Law Commons^™

Preempting State Prevention: How Fda Regulation Ensures Access To Abortion Medication, Jared Shea

Mitchell Hamline Law Review

No abstract provided.

Protecting American Blood From "Alien Contamination": Should Strict Scrutiny Apply To The Racist Roots Of 8 U.S.C. § 1326? United States V. Carrillo-Lopez, 555 F. Supp. 3d 996 (D. Nev. 2021), Brenda Pfahnl

Mitchell Hamline Law Review

No abstract provided.

No Alternative: The Failure Of The Minnesota Environmental Policy Act To Consider Project Alternatives And Proposed Remedies, Kevin Swanberg

Mitchell Hamline Law Review

No abstract provided.

Education Behind Bars: A History Of Prisoner Education Within The Florida Department Of Corrections And Suggestions For The Future, Peter Felix Armstrong

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Reforming Eyewitness Identification Processes: Challenges And Recommendations For Successful Implementation, Daniel Manley

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Contempt Power And The United States Courts, Joshua Carback

Mitchell Hamline Law Journal of Public Policy and Practice

Contempt power is one of the most important legacies of English common law in federal common law. Substantively, the contempt power of the United States Courts is relatively similar to that employed by the Court of King’s Bench in the eighteenth century. Procedurally, however, it is quite different. The Rules Enabling Act of 1934 created an interbranch framework for crafting procedural rules for the United States Courts. All three branches of the federal government collaborated under that framework with the intention of rationalizing, systemizing, and delimiting the boundaries of contempt power. The culmination of decades of strenuous rulemaking, unfortunately, was …

Safeguarding The Alford Plea: Minimizing State-Sanctioned Wrongful Convictions, Zana Molina

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Ai Risk Assessment Tools Amid The War On Drugs: Productive Or Counterproductive?, Matin Pedram

Mitchell Hamline Law Journal of Public Policy and Practice

The War on Drugs refers to a situation in which all the processes of production, distribution, and consumption of all illegal drugs are prohibited. This ambitious goal has imposed considerable costs on societies. The war has weaponized harsher punishments such as life imprisonment, execution, and long-term incarceration against drug offenders. Nonviolent offenders, those who possessed illegal drugs, have been easy targets for governments to show that the war is still ongoing. Although some countries became pioneers in changing the laws to end this costly war, Iran and the United States have made their stance on the drug issue clear, and …

Restorative Justice And The Rights Of Nature: Using Indigenous Legal Traditions To Influence Cultural Change And Promote Environmental Protection, Anne Haluska

Mitchell Hamline Law Review

No abstract provided.

The Presumption Of Wealthiness: How The Current Bail System In Minnesota Is Problematically Classist, Myranda Sandberg

Mitchell Hamline Law Review

No abstract provided.

Copyrighting Brain Computer Interface: Where Neuroengineering Meets Intellectual Property Law, Favio Ramirez Caminatti

Cybaris®

No abstract provided.

Mickey Mouse – Finally Whistling His Way Into The Public Domain, Holly Lechner

Cybaris®

No abstract provided.

Legislative Report: Federal Regulations Implementing The Trademark Modernization Act Of 2020, Mark Kallevig

Cybaris®

No abstract provided.

Much Dispute About Nothing? A Critical Examination Of The Backlash Against Investment Treaty Arbitration In International Intellectual Property Disputes, Andy Taylor

Cybaris®

No abstract provided.

Legislative Report: Patents For Humanity Act Of 2022, Stephen Kohn

Cybaris®

No abstract provided.

A Pleasure To Burn: How First Amendment Jurisprudence On Book Banning Bolsters White Supremacy, Amy Anderson

Mitchell Hamline Law Review

No abstract provided.

Levels Of Generality & Originalism: Proposing A New Way Forward As Originalism Continues To Expand, Marquan Robertson

Mitchell Hamline Law Review

No abstract provided.

The Theoretical And Practical Shortcomings Of Necessitating Appreciation For Punishment—Madison V. Alabama, 139 S.Ct. 718 (2019), Martin Sandberg

Mitchell Hamline Law Review

No abstract provided.

