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- Minnesota Law Review, Vols. 1-106:1 (1917-2021) (3289)
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Articles 691 - 720 of 7364
Full-Text Articles in Law
Overcoming International Intertia: The Creation Of War Manual For Lethal Autonomous Weapons Systems, Jay Ettinger
Overcoming International Intertia: The Creation Of War Manual For Lethal Autonomous Weapons Systems, Jay Ettinger
Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)
No abstract provided.
Making The "Best" Better: Transferring Best Interests Determinations To Tribes As A Solution To The Ongoing Post-Colonial Indigenous Child Welfare Crisis, Amanda Tesarek
Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)
No abstract provided.
Establishing An Integrated Judiciary To Facilitate The African Continental Free Trade Area, Ansel Kebede Brown
Establishing An Integrated Judiciary To Facilitate The African Continental Free Trade Area, Ansel Kebede Brown
Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)
No abstract provided.
Rethinking Fda Regulation Of Complex Products, Philip E. Alford
Rethinking Fda Regulation Of Complex Products, Philip E. Alford
Minnesota Journal of Law, Science & Technology
No abstract provided.
Public Health Vs. Public Health: Balancing Environmental Concerns With The Need For Sterile Medical Devices, Jack Brooksbank
Public Health Vs. Public Health: Balancing Environmental Concerns With The Need For Sterile Medical Devices, Jack Brooksbank
Minnesota Journal of Law, Science & Technology
No abstract provided.
Bostock, Lgbt Discrimination, And The Subtractive Moves, Andrew Koppelman
Bostock, Lgbt Discrimination, And The Subtractive Moves, Andrew Koppelman
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
In Bostock v. Clayton County, the Supreme Court held that Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment, covers discrimination on the basis of sexual orientation and gender identity. The dissenting Justices, following the reasoning of several Court of Appeals judges, embraced a series of subtractive argumentative moves in order to argue that the statute does not prohibit discrimination that is explicitly within its scope, and which is part of the mischief that the statute aims to remedy. This article catalogues and critiques the subtractive moves. One may focus on (1) the law’s …
Reconstruction In Legal Theory, George Rutherglen
Reconstruction In Legal Theory, George Rutherglen
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
This essay examines the well-known difficulties encountered by legal theorists in offering a justification for Brown v. Board of Education in the immediate aftermath of the decision. It locates these difficulties in the inadequacy of legal theory at the time, which had taken a turn away from normative principles towards facts in legal positivism and legal realism. Neither provided a compelling rationale for overturning the regime of Jim Crow, which had been sanctioned by constitutional precedent for decades. Revisionist history and moral principle, instead, had to be revived to take a central role in legal theory and they eventually furnished …
Reconciling Ideals: Restorative Justice As An Alternative To Sentencing Enhancements For Hate Crimes, Olivia Levinson
Reconciling Ideals: Restorative Justice As An Alternative To Sentencing Enhancements For Hate Crimes, Olivia Levinson
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009 (“the Act”) was seen as a significant step forward in legal protections for LGBTQ+ people and racial minorities. It expanded the federal definition of hate crimes to include gender, disability, gender identity, and sexual orientation, and made it easier to prosecute race- and religion-motivated crimes. Ironically, the sentencing enhancements provided for by the Act feed the same hyper-carceral system that disproportionately impacts LBGTQ+ and racial minority groups. These enhancements do little to address the causes of hate crimes or bridge understanding in diverse communities. Indeed, hate crime …
Case-Linked Jurisdiction And Busybody States, Howard M. Erichson, John C.P. Goldberg, Benjamin C. Zipursky
Case-Linked Jurisdiction And Busybody States, Howard M. Erichson, John C.P. Goldberg, Benjamin C. Zipursky
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
Beginning with Justice Ginsburg’s 2011 opinion in the Goodyear case—and echoed in Justice Thomas’s 2014 opinion in Walden v. Fiore and Justice Alito’s 2017 opinion in Bristol-Myers Squibb v. Superior Court—the Supreme Court has suggested that the distinctiveness of specific personal jurisdiction (in contrast to general jurisdiction) resides in its being “case-linked.” However, to date, the Justices have not spelled out what it takes for a defendant’s contacts with a forum to be case-linked, although they now have an opportunity to do so in a pair of personal injury cases brought against Ford Motor Company. This article aims to provide …
