Voigt Deference: Deferring to a State Agency’s Interpretation of a Federal Regulation
By Justin W. Aimonetti. Full Text. A federal court will sometimes defer to a federal agency’s interpretation of a federal regulation. But conventional wisdom suggests that federal courts review with fresh eyes state agencies’ interpretations of the same. This Essay suggests a different approach—one called Voigt deference named after a recent Eighth Circuit decision—and one…
Continue ReadingEverything’s at Stake: Preserving Authority to Prevent Gun Violence in the Second Amendment’s Third Chapter
By Jonathan E. Lowy, Christa Nicols, & Kelly Sampson. Full Text. In New York State Rifle and Pistol Association (“NYSRPA”) v. Bruen, the U.S. Supreme Court will decide to what extent New York (or any state) can restrict carrying concealed handguns in public. “Gun rights” advocates seek to establish a sweeping interpretation of the Second Amendment,…
Continue ReadingExtending Pandemic Flexibilities for Opioid Use Disorder Treatment: Authorities and Methods
By Bridget C.E. Dooling & Laura Stanley. Full Text. This Essay evaluates two specific flexibilities granted during the COVID-19 pandemic that made it easier for patients to access buprenorphine and methadone. First, the Drug Enforcement Administration (DEA) allowed practitioners to prescribe buprenorphine using telemedicine without first conducting an in-person medical exam. Second, the Substance Abuse…
Continue ReadingSearching for Law in All the Wrong Places
By Evan C. Zoldan. Full Text. In The Corpus and the Critics, Lee & Mouritsen reaffirm their commitment to interpreting legal language using corpus linguistics techniques. Importantly, they also acknowledge that it is not always appropriate to search for the meaning of statutory language in a general corpus—that is, a corpus that includes a variety…
Continue ReadingAdvancing Student Achievement Through Elementary and Secondary Education Act Waivers
By Justin Lam. Full Text. The Elementary and Secondary Education Act of 1965 allows the Secretary of Education to waive most of its statutory or regulatory requirements. For the Secretary to do so, a state educational agency, local educational agency, or a tribe must request a waiver and show how a requested waiver would “advance…
Continue ReadingAdvancing Student Achievement Through Elementary and Secondary Education Act Waivers
By Justin Lam. Full Text. The Elementary and Secondary Education Act of 1965 allows the Secretary of Education to waive most of its statutory or regulatory requirements. For the Secretary to do so, a state educational agency, local educational agency, or a tribe must request a waiver and show how a requested waiver would “advance…
Continue ReadingThe Banality of Law Journal Rejections
By Noah C. Chauvin. Full Text. In the spring of 2021, I received two rejection messages from journals I had submitted an article to; the messages came seven minutes apart. Nothing about that experience was remarkable, except that the two messages (with the exception of the names of the journals) were identical. That prompted this…
Continue ReadingThe Seven (at least) Lessons of the Myon Burrell Case
By Leslie E. Redmond & Mark Osler. Full Text. This Article closely examines the Myon Burrell case and how it features many of the most pressing issues in criminal justice.
Continue ReadingThe Human Journey Toward Justice: Reflections in the Wake of the Murder of George Floyd from a Community of Practitioners
By Dr. Raj Sethuraju et al. Full Text. Dr. Raj Sethuraju, Brent Lehman, Natasha Lapcinski, Taylor Saver, Kara Beckman, and Dr. Tamara Mattison are all restorative justice practitioners in the Twin Cities metro area. This Article examines the community impact following the killing of George Floyd.
Continue ReadingEducational Adequacy Challenges: The Impact on Minnesota Charter Schools
By Wendy Baudoin. Full Text. This Article explores the challenges to the educational systems in Minnesota, analyzing the history of public education and segregation within the Midwest.
Continue Reading