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- Minnesota Law Review, Vols. 1-106:1 (1917-2021) (3289)
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Articles 211 - 240 of 7364
Full-Text Articles in Law
Environmental Justice As Housing Justice: Hud, Land Use, And The Case For The Fair Housing Act’S Application To Discriminatory Siting Claims, John Leiner
Minnesota Journal of Law & Inequality
No abstract provided.
20 Years Later: Qualified Immunity As A Model For Improving Manifestation Determination Reviews Under The Individuals With Disabilities Education Act, Matthew Schmitz
20 Years Later: Qualified Immunity As A Model For Improving Manifestation Determination Reviews Under The Individuals With Disabilities Education Act, Matthew Schmitz
Minnesota Journal of Law & Inequality
No abstract provided.
The Metamorphoses Of Racial Discrimination In American Real Estate, Stevie J. Swanson
The Metamorphoses Of Racial Discrimination In American Real Estate, Stevie J. Swanson
Minnesota Journal of Law & Inequality
No abstract provided.
State-By-State Morality Superseding Federal Immigration Law: An Analysis Of The “Crimes Involving Moral Turpitude” Distinction Through The Lens Of Post-Dobbs Anti-Abortion Law, Coryn Johnson
Minnesota Journal of Law & Inequality
No abstract provided.
The Batson Challenge: Evidence, Court Opacity, And Discrimination Before The Supreme Court, Kaitlyn Filip
The Batson Challenge: Evidence, Court Opacity, And Discrimination Before The Supreme Court, Kaitlyn Filip
Minnesota Journal of Law & Inequality
No abstract provided.
Trouble’S Bruen: The Lower Courts Respond, Brannon P. Denning, Glenn H. Reynolds
Trouble’S Bruen: The Lower Courts Respond, Brannon P. Denning, Glenn H. Reynolds
Minnesota Law Review Vols. 106:2 onward (2021-present)
New York State Rifle & Pistol Ass'n v. Bruen revolutionized the understanding of how Second Amendment cases are to be adjudicated. Rejecting the tiered-scrutiny analysis around which the lower courts had coalesced since the 2008 Heller decision, the Court instructed courts to look to history and tradition after it was determined that state or federal regulations limited activities that fell within the protections afforded by the Second Amendment's text. Justice Thomas's opinion, however, left open significant questions about how the history-and-tradition method is to operate in practice. The Court recently held oral arguments in United States v. Rahimi, in which …
Firearms Carceralism, Jacob D. Charles
Firearms Carceralism, Jacob D. Charles
Minnesota Law Review Vols. 106:2 onward (2021-present)
Gun violence is a pressing national concern. And it has been for decades. Throughout nearly all that time, the primary tool lawmakers have deployed to stanch the violence has been the machinery of the criminal law. Increased policing, intrusive surveillance, vigorous prosecution, and punitive penalties are showered on gun offenders. This Article spotlights and specifies this approach--what it calls “firearms carceralism”--and details how a decades-long bipartisan consensus generated a set of state-centered solutions to gun violence that has not meaningfully impacted the problem. Instead, those policies have exacerbated racial inequity and compounded civic and community harms. The Article traces the …
Scientific Context, Suicide Prevention, And The Second Amendment After Bruen, Eric Ruben
Scientific Context, Suicide Prevention, And The Second Amendment After Bruen, Eric Ruben
Minnesota Law Review Vols. 106:2 onward (2021-present)
The Supreme Court declared in New York State Rifle & Pistol Ass'n v. Bruen that modern gun laws must be “consistent with this Nation's historical tradition of firearm regulation” to survive Second Amendment challenges. Scholarship has shown how this test of historical analogy presents difficulties because of how technological, legal, and social change has shaped policy over the centuries. This Article is the first to assess Bruen as it applies to suicide-prevention laws, and, in doing so, illuminates another form of change that complicates Bruen's implementation: scientific progress. As this Article shows, early generations of Americans fundamentally misunderstood mental illness …
A Right To Republish: Redesigning Copyright Law For Research Works, Faith O. Majekolagbe
A Right To Republish: Redesigning Copyright Law For Research Works, Faith O. Majekolagbe
Minnesota Journal of Law, Science & Technology
No abstract provided.
