Minnesota Law Review

The Role of Dissenting Opinions

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Strategic Enforcement

Doctrine and scholarship recognize two basic models of enforcing the law: the comprehensive model, under which law enforcers try to apprehend and punish every violator within the bounds of feasibility; and the randomized model, under which law enforcers economize their efforts by apprehending a small number of violators and heightening their penalties so as to [...]

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Dual Illegality and Geoambiguous Law: A New Rule for Extraterritorial Application of U.S. Law

Scores of federal criminal and civil statutes are “geoambig­uous”—they do not say whether they apply to conduct that takes place in foreign countries. This is a vital concern in an age of exploding globalization. The Supreme Court regularly cites a “presumption against extraterritoriality,” but just as often overlooks it and opts to apply geoambiguous law [...]

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Anticompetitive Effect

Despite receiving thorough analytic treatment from the judiciary and academy, and notwithstanding its sophisticated doctrine, antitrust law remains dogged by a profound incongruity, for precisely what the law condemns remains elusive. Certainly, there is widespread agreement that the antitrust laws exist to promote some measure of efficiency. While this baseline serves as an adequate foundation [...]

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Administrative By Treasury

Although the Administrative Procedure Act (APA) in theory regulates government policymaking, the agency that is both among the oldest and, as the financial crisis has revealed, one of the most important, does not play by its rules. The Treasury Department is rarely sued for its administrative procedure, makes fewer rules than do agencies that follow the [...]

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Note, Meeting Boumediene′s Challenge: The Emergence of an Effective Habeas Jurisprudence and Obsolescence of New Detention Legislation

The Supreme Court’s decision in Boumediene v. Bush gave suspected terrorists at Guantánamo Bay access to a system in which federal judges in Washington, D.C. adjudicate the legality of their detention. While many, perhaps most, legal commentators praise Boumediene as a victory for individual rights, critics argue that the habeas process raises grave concerns about [...]

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Note, The Need for Review: Allowing Defendants to Appeal the Factual Basis of a Conviction After Pleading Guilty

An essential element of any guilty plea is the factual basis requirement. This requirement states that a court may only accept a guilty plea if an underlying set of facts exists that supports the plea. In many circumstances, federal criminal defendants have challenged their guilty pleas in the courts of appeals, arguing that their conviction [...]

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Note, Immunity for Vaccine Manufacturers: The Vaccine Act and Preemption of Design Defect Claims

Vaccines are one of the most important medical advancements in history. Childhood immunization efforts are widely promoted by state and federal governments as well as medical professionals and institutions. While routine pediatric vaccines prevent many lethal and debilitating diseases, they also carry the potential to cause injury. Predictably, the occurrence of these injuries often leads [...]

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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. [...]