Print Issue Volume 100 - Issue 5

Anthony Amsterdam’s Perspectives on the Fourth Amendment, and What It Teaches About the Good and Bad in Rodriguez v. United States

Anthony Amsterdam’s article, Perspectives On The Fourth Amendment, is one of the best, if not the best, law review articles written on the Fourth Amendment. My Article connects two perspectives from Amsterdam’s article—the Fourth Amendment’s concern with discretionary police power and the Framers’ vision of the Fourth Amendment to bar arbitrary and ruleless searches and […]

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Regaining Perspective: Constitutional Criminal Adjudication in the U.S. Supreme Court

Anthony Amsterdam’s seminal Perspectives on the Fourth Amendment opens with a discussion of the various institutional “vexations” that confront the Supreme Court when it works to interpret and implement the Fourth Amendment.  Commemorating the centennial volume of the Review that first published that legal classic, this Article offers a renewed assessment of the institutional vexations […]

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“The More Things Change . . .”: New Moves for Legitimizing Racial Discrimination in a “Post-Race” World

In his foundational Minnesota Law Review article, Legitimizing Racial Discrimination Through Antidiscrimination Law: A Critical Review of Supreme Court Doctrine, Critical Legal Studies (CLS) scholar Alan D. Freeman reviewed 25 years of U.S. Supreme Court jurisprudence with the goal of analyzing the disjuncture between the statutory and constitutional prohibition of racial discrimination and the continuing […]

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Will LGBT Antidiscrimination Law Follow the Course of Race Antidiscrimination Law?

This Article examines several decades of race antidiscrimination law to conjecture about the course LGBT civil rights might take following Obergefell v. Hodges. It draws from Alan Freeman’s germinal Minnesota Law Review article, Legitimizing Racial Discrimination Through Antidiscrimination Law: A Critical Review of Supreme Court Doctrine, and asks whether Freeman’s thesis that race antidiscrimination law […]

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New Economy, Old Biases

Alan David Freeman’s seminal article, Legitimizing Racial Discrimination Through Antidiscrimination Law: A Critical Review of Supreme Court Doctrine, provided a pathbreaking account of Supreme Court jurisprudence. Professor Freeman observed that the law guaranteed racial equality while simultaneously rationalizing the ongoing existence of grievous inequality. This Symposium Article demonstrates that Professor Freeman’s observations remain accurate today, and […]

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Note: Anticompetitive Until Proven Innocent: An Antitrust Proposal To Embargo Covert Patent Privateering Against Small Businesses

Policy-makers have become increasingly wary of a new patent litigation strategy called “patent privateering.” Through licensing or transfers of patents, companies can sponsor and direct—or privateer—other entities (often called patent assertion entities (or PAEs)) to sue competitors for patent infringement. Unlike patent trolling, patent privateering is not purposed on collecting settlements or licensing fees—though, such […]

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Note: Maximizing the Min-Max Test: A Proposal To Unify the Framework for Rule 403 Decisions

Rule 403 of the Federal Rules of Evidence applies to virtually every piece of evidence introduced in federal proceedings, permitting the trial judge to exclude evidence if the danger of unfair prejudice substantially exceeds the evidence’s probative value. By requiring that the danger of prejudice substantially outweigh probative value in order to authorize exclusion, Rule […]

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Standing on the Shoulders of Giants: Celebrating 100 Volumes of the Minnesota Law Review

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The Most-Cited Articles from the Minnesota Law Review

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The United States Supreme Court (Mostly) Gives Up Its Review Role with Ineffective Assistance of Counsel Cases

Gideon v. Wainwright is arguably the most significant criminal justice decision in American history. Gideon’s recognition of indigent criminal defendants’ right to publicly funded counsel had an immediate and enormous impact on the fate of defendants nationwide. Despite the widely acknowledged problems with providing adequate representation in the years since Gideon, succeeding on ineffective assistance […]

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De Novo

  • After Marriage Equality

    AFTER MARRIAGE EQUALITY: LGBT NONDISCRIMINATION LAWS IN MASTERPIECE CAKESHOP By: Joshua Preston, Volume 102 Staff Member Obergefell v. Hodges (2015) was a watershed moment in extending the full benefits of society to members of the LGBT community.[1] Though the freedom to marry was won, Obergefell failed to address the broader […]

  • Armstrong v. Exceptional Child Center

    ARMSTRONG V. EXCEPTIONAL CHILD CENTER: WHO SHOULD ENFORCE MEDICAID EQUAL ACCESS? By: Jessica Wheeler, Volume 102 Staff Member Deamonte Driver, a twelve-year-old Medicaid beneficiary, died from an untreated tooth abscess when the infection spread to his brain.[1] His death could have been prevented had his tooth been removed months earlier […]

  • 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, […]


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