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Rejections at the Border: Concerning Patterns in the United States and European Union Asylum Policies, a Comparative View of the United States’ Title 42 Policy and Spain’s Pushbacks in Ceuta and Melilla
By Michelle Furrer January 2023 update: On December 27, 2022, the U.S. Supreme Court granted a stay in the case of Arizona, et al. v. Alejandro Mayorkas, Secretary of Homeland Security, effectively ruling it would keep Title 42 in place…
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A Look at the Rise of Anti-BDS Laws in the United States
By Monica Shaffer I. Introduction Over the last ten years, bills that prohibit freedom of expression have been proposed and even passed at disturbingly high rates by both state and federal legislative bodies, but they slide under the radar. They…
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Undreaming the Dream: the Future of DACA
By Favio Ramirez Caminatti* Introduction Imagine that you were raised as an average American child. You have a family and a home with a white picket fence. You graduated from a public school and, while attending high school, think about…
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Election Security 2020: How Safe is your Vote?
By Josh Numainville* Introduction Four years removed from the 2016 Presidential Election, politicians continue to debate the extent and effect of Russia’s election interference.1 Despite this polemical handwringing, the United States intelligence community has been clear in its assessment: election…
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New Turf for Lawn Sign Wars: Free Speech and the Limitation on Candidate Lawn Signs
By Carly Johnson* Introduction There is an old adage in campaign politics that “lawn signs do not vote, people do.”1 But the signs, and people behind them, can act as an introduction to a candidate and as a signal that…
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Can Employers Mandate the COVID Vaccine?: Assessing the Implications of Emergency Use Authorization
By Isaac Mamaysky* As employers acclimate to our “new normal,” the COVID vaccine’s emergency status has led to extensive speculation about whether employers can mandate that their employees be vaccinated.1 While long-established immunizations have full approvals from the FDA, the…
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Under Recent Court Rulings, the Minnesota DNR Now Has the Option to Expand Upcoming PolyMet Contested Case Hearing
By Kevin Swanberg* In Northeastern Minnesota, political and legal controversy surrounds a proposed copper-sulfide mine near the St. Louis River and Lake Superior.1 This mine, referred to as the Northmet Project by Polymet Mining, or simply Polymet, excites proponents because…
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Emerging Themes from the Healthy Food Policy Project’s COVID-19 Food Access Municipal Policy Index
By Rachel Lantz, with support from other contributors to the Healthy Food Policy Project (HFPP), including Amanda Karls, Claire Child, Lihlani Nelson, Rebecca Hare, Sally Mancini, and Whitney Shields. HFPP is a collaboration between the Center for Agriculture and Food…
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Minnesota House Passes Public Safety Package: Will This Be the Change Communities Need?
By Sheena Denny* On April 22, 2021, the Minnesota House of Representatives passed an omnibus public safety and criminal justice reform finance bill that focused on police reform and incorporated many police accountability measures sought by activists. The bill, sponsored…
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ABA Releases Survey on the Holistic Impact of Student Debt on Today’s Young Lawyer But Fails to Call for Holistic Solution: Abolition of Law School Tuition and Student Debt
By Grace Dokken-Smith* In March of 2020, Congress passed the CARES Act initiating a moratorium on federal student loan payments.1 A controversial U.S. Secretary of Education, Betsy Devos, issued a general statement that the moratorium and subsequent extension of the…
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Clara Anderson v. City of St. Paul: A Woman’s Fight to Save Her Job in the Face of Discrimination
John H. Guthmann is the Chief Judge of Minnesota’s Second Judicial District and a member of the Ramsey County Historical Society Board of Directors. He graduated from Cornell College in Mount Vernon, Iowa, with a double major in history and political science in…
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Does Voter Fraud Pay? Texas Lt. Gov. Dan Patrick’s $1 Million Voter Fraud Offer
By Michael Conklin* Introduction Texas Lieutenant Governor Dan Patrick put out a press release stating, in relevant part, “[S]tarting today [I] will pay up to $1 million to incentivize, encourage and reward people to come forward and report voter fraud. . . .…
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Botched Statistics on Botched Executions: Refuting Austin Sarat’s Claims
