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Volume 42 Masthead
Hamline Board of Editors Editor-in ChiefCha Xiong Operations Editor Amanda Mangan Managing EditorsJeffrey D. Albright Tal A. Bakke Sarah E. Holm Articles Editors Paul Buchel Alexandria Mueller Symposium Editor Jessica M. DuBois Production Editor Casey H. Schofield Notes and Comments…
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Affirming a Pragmatic Development of Tribal Jurisprudential Principles
In theory, if not reality, each tribal judiciary attempts to conscientiously serve the community that created it. This simple proposition likely binds jurists from across the globe regardless of race, ethnicity, or nationality. Beyond that similarity, tribal court systems differ…
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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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Blowing Past Minnesota Nice: New Opportunities Arise to Utilize Disparate-Impact Theory and Practice in Twin Cities Low-Income Housing Discrimination Litigation
What’s wrong with the world today?Things just got to get betterSho’ ain’t what the leaders sayMaybe we should write a letter Said dear Mr. Man, we don’t understandWhy poor people keep strugglingBut you don’t lend a helping handMatthew 5:5 say,The…
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On the Rights of Sentient Beings: The Case for Expanding Due Process of Law to Non-Human Animals
“Life is as dear to mute creature as it is to man. Just as one wants happiness and fears pain, just as one wants to live and not die, so do other creatures.” -Dalai Lama Each year, approximately 920,000 dogs…
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Felon Disenfranchisement: What Federal Courts Got Wrong and How State Courts Can Address It
In recent years, the country’s discourse around felon disenfranchisement has gained significant attention. Around the country, courts have addressed this issue in various forms. In nearly every case, felon disenfranchisement laws have been upheld. This Paper joins the discussion regarding…
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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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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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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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Why the Legal Profession is the Nation’s Least Diverse (And How to Fix It)
A Black female attorney recalls being told as an associate that she was being put on a case because they “need a Black face.” A White male partner told a Latina associate, “you might not be the right person to…
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The Seven Principles for Good Practice in [Asynchronous Online] Legal Education
Come mothers and fathersThroughout the landAnd don’t criticizeWhat you can’t understandYour sons and your daughtersAre beyond your commandYour old road is rapidly agin’Please get out of the new one if you can’t lend your handFor the times they are a-changin’…
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Antisemitism, Near, and a Threshold for Ignominy
In recent years, the tension between the values of the First Amendment Free Speech doctrine and the desire to protect minority communities against the destructive effects of hateful speech has been investigated extensively. A recent example is the compelling discussion…
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Criminal Law: The System is Rigged: Criminal Restitution Is Blind to the Victim’s Fault—State v. Riggs
In State v. Riggs, the Minnesota Supreme Court decided whether a trial court may reduce a crime victim’s restitution award when the victim was the initial aggressor. The restitution statute, Minnesota Statutes section 611A.045, provides criteria that trial courts must…
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Saving the Insanity Defense: Insight into Personality Disorders and the Necessary Elements of the Test
In January 2017, Anthony Montwheeler kidnapped his second ex-wife, attacking her with a knife and fleeing with her in his car. The following police chase ended in a high-speed collision with another car, and Montwheeler was finally arrested. His ex-wife…
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Personal Jurisdiction: A “Shoe” in Doctrine?—Bandemer v. Ford Co., 931 N.W.2D 744 (Minn. 2019)
In Bandemer v. Ford Motor Company, the Minnesota Supreme Court recognized specific personal jurisdiction over Ford Motor Company because the “substantial connection between the defendant Ford, the forum Minnesota, and the claims brought . . . suffice[d] to establish specific…
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The Implied Promise of a Guaranteed Education in the United States and How the Failure to Deliver It Equitably Perpetuates Generational Poverty
The United States is known as a country where anything is possible. Immigrants, foreigners, and citizens alike know what it means when someone says, “the American Dream”—that anything is achievable in the United States and that everyone has a chance…
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From Poverty to Personhood: Gideon Unchained
Injustice is born in poverty and lives in prison. Every day, the U.S. prison system sacrifices millions of futures, allowing inmates to be lost in the machinery of a system that excludes lawyers from the last line of defense. Neither…
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Reassessing the Judicial Empathy Debate: How Empathy Can Distort and Improve Criminal Sentencing
The things that make a good Judge, or good Interpreter of the Laws, are, first, A right understanding of that principal Law of Nature called Equity; which depending not on the reading of other mens Writings, but on the goodness…
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State Courts and Democratic Theory: Toward A Theory of State Constitutional Judicial Review
Under what conditions, if any, are state courts justified in making policy decisions that affect the political process? We live in increasingly politically polarized times. Congress and the President are unable work together. We now see a similar pattern at…
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Property Law: The Crossroads of Capacity and Livability: A Green Light to Neighborhood Opposition as a Factual Basis for Denying Conditional Use Permits—RDNT, LLC v. City of Bloomington
Throughout the history of zoning in America, laws have operated to balance the interests of government, developers, and homeowners to develop optimal living environments and maintain property values through a fair process. Zoning laws reflect the socially and culturally constructed…
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The Reasonable Limits of Narrowing Construction—State v. Hensel, 901 N.W.2D 166 (Minn. 2017)
In State v. Hensel, the Minnesota Supreme Court held that a disorderly conduct statute was unconstitutionally overbroad because it reached conduct protected by the First Amendment to the United States Constitution. The Hensel dissent agreed that the statute was overbroad,…
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Major Questions Impede Major Progress–Rebuking the Major Questions Doctrine & West Virginia v. EPA in Minnesota
This Note addresses the June 2022 decision of the United States Supreme Court in West Virginia v. EPA, its official invocation of the “major questions” doctrine, and ultimately argues against its adoption within the state of Minnesota. In West Virginia,…
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Copyright and Human Rights in the Ballroom: A Minuet between the United States and the EU
With roots in France, the minuet dance dominated the ballrooms of Louis XIV and spread throughout Europe and beyond. A social baroque dance, the minuet sees the two partners dancing separately in plain steps forward, backward, and sideways, while gradually…
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Hyperpartisanship, Impeachment, and the Unchecked Executive Branch
On January 6, 2021, Congress assembled to perform “one of its most solemn constitutional responsibilities”: the electoral count. As the House and the Senate convened in their respective rooms, and with Vice President Mike Pence presiding, President Donald Trump held…
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Why Are the Twin Cities So Segregated?
Why are the Twin Cities so segregated? The Minneapolis-Saint Paul metropolitan area is known for its progressive politics and forward-thinking approach to regional planning, but these features have not prevented the formation of some of the nation’s widest racial disparities…