HEADNOTES

Spring 2017: Volume 101

Heuristic Interventions in the Study of Intellectual Property

Professor Silbey expands on the work of Professor Burk by elaborating on three of Burk’s central points, while noting that Burk’s work serves as a crucial step in explaining intellectual property as a social practice.

Read More :: View PDF

Truth, Lies, and Power at Work

Professor Estlund discusses Professor Norton’s analysis on the collision of regulating the speech of employers with protecting employees, finding that Norton “makes a persuasive case that relative power should be and sometimes is relevant to the constitutionality of both speech restrictions and compelled disclosure of information.”  

Read More :: View PDF

A New Social Contract: Corporate Personality Theory and the Death of the Firm

In their article The Death of the Firm, June Carbone and Nancy Levit argue that, “the firm as entity is disappearing as a unit of legal analysis.” More specifically, they argue that by dismissing the corporation as a mere legal fiction and equating the rights of this legal fiction with the rights of its owners, […]

Read More :: View PDF

CURRENT PRINT ISSUE

Volume 101 - Issue 6

A Conversation Between U.S. Supreme Court Justice Sonia Sotomayor and Professor Robert A. Stein

This piece was transcribed from a conversation between Justice Sonia Sotomayor and Professor Robert A. Stein held at the University of Minnesota Law School on October 17, 2016. Justice Sotomayor shares how her early life experiences, such as being diagnosed with type 1 diabetes, shaped her worldview. She discusses the course of her legal career […]

Read More :: View PDF

Civil Rules Interpretive Theory

We claim that the proper method of interpreting the Federal Rules of Civil Procedure (Rules)—civil rules interpretive theory—should be recognized as a distinct field of scholarly inquiry and judicial practice. Fundamentally, the Rules are not statutes. Yet the theories of statutory interpretation that are typically imported into Rules cases by the courts rely upon a […]

Read More :: View PDF

Toward a Critical Race Theory of Evidence

Scholars, judges, and lawyers have long believed that evidence rules apply equally to all persons regardless of race. This Article challenges this assumption and reveals how evidence law structurally disadvantages people of color. A critical race analysis of stand-your-ground defenses, cross-racial eyewitness misidentifications, and minority flight from racially targeted police profiling and violence uncovers the […]

Read More :: View PDF

Regulating Cumulative Risk

Chemicals and pesticides permeate the natural world. They are woven (sometimes quite literally) into the fabric of our lives. Because chemicals are everywhere, the key to protecting public health in the chemical age is regulating cumulative risk—that is, the combined risk from exposure to multiple chemicals and pesticides through various exposure pathways. While necessary, and […]

Read More :: View PDF

The Consequences of Disparate Policing: Evaluating Stop and Frisk as a Modality of Urban Policing

Beginning in the 1990s, police departments in major American cities started aggressively deploying pedestrian stops and frisks in response to escalating violent crime rates. Today, high-volume use of “stop, question, and frisk” (SQF) is an acute point of friction between urban police and minority residents. In numerous cities, recent consent decrees or settlements have imposed […]

Read More :: View PDF

SIRI-OUSLY 2.0: What Artificial Intelligence Reveals About the First Amendment

The First Amendment may protect speech by strong Artificial Intelligence (AI). In this Article, we support this provocative claim by expanding on earlier work, addressing significant concerns and challenges, and suggesting potential paths forward. This is not a claim about the state of technology. Whether strong AI—as-yet-hypothetical machines that can actually think—will ever come to […]

Read More :: View PDF

Note: Stranger than Science Fiction: The Rise of A.I. Interrogation in the Dawn of Autonomous Robots and the Need for an Additional Protocol to the U.N. Convention Against Torture

As we approach the impending technological revolution of the proliferation of robots and weapons on the spectrum of autonomy, we run the risk of being “one technology behind” in anticipating the changing legal landscape in the next season of human-technology interaction. Specifically, the development and emergence of autonomous robots and weapons is likely to have […]

Read More :: View PDF

De Novo

  • Prison for the Innocent

    PRISON FOR THE INNOCENT: THE ‘NEWLY DISCOVERED EVIDENCE’ STANDARD THROUGH THE LENS OF NASH V. RUSSELL By: Alexa Ely, Volume 102 Staff Member Since 1989, there have been over 2,120 exonerations with nearly 18,450 years lost in prison by innocent men and women in the United States criminal justice system.[1] […]

  • “Transgender Need Not Apply”

    ‘TRANSGENDER NEED NOT APPLY’[1]: HOW THE SESSIONS MEMO THREATENS ESSENTIAL WORKPLACE PROTECTIONS FOR TRANSGENDER INDIVIDUALS By: Libby Bulinski, Volume 102 Staff Member On October 4th, 2017, U.S. Attorney General Jeff Sessions issued a memorandum stating that Title VII of the 1964 Civil Rights Act does not prohibit discrimination based on […]

  • Scandal in the NCAA

    SCANDAL IN THE NCAA: A FIDUCIARY TALE By: Andrew Escher, Volume 102 Staff Member Common wisdom holds that sports bring people together. In circumstances as varied as a Texas high school at a Friday night football game or an entire country during the Olympics, athletics gives disparate groups of people […]


© 2011-2016 Minnesota Law Review. All Rights Reserved.