Minnesota Law Review
This is the printed articles and online headnotes from the law review.
Volume 94
- Corporate Control and the Need for Meaningful Board Accountability
- American Trust Law in a Chinese Mirror
- Property Rhetoric and the Public Domain
- Hard vs. Soft Law: Alternatives, Complements, and Antagonists in International Governance
- Speaking of Silence: A Reply to "Making Defendants Speak"
- Litigating the Contours of Constitutionality: Harmonizing Equitable Principles and Constitutional Values when Considering Preliminary Injunctive Relief
- Embryo Adoption: The Solution to an Ambiguous Intent Standard
- Counsel and Confrontation
- Aggregating Probabilities Across Cases: Criminal Responsibility for Unspecified Offenses
- United States Competition Policy in Crisis: 1890–1955
- Clawbacks: Prospective Contract Measures in an Era of Excessive Executive Compensation and Ponzi Schemes
- From the Inside Out: Reforming State and Local Prostitution Enforcement to Combat Sex Trafficking in the United States and Abroad
- The Curious Case of Disparate Impact Under the ADEA: Reversing the Theory’s Development into Obsolescence
- Between the Possible and the Probable: Defining the Plausibility Standard After Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal
- Credit Rating Agencies and the First Amendment: Applying Constitutional Journalistic Protections to Subprime Mortgage Litigation
- Against Permititis: Why Voluntary Organizations Should Regulate the Use of Cancer Drugs
- Reconfiguring Estate Settlement
- Why Did the Incorporation of the Bill of Rights Fail in the Late Nineteenth Century?
- In re the Welfare of Due Process
Volume 93
- Note, Inequitable-Conduct Doctrine Reform: Is the Death Penalty for Patents Still Appropriate?
- Are Patents on Interfaces Impeding Interoperability?
- Specific Performance and the Thirteenth Amendment
- The Limits of Backlash: Assessing the Political Response to Kelo
- The National Surveillance State: A Response to Balkin
- Review Essay, How a Judge Thinks
- Note, Defogging the Cloud: Applying Fourth Amendment Principles to Evolving Privacy Expectations in Cloud Computing
- Note, Cramming Down the Housing Crisis: Amending 11 U.S.C. 1322(b) to Protect Homeowners and Create a Sustainable Bankruptcy System
- Symposium Foreward: Law & Politics in the 21st Century
- Note, Native American Rape Victims: Desperately Seeking an Oliphant-Fix
- Note, Murder and the Military Commissions: Prohibiting the Executive's Unauthorized Expansion of Jurisdiction
- Shaping Supreme Court Policy Through Appointments: The Impact of a New Justice
- Wartime Judgments of Presidential Power: Striking Down But Not Back
- The Accountable Executive
- The Fatally Flawed Theory of the Unbundled Executive
- Disappearing Districts: Minority Vote Dilution Doctrine as Politics
- Defacing Democracy?: The Changing Nature and Rising Importance of As-Applied Challenges in the Supreme Court's Recent Eleciton-Law Decisions
- Withdrawal: The Roberts Court and the Retreat from Election Law
- Shortcuts to Reform
- Hear Me Roar: What Provokes Supreme Court Justices to Dissent from the Bench
- Dissents Against Type
- The Political Economy of Judging
- Judicial Nominations in an Umpireless Game: Trusted Sources, a Complaint, and a Proposal
- Separation of Powers in the Forty-Fourth Presidency and Beyond
- Note, Unexpected Consequences: The Constitutional Implications of Federal Prison Policy for Offenders Considering Abortion
- Note, Accepting Justice Kennedy's Challenge: Reviving Race-Conscious School Assignments in the Wake of Parents Involved
- Making Defendants Speak
- Reason-Giving and Accountability
- Beyond the Article I Horizon: Congress's Enumerated Powers and Universal Jurisdiction Over Drug Crimes
- The Myth of Self-Regulation
- Reclaiming International Law from Extraterritoriality
- Privatizing Ethics in Corporate Reorganizations
- Natural Laws and Inevitable Infringement
- Do Courts Create Moral Hazard?: When Judges Nullify Employer Liability in Arbitrations
- Prosecutorial Use of Forensic Science at Trial: When Is a Lab Report Testimonial?
