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- Minnesota Law Review, Vols. 1-106:1 (1917-2021) (3289)
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Articles 361 - 390 of 7364
Full-Text Articles in Law
Trans Bodies, Trans Speech, Parker Rose Wingate
Trans Bodies, Trans Speech, Parker Rose Wingate
Minnesota Journal of Law & Inequality
No abstract provided.
The Invisible Danger In Plain Site: Ending The Practice Of Building Housing In Exposure Zones, Adam J. Mikell
The Invisible Danger In Plain Site: Ending The Practice Of Building Housing In Exposure Zones, Adam J. Mikell
Minnesota Journal of Law & Inequality
No abstract provided.
No Rain Coming In The Drought On Farmworker Labor Protections: Cedar Point Nursery V. Hassid’S Destruction Of Traditional Takings Law And Labor Protections For U.S. Farmworkers, Mercedes Guadalupe Molina
No Rain Coming In The Drought On Farmworker Labor Protections: Cedar Point Nursery V. Hassid’S Destruction Of Traditional Takings Law And Labor Protections For U.S. Farmworkers, Mercedes Guadalupe Molina
Minnesota Journal of Law & Inequality
No abstract provided.
Closing The Reproductive Divide: Expanding Access To Fertility Services Beyond The White Nuclear Family, Julia Cummings
Closing The Reproductive Divide: Expanding Access To Fertility Services Beyond The White Nuclear Family, Julia Cummings
Minnesota Journal of Law & Inequality
No abstract provided.
Litigating Innocence: Why Systemic Reforms Are Needed To Exonerate Innocent, Pro Se Individuals, Bailey Martin
Litigating Innocence: Why Systemic Reforms Are Needed To Exonerate Innocent, Pro Se Individuals, Bailey Martin
Minnesota Journal of Law & Inequality
No abstract provided.
Leaving Langdell Behind: Reimagining Legal Education For A New Era, Joshua Gutzmann
Leaving Langdell Behind: Reimagining Legal Education For A New Era, Joshua Gutzmann
Minnesota Law Review Vols. 106:2 onward (2021-present)
For most of us (the Editors of Volume 107 of the Minnesota Law Review), the summer before starting law school was characterized by a global pandemic and a racial reckoning. Like many Americans, we experienced a toxic mix of feelings of isolation, hopelessness, and even anger; and we yearned for the requisite skills and credentials to fight the injustices and inequities all around us. Our 1L year was a roller coaster ride: we experienced the ordinary challenges of the 1L curriculum through our Zoom screens while simultaneously watching a meme-fueled retail investor uprising, an attempted overthrow of a presidential election …
The Public Stakes Of Consumer Law: The Environment, The Economy, Health, Disinformation, And Beyond, Rory Van Loo
The Public Stakes Of Consumer Law: The Environment, The Economy, Health, Disinformation, And Beyond, Rory Van Loo
Minnesota Law Review Vols. 106:2 onward (2021-present)
Consumer law has a conflicted and narrow identity. It is most immediately a form of business law, governing market transactions between people and companies. Accordingly, the microeconomic analysis of markets is the dominant influence on consumer law. But consumer law is often described as, and assumed to be about, protecting the consumer, which implicates small instances of individual injustice. Both of these lenses are valuable but reflect limited awareness of the field’s importance among lawmakers, scholars, and the public. We are all consumers. Exchanges between consumers and corporations contribute to global warming when people buy energy-inefficient household appliances; drive public …
Automated Agencies, Joshua D. Blank, Leigh Osofsky
Automated Agencies, Joshua D. Blank, Leigh Osofsky
Minnesota Law Review Vols. 106:2 onward (2021-present)
When individuals have questions about federal benefits, services, and legal rules, they increasingly seek help from government chatbots, virtual assistants, and other automated tools. Most scholars who have studied artificial intelligence and federal government agencies have not focused on the government’s use of technology to offer guidance to the public. The absence of scholarly attention to automation as a means of communicating government guidance is an important gap in the literature. Through the use of automated legal guidance, the federal government is responding to millions of public inquiries each year about the law, a number that may multiply many times …
Freedom To Pray, Not To Protest, Leah Reiss
Freedom To Pray, Not To Protest, Leah Reiss
Minnesota Law Review Vols. 106:2 onward (2021-present)
