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Jurisprudence and Recommendations for Tribal Court Authority Due to Imposition of U.S. Limitations
There are over 570 federally-recognized Tribal Nations in the United States and more than 330 tribal courts serving as the judicial branch of those nations. Yet, there is little mention of the existence of tribal courts in most mainstream civil…
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Minnesota Statutes Section 243.166 Subdivision 1(b) Has Got to Go: Why Requiring Predatory Offender Registration Based on a Charge as Opposed to a Conviction Violates Procedural Due Process
“[T]he right to be heard before being condemned to suffer grievous loss of any kind, even though it may not involve the stigma and hardships of a criminal conviction, is a principle basic to our society.” —Mathews v. Eldridge Minnesota…
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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 Potential to Increase Efficiency in Immigration Courts through Broader Prosecutorial Discretion as Exemplified by the Mayorkas and Doyle Memos
Immigration is an area of law prone to frustrating backlogs in case processing. On April 3, 2022, Immigration and Customs Enforcement (ICE) Principal Legal Advisor Kerry Doyle published a memorandum (Doyle Memo) on prosecutorial priorities and discretion. The Doyle Memo…
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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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Educational Adequacy Challenges: The Impact on Minnesota Charter Schools
Years after the civil rights movement, educational challenges in public schools have continued to plague classrooms and fill courtrooms. During the 1970s, litigation examined the equitability of financing in public education systems. Equity challenges later progressed into challenging academics, resources,…
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2023 Mitchell Hamline Law Review Symposium
The Mitchell Hamline Law Review in coordination with the Center for the Study of Black Life and the Law highlighted and explored Furtive Blackness & The Afterlives of Slavery as part of the spring symposium. Links to the recordings are…
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Legacies of a Pandemic: Remote Attestation and Electronic Wills
With COVID-19 and its variants now a leading cause of death in the United States and around the world, many feel a new urgency to finalize their estate plans. At the same time, health officials, in their effort to curb…
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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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Volume 50 Masthead
Editor-in-Chief Sara Glesne Associate Editor-in-Chief Alison Baker Faul Articles Editors Lesley Bauer Maddie Kehoe Gloria Miller Eva Osthus Morgan Vanden Heuvel Notes & Comments Editors Taylor Blevins Emily Egart Stephen McPaul Morgan Phelps Daina Strub Kabitz Engagement Editors James Arrington…
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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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Raising the Cost of Using Title III Wiretap Evidence
There has been a dramatic increase over the last decade in the number of federal wiretaps authorized under Title III—the federal wiretap statute. This trend is highlighted against a backdrop of increasing unease with covert government surveillance among privacy advocates…