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Volume 110 – Issue 3

Reconciling Ideals: Restorative Justice as an Alternative to Sentencing Enhancements for Hate Crimes

By Olivia Levinson. Full Text.  The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009 (“the Act”) was seen as a significant step forward in legal protections for LGBTQ+ people and racial minorities. It expanded the federal definition of hate crimes to include gender, disability, gender identity, and sexual orientation, and made…

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Rethinking Contemporary Counter-Piracy Policy

By Hugh Fleming. Full Text.  Traditional piracy often evokes the image of swashbuckling sailors, independent from the rest of society and roaming the seas to seek their fortune. The image has been heavily romanticized by Hollywood and other sources of popular folklore, much like the cowboys in the western United States. In reality, modern piracy…

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How the COVID-19 Pandemic Has and Should Reshape the American Safety Net

By Andrew Hammond, Ariel Jurow Kleiman, and Gabriel Scheffler. Full Text. The COVID-19 pandemic has delivered an unprecedented shock to the United States and the world. It is unclear precisely how long this crisis, which is both epidemiological and economic, will last, and it is difficult to gauge the extent and direction of the changes…

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Minnesota’s Digital Divide: How Minnesota Can Replicate the Rural Electrification Act to Deliver Rural Broadband

By Abby Oakland. Full Text. For disadvantaged communities, education can be the silver bullet. It can equip and empower students to rise above their economic station. It can level the playing field. It can provide opportunity absent in their current circumstances. It can open doors that would otherwise remain closed. Recognizing this power, Minnesota’s Constitution…

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The Advent of Effortless Expression: An Examination of the Copyrightability of BCI-Encoded Brain Signals

By Jonathan Baker. Full Text. This Note anticipates the development and deployment of brain-computer interfaces (BCIs) and attempts to reconcile this technology’s implications with modern U.S. copyright doctrine. Although researchers and practitioners have primarily used BCIs to restore motor function to and improve the quality of life for people severely disabled by neuromuscular impairments, the…

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Transactional Scripts in Contract Stacks

By Shaanan Cohney and David A. Hoffman. Full Text. In conventional transactions, written contracts usually memorialize the terms of the commercial exchange. For deals in which some of the goods being transferred and the forum for the trade are digitized—as in the case of cryptocurrencies—parties may use computer code rather than a written contract to…

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Core Criminal Procedure

By Steven Arrigg Koh. Full Text. Constitutional criminal procedural rights are familiar to contemporary criminal law scholars and practitioners alike. But today, U.S. criminal justice may diverge substantially from its centuries-old framework when all three branches recognize only a core set of inviolable rights, implicitly or explicitly discarding others. This criminal procedural line drawing takes…

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Parental Autonomy over Prenatal End-of-Life Decisions

By Greer Donley. Full Text. When parents learn that their potential child has a life-limiting, often devastating, prenatal diagnosis, they are faced with the first (and perhaps, only) healthcare decisions they will make for their child. Many choose to terminate the pregnancy because they believe it is in their potential child’s best interest to avoid…

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No Privilege to Pollute: Expanding the Crime-Fraud Exception to the Attorney-Client Privilege

By Tom Lininger. Full Text. This Article argues that a venerable rule of evidence—the attorney-client privilege—is due for reform. In particular, I propose the expansion of the crime-fraud exception to the attorney-client privilege. The exception presently only applies to crimes and civil frauds. I argue that the exception should extend to certain violations of civil…

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