Summer 2016: Volume 101 - Scalia Symposium


Minnesota Law Review is pleased to present a collection of essays on Justice Antonin Scalia’s impact on the Supreme Court. These essays aim to present a wide look at Justice Scalia’s many contributions to the Court during his decades on the Bench. While Justice Scalia was one of the most polarizing figures on the Court […]

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Foreword: A Consequential Justice

When he visited the University of Minnesota in October 2015, Justice Scalia commented that Justice William Brennan was “the most influential Justice of the twentieth century.” Although their styles could not have been more different, Professor Robert A. Stein observes that both Justice Brennan and Justice Scalia will certainly be remembered as two of the […]

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Remembering Justice Antonin Scalia

Justice Scalia’s presence on the bench nearly matches his overall doctrinal contributions. Professor Alan B. Morrison comments on Justice Scalia’s minimal record upon appointment to the Supreme Court, the challenges he presented to lawyers at oral argument, his aversion to legislative history, and his tendency towards writing colorful dissenting opinions and predicting doom and gloom […]

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Playing Favorites? Justice Scalia, Abortion Protests, and Judicial Impartiality

By examining Justice Scalia’s First Amendment jurisprudence through the lens of abortion cases, Professor Daniel A. Farber comments on how judicial bias may have played a part in the Court’s decisions during this era.

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Rescued from the Grave and Then Covered with Mud: Justice Scalia and the Unfinished Restoration of the Confrontation Right

In drafting the Supreme Court’s decision in Crawford v. Washington, Justice Scalia brought back to life the Sixth Amendment’s Confrontation Clause. In Justice Scalia’s absence, Professor Richard D. Friedman sees the future development of the doctrine to be far from certain.

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Justice Scalia: Affirmative or Negative?

Justice Scalia’s experiences played a crucial role in shaping how Justice Scalia framed his arguments. Professor Stephen M. Griffin comments on the ways in which the Justice’s background may have influenced his constitutional theory and his writing style.

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Justice Scalia’s Unparalleled Contributions to Administrative Law

Throughout his legal career, Justice Scalia displayed a great interest in and exercised great influence over the development of administrative law. Professor Richard J. Pierce, Jr. discusses the changes Justice Scalia helped to impart on the field during his decades on the Bench.

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Justice Scalia’s Jiggery-Pokery in Federal Arbitration Law

In authoring three decisions on the Federal Arbitration Act in his final years on the Court, Justice Scalia played a crucial role in shaping this area of the law. Although Justice Scalia’s interest in the field may have only developed late in his career, Professor David S. Schwartz notes that it will not soon be […]

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Justice Scalia’s Innocence Tetralogy

Justice Scalia’s record as it relates to the rights of criminal defendants is as varied as it is wide-ranging. Professor Lee Kovarsky examines the Justice Scalia’s impact on one of those doctrines: “actual innocence.”

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Tie Votes and the 2016 Supreme Court Vacancy

Professor Justin R. Pidot previews his forthcoming piece in Minnesota Law Review, “Tie Votes in the Supreme Court” by summarizing his findings and commenting on how the Justices may approach potential tie votes in Justice Scalia’s absence.

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Volume 100 - Issue 6

No Longer a Neutral Magistrate: The Foreign Intelligence Surveillance Court in the Wake of the War on Terror

Since the founding of our nation, the executive, judicial, and legislative branches of government have struggled with maintaining an appropriate balance between gathering intelligence for national security purposes and protecting the civil liberties of United States citizens. This difficulty is compounded by the uniquely challenging separation of powers issues national security problems present. In 1978, […]

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Public Enforcement Compensation and Private Rights

Government enforcement actions have returned tens of billions of dollars to consumers, investors and employees. This “public enforcement compensation” is important to effective civil law enforcement, yet it is poorly understood and increasingly criticized. Recent scholarship asserts that public compensation mimics class action recoveries and raises the same concerns of accountability to recipients of relief. This […]

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Of Mice and Men: On the Seclusion of Immigration Detainees and Hospital Patients

In its broadest sense, this Article challenges the lack of legally enforceable rights available to individuals in United States Immigration and Customs Enforcement (ICE) custody. More specifically, this Article examines ICE’s widespread practice of secluding immigration detainees for lengthy periods of time for purported administrative, disciplinary, or protective reasons. Although seclusion has a profoundly negative […]

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The Moral Psychology of Copyright Infringement

Numerous recent cases illustrate that copyright owners sue for infringement even when an unauthorized use of their work causes them no financial harm. This presents a puzzle from the perspective of copyright theory as well as a serious social problem, since infringement suits designed to remedy non-pecuniary harms tend to stifle rather than encourage creative […]

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The Missing Pieces of Geoengineering Research Governance

Proposals to govern geoengineering research have focused heavily on the physical risks associated with individual research projects, and to a somewhat lesser degree on fostering public trust. While these concerns are critical, they are not the only concerns that research governance should address. Generally overlooked, and more difficult to address, are the systemic concerns geoengineering […]

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Note: Address Confidentiality and Real Property Records: Safeguarding Interests in Land While Protecting Battered Women

Over thirty states have instituted address confidentiality programs to protect victims of sexual assault, domestic abuse, stalking, and other crimes from perpetrators who try to track them through public records. The protections states offer vary widely. Minnesota has applied its address confidentiality program more broadly than any other state, extending the program’s protections to include […]

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De Novo

  • Does Mother Nature Get a Vote?

    DOES MOTHER NATURE GET A VOTE? OUR NEXT PRESIDENT COULD IMPACT AMERICA’S INVOLVEMENT IN THE PARIS AGREEMENT ON CLIMATE CHANGE By: Taylor Mayhall, Volume 101 Staff Member Last December, representatives from 195 countries assembled in Paris to converse about a subject which they all felt was worthy of attention on […]

  • Dan’s Flaw

    DAN’S [F]LAW: STATUTORY FAILURE TO ENFORCE ETHICAL BEHAVIOR IN CLINICAL DRUG TRIALS Noah Lewellen* I. INTRODUCTION Paul, a sophomore at the University of Minnesota, bursts into a lecture hall, loudly claims to see monsters sitting in the seats, and offers his services in slaying them. The police are called, and […]

  • Case Comment: Bhogaita v. Altamonte

    EVERY DOG CAN HAVE HIS DAY IN COURT: THE USE OF ANIMALS AS DEMONSTRATIVE EXHIBITS Kyle R. Kroll, Volume 100, Online Managing Editor In Bhogaita v. Altamonte, the Eleventh Circuit recently decided whether to allow a dog in the courtroom as a demonstrative exhibit.[1] Although the case presented many serious […]

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