The Supreme Court has never definitively ruled on the constitutionality of curfews that target political activity. Historically, curfews have been very difficult to challenge. They suffer from mootness issues because they tend to be temporary in nature, so associated harms are also temporary. Likely as a result, challenges to curfews more commonly take the form of a complaint regarding misconduct by a law enforcement officer during the curfew, rather than a facial challenge to the curfew itself. Further, courts are typically deferential to state claims of police power, which provides the authority for state and local governments to take action …
Tea And Donuts, Derek E. Bambauer, Robert W. Woods
Tea And Donuts, Derek E. Bambauer, Robert W. Woods
Minnesota Law Review Vols. 106:2 onward (2021-present)
U.S. trademark law often permits simultaneous use of the same brand by multiple entities. Its approach to deciding when and how this concurrent use is permissible has become antiquated, rooted in outdated assumptions about trade and telecommunications. By using the physical location of mark-users as a proxy for consumer confusion, trademark law creates doctrinal inconsistencies, undercuts trademark law’s notice function, and can cause the confusion it seeks to prevent. In theory, someone who registers their mark with the U.S. Patent and Trademark Office obtains nationwide rights; in practice, those rights remain limited to the places where the registrant actually conducts …
The Law Enforcement Lobby, Zoë Robinson, Stephen Rushin
The Law Enforcement Lobby, Zoë Robinson, Stephen Rushin
Minnesota Law Review Vols. 106:2 onward (2021-present)
The law enforcement lobby represents one of the most important and undertheorized barriers to criminal justice reform. We define the law enforcement lobby as the constellation of entrenched actors within the justice system—particularly police unions, correctional officer unions, and prosecutor associations—that exert an outsized role in policy development. The law enforcement lobby sometimes operates without coordinated opposition, resulting in capture of criminal justice policymaking and skewed policy outcomes that can institutionalize injustice and subordination. The strength of the law enforcement lobby also presents a challenge to the growing defunding and abolition movements. Nevertheless, the law enforcement lobby remains at the …
In Defense Of (Mental) Hearth And Home: Challenges To § 922(G)(4) In The Wake Of New York State Rifle & Pistol Ass’N V. Bruen, Zachary M. Robole
In Defense Of (Mental) Hearth And Home: Challenges To § 922(G)(4) In The Wake Of New York State Rifle & Pistol Ass’N V. Bruen, Zachary M. Robole
Minnesota Law Review Vols. 106:2 onward (2021-present)
Individually, discussions about mental illness and firearm possession are at the forefront of American discourse. Intriguingly, the intersection of the two issues produces provocative social and legal questions. 18 U.S.C. § 922(g)(4) bans those who have been involuntarily committed to a mental institution from owning a firearm. This ban is an indefinite one. Such indefiniteness supports a conclusion that “once mentally ill, always so.” But the “once mentally ill, always so” mantra is falling out of acceptance today. Therefore, it is logical to conclude that § 922(g)(4) does not best serve its intended function. Congress provided a route for those …
Antitrust Federalism And The Prison-Industrial Complex, Gregory Day
Antitrust Federalism And The Prison-Industrial Complex, Gregory Day
Minnesota Law Review Vols. 106:2 onward (2021-present)
States are not only prolific monopolists but also virtually unaccountable. Consider the prison-industrial complex, where states force inmates to pay monopoly prices while suppressing competition for commissary items, phone services, medicine, and more. While the Sherman Act would often ban these types of practices, states are immune from antitrust scrutiny as a matter of federalism—a concept referring to the constitutional division of power between federal and states actors. Because regulating commerce is considered an essential feature of self-rule, the Supreme Court held in Parker v. Brown that antitrust review would impermissibly strip states of their autonomy. In fact, this immunity …
Data Breach Class Actions: How Article Iii Standing Analysis Should Evolve After Transunion, Llc V. Ramirez, Caleb A. Johnson
Data Breach Class Actions: How Article Iii Standing Analysis Should Evolve After Transunion, Llc V. Ramirez, Caleb A. Johnson
Minnesota Law Review Vols. 106:2 onward (2021-present)