Artificial Intelligence: Legal Reasoning, Legal Research And Legal Writing, S. Sean Tu, Amy Cyphert, Samuel J. Perl
Artificial Intelligence: Legal Reasoning, Legal Research And Legal Writing, S. Sean Tu, Amy Cyphert, Samuel J. Perl
Minnesota Journal of Law, Science & Technology
No abstract provided.
Clearing The Darkened Air: Regulating Dark Patterns As Air Pollution, Michael Rosenbloom
Clearing The Darkened Air: Regulating Dark Patterns As Air Pollution, Michael Rosenbloom
Minnesota Journal of Law, Science & Technology
No abstract provided.
Generative Artificial Intelligence And The Practice Of Law: Impact, Opportunities, And Risks, John Villasenor
Generative Artificial Intelligence And The Practice Of Law: Impact, Opportunities, And Risks, John Villasenor
Minnesota Journal of Law, Science & Technology
No abstract provided.
Empirically Assessing Medical Device Innovation, George Horvath
Empirically Assessing Medical Device Innovation, George Horvath
Minnesota Journal of Law, Science & Technology
No abstract provided.
Breaking Barriers: Cross-State Licensing Reform For Licensed Professional Counselors, Madeleine Rossi
Breaking Barriers: Cross-State Licensing Reform For Licensed Professional Counselors, Madeleine Rossi
Minnesota Journal of Law, Science & Technology
No abstract provided.
Breaking Ground: Understanding Indigenous Mining Disputes Through Negotiation Theory, Shaadie Ali
Breaking Ground: Understanding Indigenous Mining Disputes Through Negotiation Theory, Shaadie Ali
Minnesota Journal of Law, Science & Technology
No abstract provided.
Generative Ai, Plagiarism, And Copyright Infringement In Legal Documents, Amy B. Cyphert
Generative Ai, Plagiarism, And Copyright Infringement In Legal Documents, Amy B. Cyphert
Minnesota Journal of Law, Science & Technology
No abstract provided.
Practice Guide: How To Integrate Ai And Emerging Technology Into Your Practice And Comply With Model Rule 3.1, Kevin Frazier
Practice Guide: How To Integrate Ai And Emerging Technology Into Your Practice And Comply With Model Rule 3.1, Kevin Frazier
Minnesota Journal of Law, Science & Technology
No abstract provided.
Corpus Enigmas And Contradictory Linguistics: Tensions Between Empirical Semantic Meaning And Judicial Interpretation, Peter Henderson, Daniel E. Ho, Andrea Vallebueno, Cassandra Handan-Nader
Corpus Enigmas And Contradictory Linguistics: Tensions Between Empirical Semantic Meaning And Judicial Interpretation, Peter Henderson, Daniel E. Ho, Andrea Vallebueno, Cassandra Handan-Nader
Minnesota Journal of Law, Science & Technology
No abstract provided.
Arbitrary And Capricious X Artificial Intelligence, Zoe E. Niesel
Arbitrary And Capricious X Artificial Intelligence, Zoe E. Niesel
Minnesota Journal of Law, Science & Technology
No abstract provided.
