Volume 48, Issue 1
January 2022
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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, although we did have to struggle with your occasional sarcasm, overly helpful advice, and wry…
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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 t constitutionality of felon disenfranchisement. While much of the litigation to date has centered on…
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How The Americans with Disabilities Act of 1990 Continues to Fail the Deaf and Hard Of Hearing
Over 30 years have gone by since President George H.W. Bush signed the Americans with Disabilities Act (ADA) of 1990. Since its passage, many Americans might find it difficult to imagine a world in which an individual with a disability is still denied equal access to day-to-day activities, opportunities, information, leisure activities, and communication. What…
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Anatomical Diagrams and Dolls: Guidelines for Their Usage in Forensic Interviews and Courts of Law
A guest speaker at school discusses personal safety and the sensitive subject of child maltreatment, informing the group of second-graders that some secrets do not need to be kept. Impacted by the lesson, a student approaches his instructor and asks, “if my friend told me a really bad secret, should I tell?” After a handful…
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Was Justice Ginsburg Roe-Ght?: Reimagining U.S. Abortion Discourse in the Wake of Argentina’s Marea Verde
Although she died a stalwart progressive icon, during her 1993 United States Supreme Court confirmation hearings, many liberals were initially skeptical of Ruth Bader Ginsburg’s commitment to upholding Roe. The cause for concern originated in comments that then-Circuit Judge Ginsburg made on April 6, 1984, during the William T. Joyner Lecture on Constitutional Law at…
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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 to hurl corrosive, malicious, and fraudulent accusations your way. You seemingly become more and more…
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Barring Methadone Behind Bars: How Prisons Err When Denying Methadone Treatment to Inmates with Opioid Use Disorder
As the opioid epidemic continues to ravage the United States for a third decade, communities look for new solutions. For the 200,000 heroin-addicted individuals who pass through correctional facilities each year, prison may be the opportunity for change. Incarceration pauses access to illicit drugs and presents a chance for intervention. For individuals with Opioid Use…
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From Langdell to Lab: The Opportunities and Challenges of Experiential Learning in the First Semester
Time is the friend of learning and the enemy of teaching. Learners learn best when they have ample time to explore, experiment, fail, and reflect. Teaching, at least teaching in a graduate professional program like law school, is time-limited: a class meets for a certain number of hours on certain days of the week for…
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Inefficient Mercy: The Procedural, Constitutional, and Prudential Issues that Plague Minnesota’s Pardoning Process
In this paper, I will discuss the procedural, constitutional, and prudential issues that plague the current pardoning system employed in Minnesota. I ultimately advocate for the reform of this process. I begin by describing the three grants of clemency that are available in Minnesota: pardons, commutations of sentences, and pardons extraordinary. Next, I highlight the…
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The Illusion of the Public Policy Exception: Arbitration, Law Enforcement Discipline, and the Need to Reform Minnesota’s Approach to the Public Policy Exception
In November of 2012, after a car chase, Cleveland police officers fired 137 shots at the suspects’ vehicle. An investigation revealed that thirteen officers fired more than 100 shots in the span of eight seconds. One officer, Michael Brelo, stood on the hood of the suspects’ vehicle and fired at least fifteen shots through the…
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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 and the driver of the other vehicle were pronounced dead at the scene. However, this…