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”
-
A Prescription for Crisis: Opioids, Patients, and the Controlled Substances Act
The opioid crisis is one that continues to astonish the public. From the lack of accountability, poor government oversight, inconsistent enforcement, and an all-out failure to bring it to a head, the crisis is a never-ending disaster seemingly playing on…
-
The Criminal Continues to Go Free When the Constable Blunders: Testing the Boundaries of Curtilage—State V. Chute, 908 N.W.2D 578 (Minn. 2018)
The Minnesota Supreme Court recently held in State v. Chute that evidence obtained without a warrant from a plain-sight investigation of a person’s driveway, which is impliedly open to the public, is the result of an unreasonable search under the…
-
Contracts: A Question of Consideration: Medical Staff Bylaws as an Enforceable Contract—Medical Staff of Avera Marshall Regional Medical Center v. Avera Marshall
The Minnesota Supreme Court recently held in Medical Staff of Avera Marshall Regional Medical Center v. Avera Marshall that medical staff bylaws constitute an enforceable contract between a hospital and its medical staff. Finding no preexisting duties, the majority determined…
-
Criminal Law: Your Body Is Not Your Temple—State v. Bernard
The Minnesota Supreme Court recently held that a warrant is not required to perform a breath test of an individual arrested on suspicion of driving while intoxicated because such a search falls into the search-incident-to-arrest exception to the warrant requirement…
-
The Surprising Harms Hidden Within the No Surprises Act
The United States spends nearly $4.3 trillion dollars a year on health care, the highest sum of any developed country. In 2021, this averaged about $12,900 per person, which is nearly double the average per capita spending of comparable nations.…
-
Volume 47 Masthead
Board of Editors Editor-in-Chief Ellie Orrick Associate Editor-in-Chief Taylor Stremler Notes & Comments Editor Claire Beyer Symposium Editor Susan Trombley Executive Online Editors Jack Edell Daniel Buteyn Articles Editors Carly Johnson Claire Gutknecht Katy Rollins Kathryn Simunic Managing Editors Libby…
-
Volume 44 Masthead
Board of Editors Editor-in-Chief N. Chethana Perera Symposium Editor David (Michael) Waldrop Executive Editors Zachary Alter Paul Fling Marcus Jardine Jeremy Krahn Alexandra Kroeger Notes & Comments Editor Alexandra Kieley Managing Editors Elizabeth (Libby) Due Chelsey Enderle (Co-Head) Melinda McElheny…
-
Islamic Republic: An Oxymoron From a Sharia-based Religion to a Fiqh-based Cult
The Islamic Republic of Iran provides a contemporary example of a theocratic government whose constitutional duty is to ensure, at all costs, that the people act in accordance with the Shia version of the Sharia: “Today, however, the success and…
-
Volume 45 Masthead
Board of Editors Editor-in-Chief Rebekah E. Cohen Executive Editors Lisa Cline Richard Dornfeld Richard A. Podvin Online Executive Editors Samuel Foster David Milavetz Symposium Editor Lukas Boehning Notes & Comments Editor Kristin Stock Managing Editors Andrew Case Alyssa Bruns Stuart…
-
The Standing Dead: An Analysis of Nonhuman Personhood in U.S. Jurisprudence
The United States Declaration of Independence states that “all men . . . are endowed by their Creator with certain unalienable Rights.” But should any such rights extend to nonhuman entities? This paper argues that a proper allocation of an…
-
Charter Schools and School Desegregation Law
In Bibb County, Georgia, home to the city of Macon, a racial dividing line runs through the schools. Like many places in this part of the South, most of the population is black. That is reflected in the education system:…
-
Trinity Lutheran and the Future of Educational Choice: Implications for State Blaine Amendments
State constitutional Blaine Amendments, which prohibit the expenditure of state funds on religious educational institutions, have for decades impeded educational choice programs This may be changing. The United States Supreme Court’s decision in Trinity Lutheran v. Comer opened the door…
-
The Question of Speech on Private Campuses and the Answer Nobody Wants to Hear
This article considers whether the law can or should protect speech on private college and university campuses. The easy answer is “yes.” After all, both public and private institutions are places of learning and inquiry. Therefore, at first, it might…
-
Volume 49 Masthead
Editorial Board Editor-in-Chief Deven Bowdry Associate-Editor-in-Chief Grace Dokken-Smith Articles Editors April Aylesworth Dana Ohman Monica Shaffer Notes & Comments Editors Jordan Engler Michelle Furrer Online Editor Arina Filippenko Symposium Editor Grace Hoffman Managing Editors Gabriela Anderson Scott Bryson Zack Cairns…
-
Should the Call for Systemic Change Start with Police Grievance Arbitration?
