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Full-Text Articles in Law

Standing On The Shoulders Of Llcs: The Tax Entity Status And Decentralized Autonomous Organizations, Samuel D. Brunson Jan 2023

Standing On The Shoulders Of Llcs: The Tax Entity Status And Decentralized Autonomous Organizations, Samuel D. Brunson

Faculty Publications & Other Works

Since the formation of the first decentralized autonomous organization (DAO) in 2016, their use has exploded. Thousands of DAOs now try to take advantage of smart contracts to solve a problem that plagues business entities: the gulf between ownership and management. Armed with smart contracts and requiring token-holders to vote on any change in strategy, DAOs dispense with the management layer so necessary in traditional business entities. DAOs owe their existence to technology. Without blockchain, without cryptocurrency, and without smart contracts, there would be no DAOs. But they owe their explosiveness to something much more unexpected: Treasury regulations. In the …

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Singing In The Key Of Dobbs: Historical Inquiries Into The Institutionalization Of Support For Families And Children, Sacha M. Coupet Jan 2023

Singing In The Key Of Dobbs: Historical Inquiries Into The Institutionalization Of Support For Families And Children, Sacha M. Coupet

Faculty Publications & Other Works

No abstract provided.

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Jeffrey Epstein: Pedophiles, Prosecutors, And Power, Blanche Bong Cook Jan 2023

Jeffrey Epstein: Pedophiles, Prosecutors, And Power, Blanche Bong Cook

Faculty Publications & Other Works

Jeffrey Epstein, a wealthy, white, billionaire child rapist, ran an international sex trafficking ring. Rather than prosecute Epstein, Alex Acosta, a former United States Attorney, brokered a deal with Epstein’s defense attorneys coined, “the sweetheart deal of the century.” When Acosta abdicated his role as a state functionary and allowed Epstein’s defense attorneys to dictate the terms of Epstein’s freedom, Acosta gave the power of the State to private parties to protect a recidivist child rapist.

The failure to prosecute Epstein is all the more problematic because it sits at the epicenter of mass incarceration. Through its carceral system, the …

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Tax Law, Religion, And Justice: An Exploration Of Theological Reflections On Taxation. By Allen Calhoun, Samuel D. Brunson Jan 2023

Tax Law, Religion, And Justice: An Exploration Of Theological Reflections On Taxation. By Allen Calhoun, Samuel D. Brunson

Faculty Publications & Other Works

Since its inception, Congress has used the income tax to accomplish multiple divergent goals. Raising revenue for an expanding array of state functions has always been one critical goal, but has never been the only one. Among other things, Congress has consistently used the income tax to reduce economic inequality, both through progressive tax rates and through redistributive benefits. While these redistributive goals have always underlain the federal income tax, by the middle of the twentieth century, politicians and tax theorists began to view redistribution ambivalently. Concerns over the efficiency of the tax began to displace equitable concerns. Rather than …

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The History Of Religious Hiring At American Catholic Law Schools, John M. Breen, Lee J. Strang Jan 2023

The History Of Religious Hiring At American Catholic Law Schools, John M. Breen, Lee J. Strang

Faculty Publications & Other Works

A mission-driven institution requires personnel who are competent for the realization of the mission. The following article examines the practice of Catholic law schools hiring Catholics as law professors throughout the over 150-year history of Catholic legal education in the United States. The history shows that Catholic law schools alternately sought to hire Catholics as law professors or to hire individuals without regard to their religious affiliation as these schools’ self-understanding of mission changed over time.

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Leave Your Conscience At The Court: Religious Tax Protest Before And After Rfra, Samuel D. Brunson Jan 2023

Leave Your Conscience At The Court: Religious Tax Protest Before And After Rfra, Samuel D. Brunson

Faculty Publications & Other Works

In the 1970s and 1980s, a number of Americans objected, on religious grounds, to paying income taxes on the grounds that certain government spending violated their religious beliefs. These religious tax protestors largely came from two traditions: Catholics, who opposed government spending on abortion and Quakers, whose Peace Testimony prohibited them from paying taxes that funded war.