Data breaches have become a common occurrence for many people in America. Companies retain consumers’ personal information (SSN, DOB, bank account, credit card, biometrics, etc.) to better serve the consumers as well as to improve their company’s bottom line. Hackers get into those databases to fraudulently use existing consumer accounts as well as steal those consumer identities, with major repercussions. When hackers go unidentified, class action litigation is taking place between consumers and companies based on theories around negligence, breach of contract, and more. One of the most hotly contested issues is whether all the plaintiffs actually have Article III …
Localism, Pretext, And The Color Of School Dollars, Derek W. Black
Localism, Pretext, And The Color Of School Dollars, Derek W. Black
Minnesota Law Review Vols. 106:2 onward (2021-present)
Educational inequality is embedded in the structure of education itself. School districts, not individual schools, are the gatekeepers of educational opportunity. Racial isolation exists between school districts, not within them. Enormous funding gaps exist between neighboring school districts, sometimes in the same city, but not within them. These fault lines dictate everything from class size and teacher quality to suspension rates, achievement test scores, and graduation. To date, courts have rejected claims and remedies that would interfere with school district boundaries or local funding. The reluctance rests on the notion that localism is the historical foundation of public education. This …
Evolving Online Terrain In An Inert Legal Landscape: How Algorithms And Ai Necessitate An Amendment Of Section 230 Of The Communications Decency Act, Ellison Snider
Minnesota Law Review Vols. 106:2 onward (2021-present)
The consequences of online speech are undeniable, and yet, as the internet rapidly evolves, Section 230 of the Communications Decency Act (CDA 230), the federal law most concerned with internet regulation, stays the same. The pervasive presence of algorithms and artificial intelligence (AI), sophisticated technologies used by platforms to autonomously organize and facilitate the spread of online speech, vindicates a reassessment of CDA 230’s scope and applicability in the context of the modern internet. The internet’s impact on modern society is profound. In recent years, it has supported powerful grassroots organizing for social movements and allowed connection to distant loved …
Gender-Based Religious Persecution, Pooja R. Dadhania
Gender-Based Religious Persecution, Pooja R. Dadhania
Minnesota Law Review Vols. 106:2 onward (2021-present)
People fleeing gender-based violence in the home face an uphill battle when seeking asylum in the United States. Through the lens of public and private spheres, this Article explores the underutilized religion ground for asylum for cases involving gender-based violence in the home—i.e., the private sphere. This Article argues that if an individual imposes a patriarchal practice on an asylum seeker in the private sphere and justifies that practice using religion, the asylum seeker’s resistance to that practice should constitute religious expression. The religion ground protects individuals who are persecuted because of their religious beliefs and religious expression. It typically …
Criminal Terms, Anna Roberts
Criminal Terms, Anna Roberts
Minnesota Law Review Vols. 106:2 onward (2021-present)
Core terms used by criminal legal academics bolster the criminal system and ward off radical critique. They do this by conveying implicit messages of three types: that the criminal system is generally accurate, that it is necessary, and that it is well-intentioned and moving in the right direction. While recent legal scholarship has identified other subtle ways in which we send pro-carceral messages, it has not focused on vocabulary. We thus fall behind other entities that have announced vocabulary change, in recognition of the harm that such messages can do. We too have influence, not just through scholarly and public …
There Is No Such Thing As Circuit Law, Thomas B. Bennett
There Is No Such Thing As Circuit Law, Thomas B. Bennett
Minnesota Law Review Vols. 106:2 onward (2021-present)
Lawyers and judges often talk about “the law of the circuit,” meaning the set of legal rules that apply within a particular federal judicial circuit. Seasoned practitioners are steeped in circuit law, it is said. Some courts have imagined that they confront a choice between applying the law of one circuit or another. In its strong form, this idea of circuit law implies that each circuit creates and interprets its own body of substantive law that is uniquely applicable to disputes that arise within the circuit’s borders. This article argues that the notion of circuit law is nonsensical and undesirable …
Grandpa Sherman Did Not See Google Coming: Evolutions In Antitrust To Regulate Data Aggregating Firms, Michael J.K.M. Kinane