Police grievance arbitrations play a major role in whether police officers keep or lose their jobs following discipline imposed by the police department they work for. In May 2020, Minneapolis, Minnesota and the rest of the nation erupted after watching…
-
Constitutional Law: Courts Should Not Forfeit the Barker Factors in Civil Forfeiture—Olson v. One 1999 Lexus MN License Plate No. 851LDV VIN: JT6HF10U6X0079461, 924 N.W.2d 594 (Minn. 2019)
In Olson v. One 1999 Lexus, the Minnesota Supreme Court faced the challenge of determining whether a Minnesota vehicle forfeiture statute violated due process in light of an eighteen-month delay between the seizure of a vehicle and the post-seizure hearing.…
-
From Warren to Burger: Race Relations Inside the Court
Chief Justice Warren E. Burger is an unsung hero in our nation’s struggle to remove vestiges of racial segregation and race-based slavery and to create an environment of racial equality and equal treatment. What is noteworthy about Burger’s contribution to…
-
The Elasticity of Protected Speech: A Balance of Breadth
“The right to swing my fist ends where the other man’s nose begins” is an axiom not always, but often attributed to Oliver Wendell Holmes. Whichever learned individual penned it, the quotation exemplifies the omnipresent and judicially confounding tension between…
-
Blood on Their Hands: What Minnesota Authorities Can Do with Broad Warrants for Blood Draw Testing—State v. Fawcett
The Fourth Amendment of the United States Constitution and article I, section 10 of the Minnesota Constitution clearly prohibit unreasonable searches and seizures. In light of what can be found in a person’s blood with today’s technology, defining what constitutes…
-
Justice David Hackett Souter and the Right to Privacy
This Article contains explicit depictions and discussions of abortion and related medical procedures. Such descriptive discussions may be triggering or distressing for some readers. This Article also references passive euthanasia processes. Reader discretion is advised. Additionally, this Article explores historic case law…
-
From Langdell to Lab: The Opportunities and Challenges of Experiential Learning in the First Semester
Time is the friend of learning and the enemy of teaching. Learners learn best when they have ample time to explore, experiment, fail, and reflect. Teaching, at least teaching in a graduate professional program like law school, is time-limited: a…
-
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…
-
2024 Symposium – LGBTQ+ and the Law
Mitchell Hamline Law Review is excited to invite you to our spring symposium in collaboration with Out!Law: LGBTQ+ and the Law on Friday, May 3, 2024. The symposium will feature two events: one panel featuring lawyers, individuals in public service, and activists who…
-
Anatomical Diagrams and Dolls: Guidelines for Their Usage in Forensic Interviews and Courts of Law
A guest speaker at school discusses personal safety and the sensitive subject of child maltreatment, informing the group of second-graders that some secrets do not need to be kept. Impacted by the lesson, a student approaches his instructor and asks,…
-
Civil Procedure: Notifying Justice: “Reasonable Actual Notice” in Service of Process—DeCook v. Olmsted Medical Center, Inc.
I am not an advocate for frequent changes in laws and Constitutions. But laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made,…