Minnesota Law Review

Essay, The Constitution in the National Surveillance State

During the last part of the twentieth century the United States began developing a new form of governance that features the collection, collation, and analysis of information about populations both in the United States and around the world. This new form of governance is the National Surveillance State. In the National Surveillance State, the government [...]

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The Rules Enabling Act and the Procedural-Substantive Tension: A Lesson in Statutory Interpretation

For more than seven decades since the passage of the Rules Enabling Act, courts and commentators have struggled to define the boundaries of what rules the Supreme Court can and cannot promulgate. We undertake here to explain that lack of success and at the same time to glean from our analysis an important lesson in [...]

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Fighting Women: The Military, Sex, and Extrajudicial Constitutional Change

The Supreme Court in Rostker v. Goldberg (1981) upheld male-only military registration, and endorsed male-only conscription and combat positions. Few cases have challenged restrictions on women’s military service since Rostker, and none have reached the Supreme Court. Federal statutes continue to exclude women from military registration and draft eligibility, and military regulations still ban women [...]

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Generous to a Fault? Fair Shares and Charitable Giving

Charities play a vital role in our society. In addition to enhancing pluralism, they meet many societal needs more efficiently, creatively, and effectively than government alone. Charities aid our poor, teach our youth, improve our health, comfort us spiritually, and enrich our cultural lives. Given the charitable sector’s importance and value, it is not surprising [...]

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The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, and the States

Thirty-seven years ago, a book called The Quiet Revolution in Land Use Control argued that states would soon take over localities’ long-held power over land use regulation. In the authors’ view, this quiet revolution would occur when policymakers and the public recognized that certain problems—like environmental destruction—were too big for localities to handle on their [...]

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Note, Gagging on the First Amendment: Assessing Challenges to the Reauthorization Act’s Nondisclosure Provision

In September, 2007, a federal court struck down the nondisclosure provisions of the Electronic Communications Privacy Act (ECPA), which governed the use of national security letters (NSLs). While civil liberties groups praised the decision, the FBI mourned the loss of a crucial tool in its antiterrorism investigations. Indeed, the FBI reports that it employed NSLs [...]

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Note, The Gift That Keeps on Taking: How Federal Banking Laws Prevent States from Enforcing Gift Card Laws

Every year, consumers purchase about $80 billion in gift cards, only to lose $8 billion loaded on those cards because of expiration dates and service fees that deplete the value of the cards. State legislators have tried to protect consumers by passing laws that would prohibit or limit the use of gift-card expiration dates and [...]

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Note, Removing the Judicial Gag Rule: A Proposal for Changing Judicial Speech Regulations to Encourage Public Discussion of Active Cases

The judiciary may be the oft-forgotten third-branch of government, but judges still face ample criticism from the media and the public just like their colleagues in the legislative and executive branches. Unlike their colleagues however, judges cannot respond with glossy public relations campaigns because of judicial rules that severely restrict what judges can say about [...]

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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. [...]