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of people of color.
WHAT’S SO DEPRAVED? ANALYZING THIRD-DEGREE DEPRAVED …AUTHOR:LAWREVIEW
By: Keenan Roarty, Volume 105 Staff Member Third-degree depraved-mind murder has never had so much attention in Minnesota as it does now. In two recent, high-profile police brutality cases, Derek Chauvin and Mohamed Noor were both convicted of third-degree depraved-mind murder. But under the unique quirks of Minnesota precedent, there is a meaningful chance POLICE ACCOUNTABILITY: IS REPEALING QUALIFIED IMMUNITY … By: Mary Haasl, Volume 105 Staff Member. As the trial of Derek Chauvin comes to an end, Minneapolis and the nation brace for what is to come. A viral recording of Chauvin’s actions this past summer, which led to the horrific death of George Floyd, triggered a nationwide outcry against racial injustice and police brutality and calls for Chauvin’s removal and arrest. VOLUME 105 HEADNOTES: SPRING ISSUE Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu WHAT’S THE BEEF? CONTROVERSY SURROUNDING THE … By Lexi Pitz, Volume 104 Staff Member Meat consumption is a long-engrained tradition in the American diet. Recently, many American meat consumers are motivated to consume plant-based meat for reasons such as health, animal welfare, and environmental impact. The booming meat alternative industry lacks federal regulation or guidance on how to label meat alternatives. DEALING WITH MASS INCARCERATION Dealing with Mass Incarceration. June 14, 2020. By Alfred Blumstein. Full Text. In today’s highly polarized political environment, one of the few issues which garners widespread agreement is the desire to reduce prison populations. Thus, it is rather disconcerting to see the recent stability of the incarceration rate since 2000. RITTMANN V. AMAZON.COM: A WRONG TURN FOR GIG … By Zach Krenz, Volume 105 Staffer The Federal Arbitration Act (FAA) makes arbitration clauses enforceable. Section 2, which outlines the breadth of the Act, states that arbitration provisions in contracts “involving commerce . . . shall be valid, irrevocable, and enforceable. . . .” Section 1 of the Federal Arbitration Act exempts certain categories of SMALL DEBTS, BIG BURDENS By Chrystin Ondersma. Full text here. For individuals struggling to make ends meet, an emergency expense or sudden drop in income can be catastrophic. Often credit is the only option available in such emergencies, but taking out credit can worsen an already precarious financial situation—individuals and families may go without food or electricity in order to REGULATING REPRODUCTION: THE PROBLEM WITH BEST INTERESTS Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu NO MORE SURPRISES: PATIENTS FIGHT BACK AGAINST SURPRISE Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu MINNESOTA LAW REVIEWPRINTHEADNOTESBLOGPODCAST2019 SYMPOSIUMABOUT US Articles Glass Ceilings, Glass Walls: Intersections in Legal Gender Equality and Voting Rights One Hundred Years After the Nineteenth Amendment Jessica Szuminski Symposium Foreword by Jessica Szuminski. Full Text. The Nineteenth Amendment was a milestone for women’s rights but has often been criticized for being passed at the expenseof people of color.
WHAT’S SO DEPRAVED? ANALYZING THIRD-DEGREE DEPRAVED …AUTHOR:LAWREVIEW
By: Keenan Roarty, Volume 105 Staff Member Third-degree depraved-mind murder has never had so much attention in Minnesota as it does now. In two recent, high-profile police brutality cases, Derek Chauvin and Mohamed Noor were both convicted of third-degree depraved-mind murder. But under the unique quirks of Minnesota precedent, there is a meaningful chance POLICE ACCOUNTABILITY: IS REPEALING QUALIFIED IMMUNITY … By: Mary Haasl, Volume 105 Staff Member. As the trial of Derek Chauvin comes to an end, Minneapolis and the nation brace for what is to come. A viral recording of Chauvin’s actions this past summer, which led to the horrific death of George Floyd, triggered a nationwide outcry against racial injustice and police brutality and calls for Chauvin’s removal and arrest. VOLUME 105 HEADNOTES: SPRING ISSUE Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu WHAT’S THE BEEF? CONTROVERSY SURROUNDING THE … By Lexi Pitz, Volume 104 Staff Member Meat consumption is a long-engrained tradition in the American diet. Recently, many American meat consumers are motivated to consume plant-based meat for reasons such as health, animal welfare, and environmental impact. The booming meat alternative industry lacks federal regulation or guidance on how to label meat alternatives. DEALING WITH MASS INCARCERATION Dealing with Mass Incarceration. June 14, 2020. By Alfred Blumstein. Full Text. In today’s highly polarized political environment, one of the few issues which garners widespread agreement is the desire to reduce prison populations. Thus, it is rather disconcerting to see the recent stability of the incarceration rate since 2000. RITTMANN V. AMAZON.COM: A WRONG TURN FOR GIG … By Zach Krenz, Volume 105 Staffer The Federal Arbitration Act (FAA) makes arbitration clauses enforceable. Section 2, which outlines the breadth of the Act, states that arbitration provisions in contracts “involving commerce . . . shall be valid, irrevocable, and enforceable. . . .” Section 1 of the Federal Arbitration Act exempts certain categories of SMALL DEBTS, BIG BURDENS By Chrystin Ondersma. Full text here. For individuals struggling to make ends meet, an emergency expense or sudden drop in income can be catastrophic. Often credit is the only option available in such emergencies, but taking out credit can worsen an already precarious financial situation—individuals and families may go without food or electricity in order to REGULATING REPRODUCTION: THE PROBLEM WITH BEST INTERESTS Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu NO MORE SURPRISES: PATIENTS FIGHT BACK AGAINST SURPRISE Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu COMPLETING THE QUANTUM OF EVIDENCE: A RESPONSE TO DANIEL By Edward K. Cheng & Brooke Bowerman. Full Text. In Evidentiary Irony and the Incomplete Rule of Completeness, Daniel Capra and Liesa Richter propose an amendment to Federal Rule of Evidence 106, the “rule of completeness,” that formally recognizes the Rule’s trumping power over objections to hearsay. In this Response, we suggest a conceptual framework CONTRACTS AND COVID-19: DEFENDING NONPERFORMANCE … By: Brice Michka, Volume 105 Staff Member As the United States trudged through the most grueling months of the COVID-19 pandemic, countless contracts were affected. Many sporting organizations, including the National Basketball Association, Kentucky Derby, NASCAR, Indianapolis 500, Major League Soccer, National Hockey League, and others, changed their seasons drastically through EQUALIZING PARENTAL LEAVE By Deborah A. Widiss. Full Text. The United States is the only developed country that fails to guarantee paid time off work to new parents. As a result, many new parents, particularly low-wage workers, are forced to go back to work within days or weeks of a birth or adoption. In recent years, a FIGHTING FOR ATTENTION: DEMOCRACY, FREE SPEECH, AND THE Fighting for Attention: Democracy, Free Speech, and the Marketplace of Ideas. May 13, 2020. By G. Michael Parsons. Full Text. The marketplace of ideas features prominently in First Amendment doctrine, with the Supreme Court invalidating laws that purportedly interfere with the free flow of information through society. THE CASE FOR A CONSTITUTIONAL CHANGE TO TRANSFORM … Brandie Burris, Volume 105 Staff Member and Incoming EIC for Volume 106 . INTRODUCTION Although elected officials and community leaders regularly celebrate Minnesota’s recognition as a leader in public education, these awards and statements hide the true picture. In reality, Minnesota’s public schools, even in “progressive” Minneapolis, continually fail Black, Brown, and UNITED STATES V. NEWSOM: CALIFORNIA’S FIGHT AGAINST By: Natalie Feeney, Volume 104 Staff Member Private prisons have become a focal point of American criminal justice reform in recent years, especially in regard to solving the problem of mass incarceration. According to data from 2017, the number of individuals incarcerated in privately-owned prisons has increased 39.3 percent since 2000, even though the overall CASH NOT WELCOME HERE: THE TREND (AND BACKLASH) … A private business’s decision to refuse cash at the point of sale is a regulatory matter left to the states. In recent years, the trend towards cashless business has moved from the skies to the ground. Many restaurants and other retail businesses have abandoned cash for card or electronic payments. Chicago-based Epic Burger, the IMAGINING THE PROGRESSIVE PROSECUTOR By Benjamin Levin. Full Text. As criminal justice reform has attracted greater public support, a new brand of district attorney candidate has arrived: the “progressive prosecutor.” Commentators increasingly have keyed on “progressive prosecutors” as offering a promising avenue for structural change, deserving of significant political capital and academic attention. ELIGIBLE SUBJECT MATTER AT THE PATENT OFFICE: AN EMPIRICAL By Jay P. Kesan and Runhua Wang. Full Text. The U.S. Supreme Court’s decision regarding patent-eligible subject matter in Alice Corp. v. CLS Bank has been in effect for more than five years, and it has made a significant impact on inventions involving software, information technology, and the life sciences. There is significant scholarlydebate
NOTE: DIVERSITY JURISDICTION AND INJUNCTIVE RELIEF: USING By Christopher A. Pinahs. Full text here. A necessary requirement for federal diversity jurisdiction is that the amount in controversy exceeds $75,000. Injunctions, however, are not a sum certain, and courts often struggle to value this intangible form of relief for purposes of diversity jurisdiction. Further compounding this problem is the fact that injunctions often differentially MINNESOTA LAW REVIEWPRINTHEADNOTESBLOGPODCAST2019 SYMPOSIUMABOUT US Articles Glass Ceilings, Glass Walls: Intersections in Legal Gender Equality and Voting Rights One Hundred Years After the Nineteenth Amendment Jessica Szuminski Symposium Foreword by Jessica Szuminski. Full Text. The Nineteenth Amendment was a milestone for women’s rights but has often been criticized for being passed at the expenseof people of color.
