Volume 38, Issue 1
May 2017
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#ProtestersRightsMatter: The Case Against Increased Criminal Penalties for Protesters Blocking Roadways
With the increased prevalence of protests involving roadway blocks, some have called for stronger penalties for protesters who engage in this disruption. Director of the Rudin Center for Transportation at New York University, Mitchell Moss, opined that, “political protest today is now almost totally focused on transportation systems, whether it’s a road, a bridge, in…
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Where Sex Offender Registration Laws Miss the Point: Why a Return to an Individualized Approach and a Restoration of Judicial Discretion in Sentencing Will Better Serve the Governmental Goals of Registration and Protect Individual Liberties from Unnecessary Encroachments
“Major Strasser has been shot. Round up the usual suspects.” -Captain Renault, Casablanca, 1942 In September 2016, Danny Heinrich confessed to abducting and murdering Jacob Wetterling. This brought, if nothing else, closure for Jacob’s family, and indeed for Minnesotans and Americans more broadly. Heinrich’s arrest and confession gives a real and terrifying face to one…
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Juvenile or Adult? Lost in Interpretation: The Split on Interpreting a “Prior Record” Under the Federal Juvenile Delinquency Act
Few things are more damning to a child than making the decision to transfer them from a juvenile court to an adult court. Sentencing as an adult can result in longer prison sentences, harsher conditions, and incarceration with adult criminals who exploit them. Our system’s adult institutions do little to rehabilitate juvenile offenders and often…
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How Minnesota’s Reliance on Private Group Homes Impacts the Rights of Indviduals with Disabilities
The State of Minnesota has become well known for its reliance on group homes, and lack of progression when it comes to the rights of individuals with disabilities. Due to a large number of individuals living in group homes, Minnesota has also become known for segregating individuals into group homes. At first glance, this might…
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The Law of Rules
“Administrative Law is not for sissies—so you should lean back, clutch the sides of your chairs, and steel yourselves for a pretty dull lecture.” The essence of this Note is that courts should treat agency rules that have “the force and effect of law” the same as statutes when courts determine at what point in…