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The Execution of an Arbitration Provision as a Condition Precedent to Medical Treatment: Legally Enforceable? Medically Ethical?
“[T]he practice of medicine is not a business and can never be one . . . . Our fellow creatures cannot be dealt with as a man deals in corn and coal” “The virtue-based physician could never see his patient…
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Volume 48 Masthead
Editor-in-Chief Katherine Raths Associate Editor-in-Chief Andy Taylor Articles Editors Madalyn Elmquist Robert Kringler Kiralyn Locke Alicia Neumann Symposium Editor Maggie Green Notes & Comments Editors Sheena Denny Allison Dohnalek Rachel Lantz Sara Westerberg Online Editors Deborah Alexander Amy Anderson Managing…
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Navigating the Legal Challenges of COVID-19 Vaccine Policies in Private Employment: School Vaccination Laws Provide a Roadmap
COVID-19 created unprecedented challenges for private employers in the United States. Employers—many of whom were technologically unprepared—were forced to rapidly adapt from their on-site operations to a virtual environment supported by fully-remote employees. That, in addition to staying abreast of…
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Facilitating Race-Conscious Targeted Purchasing Programs in the Shadow of the Trump Judiciary
I live next to an economic thoroughfare that stretches between the State Capitol Building and the University of Minnesota. University Avenue’s steady march of pavement keeps time with melodramatic long shadows beneath the arc of the sun like it is…
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Preempting State Prevention: How FDA Regulation Ensures Access to Abortion Medication
Abortion access is, once again, at the center of national debate after the recent Supreme Court decision in Dobbs v. Jackson Women’s Health. The Court’s decision in Dobbs overturned constitutional abortion protections that were defined by Roe v. Wade and…
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Fenrich v. The Blake School and Minnesota Tort Law: A Road Map Through Special Relationships, Misfeasance/Nonfeasance, and Duty
The Minnesota Supreme Court’s recent decision in Fenrich v. The Blake School is a short course on Minnesota tort law. Arising out of an accident involving a student-driven car on the way to a post-season athletic event, the case required…
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Shaping Intellectual Property Rights Through Human Rights Adjudication: The Example of the European Court of Human Rights
In Europe, important developments such as the entering into force of the Treaty of Lisbon—which placed the Charter of Fundamental Rights of the European Union at the very top of the hierarchy of norms—and the direct applicability by national courts…
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Reprieves Return: Minnesota’s Decision to Awaken the Reprieve
In 2022, a sixteen-year-old boy found himself in his second year of what Paul Schnell, Commissioner of Corrections, called “purgatory.” Convicted of second-degree unintentional murder when he was fourteen, Carlos Dickerson Jr. was prosecuted as an adult and sent to…
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Minnesota’s Rape Shield Law: A Sword for Prosecutors; A Blow to Defendants’ Constitutional Rights
In the United States, so-called “rape shield” laws date back to the 1970s. These laws limit the type of evidence a criminal defendant may introduce with respect to an alleged victim in criminal sexual conduct cases. The purpose of such…
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Virtual Hearings and Blockchain Technology Solutions in Criminal Law
Technology has evolved and raided our personal and professional lives. Although the courts are not immune to the advancement and integration of technology, the courts are not keeping up with relevant technological advancements. Historically, courts have been hesitant to embrace…
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Civil Disobedience: A Constitutional Alternative to Injustice
On October 11, 2016, four individuals shut down the Enbridge oil pipelines running through Clearwater County. These four individuals traveled to the small town of Leonard, Minnesota, and cut their way into the valve station. Two of them accessed the…
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Torts: No Statutory Interpretation Required—Guzick v. Kimball
Plaintiffs alleging legal malpractice in some states must file expert affidavits supporting their claims before trial. Requirements for these affidavits vary by state; in Minnesota, for example, they must contain specific details linking the defendant’s negligent conduct to the plaintiff’s…
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Identities in Critical Condition: The Urgent Need to Reevaluate the Investigation and Resolution of Claims of Medical Identity Theft
Imagine that you are planning the purchase of your first home. Like many first-time home owners, you apply for a loan from the bank. Your excitement flourishes when the bank calls you because you believe that the bank has approved…
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The “Law of Ramsey County”– Reflections of a Trial Judge on State Government Gridlock
“A statesman gains little by the arbitrary exercise of ironclad authority upon all occasions that offer[.] A little concession, now and then, where it can do no harm is the wiser policy.” Partisan gridlock at the Minnesota State Capitol inevitably…
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Gaping Gaps in the History of the Independent State Legislature Doctrine: McPherson v. Blacker, Usurpation, and the Right of the People to Choose Their President
In December 2020, the State of Texas, supported by seventeen other states, asked the U.S. Supreme Court to intervene in the presidential election and direct the question of whose electors should be appointed to state legislatures. Their claim was grounded…
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Legal Representation for Abused and Neglected Youth
The significance of being provided legal representation is well understood in the child welfare system. Unfortunately, a youth’s involvement in his or her legal representation varies greatly depending on the jurisdiction and case. In addition, the exact scope of an…
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WOTUS: The Water Definition Battle that Defines the Nation
Water flows in an intricate system—a system that distributes water from high elevation landscapes, through watersheds, where it interacts with vegetation or is absorbed through soil, percolating down to groundwater aqueducts, then continues its path to the ocean where it…
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Teaching the Art of Effective Advocacy in the 21st Century: A Paradigm Shift
When discussing Effective Advocate Training, this Article is talking about one particular kind of advocacy: oral advocacy. It is the advocate who “assists, defends, pleads, or prosecutes for another.” The Article addresses one who understands rhetoric, “the art of speaking…
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More Like Blood: State v. Thompson
Impaired driving accidents are responsible for thousands of deaths each year—on average one every fifty-three minutes. In addition to the toll on human life, impaired driving arrests place an enormous burden on our criminal justice system: law enforcement carried out…
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The Lawyer’s Role in Improving “Humane” Meat Labeling
American consumers are becoming increasingly aware farmed animals suffer greatly during farming processes that aim to provide meat at the lowest possible price. It has become standard practice on industrial farms for animals to be crowded into spaces so small…
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Property: Right Outcome, Wrong Reason—Gill v. Gill, 919 N.W.2d 297 (Minn. 2018)
Gill v. Gill should have been a standard case about classifying, valuing, and distributing marital property during a marriage dissolution. Instead, Gill developed into an authoritative case that usurped legislative authority and created new precedent. Creating new precedent was unnecessary…
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The Craft Brewing Boom and Minnesota’s Three-Tier System: The Case for Change
Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed. Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating…
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A New Reality: Deepfake Technology and the World Around Us
“[W]ithout corroboration, there is absolutely no way to know whether somebody’s memory is a real memory or a product of suggestion.” -Elizabeth Loftus You are bickering with your significant other during the height of an argument as your partner begins…
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Semantics and Sin Tax: Maintaining Autonomy in the Age of Hyper-Personalization
Do we control technology, or does technology control us? Consider a scenario where you are driving home from work, and Google Maps diverts you from your regular course to a circuitous journey that is apparently faster. The accuracy of Google…
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Prologue
After the murder of George Floyd by former Minneapolis Police Department (MPD) Officer Derek Chauvin and three other MPD officers, the student-run legal academic journals at Minnesota’s three law schools, like various institutions across this nation, were forced to reckon…