WHAT’S SO DEPRAVED? ANALYZING THIRD-DEGREE DEPRAVED … By: Keenan Roarty, Volume 105 Staff Member Third-degree depraved-mind murder has never had so much attention in Minnesota as it does now. In two recent, high-profile police brutality cases, Derek Chauvin and Mohamed Noor were both convicted of third-degree depraved-mind murder. But under the unique quirks of Minnesota precedent, there is a meaningful chance POLICE ACCOUNTABILITY: IS REPEALING QUALIFIED IMMUNITY …AUTHOR:LAWREVIEW
By: Mary Haasl, Volume 105 Staff Member. As the trial of Derek Chauvin comes to an end, Minneapolis and the nation brace for what is to come. A viral recording of Chauvin’s actions this past summer, which led to the horrific death of George Floyd, triggered a nationwide outcry against racial injustice and police brutality and calls for Chauvin’s removal and arrest. HATE IS A VIRUS: RECENT SURGE IN ANTI-ASIAN HATE CRIMES By: Youngjin Jang, Volume 105 Staff Member The hateful killings of six women of Asian descent in Georgia on March 17th have left the Asian American and Pacific Islander (“AAPI”) community in fear. Although discrimination against Asians has always existed throughout American history, the U.S. has been witnessing a surge of harassment and violence against WHAT’S THE BEEF? CONTROVERSY SURROUNDING THE … By Lexi Pitz, Volume 104 Staff Member Meat consumption is a long-engrained tradition in the American diet. Recently, many American meat consumers are motivated to consume plant-based meat for reasons such as health, animal welfare, and environmental impact. The booming meat alternative industry lacks federal regulation or guidance on how to label meat alternatives. COMPLETING THE QUANTUM OF EVIDENCE: A RESPONSE TO DANIEL By Edward K. Cheng & Brooke Bowerman. Full Text. In Evidentiary Irony and the Incomplete Rule of Completeness, Daniel Capra and Liesa Richter propose an amendment to Federal Rule of Evidence 106, the “rule of completeness,” that formally recognizes the Rule’s trumping power over objections to hearsay. In this Response, we suggest a conceptual framework RITTMANN V. AMAZON.COM: A WRONG TURN FOR GIG …AUTHOR: LAWREVIEW By Zach Krenz, Volume 105 Staffer The Federal Arbitration Act (FAA) makes arbitration clauses enforceable. Section 2, which outlines the breadth of the Act, states that arbitration provisions in contracts “involving commerce . . . shall be valid, irrevocable, and enforceable. . . .” Section 1 of the Federal Arbitration Act exempts certain categories of NOTE: THE DUE PROCESS RIGHTS OF PARENTS TO CROSS-EXAMINE By Emily Gleiss. Full text here. Currently, state statutes that govern guardian ad litem appointments for children in custody disputes fail to protect the due process rights of parents. Focused solely on the best interests of children, these laws provide few safeguards against the infringement of parents’ rights to the care, custody, andcontrol of their
THE BURDENS OF LENIENCY: THE CHANGING FACE OF PROBATION By Ronald P. Corbett, Jr. Full text here. Since its inception in the mid-1800s, probation has been the sentence of choice in America’s criminal courts, accounting for approximately two-thirds of those under state correctional control, the balance of offenders incarcerated. As such, probation has been widely conceived of as a grant of leniency, a humane alternative MEN FEAR FALSE ALLEGATIONS. WOMEN FEAR SEXUAL MISCONDUCT After Dr. Blasey Ford testified in front of the Senate Judiciary Committee, Trump spoke of his fear of false allegations of sexual misconduct: “ t’s a very scary time for young men in America . . . You could be somebody that was perfect your entire life, and somebody could accuse you of something . . . and you’reautomatically
MINNESOTA LAW REVIEWPRINTHEADNOTESBLOGPODCAST2019 SYMPOSIUMABOUT US Articles Glass Ceilings, Glass Walls: Intersections in Legal Gender Equality and Voting Rights One Hundred Years After the Nineteenth Amendment Jessica Szuminski Symposium Foreword by Jessica Szuminski. Full Text. The Nineteenth Amendment was a milestone for women’s rights but has often been criticized for being passed at the expenseof people of color.
WHAT’S SO DEPRAVED? ANALYZING THIRD-DEGREE DEPRAVED … By: Keenan Roarty, Volume 105 Staff Member Third-degree depraved-mind murder has never had so much attention in Minnesota as it does now. In two recent, high-profile police brutality cases, Derek Chauvin and Mohamed Noor were both convicted of third-degree depraved-mind murder. But under the unique quirks of Minnesota precedent, there is a meaningful chance POLICE ACCOUNTABILITY: IS REPEALING QUALIFIED IMMUNITY …AUTHOR:LAWREVIEW
By: Mary Haasl, Volume 105 Staff Member. As the trial of Derek Chauvin comes to an end, Minneapolis and the nation brace for what is to come. A viral recording of Chauvin’s actions this past summer, which led to the horrific death of George Floyd, triggered a nationwide outcry against racial injustice and police brutality and calls for Chauvin’s removal and arrest. HATE IS A VIRUS: RECENT SURGE IN ANTI-ASIAN HATE CRIMES By: Youngjin Jang, Volume 105 Staff Member The hateful killings of six women of Asian descent in Georgia on March 17th have left the Asian American and Pacific Islander (“AAPI”) community in fear. Although discrimination against Asians has always existed throughout American history, the U.S. has been witnessing a surge of harassment and violence against WHAT’S THE BEEF? CONTROVERSY SURROUNDING THE … By Lexi Pitz, Volume 104 Staff Member Meat consumption is a long-engrained tradition in the American diet. Recently, many American meat consumers are motivated to consume plant-based meat for reasons such as health, animal welfare, and environmental impact. The booming meat alternative industry lacks federal regulation or guidance on how to label meat alternatives. COMPLETING THE QUANTUM OF EVIDENCE: A RESPONSE TO DANIEL By Edward K. Cheng & Brooke Bowerman. Full Text. In Evidentiary Irony and the Incomplete Rule of Completeness, Daniel Capra and Liesa Richter propose an amendment to Federal Rule of Evidence 106, the “rule of completeness,” that formally recognizes the Rule’s trumping power over objections to hearsay. In this Response, we suggest a conceptual framework RITTMANN V. AMAZON.COM: A WRONG TURN FOR GIG …AUTHOR: LAWREVIEW By Zach Krenz, Volume 105 Staffer The Federal Arbitration Act (FAA) makes arbitration clauses enforceable. Section 2, which outlines the breadth of the Act, states that arbitration provisions in contracts “involving commerce . . . shall be valid, irrevocable, and enforceable. . . .” Section 1 of the Federal Arbitration Act exempts certain categories of NOTE: THE DUE PROCESS RIGHTS OF PARENTS TO CROSS-EXAMINE By Emily Gleiss. Full text here. Currently, state statutes that govern guardian ad litem appointments for children in custody disputes fail to protect the due process rights of parents. Focused solely on the best interests of children, these laws provide few safeguards against the infringement of parents’ rights to the care, custody, andcontrol of their
THE BURDENS OF LENIENCY: THE CHANGING FACE OF PROBATION By Ronald P. Corbett, Jr. Full text here. Since its inception in the mid-1800s, probation has been the sentence of choice in America’s criminal courts, accounting for approximately two-thirds of those under state correctional control, the balance of offenders incarcerated. As such, probation has been widely conceived of as a grant of leniency, a humane alternative MEN FEAR FALSE ALLEGATIONS. WOMEN FEAR SEXUAL MISCONDUCT After Dr. Blasey Ford testified in front of the Senate Judiciary Committee, Trump spoke of his fear of false allegations of sexual misconduct: “ t’s a very scary time for young men in America . . . You could be somebody that was perfect your entire life, and somebody could accuse you of something . . . and you’reautomatically
HATE IS A VIRUS: RECENT SURGE IN ANTI-ASIAN HATE CRIMES By: Youngjin Jang, Volume 105 Staff Member The hateful killings of six women of Asian descent in Georgia on March 17th have left the Asian American and Pacific Islander (“AAPI”) community in fear. Although discrimination against Asians has always existed throughout American history, the U.S. has been witnessing a surge of harassment and violence against NOTE: THE DUE PROCESS RIGHTS OF PARENTS TO CROSS-EXAMINE By Emily Gleiss. Full text here. Currently, state statutes that govern guardian ad litem appointments for children in custody disputes fail to protect the due process rights of parents. Focused solely on the best interests of children, these laws provide few safeguards against the infringement of parents’ rights to the care, custody, andcontrol of their
MEMBERSHIP - MINNESOTA LAW REVIEW Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu THE BILL OF RIGHTS IN THE EARLY STATE COURTS By Jason Mazzone. Full text here. The Bill of Rights originated as a constraint only on the federal government. As every law student learns, therefore, in the 1833 case of Barron v. Baltimore, the Supreme Court dismissed a Fifth Amendment takings claim against a state. This Article shows, however, that early state courts regularlyinvoked and
THE BURDENS OF LENIENCY: THE CHANGING FACE OF PROBATION By Ronald P. Corbett, Jr. Full text here. Since its inception in the mid-1800s, probation has been the sentence of choice in America’s criminal courts, accounting for approximately two-thirds of those under state correctional control, the balance of offenders incarcerated. As such, probation has been widely conceived of as a grant of leniency, a humane alternative NOTE: BORN (NOT SO) FREE: LEGAL LIMITS ON THE PRACTICE OF By Anna Hickman. Full text here.. Unassisted childbirth, also known as “freebirthing”—in which a woman intentionally gives birth without the aid of a physician or midwife—is gaining increased media attention in the United States and abroad. REGULATING REPRODUCTION: THE PROBLEM WITH BEST INTERESTS Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu PROPERTY RIGHTS AND THE EFFICIENT EXPLOITATION OF By Paul J. Heald. Full text here. Economists and policymakers have recently defended the extension of copyright protection to assure the efficient exploitation of existing works. They assert that works in the public domain may be underexploited due to the lack of property rights. This study compares the availability, number of editions, andprices of 166
THE CATEGORICAL IMPERATIVE AS A DECARCERAL AGENDA By Jessica M. Eaglin. Full Text. Despite recent modest reductions in state prison populations, Franklin Zimring argues in his forthcoming book that mass incarceration remains persistent and intractable. As a path forward, Zimring urges states to adopt pragmatic, structural reforms that incentivize the reduction of prison populations through a “categorical imperative,” meaning, by NO MORE SURPRISES: PATIENTS FIGHT BACK AGAINST SURPRISE Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu MINNESOTA LAW REVIEWPRINTHEADNOTESBLOGPODCAST2019 SYMPOSIUMABOUT US Articles Glass Ceilings, Glass Walls: Intersections in Legal Gender Equality and Voting Rights One Hundred Years After the Nineteenth Amendment Jessica Szuminski Symposium Foreword by Jessica Szuminski. Full Text. The Nineteenth Amendment was a milestone for women’s rights but has often been criticized for being passed at the expenseof people of color.
