The Attack on TPS

By David Wilson and Kelsey Friberg

Wilson Law Group

David Wilson, ’97, is the Managing Attorney of Wilson Law Group.  David litigates immigration law issues before the Executive Office for Immigration Review, Federal District Courts, and Federal Circuit Courts. David also was a member of the Wm. Mitchell L. Rev. as an Executive Editor.

Kelsey Friberg is an Immigration Attorney with Wilson Law Group.  Kelsey litigates immigration law issues before US Citizenship & Immigration Services, the Executive Office for Immigration Review, and has appeared in multiple federal court cases.

Continue reading “The Attack on TPS”

Covid-19, Abortion, and Public Health in the Culture Wars

When I was asked to write an article on the restrictions that some states sought to impose on abortion access during the Covid-19 pandemic, my initial thought was that the topic would probably be stale before I finished writing the piece. The worry was misplaced. On the one hand, all the restrictions put in place shortly after the pandemic began either expired or were defeated before the summer of 2020—long before the publication of this article. But attempts to restrict access to abortion in the United States are evergreen. The topic is continually relevant.

Continue reading “Covid-19, Abortion, and Public Health in the Culture Wars”

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)

Under the First Amendment, “[t]he method for protecting freedom of worship and freedom of conscience in religious matters is quite the reverse” of that used to protect general freedom of speech. Unlike with speech, the government generally does not participate in religious dialogue or debate, as “the Framers deemed religious establishment antithetical to the freedom of all.” Where the Free Exercise Clause embraces freedom of conscience and worship parallel to the speech provisions of the First Amendment, the Establishment Clause specifically prohibits “state intervention in religious affairs.” Yet courts have long recognized that “there is room for play in the joints” between the Establishment Clause and the Free Exercise Clause.

Continue reading “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)”

Moving Ahead: Finding Opportunities for Transactional Training in Remote Legal Education

This article builds on the many calls for teaching business acumen and transactional skills in law school with a timely insight: the shift to remote legal education creates opportunities to do so, in particular by incorporating practice problems and mini-simulations in doctrinal courses. Weaving together the literature on emerging best practices in online legal education, cognitive psychology, and the science of teaching and learning, Professor Reise argues that adding formative assessments and experiential education is effective in teaching and is critical in remote learning.

Continue reading “Moving Ahead: Finding Opportunities for Transactional Training in Remote Legal Education”

From Common Law to Affirmative Consent: Reforming Minnesota’s Criminal Sexual Conduct Laws

The time to reform Minnesota’s criminal sexual conduct (“CSC”) laws is now. Conceptions of sex, rape, and consent have evolved from paternalistic ideals and given way to modern reforms and an ever-expanding understanding of sexual relationships. One need only watch cringeworthy interactions of sex symbols of earlier decades to understand how drastic this shift has been. For example, take what was an entirely acceptable scene in the PG-rated, 1964 film Goldfinger. James Bond corners his female co-star, Pussy Galore, in a stable and makes several sexual advances, which Galore rejects. He then attacks Galore, who pushes him away. Finally, Bond pins Galore to the ground and kisses her. Galore continues to resist Bond, but eventually, Galore gives in, and the scene cuts away. Galore later changes allegiances and helps Bond defeat his nemesis, Auric Goldfinger. The essential takeaway from this scene and the movie overall is clear: if not for Bond’s ability to overpower Galore’s initial lack of consent, Goldfinger would have been successful in his plan to destroy Fort Knox.

Continue reading “From Common Law to Affirmative Consent: Reforming Minnesota’s Criminal Sexual Conduct Laws”