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- Minnesota Law Review, Vols. 1-106:1 (1917-2021) (3289)
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Articles 601 - 630 of 7364
Full-Text Articles in Law
Transition Administration, Michael Herz, Katherine Shaw
Transition Administration, Michael Herz, Katherine Shaw
Minnesota Law Review Vols. 106:2 onward (2021-present)
The period from November 3, 2020 to January 20, 2021, was unlike any presidential transition in our history. President Donald Trump refused to accept his ballot-box defeat, instead battling to overturn the election’s outcome. This dramatic public campaign was waged in state and federal courts, state legislatures, the offices of state and local election officials, the Department of Justice, and finally the halls of Congress, where on January 6, 2021, a mob incited by the President stormed the Capitol with the explicit goal of preventing the final counting of electoral votes for Joe Biden. These efforts had more mundane and …
Discriminatory Permissions And Structural Injustice, Lawrence G. Sager, Nelson Tebbe
Discriminatory Permissions And Structural Injustice, Lawrence G. Sager, Nelson Tebbe
Minnesota Law Review Vols. 106:2 onward (2021-present)
America is engaged in a nationwide conversation about conscience exemptions from equality laws. So far, that conflict has been debated in terms of religious liberty. Courts have asked whether religious actors like Hobby Lobby and Masterpiece Cakeshop are entitled to exemptions from civil rights laws and whether any such exemptions count as establishments of religion. This framing overlooks an important issue, namely whether any such exemptions violate the Equal Protection Clause. In this Article, we argue that explicit state enactments that both permit and encourage private discrimination against people subject to structural injustice can and should be invalidated by judges …
Tax Without Cash, Jeremy Bearer-Friend
Tax Without Cash, Jeremy Bearer-Friend
Minnesota Law Review Vols. 106:2 onward (2021-present)
This Article documents and evaluates tax obligations paid without cash, referred to as “in-kind tax paying.” Such forms of tax paying include paying federal income taxes by remitting a used flatbed truck to the IRS, paying local property taxes by working a few hours a month answering phones at city hall, and paying state excise taxes by conveying a proportion of all seashells farmed within a state to that state. These are not just hypotheticals, but forms of in-kind tax paying that occur in the United States throughout periods when many taxes are also paid in cash. Nevertheless, despite its …
Barring Entry To The Legal Profession: How The Law Condones Willful Blindness To The Bar Exam’S Racially Disparate Impacts, Eura Chang
Minnesota Law Review Vols. 106:2 onward (2021-present)
In 2020, only 14.1% of lawyers identified as BIPOC (Black, Indigenous, and People of Color), even though 40% of the United States population identified as such. Academics, activists, and attorneys point to a variety of reasons for this disproportion: underfunded public schools, astronomical student debt, standardized tests like the SAT and the LSAT, and many other institutional barriers that disproportionately affect members of the BIPOC community. This note_comment, however, focuses on the final hurdle that a BIPOC law graduate must overcome after a lifetime of persisting past the odds: the bar examination. Despite the bar exam’s exclusionary history and the …
Unconstitutional But Authorized: The Federal Tort Claims Act Should Not Immunize The United States When Federal Officers Violate The Constitution, Daniel Raddenbach
Unconstitutional But Authorized: The Federal Tort Claims Act Should Not Immunize The United States When Federal Officers Violate The Constitution, Daniel Raddenbach
Minnesota Law Review Vols. 106:2 onward (2021-present)
To protect its legitimacy, a democratic system like the United States must ensure that the government is at least as accountable for its bad acts as any private actor. Thus, if the government wrongs a citizen via an unconstitutional or tortious act, that citizen should be able to sue the government for redress. It is deeply troubling, therefore, that most such lawsuits against the United States government are dead on arrival—no matter even if the lawsuit involves a government officer who violated a citizen’s constitutional rights. The United States is protected from almost all liability by the sovereign immunity doctrine—the …
Boilerplate Collusion: Clause Aggregation, Antitrust Law, & Contract Governance, Orly Lobel
Boilerplate Collusion: Clause Aggregation, Antitrust Law, & Contract Governance, Orly Lobel
Minnesota Law Review Vols. 106:2 onward (2021-present)
Contract clauses should be assessed in relation to each other when examining their meaning, validity, and enforcement. In contemporary markets, drafters create impenetrable bundles of clauses and sets of interrelated contracts operating together. This Article exposes the ways that a contract is larger than the sum of its separate clauses and a set of interrelated contracts is more harmful than the aggregation of each contract on its own. The Article further shows that contract adjudication embeds these insights intuitively, but both contract law and antitrust law have yet to develop a principled and consistent analysis of how contract clauses collude …