WHAT’S SO DEPRAVED? ANALYZING THIRD-DEGREE DEPRAVED … By: Keenan Roarty, Volume 105 Staff Member Third-degree depraved-mind murder has never had so much attention in Minnesota as it does now. In two recent, high-profile police brutality cases, Derek Chauvin and Mohamed Noor were both convicted of third-degree depraved-mind murder. But under the unique quirks of Minnesota precedent, there is a meaningful chance POLICE ACCOUNTABILITY: IS REPEALING QUALIFIED IMMUNITY …AUTHOR:LAWREVIEW
By: Mary Haasl, Volume 105 Staff Member. As the trial of Derek Chauvin comes to an end, Minneapolis and the nation brace for what is to come. A viral recording of Chauvin’s actions this past summer, which led to the horrific death of George Floyd, triggered a nationwide outcry against racial injustice and police brutality and calls for Chauvin’s removal and arrest. HATE IS A VIRUS: RECENT SURGE IN ANTI-ASIAN HATE CRIMES By: Youngjin Jang, Volume 105 Staff Member The hateful killings of six women of Asian descent in Georgia on March 17th have left the Asian American and Pacific Islander (“AAPI”) community in fear. Although discrimination against Asians has always existed throughout American history, the U.S. has been witnessing a surge of harassment and violence against WHAT’S THE BEEF? CONTROVERSY SURROUNDING THE … By Lexi Pitz, Volume 104 Staff Member Meat consumption is a long-engrained tradition in the American diet. Recently, many American meat consumers are motivated to consume plant-based meat for reasons such as health, animal welfare, and environmental impact. The booming meat alternative industry lacks federal regulation or guidance on how to label meat alternatives. COMPLETING THE QUANTUM OF EVIDENCE: A RESPONSE TO DANIEL By Edward K. Cheng & Brooke Bowerman. Full Text. In Evidentiary Irony and the Incomplete Rule of Completeness, Daniel Capra and Liesa Richter propose an amendment to Federal Rule of Evidence 106, the “rule of completeness,” that formally recognizes the Rule’s trumping power over objections to hearsay. In this Response, we suggest a conceptual framework RITTMANN V. AMAZON.COM: A WRONG TURN FOR GIG …AUTHOR: LAWREVIEW By Zach Krenz, Volume 105 Staffer The Federal Arbitration Act (FAA) makes arbitration clauses enforceable. Section 2, which outlines the breadth of the Act, states that arbitration provisions in contracts “involving commerce . . . shall be valid, irrevocable, and enforceable. . . .” Section 1 of the Federal Arbitration Act exempts certain categories of NOTE: THE DUE PROCESS RIGHTS OF PARENTS TO CROSS-EXAMINE By Emily Gleiss. Full text here. Currently, state statutes that govern guardian ad litem appointments for children in custody disputes fail to protect the due process rights of parents. Focused solely on the best interests of children, these laws provide few safeguards against the infringement of parents’ rights to the care, custody, andcontrol of their
THE BURDENS OF LENIENCY: THE CHANGING FACE OF PROBATION By Ronald P. Corbett, Jr. Full text here. Since its inception in the mid-1800s, probation has been the sentence of choice in America’s criminal courts, accounting for approximately two-thirds of those under state correctional control, the balance of offenders incarcerated. As such, probation has been widely conceived of as a grant of leniency, a humane alternative MEN FEAR FALSE ALLEGATIONS. WOMEN FEAR SEXUAL MISCONDUCT After Dr. Blasey Ford testified in front of the Senate Judiciary Committee, Trump spoke of his fear of false allegations of sexual misconduct: “ t’s a very scary time for young men in America . . . You could be somebody that was perfect your entire life, and somebody could accuse you of something . . . and you’reautomatically
MINNESOTA LAW REVIEWPRINTHEADNOTESBLOGPODCAST2019 SYMPOSIUMABOUT US Articles Glass Ceilings, Glass Walls: Intersections in Legal Gender Equality and Voting Rights One Hundred Years After the Nineteenth Amendment Jessica Szuminski Symposium Foreword by Jessica Szuminski. Full Text. The Nineteenth Amendment was a milestone for women’s rights but has often been criticized for being passed at the expenseof people of color.
WHAT’S SO DEPRAVED? ANALYZING THIRD-DEGREE DEPRAVED … By: Keenan Roarty, Volume 105 Staff Member Third-degree depraved-mind murder has never had so much attention in Minnesota as it does now. In two recent, high-profile police brutality cases, Derek Chauvin and Mohamed Noor were both convicted of third-degree depraved-mind murder. But under the unique quirks of Minnesota precedent, there is a meaningful chance POLICE ACCOUNTABILITY: IS REPEALING QUALIFIED IMMUNITY …AUTHOR:LAWREVIEW
By: Mary Haasl, Volume 105 Staff Member. As the trial of Derek Chauvin comes to an end, Minneapolis and the nation brace for what is to come. A viral recording of Chauvin’s actions this past summer, which led to the horrific death of George Floyd, triggered a nationwide outcry against racial injustice and police brutality and calls for Chauvin’s removal and arrest. HATE IS A VIRUS: RECENT SURGE IN ANTI-ASIAN HATE CRIMES By: Youngjin Jang, Volume 105 Staff Member The hateful killings of six women of Asian descent in Georgia on March 17th have left the Asian American and Pacific Islander (“AAPI”) community in fear. Although discrimination against Asians has always existed throughout American history, the U.S. has been witnessing a surge of harassment and violence against WHAT’S THE BEEF? CONTROVERSY SURROUNDING THE … By Lexi Pitz, Volume 104 Staff Member Meat consumption is a long-engrained tradition in the American diet. Recently, many American meat consumers are motivated to consume plant-based meat for reasons such as health, animal welfare, and environmental impact. The booming meat alternative industry lacks federal regulation or guidance on how to label meat alternatives. COMPLETING THE QUANTUM OF EVIDENCE: A RESPONSE TO DANIEL By Edward K. Cheng & Brooke Bowerman. Full Text. In Evidentiary Irony and the Incomplete Rule of Completeness, Daniel Capra and Liesa Richter propose an amendment to Federal Rule of Evidence 106, the “rule of completeness,” that formally recognizes the Rule’s trumping power over objections to hearsay. In this Response, we suggest a conceptual framework RITTMANN V. AMAZON.COM: A WRONG TURN FOR GIG …AUTHOR: LAWREVIEW By Zach Krenz, Volume 105 Staffer The Federal Arbitration Act (FAA) makes arbitration clauses enforceable. Section 2, which outlines the breadth of the Act, states that arbitration provisions in contracts “involving commerce . . . shall be valid, irrevocable, and enforceable. . . .” Section 1 of the Federal Arbitration Act exempts certain categories of NOTE: THE DUE PROCESS RIGHTS OF PARENTS TO CROSS-EXAMINE By Emily Gleiss. Full text here. Currently, state statutes that govern guardian ad litem appointments for children in custody disputes fail to protect the due process rights of parents. Focused solely on the best interests of children, these laws provide few safeguards against the infringement of parents’ rights to the care, custody, andcontrol of their
