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- Minnesota Law Review, Vols. 1-106:1 (1917-2021) (3289)
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Articles 61 - 90 of 7364
Full-Text Articles in Law
A Quadruple Bind? How Romantic Partner Dynamics May Hold Women Back At Work, Especially In The “Winner Take All” Economy, Melissa Vink
A Quadruple Bind? How Romantic Partner Dynamics May Hold Women Back At Work, Especially In The “Winner Take All” Economy, Melissa Vink
Minnesota Journal of Law & Inequality
No abstract provided.
Tournament Incentives And The Triple Bind For Working Women, Amalia R. Miller, Carmit Segal
Tournament Incentives And The Triple Bind For Working Women, Amalia R. Miller, Carmit Segal
Minnesota Journal of Law & Inequality
No abstract provided.
On Triple Bind Remedies In Fair Shake And Gender Bias Remedies In Psychological Science, Eugene Borgida, Nicholas M. Alia
On Triple Bind Remedies In Fair Shake And Gender Bias Remedies In Psychological Science, Eugene Borgida, Nicholas M. Alia
Minnesota Journal of Law & Inequality
No abstract provided.
The Lawless Workplace, Matthew T. Bodie
The Lawless Workplace, Matthew T. Bodie
Minnesota Journal of Law & Inequality
No abstract provided.
Exploring Mutable Characteristics And Discriminatory Perceptions In Justice Systems, Daniel L. Chen
Exploring Mutable Characteristics And Discriminatory Perceptions In Justice Systems, Daniel L. Chen
Minnesota Journal of Law & Inequality
No abstract provided.
Interview Of Naomi Cahn, June Carbone & Nancy Levit, Naomi Cahn, June Carbone, Nancy Levit, Claire Hill, Matthew T. Bodie
Interview Of Naomi Cahn, June Carbone & Nancy Levit, Naomi Cahn, June Carbone, Nancy Levit, Claire Hill, Matthew T. Bodie
Minnesota Journal of Law & Inequality
No abstract provided.
Interview Of Renee Jones By June Carbone, Renee Jones, June Carbone
Interview Of Renee Jones By June Carbone, Renee Jones, June Carbone
Minnesota Journal of Law & Inequality
No abstract provided.
Conferences, Lightbulbs, And Gender, June Carbone
Conferences, Lightbulbs, And Gender, June Carbone
Minnesota Journal of Law & Inequality
No abstract provided.
The Homo Economicus Model Of Work Describes Men More Than Women, But Only In Weird Cultures, Thomas Talhelm, Danila Medvedev, Yin Li
The Homo Economicus Model Of Work Describes Men More Than Women, But Only In Weird Cultures, Thomas Talhelm, Danila Medvedev, Yin Li
Minnesota Journal of Law & Inequality
No abstract provided.
An Economic, Psychological, And Linguistic Explanation Of (Some Reasons) Why Women Don’T Get A Fair Shake, Claire A. Hill
An Economic, Psychological, And Linguistic Explanation Of (Some Reasons) Why Women Don’T Get A Fair Shake, Claire A. Hill
Minnesota Journal of Law & Inequality
No abstract provided.
Filling The Sackett Gap: The Private Governance Option, Michael P. Vandenbergh, Elodie O. Currier Stoffel, Steph Tai
Filling The Sackett Gap: The Private Governance Option, Michael P. Vandenbergh, Elodie O. Currier Stoffel, Steph Tai
Minnesota Law Review Vols. 106:2 onward (2021-present)
The Supreme Court’s decision in Sackett v. EPA reversed fifty years of federal Clean Water Act wetlands protections and removed federal oversight from roughly half of the wetlands in the United States. This Article proposes a viable new conceptual model and tools to close the Sackett Gap—the gap between the wetlands protected before and after Sackett. Scholars have argued for federal measures to fill the Sackett Gap, but these actions face substantial challenges. Congress is unlikely to adopt new wetlands legislation, agencies are constrained by Sackett’s expansive language, the end of Chevron deference, and the 2024 presidential election, and lower …
Renewable Energy Federalism 2.0, Danielle Stokes
Renewable Energy Federalism 2.0, Danielle Stokes
Minnesota Law Review Vols. 106:2 onward (2021-present)
Much like climate change, the clean energy transition presents a “super wicked” problem that is further complicated by prioritizing justice. History has taught us that government regulation, industry innovation, and community engagement are the catalysts of effective transitions. Similarly, the just energy transition requires the support of these interconnected networks. This Essay offers sustainable collaborative governance as a theoretical framework through which decision-makers may filter their assessments, industry can model its metrics, and community can develop language to articulate its needs. Sustainable collaborative governance is also a means of navigating the complexities of renewable energy siting and regulation while fostering …
Catching Nutients In A Net: Collective Action, Institutional Impediments, And The Mississippi River Watershed, Jonathan Rosenbloom
Catching Nutients In A Net: Collective Action, Institutional Impediments, And The Mississippi River Watershed, Jonathan Rosenbloom
Minnesota Law Review Vols. 106:2 onward (2021-present)
Thousands of local governments in the Mississippi River watershed possess regulatory land use authority. From a narrow law and economics standpoint, when these entities extract from, add to, or pollute the watershed, it may appear as a classic tragedy of the commons problem. The tragedy sounds something like this: local governments act “rationally” to avoid regulating in a way that reduces pollution in the waterway because such regulation would increase costs. Further, local governments avoid paying the costs associated with treating or reducing the level of contaminants in the water before ushering them downstream. While this analysis might partially explain …
