Volume 47, Issue 3
June 2021
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The Forensic Interviewer at Trial: Guidelines for the Admission and Scope of Expert Testimony Concerning a Forensic Interview in a Case of Child Abuse (Revised and Expanded)
“If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it.” –Abraham Lincoln The field of forensic interviewing is approaching five decades and is an integral part of a multidisciplinary response to a report of child maltreatment. The concept of…
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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 provided by Professor Nadine Strossen in her 2018 book, Hate Speech: Why We Should Resist…
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The Lynching of George Floyd: Black Theology, Protest, and Racial Justice
[Lynching] is not the creature of an hour, the sudden outburst of uncontrolled fury, or the unspeakable brutality of an insane mob. It represents the cool, calculating deliberation of intelligent people who openly avow that there is an “unwritten law” that justifies them in putting human beings to death without complaint under oath, without trial…
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Copyright Law Cannot Copyright Law—Georgia v. Public.Resource.Org Inc., 140 S.CT. 1498 (2020)
Almost exactly two hundred and thirty years after the enactment of the Copyright Act of 1790, the U.S. Supreme Court ruled that copyright protections do not apply to Georgia’s official annotated code. In so doing, the Court expanded the rule it adopted in its first copyright case, Wheaton v. Peters, which prevents judges from copyrighting…
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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 ever-evolving executive orders, new legislation and regulations, COVID-19 guidelines from federal and state public health…
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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 and took sexually explicit photos of her with his cell phone. Officer Oss is investigating…
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Torts: Sacrificing Individual Recovery for Media Protection—Larson v. Gannett Co., 940 N.W.2d 120 (Minn. 2020)
Imagine a scenario in which a city is in unrest; a man has been killed at the hands of police officers, so protestors have been filling the streets for days, demanding change. In the midst of a protest, a semi-truck enters a closed road and barrels through thousands of protestors. The driver is taken into…
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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 personal jurisdiction over the company.” The court held that a Minnesota court had specific personal…
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Minnesota Revenge Porn Law: A Look at the State v. Casillas Decisions
“Revenge porn,” otherwise known as the dissemination of nonconsensual pornography, is the sharing of images or videos that portray a person engaged in an intimate or sexually explicit act without that person’s consent. Although the term “revenge porn” would seem to only entail sexually explicit content distributed with reprisal, its scope encompasses a variety of…
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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 new technologies despite the Federal Rules of Civil Procedure and the American Bar Association Model…