Law Commons^™

International Human Rights And Chinese-American Trade Relations After The Uyghur Forced Labor Prevention Act, Matthew Cline

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

Contextualizing The Triggering Event: Colonial White Supremacy, Anti-Blackness, And Black Lives Matter In Italy And The United States, Renee Nicole Allen

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

Multinational Business Entities And Their Role In The Global Environmental, Social, And Governance Architecture, Ilias Bantekas

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

Making International Human Rights Treaties Relevant To The Protection Of Human Rights In African Countries, John Mukum Mbaku

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

A Never-Ending U.S.-China Solar Trade War? The Uyghur Forced Labor Prevention Act And International Trade Law, Mandy Meng Fang

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

Past Wounds, Present Scars: A Historical-Legal Analysis Of Religion, Regulation, And Rights In Article 36 Of The Chinese Constitution, Joseph Chu

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

This article focuses on the role of written constitutions and religion in the Chinese context, with a focused examination of the “no foreign domination qualifier” (“NFDQ”) of religion in Article 36 of the Chinese Constitution, for which little to no dedicated research has been conducted to date. The article conducts a historical-legal analysis to uncover reasons for the inclusion of the NFDQ in the Chinese Constitution, aiming to identify the nature of this unique clause. By examining treaties involving foreign control of Christianity imposed by various Western powers on nineteenth century China and their effects, the article identifies the NFDQ …

Mutually Assured Discussion: Lessons From Space Law For A Waning Nuclear Arms Regime, Elsbeth J. Magilton

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

This paper investigates the usefulness of applying the lessons of the Artemis Accords (“Accords”) to the nuclear arms regime – specifically asking whether strategic soft law agreements could create a stop gap for the shortcomings of long held nuclear arms agreements. To do so, it explores multiple instruments of international law, their uses in the existing nuclear and space frameworks, and how that may inform future actions for security or arms agreements. In conclusion, it is determined that the approach developed by the Accords may benefit future nuclear arms communications. The Accords bring many states to the table, largely underscoring …

Populist Secularism, Seval Yildirim

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

This article argues that in the context of a developing democracy, the rise of religiously oriented parties should be viewed contextually as part of an ongoing process of democratic negotiation and consolidation. Using Turkey as a case study, this article argues that religion and secularism are best viewed as parts of a symbiotic relationship, informing each other’s identity, and defining characteristics through an ongoing process of negotiation. The article discusses commonly used concepts relevant to secularism in general and argues for the need to distinguish between the secular, secularism, and secularization as a governance project. Through a historical survey of …

"{W]E Have Had Enough Revolutions": International Advocacy Strategies Through The Lens Of Russian Political Prisoners, Elena Macomber

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

Authoritarian states are not known for promoting freedom of expression. In order to maintain power, successful authoritarian governments must restrict oppositional voices to survive. However, as a matter of institutional legitimacy in the eyes of their people, many regimes still superficially hold elections, request opinions from their constitutional courts, and even incorporate human rights protections into national laws. Such is the case in the Russian Federation, where the government strives to appear democratic despite its widespread repression. Behind the arguably feeble appearance of a legitimately elected government with constitutional safeguards, the Russian legal system systemically punishes and incarcerates political dissidents. …

A Power Move In The Solar Trade Arena? How The Inflation Reduction Act's Preference For Domestically Produced Solar Products May Conflict With International Trade Rules, Maria Pfister

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

When the Inflation Reduction Act (“IRA”)—described as “the most important climate action in U.S. history”—was passed in August of 2022, it came as a surprise not only to the citizens of the United States, but also to key Senators who helped pass the legislation. In the past decade, the United States had seemingly abdicated its role as a global leader in addressing climate change. When this law, with a title that has little to do with environmental legislation, burst onto the world stage, it signaled that the United States’ was working to reclaim its role as a global leader in …

The Contours Of Contempt In Patent Law After Tivo, Inc. V. Echostar Corp.: An Empirical Study, Nina Elder

Minnesota Journal of Law, Science & Technology

No abstract provided.

