Minnesota Law Review

Counsel and Confrontation

In a well-known series of decisions handed down over the past five years, the Supreme Court has firmly yoked its interpretation of the Confrontation Clause to Anglo-American common-law principles that were in place at the time of the Sixth Amendment’s ratification in 1791. Based on its understanding of those principles, the Court has held that [...]

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Aggregating Probabilities Across Cases: Criminal Responsibility for Unspecified Offenses

Should a court convict a defendant for unspecified offenses if there is no reasonable doubt that he committed an offense, even though no particular offense has been proven beyond a reasonable doubt? Suppose a defendant is charged with two unrelated offenses allegedly committed at different times and places: pickpocketing and rape. The probability that he [...]

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United States Competition Policy in Crisis: 1890-1955

The development of marginalist, or neoclassical, economics led to a fifty-year long crisis in competition theory. Given an industrial structure with sufficient fixed costs, competition always became “ruinous,” forcing firms to cut prices to marginal cost without sufficient revenue remaining to pay off investment. Early neoclassicists such as Alfred Marshall were not able to solve [...]

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Clawbacks: Prospective Contract Measures in an Era of Excessive Executive Compensation and Ponzi Schemes

In the spring of 2009, public outcry erupted over the multi-million dollar bonuses paid to AIG executives even as the company was receiving TARP funds. Various measures were proposed in response, including a ninety percent retroactive tax on the bonuses, which the media described as a “clawback.” Separately, the term “clawback” was also used to refer [...]

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Note, From the Inside Out: Reforming State and Local Prostitution Enforcement to Combat Sex Trafficking in the United States and Abroad

Over the past eight years, federal and state governments have passed anti-trafficking laws and spent millions of dollars to combat sex trafficking. However, as evidenced by the minimal rate of convictions and the continually expanding sex trafficking market, these policies have not achieved proportionate results. This Note argues that without a significant paradigm shift in [...]

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Note, The Curious Case of Disparate Impact Under the ADEA: Reversing the Theory’s Development into Obsolescence

The present state of the economy places the nation’s older worker in a perilous situation. Employers, motivated by either the appearance of economic incentives or age-related stereotypes, are apt to seek savings in cost via large-scale reductions-in-force. The factors relied upon in executing these internal restructurings often serve as functional proxies for age. The Age [...]

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Note, Between the Possible and the Probable: Defining the Plausibility Standard After Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal

After fifty years of clarity and continuity, pleading standards are now the subject of confusion and debate. In 2007, the Supreme Court, in Bell Atlantic Corp. v. Twombly, replaced Conley v. Gibson’s “no set of facts” standard with the plausibility standard, under which a complaint must contain enough factual allegations to state a claim that [...]

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