Volume 50, Issue 2
May 2024
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Kaplan v. Independent School District of Virginia—The Max Kaplan Story
In 1927, Max Kaplan—a kosher butcher from Virginia, Minnesota, located in the heart of the great Minnesota Iron Range (“Range”)—challenged the practice of Bible verse reading in the city’s public schools. Kaplan v. Independent School District of Virginia is one of many state court cases involving similar issues both before and after the turn of…
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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 the Lino Lakes prison to participate in the Youthful Offender Program (Program). The Program was…
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Justice David Hackett Souter and the Right to Privacy
This Article contains explicit depictions and discussions of abortion and related medical procedures. Such descriptive discussions may be triggering or distressing for some readers. This Article also references passive euthanasia processes. Reader discretion is advised. Additionally, this Article explores historic case law regarding abortion-related issues that consistently uses the term “woman” when referring to all persons impacted…
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Sign Here: How Parental Waivers Exceed the Bounds of Parents’ Fundamental Rights
The purpose of exculpatory contracts has always been to mitigate businesses’ and institutions’ economic risk. The purpose of parental due process rights is to promote child well-being by limiting state intrusion into family life. Since exculpation entered the domain of parental rights in the twentieth century, the result has been a proliferation of waivers by…
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An Exacerbated Power Imbalance: The Danger in Allowing AI to Render Arbitral Awards in Employment Arbitration
Like all types of alternative dispute resolution (ADR), arbitration has continually increased in popularity in recent years. Arbitration is highly favored in the employment law realm, with employers’ use of mandatory arbitration clauses in employee contracts skyrocketing from only 2% in 1992 to more than 55% in 2017. In 2018, the Supreme Court decided Epic…