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De Novo Archive

De Novo is the newest addition to the Minnesota Law Review family. The blog serves as a forum through which the staff, editors, and alumni of the Minnesota Law Review can contribute to legal thought and academic debate.

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 in 2022 for edible, low-potency, hemp-derived THC products that unleashed…

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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 went beyond prior U.S. Supreme Court decisions such as Miller…

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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 of gun violence.[1] The state has one of the highest…

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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 to choose to have an abortion,[2] many state constitutions became…

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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 parents in an attempt to assimilate the children into European-American…

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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 again by proposed legislation arising in Florida.[5] In January 2023,…

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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 (“the Clause” or “Article IV”) provides several functions—the Clause prevents…

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