Minnesota Law Review

Citizen Journalism and the Reporter’s Privilege

The reporter’s privilege is under attack, and “pajama-clad bloggers” are largely to blame. Courts and commentators have argued that because the rise of bloggers and other “citizen journalists” renders it difficult to define who should be considered a reporter entitled to invoke the privilege, the continued existence of the privilege itself is in grave doubt. [...]

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Crossing the Color Line: Racial Migration and the One-Drop Rule, 1600-1860

Scholars describe the one-drop rule—the idea that any African ancestry makes a person black—as the American regime of race. While accounts of when the rule emerged vary widely, ranging from the 1660s to the 1920s, most legal scholars have assumed that once established, the rule created a bright line that people were bound to follow. [...]

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A Simple Statutory Solution to Minority Oppression in the Closely Held Business

Disputes involving closely held businesses come in primarily two varieties. When, as is often the case, the business fails, creditors regularly seek to pierce the corporate veil in an attempt to reach the assets of the business owners. When the business succeeds, on the other hand, those in control often are accused of keeping a [...]

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Parental Support of Adult Children with Disabilities

It is generally agreed that parents should (morally) and must (legally) be required to support their children until they reach the age of majority. This article examines the circumstances in which parents should or must support their children thereafter. Do parents have an indefinite obligation to provide financial support for their children with disabilities? Is [...]

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Sex Torts

America has a serious sexual problem. The sexual practices of a small percentage of Americans have created an unprecedented disease rate that is costing the American public about $20 billion per year. Lawsuits seeking damages for sexual disease transmission are on the rise, yet current sex tort law is mired with anti-heartbalm sentiment, is unpredictable, [...]

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Essay, Revisiting Dreyfus: A More Complete Account of a Trial by Mathematics

Legal literature and case law depict the infamous conviction of Alfred Dreyfus for treason and espionage in 1899 as a prime example of the power of even grossly fallacious mathematical demonstrations to overwhelm a legal tribunal. This Essay shows that Dreyfus is not a case of mathematics run amok, unchecked and uncomprehended. To the contrary, [...]

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Note, Protecting Communities from Unwarranted Environmental Risks: A NEPA Solution for ICCTA Preemption

In 1995, Congress passed the Interstate Commerce Commission Termination Act (ICCTA) in an effort to relieve the railroad industry of burdensome regulation. The ICCTA preempts local land-use regulations that communities formerly used to protect valuable resources such as drinking water supplies. Under some circumstances, the National Environmental Policy Act (NEPA) provides the public with limited [...]

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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] The Court overturned the D.C. [...]