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Articles 511 - 540 of 7364
Full-Text Articles in Law
Power To The People: Distributing The Benefits Of A Clean Energy Transition Through Equitable Policy, Legislation, And Energy Justice Initiatives, Alexandria E. Dolezal
Power To The People: Distributing The Benefits Of A Clean Energy Transition Through Equitable Policy, Legislation, And Energy Justice Initiatives, Alexandria E. Dolezal
Minnesota Law Review Vols. 106:2 onward (2021-present)
The transition to renewable energy may be accelerating, but the path to a clean energy future is still littered with potential inequities. This reality has become increasingly evident in the early 2020s as the COVID-19 pandemic has exacerbated injustices within the existing energy system, leaving many low-income and minority communities struggling to pay for essential utilities. Moreover, marginalized communities are disproportionately impacted by the negative externalities of the energy sector, such as air pollution and climate- change-induced natural disasters. Recent events, like the Texas power crisis and unprecedented heatwaves in 2021, have brought these issues into sharper focus, while equally …
Constraining Criminal Laws, F. Andrew Hessick, Carissa Byrne Hessick
Constraining Criminal Laws, F. Andrew Hessick, Carissa Byrne Hessick
Minnesota Law Review Vols. 106:2 onward (2021-present)
Most criminal law is statutory. Although the violation of criminal statutes can result in significantly more serious consequences than violations of other types of statutes, the dominant theories of statutory interpretation do not distinguish between criminal statutes and non-criminal statutes. Those theories say that, when interpreting statutes, courts should always be faithful agents aiming to implement the will of the legislature, and that task does not change depending on whether the statute is criminal. This Article shows that treating the interpretation of criminal statutes the same way as other statutes is a major departure from the past. Historically, courts did …
Psychological Parenthood, Anne L. Alstott, Anne C. Dailey, Douglas Nejaime
Psychological Parenthood, Anne L. Alstott, Anne C. Dailey, Douglas Nejaime
Minnesota Law Review Vols. 106:2 onward (2021-present)
Family law in the United States is governed by an assortment of familiar legal doctrines and policies that often undermine, and sometimes sever, the relationships between children and the adults with whom children are most closely bonded. For example, the “best interests of the child” standard, which has long governed a host of legal determinations such as custody, offers only a vague and indeterminate guideline for decision-making, an approach that risks undervaluing the importance of children’s relationships to close caregivers. Similarly, courts and commentators commonly assert that the federal Constitution provides special protection to biological parent-child relationships, despite the fact …
Chilling Effects And Unequal Subjects: A Response To Jonathon Penney's Understanding Chilling Effects, Karen Levy
Chilling Effects And Unequal Subjects: A Response To Jonathon Penney's Understanding Chilling Effects, Karen Levy
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
No abstract provided.
Who Decides Where The Renewables Should Go?: A Response To Danielle Stokes's Renewable Energy Federalism, Michael B. Gerrard
Who Decides Where The Renewables Should Go?: A Response To Danielle Stokes's Renewable Energy Federalism, Michael B. Gerrard
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
No abstract provided.
