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Full-Text Articles in Law

Levels Of Generality & Originalism: Proposing A New Way Forward As Originalism Continues To Expand, Marquan Robertson Jan 2023

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

Mitchell Hamline Law Review

No abstract provided.


A Pleasure To Burn: How First Amendment Jurisprudence On Book Banning Bolsters White Supremacy, Amy Anderson Jan 2023

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

Mitchell Hamline Law Review

No abstract provided.


Sex Offenders And Internet Speech: First Amendment Protections For America's Most Reviled Outcasts, Gabriel Aderhold Jan 2023

Sex Offenders And Internet Speech: First Amendment Protections For America's Most Reviled Outcasts, Gabriel Aderhold

Mitchell Hamline Law Review

No abstract provided.


Was Justice Ginsburg Roe-Ght?: Reimagining U.S. Abortion Discourse In The Wake Of Argentina's Marea Verde, Kim D. Ricardo Jan 2022

Was Justice Ginsburg Roe-Ght?: Reimagining U.S. Abortion Discourse In The Wake Of Argentina's Marea Verde, Kim D. Ricardo

Mitchell Hamline Law Review

No abstract provided.


American Motherhood - A Taking, Nicole Knight Jan 2022

American Motherhood - A Taking, Nicole Knight

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


The Runaway Jury Of Joaquín 'El Chapo' Guzmán; Or Dishonesty Only Our Justice System Could Ratify, Sean Roman Strockyj Jan 2022

The Runaway Jury Of Joaquín 'El Chapo' Guzmán; Or Dishonesty Only Our Justice System Could Ratify, Sean Roman Strockyj

Mitchell Hamline Law Review

No abstract provided.


Growing Burdens On Abortion Rights: An Individual Freedom During Covid-19 And Changing Judicial Interpretation, John Simpson Jan 2021

Growing Burdens On Abortion Rights: An Individual Freedom During Covid-19 And Changing Judicial Interpretation, John Simpson

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Covid-19, Abortion, And Public Health In The Culture Wars, Laura D. Hermer Jan 2021

Covid-19, Abortion, And Public Health In The Culture Wars, Laura D. Hermer

Mitchell Hamline Law Review

No abstract provided.


Fundamental Funds: Tax Credits And The Increasing Tension Between The Free Exercise Clause And Establishment Clause—Espinoza V. Montana Department Of Revenue, 140 S. Ct. 2246 (2020), Elizabeth Jacobson Jan 2021

Fundamental Funds: Tax Credits And The Increasing Tension Between The Free Exercise Clause And Establishment Clause—Espinoza V. Montana Department Of Revenue, 140 S. Ct. 2246 (2020), Elizabeth Jacobson

Mitchell Hamline Law Review

No abstract provided.


From Banned Books To Mail Censorship, Free Speech All But Ends At The Prison Doors, Meghan Holden Jan 2021

From Banned Books To Mail Censorship, Free Speech All But Ends At The Prison Doors, Meghan Holden

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Marking Juveniles As Unfit To Parent: Terminating The Rights Of Parents Registered As Predatory Offenders In Minnesota, Kiley Eichelberger Jan 2021

Marking Juveniles As Unfit To Parent: Terminating The Rights Of Parents Registered As Predatory Offenders In Minnesota, Kiley Eichelberger

Mitchell Hamline Law Journal of Public Policy and Practice

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 …


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.


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 Jan 2020

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.


A Literary Lens Into Constitutional Interpretation And A Possible Synthesis Of Natural And Positive Law: The Silmarillion, Charles Edward Andrew Lincoln Iv Jan 2020

A Literary Lens Into Constitutional Interpretation And A Possible Synthesis Of Natural And Positive Law: The Silmarillion, Charles Edward Andrew Lincoln Iv

Mitchell Hamline Law Journal of Public Policy and Practice

The nature of identity in the United States lies in the Constitution. Perhaps this is due to “veneration” of the document. It has also been argued that the Declaration of Independence holds a seminal role in the American identity.

The rift seems to occur with the concept of a “living constitution,” whereby the concept of an ever-evolving jurisprudence allows for an evolving interpretation of the Constitution as society changes.

