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Articles 481 - 510 of 7364
Full-Text Articles in Law
Why Are There So Many Taxes?: Teleworking And The Multiple Taxation Dilemma—Time To Standardize And Apportion, Xiaoyuan Zhou
Why Are There So Many Taxes?: Teleworking And The Multiple Taxation Dilemma—Time To Standardize And Apportion, Xiaoyuan Zhou
Minnesota Law Review Vols. 106:2 onward (2021-present)
Due in large part to the COVID-19 pandemic, remote teleworking has become the new norm for many professions. This dramatic shift in the workforce has raised serious tax concerns, and it has caused double taxation troubles for millions of remote workers. The fallout from COVID-19 continues to have a significant impact on the ways employers conduct business, with some major companies planning on a remote work mode permanently. This note_comment examines the current complicated and inconsistent state individual income tax schemes around the country. The goal is to urge Congress and the Supreme Court to reconsider the importance of this …
How The Liberal First Amendment Under-Protects Democracy, Tabatha Abu El-Haj
How The Liberal First Amendment Under-Protects Democracy, Tabatha Abu El-Haj
Minnesota Law Review Vols. 106:2 onward (2021-present)
This Article advances a distinct theoretical account of the First Amendment that stresses its role as the underwriter of a republican form of government. Predicated on a more accurate description of the processes of self-governance, the advanced theory delivers a construction of the First Amendment that actually protects democracy in all its facets. By contrast, as currently construed, the First Amendment operates to the detriment of democracy. A singular preoccupation with speech as the mechanism of self-governance obscures the critical role of political participation as conduct. Accordingly, disruptive assemblies get less protection than disruptive speech, and the Court is blind …
Rethinking The Crime Of Rioting, Nick Robinson
Rethinking The Crime Of Rioting, Nick Robinson
Minnesota Law Review Vols. 106:2 onward (2021-present)
The fear of riots has long loomed large in the public imagination. This fear is at least partly justified. Riots can present unique challenges, both in the harm they can cause and in the government’s ability to control them. However, from the American colonies to the Civil Rights era, there is also a history of members of largely nonviolent social movements being tarred as “rioters.” This use of the label of “rioting” to undermine dissent is not just a political problem but also a legal one, and it has once again reemerged. Although the Black Lives Matter protests of 2020 …
Killing The Motivation Of The Minority Law Professor, Goldburn P. Maynard Jr.
Killing The Motivation Of The Minority Law Professor, Goldburn P. Maynard Jr.
Minnesota Law Review Vols. 106:2 onward (2021-present)
This Essay hypothesizes that a significant number of minority junior scholars with radical or non-normative ideas forego those projects or mute them to fit their work within the dominant paradigm of legal scholarship. Even those who move forward and publish their radical or non-normative proposals spend significant time attempting to overcome internal and external resistance, negotiating with mentors, and finding ways to make the radical seem palatable. This disproportionately harms the productivity of minority law professors, not only through inefficiency, but also through the long-term destruction of intrinsic motivation that is vital and overlaps with successful, fulfilling, and productive careers. …
The Diversity Formula: A Race-Neutral Playbook For Equitable Student Assignment And Its Application To Magnet Schools, Joshua Gutzmann
The Diversity Formula: A Race-Neutral Playbook For Equitable Student Assignment And Its Application To Magnet Schools, Joshua Gutzmann
Minnesota Law Review Vols. 106:2 onward (2021-present)
Contrary to the revisionist history told by some, Brown v. Board of Education did not mark a permanent end to school segregation. Indeed, by some measures, many school districts have experienced increases in racial and socioeconomic segregation over the past few decades. And the impact of this segregation manifests itself in concerning examples of insufficient understanding and empathy across racial and socioeconomic lines. School segregation is a major threat to this nation’s pursuit of the evasive goal of equal opportunity. The Biden-Harris Administration must address school segregation if it is to meet one of its primary priorities: advancing racial equity. …
Optional Legislation, Jacob Bronsther, Guha Krishnamurthi
Optional Legislation, Jacob Bronsther, Guha Krishnamurthi
Minnesota Law Review Vols. 106:2 onward (2021-present)