Answering The Call: How Reconfiguration Of The Nation’S Mental Health Crisis Call Line Can Facilitate Reimagination Of Community Well-Being And Public Safety, Lucy Chin
Minnesota Law Review Vols. 106:2 onward (2021-present)
When the 988 Suicide and Crisis Lifeline went live in Summer 2022, communities across the country began to confront the question of how this new, expanded behavioral health resource would integrate into the country's preexisting, emergency response systems. The program seemed to promise the solution to an increasingly visible problem--as communities demanded changes in how we respond to emergent situations, the national government announced a solution that promised to significantly expand our mental health emergency response system. This sort of shift presents a once-in-a-generation opportunity to implement innovative policy measures that provide meaningful mental health resources to a wide array …
“Criminalizing” Depositions In Arbitration, Mitch Zamoff
“Criminalizing” Depositions In Arbitration, Mitch Zamoff
Minnesota Law Review Vols. 106:2 onward (2021-present)
Civil litigation--style deposition practice is preventing commercial arbitration from reaching its full potential as an economical, efficient alternative to a civil lawsuit. Although there is consensus among alternative dispute resolution experts that meaningful limits must be imposed on arbitration discovery to unlock the efficiency benefits of arbitration, depositions continue to feature prominently in commercial arbitrations for at least three reasons. First, civil litigators are addicted to depositions. They reflexively propose overdone deposition practice in arbitrations that replicates their litigation experience. Second, arbitrators may hesitate to disallow deposition discovery out of fear that their awards will be vacated for failure to …
Reproductive Objectification, Meghan M. Boone, Benjamin J. Mcmichael
Reproductive Objectification, Meghan M. Boone, Benjamin J. Mcmichael
Minnesota Law Review Vols. 106:2 onward (2021-present)
The American system of rights is individualized--premised on the concept of singular, physically separate, and autonomous people. The rise of the fetal personhood movement complicates this basic understanding. If rights attach to singular, autonomous people, and fetuses are legally people, then the body of a pregnant person becomes conceptually unintelligible as it contains potentially two, interrelated people. Such a circumstance is fundamentally a contradiction within a framework that insists that rights attach to people who are, by definition, singular, separate, and autonomous. This Article argues that, as a result of this apparent contradiction, fetal personhood laws make the humanity of …
Profit, Mission, And Protest At Work, Marion Crain
Profit, Mission, And Protest At Work, Marion Crain
Minnesota Law Review Vols. 106:2 onward (2021-present)
The classic understanding of capitalism maintains that the social responsibility of business is to increase its profits. But in the last decade, many firms have announced commitments to various social justice issues, folding them into corporate mission statements, codes of corporate social responsibility, and branding. Firms engaging in so-called “woke capitalism” signal their virtuous support for progressive social causes favored by both their consumer base and their idealistic young workers. This has become particularly important in a tight labor market: by targeting workers' values, savvy firms increase recruiting yields, enhance productivity, and reduce training costs as retention rates rise, while …
Sound Marks, Deborah R. Gerhardt, Jon J. Lee
Sound Marks, Deborah R. Gerhardt, Jon J. Lee
Minnesota Law Review Vols. 106:2 onward (2021-present)
A lion roars just before a film rolls. A doughboy giggles. A giant green man laughs a hearty, “Ho, Ho, Ho.” These iconic sounds are all federally registered as trademarks. They identify specific brands and distinguish their products and services from the competition. Human brains treat sounds like these as categorization tools and cognitive shortcuts--ideal trademark symbols. But what about the sounds your favorite toys or electronic devices make? Or those made by a fictional character in the latest blockbuster? This Article tackles these issues and others. We push back against the widely-held belief that all unconventional trademarks--product designs, colors, …
States’ Obligation To Provide For Trans Youth: How Medicaid Requires (Most) States To Provide Access To Puberty Blockers, Grace Worcester
States’ Obligation To Provide For Trans Youth: How Medicaid Requires (Most) States To Provide Access To Puberty Blockers, Grace Worcester
Minnesota Law Review Vols. 106:2 onward (2021-present)