These First Amendment objections proved singularly unavailing. Courts consistently held that the Free Exercise Clause of the Constitution does not excuse tax payments, irrespective of the sincerity and ardor of a religious believer’s objections. This constitutional rule was fundamental and established enough that …

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A More Capacious Concept Of Church, Samuel D. Brunson Jan 2023

A More Capacious Concept Of Church, Samuel D. Brunson

Faculty Publications & Other Works

United States tax law provides churches with extra benefits and robust protection from IRS enforcement actions. Churches and religious organizations are automatically exempt from the income tax without needing to apply to be so recognized and without needing to file a tax return. Beyond that, churches are protected from audit by stringent procedures. There are good reasons to consider providing a distance between church and state, including the state tax authority. In many instances, Congress granted churches preferential tax treatment to try to avoid excess entanglement between church and state, though that preferential treatment often just shifts the locus of …

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Artificial Intelligence On Indian Reservations In The United States: Prospects And Challenges, Adam Crepelle Jan 2023

Artificial Intelligence On Indian Reservations In The United States: Prospects And Challenges, Adam Crepelle

Faculty Publications & Other Works

Increases in computing power have contributed to tremendous improvements in Artificial Intelligence (AI). Despite increasing deployment of AI by public, private, and nonprofit organizations, consideration of AI on American Indian reservations remains in its infancy. In this paper, we suggest that consideration of Internet policy on tribal lands should be expanded beyond consideration of barriers to broadband access to include responsible adoption of emergent technologies, including AI. To facilitate such consideration, we consider the prospects and challenge for deployment of AI in public, private, and nonprofit applications on Indian reservations in the United States. Our particular focus is on how …

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The Never-Ending Struggle For Tribal Fishing Rights, Adam Crepelle Jan 2023

The Never-Ending Struggle For Tribal Fishing Rights, Adam Crepelle

Faculty Publications & Other Works

The World Trade Organization’s 2022 Agreement on Fisheries Subsidies failed to acknowledge Indigenous rights. This is problematic, particularly in the United States where tribes have constitutionally recognized sovereignty. Three tribes located within California have taken it upon themselves to assert their sovereignty by creating the United States’ first Indigenous Marine Stewardship Area (IMSA). While the tribes’ jurisdictional power over the IMSA is unclear, the tribes are in the initial stages of comanaging the area with the state of California. Collaborations based upon mutual respect are likely to produce positive results for Indigenous Peoples, the surrounding jurisdiction, and the environment.

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Does Expanding Tribal Jurisdiction Improve Tribal Economies: Lessons From Arizona, Adam Crepelle Jan 2023

Does Expanding Tribal Jurisdiction Improve Tribal Economies: Lessons From Arizona, Adam Crepelle

Faculty Publications & Other Works

In 2013, Congress reaffirmed tribes’ inherent authority to prosecute all persons who commit dating violence, domestic violence, or violate a protective order against Indian women on tribal land in the Violence Against Women Reauthorization Act (VAWA). Congress required tribes to comply with strict procedural safeguards prior to implementing VAWA. We test the hypothesis that because improved procedural standards, as well as guaranteed rights, strengthen the belief in fair trials for individuals and businesses on the reservation as well as others who might consider operating a business on the reservation, VAWA adoption ultimately results in higher income for Indians residing on …

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Making Red Lives Matter: Public Choice Theory And Indian Country Crime, Adam Crepelle Jan 2023

Making Red Lives Matter: Public Choice Theory And Indian Country Crime, Adam Crepelle

Faculty Publications & Other Works

American Indians are victims of violence at higher rates than members of any other racial group. Nevertheless, Indian victims receive little media attention. Aside from the prevalence of violence against Indians, the violence is unique because of the rules governing Indian country law enforcement. Tribes, absent compliance with federally mandated procedural safeguards, cannot prosecute non-Indian criminals. While state or federal law enforcement have jurisdiction over reservation crimes involving non-Indian perpetrators, they often fail to respond. Hence, non-Indians know they can target Indians with little fear of reprisal. This Article argues the rules governing Indian country crimes were not designed to …

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Perpetrators Or Victims? The U.S. Response To The Forced Criminality Of Children, Katherine Kaufka Walts, Meghan Scholnick, Joanne Curley Jan 2023

Perpetrators Or Victims? The U.S. Response To The Forced Criminality Of Children, Katherine Kaufka Walts, Meghan Scholnick, Joanne Curley

Faculty Publications & Other Works

No abstract provided.

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Antitrust And Pop Culture: The Sequel, Spencer Weber Waller Jan 2023

Antitrust And Pop Culture: The Sequel, Spencer Weber Waller

Faculty Publications & Other Works

Every pop culture success receives the inevitable sequel. In spring 2022, I published A Pop Culture Guide to Antitrust showing how antitrust is depicted in the movies, on stage, in pop music, fiction, true crime, and on television and streaming services. Since 2022, the connection between antitrust and pop culture has only grown in importance.

