RECENT HEADNOTES ARTICLES

The Supreme Court’s Quiet Expansion of Qualified Immunity

This Essay discusses the Supreme Court’s tendency in recent opinions to covertly expand the reach of the qualified immunity defense available to public officials in § 1983 civil rights suits. In particular, the Essay points out that the Court, often in per curiam rulings, has described qualified immunity in increasingly broad terms and has qualified […]

Read More :: View PDF

The Supreme Court’s Quiet Expansion of Qualified Immunity

Read More :: View PDF

The Optimal Scope of Physicians’ Duty to Protect Patients’ Privacy

When discussing the optimal scope of the duty to protect patients’ privacy, the literature compares two incommensurable interests: privacy and safety. Policymakers face a difficult task when trying to find an optimal solution, balancing these two, often conflicting, interests. In this article, we confront the trade-off between patient confidentiality and public safety as manifested in […]

Read More :: View PDF

Paying High for Low Performance

This Essay argues that regulatory reforms in the area of executive compensation introduced by the Dodd-Frank Act of 2010 have not yet achieved their purpose of linking executive pay with company performance. The rule on shareholder say-on-pay appears to have had limited success over the five proxy seasons since its adoption. The rule on pay […]

Read More :: View PDF

Obergefell and the “New” Reproduction

Read More :: View PDF

The Limitations of Economic Reasoning in Analyzing Duress

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 that […]

Read More :: View PDF

Due Process Limits on Accomplice Liability

In a prior piece in this journal, I noted some disturbing developments in the law of accomplice liability. By definition, complicity law attaches guilt to the accomplice for the criminal acts of others.  Thus, no matter how trivial the assistance or commitment, she is as guilty as the actual criminal actor.  The notion of guilt for subsequent crimes […]

Read More :: View PDF

© 2011-2016 Minnesota Law Review. All Rights Reserved.