Covid-19 Response In An Alternative America: Legal Tools That The Us Government Failed To Invoke, Neil Davey

Minnesota Journal of Law, Science & Technology

No abstract provided.

Winning The Imitation Game: Setting Safety Expectations For Automated Vehicles, William H. Widen, Philip Koopman

Minnesota Journal of Law, Science & Technology

No abstract provided.

Regulating The Revolution: A Legal Roadmap To Optimizing Ai In Healthcare, Fazal Khan

Minnesota Journal of Law, Science & Technology

No abstract provided.

Who’S Suing You?, David Mcgowan

Minnesota Journal of Law, Science & Technology

No abstract provided.

Crawling To The Cure: The Monopolization Of The Breast Cancer Drug Market, Kira Le

Minnesota Journal of Law, Science & Technology

No abstract provided.

Artificial Intelligence And The Administrative State: Regulating The Government Use Of Decision-Making Technology, Gordon Unzen

Minnesota Journal of Law, Science & Technology

No abstract provided.

"More Than Numbers": Empirical Evidence Of An Innovation Approach To Admissions, Anahid Gharakhanian, Natalie Rodriquez, Elizabeth A. Anderson

Minnesota Law Review Vols. 106:2 onward (2021-present)

“I am proof that your LSAT score does not define you; law schools need to understand that every student’s lived experience is unique. Thanks to Southwestern’s admissions process I was able to show that I’m more than the numbers on my application.” This third-year law student was admitted to Southwestern Law School and went on to place in the top twenty percent after her first year following an admissions waitlist interview, based on Southwestern’s first-of-its-kind empirically based approach that utilizes factors beyond the typical numerical indicators—in particular, the Law School Admission Test—that drive admissions decisions and limit access to law …

What We Teach When We Teach Legal Analysis, Susan A. Mcmahon

Minnesota Law Review Vols. 106:2 onward (2021-present)

Traditional legal education, especially in the first year, leaves students with the impression that law is neutral and objective, and their job, as lawyers, is to read cases, pull out rules, and sift facts into legal categories. This training contributes to a student’s sense that law is natural and normal, and, to quote Robert Gordon, “usually OK and just,” instead of invigorating her imagination as to law’s possibilities and giving her the tools to push for legal change. The traditional approach often leaves students blind to the injustices baked into law and unprepared to become lawyers who create change. Law …

Modern Diploma Privilege: A Path Rather Than A Gate, Catherine Martin Christopher

Minnesota Law Review Vols. 106:2 onward (2021-present)

This Article proposes a modern diploma privilege—a licensure framework that allows state licensure authorities to identify what competencies are expected of first-year attorneys, then partner with law schools to assess those competencies. Freed from the format and timing of a bar exam, schools can assess a broader range of competencies over longer time horizons. This will allow the development of law school curricula aimed at preparing students to assist clients rather than to pass the bar exam. The modern diploma privilege is structured as an ongoing partnership between licensure authorities and schools, which means that changes can be easily made …

Law Students Left Behind: Law Schools' Role In Remedying The Devastating Effects Of Federal Education Policy, Sandra L. Simpson

Minnesota Law Review Vols. 106:2 onward (2021-present)

Due to the unintended consequences of misdirected federal education policy, students come to law school with underdeveloped critical thinking and cognitive adaptability skills. As the products of the No Child Left Behind Act (NCLB) and its progeny, students educated in the United States after 2002 excel at memorization and multiple-choice exam strategies but were not afforded the practice needed to fully develop other critical professional attributes. This is problematic as these are the very characteristics law students need to be a successful student and lawyer. Further, legal employers are demanding their new lawyers possess these capabilities upon graduation from law …

Teaching Dissents, Sherri Lee Keene

Minnesota Law Review Vols. 106:2 onward (2021-present)