Technically Important: The Essential Role Of Technical Corrections And How Congress Can Revive Them, Mollie M. Wagoner
Technically Important: The Essential Role Of Technical Corrections And How Congress Can Revive Them, Mollie M. Wagoner
Minnesota Law Review Vols. 106:2 onward (2021-present)
Drafting mistakes are an inevitable part of legislation being written by human institutions. In the context of tax, the complex and nuanced field is rife with opportunities for unintended glitches and mistakes to find their way into legislation. What happens when these mistakes result in the law not properly reflecting the intent of the drafters? In recognition of this reality, specifically in the realm of tax, Congress uses technical corrections to bring the letter of the law into line with the original drafter’s intent post-enactment. Technical corrections are meant to be uncontroversial, bipartisan, and revenue neutral. They are not intended …
The Character Of Jury Exclusion, Anna Offit
The Character Of Jury Exclusion, Anna Offit
Minnesota Law Review Vols. 106:2 onward (2021-present)
Encounters with the legal system are unevenly distributed throughout the American population, with Black and poor citizens targeted as disparate subjects of surveillance, arrest, and criminal conviction. At the same time, these encounters, as well as a stated belief in the unfairness of the legal system, are commonly viewed as legitimate grounds for excusal from jury service. This follows from an understanding of juror bias that assumes that people with negative experiences with legal actors—police and prosecutors, for example—will be less likely to trust and more likely to discount the contributions of those actors within the context of the jury …
Public Undersight, Christina Koningisor
Public Undersight, Christina Koningisor
Minnesota Law Review Vols. 106:2 onward (2021-present)
The laws governing transparency and accountability in government are deeply flawed and plagued by steep financial costs, high barriers to access, and widespread corporate capture. While legal scholars have suggested a wide variety of fixes, they have focused almost exclusively on legal solutions. They have largely overlooked a growing set of grassroots efforts that seek to reconstruct government information extralegally, rather than work through existing legal structures or remedy breakdowns in the formal transparency law regime. An array of bottom-up movements to circumvent the formal transparency law and challenge the government’s monopoly on information have sprung up around the country …
A Prisoner’S Dilemma: Why Covid-19 Must Serve As A Catalyst To Address Compassionate Release Limitations In Federal Prison, Mary M. Haasl
A Prisoner’S Dilemma: Why Covid-19 Must Serve As A Catalyst To Address Compassionate Release Limitations In Federal Prison, Mary M. Haasl
Minnesota Law Review Vols. 106:2 onward (2021-present)
COVID-19 significantly impacted the U.S. prison population. Given concerns surrounding its rapid spread through prisons, many federal inmates petitioned for compassionate release during the pandemic’s initial months. This significant increase in compassionate release petitions has yielded an impactful case study regarding the significant limitations posed by the compassionate release statute as written—particularly related to its exhaustion of administrative remedy requirement. Under the First Step Act of 2018, inmates must exhaust their administrative remedies before petitioning the district court for compassionate release. With concerns surrounding COVID-19 spread, some federal district courts allowed the waiver of the exhaustion requirement, while other did …
Remembrance Of And Tribute To Walter F. Mondale, Amy Klobuchar
Remembrance Of And Tribute To Walter F. Mondale, Amy Klobuchar
Minnesota Law Review Vols. 106:2 onward (2021-present)
No abstract provided.
The Costs Of The Punishment Clause, Courtney E. Lollar
The Costs Of The Punishment Clause, Courtney E. Lollar
Minnesota Law Review Vols. 106:2 onward (2021-present)
No abstract provided.
Inheriting Privilege, Allison Anna Tait
Inheriting Privilege, Allison Anna Tait
Minnesota Law Review Vols. 106:2 onward (2021-present)
No abstract provided.
Renewable Energy Federalism, Danielle Stokes
Renewable Energy Federalism, Danielle Stokes
Minnesota Law Review Vols. 106:2 onward (2021-present)
No abstract provided.
Rescinding Rights, Joseph Landau
Rescinding Rights, Joseph Landau
Minnesota Law Review Vols. 106:2 onward (2021-present)
No abstract provided.
Too Hot To Handle?: Native Advertising And The Firestone Dilemma, Eliezer Joseph Silberberg
Too Hot To Handle?: Native Advertising And The Firestone Dilemma, Eliezer Joseph Silberberg
Minnesota Law Review Vols. 106:2 onward (2021-present)
No abstract provided.
Antitrust, Attention, And The Mental Health Crisis, Gregory Day
Antitrust, Attention, And The Mental Health Crisis, Gregory Day
Minnesota Law Review Vols. 106:2 onward (2021-present)
No abstract provided.
Designer Minor: Creating A Better Legal Regime For Pediatric Cosmetic Procedures, Hannah Oliason
Designer Minor: Creating A Better Legal Regime For Pediatric Cosmetic Procedures, Hannah Oliason
Minnesota Law Review Vols. 106:2 onward (2021-present)
No abstract provided.
Excessive Sanctions & Evolving Standards Of Decency: The Mitigating Nature Of Sexual Trauma For Juvenile Survivors Who Murder, Ingrid Hofeldt
Excessive Sanctions & Evolving Standards Of Decency: The Mitigating Nature Of Sexual Trauma For Juvenile Survivors Who Murder, Ingrid Hofeldt
Minnesota Journal of Law, Science & Technology
No abstract provided.
