Minnesota Law Review

Essay, Protecting Financial Markets: Lessons from the Subprime Morgage Meltdown

Why did the recent subprime mortgage meltdown undermine financial-market stability notwithstanding the protections provided by market norms and financial regulation? This Essay attempts to answer that question by identifying anomalies and obvious protections that failed by examining hypotheses that might explain the anomalies and failures. Although some of the anomalies and failures result from a [...]

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The Child Protection Pretense: States’ Continued Consignment of Newborn Babies to Unfit Parents

Major federal legislation since the mid-90s has embodied a philosophical shift away from trying to salvage grossly unfit parents and toward ensuring children good families before they incur permanently damaging abuse, neglect, or foster care drift. That legislation has created a widespread perception that the state is now more proactive in preventing child maltreatment. This [...]

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Horizontal Federalism

This Article constructs frameworks for analyzing federalism’s undertheorized horizontal dimension.  Discussions of federalism generally focus on the hierarchical (or vertical) allocation of power between the national and state governments while overlooking the horizontal allocation of power among coequal states.  Models of federal-state relations tend to treat the fifty states as a single aggregate unit, obscuring [...]

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Avalanche or Undue Alarm? An Empirical Study of Subpoenas Received by the News Media

For more than thirty years, proponents and opponents of a federal reporter’s shield law have debated the necessity of a privilege for members of the news media and have disagreed sharply about the frequency with which subpoenas are issued to the press. Most recently, in the wake of several high-profile contempt cases, proponents have pointed [...]

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The Mythical Divide Between Collateral and Direct Consequences of Criminal Convictions: Involuntary Commitment of “Sexually Violent Predators”

For many people convicted of crimes, the case does not end when the sentence is over. Instead, it follows them out of the courthouse or prison doors in the guise of “collateral,” or non-penal, sanctions. The last several decades have seen unprecedented expansion in the number and severity of the collateral consequences of criminal convictions, [...]

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Note, Blight and Its Discontents: Awarding Attorney’s Fees to Property Owners in Redevelopment Actions

The public response to the now notorious 2005 Supreme Court decision Kelo v. City of New London changed the landscape of redevelopment law in the United States. In Kelo, the Court held that eminent domain could be used to transfer property from one private party to another private party for purposes of economic development under [...]

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Note, When the Invention Is an Inventor: Revitalizing Patentable Subject Matter to Exclude Unpredictable Processes

Abstract inventions continue to confound the patent system. Several recent Federal Circuit decisions have only added to the uncertainty surrounding limitations on the type of inventions that may be patented. Computer algorithms capable of independent, artificial creativity provide a useful case study, revealing weaknesses in the law governing patentable subject matter and testing the workability [...]

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News & Events

  • Follow MLR on Twitter!

    The Minnesota Law Review is proud to announce that we are now on Twitter. Follow us @MinnesotaLawRev for information and updates concerning the petition period and deadlines, the opening and closing of article submissions, our 2014 Symposium: Offenders in the Community, and all other news concerning our authors and publications. [...]

  • Vol. 97 Lead Piece Cited in Al Jazeera Opinion Piece

    A recent Al Jazeera opinion piece that criticizes the Supreme Court’s Daimler decision cites to Volume 97′s lead piece, How Business Fares in the Supreme Court. You can read the Al Jazeera piece here.

  • Masthead for Volume 99 Board

    The masthead for the Board of Volume 99 of the Minnesota Law Review is now available. You can view the masthead here.

  • Above the Law Post Highlights MLR‘s Jump in Journal Rankings

    A recent post on Above the Law highlights the fact that the Minnesota Law Review was ranked 11th in the most recent 2013 edition of the Washington & Lee Law Review Rankings. You can read the post here.

  • Vol. 97 Lead Piece Cited on Slate

    A recent Slate article on the Supreme Court’s decision not to hear the “Moldy Washing Machine” cases, or overturn class certification of those cases in some circuits, cites to the Volume 97 Lead Piece, How Business Fares in the Supreme Court. You can read the article here.

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