Walter Mondale And His Crusade For Public Accountability, Lawrence J. Jacobs
Walter Mondale And His Crusade For Public Accountability, Lawrence J. Jacobs
Minnesota Law Review Vols. 106:2 onward (2021-present)
This volume of Minnesota Law Review is dedicated to the memory of the Honorable Walter F. Mondale, former Vice President of the United States of America. A 1956 graduate of the University of Minnesota Law School and an editor of Minnesota Law Review Volume 39, Mondale was the 42nd Vice President of the United States, serving in office from 1977 to 1981. Following his inauguration, Vice President Mondale became the modern prototype of an activist Vice President, transforming the role from titular figurehead to valued advisor. Prior to his Vice Presidency, Mondale served as U.S. Senator for Minnesota from 1964 …
Cjeu Déjà Vu: Facilitating International Data Transfers And Avoiding Internet Balkanization In The Wake Of Schrems Ii By Enacting Targeted Reforms To Us Surveillance Practices, Jordan Francis
Minnesota Law Review Vols. 106:2 onward (2021-present)
Private and public actors collect and retain vast amounts of personal data. Governments have responded to this data revolution by passing data protection laws, which limit the collection, use, storage, and disclosure of personal data. The most comprehensive data protection scheme exists in the European Union, where the right to protection of personal data is guaranteed as a fundamental freedom. The General Data Protection Regulation (GDPR) gives that right substance by establishing a comprehensive regulatory scheme that applies to any entity processing personal data concerning an EU citizen, whether that entity is located in the EU or not. The GDPR …
Managing Covid-19: Legal And Institutional Issues, Yon-Shik Lee
Managing Covid-19: Legal And Institutional Issues, Yon-Shik Lee
Minnesota Journal of Law, Science & Technology
No abstract provided.
Refunding The Community: What Defunding Mpd Means And Why It Is Urgent And Realistic, Jli Vol. 39 Editorial Board
Refunding The Community: What Defunding Mpd Means And Why It Is Urgent And Realistic, Jli Vol. 39 Editorial Board
Minnesota Journal of Law & Inequality
No abstract provided.
The $2 Billion-Plus Price Of Injustice: A Methodological Map For Police Reform In The George Floyd Era, David Schultz
The $2 Billion-Plus Price Of Injustice: A Methodological Map For Police Reform In The George Floyd Era, David Schultz
Minnesota Journal of Law & Inequality
No abstract provided.
George Floyd’S Legacy: Reforming, Relating, And Rethinking Through Chauvin’S Conviction And Appeal Under A Felony-Murder Doctrine Long-Weaponized Against People Of Color, Greg Egan
Minnesota Journal of Law & Inequality
No abstract provided.
Prologue, Navin Ramalingam
Prologue, Navin Ramalingam
Minnesota Journal of Law & Inequality
No abstract provided.
Entrenched Racial Hierarchy: Educational Inequality From The Cradle To The Lsat, Kevin Woodson
Entrenched Racial Hierarchy: Educational Inequality From The Cradle To The Lsat, Kevin Woodson
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
For my contribution to this special issue of the Minnesota Law Review, I will attempt to situate the problem of black underrepresentation at America’s law schools within the broader context of racial hierarchy in American society. The former has generated an extensive body of legal scholarship and commentary, centering primarily on the racial impact of law schools’ admissions criteria and procedures, particularly the substantial weight placed upon the Law School Admissions Test (“LSAT”). This focus is understandable: given the substantial racial disparities in LSAT performance and the test’s relatively limited value in predicting academic and professional outcomes, it makes sense …
Mending Mepa Analysis: Properly Addressing Climate Change Costs Under The Minnesota Environmental Policy Act, Brent Murcia
Mending Mepa Analysis: Properly Addressing Climate Change Costs Under The Minnesota Environmental Policy Act, Brent Murcia
Minnesota Journal of Law, Science & Technology
No abstract provided.
When Claims About Lollipops Are Best Kept Under Wraps: Can The Fda Regulate Off-Label Speech?, Emily Moss
When Claims About Lollipops Are Best Kept Under Wraps: Can The Fda Regulate Off-Label Speech?, Emily Moss
Minnesota Journal of Law, Science & Technology
No abstract provided.
Ending Black America's Permanent Economic Recession: Direct And Indirect Job Creation And Affirmative Action Are Necessary, Algernon Austin
Ending Black America's Permanent Economic Recession: Direct And Indirect Job Creation And Affirmative Action Are Necessary, Algernon Austin
Minnesota Journal of Law & Inequality
No abstract provided.
Expanding The Extraordinary: Expungements In Minnesota, Alena Simon
Expanding The Extraordinary: Expungements In Minnesota, Alena Simon
Minnesota Journal of Law & Inequality
No abstract provided.
Ain't No Taxing High Enough: Using Land Value Taxation To Combat The Nation's Rental Affordability Crisis, Robert Stephen Earnest
Ain't No Taxing High Enough: Using Land Value Taxation To Combat The Nation's Rental Affordability Crisis, Robert Stephen Earnest
Minnesota Journal of Law & Inequality
No abstract provided.
