Headnotes

Substantial Government Interference with Prosecution Witnesses: The Ninth Circuit’s Decision in United States v. Juan

On January 7, 2013, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued its decision in United States v. Juan.  As a matter of first impression, the Ninth Circuit held that the constitutional proscription on substantial governmental interference with defense witnesses also applies to prosecution witnesses.  By extending the “substantial [...]

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No Explanation Required? A Reply to Jeffrey Bellin’s eHearsay

You see why I tell you I ain’t want to be no damn juror. Some dude just come by my house and tell me he going pay me money to say not guilty. Now I don’t know what to do, because if I tell the judge they’re going to know it’s me. I know, right. [...]

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Government Endorsement: A Reply to Nelson Tebbe’s Government Nonendorsement

In this response to Nelson Tebbe’s Government Nonendorsement, Abner Greene continues to develop his “thick perfectionist” view of government speech, arguing that the state may use its speech powers to advance various views of the good, from left, center, and right, even on controversial issues. Greene supports Tebbe’s view that there are some limits on [...]

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Sonia Sotomayor: Role Model of Empathy and Purposeful Ambition

In writing her memoir, My Beloved World, U.S. Supreme Court Justice Sonia Sotomayor expressly acknowledges that she is a public role model and embraces this responsibility by making herself accessible to a broad audience. As a public figure, she sees an opportunity to connect with others through an account of her life journey, with details [...]

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Regulating Pollen

The most common allergen is pollen, and pollen causes the most common allergy, known as “hay fever.” While pollen allergies might appear to be the unavoidable cost of living with flowering plants, the suffering engendered by pollen allergies is largely our own creation. Plants will always flower, but people have built a world that increases [...]

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Restructuring the U.S. Tax Court:A Reply to Stephanie Hoffer and Christopher Walker’s The Death of Tax Court Exceptionalism

This is an invited response piece to the Walker & Hoffer article, The Death of Tax Court Exceptionalism. Our special thanks to Professor Lederman for penning this excellent response.

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Clinging to the Common Law in an Age of Statutes: Criminal Law in the States

Among the earliest adopters of the Model Penal Code, Illinois codified its entire General Part, including the provisions on accountability, legislatively altering numerous common law positions that required change.  Thus, as of 1961, its accountability statute predicated accomplice liability on one’s purposefully giving aid to the principal actor.  Unfortunately, those changes were resisted by the [...]

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[Insert Company Name] Sucks: A Response to Speech, Citizenry and the Market

This piece is a response to Deven Desai’s Speech, Citizenry, and the Market: A Public Corporate Figure Doctrine. Our thanks to Mr. Crowe for publishing this excellent response piece with the Minnesota Law Review

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Tax Credits on Federally Created Exchanges: Lessons from a Legislative Process Failure Theory of Statutory Interpretation

This Essay advocates that the question of whether, under the Affordable Care Act, individuals who purchase insurance on federally created exchanges are eligible for tax credits should be interpreted using a recently proposed method of reading statutes – the “legislative process failure theory of statutory interpretation.” Under this theory, courts should not rely on traditional judicial [...]

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The Limitations of Economic Reasoning in Analyzing Duress

Abstract My colleagues and friends, Mark Seidenfeld and Murat Mungan, have made an interesting attempt to reduce the doctrine of duress in contract law to an inquiry about “rent-seeking,” by which they mean attempts to redistribute rather than to produce wealth. There is much truth in their argument, and they are admirably sensitive to many factors [...]

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News & Events

  • Fall Submissions Open – Headnotes

    The Minnesota Law Review: Headnotes fall submissions period is open. For more information, please visit our submissions page.

  • Vol. 97 Piece Quoted in Mother Jones Article

    A recent Mother Jones article predicting how the Roberts Court would resolve King v. Burwell draws on How Business Fares in the Supreme Court from Volume 97. You can read the article here.

  • Welcome to De Novo

    For nearly one hundred years, the Minnesota Law Review has been a leader amongst academic legal publications. When Professor Henry J. Fletcher launched the journal in 1917, his goal was simple. It was to “contribute a little something to the systematic growth of the whole law.” Since then, the Law [...]

  • 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. [...]

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