Nonessential Businesses And Liability Waivers In The Time Of Covid-19, Zahra Takhshid
Nonessential Businesses And Liability Waivers In The Time Of Covid-19, Zahra Takhshid
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
States are gradually reopening after months of lockdown. However, the risk of exposure to the deadly COVID-19 virus still remains. While states would like to have the economy up and running, the price that small businesses may be forced to pay following possible coronavirus personal injury lawsuits may drive them out of business. Nonessential businesses, such as dine-in restaurants, will turn to waivers of liability to insulate themselves from COVID-19 related liability: an area known as assumption of risk. This essay argues that in this climate of crisis, and due to the invisible nature of the virus, waivers are an …
Legal Writing’S Harmful Psyche, Kevin Bennardo
Legal Writing’S Harmful Psyche, Kevin Bennardo
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
This essay argues that many in the legal writing discipline view themselves in a way that is harmful to the discipline’s success. First, the essay establishes that many legal writing professors view themselves as victims of oppression within the legal academy. Second, it relies on social psychology research to demonstrate that viewing oneself as a victim carries consequences. Groups that self-identify as victims tend to have an elevated sense of in-group solidarity and a diminished sense of personal responsibility. These attributes are both present in the legal writing community. Third, the essay demonstrates that these attributes are harmful in the …
Navigating College Athlete Endorsements Around School Sponsorships, Campbell Sode
Navigating College Athlete Endorsements Around School Sponsorships, Campbell Sode
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
Colleges generally resist formal employment relationships with their athletes. But pending NCAA rules that will allow college athletes to solicit third-party endorsements are a game-changer. College athletic departments have lucrative partnerships with companies like Nike. These school sponsors derive significant intrinsic value from the fact that millions of fans will see college athletes using their gear during games and in team-related posts on personal social media accounts, which can accrue countless followers. Yet college athletes might soon be able to solicit competing endorsement offers and accept financially superior partnerships with university sponsor rivals such as Adidas. Nike does not want …
Silencing Innovation: The Patent Eligibility Of Sirna Therapeutics, Alexander M. Walker
Silencing Innovation: The Patent Eligibility Of Sirna Therapeutics, Alexander M. Walker
Minnesota Journal of Law, Science & Technology
No abstract provided.
How The Covid-19 Pandemic Has And Should Reshape The American Safety Net, Andrew Hammond, Ariel Jurow Kleiman, Gabriel Scheffler
How The Covid-19 Pandemic Has And Should Reshape The American Safety Net, Andrew Hammond, Ariel Jurow Kleiman, Gabriel Scheffler
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
The COVID-19 pandemic has delivered an unprecedented shock to the United States and the world. It is unclear precisely how long this crisis, which is both epidemiological and economic, will last, and it is difficult to gauge the extent and direction of the changes in American life these crises will cause. Nonetheless, it is beyond dispute that the COVID-19 pandemic is putting significant strain on both the ability of Americans to meet basic needs and our government’s capacity to assist them. Federal, state, and local governments have responded in various ways to deploy existing safety net programs like Medicaid, SNAP …
Rethinking Contemporary Counter-Piracy Policy, Hugh Fleming
Rethinking Contemporary Counter-Piracy Policy, Hugh Fleming
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
Traditional piracy often evokes the image of swashbuckling sailors, independent from the rest of society and roaming the seas to seek their fortune. The image has been heavily romanticized by Hollywood and other sources of popular folklore, much like the cowboys in the western United States. In reality, modern piracy presents a significant threat to the international community, by endangering innocent lives, interfering with important shipping routes, and imposing significant costs through enforcement efforts and ransoms paid to pirates. Yet piracy has proven exceedingly difficult to combat for a variety of reasons. This Essay examines and critiques current approaches to …
Not The Latest Science: National Recommended Water Quality Criteria For Aquatic Life Under The Clean Water Act, Sam B. Duggan, Christopher J. Kotalik
Not The Latest Science: National Recommended Water Quality Criteria For Aquatic Life Under The Clean Water Act, Sam B. Duggan, Christopher J. Kotalik
Minnesota Journal of Law, Science & Technology
No abstract provided.
