Mitchell Hamline School of Law
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Levels of Generality & Originalism: Proposing a New Way Forward as Originalism Continues to Expand
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Negotiation Theories Engage Hybrid Warfare
Get PDFThe concept of hybrid warfare has arisen recently to describe the efforts, short of outright war, used by nations to disrupt and destabilize each other. This Article reviews available negotiation theories, concepts and skills to determine whether they can help governmental actors and business organizations targeted by hybrid warfare respond effectively. In other words, can negotiation theories, concepts and skills be used to engage effectively in “hybrid conflict management”? The Article urges that international diplomacy and multiparty negotiation theories and skills, as well as the more recent scholarship that has developed regarding hostage negotiation and “wicked problems,” are likely to be most relevant. The Article concludes with specific recommendations for business targets and governmental actors
Where\u27s the Beef? Meat Shortages, Farmer Needs, and Long-term Recovery Policies in a Pandemic Era
Get PDFCOVID-19 not only affected every hospital bed in the nation--if not the world; it also affected nearly every dinner table in America and beyond. Supply chain disruptions caused by the pandemic highlighted deep-seated problems with how we get our meat, and how difficult we make it for American farmers to sell to the family next door. Within a few months of the first reported case in the US, hundreds of workers from just two meat-processing plants on American shores became infected with COVID-19, and imports from around the world came to a standstill as factories and shipping companies were forced to shut down. Instantaneously, the US supply of meat seemed to contract, flying off supermarket shelves as Americans began to shelter in place. Meanwhile, nationwide closures of restaurants and school cafeterias posed serious problems for farmers who were forced to cull and dispose of their herds, unable to get them processed at commercial butchers that were either closed or backlogged. In a nation that raises more than 94 million heads of cattle alone, we somehow found ourselves in a meat shortage in 2020, with grocery store shelves looking as “patchy and unpredictable as those in the former Soviet bloc”. This article analyzes the state of American agriculture as it pertains to the meat industry, using the beef sector as a case study. This article also proposes potential solutions that should be considered in any stimulus package seeking to create long-term, impactful growth in rural America, where one in five Americans live
Expression of LGBTQ Student Sexual Orientation and Gender Identity in the K-12 Educational System
Get PDFThe Illusion of the Public Policy Exception: Arbitration, Law Enforcement Discipline, and the Need to Reform Minnesota\u27s Approach to the Public Policy Exception
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Story Telling and Truth-Telling: Personal Reflections on the Native American Experience in Law Schools
Get PDFIn January of 2021, the American Association of Law Schools (“AALS”) theme was Freedom, Equality and the Common Good. The Indian Nations and Indigenous Peoples Section of the AALS embraced the theme and announced a call for personal reflections incorporating the experiences of Native Americans in law schools. The theme of striving for academic freedom and equality allows for an in-depth questioning of whether Native Americans have been adequately and appropriately represented in legal curricula in the nation’s approximately two hundred law schools. The aspirational goal of realizing the common good must be inclusive of Native American voices as students, faculty, staff, and graduates and in curricula choices in law schools across the country.
There has been sparse legal scholarship on the experience of Native American applicants, law students, faculty, and staff in law schools. The Indigenous perspective essays in this compilation are an opportunity to hear the voices of Indigenous peoples on their lived experiences in seeking law degrees and careers in law-related fields. Words such as resiliency, endurance, and perseverance often come to mind when Native Americans discuss their personal experiences in the legal academy. The following collection of essays are a contribution to the legal academy in the Indigenous tradition of storytelling shared as firsthand accounts through the seven authors’ perspectives. Within the personal reflections, the tenacity of Native people to succeed and overcome barriers is a common theme. Many of the contributors speak to the value of mentoring or becoming a Native lawyer to serve as a mentor. The compilation provides insight into the experience the authors share of a deep commitment to their Indigenous communities and to trailblazing for the next generation of Native lawyers