Not since the nineteenth century has partisanship been this intense. The only thing that Democrats and Republicans can agree upon, it seems, is that “Washington is broken.” Beyond the chimeras of bipartisanship or enduring one-party rule, this Article proposes a new solution to legislative dysfunction in Washington: optional legislation. Imagine that states could opt in to a federal program—say, universal basic income or Medicare for All—on the condition that they alone foot a higher tax bill to pay for the plan. States that opt out are completely unaffected because they do not have to contribute funds. Given that each party …
Citizenship Disparities, Emily Ryo, Reed Humphrey
Citizenship Disparities, Emily Ryo, Reed Humphrey
Minnesota Law Review Vols. 106:2 onward (2021-present)
Citizenship is “nothing less than the right to have rights,” wrote Chief Justice Warren in his Perez v. Brownell dissent. Yet no study to date has been able to systematically investigate agency decisions to grant or deny citizenship in an administrative process called naturalization adjudication. This Article presents the first comprehensive empirical study of contemporary naturalization adjudication outcomes in the United States. Drawing on new and unique administrative data obtained through extensive Freedom of Information Act litigation, this study analyzes over 2.6 million naturalization decisions made by the U.S. Citizenship and Immigration Services (USCIS) between 2015 and 2018. These decisions …
Gruel And Unusual: Prison Punishment Diets And The Eighth Amendment, Jackie Cuellar
Gruel And Unusual: Prison Punishment Diets And The Eighth Amendment, Jackie Cuellar
Minnesota Law Review Vols. 106:2 onward (2021-present)
For as long as prisons have existed, food has been used as a mechanism of prisoner control. One of the earliest forms of food as punishment was the aptly named “bread-and-water diet,” providing prisoners with just 700 calories per day. The diet was later deemed cruel and unusual in violation of the Eighth Amendment, but this was far from the last use of food as punishment in prisons. Today, one disciplinary diet persists in correctional facilities across the country—nutraloaf. The exact recipe for nutraloaf varies but typically involves blending together bread, potatoes, non-dairy cheese, beans, fruits, and vegetables, shaping it …
Unprotected But Not Forgotten: A Call To Action To Help Federal Judiciary Employees Address Workplace Sexual Misconduct, Theresa M. Green
Unprotected But Not Forgotten: A Call To Action To Help Federal Judiciary Employees Address Workplace Sexual Misconduct, Theresa M. Green
Minnesota Law Review Vols. 106:2 onward (2021-present)
Federal judiciary employees are not currently protected by Title VII of the Civil Rights Act of 1964—the federal statute that prohibits workplace discrimination, retaliation, and harassment based on, among other things, a person’s sex. In effect, this means federal judiciary employees are not adequately protected from sexual misconduct. Like any workplace, however, sexual harassment is a persistent issue within the federal judiciary, and the current mechanisms to address the abuse are inadequate. This note_comment explores the federal judiciary’s sexual misconduct problem and critiques the only two mechanisms through which a federal judiciary employee can address workplace sexual harassment: the Judicial …
Unsexing Breastfeeding, Naomi Schoenbaum
Unsexing Breastfeeding, Naomi Schoenbaum
Minnesota Law Review Vols. 106:2 onward (2021-present)
For half a century, constitutional sex equality doctrine has been combating harmful sex stereotypes by invalidating laws that treat women as caregivers and men as breadwinners. Yet decades after the constitutional sex equality revolution unsexed parenting roles, one area of parenting has escaped this doctrine’s exacting gaze: breastfeeding. In the wake of public health efforts in the 1990s to promote breastfeeding, a raft of laws were enacted—from insurance coverage mandates under the Affordable Care Act to workplace accommodations under the Fair Labor Standards Act—that provide substantial breastfeeding protections and benefits, but only to women. Although the sexed law of breastfeeding …
A Helper For Patenting The “Unpredictable”: Artificial Intelligence, Shuang Liu
A Helper For Patenting The “Unpredictable”: Artificial Intelligence, Shuang Liu
Minnesota Journal of Law, Science & Technology
No abstract provided.
Physical Losses, Invisible Damages: Finding Coverage For Business Interruption Insurance Claims Sustained During The Covid-19 Pandemic, Mason Medeiros
Physical Losses, Invisible Damages: Finding Coverage For Business Interruption Insurance Claims Sustained During The Covid-19 Pandemic, Mason Medeiros
Minnesota Journal of Law, Science & Technology
No abstract provided.
