Volume 98 - No. 4
Minnesota Law Review

Changing Course to Navigate the Patent Safe Harbor Post-Momenta

The patent safe harbor, 35 U.S.C. § 271(e)(1), codifies an exception to the general concept of patent exclusivity that excuses entities from infringement liability for activities reasonably related to submitting information under federal laws that regulate drugs. For the past three decades, this provision has operated in a pharmaceutical industry dominated by small molecule drugs [...]

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Status Update: Adapting the Stored Communications Act to a Modern World

This Note addresses the Stored Communications Act’s application to civil discovery. Congress passed the Stored Communications Act in 1986 to extend Fourth Amendment protection to electronic communications and remote computing. Congress never intended for the SCA to limit civil discovery of these communications, however, judges have expanded the SCA’s scope to limit civil discovery of [...]

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That’s Not on the Table: Why Employers Should Pay for the Walk from the Locker Room to the Work Station

The Fair Labor Standards Act requires employers to pay their employees continuously throughout the day, even for activities such as travel time, which may not be considered work. However, § 203(o) of the statute provides an exception to that obligation. The provision states that if the employer has established that employees are not compensated for [...]

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Slutwalking in the Shadow of the Law

This Article examines the convergence of two seemingly contradictory developments. One is the widespread rape of women by acquaintances, dates, and intimates, mostly without legal recourse. The other is the emergence of a generation of women who embrace a pro-sex orientation and define their sexualities accordingly. To date, legal theorists have failed to reconcile this [...]

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Family Assimilation Demands and Sexual Minority Youth

In recent years, legal scholars have paid considerable attention to the social and legal pressures to assimilate into mainstream culture that minority groups experience (“assimilation demands”) in the public sphere. Commentators have written about assimilation demands on sexual minority identities in politics, the workplace, schools, and in communities of color. Yet little, if any, scholarship [...]

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Substituted Compliance and Systemic Risk: How to Make a Global Market in Derivatives Regulation

International financial regulators have sought to contain the systemic risk of OTC derivatives transactions by introducing mandatory clearing. In the absence of a global financial regulator, however, this regulatory approach must be implemented by national actors. Fearing the prospect of regulatory arbitrage, regulators have sought to impose global uniformity through either multi-lateral efforts at harmonization [...]

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Spillover Across Remedies

Remedies influence rights, and rights apply across remedies. Combined together, these two phenomena produce the problem of spillover across remedies. The spillover problem occurs when considerations specific to a single remedy affect the definition of a substantive rule that governs in multiple remedial settings. For example, the severe remedial consequences of suppressing incriminating evidence might [...]

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A Step in the Right Direction: Patent Damages and the Elimination of the Entire Market Value Rule

This Note argues that the entire market value rule is an obsolete conception because it can award companies for value they did not create. Accordingly, the rule should be abandoned entirely and replaced with reasonable royalty calculations that focus on past licensing agreements if they are available.

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Recognition of Civil Unions and Domestic Partnerships as Marriages in Same-Sex Marriage States

There is currently a patchwork of laws governing same-sex relationships across the United States. Some states issue marriage licenses, while some states have civil unions, domestic partnerships, or other forms of legal recognition. When couples with alternate forms of legal recognition relocate from the issuing state their new state has to decide whether and how [...]

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Particulars of Particularity: Alleging Scienter and the Proper Application of Rule 9(b) to Duty-Based Misrepresentations

Claims of negligent misrepresentation and fraud by omission are generally held to be derivatives of fraud. The appropriate pleading standard for fraud is clearly governed by Federal Rule of Civil Procedure 9(b)—fraud claims must be alleged with particularity. However, the circuits are divided when it comes to the proper pleading standard for negligent misrepresentation and [...]

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News & Events

  • 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. [...]

  • 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.

  • 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.

  • 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.

  • Vol. 97 Lead Piece Cited on Slate

    A recent Slate article on the Supreme Court’s decision not to hear the “Moldy Washing Machine” cases, or overturn class certification of those cases in some circuits, cites to the Volume 97 Lead Piece, How Business Fares in the Supreme Court. You can read the article here.

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