A Broad View Of Broadview Solar: How Ferc’S Whiplash-Inducing Orders Expand The Scope Of Purpa, Christopher Cerny
A Broad View Of Broadview Solar: How Ferc’S Whiplash-Inducing Orders Expand The Scope Of Purpa, Christopher Cerny
Minnesota Journal of Law, Science & Technology
No abstract provided.
Strengthening Boards Through Diversity: A Two-Sided Market That Can Be Effectively Serviced By Intermediaries, Akshaya Kamalnath
Strengthening Boards Through Diversity: A Two-Sided Market That Can Be Effectively Serviced By Intermediaries, Akshaya Kamalnath
Minnesota Journal of Law & Inequality
No abstract provided.
Race, Place, And Citizenship: The Influence Of Segregation On Latino Educational Attainment, Stella M. Flores, Suzanne M. Lyons, Tim Carroll, Delina Zapata
Race, Place, And Citizenship: The Influence Of Segregation On Latino Educational Attainment, Stella M. Flores, Suzanne M. Lyons, Tim Carroll, Delina Zapata
Minnesota Journal of Law & Inequality
No abstract provided.
Making Sex Matter: Common Restrooms As “Intimate” Spaces?, David B. Cruz
Making Sex Matter: Common Restrooms As “Intimate” Spaces?, David B. Cruz
Minnesota Journal of Law & Inequality
No abstract provided.
The Instrumental Case For Corporate Diversity, Naomi Cahn, June Carbone, Nancy Levit
The Instrumental Case For Corporate Diversity, Naomi Cahn, June Carbone, Nancy Levit
Minnesota Journal of Law & Inequality
No abstract provided.
Neo-Segregation In Minnesota, Myron Orfield, Will Stancil
Neo-Segregation In Minnesota, Myron Orfield, Will Stancil
Minnesota Journal of Law & Inequality
No abstract provided.
Building A Radical Shift In Policy: Modifying The Relationship Between Cities And Neighbors Experiencing Unsheltered Homelessness, Brigid Kelly
Minnesota Journal of Law & Inequality
No abstract provided.
Remote Work "Reasonable"? Why The Covid-19 Pandemic Calls For A Reinterpretation Of The "Reasonable Accommodation" Standard, And How Companies Can Respond, Caroline Headrick
Remote Work "Reasonable"? Why The Covid-19 Pandemic Calls For A Reinterpretation Of The "Reasonable Accommodation" Standard, And How Companies Can Respond, Caroline Headrick
Minnesota Journal of Law & Inequality
No abstract provided.
Costly Gadgets: Barriers To Market Entry And Price Competition For Generic Drug-Device Combinations In The United States, Michael S. Sinha
Costly Gadgets: Barriers To Market Entry And Price Competition For Generic Drug-Device Combinations In The United States, Michael S. Sinha
Minnesota Journal of Law, Science & Technology
No abstract provided.
To Be, Or Not To Be, Will Long Covid Be Reasonably Accommodated Is The Question, Angelica Guevara
To Be, Or Not To Be, Will Long Covid Be Reasonably Accommodated Is The Question, Angelica Guevara
Minnesota Journal of Law, Science & Technology
No abstract provided.
Combatting Climate Change Through Conservation Easements, Claire Wright
Combatting Climate Change Through Conservation Easements, Claire Wright
Minnesota Journal of Law, Science & Technology
No abstract provided.
Lifting Labor’S Voice: A Principled Path Toward Greater Worker Voice And Power Within American Corporate Governance, Leo E. Strine Jr., Aneil Kovvali, Oluwatomi O. Williams
Lifting Labor’S Voice: A Principled Path Toward Greater Worker Voice And Power Within American Corporate Governance, Leo E. Strine Jr., Aneil Kovvali, Oluwatomi O. Williams
Minnesota Law Review Vols. 106:2 onward (2021-present)
In view of the decline in gainsharing by corporations with American workers over the last forty years, advocates for American workers have expressed growing interest in allowing workers to elect representatives to corporate boards. Board level representation rights have gained appeal because they are a highly visible part of codetermination regimes that operate in several successful European economies, including Germany’s, in which workers have fared better. But board level representation is just one part of the comprehensive codetermination regulatory strategy as it is practiced abroad. Without a coherent supporting framework that includes representation from the ground up, as is provided …