Substantial Government Interference with Prosecution Witnesses: The Ninth Circuit’s Decision in United States v. Juan
On January 7, 2013, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued its decision in United States v. Juan. As a matter of first impression, the Ninth Circuit held that the constitutional proscription on substantial governmental interference with defense witnesses also applies to prosecution witnesses. By extending the “substantial [...]
Sonia Sotomayor: Role Model of Empathy and Purposeful Ambition
In writing her memoir, My Beloved World, U.S. Supreme Court Justice Sonia Sotomayor expressly acknowledges that she is a public role model and embraces this responsibility by making herself accessible to a broad audience. As a public figure, she sees an opportunity to connect with others through an account of her life journey, with details [...]
A Global Collection: Reviewing The Global Limits of Competition Law
The Global Limits of Competition Law is the first installment in Daniel Sokol’s and Ioannis Lianos’s ambitious new series from Stanford University Press, Global Competition Law and Economics. The project is ambitious because it takes on a potentially unbounded topic, and one that is constantly changing. It is also ambitious because Sokol and Lianos enter [...]
When Too Little Is Too Much: Why the Supreme Court Should Either Explain Its Opinions or Keep Them to Itself
In 1972, the Supreme Court released what appears on its face to be one of the simplest opinions in its history. That decision, Baker v. Nelson, read, in its entirety: “The appeal is dismissed for want of a substantial federal question.” That’s it. Eleven straightforward words. But, as is often the case in the law, [...]
Speech, Citizenry, and the Market: A Corporate Public Figure Doctrine
Corporate speech is out of balance. Corporations now enjoy expanded speech rights, but the ability to speak about corporations is restricted. This situation must change. That corporations are people for First Amendment questions is a fait accompli. We can debate the merits or wisdom of that fact, but the fact remains. This Article argues that [...]
Tattoos & IP Norms
The U.S. tattoo industry generates billions of dollars in annual revenue. Like the music, film, and publishing industries, it derives value from the creation of new, original works of authorship. But unlike rights holders in those more traditional creative industries, tattoo artists rarely assert formal legal rights in disputes over copying or ownership of the [...]
Casual Ostracism: Jury Exclusion on the Basis of Criminal Convictions
Statutes in forty-eight states permit the exclusion of those with felony convictions from criminal juries; thirteen states permit the exclusion of those with misdemeanor convictions. The reasons given for these exclusions, which include the assumption that those with convictions must be embittered against the state, do not justify their costs. The procedural justice model suggests [...]
Government Nonendorsement
What are the constitutional limits on government endorsement? Judges and scholars typically assume that when the government speaks on its own account, it faces few restrictions. In fact, they often say that the only real restriction on government speech is the Establishment Clause. On this view, officials cannot endorse Christianity but they enjoy wide latitude [...]
Blocking Blocks at the Border: Examining Standard-Essential Patent Litigation Between Domestic Companies at the ITC
The United States International Trade Commission was created to protect domestic industry and American workers from illegal foreign trade practices. Increasingly, domestic companies have turned to the ITC seeking relief for the infringement of standard-essential patents (SEPs) by other domestic companies. In exchange for having their patented technologies adopted as an industry-wide standard, these companies [...]
Amending Title VII to Safeguard the Viability of Retaliation Claims
Before a victim of employment discrimination can pursue her claims in federal court, she must first exhaust her administrative remedies. This is done by filing a charge with the Equal Employment Opportunity Commission or an equivalent state agency. After reviewing and investigating the charge, the EEOC usually issues a “right-to-sue” letter, signaling that the employee [...]
What’s My Age Again? The Immigrant Age Problem in the Criminal Justice System
Each year, immigrants arrive in the United States without knowing their exact age. When they arrive, United States Citizenship and Immigration Service (USCIS) provides each immigrant official documents that list personal information, including a birth date. When immigrants do not know their exact age, USCIS allows them to use an estimated birth date. As a [...]
News & Events
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Omarova Article Helps Instigate Regulatory Change
Law professor and blogger Frank Pasquale recently published a post in response to a scathing critique of law journals by Times journalist Adam Liptak. Pasquale notes that law journals can actually help instigate change and cites, as an example, Saule T. Omarova’s article The Merchants of Wall Street: Banking, Commerce, [...]
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Mark Schneider’s Symposium Presentation Now Available
View Mark Schneider’s presentation from the Minnesota Law Review Symposium, International Labor Law: Opportunity, Solution, or Intrusion.
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Volume 98 Submissions Are Now Closed
The Minnesota Law Review is no longer accepting submissions for Volume 98. Thank you to everyone who submitted articles, and we hope you will continue submitting to the Minnesota Law Review in the future. Submissions will open again in Spring 2013 for Volume 99. For more information on submitting to [...]
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The Summer Submissions Period Is Now Open
The Minnesota Law Review is now accepting submissions. Submissions will continue until Volume 98 is filled. In previous years, submissions have remained open until early September. The Minnesota Law Review will consider for publication in its print edition any original work focusing on any topic or field in the law. Authors [...]
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Minnesota Law Review Volume 98 Announces New Editors and Staffers
The Minnesota Law Review welcomes the new editorial board and staffers for Volume 98! We’re looking forward to a great year for our staffers, editors, alumni, authors, and readers. Below find the new, Volume 98 Masthead. The Volume 98 Masthead is also available for download here.
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