Reflections Of A Supreme Court Commissioner, William Baude
Reflections Of A Supreme Court Commissioner, William Baude
Minnesota Law Review Vols. 106:2 onward (2021-present)
The Presidential Commission on the Supreme Court of the United States was given a fundamentally frustrating task: bipartisan expert analysis of an institution whose greatest challengers are political. I served on that commission and offer my own views on Supreme Court reform: Court packing is lawful but unjustified. Term limits, without a constitutional amendment, are not lawful and maybe also unjustified. Generally democratizing the Court through jurisdiction stripping is unlikely to be effective, and doing so through various other means is unlikely to be lawful. And the Supreme Court’s shadow docket, though not free from trouble, does not admit of …
One Nation Subsidizing God: How The Implementation Of The Paycheck Protection Program Revealed The Deteriorating Wall Between Church And State, Elliot Ergeson
One Nation Subsidizing God: How The Implementation Of The Paycheck Protection Program Revealed The Deteriorating Wall Between Church And State, Elliot Ergeson
Minnesota Law Review Vols. 106:2 onward (2021-present)
The wall separating Church and State is at risk of collapse. The Religion Clauses of the United States Constitution act in tandem to en- sure that the freedom of religion is protected. Over the past three decades, however, the Supreme Court has steadily chipped away at the Establishment Clause while expanding the Free Exercise Clause. On the Establishment Clause side, the government used to be prohibited from providing monetary aid to religious organizations. Now, after the Court’s recent decision in Espinoza v. Montana Department of Revenue, the government may not exclude religious entities from public benefits even if those benefits …
Nonpartisan Supreme Court Reform And The Biden Commission, Daniel Epps
Nonpartisan Supreme Court Reform And The Biden Commission, Daniel Epps
Minnesota Law Review Vols. 106:2 onward (2021-present)
Prior to his election to the Presidency, Joe Biden promised to create a bipartisan commission that would consider and evaluate reforms to the Supreme Court of the United States. Shortly after his inauguration, he did just that, announcing a thirty-six-member Commission on the Supreme Court. Made up of distinguished scholars and lawyers, the Commission was charged with drafting a report that would describe and analyze historical and current debates about reforming the Court. The eventual report seemed to make few observers happy. It reached few firm conclusions on the legality of any reform proposals and even fewer conclusions on any …
“Black First, Children Second”: Why Juvenile Life Without Parole Violates The Equal Protection Clause, Avery Katz
“Black First, Children Second”: Why Juvenile Life Without Parole Violates The Equal Protection Clause, Avery Katz
Minnesota Law Review Vols. 106:2 onward (2021-present)
The United States is the only country in the world that allows imposition of juvenile life without parole (LWOP) sentences. This sentencing scheme was born out of the 1990’s “tough on crime” era, when society held the belief that juvenile offenders were “super-predators” and should face adult time for adult crimes. Throughout the years, the Supreme Court has faced numerous cases regarding juvenile LWOP, leading to its 2021 Jones v. Mississippi decision, holding that juveniles may be sentenced to LWOP so long as “youthful qualities,” such as immaturity, recklessness, susceptibility to negative influence, are first considered in sentencing. Today, the …
Breaking Away Or Still Broken? A Critique Of The Minnesota Supreme Court’S Treatment Of The Severe Or Pervasive Standard For Sexual Harassment Hostile Work Environment Cases In Kenneh V. Homeward Bound, Anne Bolgert
Minnesota Journal of Law & Inequality
No abstract provided.
Overcoming Toxic Polarization: Lessons In Effective Bridging, John A. Powell
Overcoming Toxic Polarization: Lessons In Effective Bridging, John A. Powell
Minnesota Journal of Law & Inequality
No abstract provided.
Contracting With Communities: An Analysis Of The Enforceability Of Community Benefits Agreements, Hannah P. Stephan
Contracting With Communities: An Analysis Of The Enforceability Of Community Benefits Agreements, Hannah P. Stephan
Minnesota Journal of Law & Inequality
No abstract provided.
