Volume 99 - Issue 4
Minnesota Law Review

Choice-of-Law as Non-Constitutional Federal Law

Domestic choice-of-law is widely bemoaned for being a chaotic mess, with states using a half dozen different approaches.  But if we praise ‘our federalism’ for allowing states to adopt divergent laws that best reflect their citizens’ distinctive values, why are different tort and family laws across states normatively acceptable but not choice-of-law?  In fact, the [...]

Read More :: View PDF

The Green Option

In this Article, we introduce an innovative market-based mechanism designed for the advancement of environmental goals. We propose enacting legislation that would empower (but not force) green firms to transfer a call option over a block of their shares to a publicly traded company of their choice. The implementation of our mechanism would give established [...]

Read More :: View PDF

Reconceptualizing Non-Article III Tribunals

The Supreme Court’s Article III doctrine is built upon an explicit assumption that Article III must accommodate non-Article III tribunals in order to allow Congress to “innovate” by creating new procedural structures to further its substantive regulatory goals. In this Article, I challenge that fundamental assumption. I argue that each of the types of non-Article [...]

Read More :: View PDF

The Constitutional Limit of Zero Tolerance in Schools

With the introduction of modern zero tolerance policies and harsh approaches to discipline, schools now punish much more behavior than they ever have before. The underlying problem is that not all behavior for which schools are expelling and suspending students is bad or serious. Schools have expelled the student who brings aspirin or fingernail clippers [...]

Read More :: View PDF

Fine-Tuning the Tax Whistleblower Statute: Why Qui-tam Is Not a Solution

Under the Internal Revenue Code, tax whistleblowers can be rewarded up to thirty percent of the collected proceeds when the IRS successfully collects delinquent amounts from tax evaders based on the information provided by those whistleblowers. However, whistleblowers are left with no remedy if the IRS decides not to act upon their tips. Even though [...]

Read More :: View PDF

Treating the Disease or Punishing the Criminal?: Effectively Using Drug Court Sanctions To Treat Substance Use Disorder and Decrease Criminal Conduct

Drug courts have been on the rise for the past few decades, providing an alternative criminal supervision system for individuals struggling with addiction and drug dependence. Drug courts provide an intensive supervision model by responding swiftly to probation violations with a series of graduated sanctions. Assuming that drug courts are here to stay, the inevitable [...]

Read More :: View PDF

Your Local Solar Panel Store: Developing State Laws To Encourage Third-Party Power Purchase Agreements and Distributed Generation

Solar panels’ high upfront capital costs are the primary hurdle to widespread installation by homeowners and towns. Solar panel companies are addressing this challenge through third-party power purchase agreements (PPAs), wherein a company pays for these costs when it installs the solar panels on-site at the customer’s location. The solar panel company then recoups the [...]

Read More :: View PDF

Unpacking Patent Assertion Entities (PAEs)

There is tremendous interest in a certain type of patent litigant—the often-called patent assertion entity (PAE), non-practicing entity (NPE), patent monetization entity (PME), or simply patent troll. These PAEs are the subject of a recent Government Accountability Office report, a possible Federal Trade Commission investigation, pending legislation before Congress, and even comments from the President [...]

Read More :: View PDF

Death Delayed Is Retribution Denied

Does death row incarceration for upwards of thirty years or more impermissibly impose the suffering of additional punishment or permissibly bestow the benefit of death delayed and thus the enjoyment of life extended? Most commentators conceive of it as an unconstitutional additional punishment that is either cruel and unusual or disproportionally excessive. Most courts construe [...]

Read More :: View PDF

Disclosing Big Data

This Article reveals that the law is failing to adequately encourage producers of “big data” to disclose their most innovative work to the public. “Big data” refers to a new industrial and scientific phenomenon that holds the potential to transform diverse industries—from medicine, to energy, to online services. At the heart of this phenomenon are [...]

Read More :: View PDF

News & Events

  • Fall Submissions Open – Headnotes

    The Minnesota Law Review: Headnotes fall submissions period is open. For more information, please visit our submissions page.

  • Vol. 97 Piece Quoted in Mother Jones Article

    A recent Mother Jones article predicting how the Roberts Court would resolve King v. Burwell draws on How Business Fares in the Supreme Court from Volume 97. You can read the article here.

  • Welcome to De Novo

    For nearly one hundred years, the Minnesota Law Review has been a leader amongst academic legal publications. When Professor Henry J. Fletcher launched the journal in 1917, his goal was simple. It was to “contribute a little something to the systematic growth of the whole law.” Since then, the Law [...]

  • Minnesota Law Review Alum Remembered 45 Years After Death

    Minnesota Law Review alumnus Tom Cranna was honored at the Annual Banquet this Spring, 45 years after his death. Mr. Cranna was remembered for his contributions to the journal, the school, and the positive impact he had on his family and friends. The Devil’s Lake Journal published a memorial which [...]

  • 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. [...]


cforms contact form by delicious:days