THE BURDENS OF LENIENCY: THE CHANGING FACE OF PROBATION By Ronald P. Corbett, Jr. Full text here. Since its inception in the mid-1800s, probation has been the sentence of choice in America’s criminal courts, accounting for approximately two-thirds of those under state correctional control, the balance of offenders incarcerated. As such, probation has been widely conceived of as a grant of leniency, a humane alternative MEN FEAR FALSE ALLEGATIONS. WOMEN FEAR SEXUAL MISCONDUCT After Dr. Blasey Ford testified in front of the Senate Judiciary Committee, Trump spoke of his fear of false allegations of sexual misconduct: “ t’s a very scary time for young men in America . . . You could be somebody that was perfect your entire life, and somebody could accuse you of something . . . and you’reautomatically
HATE IS A VIRUS: RECENT SURGE IN ANTI-ASIAN HATE CRIMES By: Youngjin Jang, Volume 105 Staff Member The hateful killings of six women of Asian descent in Georgia on March 17th have left the Asian American and Pacific Islander (“AAPI”) community in fear. Although discrimination against Asians has always existed throughout American history, the U.S. has been witnessing a surge of harassment and violence against NOTE: THE DUE PROCESS RIGHTS OF PARENTS TO CROSS-EXAMINE By Emily Gleiss. Full text here. Currently, state statutes that govern guardian ad litem appointments for children in custody disputes fail to protect the due process rights of parents. Focused solely on the best interests of children, these laws provide few safeguards against the infringement of parents’ rights to the care, custody, andcontrol of their
MEMBERSHIP - MINNESOTA LAW REVIEW Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu THE BILL OF RIGHTS IN THE EARLY STATE COURTS By Jason Mazzone. Full text here. The Bill of Rights originated as a constraint only on the federal government. As every law student learns, therefore, in the 1833 case of Barron v. Baltimore, the Supreme Court dismissed a Fifth Amendment takings claim against a state. This Article shows, however, that early state courts regularlyinvoked and
THE BURDENS OF LENIENCY: THE CHANGING FACE OF PROBATION By Ronald P. Corbett, Jr. Full text here. Since its inception in the mid-1800s, probation has been the sentence of choice in America’s criminal courts, accounting for approximately two-thirds of those under state correctional control, the balance of offenders incarcerated. As such, probation has been widely conceived of as a grant of leniency, a humane alternative NOTE: BORN (NOT SO) FREE: LEGAL LIMITS ON THE PRACTICE OF By Anna Hickman. Full text here.. Unassisted childbirth, also known as “freebirthing”—in which a woman intentionally gives birth without the aid of a physician or midwife—is gaining increased media attention in the United States and abroad. REGULATING REPRODUCTION: THE PROBLEM WITH BEST INTERESTS Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu PROPERTY RIGHTS AND THE EFFICIENT EXPLOITATION OF By Paul J. Heald. Full text here. Economists and policymakers have recently defended the extension of copyright protection to assure the efficient exploitation of existing works. They assert that works in the public domain may be underexploited due to the lack of property rights. This study compares the availability, number of editions, andprices of 166
THE CATEGORICAL IMPERATIVE AS A DECARCERAL AGENDA By Jessica M. Eaglin. Full Text. Despite recent modest reductions in state prison populations, Franklin Zimring argues in his forthcoming book that mass incarceration remains persistent and intractable. As a path forward, Zimring urges states to adopt pragmatic, structural reforms that incentivize the reduction of prison populations through a “categorical imperative,” meaning, by NO MORE SURPRISES: PATIENTS FIGHT BACK AGAINST SURPRISE Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu MINNESOTA LAW REVIEWPRINTHEADNOTESBLOGPODCAST2019 SYMPOSIUMABOUT US Articles Glass Ceilings, Glass Walls: Intersections in Legal Gender Equality and Voting Rights One Hundred Years After the Nineteenth Amendment Jessica Szuminski Symposium Foreword by Jessica Szuminski. Full Text. The Nineteenth Amendment was a milestone for women’s rights but has often been criticized for being passed at the expenseof people of color.
MEMBERSHIP - MINNESOTA LAW REVIEW Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu WHAT’S THE BEEF? CONTROVERSY SURROUNDING THE … By Lexi Pitz, Volume 104 Staff Member Meat consumption is a long-engrained tradition in the American diet. Recently, many American meat consumers are motivated to consume plant-based meat for reasons such as health, animal welfare, and environmental impact. The booming meat alternative industry lacks federal regulation or guidance on how to label meat alternatives. VOLUME 105 HEADNOTES: SPRING ISSUE Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu RITTMANN V. AMAZON.COM: A WRONG TURN FOR GIG … By Zach Krenz, Volume 105 Staffer The Federal Arbitration Act (FAA) makes arbitration clauses enforceable. Section 2, which outlines the breadth of the Act, states that arbitration provisions in contracts “involving commerce . . . shall be valid, irrevocable, and enforceable. . . .” Section 1 of the Federal Arbitration Act exempts certain categories of PROPERTY RIGHTS AND THE EFFICIENT EXPLOITATION OF By Paul J. Heald. Full text here. Economists and policymakers have recently defended the extension of copyright protection to assure the efficient exploitation of existing works. They assert that works in the public domain may be underexploited due to the lack of property rights. This study compares the availability, number of editions, andprices of 166
THE CATEGORICAL IMPERATIVE AS A DECARCERAL AGENDA By Jessica M. Eaglin. Full Text. Despite recent modest reductions in state prison populations, Franklin Zimring argues in his forthcoming book that mass incarceration remains persistent and intractable. As a path forward, Zimring urges states to adopt pragmatic, structural reforms that incentivize the reduction of prison populations through a “categorical imperative,” meaning, by REGULATING REPRODUCTION: THE PROBLEM WITH BEST INTERESTS Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu MEN FEAR FALSE ALLEGATIONS. WOMEN FEAR SEXUAL MISCONDUCT After Dr. Blasey Ford testified in front of the Senate Judiciary Committee, Trump spoke of his fear of false allegations of sexual misconduct: “ t’s a very scary time for young men in America . . . You could be somebody that was perfect your entire life, and somebody could accuse you of something . . . and you’reautomatically
NO MORE SURPRISES: PATIENTS FIGHT BACK AGAINST SURPRISE The hospital, St. Anthony, billed French $303,709.49, but ELAP determined a reasonable payment would be only $74,597.25. St. Anthony sued French for the difference. Apparently, the jury scoffed at the hospital’s $229,112.13 demand—which included, e.g., surgical spinal implants for which the hospital charged a 624% markup. MINNESOTA LAW REVIEWPRINTHEADNOTESBLOGPODCAST2019 SYMPOSIUMABOUT US Articles Glass Ceilings, Glass Walls: Intersections in Legal Gender Equality and Voting Rights One Hundred Years After the Nineteenth Amendment Jessica Szuminski Symposium Foreword by Jessica Szuminski. Full Text. The Nineteenth Amendment was a milestone for women’s rights but has often been criticized for being passed at the expenseof people of color.