By Michael Conklin* Introduction In 2014, Austin Sarat presented findings on the botch rates of various execution methods.1 Sarat’s statistics on death penalty botch rates have been cited by law review articles promoting various policies, including the use of firing…
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The Immigration Judiciary’s Need for Independence: Breaking Free from the Shackles of the Attorney General and the Powers of the Executive Branch
By Daniel Buteyn* Introduction President Donald Trump’s strict immigration policies beg the need to evaluate the country’s immigration judiciary proceedings. How exactly do immigration courts function compared to civil or criminal court procedures? In short, the immigration courts are controlled…
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Estate Planning During COVID-19: Easing Will Formalities to Allow Virtual Execution
By Bailey D. Barnes* Introduction As the novel coronavirus, or COVID-19, continues to cause devastation and disrupt everyday life in the United States, it is important that individuals—particularly those in hospitals, nursing homes, and long-term care facilities—are able to have…
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Child Advocacy Studies (CAST): A National Movement to Improve the Undergraduate and Graduate Training of Child Protection Professionals
There is a significant and growing body of research documenting the poor quality of undergraduate and graduate training of professionals in the criminal justice, child protection, medical, and mental health fields on child abuse. Unless this training is received on…
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A Tribute to RBG
By Sheena Denny* and Julia Durst** “Fight for the things that you care about but do it in a way that will lead others to join you.” Ruth Bader Ginsburg lived by these words and challenged all of us to rise…
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History
William Mitchell Legacy In 1972, a student-faculty committee at William Mitchell College of Law recommended starting a law review. At the time, the idea was surprisingly controversial. The College was still a part-time night school, and law reviews, many believed,…
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The Death of Academic Support: Creating a Truly Experiential, Integrated, and Assessment-Driven Academic Success and Bar Preparation Program (Part I of II)
“For students who enter law school with less strong LSAT scores, academic backgrounds, and analytical skills, then, how well they do on the bar exam will reflect how well the law school acted to provide necessary academic support.” For too…
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Rape is Not an Injury Incident to Military Service – A Plea for SCOTUS to Reexamine the Feres Doctrine
By Sara N. Westerberg* In May of 2021, the United States Supreme Court rejected an appeal from a servicemember who claimed to have been raped as a West Point cadet.1 The servicemember, known only as Jane Doe, attempted to sue…
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Fostering Client Altruism and the Common Good in the Practice of Law: Learning from Emerging Movements in Business and Economics
Lawyers have a special role in the United States. When the drafters of the U. S. Constitution began with the idea that its purpose was “to form a more perfect union [and] establish justice,” lawyers were inserted at the center…
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Wounded Souls: The Need for Child Protection Professionals and Faith Leaders to Recognize and Respond to the Spiritual Impact of Child Abuse
“We must accept finite disappointment but never lose infinite hope.” —Martin Luther King A seven-year-old girl has detailed sexual abuse during a forensic interview conducted at a Children’s Advocacy Center. “I’ve asked you a lot of questions,” the forensic interviewer…
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New Year’s Resolutions: Attorney Wellness
by Geri Sjoquist* The Concept of Interconnectedness There has been a lot of talk about attorney wellness over the past year. New words and phrases, such as mindfulness, have become commonplace. As we begin 2020, I would like to focus…
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Unpacking Frye-Mack: A Critical Analysis of Minnesota’s Frye-Mack Standard for Admitting Scientific Evidence
“Any sufficiently advanced technology is indistinguishable from magic.” As technology and science advance with increasing speed and scope, courts are tasked with increasingly difficult determinations on admissibility of evidence. Using in-court experts to explain scientific methods has become necessary; however,…
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A Reverent Homage to David Fulton Herr
David, we miss you dearly. We loved your friendship, your passion for the law, your affection for your family, your curiosity about life, your charisma and virtues, and the joy you brought to our lives. You were easy to admire,…