Over the last few years, many states have endeavored to strip minor access to gender-affirming healthcare, and these efforts have seen considerable success. By the end of 2023, twenty-two states had enacted legislation that limits youth access to genderaffirming healthcare. In line with these efforts, many states have created policies that exclude Medicaid coverage for gender-affirming puberty blockers--medications that delay the physical changes to one's body that occur with sexual maturity. These efforts contravene guidance from the medical community, which pronounces the importance of access to gender-affirming puberty blockers for transgender and gender-diverse youth, and often considers them medically necessary …
Police-Made Law, Brenner M. Fissell
Police-Made Law, Brenner M. Fissell
Minnesota Law Review Vols. 106:2 onward (2021-present)
This Article presents evidence that police are writing laws that they enforce. This newly discovered phenomenon compounds the existing understanding of police “making” law through the exercise of discretion. They make law in a far more direct way, functioning as quasi-legislators at the local level-- identifying a social problem, drafting an offense to address it, and directly proposing their offense for enactment. The conduct targeted, and the reasons for doing so, are diverse. For example, in one city a police chief successfully criminalized public intoxication so that intoxicated people would go to jails instead of hospitals; in another, a chief …
The Mississippi River Basin Compact: A New Governance Structure To Save The Mississippi River, John Stack
The Mississippi River Basin Compact: A New Governance Structure To Save The Mississippi River, John Stack
Minnesota Law Review Vols. 106:2 onward (2021-present)
The Mississippi River is one of the most significant and yet one of the most imperiled water bodies in the United States. It faces a myriad of problems, from rampant pollution, widespread flooding, wildlife habitat loss, and considerable droughts. Indeed, this is a critical time for the Mississippi River. Fall of 2023 saw River levels drop to extreme lows, with commercial barges grounded and cities deploying emergency measures to protect their municipal water intakes from saltwater intrusion. Meanwhile, polluted Mississippi River water created a dead zone in the Gulf of Mexico spanning hundreds of square miles, just as it has …
Animal Plaintiffs, Matthew Liebman
Animal Plaintiffs, Matthew Liebman
Minnesota Law Review Vols. 106:2 onward (2021-present)
From endangered Hawaiian songbirds to dolphins deafened by Navy sonar to a neglected horse named Justice, nonhuman animals increasingly appear as plaintiffs in lawsuits alleging their subjection to extinction, abuse, and other injustices. These cases are far more than mere novelties or publicity stunts; they raise important jurisprudential questions about what it means to be a plaintiff seeking relief. As we learn more about the richness and diversity of nonhuman life, our legal system will have to rethink its exclusions to meet the demands of interspecies justice. Drawing on a diverse body of philosophical, jurisprudential, and scientific scholarship, this Article …
Article Iii And Indian Tribes, Grant Christensen
Article Iii And Indian Tribes, Grant Christensen
Minnesota Law Review Vols. 106:2 onward (2021-present)
Among the most basic principles of our federal courts is that they are courts of limited jurisdiction, exercising only those powers delegated to them in Article III. In 1985 the Supreme Court inexplicably created an exception to this constitutional tenet and unilaterally declared a plenary judicial power to review the exercise of an Indian tribe's inherent sovereign authority. This exception is unmoored from all other Supreme Court precedent outside Indian law and unjustifiably assumes the judicial power in direct contrast to the Court's ordinarily thoughtful jurisprudence on Article III and deference to the separation of powers. This Article concludes that …
Contract Customization, Sex, And Islamic Law, Rabea Benhalim
Contract Customization, Sex, And Islamic Law, Rabea Benhalim
Minnesota Law Review Vols. 106:2 onward (2021-present)
Common law has historically deemed marriage and sex outside the right to contract. Yet, couples increasingly use contracts to provide legal rights to the unmarried in a variety of contexts ranging from same-sex relationships to surrogacy. Islamic law, on the other hand, has always conceived of marriage and sexual relationships as exclusively under the realm of contract law governed by private actors. This Article brings Islamic law into the larger conversation on the use of contracts for sexual and relationship agreements. It further proposes that Islamic law has something to offer Muslims and non-Muslims alike by empowering individuals to use …