Print Issue Volume 100 - Issue 5

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 […]

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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 […]

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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, […]

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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 […]

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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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