Professor Bruce G. Peabody reexamines his 1999 piece published with Volume 83 of the Minnesota Law Review, entitled “The Twice and Future President: Constitutional Interstices and the Twenty-Second Amendment.” Peabody’s 1999 article has generated a significant amount of conversation since the time of its publication and the argument is again renewed in light of commentary surrounding […]
The categorical approach and its various iterations have caused confusion in many of the lower courts. Professor Evan Tsen Lee dissects the future of the categorical approach after the Supreme Court’s ruling in Mathis v. United States, while suggesting that there may be alternatives.
Professor Amitai Etzioni discusses the government’s use of private contractors by examining three case studies: data privacy, private policing, and private military contractors. By examining the ways in which the government can avoid certain restrictions by relying on these private agents, Professor Etzioni suggests that a complete reconceptualization may be required.
CURRENT PRINT ISSUEVolume 101 - Issue 3
This Article investigates misclassification and antidiscrimination. Misclassification is employers’ practice of classifying workers as independent contractors whom the law would categorize as employees. Misclassified workers are exempt from most federal antidiscrimination statutes, unless they file a discrimination lawsuit and seek reclassification by the court for purposes of the litigation. Thus, employers may use their classification […]
This Article maintains that the decision in Burwell v. Hobby Lobby, which referred to the corporation as a legal fiction designed to serve the interests of the people behind it, signals the “death of the firm” as a unit of legal analysis in which business entities are treated as more than the sum of their […]
Chapter 13 is a cornerstone of the bankruptcy system. Its legal requirements strike a balance between the rehabilitation of debtors through keeping assets and reducing debt, and the repayment of creditors over a period of years. Despite the accolades from policymakers, the hard truth is that the majority of the half-million families each year that […]
The Americans with Disabilities Act (ADA) of 1990 was a landmark piece of legislation that prohibited private-sector employers from discriminating against qualified disabled workers. Although the Act is over a quarter-century old, legal scholars have never considered whether it has been uniformly efficacious—that is, whether the Act has served all subpopulations of disabled workers equally […]
Standard-setting organizations (SSOs) often require member firms to license their standard-essential patents (SEPs) on undefined “fair, reasonable, and nondiscriminatory” (FRAND) terms. Courts and commentators in turn have proposed various principles for calculating FRAND royalties, among them that the royalty should not reflect “the value of the standard.” As we show, however, this principle could be […]
Note: Getting Back to Basics: Recognizing and Understanding the Swing Voter on the Supreme Court of the United States
There is an extensive history and tradition of labeling Supreme Court Justices as “swing voters” and “swing Justices.” And yet, the content of these labels remain woefully unclear. Modern uses of the terms fall on a continuum, conveying negative to positive sentiments with no clear definition. Complicating things further, there is sometimes a conflation between […]
Note: Embracing Ambiguity and Adopting Propriety: Using Comparative Law To Explore Avenues for Protecting the LGBT Population Under Article 7 of the Rome Statute of the International Criminal Court
The International Criminal Court (ICC) was initially lauded for expanding the scope of crimes considered to violate international norms; however, as inclusive as the Rome Statute of the International Criminal Court has been for gender-based crimes, the ICC has yet to extend the same benefits to the lesbian, gay, bisexual, and transgendered (LGBT) community. Part […]
Defying Conservationist Ethics
DEFYING CONSERVATIONIST ETHICS: A LOOK AT PRESIDENT TRUMP’S ENERGY PLAN By Karrah Johnston, Volume 101 Staff Member Over the course of his presidential campaign, President Donald Trump routinely championed former President Theodore Roosevelt’s conservation legacy. Trump continually asserted that he would follow in the “great environmentalist[’s]” footsteps by bolstering domestic […]
Microsoft Corp. v. United States
MICROSOFT CORP. V. UNITED STATES: SHOULD CONGRESS REVISE THE STORED COMMUNICATIONS ACT? By: Adam Frudden, Volume 101 Staff Member On July 14, 2016, the Court of Appeals for the Second Circuit issued its ruling in the case of Microsoft Corp. v. United States. The long-awaited decision pertaining to the scope […]
The Presidential Clemency Power and Chelsea Manning
THE PRESIDENTIAL CLEMENCY POWER AND CHELSEA MANNING: AN ORIGINALIST PERSPECTIVE By: Caitlin Opperman, Volume 101 Staff Member On his last day in office, President Obama commuted the sentences of 330 people serving time for drug offenses, bringing the total number of commutations issued throughout his presidency to 1,715. Issued mostly […]
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