Volume 100 - Issue 2 Minnesota Law Review

Communicating the Canons: How Lower Courts React When the Supreme Court Changes the Rules of Statutory Interpretation

From time to time, the Supreme Court changes some aspect of its approach to statutory interpretation. These changes include large-scale shifts on matters such as the relative prominence of textual sources versus legislative history as well as small-scale changes exemplified by the creation, modification, or abandonment of particular interpretive canons. When the Court changes course, [...]

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Equity Crowdfunding: A Market for Lemons?

Angel investors and venture capitalists (VCs) have funded Google, Facebook, and virtually every technological success of the last thirty years. These investors operate in tight geographic networks, which mitigates uncertainty, information asymmetry, and agency costs both pre- and post-investment. It follows, then, that a major concern with equity crowdfunding is that the very thing touted [...]

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The Digital Shareholder

Crowdfunding, a new Internet-based securities market, was recently authorized by federal and state law in order to create a vibrant, diverse, and inclusive system of entrepreneurial finance. But will people really send their money to strangers on the Internet in exchange for unregistered securities in speculative startups? Many are doubtful, but this Article looks to first [...]

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Syria, Cost-sharing, and the Responsibility to Protect Refugees

The Syrian refugee crisis is the largest since the Second World War. This Article is the first to analyze the devastating fallout of this crisis, and to propose a novel approach to a perennial international law problem at its center. Nearly all of the more than four million refugees that have fled the conflict in Syria [...]

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Striking Before the Well Goes Dry: Exploring if and How the United States Ban on Crude Oil Exports Should Be Lifted To Exploit the American Oil Boom

President Gerald Ford championed the adoption of the Energy Policy and Conservation Act (EPCA) in 1975 to promote American energy independence through the limiting of American crude oil exports. Through this law and related regulatory provisions, the federal government successfully shielded American energy interests from crises similar to the 1973 Arab oil embargo. However, the [...]

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Same-Sex Marriage and Disestablishing Parentage: Reconceptualizing Legal Parenthood Through Surrogacy

Parenthood is easily determined when a heterosexual married couple conceives a child through sexual reproduction. The common law marital presumption of parenthood holds that when a child is born into a marriage, the woman, having given birth, is presumed the child’s mother; likewise, the woman’s husband, by virtue of marriage to the mother, is presumed the [...]

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Rejecting Tax Exceptionalism: Bringing Temporary Treasury Regulations Back in Line with the APA

The Treasury Department has broad general rulemaking power and has historically used this power to create new regulations promulgated under APA notice-and-comment procedures. However, out of supposed necessity in the 1980s, the Treasury began increasingly using temporary regulations, which follow no such promulgation procedure, yet are binding on taxpayers when published. Until recently, most courts [...]

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De Novo

  • Dan’s Flaw

    DAN’S [F]LAW: STATUTORY FAILURE TO ENFORCE ETHICAL BEHAVIOR IN CLINICAL DRUG TRIALS Noah Lewellen* I. INTRODUCTION Paul, a sophomore at the University of Minnesota, bursts into a lecture hall, loudly claims to see monsters sitting in the seats, and offers his services in slaying them. The police are called, and [...]

  • 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 [...]