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- Minnesota Law Review, Vols. 1-106:1 (1917-2021) (3289)
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Articles 631 - 660 of 7364
Full-Text Articles in Law
States, The Final Frontier: How Minnesota’S State Constitution Can Serve As New Ammunition In The Fight Against Prison Gerrymandering, Meredith Gingold
States, The Final Frontier: How Minnesota’S State Constitution Can Serve As New Ammunition In The Fight Against Prison Gerrymandering, Meredith Gingold
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
“Prison gerrymandering” is the term for the United States Census Bureau’s practice of counting incarcerated individuals toward the population of the district where they are incarcerated, not the district where they resided before incarceration. Prison gerrymandering systematically transfers population and political power from urban districts to rural districts, as the majority of prisoners are from cities while prisons are disproportionately located in rural areas. While many states have proposed laws to curtail the practice, most states have not succeeded in abolishing the practice entirely. Although a federal court case challenging prison gerrymandering via the Equal Protection Clause has found some …
The Influence Of Alice: A Response To Jay P. Kesan & Runhua Wang’S Eligible Subject Matter At The Patent Office: An Empirical Study Of The Influence Of Alice On Patent Examiners And Patent Applicants, Daryl Lim
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
The Supreme Court’s decision in Alice Corp. v. CLS Bank has had a decimating influence on patents and patent applications. Its long shadow looms over every stage of a patent’s life cycle—from prosecution to litigation and the administrative post-grant process at the patent office. In their article, Professor Jay Kesan and Dr. Runhua Wang offer a penetrating look at Alice’s influence on software, business methods and bioinformatics, all key technologies powering our modern economy. This Response sets out the relevant law on patent eligibility, contextualizes the Authors’ key findings on bioinformatics applications against that legal framework, and considers whether Congress, …
In Trust, Data, Keith Porcaro
In Trust, Data, Keith Porcaro
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
This Essay explores how the trust, and specifically the asset management functions that trust law affords, can be used to ameliorate select digital governance challenges. A trust’s ability to isolate assets can protect public interest technology projects against organizational failure, facilitate archiving and study of proprietary and deprecated software, and help multi-party data-sharing collaborations manage complex value allocations. The equitable remedies that a trust makes available can facilitate a strong, norm-setting form of data license that enables beneficiaries to claw back unauthorized data derivatives. I also briefly critique the increasing prevalence of “data trusts” as a catch-all term for community …
Completing The Quantum Of Evidence: A Response To Daniel Capra And Liesa Richter’S Evidentiary Irony And The Incomplete Rule Of Completeness, Edward K. Cheng, Brooke Bowerman
Completing The Quantum Of Evidence: A Response To Daniel Capra And Liesa Richter’S Evidentiary Irony And The Incomplete Rule Of Completeness, Edward K. Cheng, Brooke Bowerman
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
In Evidentiary Irony and the Incomplete Rule of Completeness, Daniel Capra and Liesa Richter propose an amendment to Federal Rule of Evidence 106, the “rule of completeness,” that formally recognizes the Rule’s trumping power over objections to hearsay. In this Response, we suggest a conceptual framework to support Capra and Richter’s proposal. We argue that the rule of completeness defines what is effectively a “quantum” for evidence law. Specifically, when a party offers evidence, Rule 106 demands that the proponent offer either the whole quantum of evidence or none of it at all. This framework helps explain why Rule 106 …
Ai Patents And The Self-Assembling Machine, Dan L. Burk
Ai Patents And The Self-Assembling Machine, Dan L. Burk
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
Legal scholarship has begun to consider the implications of algorithmic pattern recognition systems, colloquially dubbed “artificial intelligence” or “AI,” for intellectual property law. This emerging literature includes several analyses that breathlessly proclaim the imminent overthrow of intellectual property systems as we now know them. Indeed, some commentators have prophesied the demise of patentable innovation under the influence of AI research and development tools. Although AI systems pose fundamental challenges to many areas of law and legal institutions, careful consideration suggests that intellectual property generally, and the patent system particularly, encompasses sufficient flexibilities to address AI innovation. In many cases, previous …
Who Will Be Liable For Medical Malpractice In The Future? How The Use Of Artificial Intelligence In Medicine Will Shape Medical Tort Law, Scott J. Schwelkart
Who Will Be Liable For Medical Malpractice In The Future? How The Use Of Artificial Intelligence In Medicine Will Shape Medical Tort Law, Scott J. Schwelkart
Minnesota Journal of Law, Science & Technology
No abstract provided.