Law, Technology, And Pedagogy: Teaching Coding To Build A “Future-Proof” Lawyer, Alfredo Contreras, Joe Mcgrath
Law, Technology, And Pedagogy: Teaching Coding To Build A “Future-Proof” Lawyer, Alfredo Contreras, Joe Mcgrath
Minnesota Journal of Law, Science & Technology
No abstract provided.
Not Intelligent: Encoding Gender Bias, Cara Tenenbaum
Not Intelligent: Encoding Gender Bias, Cara Tenenbaum
Minnesota Journal of Law, Science & Technology
No abstract provided.
Predicting Administrative Patent Challenges, Talia Bar, Brendan Costello
Predicting Administrative Patent Challenges, Talia Bar, Brendan Costello
Minnesota Journal of Law, Science & Technology
No abstract provided.
Cybersecurity, Privacy, And Artificial Intelligence: An Examination Of Legal Issues Surrounding The European Union General Data Protection Regulation And Autonomous Network Defense, Brandon W. Jackson
Cybersecurity, Privacy, And Artificial Intelligence: An Examination Of Legal Issues Surrounding The European Union General Data Protection Regulation And Autonomous Network Defense, Brandon W. Jackson
Minnesota Journal of Law, Science & Technology
No abstract provided.
Copyright Page 2020, Law & Inequality Editorial Board
Copyright Page 2020, Law & Inequality Editorial Board
Minnesota Journal of Law & Inequality
No abstract provided.
Volume 38 Masthead, Law & Inequality Editorial Board
Volume 38 Masthead, Law & Inequality Editorial Board
Minnesota Journal of Law & Inequality
No abstract provided.
Preventing #Metoo: Artificial Intelligence, The Law, And Prophylactics, James P. De Haan
Preventing #Metoo: Artificial Intelligence, The Law, And Prophylactics, James P. De Haan
Minnesota Journal of Law & Inequality
No abstract provided.
Volume 38 Issue 2 Table Of Contents, Law & Inequality Editorial Board
Volume 38 Issue 2 Table Of Contents, Law & Inequality Editorial Board
Minnesota Journal of Law & Inequality
No abstract provided.
Returning To Acosta: How In Re A-B- Exemplifies The Need To Abolish The "Socially Distinct" And "Particularity" Requirements For A Particular Social Group, Lauren Cherney
Minnesota Journal of Law & Inequality
No abstract provided.
As Tif: Missouri's Misguided Attempt To Reform Tax Increment Financing Deepens The Education Resource Gap, Mark Ficken
As Tif: Missouri's Misguided Attempt To Reform Tax Increment Financing Deepens The Education Resource Gap, Mark Ficken
Minnesota Journal of Law & Inequality
No abstract provided.
"For The Mutual Benefit Of Members Thereof": Attacking Capper-Volstead Immunity And Challenging Dairy Cooperative Power, Eduardo Castro
"For The Mutual Benefit Of Members Thereof": Attacking Capper-Volstead Immunity And Challenging Dairy Cooperative Power, Eduardo Castro
Minnesota Journal of Law & Inequality
No abstract provided.
Getting At The Root Instead Of The Branch: Extinguishing The Stereotype Of Black Intellectual Inferiority In American Education, A Long-Ignored Transitional Justice Project, Camille Lamar
Minnesota Journal of Law & Inequality
No abstract provided.
The Indiscretion Of Friends: Fourth Amendment Concerns About The Ability To Predict A Person’S Online Social Activity By Monitoring Her Contacts, George M. Dery Iii
The Indiscretion Of Friends: Fourth Amendment Concerns About The Ability To Predict A Person’S Online Social Activity By Monitoring Her Contacts, George M. Dery Iii
Minnesota Journal of Law, Science & Technology
No abstract provided.
Comment On Griffith's Deal Insurance: The Continuing Scramble Among Professionals, Abraham J.B. Cable
Comment On Griffith's Deal Insurance: The Continuing Scramble Among Professionals, Abraham J.B. Cable
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
In his recent article, Professor Sean Griffith observes a substantial development in the M&A market. Increasingly, buyers and sellers replace traditional deal terms with an insurance product representation and warranty insurance (“RWI”). This essay considers how this new product and the insurance professionals who sell and underwrite it affect the traditional role of M&A lawyers. It concludes that RWI, in its present form, does not substantially encroach on the traditional role of M&A lawyers. But it also notes that representations and warranties are ripe for technological innovation and that insurance professionals may be better positioned then lawyers to seize the …