Judges’ perspectives and attitudes—and even their biases and assumptions—naturally find their way into legal analysis and decision-making. Yet this reality is something that the language of opinions tends to deny. Court opinions are often written to sound authoritative and sure, making legal decisions seem purely logical and channeling a tone of inevitability. The way that opinions are written tends to obscure the human aspects of legal decision-making and mask subjectivity. Indeed, as judges select and interpret facts and draw inferences, a judge’s written analysis often neglects to even acknowledge that this is occurring. In doing so, judges can hide the …

Secoundary Courses Taught By Secondary Faculty: A (Personal) Call To Fully Integrate Skills Faculty And Skills Courses Into The Law School Curriculum Ahead Of The Nextgen Bar Exam, O.J. Salinas

Minnesota Law Review Vols. 106:2 onward (2021-present)

This Essay focuses on the disconnect between what law schools say they value and who they value. The Essay highlights how law faculty and administrators often carry a survivorship bias that may prevent them from fully acknowledging or accepting that the law school experience may be challenging and unwelcoming for many students. The Essay also challenges members of the legal academy, particularly those solely in the doctrinal space, to question their superiority bias so that they can better support skills training and treat and value faculty who teach skills courses. This Essay provides commentary on reimagining legal education for a …

Dethroning Langdell, Beth Hirschfelder Wilensky

Minnesota Law Review Vols. 106:2 onward (2021-present)

What if we are teaching law entirely wrong? We fill our syllabi with appellate court opinions—even though very little of what most attorneys do involves reading these opinions to learn foundational legal doctrine. We cold call on students—even though most circumstances in which attorneys talk about the law bear no resemblance to the classroom cold call. We give over significant parts of our class time to Socratic dialogue—even though attorney practice mostly involves writing and rewriting a variety of legal documents, collaborating in small groups, negotiating, client counseling, and many other things that Socratic dialogue doesn’t teach, model, or assess. …

Client-Centered Legal Education And Licensing, Deborah Jones Merritt

Minnesota Law Review Vols. 106:2 onward (2021-present)

Clients are central to law practice, yet they play a limited role in both legal education and licensing. This article challenges legal educators and bar examiners to become more client-centered. The article draws upon empirical data demonstrating the importance of client-related, hands-on skills in law practice, and then outlines innovative approaches to licensing that would assess those skills alongside other foundational knowledge and skills. If adopted, these innovative licensing paths would treat aspiring lawyers fairly, encourage law schools to focus more heavily on client-related skills, and protect the public more effectively than written bar exams.

Keynote_Comment Address: Leaving Langdell Behind: Reimagining Legal Education For A New Era, Judith A. Gundersen

Minnesota Law Review Vols. 106:2 onward (2021-present)

“[T]he time seems right to ask ourselves, legal educators and bar examiners, who have different but related roles in the law student to lawyer continuum: how can we best work both independently and in collaboration to ensure that tomorrow’s lawyers are ready to take on the considerable challenges that we face as a society?”

Video of lecture available online at https://www.youtube.com/watch?v=nLN5QsR5rqs

The Slow Race: Achieving Equity Through Legislative And Agency Minority Impact Statements, Jancy Nielson

Minnesota Journal of Law & Inequality

No abstract provided.

The Court’S One-Way Street: L.S. Ex Rel. Hernandez V. Peterson’S Missed Opportunity To Expand Children’S Constitutional Rights, Kona Keast-O’Donovan

Minnesota Journal of Law & Inequality

No abstract provided.

Storied Pasts: Credibility And Evolving Norms In Asylum Narratives 1989–2018, Abigail Stepnitz

Minnesota Journal of Law & Inequality

No abstract provided.

Keep Your Hands Off My Fingerprints: How State Constitutionalism Can Stop On-Site Fingerprinting Dragnets, Roger Antonio Tejada

Minnesota Journal of Law & Inequality

No abstract provided.