Mitchell Hamline School of Law
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The Causal Effect: Implications of Chronic Underfunding in School Systems on the Navajo Reservation
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Digital Accessibility and Disability Accommodations in Online Dispute Resolution: ODR for Everyone
Get PDFCourt systems are exploring and beginning to adopt online dispute resolution (ODR) systems, and it is critical that they make digital accessibility a priority. Even though we need to pay close attention to ODR developments in court systems, we cannot overlook the fact that there are ODR providers in the private sector whose systems also must be accessible for persons with disabilities. Plaintiffs filed more ADA Title III website accessibility lawsuits in federal court for the first six months of 2018 than in all of 2017. There were at least 1053 such lawsuits in the first six months of 2018, compared to 814 in all of 2017. As websites have become more sophisticated, access to them has worsened. This article will revisit the question of what digital accessibility standards are legally required. Although the threat of legal liability for failing to satisfy well-respected privately promulgated standards is still real, making a website digitally accessible will make it easier for everyone to use and may attract new users. Websites, mobile applications, software platforms, and other technologies will be accessible when developed and designed to internationally recognized accessibility standards. A host of best practices related to business processes and training are available to ensure accessibility for ODR systems. This Article offers ODR system designers, practicing neutrals such as mediators and arbitrators, information technology professionals, private and public decisionmakers, and policymakers essential information and tools to build and maintain systems that work for everyone. It is extremely important that the ODR community focus on digital accessibility at this moment, because ODR systems are not only being implemented in the United States; they are being adopted around the world
Envisioning Indigenous Community Courts to Realize Justice in Canada for First Nations
Get PDFThrough European colonization in North America, the time-honored rule of law, or good way of life, in Indigenous communities was displaced with external forums and processes, primarily from the British juridical traditions. In contemporary Canada, the use of external laws as a tool of colonization and the injustice experienced by Aboriginal peoples in Canadian courts has been the focus of media attention, policy papers, and legal reports for decades. The Canadian justice system is viewed by many as external and a means of subjugation for First Nation, Métis and Inuit peoples. As the Canadian government has attempted to come to terms with the long shadow cast by colonization, Indigenous peoples are consistently and increasingly calling for the ability to fully self-govern and reinstate Indigenous law and legal principles.
This article will first discuss the current issues in the Canadian judiciary for Aboriginal peoples with a focus on criminal law and child welfare practices. Tracing the response to the crisis of overincarceration of Aboriginal peoples, the Supreme Court of Canada has laid out principles on appropriate sentencing of Aboriginal offenders. Another response has been to develop specialized provincial courts for proper sentencing of Aboriginal peoples. Despite these efforts, overincarceration continues to increase. Next, the statistics on the over-removal of Aboriginal children from their homes will be discussed and the role of the Canadian judiciary.
To provide an example from the United States, Tribal Courts have been instrumental in providing culturally appropriate dispute resolution forums in Indigenous communities, particularly for domestic issues such as child welfare and for criminal conduct occurring on reservations. By comparing the growth of U.S. Tribal Courts and the beginnings of justice systems that are formally recognized for Aboriginal peoples in Canada, the article will provide insight and recommendations to address the need for Aboriginal peoples to implement their own judicial forums. Next, the efforts of First Nations through Section 107 of the Indian Act Native Justices of the Peace program will be discussed. A review of the Court of Kahan:wake and the Akwesasne Court as trailblazers for more Indigenous courts in Canada follows. The article will conclude with a recommendation for the creation of a system of Indigenous Community Courts and the necessary steps to realize Indigenous-led justice initiatives including appropriate recognition of jurisdiction and proper funding
A More Secure Choice: Minnesota’s Two-Pronged Approach to State Level Retirement Savings Programs
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