- Presuming Innocence: Expanding the Confrontation Clause Analysis to Protect Children and Defendants in Child Sexual Abuse Prosecutions
- Sweetening the Deal: Strengthening Transnational Bribery Laws Through Standard International Corporate Auditing Guidelines
- When the Invention Is an Inventor: Revitalizing Patentable Subject Matter to Exclude Unpredictable Processes
- Blight and Its Discontents: Awarding Attorney's Fees to Property Owners in Redevelopment Actions
- The Mythical Divide Between Collateral and Direct Consequences of Criminal Convictions: Involuntary Commitment of "Sexually Violent Predators"
- Avalanche or Undue Alarm? An Empirical Study of Subpoenas Received by the News Media
- Horizontal Federalism
- The Child Protection Pretense: States' Continued Consignment of Newborn Babies to Unfit Parents
- Protecting Financial Markets: Lessons from the Subprime Mortgage Meltdown
- The Constitution in the National Surveillance State
- The Rules Enabling Act and the Procedural-Substantive Tension: A Lesson in Statutory Interpretation
- Fighting Women: The Military, Sex, and Extrajudicial Constitutional Change
- Generous to a Fault? Fair Shares and Charitable Giving
- The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, and the States
- Gagging on the First Amendment: Assessing Challenges to the Reauthorization Act's Nondisclosure Provisions
- The Gift that Keeps on Taking: How Federal Banking Laws Prevent States from Enforcing Gift Card Laws
- Removing the Judicial Gag Rule: A Proposal for Changing Judicial Speech Regulations to Encourage Public Discussion of Active Cases
Volume 92
- Claiming Innocence
- Toward a Functional Definition of Publication in Copyright Law
- Adaptive Federalism: The Case Against Reallocating Environmental Regulatory Authority
- Why the Motion to Dismiss Is Now Unconstitutional
- Reasonable Means: Unavailable Declarants After United States v. Yida
- Striking a Balance: An Open Courts Analysis of the Uniform Emergency Volunteer Health Practitioners Act
- Patent Licensing and Discretion: Reevaluating the Discretionary Prong of Declaratory Judgment Jurisdiction After MedImmune
- Minimum Wages and Low Wage Workers: How Does Reality Match the Rhetoric?
- Representing Low-Wage Workers in the Absence of a Class: The Peculiar Case of Section 16 of the Fair Labor Standards Act and the Underenforcement of Minimum Labor Standards
- Toward a Robust Separation of Powers: Recapturing the Judiciary's Role at Sentencing
- A Mock Funeral for a First Amendment Double Standard: Containing Coercion in Secondary Labor Boycotts
- Preemption and Civic Democracy in the Battle Over Wal-Mart
- How Wal-Mart Fights Unions
- Labor Law After Legalization
- Remedies for Undocumented Noncitizens in the Workplace: Using International Law to Narrow the Holding of Hoffman Plastic Compunds, Inc. v. NLRB
- The Publicization of Home-Based Care Work in State Labor Law
- Counting What Matters: Privatiziation, People With Disabilities, and Low-Wage Work
- BONGHiTS4JESUS.COM? Scrutinizing Public School Authority over Student Cyberspeech Through the Lens of Personal Jurisdiction
- The Legacy of Bryan v. Itasca County: How and Erroneous $147 County Tax Notice Helped Bring Tribes $200 Billion in Indian Gaming Revenue
- Amending the Exceptions Clause
- Property Rights and the Efficient Exploitation of Copyrighted Works: An Empirical Analysis of Public Domain and Copyrighted Fiction Bestsellers
- Beyond Incoherence: The Roberts Court's Deregulatory Turn in FEC v. Wisconsin Right to Life
- Usury Law, Payday Loans, and Statutory Sleight of Hand: Salience Distortion in American Credit Pricing Limits
