Articles, Essays, & Tributes -- Coming Soon
Notes -- Coming Soon
Headnotes
Property as a Legitimating Right
By Duncan Hosie. Full Text. Recent decisions from the Roberts Court have strengthened property rights, and progressive commentators and jurists have reacted with alarm. In light of these constitutional developments, this Essay revisits the landmark 2003 case of Goodridge v. Department of Public Health, which…
AI Tools for Lawyers: A Practical Guide
By Daniel Schwarcz & Jonathan H. Choi. Full Text. This Article provides practical and specific guidance on how to effectively use AI large language models (LLMs), like GPT-4, Bing Chat, and Bard, in legal research and writing. Focusing on GPT-4—the most advanced LLM that is…
De Novo Blog
A HAZY FIVE HOURS: MINNESOTA SHOULD NOT REINVENT THE WHEEL IN ADDRESSING THC BEVERAGES IN RESTAURANTS
By Shannon Schooley, Volume 108 Staff Member In 2023, Minnesota legalized recreational cannabis.[1] Although Minnesota followed twenty-two states and the District of Columbia in doing so,[2] its legal landscape presents unique regulatory challenges.[3] Minnesota’s full-scale recreational legalization comes on the heels of a partial legalization…
NO PLACE LIKE HOME . . . UNLESS YOU CAN’T GET IN: THE LACK OF NON-DELIVERY PROTECTIONS FOR MINNESOTA TENANTS
By Cheyenna González Pilsner, Volume 108 Staff Member On August 2, 2023, Identity, a new housing complex near the University of Minnesota, notified its tenants they would be unable to move in on the lease-given day of August 27, 2023, citing construction delays.[1] This notice…
MICHIGAN’S NEW POINT OF NO RETURN: EVOLVING AGE RESTRICTIONS ON MANDATORY LIFE WITHOUT PAROLE
By Chad Berryman, Volume 108 Staff Member In July 2022, the Michigan Supreme Court decided People v. Parks, in which it held that mandatory life without parole sentences for eighteen-year-olds convicted of first-degree murder violate the Michigan Constitution’s prohibition of cruel or unusual punishment.[1] This ruling…
GRISHAM FLEXES HER GUNS: HOW TO FIRE BACK AT STATE EXECUTIVE ACTION
By: Sam Black, Volume 108 Staff Member On Friday, September 8th, New Mexico Governor Michelle Lujan Grisham issued an emergency order suspending the right to carry firearms in public across Albuquerque and the surrounding county for at least thirty days in response to a spate…
WHEN TOTAL DOESN’T MEAN COMPLETE: WHY COURTS SHOULD ADOPT THE STATE CREATED NEED THEORY
By: Dylan Schepers, Volume 107 Staff Member Introduction It was the black of midnight in mid-March 2020. Four police officers approached the front door of an apartment in Louisville Kentucky prepared to execute a drug-related search warrant.[1] Breonna Taylor and her boyfriend Kenneth Walker were…
STATE CONSTITUTIONAL A(MN)DMENTS: NOW IS THE TIME FOR THE MINNESOTA LEGISLATURE TO AMEND THE MINNESOTA CONSTITUTION WITH THE EQUAL RIGHTS AMENDMENT
By: Evan Dale, Volume 107 Staff Member As the U.S. Supreme Court has retreated on its protection of individual rights,[1] state constitutions have taken on a renewed interest. This became as evident as ever in 2022. With the Supreme Court stripping the rights of women…
MIFPA WITHOUT ICWA: ASSESSING THE FATE OF THE MINNESOTA INDIAN FAMILY PRESERVATION ACT IF THE INDIAN CHILD WELFARE ACT IS OVERTURNED IN BRACKEEN v. HAALAND
By: Ryan Liston, Volume 107 Staff Member The United States and the colonies that predated it have a sordid past when it comes to the treatment of Indigenous people.[1] Among the countless examples of mistreatment, one particularly shameful practice was separating Indigenous children from their…
A TEST OF PRECEDENT, POLICY & HUMANITY: AN ANALYSIS OF FLORIDA’S PROPOSED EXPANSIONS TO STATE CAPITAL PUNISHMENT LAW
By: Adam Kolb, Volume 107 Staff Member The death penalty is primitive.[1] The death penalty is ineffective and garners increasing disapproval.[2] The death penalty—though constitutionally challenged and curtailed[3]—is legal in the United States.[4] Now, the extent of its legality is set to be tested yet…
THE CONFEDERATE STAKES OF AMERICAN LAW: THE PARTISAN RISK TO THE FULL FAITH AND CREDIT CLAUSE AND A CONSTITUTIONAL CRISIS IN THE MAKING
By: Jordan Boudreaux, Volume 107 Staff Member Article IV, Section 1 of the Constitution requires that “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other state.”[1] Conceptually, the Full Faith and Credit Clause…
FREE SPEECH ON CAMPUS SIDEWALKS: SUPREME COURT MAY TAKE AIM AT FIRST AMENDMENT FORUM BALANCING TEST IN KEISTER
By: John M. Stack, Volume 107 Staff Member Keister v. Bell is the latest major case petitioned to the Supreme Court to confront classifying the status of a public forum for First Amendment purposes.[1] While the Court is unlikely to grant certiorari, if they do…
