Search results for: “Hilfsreiche Prüfungsunterlagen verwirklicht Ihren Wunsch nach der Zertifikat der Certified Implementation Specialist – Vulnerability Response 🦅 Suchen Sie jetzt auf ➽ www.itzert.com 🢪 nach ☀ CIS-VR ️☀️ und laden Sie es kostenlos herunter 🚹CIS-VR Praxisprüfung”
-
Human Rights Laws and Authorship Norms
When The Soul of Creativity was published nearly ten years ago, the role of human rights in Intellectual Property law was a relatively uncharted territory, and this is still essentially the case. It is also still the case that moral…
-
About the Mitchell Hamline Law Review
The Mitchell Hamline Law Review is a student-edited journal. The Mitchell Hamline Law Review is the product of the merger of Hamline Law Review and William Mitchell Law Review in 2016. Beginning with the founding of William Mitchell Law Review…
-
Civil Procedure: You’ve Been Served . . . Or Have You?—Jaeger v. Palladium Holdings
In Jaeger v. Palladium, the Minnesota Supreme Court adopted a plain meaning construction of the “then residing therein” requirement for substitute service at an individual’s usual place of abode, rejecting the nexus test originally advanced by the Minnesota Court of…
-
Inefficient Mercy: The Procedural, Constitutional, and Prudential Issues that Plague Minnesota’s Pardoning Process
In this paper, I will discuss the procedural, constitutional, and prudential issues that plague the current pardoning system employed in Minnesota. I ultimately advocate for the reform of this process. I begin by describing the three grants of clemency that…
-
The Supreme Court’s Worst Decision in Recent Years – Garcetti v. Ceballos, the Dred Scott Decision for Public Employees
We hold that when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate them from discipline. – Justice Anthony Kennedy in Garcetti v.…
-
Torts: Sacrificing Individual Recovery for Media Protection—Larson v. Gannett Co., 940 N.W.2d 120 (Minn. 2020)
Imagine a scenario in which a city is in unrest; a man has been killed at the hands of police officers, so protestors have been filling the streets for days, demanding change. In the midst of a protest, a semi-truck…
-
The Runaway Jury of Joaquín ‘El Chapo’ Guzmán; Or Dishonesty Only Our Justice System Could Ratify
Joaquín Guzmán Loera, known as “El Chapo,” was convicted of an array of drug offenses on February 12, 2019, in a federal court in Brooklyn after an eleven-week trial. The Second Circuit Court of Appeals upheld the conviction on January…
-
Identifying a Proper Analytical Framework: Claims of Admission of Inadmissible Evidence as Prosecutorial Misconduct
Prosecutorial error and misconduct can cause significant problems in the criminal justice system. Prosecutors are ministers of justice who “may not seek a conviction at any price.” A prosecutor has “an affirmative obligation to ensure that a defendant receives a…
-
Volume 43 Masthead
Editor-in-Chief Elizabeth M. C. Scheibel Executive Editors Jennifer Anderson Diane Galatowitsch Joe McGrath Kirsten Pagel Symposium Editor Joey Balthazor Notes & Comments Editor Christian Banes Online Editor David Stern Managing Editors Kenzie Corrow Jason Decker Alex Halverson Noah Johnson Aaron…
-
The Presumption of Wealthiness: How the Current Bail System in Minnesota is Problematically Classist
The United States Constitution’s Eighth Amendment states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The word “excessive” is ambiguous for several reasons, which causes controversy about defendants’ rights in criminal proceedings.…
-
The Practitioner’s Guide to Due Process Issues in Veterans Treatment Courts
Plenty of written materials exist on the benefits of problem- solving courts and, particularly, veterans treatment courts. The existence of those courts has, at the very least, demonstrated that legal professionals are attuned to the needs of veterans involved in…
-
Strictly Leakage: How Minnesota Export Subsidies Pay for Climate Pollution
“We are quite in the electric way. We boast that we have made electricity our slave, but the slave whom we do not understand is our master. And before we know him we shall be transformed.” —Charles Dudley Warner “The…
-
Reasonable Interpretation, Unreasonable Results? How Mandated Government Set-Asides for Veteran-Owned Businesses Is a Win-Loss Proposition—KingdomwareTechnologies, Inc. v. United States
In Kingdomware Technologies, Inc. v. United States, the United States Supreme Court unanimously overturned the United States Court of Appeals for the Federal Circuit, as well as years of deference to Department of Veterans Affairs (VA) practices, holding that the…