MEMBERSHIP - MINNESOTA LAW REVIEW Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu WHAT’S THE BEEF? CONTROVERSY SURROUNDING THE … By Lexi Pitz, Volume 104 Staff Member Meat consumption is a long-engrained tradition in the American diet. Recently, many American meat consumers are motivated to consume plant-based meat for reasons such as health, animal welfare, and environmental impact. The booming meat alternative industry lacks federal regulation or guidance on how to label meat alternatives. VOLUME 105 HEADNOTES: SPRING ISSUE Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu RITTMANN V. AMAZON.COM: A WRONG TURN FOR GIG … By Zach Krenz, Volume 105 Staffer The Federal Arbitration Act (FAA) makes arbitration clauses enforceable. Section 2, which outlines the breadth of the Act, states that arbitration provisions in contracts “involving commerce . . . shall be valid, irrevocable, and enforceable. . . .” Section 1 of the Federal Arbitration Act exempts certain categories of PROPERTY RIGHTS AND THE EFFICIENT EXPLOITATION OF By Paul J. Heald. Full text here. Economists and policymakers have recently defended the extension of copyright protection to assure the efficient exploitation of existing works. They assert that works in the public domain may be underexploited due to the lack of property rights. This study compares the availability, number of editions, andprices of 166
THE CATEGORICAL IMPERATIVE AS A DECARCERAL AGENDA By Jessica M. Eaglin. Full Text. Despite recent modest reductions in state prison populations, Franklin Zimring argues in his forthcoming book that mass incarceration remains persistent and intractable. As a path forward, Zimring urges states to adopt pragmatic, structural reforms that incentivize the reduction of prison populations through a “categorical imperative,” meaning, by REGULATING REPRODUCTION: THE PROBLEM WITH BEST INTERESTS Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu MEN FEAR FALSE ALLEGATIONS. WOMEN FEAR SEXUAL MISCONDUCT After Dr. Blasey Ford testified in front of the Senate Judiciary Committee, Trump spoke of his fear of false allegations of sexual misconduct: “ t’s a very scary time for young men in America . . . You could be somebody that was perfect your entire life, and somebody could accuse you of something . . . and you’reautomatically
NO MORE SURPRISES: PATIENTS FIGHT BACK AGAINST SURPRISE The hospital, St. Anthony, billed French $303,709.49, but ELAP determined a reasonable payment would be only $74,597.25. St. Anthony sued French for the difference. Apparently, the jury scoffed at the hospital’s $229,112.13 demand—which included, e.g., surgical spinal implants for which the hospital charged a 624% markup. COMPLETING THE QUANTUM OF EVIDENCE: A RESPONSE TO DANIEL By Edward K. Cheng & Brooke Bowerman. Full Text. In Evidentiary Irony and the Incomplete Rule of Completeness, Daniel Capra and Liesa Richter propose an amendment to Federal Rule of Evidence 106, the “rule of completeness,” that formally recognizes the Rule’s trumping power over objections to hearsay. In this Response, we suggest a conceptual framework DEALING WITH MASS INCARCERATION Dealing with Mass Incarceration. June 14, 2020. By Alfred Blumstein. Full Text. In today’s highly polarized political environment, one of the few issues which garners widespread agreement is the desire to reduce prison populations. Thus, it is rather disconcerting to see the recent stability of the incarceration rate since 2000. RITTMANN V. AMAZON.COM: A WRONG TURN FOR GIG … By Zach Krenz, Volume 105 Staffer The Federal Arbitration Act (FAA) makes arbitration clauses enforceable. Section 2, which outlines the breadth of the Act, states that arbitration provisions in contracts “involving commerce . . . shall be valid, irrevocable, and enforceable. . . .” Section 1 of the Federal Arbitration Act exempts certain categories of LIBOR: THE WORLD’S MOST IMPORTANT HEADACHE By Alec Foote Mitchell. Full Text. The London Inter-Bank Offered Rate, or LIBOR, is known as “the world’s most important number.” Referenced in almost $350 trillion of financial contracts, LIBOR is central to modern finance. But in 2023, it is vanishing. As central banks, governments, financial institutions, and private parties rush to find replacement rates, ZIMRING ON MASS INCARCERATION: EMPIRICAL PESSIMISM AND By Robert Weisberg. Full Text. This Article places Professor Zimring’s treatment of the boom in imprisonment that led to mass incarceration in the wider context of his decades-long contemplation of our ability to understated changes in crime and punishment. His earlier studies of the great crime decline that began in the 1990s provides a revealing, MARRIAGE MIGHT GET MORE EXPENSIVE: CAN BANKS REQUIRE By: Alec Mitchell, Volume 104 Staff Member I. INTRODUCTION The basic concept of a loan is simple: an individual walks into a bank and the bank gives them money on their promise to pay it back, with interest. But what if the bank is worried that the individual might not pay themoney back? Banks
CASH NOT WELCOME HERE: THE TREND (AND BACKLASH) … A private business’s decision to refuse cash at the point of sale is a regulatory matter left to the states. In recent years, the trend towards cashless business has moved from the skies to the ground. Many restaurants and other retail businesses have abandoned cash for card or electronic payments. Chicago-based Epic Burger, the THE ROLE OF DISSENTING OPINIONS Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu THE BENEFITS AND COSTS OF ECONOMIC SANCTIONS: CONSIDERING By R. Barry Ruback. Full text here. A consideration of economic sanctions must distinguish between the types and purposes of the different sanctions. Costs and fees refer to charges the offender must pay to reimburse the state for the administrative costs of operating the criminal justice system, although there is some variance in howthe terms
CITIES ARE TURNING ON CONVERSION THERAPY BANS By: Melanie Griffith, Volume 104 Staff Member INTRODUCTION The tides are turning on the trend of conversion therapy bans. Conversion therapy is a controversial practice that purports to “cure” homosexual or transgender individuals by attempting to change their sexual orientation or gender identity. Therapists use methods ranging from aversion therapy and shock therapy to seemingly MINNESOTA LAW REVIEWPRINTHEADNOTESBLOGPODCAST2019 SYMPOSIUMABOUT US Articles Glass Ceilings, Glass Walls: Intersections in Legal Gender Equality and Voting Rights One Hundred Years After the Nineteenth Amendment Jessica Szuminski Symposium Foreword by Jessica Szuminski. Full Text. The Nineteenth Amendment was a milestone for women’s rights but has often been criticized for being passed at the expenseof people of color.
MEMBERSHIP - MINNESOTA LAW REVIEW Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu WHAT’S THE BEEF? CONTROVERSY SURROUNDING THE …PLANT BASED MEAT LABELING FDALABELING PARTS OF THE CELLMEAT LABELING BILLMEAT LABELING EQUIPMENTMEAT LABELING LAWPLANT CELL LABELING By Lexi Pitz, Volume 104 Staff Member Meat consumption is a long-engrained tradition in the American diet. Recently, many American meat consumers are motivated to consume plant-based meat for reasons such as health, animal welfare, and environmental impact. The booming meat alternative industry lacks federal regulation or guidance on how to label meat alternatives. VOLUME 105 HEADNOTES: SPRING ISSUE Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu RITTMANN V. AMAZON.COM: A WRONG TURN FOR GIG … By Zach Krenz, Volume 105 Staffer The Federal Arbitration Act (FAA) makes arbitration clauses enforceable. Section 2, which outlines the breadth of the Act, states that arbitration provisions in contracts “involving commerce . . . shall be valid, irrevocable, and enforceable. . . .” Section 1 of the Federal Arbitration Act exempts certain categories of PROPERTY RIGHTS AND THE EFFICIENT EXPLOITATION OF By Paul J. Heald. Full text here. Economists and policymakers have recently defended the extension of copyright protection to assure the efficient exploitation of existing works. They assert that works in the public domain may be underexploited due to the lack of property rights. This study compares the availability, number of editions, andprices of 166
THE CATEGORICAL IMPERATIVE AS A DECARCERAL AGENDA By Jessica M. Eaglin. Full Text. Despite recent modest reductions in state prison populations, Franklin Zimring argues in his forthcoming book that mass incarceration remains persistent and intractable. As a path forward, Zimring urges states to adopt pragmatic, structural reforms that incentivize the reduction of prison populations through a “categorical imperative,” meaning, by REGULATING REPRODUCTION: THE PROBLEM WITH BEST INTERESTS Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu MEN FEAR FALSE ALLEGATIONS. WOMEN FEAR SEXUAL MISCONDUCT After Dr. Blasey Ford testified in front of the Senate Judiciary Committee, Trump spoke of his fear of false allegations of sexual misconduct: “ t’s a very scary time for young men in America . . . You could be somebody that was perfect your entire life, and somebody could accuse you of something . . . and you’reautomatically
NO MORE SURPRISES: PATIENTS FIGHT BACK AGAINST SURPRISE The hospital, St. Anthony, billed French $303,709.49, but ELAP determined a reasonable payment would be only $74,597.25. St. Anthony sued French for the difference. Apparently, the jury scoffed at the hospital’s $229,112.13 demand—which included, e.g., surgical spinal implants for which the hospital charged a 624% markup. MINNESOTA LAW REVIEWPRINTHEADNOTESBLOGPODCAST2019 SYMPOSIUMABOUT US Articles Glass Ceilings, Glass Walls: Intersections in Legal Gender Equality and Voting Rights One Hundred Years After the Nineteenth Amendment Jessica Szuminski Symposium Foreword by Jessica Szuminski. Full Text. The Nineteenth Amendment was a milestone for women’s rights but has often been criticized for being passed at the expenseof people of color.
