Print Issue Volume 100 - Issue 5

“The More Things Change . . .”: New Moves for Legitimizing Racial Discrimination in a “Post-Race” World

In his foundational Minnesota Law Review article, Legitimizing Racial Discrimination Through Antidiscrimination Law: A Critical Review of Supreme Court Doctrine, Critical Legal Studies (CLS) scholar Alan D. Freeman reviewed 25 years of U.S. Supreme Court jurisprudence with the goal of analyzing the disjuncture between the statutory and constitutional prohibition of racial discrimination and the continuing […]

Read More :: View PDF

Regaining Perspective: Constitutional Criminal Adjudication in the U.S. Supreme Court

Anthony Amsterdam’s seminal Perspectives on the Fourth Amendment opens with a discussion of the various institutional “vexations” that confront the Supreme Court when it works to interpret and implement the Fourth Amendment.  Commemorating the centennial volume of the Review that first published that legal classic, this Article offers a renewed assessment of the institutional vexations […]

Read More :: View PDF

Anthony Amsterdam’s Perspectives on the Fourth Amendment, and What It Teaches About the Good and Bad in Rodriguez v. United States

Anthony Amsterdam’s article, Perspectives On The Fourth Amendment, is one of the best, if not the best, law review articles written on the Fourth Amendment. My Article connects two perspectives from Amsterdam’s article—the Fourth Amendment’s concern with discretionary police power and the Framers’ vision of the Fourth Amendment to bar arbitrary and ruleless searches and […]

Read More :: View PDF

Perspectives on the Fourth Amendment Forty Years Later: Toward the Realization of an Inclusive Regulatory Model

The Minnesota Law Review published Anthony Amsterdam’s celebrated Holmes Lectures just over forty years ago. Those lectures defended a normative, or at least very generally historical approach to the definition of “searches and seizures,” and a “regulatory model” as opposed to an “atomistic model” for assessing when “searches and seizures” are reasonable or “unreasonable.” Fourth […]

Read More :: View PDF

The Remains of the Citadel (Economic Loss Rule in Products Cases)

Though its seeds may have been planted long before, the economic loss rule in products liability tort law emerged in full force at the very same moment as the doctrine of strict products liability in the mid-1960s. This moment, fueled by the fall of privity and the rise of implied warranty earlier in the century, […]

Read More :: View PDF

Prosser’s The Fall of the Citadel

William L. Prosser’s The Fall of the Citadel (Strict Liability to the Consumer) was simultaneously an analysis of the dismantling of the barriers to the imposition of strict liability for product-related injuries, an account of the sudden adoption of this form of liability beginning in the early 1960s, and a record of Prosser’s own intellectual […]

Read More :: View PDF

Culture as a Structural Problem in Indigent Defense

Indigent defense lawyers today are routinely overwhelmed by excessive caseloads, underpaid, inadequately supported, poorly trained, and left essentially unsupervised. The result is a serious cultural problem in indigent defense, especially in jurisdictions where such defense is handled by lawyers lacking the community and institutional reinforcement that strong public-defender offices can provide. Consequently, many indigent defendants […]

Read More :: View PDF

The United States Supreme Court (Mostly) Gives Up Its Review Role with Ineffective Assistance of Counsel Cases

Gideon v. Wainwright is arguably the most significant criminal justice decision in American history. Gideon’s recognition of indigent criminal defendants’ right to publicly funded counsel had an immediate and enormous impact on the fate of defendants nationwide. Despite the widely acknowledged problems with providing adequate representation in the years since Gideon, succeeding on ineffective assistance […]

Read More :: View PDF

The Most-Cited Articles from the Minnesota Law Review

Read More :: View PDF

Standing on the Shoulders of Giants: Celebrating 100 Volumes of the Minnesota Law Review

Read More :: View PDF

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