Mitchell Hamline School of Law
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Lessons From a Small and Troubled Country: Bosnia’s Struggling Judiciary Paints an Ominous Picture for the Future of the Rule of Law in the United States
Get PDFPlease, Help Yourself: A Best Practice Model Analysis on the Self-Represented Litigants in America\u27s Legal System
Get PDFMunicipal Abortion Bans: When Local Control Clashes with State Power
Get PDFAnti-abortion activists are using different strategies in different states. Some focus on restricting zoning for abortion clinics. Others address the licensure of abortion providers. Some purport to create a cause of action for private individuals to sue neighbors and others in their municipality who get an abortion. Still, others seek to enforce the federal Comstock Act, alleging that it prohibits the mailing of abortifacients and preempts state abortion law to the contrary.
This Article evaluates the likely success of each of these strategies in two states in which they are currently being tried: Nebraska and New Mexico. Part I will provide an overview of relevant municipal law, emphasizing the power of different kinds of municipalities to regulate issues addressed in the abortion ordinances this article will consider. Part II will examine several different types of ordinances some municipalities have adopted in the wake of the Dobbs decision and their likely legality in the settings in which they were passed. Part III will draw several conclusions about the legal ability of municipalities to adopt ordinances that alter the availability of abortion within their jurisdictions or the prosecution of its provision in comparison with relevant state law
Comparing GDPR Against the United States’ Approach to Data Breach Notification by Examining Texas and California and the Feasibility of a Universal Standard
Get PDFAn Exacerbated Power Imbalance: The Danger in Allowing AI to Render Arbitral Awards in Employment Arbitration
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What Is the Price of Withdrawing from Investor-State Dispute Settlement Provisions in an Era of Climate Conscious Policy? Comparing Latin America\u27s Rejection of Foreign Investor Control to the Fallout from the Energy Charter Treaty
Get PDFThis article examines Investor-State Dispute Settlements criticisms and intended benefits as it comes up in public law issues such as the Energy Charter Treaty. The treaty is the world’s largest multilateral treaty, with about 50 member countries, and the most litigated, with most cases decided by arbitration. There is criticism against an inability to modernize the treaty due to concerns regarding climate change as well as criticism against the investor-state dispute settlement system itself, because of arbitration’s secrecy and lack of public involvement. This article argues that countries should leave unilaterally as they have begun to do, avoiding the regulatory chill that the Treaty encourages, to legislate in the public interest