MEMBERSHIP - MINNESOTA LAW REVIEW Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu WHAT’S THE BEEF? CONTROVERSY SURROUNDING THE …PLANT BASED MEAT LABELING FDALABELING PARTS OF THE CELLMEAT LABELING BILLMEAT LABELING EQUIPMENTMEAT LABELING LAWPLANT CELL LABELING By Lexi Pitz, Volume 104 Staff Member Meat consumption is a long-engrained tradition in the American diet. Recently, many American meat consumers are motivated to consume plant-based meat for reasons such as health, animal welfare, and environmental impact. The booming meat alternative industry lacks federal regulation or guidance on how to label meat alternatives. VOLUME 105 HEADNOTES: SPRING ISSUE Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu RITTMANN V. AMAZON.COM: A WRONG TURN FOR GIG … By Zach Krenz, Volume 105 Staffer The Federal Arbitration Act (FAA) makes arbitration clauses enforceable. Section 2, which outlines the breadth of the Act, states that arbitration provisions in contracts “involving commerce . . . shall be valid, irrevocable, and enforceable. . . .” Section 1 of the Federal Arbitration Act exempts certain categories of PROPERTY RIGHTS AND THE EFFICIENT EXPLOITATION OF By Paul J. Heald. Full text here. Economists and policymakers have recently defended the extension of copyright protection to assure the efficient exploitation of existing works. They assert that works in the public domain may be underexploited due to the lack of property rights. This study compares the availability, number of editions, andprices of 166
THE CATEGORICAL IMPERATIVE AS A DECARCERAL AGENDA By Jessica M. Eaglin. Full Text. Despite recent modest reductions in state prison populations, Franklin Zimring argues in his forthcoming book that mass incarceration remains persistent and intractable. As a path forward, Zimring urges states to adopt pragmatic, structural reforms that incentivize the reduction of prison populations through a “categorical imperative,” meaning, by REGULATING REPRODUCTION: THE PROBLEM WITH BEST INTERESTS Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu MEN FEAR FALSE ALLEGATIONS. WOMEN FEAR SEXUAL MISCONDUCT After Dr. Blasey Ford testified in front of the Senate Judiciary Committee, Trump spoke of his fear of false allegations of sexual misconduct: “ t’s a very scary time for young men in America . . . You could be somebody that was perfect your entire life, and somebody could accuse you of something . . . and you’reautomatically
NO MORE SURPRISES: PATIENTS FIGHT BACK AGAINST SURPRISE The hospital, St. Anthony, billed French $303,709.49, but ELAP determined a reasonable payment would be only $74,597.25. St. Anthony sued French for the difference. Apparently, the jury scoffed at the hospital’s $229,112.13 demand—which included, e.g., surgical spinal implants for which the hospital charged a 624% markup. COMPLETING THE QUANTUM OF EVIDENCE: A RESPONSE TO DANIEL By Edward K. Cheng & Brooke Bowerman. Full Text. In Evidentiary Irony and the Incomplete Rule of Completeness, Daniel Capra and Liesa Richter propose an amendment to Federal Rule of Evidence 106, the “rule of completeness,” that formally recognizes the Rule’s trumping power over objections to hearsay. In this Response, we suggest a conceptual framework DEALING WITH MASS INCARCERATION Dealing with Mass Incarceration. June 14, 2020. By Alfred Blumstein. Full Text. In today’s highly polarized political environment, one of the few issues which garners widespread agreement is the desire to reduce prison populations. Thus, it is rather disconcerting to see the recent stability of the incarceration rate since 2000. RITTMANN V. AMAZON.COM: A WRONG TURN FOR GIG … By Zach Krenz, Volume 105 Staffer The Federal Arbitration Act (FAA) makes arbitration clauses enforceable. Section 2, which outlines the breadth of the Act, states that arbitration provisions in contracts “involving commerce . . . shall be valid, irrevocable, and enforceable. . . .” Section 1 of the Federal Arbitration Act exempts certain categories of LIBOR: THE WORLD’S MOST IMPORTANT HEADACHE By Alec Foote Mitchell. Full Text. The London Inter-Bank Offered Rate, or LIBOR, is known as “the world’s most important number.” Referenced in almost $350 trillion of financial contracts, LIBOR is central to modern finance. But in 2023, it is vanishing. As central banks, governments, financial institutions, and private parties rush to find replacement rates, ZIMRING ON MASS INCARCERATION: EMPIRICAL PESSIMISM AND By Robert Weisberg. Full Text. This Article places Professor Zimring’s treatment of the boom in imprisonment that led to mass incarceration in the wider context of his decades-long contemplation of our ability to understated changes in crime and punishment. His earlier studies of the great crime decline that began in the 1990s provides a revealing, MARRIAGE MIGHT GET MORE EXPENSIVE: CAN BANKS REQUIRE By: Alec Mitchell, Volume 104 Staff Member I. INTRODUCTION The basic concept of a loan is simple: an individual walks into a bank and the bank gives them money on their promise to pay it back, with interest. But what if the bank is worried that the individual might not pay themoney back? Banks
CASH NOT WELCOME HERE: THE TREND (AND BACKLASH) … A private business’s decision to refuse cash at the point of sale is a regulatory matter left to the states. In recent years, the trend towards cashless business has moved from the skies to the ground. Many restaurants and other retail businesses have abandoned cash for card or electronic payments. Chicago-based Epic Burger, the THE ROLE OF DISSENTING OPINIONS Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu THE BENEFITS AND COSTS OF ECONOMIC SANCTIONS: CONSIDERING By R. Barry Ruback. Full text here. A consideration of economic sanctions must distinguish between the types and purposes of the different sanctions. Costs and fees refer to charges the offender must pay to reimburse the state for the administrative costs of operating the criminal justice system, although there is some variance in howthe terms
CITIES ARE TURNING ON CONVERSION THERAPY BANS By: Melanie Griffith, Volume 104 Staff Member INTRODUCTION The tides are turning on the trend of conversion therapy bans. Conversion therapy is a controversial practice that purports to “cure” homosexual or transgender individuals by attempting to change their sexual orientation or gender identity. Therapists use methods ranging from aversion therapy and shock therapy to seemingly MINNESOTA LAW REVIEWPRINTHEADNOTESBLOGPODCAST2019 SYMPOSIUMABOUT US Articles Glass Ceilings, Glass Walls: Intersections in Legal Gender Equality and Voting Rights One Hundred Years After the Nineteenth Amendment Jessica Szuminski Symposium Foreword by Jessica Szuminski. Full Text. The Nineteenth Amendment was a milestone for women’s rights but has often been criticized for being passed at the expenseof people of color.
MEMBERSHIP - MINNESOTA LAW REVIEW Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu WHAT’S THE BEEF? CONTROVERSY SURROUNDING THE …PLANT BASED MEAT LABELING FDALABELING PARTS OF THE CELLMEAT LABELING BILLMEAT LABELING EQUIPMENTMEAT LABELING LAWPLANT CELL LABELING By Lexi Pitz, Volume 104 Staff Member Meat consumption is a long-engrained tradition in the American diet. Recently, many American meat consumers are motivated to consume plant-based meat for reasons such as health, animal welfare, and environmental impact. The booming meat alternative industry lacks federal regulation or guidance on how to label meat alternatives. VOLUME 105 HEADNOTES: SPRING ISSUE Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu RITTMANN V. AMAZON.COM: A WRONG TURN FOR GIG … By Zach Krenz, Volume 105 Staffer The Federal Arbitration Act (FAA) makes arbitration clauses enforceable. Section 2, which outlines the breadth of the Act, states that arbitration provisions in contracts “involving commerce . . . shall be valid, irrevocable, and enforceable. . . .” Section 1 of the Federal Arbitration Act exempts certain categories of PROPERTY RIGHTS AND THE EFFICIENT EXPLOITATION OF By Paul J. Heald. Full text here. Economists and policymakers have recently defended the extension of copyright protection to assure the efficient exploitation of existing works. They assert that works in the public domain may be underexploited due to the lack of property rights. This study compares the availability, number of editions, andprices of 166
THE CATEGORICAL IMPERATIVE AS A DECARCERAL AGENDA By Jessica M. Eaglin. Full Text. Despite recent modest reductions in state prison populations, Franklin Zimring argues in his forthcoming book that mass incarceration remains persistent and intractable. As a path forward, Zimring urges states to adopt pragmatic, structural reforms that incentivize the reduction of prison populations through a “categorical imperative,” meaning, by REGULATING REPRODUCTION: THE PROBLEM WITH BEST INTERESTS Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu MEN FEAR FALSE ALLEGATIONS. WOMEN FEAR SEXUAL MISCONDUCT After Dr. Blasey Ford testified in front of the Senate Judiciary Committee, Trump spoke of his fear of false allegations of sexual misconduct: “ t’s a very scary time for young men in America . . . You could be somebody that was perfect your entire life, and somebody could accuse you of something . . . and you’reautomatically
NO MORE SURPRISES: PATIENTS FIGHT BACK AGAINST SURPRISE The hospital, St. Anthony, billed French $303,709.49, but ELAP determined a reasonable payment would be only $74,597.25. St. Anthony sued French for the difference. Apparently, the jury scoffed at the hospital’s $229,112.13 demand—which included, e.g., surgical spinal implants for which the hospital charged a 624% markup. MINNESOTA LAW REVIEWPRINTHEADNOTESBLOGPODCAST2019 SYMPOSIUMABOUT US Articles Glass Ceilings, Glass Walls: Intersections in Legal Gender Equality and Voting Rights One Hundred Years After the Nineteenth Amendment Jessica Szuminski Symposium Foreword by Jessica Szuminski. Full Text. The Nineteenth Amendment was a milestone for women’s rights but has often been criticized for being passed at the expenseof people of color.
