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Volume 108 - Spring Issue

BUT I WANT TO BE FIRST: A COURT’S CURIOUS CHOICE OF REMEDY TO MINNESOTA’S CHALLENGED BALLOT ORDER STATUTE

By: Billy Price, Volume 105 Staffer Before a single general election ballot was cast, commentators were already referring to the 2020 election as “on track to the be the most litigated ever,”[1] thanks in large part to lawsuits concerning the complexities of voting during the COVID-19 pandemic.[2] Largely hidden by the drama of lawsuits concerning…

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AN UNEQUAL RIGHT TO VOTE: WHY COURTS SHOULD HOLD THAT DISPROPORTIONATE ALLOCATIONS OF BALLOT DROP BOXES AND POLLING PLACES VIOLATE THE EQUAL PROTECTION CLAUSE

By: Elliot Ergeson, Volume 105 Staff Member Voter suppression is a prominent issue in American elections.[1] One mechanism by which States engage in voter suppression is by closing or limiting the number of polling places in certain areas.[2] During the COVID-19 pandemic, however, many voters chose to vote by mail rather than in person for…

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IS THE GREEN NEW DEAL DEAD ON ARRIVAL? THE CASE FOR “JUSTICE-PROOFING” PROGRESSIVE CLIMATE LEGISLATION IN THE NEW ACB-ERA

By: Alexandria Dolezal, Volume 105 Staff Member On September 18, 2020, Justice Ruth Bader Ginsburg died at age 87, after a long battle with pancreatic cancer.[1] Days before her death she communicated to her granddaughter that her “most fervent wish [was] that [she] not be replaced until a new president is installed.”[2] That wish did…

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THE LAW DOESN’T CARE ABOUT YOUR FEELINGS: BEN SHAPIRO’S UNSUCCESSFUL FIRST AMENDMENT SUIT AGAINST THE UNIVERSITY OF MINNESOTA AND THE CASE FOR PUBLIC SAFETY-BASED SPEECH RESTRICTIONS

By: Alenah Luthens, Volume 105 Staff Member “Facts don’t care about your feelings” is conservative pundit Ben Shaprio’s trademark phrase.[1] And he’s right. Indeed, the phrase proved particularly true in Young America’s Found. v. Kaler where Shapiro’s free speech lawsuit against the University of Minnesota (University) ultimately fell flat.[2] The case began in 2018 when…

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CONTRACTS AND COVID-19: DEFENDING NONPERFORMANCE WITH FRUSTRATED PURPOSE AS A SHIELD

By: Brice Michka, Volume 105 Staff Member  As the United States trudged through the most grueling months of the COVID-19 pandemic, countless contracts were affected. Many sporting organizations, including the National Basketball Association, Kentucky Derby, NASCAR, Indianapolis 500, Major League Soccer, National Hockey League, and others, changed their seasons drastically through postponement or cancellation.[1] Many…

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NBA PLAYERS PROTEST: WHY THEIR REFUSAL TO PLAY COULD PROVOKE LEGAL RAMIFICATIONS

By: Jason Leadley, Volume 105 Staff Member  On August 23, 2020, police officers shot Jacob Blake, a 29-year-old Black man from Kenosha, Wisconsin, sparking protests.[1] Following the shooting, the Milwaukee Bucks decided not to take the floor in their Game 5 playoff matchup against the Orlando Magic.[2] The NBA players, alongside other professional athletes, sought…

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TAKING CARE: HOW THE LAW CAN INCENTIVIZE PERSONAL RESPONSIBILITY IN AN AGE OF PANDEMICS

By: Nathan Webster, Volume 105 Managing Editor             As the United States confronts the Coronavirus pandemic, experts are devoting considerable thought to discerning the best method for overcoming the crisis. While most overt discussions center on the ways medical science can help treat the disease, policymakers are expending considerable time using their legal authority to…

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PRISONER’S DILEMMA? HOW THE EIGHTH CIRCUIT RESOLVED A JURISDICTIONAL ODDITY ARISING FROM FEDERAL HABEAS MOTIONS

By: Spencer Davis-Vanness, Volume 104 Staff Member In a recent case, Ralph Duke—prosecuted and convicted in Minnesota during the early 1990s as one of the state’s biggest-ever drug dealers­—successfully challenged elements of his conviction under a habeas petition in federal district court in Wisconsin, where he was imprisoned. Shortly thereafter, Duke was returned to Minnesota…

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