- Modernizing Medicare: Protecting America's Most Vulnerable Patients from Predatory Health Care Marketing Through Accessible Legal Remedies
- Capturing the Ghost: Expanding Federal Rule of Civil Procedure 11 to Solve Procedural Concerns with Ghostwriting
- Courtroom Demeanor: The Theater of the Courtroom
- More Is Not Always Better than Less: An Exploration in Property Law
- Holdup, Royalty Stacking, and the Presumption of Injunctive Relief for Patent Infringement: A Reply to Lemley and Shapiro
- The Behavioral Economics of Consumer Contracts
- The Neoclassical Economics of Consumer Contracts
- Interpreting the Law of War: Rewriting the Rules of Engagement to Policy Iraq
- Moving from "Broken Windows" to Healthy Neighborhood Policy: Reforming Urban Nuisance Law in Public and Private Sectors
- State Habeas Relief for Federal Extrajudicial Detainees
- Beyond Liability: Rewarding Effective Gatekeepers
- Judicial Interpretation in the Cost-Benefit Crucible
- A New Vision of Public Enforcement
- No Free Parking: Obtaining Relief from Trademark-Infringing Domain Name Parking
- How the Presumption Against Extraterritoriality Has Created a Gap in Environmental Protection at the 49th Parallel
Volume 91
- Immigration Law and the Regulation of Marriage
- Why Supreme Court Justices Should Ride Circuit Again
- The Scientific Study of Judicial Activism
- When Judges Lie (And When They Should)
- Concordance and Conflict in Intuitions of Justice
- From Deference to Restraint: Using the Chevron Framework to Evaluate Presidential Signing Statements
- "Macro-Transparency" as Structural Directive: A Look at the NSA Surveillance Controversy
- The Death of FISA
- The Untold Story of Al Qaeda's Administrative Dilemmas
- Immigration Reform, National Security After September 11, and the Future of North American Integration
- The Preventive Paradigm and the Perils of Ad Hoc Balancing
- The Political Constitution of Emergency Powers: Some Lessons from Hamdan
- An Anti-Authoritarian Constitution? Four Notes
- Hamdan and Common Article 3: Did the Supreme Court Get It Right?
- Congress, The Supreme Court, and Enemy Combatants: How Lawmakers Buoyed Judicial Supremeacy by Placing Limits on Federal Court Jurisdiction
- Clear Support or Cause for Suspicion? A Critique of Collective Scienter in Securities Litigation
- Kiss, Kiss, Bang, Bang: How Current Approaches to Domestic Violence Fail to Save Women's Lives
- An Unacceptable Exception: The Ramifications of Physician Immunity From Medical Procedure Patent Infringement
- The Executive Reports, We Decide: The Constitutionality of an Executive Question and Report Period
- Can Our Culture Be Saved? The Future of Digital Archiving
- The Perfect Storm of Retirement Insecurity: Fixing the Three-Legged Stool of Social Security, Pensions, and Personal Savings
- Rewriting Rule 68: Realizing the Benefits of the Federal Settlement Rule by Injecting Certainty into Offers of Judgment
- Protecting Communities from Unwarranted Environmental Risk: A NEPA Solution for ICCTA
- Revisiting Dreyfus: A More Complete Account of a Trial by Mathematics
- Sex Torts
- Parental Support of Adult Children with Disabilities
- A Simple Statutory Solution to Minority Oppression in the Closely Held Business
- Crossing the Color Line: Racial Migration and the One-Drop Rule, 1600-1860
- Citizen Journalism and the Reporter's Privilege
- "Don't Read This If It's Not For You": The Legal Inadequacies of Modern Approaches to E-Mail Privacy
- Third-Party Copyright Liability After Grokster
- The Anticompetitive Effects of Underenforced Invalid Patents
