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Full-Text Articles in Law
Constitutional Law: Courts Should Not Forfeit The Barker Factors In Civil Forfeiture—Olson V. One 1999 Lexus Mn License Plate No. 851ldv Vin: Jt6hf10u6x0079461, 924 N.W.2d 594 (Minn. 2019)., Kathryn Simunic
Mitchell Hamline Law Review
No abstract provided.
Texas Advance Directives Act: Nearly A Model Dispute Resolution Mechanism For Intractable Medical Futility Conflicts, Thaddeus Pope
Texas Advance Directives Act: Nearly A Model Dispute Resolution Mechanism For Intractable Medical Futility Conflicts, Thaddeus Pope
Faculty Scholarship
Increasingly, clinicians and commentators have been calling for the establishment of special adjudicatory dispute resolution mechanisms to resolve intractable medical futility disputes. As a leading model to follow, policymakers both around the United States and around the world have been looking to the conflict resolution provisions in the 1999 Texas Advance Directives Act (‘TADA’). In this article, I provide a complete and thorough review of the purpose, history, and operation of TADA. I conclude that TADA is a commendable attempt to balance the competing goals of efficiency and fairness in the resolution of these time-sensitive life-and-death conflicts. But TADA is …
Reclaiming Skepticism: Lessons From Guantanamo, Heidi Kitrosser
Reclaiming Skepticism: Lessons From Guantanamo, Heidi Kitrosser
William Mitchell Law Review
No abstract provided.
Due Process Rights: Rendition Of A Citizen Terrorist, Sarah A. Weiss
Due Process Rights: Rendition Of A Citizen Terrorist, Sarah A. Weiss
William Mitchell Law Review
No abstract provided.
Ten Questions On National Security, Norman Abrams, Geoffrey S. Corn, Amos Guiora, Glenn Sulmasy
Ten Questions On National Security, Norman Abrams, Geoffrey S. Corn, Amos Guiora, Glenn Sulmasy
William Mitchell Law Review
No abstract provided.
100 Years Of Juvenile Court In Minnesota—A Historical Overview And Perspective, Wright S. Walling, Stacia Walling Driver
100 Years Of Juvenile Court In Minnesota—A Historical Overview And Perspective, Wright S. Walling, Stacia Walling Driver
William Mitchell Law Review
No abstract provided.
Are Minnesota Teacher Termination Procedures Progressive: How Much Process Is Due?, Christina L. Clark, Harley M. Ogata
Are Minnesota Teacher Termination Procedures Progressive: How Much Process Is Due?, Christina L. Clark, Harley M. Ogata
William Mitchell Law Review
No abstract provided.
Revoke First, Ask Questions Later: Challenging Minnesota’S Unconstitutional Pre-Hearing Revocation Scheme, Jeffrey S. Sheridan, Erika Burkhart Booth
Revoke First, Ask Questions Later: Challenging Minnesota’S Unconstitutional Pre-Hearing Revocation Scheme, Jeffrey S. Sheridan, Erika Burkhart Booth
William Mitchell Law Review
This analysis of the constitutionality of Minnesota’s prehearing revocation scheme begins by explaining the mechanics of Minnesota’s implied consent statute. Because the United States Supreme Court has established minimum procedural due process protections that must be afforded drivers, this backdrop is examined. After considering the federal standards for procedural due process, the numerous changes to Minnesota’s implied consent statute will be addressed. Next, the current challenge will be discussed, including the factual basis for the challenge, the arguments for the statute’s unconstitutionality, and the district court’s decision. Finally, this note will conclude that, given the dramatic increase in the private …
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 …