Minnesota Law Review

The “Duty” To Be a Rational Shareholder

How and when do courts determine that corporate disclosures are actionable under the federal securities laws?  The applicable standard is materiality: would a (mythical) reasonable investor have considered a given disclosure important.  Through empirical and statistical testing of approximately 500 cases analyzing the materiality standard, Professor Hoffman concludes that judicial finding of immateriality are remarkably [...]

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The Marshall Court and the Originalist’s Dilemma

In response to Anti-Federalist complaints that the Constitution was dangerous because it was ambiguous, James Madison and Alexander Hamilton argued that judges would construe the Constitution in the same manner that they construed statutes, and in the process would fix the meaning of ambiguous constitutional provisions.  In other words, on at least one account, the [...]

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A Certain Mongrel Court: Congress’s Past Power and Present Potential To Reinforce the Supreme Court

The conventional view is that the constitutional mandate that “[t]he judicial power of the United States shall be vested in one supreme Court” precludes legislation creating some sort of back-up Court. This reading is rooted in the idea that the word “one” in “one supreme Court” must be read to mean “one [indivisible].” If this [...]

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What Doth It Profit? Pelikan’s Parallels

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Comment, Giving Lawrence Its Due: How the Eleventh Circuit Underestimated the Due Process Implications of Lawrence v. Texas in Lofton v. Secretary of the Department of Children & Family Services

John Doe was born an orphan.  His life changed immediately when Steven Lofton adopted him.  But John has no assurance that the State will allow him to remain with his family.  Although John calls his foster father “Dad,” that will never be Steven Lofton’s legal title.  John’s foster father is gay, and their relationship is [...]

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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. [...]