- Juveniles' Competence to Exercise Miranda Rights: An Empirical Study of Policy and Practice
- Continuing The Path to Excellence: University of Minnesota Law School Dean Alex M. Johnson
- The Future of the Legal Profession
Volume 90
- From House to Home: Creating a Right to Early Lease Termination for Domestic Violence Victims
- Compulsory Process and the War on Terror: A Proposed Framework
- Establishing a Substantial Limitation In Interacting with Others: A Call for Clearer Guidance from the EEOC
- The Limits of Their World
- An Embedded Options Theory of Indefinite Contracts
- Government Regulation of Irrationality: Moral and Cognitive Hazards
- The Need for Mead: Rejecting Tax Exceptionalism in Judicial Deference
- It’s a Bird, It’s a Plane, No, It’s Super Precedent: A Response to Farber and Gerhardt
- Determining a Corporation's Principal Place of Business: A Uniform Approach to Diversity Jurisdiction
- Embracing Equity: A New Remedy for Wrongful Health Insurance Denials
- Increasing E-Quality in Rural America: U.S. Spectrum Policy and Adverse Possession
- The Incentives Approach to Judicial Retirement
- Reintroducing Circuit Riding: A Timely Proposal
- The Supreme Court and Its Shrinking Docket: The Ghost of William Howard Taft
- Should the Supreme Court Fear Congress?
- The Supreme Court, the Rules Enabling Act, and the Politicization of the Federal Rules: Constitutional and Statutory Implications
- When is Knowing Less Better Than Knowing More? Unpacking the Controversy over Supreme Court Reference to Non-U.S. Law
- Representative Government, Representative Court? The Supreme Court as a Representative Body
- Super Precedent
- The Rule of Law and the Law of Precedents
- Political Constraints on Supreme Court Reform
- The Future of the Supreme Court: Institutional Reform and Beyond
- Fruit of the Poison Tree: A First Amendment Analysis of the History and Character of Intelligent Design Education
- Pharmacist Refusals: Dispensing (With) Religious Accommodation Under Title VII
- A Psychology of Emotional Legal Decision Making: Revulsion and Saving Face in Legal Theory and Practice
- The Problem of Authority: Revisiting the Service Conception
- Why the Defense of Marriage Act Is Not (Yet?) Unconstitutional: Lawrence, Full Faith and Credit, and the Many Societal Actors That Determine What the Constitution Requires
- The Police Power Revisited: Phantom Incorporation and the Roots of the Takings “Muddle”
- Reformulating the Miranda Warnings in Light of Contemporary Law and Understandings
- Giving Lawrence Its Due: How the Eleventh Circuit Underestimated the Due Process Implications of Lawrence v. Texas in Lofton v. Secretary of the Department of Children & Family Services
- What Doth It Profit? Pelikan's Parallels
- A Certain Mongrel Court: Congress's Past Power and Present Potential To Reinforce the Supreme Court
- The Marshall Court and the Originalist's Dilemma
- The "Duty" To Be a Rational Shareholder
- Meet Me at the (West Coast) Hotel: The Lochner Era and the Demise of Roe v. Wade
- Unsubsidizing Suburbia
- Lawyers, Justice, and the Challenge of Moral Pluralism
- A Theory of Copyright's Derivative Right and Related Doctrines
- Substantive Due Process as a Source of Constitutional Protection for Nonpolitical Speech
- Tax Increment Financing: Public Use or Private Abuse?
- Playing with "Monopoly Money": Phony Profits, Fraud Penalties and Equity
- Justice Holmes, Buck v. Bell, and the History of Equal Protection
- Retaliation
- Introduction to Socratic Method and the Irreducible Core of Legal Education
- Socratic Method and the Irreducible Core of Legal Education