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Full-Text Articles in Law
Status Update: Adapting The Stored Communications Act To A Modern World, Jake Vandelist
Status Update: Adapting The Stored Communications Act To A Modern World, Jake Vandelist
Minnesota Law Review
No abstract provided.
The Pattern Of Union Decline, Economic And Political Consequences, And The Puzzle Of A Legislative Response, Craig Becker
The Pattern Of Union Decline, Economic And Political Consequences, And The Puzzle Of A Legislative Response, Craig Becker
Minnesota Law Review
No abstract provided.
Spillover Across Remedies, Michael Coenen
Changing Course To Navigate The Patent Safe Harbor Post-Momenta, Emily M. Wessels
Changing Course To Navigate The Patent Safe Harbor Post-Momenta, Emily M. Wessels
Minnesota Law Review
No abstract provided.
Guns, Firms, And Zeal: Deconstructing Labor-Management Relations And U.S. Employment Policy, Philip A. Miscimarra
Guns, Firms, And Zeal: Deconstructing Labor-Management Relations And U.S. Employment Policy, Philip A. Miscimarra
Minnesota Law Review
No abstract provided.
Boeing, The Iam, And The Nlrb: Why U.S. Labor Law Is Failing, Julius G. Getman
Boeing, The Iam, And The Nlrb: Why U.S. Labor Law Is Failing, Julius G. Getman
Minnesota Law Review
No abstract provided.
Whither Wagner? Reconsidering Labor Law And Policy Reform, Sara Slinn
Whither Wagner? Reconsidering Labor Law And Policy Reform, Sara Slinn
Minnesota Law Review
No abstract provided.
Labor's Soft Means And Hard Challenges: Fundamental Discrepancies And The Promise Of Non-Binding Arbitration For International Framework Agreements, César F. Rosado Marzán
Labor's Soft Means And Hard Challenges: Fundamental Discrepancies And The Promise Of Non-Binding Arbitration For International Framework Agreements, César F. Rosado Marzán
Minnesota Law Review
No abstract provided.
Trilogy Redux: Using Arbitration To Rebuild The Labor Movement, Ann C. Hodges
Trilogy Redux: Using Arbitration To Rebuild The Labor Movement, Ann C. Hodges
Minnesota Law Review
No abstract provided.
Compliance Of The United States With International Labor Law, David Weissbrodt, Matthew Mason
Compliance Of The United States With International Labor Law, David Weissbrodt, Matthew Mason
Minnesota Law Review
No abstract provided.
State Sexual Harassment Definitions And Disaggregation Of Sex Discrimination Claims, Eleanor Frisch
State Sexual Harassment Definitions And Disaggregation Of Sex Discrimination Claims, Eleanor Frisch
Minnesota Law Review
No abstract provided.
Less Is More: A Case For Structural Reform Of The National Labor Relations Board, Zev J. Eigen, Sandro Garofalo
Less Is More: A Case For Structural Reform Of The National Labor Relations Board, Zev J. Eigen, Sandro Garofalo
Minnesota Law Review
No abstract provided.
Death And Taxes: The Crushing Tax Burden After A Student Loan Is Discharged Due To Death Of A Student, Terran Chambers
Death And Taxes: The Crushing Tax Burden After A Student Loan Is Discharged Due To Death Of A Student, Terran Chambers
Minnesota Law Review
No abstract provided.
National Security And The Constitution: A Conversation Between Walter F. Mondale And Robert A. Stein, Walter F. Mondale, Robert A. Stein, Monica C. Fahnhorst
National Security And The Constitution: A Conversation Between Walter F. Mondale And Robert A. Stein, Walter F. Mondale, Robert A. Stein, Monica C. Fahnhorst
Minnesota Law Review
No abstract provided.
Oh The Places Stockholders Will Go! A Guide For Navigating Forum Selection Bylaws Outside Of Delaware, Stephanna F. Szotkowski
Oh The Places Stockholders Will Go! A Guide For Navigating Forum Selection Bylaws Outside Of Delaware, Stephanna F. Szotkowski
Minnesota Law Review
No abstract provided.
Entrapped: A Reconceptualization Of The Obedience To Orders Defense, Monu Bedi
Entrapped: A Reconceptualization Of The Obedience To Orders Defense, Monu Bedi
Minnesota Law Review
No abstract provided.
How Many Wrongs Make A Copyright?, Rebecca Tushnet
How Many Wrongs Make A Copyright?, Rebecca Tushnet
Minnesota Law Review
No abstract provided.
Exposed, Derek E. Bambauer
Hipaa-Cratic Or Hipaa-Critical: U.S. Privacy Protections Should Be Guaranteed By Covered Entities Working Abroad, Grace Fleming
Hipaa-Cratic Or Hipaa-Critical: U.S. Privacy Protections Should Be Guaranteed By Covered Entities Working Abroad, Grace Fleming
Minnesota Law Review
No abstract provided.
The Incidental Regulation Of Policing, Seth W. Stoughton
The Incidental Regulation Of Policing, Seth W. Stoughton
Minnesota Law Review
No abstract provided.
