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Mitchell Hamline School of Law

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Articles 31 - 60 of 1270

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.


The Presumption Of Wealthiness: How The Current Bail System In Minnesota Is Problematically Classist, Myranda Sandberg Jan 2023

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

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 Jan 2023

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.


The Theoretical And Practical Shortcomings Of Necessitating Appreciation For Punishment—Madison V. Alabama, 139 S.Ct. 718 (2019), Martin Sandberg Jan 2023

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 Jan 2023

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

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 Jan 2023

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.


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 Jan 2023

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.


The Capitalization Of "Tribal Nations" And The Decolonization Of Citation, Nomenclature, And Terminology In The United States, Angelique Eaglewoman Jan 2023

The Capitalization Of "Tribal Nations" And The Decolonization Of Citation, Nomenclature, And Terminology In The United States, Angelique Eaglewoman

Mitchell Hamline Law Review

No abstract provided.


Defaming The President, Douglas B. Mckechnie Jan 2023

Defaming The President, Douglas B. Mckechnie

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 Jan 2023

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 …


Transforming The Minneapolis Police Department To Conform With The Rule Of Law: Reform Or Abolition, James Roth Jan 2023

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

Mitchell Hamline Law Review

No abstract provided.


Engaging In Equity-Centered Policymaking: State-Level Racial Equity Impact Assessment Trends, Lessons Learned, And Future Directions, Daina Strub Kabitz Jan 2023

Engaging In Equity-Centered Policymaking: State-Level Racial Equity Impact Assessment Trends, Lessons Learned, And Future Directions, Daina Strub Kabitz

Mitchell Hamline Law Review

No abstract provided.


Damages For Tortious Harm To Pets: Minnesota's Market Value Approach Severely Undercompensates Plaintiffs, Morgan Phelps Jan 2023

Damages For Tortious Harm To Pets: Minnesota's Market Value Approach Severely Undercompensates Plaintiffs, Morgan Phelps

Mitchell Hamline Law Review

No abstract provided.


Facilitating Race-Conscious Targeted Purchasing Programs In The Shadow Of The Trump Judiciary, Daniel Choma Jan 2023

Facilitating Race-Conscious Targeted Purchasing Programs In The Shadow Of The Trump Judiciary, Daniel Choma

Mitchell Hamline Law Review

No abstract provided.


The Potential To Increase Efficiency In Immigration Courts Through Broader Prosecutorial Discretion As Exemplified By The Mayorkas And Doyle Memos, Sara Glesne Jan 2023

The Potential To Increase Efficiency In Immigration Courts Through Broader Prosecutorial Discretion As Exemplified By The Mayorkas And Doyle Memos, Sara Glesne

Mitchell Hamline Law Review

No abstract provided.


The Missouri Birth Certificate Statute: How It Strips Transgender Service Members Of Fundamental Rights And Hinders Their Ability To Serve Openly In The U.S. Military, Taylor Blevins Jan 2023

The Missouri Birth Certificate Statute: How It Strips Transgender Service Members Of Fundamental Rights And Hinders Their Ability To Serve Openly In The U.S. Military, Taylor Blevins

Mitchell Hamline Law Review

No abstract provided.


Semantics And Sin Tax: Maintaining Autonomy In The Age Of Hyper-Personalization, Stephen Kohn Jan 2023

Semantics And Sin Tax: Maintaining Autonomy In The Age Of Hyper-Personalization, Stephen Kohn

Mitchell Hamline Law Review

No abstract provided.


Civil Liability For Sexual Misconduct, Mike K. Steenson Jan 2023

Civil Liability For Sexual Misconduct, Mike K. Steenson

Mitchell Hamline Law Review

No abstract provided.


The Surprising Harms Hidden Within The No Surprises Act, Madeleine Amick-Kehoe Jan 2023

The Surprising Harms Hidden Within The No Surprises Act, Madeleine Amick-Kehoe

Mitchell Hamline Law Review

No abstract provided.


Legislative Report: Federal Regulations Implementing The Trademark Modernization Act Of 2020, Mark Kallevig Jan 2023

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

Cybaris®

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 Jan 2023

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 Jan 2023

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

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Safeguarding The Alford Plea: Minimizing State-Sanctioned Wrongful Convictions, Zana Molina Jan 2023

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 Jan 2023

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 …


Contempt Power And The United States Courts, Joshua Carback Jan 2023

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 …


Policy Concern For Disabled Individuals With Service Dogs, Beth Carmain Jan 2023

Policy Concern For Disabled Individuals With Service Dogs, Beth Carmain

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Moving Away From Masking Pain: A Need For Modernization In Pain Management, Tori Collins Jan 2023

Moving Away From Masking Pain: A Need For Modernization In Pain Management, Tori Collins

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


The Harmful Effects Of Expansive Immunity Protections For Child Abuse Reporters And The Lack Of Justice For Those Who Are Falsely Accused, Kristina Joslin Jan 2023

The Harmful Effects Of Expansive Immunity Protections For Child Abuse Reporters And The Lack Of Justice For Those Who Are Falsely Accused, Kristina Joslin

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


New Jim Crow Of The North: Cfos, Nuisance, And Neosegregation, Jacqueline Nafstad Jan 2023

New Jim Crow Of The North: Cfos, Nuisance, And Neosegregation, Jacqueline Nafstad

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.