Print Issue Volume 102 - Issue 1

Constitutional Reasonableness

The concept of reasonableness pervades constitutional doctrine. The concept has long served to structure common law doctrines from negligence to criminal law, but its rise in constitutional law is more recent and diverse. This Article aims to unpack surprisingly different formulations of what the term reasonable means in constitutional doctrine, which actors it applies to, […]

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Valuing Identity

Popular engagement with black racial identity is steadily increasing. From the protest slogan “Black Lives Matter,” to the visibility of black racial identity on number-one-debuting visual albums like Lemonade, blackness is increasingly visible in mainstream American culture. At the same time, “Black Lives Matter” gave way to “All Lives Matter,” and American courts continue their […]

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Carbon Taxation by Regulation

This Article argues that carbon taxation by regulation has begun to flourish as a way of financing carbon reduction, even as a full national carbon tax remains politically elusive. For more than a century, energy rate setting has been used to promote public good and redistributive goals, akin to general financial taxation. Nontax subsidies in […]

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Strengthening Cybersecurity with Cyberinsurance Markets and Better Risk Assessment

Cybersecurity is an increasingly important element of infrastructure and commerce. Courts are starting to shape the doctrine of third-party liability for cyberattacks and data breaches. For businesses that rely on computers and the Internet, these developments affect their bottom line. There is a lot of interest in managing these emerging cyber risks and associated cyber […]

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Note: Drilling and Community Consent: How Oil and Gas Boards Can Address the Public Health Threats Posed by Fracking

Natural gas is heralded by the political right as a path to energy independence; it is heralded on the left as a bridge to cleaner energy. Fracking, a commonplace method for natural gas extraction, is not going away any time soon. Along with the boon of natural gas come potential risks to human health and […]

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Note: The Juvenile Ultimatum: Reframing Blended Sentencing Laws to Ensure Juveniles Receive a Genuine “One Last Chance at Success”

Blended sentencing laws allow judges to impose either or both a juvenile court disposition and an adult criminal court sentence on certain juvenile offenders. Minnesota’s blended sentencing statute, known as Extended Jurisdiction Juvenile (EJJ), was enacted in 1995 with the intention of giving juveniles “one last chance at success in the juvenile system.” Under Minnesota’s […]

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Note: Reconsidering Home Rule and City-State Preemption in Abandoned Fields of Law

When state governments overrule local ordinances, but do not replace those local laws with affirmative statewide policies, does that constitute a valid act of city-state preemption? From North Carolina, where the passage of the now infamous (and recently repealed) HB2 overruled Charlotte’s LGBT civil protections; to Arizona, where a recent state law can subject any […]

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Remembrance of Judge Myron Bright

This issue of Minnesota Law Review is dedicated to the memory of The Honorable Myron H. Bright. A 1947 graduate of the University of Minnesota Law School and member of the student editorial board of Minnesota Law Review Volume 33, Judge Bright was appointed to the United States Court of Appeals for the Eighth Circuit […]

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Remembrance of Judge Myron Bright

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In Memoriam Judge Myron Bright

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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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