Volume 99 - Issue 6
Minnesota Law Review

Note: A Chilling Experience: An Analysis of the Legal and Ethical Issues Surrounding Egg Freezing, and a Contractual Solution

If you Google “egg freezing,” you will find numerous newspaper and magazine articles discussing this new reproductive technology. You will also encounter countless clinics currently helping women extract and freeze their eggs. You might find an occasional warning about the potential risks associated with egg freezing, as the media is buzzing with questions about this [...]

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Note: Beating the Odds: The Public Policy of Drug Efficacy and Safety

Decisions in the Supreme Court and, more recently, the Ninth Circuit have cast doubt on the role of statistical significance in drug development. In United States v. Harkonen, the defendant Harkonen was convicted of fraud for advertising successful testing of a drug when, in fact, the tests had not revealed statistical significance prior to any [...]

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Note: Knowledge Is Power: How Implementing Affirmative Disclosures Under the JOBS Act Could Promote and Protect Benefit Corporations and Their Investors

Benefit corporations are a new type of business entity that combine the notions of for-profit finances with the public and mission-based goals of non-profits, thus creating a unique business model that is just now gaining traction. Despite its popularity, the benefit corporation entity often faces financial difficulty because of its structure. This structure lacks precedent [...]

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Resurrecting Trial by Statistics

“Trial by statistics” was a means by which a court could resolve a large number of aggregated claims: a court could try a random sample of claims and extrapolate the average result to the remainder. In Wal-Mart, Inc. v. Dukes, the Supreme Court seemingly ended the practice at the federal level, thus removing from judges [...]

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Duress as Rent-Seeking

The doctrine of duress allows a party to avoid its contractual obligations when that party was induced to enter the contract by a wrongful threat while in a dire position that left it no choice but to enter the contract. Although threats of criminal or tortious conduct clearly are wrongful, under the doctrine of “economic [...]

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Structural Reform Litigation in American Police Departments

In 1994, Congress passed 42 U.S.C. § 14141, a statute authorizing the Attorney General to seek equitable relief against local and state police agencies that are engaged in a pattern or practice of unconstitutional misconduct. Although police departments in some of the nation’s largest cities have now undergone this sort of structural reform litigation, there [...]

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When is HIV a Crime? Sexuality, Gender, and Consent

HIV criminalization is difficult to justify on the grounds advanced for it: public health and moral retribution. This Article engages with a third, underexamined rationale for HIV criminalization: sexual autonomy. Nondisclosure prosecutions purport to ensure “informed consent” to sex. However, almost all other forms of sexual deception—including deceptions that may jeopardize the partner’s health—are lawful; [...]

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Stimulating Dialogue Between the Courts and Congress: Sprucing Up the “Statutory Housekeeping” Project

Gluck and Bressman’s recent survey of legislative drafters suggests that judges who interpret and construe statutes are not on the same page as those who draft and revise them. This disconnect seems especially glaring in light of the rise of statute-based law and the increasing impact that judicial statutory interpretation and legislative drafting have on [...]

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Treating Adults Like Children: Re-Sentencing Adult Juvenile Lifers After Miller v. Alabama

Miller v. Alabama continued the trend in Supreme Court cases finding that juvenile criminal offenders are less culpable than adult offenders, by holding that states cannot sentence juvenile offenders to mandatory life without parole. The Court held that it is cruel and unusual punishment to sentence a juvenile to life without parole without taking youthfulness [...]

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When Volunteers Become Employees: Using a Threshold-Remuneration Test Informed by the Fair Labor Standards Act To Distinguish Employees from Volunteers

Despite the recognized importance of determining who is an “employee” for purposes of legal coverage, the concept remains unsettled. The confusion over how to define “employee” is now spreading to upset the boundary between employees and volunteers. As voluntarily unpaid workers increasingly bring lawsuits alleging discrimination under federal statutes, a majority of federal courts apply [...]

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De Novo

  • 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 [...]

  • Defying Auer Deference

    DEFYING AUER DEFERENCE: SKIDMORE AS A SOLUTION TO CONSERVATIVE CONCERNS IN PEREZ v. MORTGAGE BANKERS ASSOCIATION Nicholas R. Bednar, Volume 100, Lead Articles Editor* On March 9, 2015, the Supreme Court of the United States handed down its decision in Perez v. Mortgage Bankers Association.[1] The Court overturned the D.C. [...]