Category: Uncategorized
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Treble Hooks and Knock-Off Caviar: How an Ancient Fish Still Appears in American Courtrooms
Tom Burnett* The American paddlefish, also known as a spoonbill, is a biological oddity: a prehistoric, plankton-feeding giant whose lineage dates back to the time of the dinosaurs. For over one-hundred million years, paddlefish have swum the ancient currents destined to become America’s rivers. In recent decades, however, paddlefish have become the subject of a thoroughly modern phenomenon—lawsuits. From federal courtrooms in Mississippi to appellate panels in the Sixth Circuit, paddlefish have become unlikely protagonists in a growing body…
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Clients, Counselors, and Culture
Jasen Kracht* Culture. A word often invoked but not fully understood. A concept rightfully viewed as essential but often clouded with ambiguity. A driving force behind human interaction but one that eludes definition. Culture permeates our surroundings, all while leaving us with a question: What is culture? One definition of culture is that it is…
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The Play Gap: House v. NCAA and Title IX Amnesia
Gabrielle Tremblay* For over fifty years, Title IX required colleges and universities to provide men and women with proportionate athletic benefits. Now, the House v. NCAA settlement requires colleges and universities to pay out over 90 percent of damages for lost athletic benefits to men. This settlement not only forgot Title IX, but also exemplifies how the public’s perception of what is fair for men’s basketball and football overshadows the potential of women’s sports. But in college sports, what’s fair is not equal. The NCAA v. House…
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Montana’s Novel Approach to Undoing Citizens United
Sampson Aslesen* Across the political spectrum, Americans share a common distaste for big money in politics. Roughly 79 percent of Americans agreed that large independent expenditures (the technical name for political ads that are not coordinated with a candidate) give rise to corruption or the appearance of corruption, including 84 percent of Democrats and 74…
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From Ban to Bargain: Resolving TikTok’s National Security Concerns Amid a Tense US-China Relationship
Frankie Weiss* TikTok, one of the world’s most popular social media platforms, earns its name by fixating its users to one short clip after another, turning minutes into hours. The video creation and sharing platform has invaded the daily clock of over 1.5 billion people across the globe. The United States is the top consumer,…
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Understanding Comparative Fault in Minnesota Personal Injury Law
Nick Downes* When someone is injured, it’s possible for more than one person to share some responsibility. Minnesota law recognizes this reality through its comparative fault system, which allows an injured person to recover damages even when they bear part of the blame—depending on the scenario. The doctrine of comparative fault ensures that compensation reflects…
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Man’s Best Property? Redefining “Immediate Family” in DeBlase v. Hill
Hannah Shin* It would be hard to imagine John Wick fighting for emotional damages in a courtroom after losing his dog. Devastated pet owners in the real world, however, have a different weapon of choice: the courthouse. A New York judge’s ruling continues the conversation of whether emotional harm, not just market value, could drive…
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Volunteering as a Form of Experiential Learning: Lessons Beyond the Textbook
Abbigail Sullivan* “Every lawyer has a professional responsibility to provide legal services to those unable to pay.” The rules of professional conduct place pro bono work at the heart of the legal profession. But where do lawyers learn this responsibility? For most, it begins not in the pages of a casebook, but in the lived…
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Grants Pass: The Limitations of the Eighth Amendment and the Future of Homelessness Litigation in America
Grace Hinton* America is facing a homelessness crisis. According to the 2024 Annual Homelessness Assessment Report to Congress, the number of people in the United States experiencing homelessness is at an all-time high, with over 770,000 people lacking permanent housing. The causes of homelessness are complex and include the “worsening national affordable housing crisis, rising…
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Oyster Shells: A Path to Shoreline Restoration
Matthew Siegler* Oyster shell incentives demonstrate that tax policy can support reef restoration, yet most state regimes fall short of coherent or durable design. In Louisiana, efforts ultimately culminating in a tax credit in exchange for oyster shells began in 2014, when the Coalition to Restore Coastal Louisiana (“CRCL”) established the Oyster Shell Recycling Program.…