Volume 90 - No. 6 Minnesota Law Review

The Need for Mead: Rejecting Tax Exceptionalism in Judicial Deference

This Article takes the controversial position that Treasury regulations are entitled to judicial deference under the Chevron doctrine, as clarified by the Supreme Court in the more recent Mead case, whether those regulations promulgated pursuant to specific authority delegated in a substantive provision of the Internal Revenue Code or in the exercise of general authority […]

Read More :: View PDF

Government Regulation of Irrationality: Moral and Cognitive Hazards

Behavioral law and economics scholars who advance paternalistic policy proposals typically employ static models of decision-making behavior, despite the dynamic effects of paternalistic policies. This Article considers how paternalistic policies fare under a dynamic account of decision making that incorporates learning and motivation effects. This approach brings out two important limitations on the efficiency effects […]

Read More :: View PDF

An Embedded Options Theory of Indefinite Contracts

Option theory is beginning to generate robust insights in the legal literature, and it is particularly well-suited to contract law. This Article develops an embedded options theory of indefinite contracts, focusing on the proper scope of the indefiniteness doctrine—a core principle of contract law invalidating contracts that are too vague. This approach offers answers to […]

Read More :: View PDF

Review Essay, The Limits of Their World

Read More :: View PDF

Note, Establishing a Substantial Limitation in Interacting with Others: A Call for Clearer Guidance from the EEOC

Congress enacted the Americans with Disabilities Act (ADA) with the goal of providing clear and consistent standards for eliminating discrimination against persons with disabilities. To be disabled within the meaning of the ADA, a person must have a physical or mental impairment that substantially limits a major life activity. This definition seems simple on its […]

Read More :: View PDF

Note, Compulsory Process and the War on Terror: A Proposed Framework

The War on Terror has presented numerous questions never before examined in our constitutional jurisprudence. The challenges imposed on our legal system since 9/11 compel the judiciary to protect constitutional rights in the most difficult of circumstances. One of these challenges requires our civilian criminal justice system to reconcile a criminal defendant’s constitutional right to […]

Read More :: View PDF

Note, From House to Home: Creating a Right to Early Lease Termination for Domestic Violence Victims

Domestic violence remains one of society’s most pervasive and complicated problems. Among the complexities lies a victim’s difficult decision to leave an abuser. In an overwhelming majority of states, domestic violence victims also face the financial burden of terminating their residential leases when deciding to flee abuse. Such monetary hardships prevent victims from leaving their […]

Read More :: View PDF

De Novo

  • Dan’s Flaw

    DAN’S [F]LAW: STATUTORY FAILURE TO ENFORCE ETHICAL BEHAVIOR IN CLINICAL DRUG TRIALS Noah Lewellen* I. INTRODUCTION Paul, a sophomore at the University of Minnesota, bursts into a lecture hall, loudly claims to see monsters sitting in the seats, and offers his services in slaying them. The police are called, and […]

  • 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 […]