Constructing Identities Of Deservedness: Public Housing And Post-Wwii Economic Planning Efforts, Prentiss A. Dantzler, Jason D. Rivera
Constructing Identities Of Deservedness: Public Housing And Post-Wwii Economic Planning Efforts, Prentiss A. Dantzler, Jason D. Rivera
Minnesota Journal of Law & Inequality
No abstract provided.
Improving Board Decisions: The Promise Of Diversity, Cindy A. Schipani
Improving Board Decisions: The Promise Of Diversity, Cindy A. Schipani
Minnesota Journal of Law & Inequality
No abstract provided.
The Shackled Sexual Assault Victim: Trauma, Resistance, And Criminal Justice Violations Of An Indigenous Woman, Melanie Randall
The Shackled Sexual Assault Victim: Trauma, Resistance, And Criminal Justice Violations Of An Indigenous Woman, Melanie Randall
Minnesota Journal of Law & Inequality
No abstract provided.
Paying Unpayable Debts: Juvenile Restitution And Its Shortcomings In Hennepin County, Minnesota, Anwen Parrott
Paying Unpayable Debts: Juvenile Restitution And Its Shortcomings In Hennepin County, Minnesota, Anwen Parrott
Minnesota Journal of Law & Inequality
No abstract provided.
Social Distancing With Your Doctor: The Promise Of Telemedicine In Medicare And Medicaid, And How To Pay For It, Jacob Hauschild
Social Distancing With Your Doctor: The Promise Of Telemedicine In Medicare And Medicaid, And How To Pay For It, Jacob Hauschild
Minnesota Journal of Law, Science & Technology
No abstract provided.
Medicate And Segregate: How Due Process Fails To Protect Mentally Ill Inmates From Medically Inappropriate Confinement And Restraint, Peter J. Teravskis
Medicate And Segregate: How Due Process Fails To Protect Mentally Ill Inmates From Medically Inappropriate Confinement And Restraint, Peter J. Teravskis
Minnesota Journal of Law, Science & Technology
No abstract provided.
Covid-19: A Crisis And An Opportunity To Improve The Emergency Use Authorization Process, Daniel Walsh
Covid-19: A Crisis And An Opportunity To Improve The Emergency Use Authorization Process, Daniel Walsh
Minnesota Journal of Law, Science & Technology
No abstract provided.
Striking A Balance: Rapid Reporting Laws Combined With Farmed Animal Welfare Laws As An Alternative To Ag-Gag Statutes, Jennifer Satterfield
Striking A Balance: Rapid Reporting Laws Combined With Farmed Animal Welfare Laws As An Alternative To Ag-Gag Statutes, Jennifer Satterfield
Minnesota Journal of Law, Science & Technology
No abstract provided.
An Overlooked Dimension To Oira Review Of Tax Regulatory Actions, Kristin E. Hickman
An Overlooked Dimension To Oira Review Of Tax Regulatory Actions, Kristin E. Hickman
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
In April 2018, the Treasury Department and the Office of Information and Regulatory Affairs (OIRA) signed a Memorandum of Agreement reversing an exemption and providing for the first time that significant tax regulatory actions would be subject to OIRA review under Executive Order 12866. The transition to the Biden administration has raised questions whether the Memorandum of Agreement should be reversed and most tax rules and regulations again exempted from OIRA review. Critiques of OIRA review in the tax context generally focus on disagreements over whether the benefit-cost analysis required by Executive Order 12866 is useful or should rely on …
The Rule Of Reason As A Discovery Procedure: A Response To Ramsi Woodcock’S Hidden Rules Of A Modern Antitrust, Geoffrey A. Manne
The Rule Of Reason As A Discovery Procedure: A Response To Ramsi Woodcock’S Hidden Rules Of A Modern Antitrust, Geoffrey A. Manne
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
In The Hidden Rules of a Modern Antitrust, Ramsi Woodcock argues that courts’ systematic use of the rule of reason, which underpins most of contemporary antitrust law, effectively amounts to an unwarranted blanket exemption from liability for potentially egregious practices. According to Woodcock, this is due to the interaction between the exorbitant cost of prosecuting cases under this standard (compared to the cost of enforcing per se rules), the courts’ increasing application of the rule of reason, and the shrinking budgets of antitrust enforcement agencies. As this Response discusses, Woodcock’s bold claims ignore or misconstrue several critical aspects of the …
Winning What’S Owed: A Litigative Approach To Reparations, Daniel P. Suitor
Winning What’S Owed: A Litigative Approach To Reparations, Daniel P. Suitor
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
The continuing effects of slavery are still felt by millions of Black Americans today. A century-and-a-half after the formal end of their enslavement, Black people still suffer the deleterious effects of systemic racism in fundamental areas of their lives. The persistent disparities in health, economic, education, and carceral outcomes of Black people demand that our society take equitable action to ensure all people can fully enjoy the lives and liberties they are entitled to. Despite this call to action, reparations for slavery remain deeply unpopular with the American public. Renewed interest in a federal law proposing a commission to study …