Print Issue Volume 100 - Issue 1

Note: A Merry-Go-Round of Metal and Manipulation: Toward a New Framework for Commodity Exchange Self-Regulation

The 2013 revelation of Goldman Sachs’ unsavory aluminum warehousing practices led to public uproar and political backlash. In November 2014, Congress released a damning report detailing Wall Street’s involvement in numerous commodities markets and finding rampant manipulation. As a result, the Federal Reserve is reexamining its regulation of financial holding companies (FHCs) and their commercial […]

Read More :: View PDF

Back to the Future? Legal Scholarship in the Progressive Era and Today

This Article introduces Volume 100 of the Minnesota Law Review. Like much of legal scholarship today, Issue 1 was deeply and unapologetically embedded in the concerns of its day, which was on the cusp between the Progressive Era and the outbreak of World War I. It is not uncommon to contrast modern legal scholarship with […]

Read More :: View PDF

Against Jawboning

Despite the trend towards strong protection of speech in U.S. Internet regulation, federal and state governments still seek to regulate online content. They do so increasingly through informal enforcement measures, such as threats, at the edge of or outside their authority—a practice this Article calls “jawboning.” The Article argues that jawboning is both pervasive and […]

Read More :: View PDF

Revitalizing Dormant Commerce Clause Review for Interstate Coordination

Interstate coordination presents one of the most difficult challenges for American federalism as well as for energy markets and policy. Existing laws vest the approval of large-scale energy infrastructure projects such as interstate oil pipelines and high-voltage, interstate electric transmission lines with state and local levels of government. At the same time, state siting and […]

Read More :: View PDF

Why Rape Should Not (Always) Be a Crime

This Article argues that the criminal law is simply not up to the task of policing a huge amount of sexual assault. The on-going initiative to curb the prevalence of sexual misconduct on college campuses abandons the criminal law and uses discrimination doctrine to dislodge the norms that criminal rape reform tried, but failed, to […]

Read More :: View PDF

Outrageous and Irrational

A wealth of scholarship comments on enumerated and unenumerated fundamental rights, such as freedom of speech, the right to marital privacy, and suspect classifications that trigger elevated judicial scrutiny. This Article discusses the other constitutional cases—the ones that implicate no fundamental right or suspect classification, but nevertheless ask for relief from uncategorizable abuses of power. […]

Read More :: View PDF

Note: Social Group Semantics: The Evidentiary Requirements of “Particularity” and “Social Distinction” in Pro Se Asylum Adjudications

The Board of Immigration Appeals (BIA) has turned the particular social group standard into a game of semantics. This Note argues that this game’s evidentiary requirements disfavor pro se asylum applicants by requiring sociological evidence—primarily in the form of expert testimony. An applicant applying for asylum on the basis of membership in a particular social […]

Read More :: View PDF

Note: Remodeling “Model Aircraft”: Why Restrictive Language That Grounded the Unmanned Industry Should Cease To Govern It

The notion of a “next frontier” is in perpetual flux. Our understanding thereof shifts towards those concepts with the potential for change and growth. A century ago, with the development of commercial flight, airspace seemed to qualify as the next frontier. Today, drone technology has revitalized this same interest in exploiting overlying airspace for commercial […]

Read More :: View PDF

De Novo

  • What the Tax Bill Means for Students

    WHAT THE “TAX CUTS AND JOBS ACT” MEANS FOR STUDENTS: DO WE WANT INCENTIVES OR SIMPLIFICATION? By: Melanie Pulles Benson, Volume 102 Staff Member The new House tax reform bill, the “Tax Cuts and Jobs Act” (“Act”), significantly departs from the current tax code.[1] The Act alters the tax brackets, […]

  • Losing Bigly

    LOSING BIGLY: HOW THE ACLU’S COMPLAINT FORCED THE U.S. GOVERNMENT TO RELEASE ROSA MARIA By: David Racine, Volume 102 Staff Member On October 25, 2017, U.S. Customs and Border Protection (CBP) detained Rosa Maria Hernandez, a ten-year-old child with cerebral palsy who was recovering from an emergency surgery she endured […]

  • Silent and Ambiguous

    SILENT AND AMBIGUOUS: THE SUPREME COURT DODGES CHEVRON AND LENITY IN ESQUIVEL-QUINTANA V. SESSIONS By: David Hahn, Volume 102 Staff Member[1] Twenty-year-old Juan Esquivel-Quintana—a lawful permanent resident from Mexico—had consensual sex with his sixteen-year-old girlfriend.[2] This violated California’s statutory rape statute,[3] and he pled no contest in state court.[4] The […]


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