Justice David Stras Tribute

Before his appointment to the Minnesota State Supreme Court, Justice David Stras was the faculty advisor to the Minnesota Law Review . In recognition of his appointment, this Tribute features essays from Dean David Wippman, Professor Robert Stein, Professor Tim Johnson, and Professor Ryan Scott.

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Exploring the Connections Between Adoption and IVF: Twibling Analyses

This essay responds to Trading-Off Reproductive Technology and Adoption: Does Subsidizing IVF Decrease Adoption Rates and Should It Matter?, in which I. Glenn Cohen and Daniel L. Chen analyze what they describe as an arm-chair principle called “the substitution theory”–the claim that facilitating treatment for infertility, including subsidizing in vitro fertilization (IVF), decreases adoptions. Cohen [...]

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Toward a Theory of Extraterritoriality

In this Response to Jeffrey Meyer’s Dual Illegality and Geoambiguous Law: A New Rule for Extraterritorial Application of U.S. Law, Professor Gibney commends Professor Meyer’s efforts to theorize a comprehensive framework for understanding the extraterritorial scope and limits of United States law.  Professor Meyer’s proposal would give a territorial reading to U.S. law unless (1) [...]

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Comment: “Anticompetitive Effect”

Anticompetitive Effect by Judge Cudahy and Mr. Devlin focuses on a critical issue in antitrust jurisprudence: whether anticompetitive effect should be evaluated under an “aggregate welfare approach to competition” or under a “consumer welfare” approach. What hangs in the balance is the future efficacy of both public and private enforcement. This Comment traces the history [...]

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De Novo

  • 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 [...]

  • Defying Auer Deference

    DEFYING AUER DEFERENCE: SKIDMORE AS A SOLUTION TO CONSERVATIVE CONCERNS IN PEREZ v. MORTGAGE BANKERS ASSOCIATION Nicholas R. Bednar, Volume 100, Lead Articles Editor* On March 9, 2015, the Supreme Court of the United States handed down its decision in Perez v. Mortgage Bankers Association.[1]F The Court overturned the D.C. [...]