Volume 98 - No. 6
Minnesota Law Review

Whither Wagner? Reconsidering Labor Law and Policy Reform

Although Canada and the United States have both adopted labor relations legal frameworks based on the Wagner model, labor relations have played out very differently in the two countries. This is particularly evident in the countries’ divergent trajectories of changing union density. In recent decades the United States has experienced a steep, sustained decline in [...]

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Labor’s Soft Means and Hard Challenges: Fundamental Discrepancies and the Promise of Non-Binding Arbitration for International Framework Agreements

Globalization has led to union decline almost universally across the world’s capitalist democracies. But despite globalization, global labor unions have been able to sign International Framework Agreements (IFAs) with more than 110 multinational corporations that cover about 9 million workers, excluding contractors and suppliers. IFAs are agreements signed by multinational firms and global labor unions. [...]

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Trilogy Redux: Using Arbitration to Rebuild the Labor Movement

The Supreme Court is in the midst of a revolution in arbitration jurisprudence comparable to that reflected in the Steel-workers Trilogy in 1960. While the Trilogy was hailed as a major accomplishment in labor relations, the current revolution is devastating the rights of nonunion workers and consumers. The Court’s evisceration of the class action through [...]

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“Easy In, Easy Out”: A Future for U.S. Workplace Representation

This paper proposes an amendment to our basic labor laws that I call “easy in, easy out.” Essentially, representation elections—secret-ballot votes to decide whether employees want union representation and whether they want to be represented by the particular petitioning labor organization(s)—in relatively broad units, would, over time, become automatic. Every two years (unless the union [...]

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Changing Course to Navigate the Patent Safe Harbor Post-Momenta

The patent safe harbor, 35 U.S.C. § 271(e)(1), codifies an exception to the general concept of patent exclusivity that excuses entities from infringement liability for activities reasonably related to submitting information under federal laws that regulate drugs. For the past three decades, this provision has operated in a pharmaceutical industry dominated by small molecule drugs [...]

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Status Update: Adapting the Stored Communications Act to a Modern World

This Note addresses the Stored Communications Act’s application to civil discovery. Congress passed the Stored Communications Act in 1986 to extend Fourth Amendment protection to electronic communications and remote computing. Congress never intended for the SCA to limit civil discovery of these communications, however, judges have expanded the SCA’s scope to limit civil discovery of [...]

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That’s Not on the Table: Why Employers Should Pay for the Walk from the Locker Room to the Work Station

The Fair Labor Standards Act requires employers to pay their employees continuously throughout the day, even for activities such as travel time, which may not be considered work. However, § 203(o) of the statute provides an exception to that obligation. The provision states that if the employer has established that employees are not compensated for [...]

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Slutwalking in the Shadow of the Law

This Article examines the convergence of two seemingly contradictory developments. One is the widespread rape of women by acquaintances, dates, and intimates, mostly without legal recourse. The other is the emergence of a generation of women who embrace a pro-sex orientation and define their sexualities accordingly. To date, legal theorists have failed to reconcile this [...]

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Family Assimilation Demands and Sexual Minority Youth

In recent years, legal scholars have paid considerable attention to the social and legal pressures to assimilate into mainstream culture that minority groups experience (“assimilation demands”) in the public sphere. Commentators have written about assimilation demands on sexual minority identities in politics, the workplace, schools, and in communities of color. Yet little, if any, scholarship [...]

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Substituted Compliance and Systemic Risk: How to Make a Global Market in Derivatives Regulation

International financial regulators have sought to contain the systemic risk of OTC derivatives transactions by introducing mandatory clearing. In the absence of a global financial regulator, however, this regulatory approach must be implemented by national actors. Fearing the prospect of regulatory arbitrage, regulators have sought to impose global uniformity through either multi-lateral efforts at harmonization [...]

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News & Events

  • 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.

  • Above the Law Post Highlights MLR‘s Jump in Journal Rankings

    A recent post on Above the Law highlights the fact that the Minnesota Law Review was ranked 11th in the most recent 2013 edition of the Washington & Lee Law Review Rankings. You can read the post here.

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