Confronting Victims: Why The Statements Of Young Victims Of Heinous Crimes Must Still Be Subject To Cross-Examination, Joseph Meyer
Confronting Victims: Why The Statements Of Young Victims Of Heinous Crimes Must Still Be Subject To Cross-Examination, Joseph Meyer
Minnesota Law Review
No abstract provided.
Maneuvering The Headwinds Facing Offshore Wind Development In The Great Lakes: Amending The Coastal Zone Management Act, Sarah Schenck
Maneuvering The Headwinds Facing Offshore Wind Development In The Great Lakes: Amending The Coastal Zone Management Act, Sarah Schenck
Minnesota Law Review
No abstract provided.
Legislating Corporate Social Responsibility: Expanding Social Disclosure Through The Resource Extraction Disclosure Rule, Thea Reilkoff
Legislating Corporate Social Responsibility: Expanding Social Disclosure Through The Resource Extraction Disclosure Rule, Thea Reilkoff
Minnesota Law Review
No abstract provided.
An Exploration Of "Non-Economic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar
An Exploration Of "Non-Economic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar
Articles
Using three primary data sources plus three supplemental sources discussed in an appendix, this paper examines how well non-economic damages could be predicted by economic damages and at how the ratio of non-economic damages to economic damages changed as the magnitude of the economic damages awarded by juries increased. We found a mixture of consistent and inconsistent patterns across our various datasets. One fairly consistent pattern was the tendency for the ratio of non-economic to economic damages to decline as the amount of economic damages increased. Moreover, the variability of the ratio also tended to decline as the amount of …
Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman
Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman
Articles
The false dichotomy between achieving diversity and rewarding merit frequently surfaces in discussions about decisions on university and law school admissions, scholarships, law licenses, jobs, and promotions. “Merit” judgments are often based on the results of standardized tests meant to predict who has the best chance to succeed if given the opportunity to do so. This Article criticizes over-reliance on standardized tests and responds to suggestions that challenging the use of such tests reflects a race-comes-first approach that chooses diversity over merit. Discussing the firefighter exam that led to the Supreme Court decision in Ricci v. DiStefano, as well as …
Administering The Tax System We Have, Kristin Hickman
Administering The Tax System We Have, Kristin Hickman
Articles
Traditional perceptions of tax exceptionalism from administrative law doctrines and requirements have been predicated at least in part on the importance of the tax code’s revenue raising function. Yet, Congress increasingly relies on the IRS to administer government programs that have little to do with raising revenue and much more to do with distributing government benefits to the economically disadvantaged, subsidizing approved activities, and regulating outright certain economic sectors like nonprofits, pensions, and now health care. As the attentions of the Treasury Department and Internal Revenue Service shift away from raising revenue and toward these other matters, the revenue-based justification …
The Three Phases Of Mead, Kristin Hickman
The Three Phases Of Mead, Kristin Hickman
Articles
No symposium entitled ―Chevron at 30‖ would be complete without some consideration of the U.S. Supreme Court‘s subsequent decision in United States v. Mead Corp.3 As Thomas Merrill and I documented years ago, in the years leading up to Mead, courts were in substantial disarray over which agencies and actions were eligible for Chevron‘s requirement of strong, mandatory deference.4 Some disagreements concerned the nature and scope of agency authority. For example, the federal circuit courts were divided over whether an agency that lacked the power to adopt legislative rules could claim Chevron deference for its statutory interpretations.5 Other questions focused …
Committing To Doing Good And Doing Well: Fiduciary Duty In Benefit Corporations, Brett Mcdonnell
Committing To Doing Good And Doing Well: Fiduciary Duty In Benefit Corporations, Brett Mcdonnell
Articles
Can someone running a business do good while doing well? Can they benefit society and the environment while still making money? Supporters of social enterprises believe the answer is yes, as these companies aim at both making money for shareholders while also pursuing other social benefits. Since 2010, states have begun to enact statutes creating the “benefit corporation” as a new legal form designed to fit social enterprises. Benefit corporations proclaim to the world that they will pursue both social good and profits, and those who run them have a fiduciary duty to consider a broad range of social interests …
Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky
Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky
Articles
This dilemma of environment-energy decisions that have major positives and negatives from either a health or ecosystem perspective poses an important ethical challenge that this Essay explores. Namely, in many cases, one can value humans, species, and ecosystems, and still not be able to resolve the best way forward. The Essay focuses in particular on a core problem at the environment-energy interface: people demand cheap and reliable energy, which pushes us towards new technology or the massive expansion of existing technology, both of which carry risks and possibilities for a cleaner future. The Essay considers this dilemma in the U.S. …
The Geography Of Solving Global Environmental Problems: Reflections On Polycentric Efforts To Address Climate Change, Hari M. Osofsky
The Geography Of Solving Global Environmental Problems: Reflections On Polycentric Efforts To Address Climate Change, Hari M. Osofsky
Articles
This essay considers how we might fit local efforts to address climate change, especially those by very small, suburban cities, within models for solving "global problems." While acknowledging the need for more action on climate change at international, national, and state levels, and regional ones in between, this essay explores how different types of cities, as they participate in multilevel networks, can provide models for action and complement efforts to address climate change through the treaty regime. Using a diverse group of suburbs in the Twin Cities metropolitan region making innovative climate change and sustainability efforts as a case example, …