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Articles 1 - 6 of 6
Full-Text Articles in Law
Pressure Of The Popular: Presidential Prestige And The High Court, Timothy W. Clark
Pressure Of The Popular: Presidential Prestige And The High Court, Timothy W. Clark
William Mitchell Law Review
Review of Popular Justice: Presidential Prestige and Executive Success in the Supreme Court. By Jeff Yates. State University of New York Press, 2002. 131 pages. $17.95.
Prior Restraint Is Nearer Than Readers Realize, Steven P. Aggergaard
Prior Restraint Is Nearer Than Readers Realize, Steven P. Aggergaard
William Mitchell Law Review
Review of Minnesota Rag: Corruption, Yellow Journalism, and the Case That Saved Freedom of the Press. By Fred W. Friendly. University of Minnesota Press, 2003. 264 pages. $16.95.
The Quicksands Of Originalism: Interpreting Minnesota’S Constitutional Past, Douglas A. Hedin
The Quicksands Of Originalism: Interpreting Minnesota’S Constitutional Past, Douglas A. Hedin
William Mitchell Law Review
There are several varieties of the “originalist” school of constitutional thought, but all subscribe in one degree or another to the belief that a constitutional clause should be interpreted according to its original meaning or the original intent of its authors. That original understanding or intent can be discerned from the text of the clause, the history of its drafting and ratification and, sometimes, early practices and court decisions interpreting that clause. It rightly has been called a “grand theory” because it is simple and clear, explains so much, and it has the almost irresistible attraction of being anchored firmly …
The Creativity Of The Common-Law Judge: The Jurisprudence Of William Mitchell, Charles J. Reid Jr.
The Creativity Of The Common-Law Judge: The Jurisprudence Of William Mitchell, Charles J. Reid Jr.
William Mitchell Law Review
Mitchell's presence graced the Minnesota Supreme Court for nearly nineteen years, from 1881 to 1900. His output was prodigious. He produced nearly 1600 judicial opinions. It has been estimated “that excluding Sundays, and allowing a month in each year for vacation, Judge Mitchell wrote one opinion in every three days for nineteen years.” Indeed, “[i]n point of numbers, his opinions exceed those of any other justice of the Supreme Court of his state, or the nation.” It is one aspect, perhaps the central aspect, the unifying theme of this prolific body of work, that is the focus of this essay: …
Essay: Pledging Allegiance, Michael K. Steenson
Essay: Pledging Allegiance, Michael K. Steenson
Faculty Scholarship
This Essay focuses on the Pledge of Allegiance requirement and its place in public schools. It begins with an analysis of a typical, but certainly not isolated, approach of the Minnesota Legislature, following September 11, in passing a bill that required recitation of the Pledge. This Essay then moves to a discussion of the events surrounding the 1943 United States Supreme Court decision in West Virginia State Board of Education v. Barnette and how Barnette has subsequently been interpreted. Finally, this Essay discusses the probable impact of the Minnesota Constitution on the Pledge Bill, should it pass in this legislative …
Illegitimate Children’S Rights In Probate Proceedings—In Re Estate Of James A. Palmer, Deceased, Robert A. Mcleod
Illegitimate Children’S Rights In Probate Proceedings—In Re Estate Of James A. Palmer, Deceased, Robert A. Mcleod
William Mitchell Law Review
The transfer of a person's assets after death has been an important element in the law beginning with the Magna Carta, and is firmly rooted in American jurisprudence. Defining children and heirs for probate purposes remains a difficult issue. In particular, the determination of children and heirs in an age when the birth of “illegitimate” children is common makes the proper and just determination of heirship a recurring and timely topic. The Minnesota Probate Code defines the term “child” and provides: “a person is the child of the person's parents regardless of the marital status of the parents and the …