-
Property: Preoccupation With Occupancy: Defining “Residential Tenant” Under Minnesota Statute Section 504B.375—Cocchiarella v. Driggs
A tenant who enters a lease agreement gains the right to possess a landlord’s property. Accordingly, a landlord unlawfully excludes a tenant if, in bad faith, the landlord prohibits the tenant from maintaining or recovering possession of the property. In…
-
Justiciability of State Law School Segregation Claims
Courts have always been the final repository of hope for parents and students who feel that their schools are consigning them to second-class citizenship. In the United States, no modern educational injustice has a longer or more abusive history than…
-
Post-Fry IDEA and Section 504: New Intersections and Detours
The United States Supreme Court recently issued an opinion, Fry v. Napoleon Community Schools, on the interplay between special education and disability discrimination law. The decision determines when claims under Title II of the Americans with Disabilities Act (ADA) and…
-
Voting Rights for People with Diminished Mental Capacity
Voting is foundational to any democracy. In fact, “[v]oting provides citizens with an opportunity to make public decisions about policies that can impact their quality of life.” Thus, when the government denies specific subsets of the population the right to…
-
AI Entities as AI Agents: Artificial Intelligence Liability and the AI Respondeat Superior Analogy
Artificial Intelligence (AI) based entities are already causing damages and fatalities in today’s commercial world. As a result, the dispute about tort liability of AI-based machines, algorithms, agents, and robots is exponentially advancing in the scholarly world and outside of…
-
Demonstrating Value to a Corporation as In-House Counsel
The stereotypes about in-house legal departments are well established: chief financial officers see the legal department as a cost center, marketing and sales departments see the legal department as a hurdle that causes delays and stifles creativity, human resources sees…
-
Permanent Homelands Through Treaties with the United States: Restoring Faith in the Tribal Nation-U.S. Relationship in Light of the McGirt Decision
In North America, Indigenous peoples have lived, governed, stewarded, and spiritually connected to places, territories, and homelands since time immemorial. With European invasion in the Western Hemisphere, genocide was perpetrated along the east coast of the continent and spread to…
-
Apparent Authority: Minnesota Finally Rejects Categorical Exemption for Independent Contractors in Hospital Emergency Rooms and Signifies Potential for Nondelegable Duty Doctrine—Popovich v. Allina Health Sys., 946 N.W.2D 885 (MINN. 2020).
Minnesota recently joined the majority of states that apply the vicarious liability doctrine of apparent authority to hospitals for the negligence of independent contractor physicians in emergency rooms. In Popovich v. Allina Health Systems, the Minnesota Supreme Court clarified previous…
-
Not Pictured: Minnesota’s Disfavor Toward Forfeitures—Capistrant v. Lifetouch Nat’l Sch. Studios, Inc., 916 N.W.2D 23 (Minn. 2018).
In Capistrant v. Lifetouch National School Studios, Inc., the Minnesota Supreme Court adopted section 229 of the Restatement (Second) of Contracts (“Restatement Section 229”) to resolve an employment contract conflict that was contrary to Minnesota’s reluctance to enforce forfeitures. In…
-
Minnesota Revenge Porn Law: A Look at the State v. Casillas Decisions
“Revenge porn,” otherwise known as the dissemination of nonconsensual pornography, is the sharing of images or videos that portray a person engaged in an intimate or sexually explicit act without that person’s consent. Although the term “revenge porn” would seem…
-
Moving in Opposite Directions? Exploring Trends in Consumer Demand and Agricultural Production
This article explores two divergent trends in the American food system: (1) consumer demand for “real” food that is sustainably produced and (2) the economic and political forces that continue to encourage consolidation and industrialization in agricultural production. It first…
-
Fundamentally Fair? A Critical Look at the Due Process Afforded Parents in Child Protection Proceedings Under Minnesota Law
Parents have a “fundamental right to make decisions concerning the care, custody, and control of [their children].” However, more than three million parents are subject to child protection investigations every year in the United States. Approximately 700 to 800 children…