Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law

Social Justice And The Supreme Court: Lessons From The Past, Vicki Lens Jan 2021

Social Justice And The Supreme Court: Lessons From The Past, Vicki Lens

Mitchell Hamline Law Journal of Public Policy and Practice

This article revisits over sixty years of Supreme Court decisions that have affected the poor and racial minorities, using a novel approach that considers the synergistic relationship between different doctrinal areas rather than focusing on one area. Specifically, I appraise the Supreme Court’s doctrinal contributions from 1953 to the present across three foundational elements of social justice on behalf of the poor and people of color: the school integration cases under the Equal Protection Clause, a series of cases under the Fourth Amendment which sanctioned the police tactic of stop-and-frisk, and attempts to secure economic security for the poor through …


The Purpose Paradox: A Linguistic Dilemma Within Fourth Amendment Jurisprudence, Luke Belflower Jan 2020

The Purpose Paradox: A Linguistic Dilemma Within Fourth Amendment Jurisprudence, Luke Belflower

Mitchell Hamline Law Review

No abstract provided.


The Criminal Continues To Go Free When The Constable Blunders: Testing The Boundaries Of Curtilage—State V. Chute, 908 N.W.2d 578 (Minn. 2018), Akina Khan Jan 2019

The Criminal Continues To Go Free When The Constable Blunders: Testing The Boundaries Of Curtilage—State V. Chute, 908 N.W.2d 578 (Minn. 2018), Akina Khan

Mitchell Hamline Law Review

No abstract provided.


Licensed To Kill? An Analysis Of The Standard For Assessing Law Enforcement's Criminal Liability For Use Of Deadlly Force, Raoul Shah Jan 2018

Licensed To Kill? An Analysis Of The Standard For Assessing Law Enforcement's Criminal Liability For Use Of Deadlly Force, Raoul Shah

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


When Is A Right Not A Right?: Qualified Immunity After Pearson, Anthony Stauber Jan 2018

When Is A Right Not A Right?: Qualified Immunity After Pearson, Anthony Stauber

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Blood On Their Hands: What Minnesota Authorities Can Do With Broad Warrants For Blood Draw Testing—State V. Fawcett, Matthew Porter Jan 2018

Blood On Their Hands: What Minnesota Authorities Can Do With Broad Warrants For Blood Draw Testing—State V. Fawcett, Matthew Porter

Mitchell Hamline Law Review

No abstract provided.


More Like Blood: State V. Thompson, Joshua L. Weichsel Jan 2017

More Like Blood: State V. Thompson, Joshua L. Weichsel

Mitchell Hamline Law Review

No abstract provided.


School Children And Parolees: Not So Special Anymore, Edwin Butterfoss Jan 2011

School Children And Parolees: Not So Special Anymore, Edwin Butterfoss

Faculty Scholarship

The Fourth Amendment special needs exception may be one of the Court’s most puzzling doctrines. Since its origin, the Court has struggled to define its limits and its place in the Court’s suspicionless search and seizure jurisprudence. At times the Court has suggested that the exception is the only route to upholding a search or seizure in the absence of individualized suspicion, while at other times it has stated that it is just one of a limited number of exceptions to the requirement of individualized suspicion. Historically, while the application of the special needs exception has been unpredictable, one thing …