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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News & Events

  • Fall Submissions Open – Headnotes

    The Minnesota Law Review: Headnotes fall submissions period is open. For more information, please visit our submissions page.

  • Vol. 97 Piece Quoted in Mother Jones Article

    A recent Mother Jones article predicting how the Roberts Court would resolve King v. Burwell draws on How Business Fares in the Supreme Court from Volume 97. You can read the article here.

  • Welcome to De Novo

    For nearly one hundred years, the Minnesota Law Review has been a leader amongst academic legal publications. When Professor Henry J. Fletcher launched the journal in 1917, his goal was simple. It was to “contribute a little something to the systematic growth of the whole law.” Since then, the Law [...]

  • Minnesota Law Review Alum Remembered 45 Years After Death

    Minnesota Law Review alumnus Tom Cranna was honored at the Annual Banquet this Spring, 45 years after his death. Mr. Cranna was remembered for his contributions to the journal, the school, and the positive impact he had on his family and friends. The Devil’s Lake Journal published a memorial which [...]

  • 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. [...]

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