Volume 99 - Issue 3
Minnesota Law Review

Law at the End of War

As the United States continues to withdraw troops from Afghanistan in the coming year, courts will increasingly face the task of interpreting the dozens of federal laws whose operation depends on the existence of war. The 2009 Military Commissions Act (MCA), for instance, makes offenses triable by military commission “only if the offense is committed [...]

Read More :: View PDF

Law’s Remarkable Failure to Protect Mistakenly Overpaid Employees

Employers frequently make mistakes and overpay their employees. For instance, the federal government alone, which makes up only around 2% of the U.S. workforce, will likely overpay its employees by $2 billion this year. After discovering the error, employers often recoup the mistaken overpayments without the supervision of the courts by simply exercising a self-help [...]

Read More :: View PDF

A Corporate Right to Privacy

The debate over the scope of constitutional protections for corporations has exploded with commentary on recent or pending Supreme Court cases, but scholars have left unexplored some of the hardest questions for the future, and the ones that offer the greatest potential for better understanding the nature of corporate rights. This Article analyzes one of [...]

Read More :: View PDF

A Conversation Between Justice Ruth Bader Ginsburg and Professor Robert A. Stein

Read More :: View PDF

Truthiness: Corporate Public Figures and the Problem of Harmful Truths

This paper is an invited response to Deven Desai’s article, Speech, Citizenry, and the Market: A Corporate Public Figure Doctrine, available here. Professor Bhagwat’s response piece was scheduled to be published in Volume 98, Issue 3 of the print journal. Due to an editorial oversight, the piece did not go to print on schedule. We [...]

Read More :: View PDF

How Many Wrongs Make a Copyright?

Response to Derek Bambauer’s Exposed. Derek Bambauer’s provocative paper argues that, because the remedies available to people who suffer unconsented distribution of intimate images of themselves are insufficient, we should amend copyright law to fill the gap. Bambauer’s proposal requires significant changes to every part of copyright—what copyright seeks to encourage, who counts as an [...]

Read More :: View PDF

Maneuvering the Headwinds Facing Offshore Wind Development in the Great Lakes: Amending the Coastal Zone Management Act

The first United States offshore wind turbine was launched in 2013 off of the coast of Maine. Offshore wind development in the Great Lakes, however, will differ in key ways from development in non-Great Lakes coastal waters. Planning for development in the Great Lakes now would allow government agencies and private developers to avoid some [...]

Read More :: View PDF

Legislating Corporate Social Responsibility: Expanding Social Disclosure Through the Resource Extraction Disclosure Rule

The United States has led a growing international effort to increase corporate transparency in the commercial development of natural resources. In 2010, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 1504 of this Act requires resource extraction companies to publically disclose, through the Securities and Exchange Commission (SEC), all payments made [...]

Read More :: View PDF

Confronting Victims: Why the Statements of Young Victims of Heinous Crimes Must Still Be Subject to Cross-Examination

The case of Crawford v. Washington has turned upside down the traditional Confrontation Clause jurisprudence under Ohio v. Roberts. Now, prosecutors must produce for cross-examination the declarants of all testimonial hearsay that is admitted unless (1) the declarant is shown to be unavailable and (2) there has been a previous opportunity for cross-examination. However, a [...]

Read More :: View PDF

HIPAA-Cratic or HIPAA-Critical: U.S. Privacy Protections Should Be Guaranteed By Covered Entities Working Abroad

Clinical research has increasingly moved outside of U.S. borders sparking debate over the legal and ethical requirements for clinical researchers and research sponsors conducting studies overseas. Parallel to overseas research expansion, privacy and privacy rights in healthcare are being recognized as fundamental rights. The strength of privacy protections is being tested as medical records are [...]

Read More :: View PDF

News & Events

  • Welcome

    For nearly one hundred years, the Minnesota Law Review has been a leader amongst academic legal publications. When Professor Henry J. Fletcher launched the journal in 1917, his goal was simple. It was to “contribute a little something to the systematic growth of the whole law.” Since then, the Law [...]

  • Minnesota Law Review Alum Remembered 45 Years After Death

    Minnesota Law Review alumnus Tom Cranna was honored at the Annual Banquet this Spring, 45 years after his death. Mr. Cranna was remembered for his contributions to the journal, the school, and the positive impact he had on his family and friends. The Devil’s Lake Journal published a memorial which [...]

  • Follow MLR on Twitter!

    The Minnesota Law Review is proud to announce that we are now on Twitter. Follow us @MinnesotaLawRev for information and updates concerning the petition period and deadlines, the opening and closing of article submissions, our 2014 Symposium: Offenders in the Community, and all other news concerning our authors and publications. [...]

  • Vol. 97 Lead Piece Cited in Al Jazeera Opinion Piece

    A recent Al Jazeera opinion piece that criticizes the Supreme Court’s Daimler decision cites to Volume 97′s lead piece, How Business Fares in the Supreme Court. You can read the Al Jazeera piece here.

  • Masthead for Volume 99 Board

    The masthead for the Board of Volume 99 of the Minnesota Law Review is now available. You can view the masthead here.

Newsletter

cforms contact form by delicious:days