Automating Judicial Discretion: How Algorithmic Risk Assessments In Pretrial Adjudications Violate Equal Protection Rights On The Basis Of Race, Christopher Thomas, Antonio Pontón-Núñez
Automating Judicial Discretion: How Algorithmic Risk Assessments In Pretrial Adjudications Violate Equal Protection Rights On The Basis Of Race, Christopher Thomas, Antonio Pontón-Núñez
Minnesota Journal of Law & Inequality
No abstract provided.
“We Do Not Live Single-Issue Lives”: Bostock V. Clayton County Mainstreaming Title Vii Intersectional Discrimination Claims, Sharon Beck
Minnesota Journal of Law & Inequality
No abstract provided.
Beyond Deliberate Indifference: Rethinking Institutional Responsibility And Title Ix Liability In K-12 Education, Gabrielle Maginn
Beyond Deliberate Indifference: Rethinking Institutional Responsibility And Title Ix Liability In K-12 Education, Gabrielle Maginn
Minnesota Journal of Law & Inequality
No abstract provided.
An Opportunity To Learn: Engaging In The Praxis Of School Finance Policy And Civil Rights, Davíd G. Martínez, Julian Vasquez Heilig
An Opportunity To Learn: Engaging In The Praxis Of School Finance Policy And Civil Rights, Davíd G. Martínez, Julian Vasquez Heilig
Minnesota Journal of Law & Inequality
No abstract provided.
Corporate Management Should All Be Feminists, Joan Macleod Heminway
Corporate Management Should All Be Feminists, Joan Macleod Heminway
Minnesota Journal of Law & Inequality
No abstract provided.
A Hill To Die On: Federal Court Reform In The 2020s, Daniel P. Suitor
A Hill To Die On: Federal Court Reform In The 2020s, Daniel P. Suitor
Minnesota Law Review Vols. 106:2 onward (2021-present)
Is the Federal Judiciary broken and, if so, what can we do to fix it? To that end, Minnesota Law Review hosted its annual Symposium on March 25, 2022. Titled “A Hill to Die On: Federal Court Reform in the 2020s,” the event gathered some of the country’s leading thinkers, writers, and broadcasters studying the structure and operation of the Article III courts. Across three wide-ranging discussions, the Symposium’s participants attempted to answer the overarching inquiries by investigating the Supreme Court, lower federal courts, and the current events surrounding them.
A Taking Timebomb: Loss Of Access Takings As A Barrier To Managed Retreat From Sea Level Rise, Isaac Foote
A Taking Timebomb: Loss Of Access Takings As A Barrier To Managed Retreat From Sea Level Rise, Isaac Foote
Minnesota Journal of Law, Science & Technology
No abstract provided.
Making Your Robotic Surgery Systems General Purpose: A Possible Preventive Measure For Induced And Contributory Infringement Liability Arising In Medical Procedures, Mengmeng Du
Minnesota Journal of Law, Science & Technology
No abstract provided.
The ‘Burbs And The Bees: Race, Class, And Rpbb Policy In Minnesota, Julia Brokaw, Hudson B. Kingston, Jordan Hughes
The ‘Burbs And The Bees: Race, Class, And Rpbb Policy In Minnesota, Julia Brokaw, Hudson B. Kingston, Jordan Hughes
Minnesota Journal of Law, Science & Technology
No abstract provided.
Rule 10b-5 Meets Wagon Mound: A New Perspective On Loss Causation, Meiring De Villiers
Rule 10b-5 Meets Wagon Mound: A New Perspective On Loss Causation, Meiring De Villiers
Minnesota Journal of Law, Science & Technology
No abstract provided.
Pirate Arbitration, David Horton
Pirate Arbitration, David Horton
Minnesota Law Review Vols. 106:2 onward (2021-present)
The U.S. Supreme Court’s expansion of the Federal Arbitration Act (FAA) has transformed the American civil justice system. In a series of controversial opinions, the Court has held that the FAA preempts state law, bars class actions, and empowers companies to delegate questions about the arbitration itself to arbitrators. For decades, critics have objected that forced arbitration dilutes consumers’ and employees’ rights. However, this Article explores a byproduct of the arbitration revolution that is arguably even more troubling. Recently, criminals, opportunists, and other shady entities have started exploiting the Court’s FAA jurisprudence to accomplish goals that are illegal. The Article …