MEMBERSHIP - MINNESOTA LAW REVIEW Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu WHAT’S THE BEEF? CONTROVERSY SURROUNDING THE …PLANT BASED MEAT LABELING FDALABELING PARTS OF THE CELLMEAT LABELING BILLMEAT LABELING EQUIPMENTMEAT LABELING LAWPLANT CELL LABELING By Lexi Pitz, Volume 104 Staff Member Meat consumption is a long-engrained tradition in the American diet. Recently, many American meat consumers are motivated to consume plant-based meat for reasons such as health, animal welfare, and environmental impact. The booming meat alternative industry lacks federal regulation or guidance on how to label meat alternatives. VOLUME 105 HEADNOTES: SPRING ISSUE Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu RITTMANN V. AMAZON.COM: A WRONG TURN FOR GIG … By Zach Krenz, Volume 105 Staffer The Federal Arbitration Act (FAA) makes arbitration clauses enforceable. Section 2, which outlines the breadth of the Act, states that arbitration provisions in contracts “involving commerce . . . shall be valid, irrevocable, and enforceable. . . .” Section 1 of the Federal Arbitration Act exempts certain categories of PROPERTY RIGHTS AND THE EFFICIENT EXPLOITATION OF By Paul J. Heald. Full text here. Economists and policymakers have recently defended the extension of copyright protection to assure the efficient exploitation of existing works. They assert that works in the public domain may be underexploited due to the lack of property rights. This study compares the availability, number of editions, andprices of 166
THE CATEGORICAL IMPERATIVE AS A DECARCERAL AGENDA By Jessica M. Eaglin. Full Text. Despite recent modest reductions in state prison populations, Franklin Zimring argues in his forthcoming book that mass incarceration remains persistent and intractable. As a path forward, Zimring urges states to adopt pragmatic, structural reforms that incentivize the reduction of prison populations through a “categorical imperative,” meaning, by REGULATING REPRODUCTION: THE PROBLEM WITH BEST INTERESTS Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu MEN FEAR FALSE ALLEGATIONS. WOMEN FEAR SEXUAL MISCONDUCT After Dr. Blasey Ford testified in front of the Senate Judiciary Committee, Trump spoke of his fear of false allegations of sexual misconduct: “ t’s a very scary time for young men in America . . . You could be somebody that was perfect your entire life, and somebody could accuse you of something . . . and you’reautomatically
NO MORE SURPRISES: PATIENTS FIGHT BACK AGAINST SURPRISE The hospital, St. Anthony, billed French $303,709.49, but ELAP determined a reasonable payment would be only $74,597.25. St. Anthony sued French for the difference. Apparently, the jury scoffed at the hospital’s $229,112.13 demand—which included, e.g., surgical spinal implants for which the hospital charged a 624% markup. COMPLETING THE QUANTUM OF EVIDENCE: A RESPONSE TO DANIEL By Edward K. Cheng & Brooke Bowerman. Full Text. In Evidentiary Irony and the Incomplete Rule of Completeness, Daniel Capra and Liesa Richter propose an amendment to Federal Rule of Evidence 106, the “rule of completeness,” that formally recognizes the Rule’s trumping power over objections to hearsay. In this Response, we suggest a conceptual framework DEALING WITH MASS INCARCERATION Dealing with Mass Incarceration. June 14, 2020. By Alfred Blumstein. Full Text. In today’s highly polarized political environment, one of the few issues which garners widespread agreement is the desire to reduce prison populations. Thus, it is rather disconcerting to see the recent stability of the incarceration rate since 2000. RITTMANN V. AMAZON.COM: A WRONG TURN FOR GIG … By Zach Krenz, Volume 105 Staffer The Federal Arbitration Act (FAA) makes arbitration clauses enforceable. Section 2, which outlines the breadth of the Act, states that arbitration provisions in contracts “involving commerce . . . shall be valid, irrevocable, and enforceable. . . .” Section 1 of the Federal Arbitration Act exempts certain categories of LIBOR: THE WORLD’S MOST IMPORTANT HEADACHE By Alec Foote Mitchell. Full Text. The London Inter-Bank Offered Rate, or LIBOR, is known as “the world’s most important number.” Referenced in almost $350 trillion of financial contracts, LIBOR is central to modern finance. But in 2023, it is vanishing. As central banks, governments, financial institutions, and private parties rush to find replacement rates, ZIMRING ON MASS INCARCERATION: EMPIRICAL PESSIMISM AND By Robert Weisberg. Full Text. This Article places Professor Zimring’s treatment of the boom in imprisonment that led to mass incarceration in the wider context of his decades-long contemplation of our ability to understated changes in crime and punishment. His earlier studies of the great crime decline that began in the 1990s provides a revealing, MARRIAGE MIGHT GET MORE EXPENSIVE: CAN BANKS REQUIRE By: Alec Mitchell, Volume 104 Staff Member I. INTRODUCTION The basic concept of a loan is simple: an individual walks into a bank and the bank gives them money on their promise to pay it back, with interest. But what if the bank is worried that the individual might not pay themoney back? Banks
CASH NOT WELCOME HERE: THE TREND (AND BACKLASH) … A private business’s decision to refuse cash at the point of sale is a regulatory matter left to the states. In recent years, the trend towards cashless business has moved from the skies to the ground. Many restaurants and other retail businesses have abandoned cash for card or electronic payments. Chicago-based Epic Burger, the THE ROLE OF DISSENTING OPINIONS Minnesota Law Review 229 19th Ave. South Minneapolis, MN 55455 Tel: (612) 625-9330 Fax: (612) 624-5400 mnlawrev@umn.edu THE BENEFITS AND COSTS OF ECONOMIC SANCTIONS: CONSIDERING By R. Barry Ruback. Full text here. A consideration of economic sanctions must distinguish between the types and purposes of the different sanctions. Costs and fees refer to charges the offender must pay to reimburse the state for the administrative costs of operating the criminal justice system, although there is some variance in howthe terms
CITIES ARE TURNING ON CONVERSION THERAPY BANS By: Melanie Griffith, Volume 104 Staff Member INTRODUCTION The tides are turning on the trend of conversion therapy bans. Conversion therapy is a controversial practice that purports to “cure” homosexual or transgender individuals by attempting to change their sexual orientation or gender identity. Therapists use methods ranging from aversion therapy and shock therapy to seeminglySkip to content
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Article
FUN WITH REVERSE EJUSDEM GENERIS By Jay Wexler | November 23, 2020 By Jay Wexler. Full Text. In the canon of statutory construction canons, perhaps no canon is more canonical than the canon known as ejusdem generis. This canon, which translates as “of the same kind,” states that when a statute includes a list of terms and a catch-all phrase, the set of items covered by the…Article
RESTORING ALJ INDEPENDENCE By Richard E. Levy & Robert L. Glicksman | November 23, 2020 By Richard E. Levy and Robert L. Glicksman. Full Text. Institutional structures that protect the impartiality of federal agency adjudicators and insulate them from undue political pressure are essential to the constitutional legitimacy of agency adjudication. Those structures are crumbling, leaving the administrative law judges (ALJs) who conduct formal adjudications for the federal governmentincreasingly…
Article
NO PRIVILEGE TO POLLUTE: EXPANDING THE CRIME-FRAUD EXCEPTION TO THE ATTORNEY-CLIENT PRIVILEGE By Tom Lininger | November 23, 2020 By Tom Lininger. Full Text. This Article argues that a venerable rule of evidence—the attorney-client privilege—is due for reform. In particular, I propose the expansion of the crime-fraud exception to the attorney-client privilege. The exception presently only applies to crimes and civil frauds. I argue that the exception should extend to certain violations of civil…Article
PARENTAL AUTONOMY OVER PRENATAL END-OF-LIFE DECISIONS By Greer Donley | November 23, 2020 By Greer Donley. Full Text. When parents learn that their potential child has a life-limiting, often devastating, prenatal diagnosis, they are faced with the first (and perhaps, only) healthcare decisions they will make for their child. Many choose to terminate the pregnancy because they believe it is in their potential child’s best interestto avoid…
Article
CORE CRIMINAL PROCEDURE By Steven Arrigg Koh | November 23, 2020 By Steven Arrigg Koh. Full Text. Constitutional criminal procedural rights are familiar to contemporary criminal law scholars and practitioners alike. But today, U.S. criminal justice may diverge substantially from its centuries-old framework when all three branches recognize only a core set of inviolable rights, implicitly or explicitly discarding others. This criminal procedural line drawingtakes…
Article
TRANSACTIONAL SCRIPTS IN CONTRACT STACKS By Shaanan Cohney & David A. Hoffman | November 23, 2020 By Shaanan Cohney and David A. Hoffman. Full Text. In conventional transactions, written contracts usually memorialize the terms of the commercial exchange. For deals in which some of the goods being transferred and the forum for the trade are digitized—as in the case of cryptocurrencies—parties may use computer code rather than a written contract to…Note
THE ADVENT OF EFFORTLESS EXPRESSION: AN EXAMINATION OF THE COPYRIGHTABILITY OF BCI-ENCODED BRAIN SIGNALS By Jonathan Baker | November 23, 2020 By Jonathan Baker. Full Text. This Note anticipates the development and deployment of brain-computer interfaces (BCIs) and attempts to reconcile this technology’s implications with modern U.S. copyright doctrine. Although researchers and practitioners have primarily used BCIs to restore motor function to and improve the quality of life for people severely disabled by neuromuscular impairments, the…Note
MINNESOTA’S DIGITAL DIVIDE: HOW MINNESOTA CAN REPLICATE THE RURAL ELECTRIFICATION ACT TO DELIVER RURAL BROADBAND By Abby Oakland | November 23, 2020 By Abby Oakland. Full Text. For disadvantaged communities, education can be the silver bullet. It can equip and empower students to rise above their economic station. It can level the playing field. It can provide opportunity absent in their current circumstances. It can open doors that would otherwise remain closed. Recognizing this power, Minnesota’s Constitution…Note
