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Prioritizing the Welfare of Youth: Design Failure in Juvenile Justice and Building the Restorative Alternative
Should children who commit crimes be processed as criminals? One might argue that Minnesota has formally answered this as no. The juvenile justice system operates with procedural rules that are distinct from adult criminal law. A criminal complaint does not…
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Sign Here: How Parental Waivers Exceed the Bounds of Parents’ Fundamental Rights
The purpose of exculpatory contracts has always been to mitigate businesses’ and institutions’ economic risk. The purpose of parental due process rights is to promote child well-being by limiting state intrusion into family life. Since exculpation entered the domain of…
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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,…
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Not an Ocean Away, Only a Moment Away: A Prosecutor’s Primer for Obtaining Remotely Stored Data
Officer Kay Oss of the Midgard State Police received a report from a guidance counselor that a fourteen-year-old girl, Stacy, disclosed she was sexually abused by a forty-three-year-old man named John. Stacy told Officer Oss that John physically harmed her…
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Boarding Mental Health Patients in Minnesota Emergency Departments–The Unintended Consequence of an Inadequate Mental Health System
Mental illness has become increasingly prevalent throughout our society. It is estimated that one in five adults already suffer from a mental health condition each year. The situation has undoubtedly worsened with twice as many adults now reportedly struggling with…
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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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An Unexpected Result of Gender Equality Initiatives in Sports – The Sexualization of Female Athletes
Female athletic uniforms have received notable attention and media coverage in recent years. However, there is a lengthy history underlying women’s involvement in sports and the hypersexualization of female athletes. This Article aims to address the long historical journey of…
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Minnesota Supreme Court Holds Appraisal Process Under Insurance Policy is not an “Agreement to Arbitrate” Under Uniform Arbitration Act
Kurt Mattson* Background The Minnesota Supreme Court recently held the Minnesota Uniform Arbitration Act (“the Act”)1 does not apply to fire insurance appraisal awards under the Minnesota standard fire insurance policy. In Oliver v. State Farm Fire & Casualty Insurance…
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Constitutional Law: Protecting Our Youth: A Necessary Limit on the First Amendment—State v. Muccio
“The capacity for dissociation enables the young child to exercise their innate life-sustaining need for attachment in spite of the fact that principal attachment figures are also principal abusers.” -Warwick Middleton In November 2014, a father discovered sexually explicit messages…
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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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Dobbsmacked by the Dobbs Decision: The Need for More Privacy Protection for Personal Health Information
Lizelle Herrera, at twenty-six years old, was arrested and charged with murder for allegedly performing a “self-induced abortion.” She was thrown into jail near the Texas-Mexico border with a $500,000 bail. After spending two nights in jail, she was released…
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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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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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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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Contracts: MnDot’s Ironically Nonspecific Specifications Should Not Concern Subcontractors—Storms, Inc. v. Mathy Construction Company
In Storms, Inc. v. Mathy Construction Company, the Minnesota Supreme Court held that a general contractor could force a subcontractor to accept a contractor’s reduced change orders on miscalculated estimated quantities—without breaching the subcontract. The Minnesota Supreme Court’s holding also…
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Contracts: An Eight-Factor Test for Quantum Meruit Compensation for a Dismissed Contingency Fee Counsel—Faricy Law Firm, P.A. v. API, Inc. Asbestos Settlement Trust, 912 N.W.2d 652 (Minn. 2018)
How do we value ten hours of legal work performed by a discharged attorney who significantly contributes to a twenty-million-dollar settlement? In Faricy v. API Trust, the Minnesota Supreme Court provided eight factors that district courts should use to determine…
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Correction of Monumental Judicial Malpractice: The Case for Clearing Secessionist and Slaveholding Symbols of “Justice” from the Courthouse
In disconnecting the “political bands” that linked “the thirteen United States of America” to Great Britain, the founders of our nation said that “all men are created equal . . . [and] are endowed . . . with . .…
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The Prince Estate: How Intestacy Works, How It Could Work, and How It Fails as an Estate Plan
Prince Rogers Nelson (the musician known as “Prince”) died on April 21, 2016, in Minnesota. It is estimated that the beloved pop star left an estate worth $100–$300 million. He apparently left no will or trust to direct the disposition…
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Adequate Education: The Disregarded Fundamental Right and the Resurgence of Segregation of Public Schools
One does not need to be a scholar, educator, or parent to understand the importance of an adequate education. Education has long been hailed as the mechanism by which those who are born into underprivileged families can change their economic…
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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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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…
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A Contemporary Model for Using Teaching Assistants in Legal Writing Programs
As law schools downsize their faculty to offset falling student enrollment, faculty members will likely face greater teaching loads and increased pressure to produce graduates who can not only pass the bar, but are “practice ready.” Formative assessment, prompt and…
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The Law Review seeks to publish original legal scholarship of regional, national, and international importance, with a special focus on issues impacting the legal landscape in Minnesota. We accept works not only for their value in ongoing academic debate, but…