Islamic Republic: An Oxymoron From A Sharia-Based Religion To A Fiqh-Based Cult, Homayoon Rafatijo

Mitchell Hamline Law Review

No abstract provided.

Gaping Gaps In The History Of The Independent State Legislature Doctrine: Mcpherson V. Blacker, Usurpation, And The Right Of The People To Choose Their President, Mark Bonhorst, Michael W. Fitzgerald, Aviam Soifer

Mitchell Hamline Law Review

The so-called independent state legislature doctrine was the jurisprudential heart of the effort by former President Trump and allies to overturn the 2020 presidential election and was featured in the briefs for Texas v. Pennsylvania. The idea that state legislatures might have power to intervene against the popular vote for the electoral college helped animate the attack on the Capitol on January 6, 2021. Frighteningly, at the very end of the 2021 Term, the Supreme Court accepted review of a North Carolina case—Moore v. Harper—in which Republican Party legislators invoked the independent state legislature doctrine to contend that state legislators …

Civil Liability For Sexual Misconduct, Mike K. Steenson

Mitchell Hamline Law Review

No abstract provided.

Constitutionality Of Reparations For Native Americans: Confronting The Boarding Schools, Monica Shaffer

Mitchell Hamline Law Review

No abstract provided.

The Speciation Of Partisan Ideology In The United States: How Preventing Ideological Gene Flow Contributes To Political Factions, Katherine Raths

Mitchell Hamline Law Review

No abstract provided.

Transforming The Minneapolis Police Department To Conform With The Rule Of Law: Reform Or Abolition, James Roth

Mitchell Hamline Law Review

No abstract provided.

The Most Substantial Factor: Analysis Of Ambiguous Causation--Staub As Trustee Of Weeks V. Myrtle Lake Resort, Llc, 964 N.W.2d 614 (Minn. 2021), Hailey Oestreicher

Mitchell Hamline Law Review

No abstract provided.

Defaming The President, Douglas B. Mckechnie

Mitchell Hamline Law Review

No abstract provided.

Cyborgs And The Americans With Disabilities Act, Lou Colasanti

Student Scholarship

Medical technology is advancing at lightning speed with the potential to drastically benefit the disabled. These new technologies will result in humans who will use a wide array of assistive technologies and will likely be labelled as Cyborgs. Assistive technologies such as self-driving cars, robots, computer chip implants, insertable medical hardware, and exoskeletons are already well developed. The day is rapidly approaching when Cyborgs as a class will be large and influential. Critically, the Americans with Disabilities Act (ADA), the judges tasked with enforcing this legislation, and the legislature itself are all ill equipped to handle the speed of this …

From Healthcare To Hiring: Impacts Of Social And Public Policy On Disabled Veterans In The United States, Benjamin Michael Stoflet

Student Scholarship

The United States Government is struggling to fulfill commitments it has made to service members suffering from disabilities incurred during honorable service to the country. The Department of Veterans Affairs (VA) disability compensation structure, job training programs, and methods of alternative dispute resolution is a patchwork resulting from decades of legislation creating a system where veterans often become locked in a complicated and often combative process to obtain benefits they have earned. Employers, advocacy groups, academics, and federal officials agree that there are systematic issues within the VA negatively impacting disabled veterans. These include a lack of patient-centered care, divergent …

Transforming Minnesota's Early Care And Education Infrastructure, Nicole Frethem

Student Scholarship

In 2021, the Minnesota legislature authorized the Great Start for All task force to present recommendations for how the state can provide “access to affordable, high-quality early care and education that enriches, nurtures, and supports children and their families,” to “all families” in Minnesota.

The early care and education landscape in Minnesota has experienced dramatic changes in programming and investments over the last twenty years. In the early 2000s, the state’s primary child care subsidy program, the Child Care Assistance Program (CCAP), was moved from the Department of Children, Families and Learning to the Department of Human Services in an …

Judical Line-Drawing And The Court's Failure To Protect Immigrants, Zoe Graham

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.