The Four Horseman Of The New Separation Of Powers: The Environmental Law Implications Of West Virginia, Sackett, Loper Bright, And Corner Post, Erin Ryan
Minnesota Law Review Vols. 106:2 onward (2021-present)
This Article explores how several of the Supreme Court’s most recent environmental decisions—West Virginia v. EPA, Sackett v. EPA, and Loper Bright v. Raimondo—will shift the constitutional balance of power, and how the polity might respond. Under the pretense of safeguarding legislative power, they consolidate judicial power to decide regulatory issues formerly delegated by the legislature to executive agencies. In so doing, the Court weakened specific environmental laws protecting air, water, and fisheries but also regulatory governance more broadly, by rejecting implementing regulations until Congress acts to specifically authorize them. Corner Post v. Federal Reserve furthers the deregulatory project by …
The Bogeyman Of Environmental Regulation: Federalism, Agency Preemption, And The Roberts Court, Kamaile A.N. Turčan
The Bogeyman Of Environmental Regulation: Federalism, Agency Preemption, And The Roberts Court, Kamaile A.N. Turčan
Minnesota Law Review Vols. 106:2 onward (2021-present)
In a trio of environmental cases—West Virginia v. EPA, Sackett v. EPA, and Loper Bright v. Raimondo—the Roberts Court curtailed the federal regulatory power and produced corresponding deregulatory outcomes under seemingly neutral legal principles. This Article interrogates the doctrinal coherency of the Roberts Court’s jurisprudence by applying the rationales of these cases to climate change litigation. Climate change policies advanced by state and local governmental plaintiffs represent the inverse of what the Court has previously rejected. The regulatory burdens arise under state, not federal, law. In this analysis, the Article advances a previously undertheorized aspect of the trio’s combined effect: …
Foreward: Environmental And Energy Regulation Reformation: Challenges And Solutions After West Virginia V. Epa, Sackett V. Epa, And Loper Bright Enterprises V. Raimondo, Shannon Schooley
Minnesota Law Review Vols. 106:2 onward (2021-present)
No abstract provided.
The Clean Water Act And Avoidance Creep, Jack H.L. Whiteley
The Clean Water Act And Avoidance Creep, Jack H.L. Whiteley
Minnesota Law Review Vols. 106:2 onward (2021-present)
In Sackett v. EPA, the Supreme Court set out a test for the Clean Water Act’s jurisdiction over wetlands. The Act, the Court held, protects only those wetlands that have a continuous surface connection to relatively permanent bodies of water like streams, rivers, and lakes. If the connection lies below the surface, or is at the surface but discontinuous, the wetlands are presumed to fall outside the Act’s protections. The ruling, which abruptly curtailed how each administration since the 1970s had understood the Clean Water Act’s jurisdiction, has generated persuasive criticism from environmental scholars. In this Essay, prepared for the …
The Impact Of Loper Bright V. Raimondo: An Empirical Review Of The First Six Months, Robin Kundis Craig
The Impact Of Loper Bright V. Raimondo: An Empirical Review Of The First Six Months, Robin Kundis Craig
Minnesota Law Review Vols. 106:2 onward (2021-present)
One of the most impactful decisions of the U.S. Supreme Court’s 2023–2024 term was Loper Bright Enterprises v. Raimondo, which overruled the forty-year-old administrative law doctrine of Chevron deference. This doctrine allowed federal agencies to interpret ambiguities in the statutes that they administer. Courts cited Chevron over 18,000 times in its forty-year existence, or roughly 450 times a year—more than once a day, on average. Small wonder, then, that in the first six months after the Supreme Court decided Loper Bright, courts cited it more than 400 times. This article provides an empirical review of what courts are doing with …
Water Flowing Down Wall Street, Vanessa Casado Pérez
Water Flowing Down Wall Street, Vanessa Casado Pérez
Minnesota Law Review Vols. 106:2 onward (2021-present)
Water scarcity is a perennial problem with dire consequences for the United States and governments around the world. A lack of adequate water resources is a systematic cause of environmental harm, economic damage, and societal division. Climate change has exacerbated these problems making water even more valuable and essential. Financial actors have turned water into the new oil. These large financial actors profiteer from buying and selling water without any interest in its actual use as an input of production. Instead, they typically seek to hold these rights until dire situations, like droughts and fires, cause temporary, but large, spikes …
Competition In The Global Law Market: Offshore Development Of The Statutory "Rule In Hastings-Bass", Andrew P. Morriss
Competition In The Global Law Market: Offshore Development Of The Statutory "Rule In Hastings-Bass", Andrew P. Morriss
Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)
This Article examines the competitive dynamics in the global law market through the lens of the statutory evolution of the Rule in Hastings-Bass across various International Financial Centers (IFCs). Following the UK Supreme Court’s 2013 decision in Pitt v Holt and Futter v Futter, which significantly restricted the judiciary’s ability to void trustee decisions under the Rule, seven IFCs (Jersey, Bermuda, The Bahamas, the Dubai International Financial Center, the Cayman Islands, and the British Virgin Islands) enacted statutes to preserve and clarify the Rule within their jurisdictions. These legislative actions highlight the strategic adaptations by IFCs to enhance their legal …
