SECOND CHANCES: MINNESOTA SHOULD BAN DE FACTO LIFE SENTENCES FOR JUVENILE OFFENDERS
By: Alina Yasis, Volume 104 Staff Member In the past few decades, advances in psychology and neuroscience have provided us with empirical data supporting the commonsense notion that the brain of a child or adolescent differs significantly from an adult brain.[1] Since the landmark decisions of Miller v. Alabama and Montgomery v. Louisiana, our legal…
Continue ReadingFACEBOOK AND THE FRAGMENTED FREE MARKETPLACE OF IDEAS
By: Jonathan Baker, Volume 104 Staff Member When the Framers adopted formal protections to free speech with the ratification of the Bill of Rights in 1791, information exchange and dissemination primarily occurred through “individuals talking one to another, . . . addressing town meetings[,]” or the publication of “handbills, newspapers and periodicals of a few pages, printed…
Continue ReadingNO MORE POLITICAL ADS! WHY TWITTER’S DECISION TO BAN ALL POLITICAL AND CAUSE-BASED ADS IS REALLY OKAY
By: Jenna Hensel, Volume 104 Staff Member “Confirm Judge Brett Kavanaugh!” said President Donald Trump in a political ad posted to Facebook.[1] This is one of many political ads posted on social media by politicians. Social media companies such as Twitter are not regulated by the government.[2] This means that unlike government entities, social media…
Continue ReadingPICKING UP THE FLAG ON ILLEGAL PROCEDURE: WHY RULE 41 OF THE FEDERAL RULES OF CRIMINAL PROCEDURE NEEDS TO BE UPDATED WITH THE TIMES
By: Geoff Koslig, Volume 104 Staff Member The Fourth Amendment’s drafters could have scarcely imagined social media and the internet.[1] For decades, courts have struggled to apply the Amendment to searches of or utilizing new technologies.[2] Recently, courts have struggled with how the Fourth Amendment affects searches of the vast amount of data generated by…
Continue ReadingTHE BUILDING BLOCKS OF LIFE: CYBER-TRESPASS, THE FOURTH AMENDMENT, AND PUBLIC ANCESTRY DATABASES
By: William C. G. Wright, Volume 104 Staff Member With the advent of affordable commercial DNA testing services such as 23andMe, Ancestry, and MyHeritage, people are flocking to discover the secrets of their genetic code in unprecedented numbers.[1] Researchers expect more than 74 million people will add their DNA to commercial databases between 2019 and…
Continue ReadingTITS UP: WHY IT’S TIME FOR THE SUPREME COURT TO RULE ON TOPLESS ORDINANCES
By: Kathryn Campbell, Volume 104 Staff Member The United States loves to exercise control over cis-women’s bodies.[1] Notably, both federal and state governments seemingly fear the exposure of a cis-woman’s exposed “erogenous” areola—although men have them as well.[2] Perhaps the most archaic way in which governments within the United States attempt to regulate women’s bodies…
Continue ReadingCAKING ON THE MAKEUP: INCREASED REGULATIONS OF SPECIAL EVENTS HAIR AND MAKEUP ARTISTS IN MINNESOTA
By Michaela Liesenberg, Volume 104 Staff Member Nationwide, the wedding industry generates annual revenue of over $78 billion.[1] As weddings are highly photographed events, spouses-to-be spend an average of $225 on hair and makeup services for their special day.[2] In 2019, Minnesota hosted 31,712 weddings and, if every couple who wed utilized hair and makeup…
Continue ReadingLET THEM MAKE WINE: DOES THE MINNESOTA FARM WINERY ACT VIOLATE THE DORMANT COMMERCE CLAUSE?
By: Jenni Oprosko, Volume 104 Staff Member Minnesota has a long and complex history with liquor laws. In the 1800’s, Minneapolis created a quasi-zoning scheme to create areas where existing anti-salon laws would not apply.[1] In 1919 a Minnesotan, Andrew Volstead, introduced the act in the House of Representatives that eventually became the prohibition amendment.[2]…
Continue ReadingWHOSE VOTE MATTERS? WHY PRESIDENTIAL CAMPAIGNS SHOULD BE PUBLICLY FUNDED IN ORDER TO BALANCE THE VALUE OF VOTER SPEECH WITH CANDIDATE SPEECH
By Joshua Cottle, Volume 104 Staff Member Over 1.3 billion dollars were spent by candidates in each of the last three presidential campaigns, while political action committees spent more than 4 billion dollars on political advertising.[1] Yet, only twelve percent of the population donated to political campaigns in the 2016 election.[2] As these donations quickly…
Continue ReadingCHAMBER OF COMMERCE FOR GREATER PHILADELPHIA v. CITY OF PHILADELPHIA: UNSUPPORTED AS A MATTER OF FACT, UNJUSTIFIED AS A MATTER OF LAW
By: Nathan Webster, Volume 104 Staff Member The pay-gap between men and women in the United States is well-established. Hispanic women make 58 cents for every dollar a white man makes.[1] Black women make 67 cents for every dollar earned by a white man.[2] White women make 79 cents.[3] Such disparities also cut across genders,…
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