Volume 39, Issue 1
May 2018
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Licensed to Kill? An Analysis of the Standard for Assessing Law Enforcement’s Criminal Liability for Use of Deadlly Force
Criminal charges are rare, almost non-existent, for those who are licensed to kill. Those cases that are charged rarely result in convictions. At common law, police officers were essentially given such a license; they were “allowed the use of whatever force was necessary to effect the arrest of a fleeing felon.” The United States Supreme…
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Duty, Foreseeability, and Montemayor v. Sebright Products, Inc.
In Montemayor v. Sebright Products, Inc., a perfect storm of events led to the plaintiff’s devastating injuries and the lawsuit before the court. The plaintiff, a laborer for VZ Hogs, a family-owned company that raises hogs and produces hog feed, was seriously injured while attempting to manually relieve a jam in an extruder manufactured by…
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The Problems of Expanding Landlord-Tenant Law in Minnesota Through Use of Legal Fiction
“Home is the place where, when you have to go there, they have to take you in.” — Robert Frost, The Death of the Hired Man, 1914 Minnesota statute defines a residential tenant as a person who is occupying a dwelling in a residential building under a written or oral lease or contract requiring the…
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The Process of Peace: Using Community Dispute Resolution to Improve the Relationship Between Police and Community in Minnesota
Since January 2000, there have been one hundred and sixty-two deaths that occurred after a physical confrontation with law enforcement in Minnesota. The most prominent names, Philando Castile, Jamar Clark, and most recently Justine Ruszczyk (Damond) spurred community outrage and nationwide press coverage. The public’s reaction to the result of investigations, the release of livestream…
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When is a Right Not a Right?: Qualified Immunity After Pearson
Qualified immunity, as it was developed in the early 1970s, was designed to prevent police officers from being held civilly liable for constitutional rights violations that were not “clearly established.” The rationale behind this formulation was based in pragmatism as much as justice; an officer should not be held accountable for violating a right that…
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Challenges in Compensating Employees in Cryptocurrencies
Employers have often implemented creative workplace benefits to attract and retain highly sought-after employees. These benefits range from generous profit-matching retirement plans to ping pong tables and unlimited, free popcorn. Although offering an employee a higher wage is the most common way to attract a new employee, stock options, noncash fringe benefits, health and wellness…