BEHIND THE BINARY BARS: A CRITIQUE OF PRISON PLACEMENT POLICIES FOR TRANSGENDER, NON-BINARY, AND GENDER NON-CONFORMING PRISONERS By Jessica Szuminski | November 23, 2020 By Jessica Szuminski. Full Text. To help us more easily understand the world, society relies on binary concepts to create a sense of order: left or right, up or down, this or that. But when relying on binary concepts, the other available options often are neglected: not left or right, but forward; not up or…1
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Volume 105 - Issue 1ARTICLES
FUN WITH REVERSE EJUSDEM GENERISJay Wexler
By Jay Wexler. Full Text. In the canon of statutory construction canons, perhaps no canon is more canonical than the canon known as ejusdem generis. This canon, which translates as “of the same kind,” states that when a statute includes a list of terms and a catch-all phrase, the set of items covered by the RESTORING ALJ INDEPENDENCE Richard E. Levy & Robert L. Glicksman By Richard E. Levy and Robert L. Glicksman. Full Text. Institutional structures that protect the impartiality of federal agency adjudicators and insulate them from undue political pressure are essential to the constitutional legitimacy of agency adjudication. Those structures are crumbling, leaving the administrative law judges (ALJs) who conduct formal adjudications for the federal governmentincreasingly
NO PRIVILEGE TO POLLUTE: EXPANDING THE CRIME-FRAUD EXCEPTION TO THE ATTORNEY-CLIENT PRIVILEGETom Lininger
By Tom Lininger. Full Text. This Article argues that a venerable rule of evidence—the attorney-client privilege—is due for reform. In particular, I propose the expansion of the crime-fraud exception to the attorney-client privilege. The exception presently only applies to crimes and civil frauds. I argue that the exception should extend to certain violations of civil PARENTAL AUTONOMY OVER PRENATAL END-OF-LIFE DECISIONSGreer Donley
By Greer Donley. Full Text. When parents learn that their potential child has a life-limiting, often devastating, prenatal diagnosis, they are faced with the first (and perhaps, only) healthcare decisions they will make for their child. Many choose to terminate the pregnancy because they believe it is in their potential child’s best interestto avoid
CORE CRIMINAL PROCEDURESteven Arrigg Koh
By Steven Arrigg Koh. Full Text. Constitutional criminal procedural rights are familiar to contemporary criminal law scholars and practitioners alike. But today, U.S. criminal justice may diverge substantially from its centuries-old framework when all three branches recognize only a core set of inviolable rights, implicitly or explicitly discarding others. This criminal procedural line drawingtakes
TRANSACTIONAL SCRIPTS IN CONTRACT STACKS Shaanan Cohney & David A. Hoffman By Shaanan Cohney and David A. Hoffman. Full Text. In conventional transactions, written contracts usually memorialize the terms of the commercial exchange. For deals in which some of the goods being transferred and the forum for the trade are digitized—as in the case of cryptocurrencies—parties may use computer code rather than awritten contract to
NOTES
THE ADVENT OF EFFORTLESS EXPRESSION: AN EXAMINATION OF THE COPYRIGHTABILITY OF BCI-ENCODED BRAIN SIGNALSJonathan Baker
By Jonathan Baker. Full Text. This Note anticipates the development and deployment of brain-computer interfaces (BCIs) and attempts to reconcile this technology’s implications with modern U.S. copyright doctrine. Although researchers and practitioners have primarily used BCIs to restore motor function to and improve the quality of life for people severely disabled by neuromuscular impairments, the MINNESOTA’S DIGITAL DIVIDE: HOW MINNESOTA CAN REPLICATE THE RURAL ELECTRIFICATION ACT TO DELIVER RURAL BROADBANDAbby Oakland
By Abby Oakland. Full Text. For disadvantaged communities, education can be the silver bullet. It can equip and empower students to rise above their economic station. It can level the playing field. It can provide opportunity absent in their current circumstances. It can open doors that would otherwise remain closed. Recognizing this power, Minnesota’s Constitution BEHIND THE BINARY BARS: A CRITIQUE OF PRISON PLACEMENT POLICIES FOR TRANSGENDER, NON-BINARY, AND GENDER NON-CONFORMING PRISONERSJessica Szuminski
By Jessica Szuminski. Full Text. To help us more easily understand the world, society relies on binary concepts to create a sense of order: left or right, up or down, this or that. But when relying on binary concepts, the other available options often are neglected: not left or right, but forward; not up orHEADNOTES
VOLUME 105: FALL ISSUE BOSTOCK, LGBT DISCRIMINATION, AND THE SUBTRACTIVE MOVESAndrew Koppelman
By Andrew Koppelman. Full Text. Abstract: In Bostock v. Clayton County, the Supreme Court held that Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment, covers discrimination on the basis of sexual orientation and gender identity. The dissenting Justices, following the reasoning of several Court of Appeals judges, embraced NONESSENTIAL BUSINESSES AND LIABILITY WAIVERS IN THE TIME OF COVID-19Zahra Takhshid
By Zahra Takhshid. Full Text. Abstract: States are gradually reopening after months of lockdown. However, the risk of exposure to the deadly COVID-19 virus still remains. While states would like to have the economy up and running, the price that small businesses may be forced to pay following possible coronavirus personal injury lawsuits maydrive
CASE-LINKED JURISDICTION AND BUSYBODY STATES Howard M. Erichson, John C.P. Goldberg, & Benjamin C. Zipursky By Howard M. Erichson, John C.P. Goldberg, and Benjamin C. Zipursky. Full Text. Abstract: Beginning with Justice Ginsburg’s 2011 opinion in the Goodyear case—and echoed in Justice Thomas’s 2014 opinion in Walden v. Fiore and Justice Alito’s 2017 opinion in Bristol-Myers Squibb v. Superior Court—the Supreme Court has suggested that the distinctiveness of specific personal RECONSTRUCTION IN LEGAL THEORYGeorge Rutherglen
By George Rutherglen. Full Text. This essay examines the well-known difficulties encountered by legal theorists in offering a justification for Brown v. Board of Education in the immediate aftermath of the decision. It locates these difficulties in the inadequacy of legal theory at the time, which had taken a turn away from normative principles towards LEGAL WRITING’S HARMFUL PSYCHEKevin Bennardo
By Kevin Bennardo. Full Text. This essay argues that many in the legal writing discipline view themselves in a way that is harmful to the discipline's success. First, the essay establishes that many legal writing professors view themselves as victims of oppression within the legal academy. Second, it relies on social psychology research todemonstrate
NAVIGATING COLLEGE ATHLETE ENDORSEMENTS AROUND SCHOOL SPONSORSHIPSCampbell Sode
By Campbell Sode. Full Text. Colleges generally resist formal employment relationships with their athletes. But pending NCAA rules that will allow college athletes to solicit third-party endorsements are a game-changer. College athletic departments have lucrative partnerships with companies like Nike. These school sponsors derive significant intrinsic value from the fact that millions of fans will FIRST ANNUAL COMPENDIUM: ELECTION LAW IN THE RAMP-UP TO 2020 THE HEADNOTES COMPENDIUM: ELECTION LAW IN THE RAMP-UP TO 2020 Minnesota Law Review Headnotes is proud to publish its first annual Compendium. Each Headnotes Compendium will focus on a different area of law and feature essays highlighting the latest legal developments in the field. The inaugural Compendium focuses on recent changes in election law and voting rights, as the country prepares itself for the2020
DE NOVO BLOG
AN UNEQUAL RIGHT TO VOTE: WHY COURTS SHOULD HOLD THAT DISPROPORTIONATE ALLOCATIONS OF BALLOT DROP BOXES AND POLLING PLACES VIOLATE THE EQUAL PROTECTION CLAUSEDecember 7, 2020
By: Elliot Ergeson, Volume 105 Staff Member Voter suppression is a prominent issue in American elections. One mechanism by which States engage in voter suppression is by closing or limiting the number of polling places in certain areas. During the COVID-19 pandemic, however, many voters chose to vote by mail rather than inperson for…
IS THE GREEN NEW DEAL DEAD ON ARRIVAL? THE CASE FOR “JUSTICE-PROOFING” PROGRESSIVE CLIMATE LEGISLATION IN THE NEWACB-ERA
December 1, 2020
By: Alexandria Dolezal, Volume 105 Staff Member On September 18, 2020, Justice Ruth Bader Ginsburg died at age 87, after a long battle with pancreatic cancer. Days before her death she communicated to her granddaughter that her “most fervent wish that not be replaced until a new president is installed.” That wish did… GUILTY UNTIL EXPUNGED: HOW MINNESOTA’S PUBLIC RECORDS POLICIES NEEDLESSLY BURDEN RENTERSNovember 23, 2020
By: Ashley Meeder, Vol. 105 Staff Member If you have $285 for a filing fee and 20 minutes to fill out a form in Minnesota, you can ruin someone’s life. Filing an eviction complaint starts a legal battle, but renters are wounded before they even enter a court room. In Minnesota, evictions are publicly accessible… THE LAW DOESN’T CARE ABOUT YOUR FEELINGS: BEN SHAPIRO’S UNSUCCESSFUL FIRST AMENDMENT SUIT AGAINST THE UNIVERSITY OF MINNESOTA AND THE CASE FOR PUBLIC SAFETY-BASED SPEECH RESTRICTIONSNovember 16, 2020
By: Alenah Luthens, Volume 105 Staff Member “Facts don’t care about your feelings” is conservative pundit Ben Shaprio’s trademark phrase. And he’s right. Indeed, the phrase proved particularly true in Young America’s Found. v. Kaler where Shapiro’s free speech lawsuit against the University of Minnesota (University) ultimately fell flat. The case began in 2018 when… CONTRACTS AND COVID-19: DEFENDING NONPERFORMANCE WITH FRUSTRATEDPURPOSE AS A SHIELD
November 10, 2020
By: Brice Michka, Volume 105 Staff Member As the United States trudged through the most grueling months of the COVID-19 pandemic, countless contracts were affected. Many sporting organizations, including the National Basketball Association, Kentucky Derby, NASCAR, Indianapolis 500, Major League Soccer, National Hockey League, and others, changed their seasons drastically through postponement or cancellation. Many…* 1
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