De Novo

Investigating Juror Misconduct in Minnesota

INVESTIGATING JUROR MISCONDUCT IN MINNESOTA By: Melanie Johnson, Volume 102 Staff Member In the American criminal justice system, jurors are expected to be unbiased. [1] It’s an issue most often litigated pre-trial during the jury selection process as counsel for the defendant and state grapple over diversity of the jury venire or defects in voir […]

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Started from the Bottom

STARTED FROM THE BOTTOM: WHAT DRAKE’S FAIR USE WIN MEANS TO THE FUTURE OF MUSIC SAMPLING By: Veena Tripathi, Volume 102 Staff Member True, just like it’s probably easier to snap a picture with that camera [looks at camera] than it is to actually paint a picture. But what the photographer is to the painter […]

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Your Car Is Watching You

YOUR CAR IS WATCHING YOU: SHOULD THE POLICE NEED A WARRANT TO FIND OUT WHAT IT KNOWS? By: Clayton Carlson, Volume 102 Staff Member Out of all the things that people own that could be spying on them, they seldom suspect their cars. If you have purchased your car within the past few years, however, […]

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Patent Apocalypse

PATENT APOCALYPSE: WILL OIL STATES RESURRECT THE VICTIMIZED PATENT RIGHTS OF IPR? By: Clint Maynard, Volume 102 Staff Member Where does a patent go to die? Some patent holders might say the Patent Trials and Appeals Board (PTAB). Since the enactment of the Leahy-Smith America Invents Act [1] (AIA), patent holders have seen the rise […]

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“Uber” Uncertainty

“UBER” UNCERTAINTY: WHY COURTS ARE ILL-EQUIPPED TO DETERMINE COMPENSABILITY IN A GIG ECONOMY By: Joshua Greenberg, Volume 102 Staff Member In an increasingly digital world, people are finding new ways to earn a living. Specifically, the “gig economy,” also known as “on-demand employment,” continues to “grow[] at a rapid rate along with the supply of […]

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Alabama Prisoners’ Cry for Help

A COURT HEARS ALABAMA PRISONERS’ CRY FOR HELP By: J.D. Davis, Volume 102 Staff Member In June of 2017, Judge Myron Thompson issued his second major opinion in a three-part class action lawsuit.[1] This 302-page ruling came out of a massive 2014 lawsuit filed by inmates held by the Alabama Department of Corrections (ADOC).[2] In […]

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An Inconsistent Bench

AN INCONSISTENT BENCH: WHY TRINITY LUTHERAN SIGNALS A SEA CHANGE ON THE SUPREME COURT By: Lesley Roe, Volume 102 Staff Member In June of this year, the Supreme Court decided Trinity Lutheran Church v. Comer, a case with serious implications for the Court’s First Amendment jurisprudence.[1] Trinity Lutheran features a strong concurrence written by Justice […]

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The Algorithm Made Me Do It and Other Bad Excuses

THE ALGORITHM MADE ME DO IT AND OTHER BAD EXCUSES: UPHOLDING TRADITIONAL LIABILITY PRINCIPLES FOR ALGORITHM-CAUSED HARM By: Rebecca J. Krystosek, Volume 101 Staff Member As the outputs of algorithms increasingly pervade our everyday lives—from wayfinding apps and search engine autofill results to investment advice and self-driving cars—we must also come to terms with who […]

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All (Privacy) Is Not Lost

ALL (PRIVACY) IS NOT LOST: ATTORNEYS GENERAL AND PRIVACY PROTECTION By: Mitchell Noordyke, Volume 101 Staff Member In March, the House and Senate voted to prevent portions of the FCC Privacy Rule from going into effect.[1] This rule would have required more demanding protocol from broadband internet access service and telecommunications service providers to ensure […]

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Pot, Printz, and Preemption

POT, PRINTZ, AND PREEMPTION: WHY STATES CAN “JUST SAY NO” TO JEFF SESSIONS AND THE CONTROLLED SUBSTANCES ACT By: Franklin R. Guenthner, Volume 101 Staff Member Attorney General Jeff Sessions is not a fan of marijuana. Before assuming his role at the Department of Justice, the former Senator from Alabama remarked in April of 2016 […]

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