Volume 100 - Issue 4
Volume 100 - Issue 3 Minnesota Law Review

Note: Incorporating Cost into the Return of Incidental Findings Calculus: Defining a Responsible Default for Genetics and Genomics Researchers

The debate over returning incidental findings has been a hot topic in medical and legal circles for many years and is described as “one of the thorniest current challenges.” Currently, no federal or state laws regulate the disclosure of these findings. Although many agree that ethical duties arise in returning certain individual results and incidental […]

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Note: Haute off the Press: Refashioning Copyright Law To Protect American Fashion Designs from the Economic Threat of 3D Printing

Though invented in the early 1980s, three-dimensional (3D) printing recently became a topic of discussion when advancements in the field revealed the technology’s ability to transform industries and revolutionize consumer capabilities. In the past few years, society witnessed everything from 3D-printed prosthetic limbs to children’s toys. While many scholars deliberate the technology’s potential impact on […]

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The Distributive Deficit in Law and Economics

Welfarist law and economics ignores the distributive consequences of legal rules to focus solely on efficiency, even though distribution unambiguously affects welfare, the normative maximand. The now-conventional justification for disregarding distribution is the claim of tax superiority: that the best means of influencing or correcting distribution is via tax-and-transfer. Critics have observed that optimal redistribution […]

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Restoring Reason to the Third Party Doctrine

This Article takes as its starting point the recent turmoil over the continued vitality of the Fourth Amendment’s third party doctrine. The doctrine has long held that the government’s examination of information in the hands of a third party—whether a bank, a telephone company, or simply a friend—cannot constitute a search under the Fourth Amendment. […]

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Reconsidering Fictitious Pricing

Advertised price discounting recently proliferated in retail markets, bringing with it deceptive discounting or “fictitious pricing.” Many retailers advertise discounts based on fictitious or false prior-reference prices. In the immediate post-war era, the Federal Trade Commission (FTC) regularly prosecuted fictitious-pricing cases. The FTC ceased prosecuting those cases in 1969. This Article explains why the FTC […]

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Anticompetitive Patent Injunctions

The current approach for determining when courts should award injunctions in patent disputes involves a myopic focus on the hardships an injunction might impose on the litigants and the public. This Article demonstrates, however, that courts sometimes could rely instead on a consideration far more relevant to the patent system’s goal of promoting innovation: the […]

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Rejecting Tax Exceptionalism: Bringing Temporary Treasury Regulations Back in Line with the APA

The Treasury Department has broad general rulemaking power and has historically used this power to create new regulations promulgated under APA notice-and-comment procedures. However, out of supposed necessity in the 1980s, the Treasury began increasingly using temporary regulations, which follow no such promulgation procedure, yet are binding on taxpayers when published. Until recently, most courts […]

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Same-Sex Marriage and Disestablishing Parentage: Reconceptualizing Legal Parenthood Through Surrogacy

Parenthood is easily determined when a heterosexual married couple conceives a child through sexual reproduction. The common law marital presumption of parenthood holds that when a child is born into a marriage, the woman, having given birth, is presumed the child’s mother; likewise, the woman’s husband, by virtue of marriage to the mother, is presumed the […]

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Striking Before the Well Goes Dry: Exploring if and How the United States Ban on Crude Oil Exports Should Be Lifted To Exploit the American Oil Boom

President Gerald Ford championed the adoption of the Energy Policy and Conservation Act (EPCA) in 1975 to promote American energy independence through the limiting of American crude oil exports. Through this law and related regulatory provisions, the federal government successfully shielded American energy interests from crises similar to the 1973 Arab oil embargo. However, the […]

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Syria, Cost-sharing, and the Responsibility to Protect Refugees

The Syrian refugee crisis is the largest since the Second World War. This Article is the first to analyze the devastating fallout of this crisis, and to propose a novel approach to a perennial international law problem at its center. Nearly all of the more than four million refugees that have fled the conflict in Syria […]

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De Novo

  • 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 […]

  • Revisiting Water Bankruptcy

    REVISITING WATER BANKRUPTCY IN CALIFORNIA’S FOURTH YEAR OF DROUGHT Olivia Moe, Volume 100, Managing Editor This spring, as “extreme” to “exceptional” drought stretched across most of California—indicating that a four-year streak of drought was not about to resolve itself[1]—Governor Jerry Brown issued an unprecedented order to reduce potable urban water […]