Minnesota Law Review

Substantive Due Process as a Source of Constitutional Protection for Nonpolitical Speech

Present First Amendment doctrine presumptively protects anything within the descriptive category “expression” from government regulation, subject to balancing against countervailing government interests. As government actions during the present War on Terrorism have made all too clear, that doctrine allows intolerable suppression of political debate and dissent—the expressive activity most integral to our constitutional design. At [...]

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A Theory of Copyright’s Derivative Right and Related Doctrines

Although many copyrighted works are close substitutes for other copyrighted works, there would be many more close substitutes of certain works in the absence of the derivative right, the exclusive right to create adaptations of a copyrighted work. Yet even the derivative right’s defenders identify the suppression of new expression as a cost of the [...]

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Lawyers, Justice, and the Challenge of Moral Pluralism

Each year law students confront the same question in their professional responsibility classes: should lawyers represent clients who want to use the law to do something immoral? Legal scholars who have addressed this question fall into two main camps: traditionalists and social justice theorists. Traditionalists argue that lawyers should provide the public with morally neutral [...]

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Review Essay, Unsubsidizing Suburbia

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Note, Meet Me at the (West Coast) Hotel: The Lochner Era and the Demise of Roe v. Wade

Long-standing constitutional precedents can be overturned when the original holdings have become “unworkable.” This principle, first articulated in Planned Parenthood of Southeastern Pennsylvania v. Casey and repeated by now-Chief Justice Roberts in his confirmation hearings, provides a creative means for overturning the most controversial precedent of all: Roe v. Wade. While it is unclear what [...]

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De Novo

  • Case Comment: Bhogaita v. Altamonte

    EVERY DOG CAN HAVE HIS DAY IN COURT: THE USE OF ANIMALS AS DEMONSTRATIVE EXHIBITS Kyle R. Kroll, Volume 100, Online Managing Editor In Bhogaita v. Altamonte, the Eleventh Circuit recently decided whether to allow a dog in the courtroom as a demonstrative exhibit.[1] Although the case presented many serious [...]

  • Revisiting Water Bankruptcy

    REVISITING WATER BANKRUPTCY IN CALIFORNIA’S FOURTH YEAR OF DROUGHT Olivia Moe, Volume 100, Managing Editor This spring, as “extreme” to “exceptional” drought stretched across most of California—indicating that a four-year streak of drought was not about to resolve itself[1]—Governor Jerry Brown issued an unprecedented order to reduce potable urban water [...]

  • Defying Auer Deference

    DEFYING AUER DEFERENCE: SKIDMORE AS A SOLUTION TO CONSERVATIVE CONCERNS IN PEREZ v. MORTGAGE BANKERS ASSOCIATION Nicholas R. Bednar, Volume 100, Lead Articles Editor* On March 9, 2015, the Supreme Court of the United States handed down its decision in Perez v. Mortgage Bankers Association.[1]F The Court overturned the D.C. [...]