This rift can be demonstrated by the world of J.R.R. Tolkien. In The Lord of the Rings and Silmarillion, the various languages of groups of Middle Earth represent and have distinct …


Animal Rights: Time To Start Unpacking What Rights And For Whom, Jane Kotzmann, Nick Pendergrast Dec 2019

Animal Rights: Time To Start Unpacking What Rights And For Whom, Jane Kotzmann, Nick Pendergrast

Mitchell Hamline Law Review

No abstract provided.


The “Law Of Ramsey County” – Reflections Of A Trial Judge On State Government Gridlock, Kathleen Gearin Jan 2019

The “Law Of Ramsey County” – Reflections Of A Trial Judge On State Government Gridlock, Kathleen Gearin

Mitchell Hamline Law Review

No abstract provided.


State Courts And Democratic Theory: Toward A Theory Of State Constitutional Judicial Review, David Schultz Jan 2019

State Courts And Democratic Theory: Toward A Theory Of State Constitutional Judicial Review, David Schultz

Mitchell Hamline Law Review

No abstract provided.


The Implied Promise Of A Guaranteed Education In The United States And How The Failure To Deliver It Equitably Perpetuates Generational Poverty, Anjaleck Flowers Jan 2019

The Implied Promise Of A Guaranteed Education In The United States And How The Failure To Deliver It Equitably Perpetuates Generational Poverty, Anjaleck Flowers

Mitchell Hamline Law Review

No abstract provided.


The Structural Underpinnings Of Access To Justice: Building A Solid Pro Bono Infrastructure, Latonia Haney Keith Jan 2019

The Structural Underpinnings Of Access To Justice: Building A Solid Pro Bono Infrastructure, Latonia Haney Keith

Mitchell Hamline Law Review

No abstract provided.


From Poverty To Personhood: Gideon Unchained, Ken Strutin Jan 2019

From Poverty To Personhood: Gideon Unchained, Ken Strutin

Mitchell Hamline Law Review

No abstract provided.


Partisan Gerrymandering: Blurring The Line Between Law And Politics, Elizabeth M. Brama, Lauren E. Pockl, Samuel Louwagie Jan 2019

Partisan Gerrymandering: Blurring The Line Between Law And Politics, Elizabeth M. Brama, Lauren E. Pockl, Samuel Louwagie

Mitchell Hamline Law Review

No abstract provided.


School Finance Litigation And The Separation Of Powers, Larry J. Obhof Jan 2019

School Finance Litigation And The Separation Of Powers, Larry J. Obhof

Mitchell Hamline Law Review

No abstract provided.


Barriers To Due Process For Indigent Asylum Seekers In Immigration Detention, Cindy S. Woods Jan 2019

Barriers To Due Process For Indigent Asylum Seekers In Immigration Detention, Cindy S. Woods

Mitchell Hamline Law Review

No abstract provided.


Civil Disobedience: A Constitutional Alternative To Injustice, Samuel H.J. Schultz Jan 2019

Civil Disobedience: A Constitutional Alternative To Injustice, Samuel H.J. Schultz

Mitchell Hamline Law Review

No abstract provided.


Adequate Education: The Disregarded Fundamental Right And The Resurgence Of Segregation Of Public Schools, Neubia L. Harris Jan 2019

Adequate Education: The Disregarded Fundamental Right And The Resurgence Of Segregation Of Public Schools, Neubia L. Harris

Mitchell Hamline Law Review

No abstract provided.


The Reasonable Limits Of Narrowing Construction—State V. Hensel, 901 N.W.2d 166 (Minn. 2017), Day Thornton Jan 2019

The Reasonable Limits Of Narrowing Construction—State V. Hensel, 901 N.W.2d 166 (Minn. 2017), Day Thornton

Mitchell Hamline Law Review

No abstract provided.


Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission, Mike K. Steenson Jan 2019

Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission, Mike K. Steenson

Mitchell Hamline Law Review

No abstract provided.


The Standing Dead: An Analysis Of Nonhuman Personhood In U.S. Jurisprudence, Morgan Voight Jan 2019

The Standing Dead: An Analysis Of Nonhuman Personhood In U.S. Jurisprudence, Morgan Voight

Mitchell Hamline Law Review

No abstract provided.