HEADNOTES
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.”
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, […]
CURRENT PRINT ISSUE
Volume 101 - Issue 6A 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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
De Novo
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The Algorithm Made Me Do It and Other Bad Excuses
THE ALGORITHM MADE ME DO IT AND OTHER BAD EXCUSES: UPHOLDING TRADITIONAL LIABILITY PRINCIPLES FOR ALGORITHM-CAUSED HARM By: Rebecca J. Krystosek, Volume 101 Staff Member As the outputs of algorithms increasingly pervade our everyday lives—from wayfinding apps and search engine autofill results to investment advice and self-driving cars—we must also […]
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All (Privacy) Is Not Lost
ALL (PRIVACY) IS NOT LOST: ATTORNEYS GENERAL AND PRIVACY PROTECTION By: Mitchell Noordyke, Volume 101 Staff Member In March, the House and Senate voted to prevent portions of the FCC Privacy Rule from going into effect.[1] This rule would have required more demanding protocol from broadband internet access service and […]
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Pot, Printz, and Preemption
POT, PRINTZ, AND PREEMPTION: WHY STATES CAN “JUST SAY NO” TO JEFF SESSIONS AND THE CONTROLLED SUBSTANCES ACT By: Franklin R. Guenthner, Volume 101 Staff Member Attorney General Jeff Sessions is not a fan of marijuana. Before assuming his role at the Department of Justice, the former Senator from Alabama […]
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