RECENT HEADNOTES ARTICLES

Reining in Private Agents

Professor Amitai Etzioni discusses the government’s use of private contractors by examining three case studies: data privacy, private policing, and private military contractors. By examining the ways in which the government can avoid certain restrictions by relying on these private agents, Professor Etzioni suggests that a complete reconceptualization may be required.

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Mathis v. U.S. and the Future of the Categorical Approach

The categorical approach and its various iterations has caused confusion in many of the lower courts. Professor Evan Tsen Lee dissects the future of the categorical approach after the Supreme Court’s ruling in Mathis v. United States, while suggesting that there may be alternatives.

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The Twice and Future President Revisited: Of Three-Term Presidents and Constitutional End Runs

Professor Bruce G. Peabody reexamines his 1999 piece published with Volume 83 of the Minnesota Law Review, entitled “The Twice and Future President: Constitutional Interstices and the Twenty-Second Amendment.” Peabody’s 1999 article has generated a significant amount of conversation since the time of its publication and the argument is again renewed in light of commentary surrounding […]

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A Place of Their Own: Crowds in the New Market for Equity Crowdfunding

Crowdfunding was designed as an alternative regime to traditional securities regulation to help small businesses access capital. One problem with this new regime is that crowdfunding rules ignore the special characteristics of crowds. Crowds rely on group heuristics like the “wisdom of the crowd” and are subject to group inefficiencies like information cascades. Treating crowdfunding like traditional fundraising ignores how crowds behave […]

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Improving Technology Neutrality Through Compulsory Licensing

Brad Greenberg’s article, Rethinking Technology Neutrality, challenges a fundamental premise of the current Copyright Act. The Act takes a technology neutral approach to defining the scope of copyright protection. Under the Act, old and new technologies should receive equal treatment with regard to copyright liability as a way to future-proof copyright law and prevent too-frequent […]

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Tie Votes and the 2016 Supreme Court Vacancy

Professor Justin R. Pidot previews his forthcoming piece in Minnesota Law Review, “Tie Votes in the Supreme Court” by summarizing his findings and commenting on how the Justices may approach potential tie votes in Justice Scalia’s absence.

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Justice Scalia’s Innocence Tetralogy

Justice Scalia’s record as it relates to the rights of criminal defendants is as varied as it is wide-ranging. Professor Lee Kovarsky examines the Justice Scalia’s impact on one of those doctrines: “actual innocence.”

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