International Abolitionist Advocacy: The Rise Of Global Networks To Advance Human Rights And The Promise Of The Worldwise Campaign To Abolish Capital Punishment, John D. Bessler
Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)
The modern international human rights movement began with the U.N. Charter and the U.N. General Assembly’s adoption of the Universal Declaration of Human Rights. Although the movement to abolish the death penalty is rooted in the Enlightenment, global advocacy to halt executions and to abolish capital punishment has accelerated exponentially in recent decades. This Article discusses the origins of global networks to advance human rights and highlights the growing international advocacy, including by nation-states and nongovernmental organizations (“NGOs”), for a worldwide moratorium on executions and to abolish capital punishment altogether. The total number of countries conducting executions in the past …
Establishing A "Duty To Not Destroy": Using Fiduciary Duty To Hold Settler-Colonial States Responsible For Cultural And Linguistic Harms Committed Against Indigenous Students At Government-Run Boarding Schools, Kristina Mclaughlin
Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)
No abstract provided.
And They Would Have Gotten Away With It, If Not For Those Meddling Federales: Examining State Responses To Transnational Organized Crime And Developing A Policy Framework, Aaron Lutz
Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)
Transnational criminal organizations (TCOs) have begun expanding their enterprise into criminal gold mining in South America. This is causing widespread harm from human trafficking, pollution, and disease. These groups exploit vulnerable artisanal miners (ASMs) to provide a foothold in the gold mining industry and avoid the reach of states. This note examines the policy responses that South American countries have taken to this phenomenon and develops a policy framework for state actors moving against TCOs.
The End Of The Khmer Rouge Tribunal: Its Success And Legacy, Choongman Lee
The End Of The Khmer Rouge Tribunal: Its Success And Legacy, Choongman Lee
Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)
This note critically examines the effectiveness of the Extraordinary Chambers in the Courts of Cambodia (“ECCC”), in achieving justice against members of the Democratic Kampuchea, also known as the Khmer Rouge, and explores areas where the ECCC could influence international criminal law in the future. The analysis explores the structural flaws, political interference, and challenges faced by the ECCC, particularly in Cases 003 and 004. Despite these challenges, the court successfully convicted three individuals in Cases 001 and 002, providing a degree of justice for victims. Also, the ECCC’s unique features, such as the super-majority rule, victim-centered approach, and residual …
Human Rights And Foreign Policy: South Africa's Genocide Complaint Against Israel At The International Court Of Justice, Penelope Andrews
Human Rights And Foreign Policy: South Africa's Genocide Complaint Against Israel At The International Court Of Justice, Penelope Andrews
Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)
No abstract provided.
Revival Of Industrial Policy Implications For International Trade Law, Yong-Shik Lee
Revival Of Industrial Policy Implications For International Trade Law, Yong-Shik Lee
Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)
In recent years, the world’s major economies, such as the United States, China, and the European Union, have adopted policies that aim to promote domestic industries in strategic areas, such as semiconductors and electric vehicles, through substantial subsidization. These policies have been justified for the need to secure supply chains and protect national security interests, but they are also incompatible with the rules of international trade law, such as the WTO Subsidies and Countervailing Measures Agreement. There are considerable challenges to addressing this incompatibility as these economies have shared interests in promoting these policies for their own domestic industries. The …
People Power And Police Policy: How Denying Intervenors In Pattern-Or-Practice Police Litigation Undermines Police Accountability, Alexander Lindenfelser
People Power And Police Policy: How Denying Intervenors In Pattern-Or-Practice Police Litigation Undermines Police Accountability, Alexander Lindenfelser
Minnesota Journal of Law & Inequality
No abstract provided.
Keynote Address: Envisioning Wage Justice, Ruben J. Garcia
Keynote Address: Envisioning Wage Justice, Ruben J. Garcia
Minnesota Journal of Law & Inequality
No abstract provided.
(Law) School To Prison Pipeline, Cheyenne Petrich
(Law) School To Prison Pipeline, Cheyenne Petrich
Minnesota Journal of Law & Inequality
No abstract provided.
From Abc To Ot: A Historical Critique Of The Flsa’S Unfair Overtime Exemption For Preschool Teachers, Anthony Alas
From Abc To Ot: A Historical Critique Of The Flsa’S Unfair Overtime Exemption For Preschool Teachers, Anthony Alas
Minnesota Journal of Law & Inequality
No abstract provided.