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The Demand Side of Sex Trafficking in Minnesota: The Who, Where, and Why—And What We Can Do About It
“I took only one course in business management and economics, but it seems pretty basic to me. Without customers, you don’t have any business and you will fold Police have attacked prostitution with the wrong method. They’ve gone after the…
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A Prosecutor’s Comment on Mental Health Court—Realizing the Goal of Long-Term Public Safety
“John Doe,” an inveterate thief and shoplifter, was arrested and charged with terroristic threats after threatening the life of a grocery store employee who confronted him about stealing soda and chips at a local store. The police were called after…
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Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission
The website for Masterpiece Cakeshop says, “Jack Phillips creates a masterpiece. Custom designs are his specialty: If you can think it up, Jack can make it into a cake!” Well, not quite. He can bake a cake. He can bake…
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Combating For-Profit Education’s Use of Erroneous, Deceptive, and Misleading Practices Against Veterans and the GI Bill
Nearly 800,000 veterans and family members every year use Post- 9/11 GI Bill benefits through Department of Veterans Affairs (VA). The GI Bill benefits program is the VA’s largest education- assistance program, covering expenses for military veterans and eligible dependents…
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Consent, Appropriation by Manipulation, and the 10-Year Challenge: How an Internet Meme Complicated Biometric Information Privacy
In 2019, a viral Internet meme called the “10-Year Challenge” flooded social-media newsfeeds, asking users the question: “How hard did aging hit you?” Users responded by sharing side-by-side photographs of themselves from 2009 and 2019 with their followers. While the…
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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…
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Social Media, The Modern Public Forum: The State Action Doctrine and Resurrection of Marsh
It is a foundational right, protected by the First Amendment, that citizens of the United States have freedom of speech and expression in public fora. However, traditional public fora have become obsolete and archaic in the digital age. Social media…
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Improving Insanity Aftercare
[T]he public’s acceptance of the insanity defense rests upon confidence in a rational and responsible system to manage insanity acquittees. – Stuart B. Silver & Christiane Tellefsen More than a decade ago, Martin Smith walked into a Texas grocery store…
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Virtual Justice: Criminalizing Avatar Sexual Assault in Metaverse Spaces
This Note contains candid discussions with descriptions of sexual assault and sexual misconduct to further the Note’s argument in favor of criminal punishment of certain behaviors in virtual settings such as the metaverse. Such descriptive discussions may be triggering and…
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When We Need Someone to Blame: Officer Suicide, Justice, and the Felony Murder Rules in the Casey White Case
On April 29, 2022, Casey White and Vicky White walked out of the Lauderdale County Detention Center in Florence, Alabama, and began an eleven-day escape together. What sparked this journey depends on who tells the story. Some believe that Casey—an…
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Property: A Missed Opportunity: Minnesota Supreme Court Shies Away from Clarifying the Discovery Rule to Toll the Statute of Limitations in Construction-Defect Litigation—328 Barry Avenue, LLC v. Nolan Property Group, LLC
In 328 Barry Avenue v. Nolan Properties Group, the Minnesota Supreme Court held that the statute of limitations under section 541.051, applying to claims of defective construction of an improvement to real property, does not require that construction be substantially…
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A Pleasure to Burn: How First Amendment Jurisprudence on Book Banning Bolsters White Supremacy
Public school libraries are facing an unprecedented number of attempts to ban books from their shelves. The mounting pressure levied by parents, community members, and political groups against school administrators threatens to overwhelm attempts to enhance students’ access to information—particularly…
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My Brother’s Keeper: Using the Intelligence Toolbox on Domestic Terrorism
I remember the morning of April 19, 1995. I was seven years old and confused by the rubble that consistently flashed across my television. Words like “Oklahoma City Bombing” hung in the air, and Timothy McVeigh became synonymous with evil.…
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Congress Strikes Back: The Institutionalization of the Congressional Review Act
“Right now, I feel like I could take on the whole empire myself,” Dak declared shortly before the Battle of Hoth. Though Luke Skywalker’s co-pilot did not mean American federal bureaucracy, the United States Congress shared a similar disdain for…
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Merging Two Excellent Schools to Create a Great Law School
The merger of William Mitchell College of Law and Hamline University School of Law is exceptional news for the legal community in Minnesota, for current and prospective students, and for our country’s legal system. Our federal judges, a number of…
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Prevailing Parties in Mediation
The term “prevailing party” first appeared in a federal statute in the Bankruptcy Act of 1867, which provided that “[t]he party prevailing in the suit shall be entitled to costs against the adverse party.” Since then, it has become commonplace…
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Damages for Tortious Harm to Pets: Minnesota’s Market Value Approach Severely Undercompensates Plaintiffs
Since the start of the COVID-19 pandemic, the world has experienced immense loss: loss of normalcy, loss of human interaction, and loss of good health to name a few. For an estimated twenty-three million American households, however, it was also…
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Merging the Social and the Public: How Social Media Platforms Could Be a New Public Forum
When Facebook and other social media sites announced in August 2018 that they would ban extremist speakers, such as conspiracy theorist Alex Jones, for violating their rules against hate speech, reactions were strong. People either criticized the ban by saying…
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Think Like a Lawyer, Act Like a Mogul: Tackling Practical Business Problems in a Changing Legal Landscape
Amidst evolutions of technology and changes in the economy, the practice of law has changed such that being a lawyer today is not the same as it was even ten years ago. Part of this change can be attributed to…
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Sex Offenders and Internet Speech: First Amendment Protections for America’s Most Reviled Outcasts
On Sunday, April 22, 2018, James Cornelio was arrested in his Connecticut home after a judge signed a warrant for his arrest. Mr. Cornelio was charged with a class D felony, a crime punishable by up to five years in…
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The Winter of Discontent: A Circumscribed Chevron
Now is the winter of our discontentMade glorious summer by this sun of York;And all the clouds that lour’d upon our houseIn the deep bosom of the ocean buried. Anti-administrativists are poised for a coup d’état. For the last thirty…
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Foreword
On December 10, 2015, Hamline University School of Law and William Mitchell College of Law combined to create the largest law school in Minnesota. This was a historic step in the history of legal education in America, and it elevated…
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Copyrighting Tattoos: Artist vs. Client in the Battle of the (Waiver) Forms
A few decades ago, a tattoo was something you got in one of three places: in jail, in the Navy, or as part of your initiation into a motorcycle gang. Today, tattoos are something you get as a form of…
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Women, Motherhood, and the Quest For Easier Entry Into Campaigns for Elected Office
As more and more women enter the field of electoral politics and become candidates for federal and state office, they will continue to bring their unique perspectives to the myriad of policy questions and challenges of governing. The increased number…
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When Binding Doesn’t Really Mean Binding: The Early Decision College Application
As more and more women enter the field of electoral politics and become candidates for federal and state office, they will continue to bring their unique perspectives to the myriad of policy questions and challenges of governing. The increased number…