaske Jan 2006

Love Knows No Borders—The Same-Sex Marriage Debate And Immigration Laws, Amy K. R. Zaske

William Mitchell Law Review

No abstract provided.


How Can Allies Effectively Advocate For Gay Rights? The Answer Is Straightforward, Scott Benson Jan 2006

How Can Allies Effectively Advocate For Gay Rights? The Answer Is Straightforward, Scott Benson

William Mitchell Law Review

No abstract provided.


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 Jan 2005

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 …


Hate Crimes, Homosexuals, And The Constitution, Anthony S. Winer Jan 1994

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 …