Print Issue Volume 100 - Issue 5

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 […]

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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 […]

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The Most-Cited Articles from the Minnesota Law Review

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

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Note: You Should Be Free To Talk the Talk and Walk the Walk: Applying Riley v. California to Smart Activity Trackers

In 2014, the Supreme Court held in Riley v. California that law enforcement officers must obtain a warrant before searching a cell phone. Though the Court intended that this holding would provide clear guidance to law enforcement officers, it may ultimately provide even more confusion. Riley distinguishes an arrestee’s cell phone from other items found […]

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Note: Live Long and Prosper: How the Persistent and Increasing Popularity of Fan Fiction Requires a New Solution in Copyright Law

For decades, fans have written stories that extend the plotlines of popular films, novels, and television shows in a practice known as fan fiction. But with the advent of the Internet, the popularity of this practice has grown exponentially as these stories are easily posted online and accessible for free. But while fan fiction has […]

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Note: The Shoe Doesn’t Fit: General Jurisdiction Should Follow Corporate Structure

Increasingly, corporations are moving away from a centralized corporate structure toward decentralization and fragmentation of corporate functions. At the same time, the corporate general jurisdiction doctrine functions anachronistically—assuming that corporations exist solely as centralized structures. The Supreme Court’s recent decision in Daimler AG v. Bauman reflects this assumption. By drawing upon the principal place of […]

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The Secret History of the Bluebook

The Bluebook, or A Uniform System of Citation as it was formerly titled, has long been a significant component of American legal culture. The standard account of the origins of the Bluebook, deriving directly from statements made by longtime Harvard Law School Dean and later Solicitor General of the United States Erwin N. Griswold, maintains […]

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Rethinking Technology Neutrality

Technology progresses at an increasingly rapid rate; Congressional action does not. How then should laws be drafted to keep pace with changes to the world they regulate? Scholars and legislators have overwhelmingly answered that laws should anticipate unexpected technologies through ex ante statutory inclusion. “Technology neutrality,” as this principle is known, assumes that drafting a […]

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Regulating Financial Change: A Functional Approach

How should we think about regulating our dynamically changing financial system? Existing regulatory approaches have two temporal flaws. The obvious flaw, driven by politics and human nature (and addressed in other writings), is that financial regulation is overly reactive to past crises. This article addresses a less obvious but arguably more fundamental flaw: that financial […]

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