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To Learn What People Want, Ask, Sarah E. Waldeck Jan 2023

To Learn What People Want, Ask, Sarah E. Waldeck

Faculty Publications & Other Works

No abstract provided.

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Bespoke Antitrust, Spencer Weber Waller, Harry First Jan 2023

Bespoke Antitrust, Spencer Weber Waller, Harry First

Faculty Publications & Other Works

No abstract provided.

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Prescribing Exploitation, Charlotte A. Tschider Jan 2023

Prescribing Exploitation, Charlotte A. Tschider

Faculty Publications & Other Works

Patients are increasingly reliant temporarily, if not indefinitely, on connected medical devices and wearables, many of which use artificial intelligence (“AI”) infrastructures and physical housing that directly interacts with the human body. The automated systems that drive the infrastructures of medical devices and wearables, especially those using complex AI, often use dynamically inscrutable algorithms that may render discriminatory effects that alter paths of treatment and other aspects of patient welfare.

Previous contributions to the literature, however, have not explored how AI technologies animate exploitation of medical technology users. Although all commercial relationships may exploit users to some degree, some forms …

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The Challenges Of Police Defunding And The Reimagination Of Public Safety, Stephen Rushin Jan 2023

The Challenges Of Police Defunding And The Reimagination Of Public Safety, Stephen Rushin

Faculty Publications & Other Works

No abstract provided.

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The Law Enforcement Lobby, Stephen Rushin, Zoe Robinson Jan 2023

The Law Enforcement Lobby, Stephen Rushin, Zoe Robinson

Faculty Publications & Other Works

The law enforcement lobby represents one of the most important and undertheorized barriers to criminal justice reform. We define the law enforcement lobby as the constellation of entrenched actors within the justice system—particularly police unions, correctional officer unions, and prosecutor associations—that exert an outsized role in policy development. The law enforcement lobby operates largely without coordinated opposition, resulting in capture of criminal justice policymaking and skewed policy outcomes that often institutionalize injustice and subordination. The strength of the law enforcement lobby also presents a challenge to the growing defunding and abolition movements. Nevertheless, the law enforcement lobby remains at the …

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A Federal Legislative Proposal To Address The Demise Of The Bivens Remedy, Henry Rose Jan 2023

A Federal Legislative Proposal To Address The Demise Of The Bivens Remedy, Henry Rose

Faculty Publications & Other Works

No abstract provided.

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Norm-Shifting For Win-Win Change, Kalyani Robbins Jan 2023

Norm-Shifting For Win-Win Change, Kalyani Robbins

Faculty Publications & Other Works

No abstract provided.

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Uncharted Waters: Can Water Rights Principles Stem The Tide Of Ecosystem Services Loss?, Kalyani Robbins Jan 2023

Uncharted Waters: Can Water Rights Principles Stem The Tide Of Ecosystem Services Loss?, Kalyani Robbins

Faculty Publications & Other Works

This article will explore the ways in which we might apply aspects of the conceptual framework developed through centuries of water law to the modern need for property interests in ecosystem services.

Water itself is a high-value ecosystem service, largely within the category of “provisioning” ecosystem services. We need access to water to survive, which has resulted in centuries of varying legal approaches to allocating rights to water. Although this right has traditionally been extractive, in the modern era we have developed increasing protections for in-stream benefits as well. While not uniform across jurisdictions, water law is now a highly …

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If A Defendant Is Acquitted And Convicted Of Offenses Arising Out Of The Same Conduct And The Judgements Are Declared Void, Can The State Retry The Defendant On The Acquitted Charge?, Alan Raphael, Danya Moodabagil Jan 2023

If A Defendant Is Acquitted And Convicted Of Offenses Arising Out Of The Same Conduct And The Judgements Are Declared Void, Can The State Retry The Defendant On The Acquitted Charge?, Alan Raphael, Danya Moodabagil

Faculty Publications & Other Works

No abstract provided.

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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.

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Restorative Justice And The Rights Of Nature: Using Indigenous Legal Traditions To Influence Cultural Change And Promote Environmental Protection, Anne Haluska Jan 2023

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.

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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.

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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 …

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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.

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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.

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Preempting State Prevention: How Fda Regulation Ensures Access To Abortion Medication, Jared Shea Jan 2023

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

Mitchell Hamline Law Review

No abstract provided.

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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.

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