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 [...]
Government Endorsement: A Reply to Nelson Tebbe’s Government Nonendorsement
In this response to Nelson Tebbe’s Government Nonendorsement, Abner Greene continues to develop his “thick perfectionist” view of government speech, arguing that the state may use its speech powers to advance various views of the good, from left, center, and right, even on controversial issues. Greene supports Tebbe’s view that there are some limits on [...]
Regulating Pollen
The most common allergen is pollen, and pollen causes the most common allergy, known as “hay fever.” While pollen allergies might appear to be the unavoidable cost of living with flowering plants, the suffering engendered by pollen allergies is largely our own creation. Plants will always flower, but people have built a world that increases [...]
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, [...]
National Security and the Constitution: A Conversation Between Walter F. Mondale and Robert A. Stein
Professor Robert A. Stein, Dean of the University of Minnesota Law School for fifteen years and former Chief Operating Officer of the American Bar Association, endowed this lecture series to enrich the program of the University of Minnesota Law School by inviting leaders of the bench and bar and of the governments of the United [...]
Exposed
The production of intimate media—amateur, sexually explicit photos and videos—by consenting partners creates social value that warrants increased copyright protection. The unauthorized distribution of these media, such as via revenge porn, threatens to chill their output. To date, scholarly attention to this problem has focused overwhelmingly on privacy and criminal law as responses, neglecting the [...]
Entrapped: A Reconceptualization of the Obedience to Orders Defense
“I was just following orders,” and, “The government made me do it,” are phrases from two different criminal law defenses: obedience to orders and entrapment. A military defense, obedience to orders allows a soldier to escape liability by arguing that she was obeying orders when she committed the supposed crime. The civilian defense of entrapment [...]
The Incidental Regulation of Policing
What do the laws governing municipal annexation, collective bargaining, and race-conscious employment decisions have in common? Each plays a significant and underappreciated role in shaping local law enforcement practices even though each, on its face, has nothing to do with policing. This Article explores the incidental regulation of policing, illustrating the concept with examples from [...]
A Theory for Deliberation-Oriented Stress Testing Regulation
This Article presents a theory for how policymakers should use stress testing as a tool of financial regulation. In finance, a stress test is an exercise gauging how an institution or system will respond to severe, yet plausible, stressed conditions such as stock market crashes, high unemployment rates, liquidity shortages, and high loan default rates. [...]
Crowdsourcing Public Health Experiments: A Response to Jonathan Darrow’s Crowdsourcing Clinical Trials
Response to Jonathan Darrow’s Crowdsourcing Clinical Trials. We are pleased to have this opportunity to respond to Jonathan Darrow’s article, Crowdsourcing Clinical Trials (CCT). We seek to highlight its important contributions and to commence debate over some of its arguments. In particular, we qualify the ethical arguments that characterize early clinical use of drugs as [...]
How Many Wrongs Make a Copyright?
Response to Derek Bambauer’s Exposed. Derek Bambauer’s provocative paper argues that, because the remedies available to people who suffer unconsented distribution of intimate images of themselves are insufficient, we should amend copyright law to fill the gap. Bambauer’s proposal requires significant changes to every part of copyright—what copyright seeks to encourage, who counts as an [...]
HIPAA-Cratic or HIPAA-Critical: U.S. Privacy Protections Should Be Guaranteed By Covered Entities Working Abroad
Clinical research has increasingly moved outside of U.S. borders sparking debate over the legal and ethical requirements for clinical researchers and research sponsors conducting studies overseas. Parallel to overseas research expansion, privacy and privacy rights in healthcare are being recognized as fundamental rights. The strength of privacy protections is being tested as medical records are [...]
Confronting Victims: Why the Statements of Young Victims of Heinous Crimes Must Still Be Subject to Cross-Examination
The case of Crawford v. Washington has turned upside down the traditional Confrontation Clause jurisprudence under Ohio v. Roberts. Now, prosecutors must produce for cross-examination the declarants of all testimonial hearsay that is admitted unless (1) the declarant is shown to be unavailable and (2) there has been a previous opportunity for cross-examination. However, a [...]
Legislating Corporate Social Responsibility: Expanding Social Disclosure Through the Resource Extraction Disclosure Rule
The United States has led a growing international effort to increase corporate transparency in the commercial development of natural resources. In 2010, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 1504 of this Act requires resource extraction companies to publically disclose, through the Securities and Exchange Commission (SEC), all payments made [...]
News & Events
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Minnesota Law Review Alum Remembered 45 Years After Death
Minnesota Law Review alumnus Tom Cranna was honored at the Annual Banquet this Spring, 45 years after his death. Mr. Cranna was remembered for his contributions to the journal, the school, and the positive impact he had on his family and friends. The Devil’s Lake Journal published a memorial which [...]
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Follow MLR on Twitter!
The Minnesota Law Review is proud to announce that we are now on Twitter. Follow us @MinnesotaLawRev for information and updates concerning the petition period and deadlines, the opening and closing of article submissions, our 2014 Symposium: Offenders in the Community, and all other news concerning our authors and publications. [...]
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Vol. 97 Lead Piece Cited in Al Jazeera Opinion Piece
A recent Al Jazeera opinion piece that criticizes the Supreme Court’s Daimler decision cites to Volume 97′s lead piece, How Business Fares in the Supreme Court. You can read the Al Jazeera piece here.
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Masthead for Volume 99 Board
The masthead for the Board of Volume 99 of the Minnesota Law Review is now available. You can view the masthead here.
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Above the Law Post Highlights MLR‘s Jump in Journal Rankings
A recent post on Above the Law highlights the fact that the Minnesota Law Review was ranked 11th in the most recent 2013 edition of the Washington & Lee Law Review Rankings. You can read the post here.
Recent Issues
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