Antitrust Policy Toward Patent Licensing: Why Negotiation Matters, Daniel F. Spulber
Antitrust Policy Toward Patent Licensing: Why Negotiation Matters, Daniel F. Spulber
Minnesota Journal of Law, Science & Technology
No abstract provided.
The Bill Of Lading On The Blockchain: An Analysis Of Its Compatibility With International Rules On Commercial Transactions, Mark L. Shope
The Bill Of Lading On The Blockchain: An Analysis Of Its Compatibility With International Rules On Commercial Transactions, Mark L. Shope
Minnesota Journal of Law, Science & Technology
No abstract provided.
This Is Minnesota: An Analysis Of Disparities In Black Student Enrollment At The University Of Minnesota Law School And The Effects Of Systemic Barriers To Black Representation In The Law, Maleah Riley-Brown, Samia Osman, Justice C. Shannon, Yemaya Hanna
This Is Minnesota: An Analysis Of Disparities In Black Student Enrollment At The University Of Minnesota Law School And The Effects Of Systemic Barriers To Black Representation In The Law, Maleah Riley-Brown, Samia Osman, Justice C. Shannon, Yemaya Hanna
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
Lawyers often occupy powerful positions in our society and can have a profound impact in designing and changing laws, influencing major policy regimes, and leading cities and communities. Further, the law is often lauded as a method to promote a system of justice and fairness. But for too long, the law has enforced a system of justice based in White supremacy and oppression. Laws were designed and implemented to steal land from indigenous communities, to enslave and oppress Africans, and to force Japanese-Americans into internment camps, amongst many other atrocities. To this day, the law is used to both expand …
Reproducing Race In An Era Of Reckoning, Dov Fox
Reproducing Race In An Era Of Reckoning, Dov Fox
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
What place should racial preferences have when people make a family? People might have all sorts of reasons for caring about race in their search for a romantic partner, sperm or egg donor, or child to foster or adopt. Maybe they think such resemblance will make it easier for them to bond with their kids, or easier for others to appreciate they are the parents. A growing school of legal scholars condemns racial matching in the buying and selling of reproductive materials specifically—on the ground that it shores up racial hierarchy and promotes eugenic logic. I see two problems with …
Renewable Energy And Trade: Meeting The Paris Agreement’S Goals Through A Two-Step Jurisprudential Advance, Lisa Benjamin
Renewable Energy And Trade: Meeting The Paris Agreement’S Goals Through A Two-Step Jurisprudential Advance, Lisa Benjamin
Minnesota Journal of Law, Science & Technology
No abstract provided.
Legal Analysis, Policy Analysis, And The Price Of Deference: An Empirical Study Of Mayo And Chevron, Jonathan H. Choi
Legal Analysis, Policy Analysis, And The Price Of Deference: An Empirical Study Of Mayo And Chevron, Jonathan H. Choi
Articles
No abstract provided.
Amnesty And Section Three Of The Fourteenth Amendment, Gerard N. Magliocca
Amnesty And Section Three Of The Fourteenth Amendment, Gerard N. Magliocca
Constitutional Commentary, Vols 1–36 (1984–2022)
No abstract provided.
Propertied Rites, Kellen R. Funk
Propertied Rites, Kellen R. Funk
Constitutional Commentary, Vols 1–36 (1984–2022)
No abstract provided.
Second Look = Second Chance: Turning The Tide Through Nacdl's Model Second Look Legislation, Janeanne Murray, Sean Hecker, Michael Skocpol, Marissa Elkins
Second Look = Second Chance: Turning The Tide Through Nacdl's Model Second Look Legislation, Janeanne Murray, Sean Hecker, Michael Skocpol, Marissa Elkins
Articles
No abstract provided.
