Print Issue Volume 93 - No. 6

Are Patents on Interfaces Impeding Interoperability?

Commentators and policymakers have frequently expressed serious concerns about the exclusionary potency of patents on communications protocols and interface designs for information and communications technologies (ICT). Among the proposed policy responses to potential harms arising from the exercise of such interface patents are excluding interfaces from patent protection, immunizing use of patented interfaces when necessary […]

Read More :: View PDF

Specific Performance and the Thirteenth Amendment

Black-letter law declares that a contract to perform personal services cannot be specifically enforced. Many courts, scholars, and commentators have claimed that such enforcement would constitute “involuntary servitude” under the Thirteenth Amendment. This Article, however, rejects that conventional wisdom. A careful reading of the history leading to the ratification of the Thirteenth Amendment reveals that, […]

Read More :: View PDF

The Limits of Backlash: Assessing the Political Response to Kelo

The Supreme Court’s 2005 decision in Kelo v. City of New London, which upheld the power of government to condemn private property for purposes of economic development, generated a massive political backlash from across the political spectrum. Over forty states, as well as the federal government, have enacted post-Kelo reform legislation to curb eminent domain. […]

Read More :: View PDF

Response Article, The National Surveillance State: A Response to Balkin

Read More :: View PDF

Review Essay, How a Judge Thinks

Read More :: View PDF

Note, Defogging the Cloud: Applying Fourth Amendment Principles to Evolving Privacy Expectations in Cloud Computing

It took nearly a century after the invention of the telephone for the Supreme Court to recognize that the Fourth Amendment could be applied to the content of private telephone conversations. Today, the Internet is in a similar state of limbo, with courts reluctant to grant Fourth Amendment protection to data placed in a medium […]

Read More :: View PDF

Note, Cramming Down the Housing Crisis: Amending 11 U.S.C. § 1322(b) to Protect Homeowners and Create a Sustainable Bankruptcy System

The U.S. bankruptcy system has served as a safety net for millions of Americans for the last 110 years, but it failed to rescue homeowners in the ongoing recession. Amid fiery allegations and accusations, economists and bankruptcy judges debate the controversial modification of loans, a process called cram-down. Cram-down is a feature of bankruptcy law […]

Read More :: View PDF

Note, Inequitable-Conduct Doctrine Reform: Is the Death Penalty for Patents Still Appropriate?

Over the past three years, the Federal Circuit has contributed to the rise in inequitable-conduct defenses by failing to apply the doctrine consistently. First, the court broadened the scope of the doctrine’s materiality element to include information unrelated to patentability and failed to offer guidance on how to apply multiple materiality standards. Second, the court […]

Read More :: View PDF

De Novo

  • The Algorithm Made Me Do It and Other Bad Excuses

    THE ALGORITHM MADE ME DO IT AND OTHER BAD EXCUSES: UPHOLDING TRADITIONAL LIABILITY PRINCIPLES FOR ALGORITHM-CAUSED HARM By: Rebecca J. Krystosek, Volume 101 Staff Member As the outputs of algorithms increasingly pervade our everyday lives—from wayfinding apps and search engine autofill results to investment advice and self-driving cars—we must also […]

  • All (Privacy) Is Not Lost

    ALL (PRIVACY) IS NOT LOST: ATTORNEYS GENERAL AND PRIVACY PROTECTION By: Mitchell Noordyke, Volume 101 Staff Member In March, the House and Senate voted to prevent portions of the FCC Privacy Rule from going into effect.[1] This rule would have required more demanding protocol from broadband internet access service and […]

  • Pot, Printz, and Preemption

    POT, PRINTZ, AND PREEMPTION: WHY STATES CAN “JUST SAY NO” TO JEFF SESSIONS AND THE CONTROLLED SUBSTANCES ACT By: Franklin R. Guenthner, Volume 101 Staff Member Attorney General Jeff Sessions is not a fan of marijuana. Before assuming his role at the Department of Justice, the former Senator from Alabama […]


© 2011-2016 Minnesota Law Review. All Rights Reserved.