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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.

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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I (DON’T) KNOW IT WHEN I SEE IT: THE DANGERS OF DEEPFAKES

By: Ryken Kreps, Vol. 107 Staff Member[1] Deepfakes are images, videos, or audio clips created by artificial intelligence that show people doing whatever the deepfake creator wants to show them doing with eerie accuracy.[2] Part I of this Post discusses the background of deepfakes and the recent controversy surrounding them. Part II is intended to…

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CLARITY AT A COST: HOW NEW REGULATIONS MAY PUT WELL-INTENTIONED GUN OWNERS AT RISK OF CIVIL AND CRIMINAL CHARGES

By: Nick Grossardt, Volume 107 Staff Member At the end of January 2023, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) promulgated a final rule outlining a series of factoring criteria for regulating firearms with affixed “stabilizing braces.”[1] Various models of these braces had been evaluated by the BATFE’s Firearms and Ammunition Technology Division…

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