Macdl Weighs In On The Most Consequential Pardon Case In 125 Years, Janeanne Murray
Macdl Weighs In On The Most Consequential Pardon Case In 125 Years, Janeanne Murray
Articles
No abstract provided.
Legislative Administration, Maria Ponomarenko
Legislative Administration, Maria Ponomarenko
Articles
A distinct feature of local administrative practice is that many of the entities responsible for “administering” various statutory schemes are not in fact agencies at all. In jurisdictions large and small, local legislative bodies, including municipal councils and county boards, engage in a great deal of “administrative” activity. They grant permits, approve zoning variances, and hear disciplinary appeals. And in performing these functions they, at least in theory, are subject to the same procedural requirements and substantive standards of review that would apply if the decisions were made instead by an administrative entity. The problem, as courts occasionally have recognized, …
Presidential Law, Shalev Roisman
Presidential Law, Shalev Roisman
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
The Corrosion Critique Of Benefit Corporations, Brett Mcdonnell
The Corrosion Critique Of Benefit Corporations, Brett Mcdonnell
Articles
This Article evaluates what it labels the corrosion critique of benefit corporation statutes. These statutes have emerged as the leading new statutory alternative to enable and encourage social enterprises, businesses which seek both to generate financial returns for their investors while also pursuing social missions. Some persons who strongly support social enterprises have criticized benefit corporation statutes, arguing that they create a mistaken impression that companies organized under ordinary corporation statutes cannot consider the interests of non-shareholder stakeholders except insofar as doing so benefits shareholders in the long run. This corrosive effect on the understanding of most corporations may impede …
Injurers Versus Victims: (A)Symmetric Reactions To Symmetric Risks, Francesco Parisi, Alice Guerra
Injurers Versus Victims: (A)Symmetric Reactions To Symmetric Risks, Francesco Parisi, Alice Guerra
Articles
Tort models assume symmetry in the behavior of injurers and victims when faced by a threat of liability and a risk of harm without compensation, respectively. This assumption has never been empirically validated. Using a novel experimental design, we study the behavior of injurers and victims when facing symmetric accident risks. Experimental results provide qualified support for the symmetric behavior hypothesis.
Early Repayment Of Loans Under Eu Law: The Lexitor Judgment, Enrico Baffi, Francesco Parisi
Early Repayment Of Loans Under Eu Law: The Lexitor Judgment, Enrico Baffi, Francesco Parisi
Articles
Recent changes in EU law provide flexibility and protection to consumers, facilitating early repayment of loans, when the consumer is no longer interested in continuing a credit relationship. From an economic point of view, early repayment of loans should be facilitated, because it allows money that is no longer needed to be put to other desirable uses. Under current EU law, as recently interpreted in the Lexitor judgment by the Court of Justice of the European Union, upon early repayment of a loan, consumers can obtain a pro-rated reimbursement of all the up-front and recurring costs of the loan, including …
Judicial Restoration Of Rights As An Auxiliary To The Pardon Power, Janeanne Murray
Judicial Restoration Of Rights As An Auxiliary To The Pardon Power, Janeanne Murray
Articles
No abstract provided.
What Both Hart And Fuller Got Wrong, Oren Gross
Catching Unfitness, Jon J. Lee
Uncoupling, June Carbone, Naomi Cahn
The Law Of Energy Exports, Alexandra Klass, Shantal Pai
The Law Of Energy Exports, Alexandra Klass, Shantal Pai
Articles
No abstract provided.
Extraterritorial Damages In Patent Law, Tom Cotter
Energy Transitions In The Trump Administration And Beyond, Alexandra Klass
Energy Transitions In The Trump Administration And Beyond, Alexandra Klass
Articles
No abstract provided.
Cybersecurity For Idiots, Derek E. Bambauer
Cybersecurity For Idiots, Derek E. Bambauer
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
No abstract provided.
Water Resources In The Anthropocene: Cause For War Or Cooperation?, Waseem Ahmad Qureshi
Water Resources In The Anthropocene: Cause For War Or Cooperation?, Waseem Ahmad Qureshi
Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)
No abstract provided.