Headnotes

Authentic Reproductive Regulation

In this response to I. Glenn Cohen’s article, Regulating Reproduction, Professor Crawford notes the ways in which Professor Cohen’s questioning of “best interests” logic challenges legal scholars to reexamine received wisdom. She then evaluates Professor Cohen’s critique of “best interests” in the context of income taxation of surrogates. Professor Crawford concludes that Professor Cohen’s “unmasking” [...]

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Crawford v. Washington: What Would Justice Thomas Do?

In Crawford v. Washington, the Supreme Court overruled the Ohio v. Roberts “reliability” test for the admission of hearsay statements as against a Confrontation Clause objection in criminal cases. The Court did so in part on the basis that the Roberts test was inherently unpredictable. The Court replaced the Roberts test with a case-by-case analysis [...]

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A Response to Professor I. Glenn Cohen’s Regulating Reproduction: The Problem with Best Interests

In this response to Professor I. Glenn Cohen’s article, Regulating Reproduction: The Problem with Best Interests, Professor Alvaré argues that rules restricting reproductive freedom serve an important societal purpose and need not be abandoned simply because they cannot be supported by a “best interests of the resulting child” (“BIRC”) rationale. Professor Alvaré acknowledges that such [...]

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A Response to Appleton and Pollak

This article responds to Exploring the Connections Between Adoption and IVF: Twibling Analyses, by Professors Susan Frelich Appleton and Robert A. Pollak. Professors Cohen and Chen begin by emphasizing several valuable contributions made in Professors Appleton and Pollak’s article. Then, in an effort to crystallize a number of important points, Professors Cohen and Chen note [...]

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A Better Solution to Moral Hazard in Employment Arbitration: It Is Time to Ban Predispute Binding Arbitration Clauses? A Response to LeRoy

In this Response, Professors Bingham and Good take a second look at Professor Michael LeRoy’s statistics from his article, Do Courts Create Moral Hazard? When Judges Nullify Employer Liability in Arbitrations, and draw somewhat different conclusions. They then suggest a different policy prescription to address the problem: banning mandatory predispute arbitration clauses in the employment context altogether.

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The National Surveillance State: A Response to Balkin

In this Response, Professor Kerr concurs with Professor Balkin in The Constitution and the National Surveillance State that the development of new technology presents problems for the law. But for Kerr, those problems do not demand a shift to a new kind of governance, but rather adaptation of the law to the new technology.

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Climate Change and Reassessing the “Right” Level of Government: A Response to Bronin

In this Response, Professor Klass further explores and amplifies the federalism issues that Professor Sara Bronin introduced in her article The Quiet Revolution Revived: Sustainable Design, Land Use, and the States. Professor Klass ultimately advocates applying the “cooperative federalism” approach used in other areas of environmental law to the problems of local regulation of green building.

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Innovating Between and Within Technological Paradigms: A Response to Samuelson

In this Response, Professor Lee builds on Professor Samuelson’s Are Patents on Interfaces Impeding Interoperability? to emphasize that the social costs and benefits of interface patents are highly context-specific. Invoking the concept of “technological paradigms,” Professor Lee argues that strong interface patents can promote significant technological advances in contested industries, but that ex post policy interventions [...]

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Speaking of Silence: A Reply to Making Defendants Speak

In this Response, Professors Judges and Cribari concentrate on explaining why they do not share Professor Sampsell-Jones’s underlying antipathy to the Fifth Amendment right to silence at trial. That antipathy, also frequently expressed by other commentators, is reflected in the article’s proposed rejection of Griffin v. California’s prohibition regarding adverse inferences from the defendant’s assertion [...]

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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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News & Events

  • 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. [...]

  • Vol. 97 Lead Piece Cited in Al Jazeera Opinion Piece

    A recent Al Jazeera opinion piece that criticizes the Supreme Court’s Daimler decision cites to Volume 97′s lead piece, How Business Fares in the Supreme Court. You can read the Al Jazeera piece here.

  • Masthead for Volume 99 Board

    The masthead for the Board of Volume 99 of the Minnesota Law Review is now available. You can view the masthead here.

  • Above the Law Post Highlights MLR‘s Jump in Journal Rankings

    A recent post on Above the Law highlights the fact that the Minnesota Law Review was ranked 11th in the most recent 2013 edition of the Washington & Lee Law Review Rankings. You can read the post here.

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