Grandpa Sherman Did Not See Google Coming: Evolutions In Antitrust To Regulate Data Aggregating Firms, Michael J.K.M. Kinane
Minnesota Law Review Vols. 106:2 onward (2021-present)
There is a crisis of confidence regarding the regulation of Google and other Big Tech firms. In 2021, over fifty-five percent of Americans believed that under-regulation of Big Tech has resulted in these companies having too much economic influence. Seventy-five percent are not confident that government will hold companies accountable when they misuse data. This note_comment examines Google as the poster child for Big Tech’s use of data aggregation as an anticompetitive tactic. Thanks to Google’s vast social data collected across many platforms, it has near-perfect market intelligence. This intelligence enables profitable predictions in markets currently occupied by Google and …
Procedural Posture And Social Choice, Michael Risch
Procedural Posture And Social Choice, Michael Risch
Minnesota Law Review Vols. 106:2 onward (2021-present)
Lawyers, judges, and professors have always been interested in the way cases unfold procedurally—their procedural posture. To date, however, nobody has provided a generalized theoretical framework to explain how procedural posture influences outcomes. This Article uses social choice theory to fill that void, providing much-needed insight into the ways that trial court litigation is influenced by the procedural agenda. Social choice theory considers how individual preferences translate to the collective desire. It is a messy business. One key insight of social choice theory is that whoever controls the decision agenda can control the outcome. This Article conceptualizes trial court litigation …
Unmarked: Intellectual Property And Geography, Lorie Graham, Stephen Mcjohn
Unmarked: Intellectual Property And Geography, Lorie Graham, Stephen Mcjohn
Minnesota Journal of Law, Science & Technology
No abstract provided.
Constitutional Demotion, Teri Dobbins Baxter
Constitutional Demotion, Teri Dobbins Baxter
Minnesota Journal of Law & Inequality
No abstract provided.
The Continued Relevance Of Domestic Partnerships In The Post-Obergefell United States, Grace J. Anderson
The Continued Relevance Of Domestic Partnerships In The Post-Obergefell United States, Grace J. Anderson
Minnesota Journal of Law & Inequality
No abstract provided.
“Vancouver’S Favourite Country Music Pub,” Single Room Occupancy Hotels, And The Context Of International Frameworks: Mapping Vancouver’S Urban Law And Cultural Policy, Sara Ross
Minnesota Journal of Law & Inequality
No abstract provided.
The Applicability Of Minnesota’S Workers’ Compensation Laws To Undocumented Workers, Cedar Weyker
The Applicability Of Minnesota’S Workers’ Compensation Laws To Undocumented Workers, Cedar Weyker
Minnesota Journal of Law & Inequality
No abstract provided.
Better Than Bipoc, Meera E. Deo
Better Than Bipoc, Meera E. Deo
Minnesota Journal of Law & Inequality
No abstract provided.
Don’T Make Them Martyrs: Empowering Children In The Foster Care & Juvenile Justice Systems Through Covid-19 Vaccine Consenting Rights, Victoria Kalumbi
Don’T Make Them Martyrs: Empowering Children In The Foster Care & Juvenile Justice Systems Through Covid-19 Vaccine Consenting Rights, Victoria Kalumbi
Minnesota Journal of Law & Inequality
No abstract provided.
Minnesota’S Mandatory Court Surcharge And The Failure Of The Fee-For-Service Criminal Justice System, Jake Polinsky
Minnesota’S Mandatory Court Surcharge And The Failure Of The Fee-For-Service Criminal Justice System, Jake Polinsky
Minnesota Journal of Law & Inequality
No abstract provided.
Deals In The Heartland: Renewable Energy Projects, Local Resistance, And How Law Can Help, Christiana Ochoa, Kacey Cook, Hanna Weil
Deals In The Heartland: Renewable Energy Projects, Local Resistance, And How Law Can Help, Christiana Ochoa, Kacey Cook, Hanna Weil
Minnesota Law Review Vols. 106:2 onward (2021-present)
Rural communities in every windblown and sun-drenched region of the United States are enmeshed in legal, political, and social conflicts related to the country’s rapid transition to renewable energy. Organized local opposition has foreclosed millions of acres from renewable energy development, impeding national and state-level commitments to achieving renewable energy targets in the face of the mounting climate crisis. This Article analyzes why and how communities, using county ordinances, township regulations, and electoral processes, mobilize against renewable energy companies and repel commercial wind projects. It describes the surprising and complex interplay of national, state, and municipal law governing the transition …