Minnesota Law Review

Privatization and the Sale of Tax Revenues

While the privatization of governmental activities may have begun as an effort to obtain efficiency gains, increasingly privatization transactions have become a mechanism for surreptitiously borrowing money. One city’s 2008 decision to “sell” its parking meters for $1.56 billion provides a perfect example of this sort of revenue-driven “privatization.” The technique is almost infinitely expandable, [...]

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Arrest Efficiency and the Fourth Amendment

In recent years, legal scholars have utilized the science of implicit social cognition to reveal how unconscious biases affect perceptions, behaviors, and judgments. Employing this science, scholars critique legal doctrine and challenge courts to take accurate theories of human behavior into account or to explain their failure to do so. Largely absent from this important [...]

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Children’s Constitutional Rights

The long history of denying children the full range of constitutional rights has its roots in a choice theory of rights that understands rights as deriving from the decisionmaking autonomy of the individual. From the perspective of choice theory, children do not enjoy most constitutional rights because they lack the capacity for autonomous choice. Choice [...]

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Freedom of Testation / Freedom of Contract

The Article argues that lawmakers ought to recategorize inheritance law and contract law as cognate bodies of doctrine within a larger genus of transfers law. The Article examines comparatively the justifications for freedom of contract and freedom of testation, and concludes that their underlying ration­ales are largely, although not entirely, symmetrical. This conclusion suggests the [...]

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Note, Blowing Up the Pipes: The Use of (c)(4) to Dismantle Campaign Finance Reform

In the aftermath of the Supreme Court’s decision in Citizens United, nonprofit organizations originally designed to promote social welfare interests have become the latest loop­hole for political financiers to bypass campaign finance regulations. The federal regime of campaign finance laws—designed to prevent corruption and preserve the integrity of our democratic institutions—is being circumvented by wealthy [...]

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Note, UNCLOS, but No Cigar: Overcoming Obstacles to the Prosecution of Maritime Piracy

The international response to acts of maritime piracy around Somalia requires a credible foundation in international law. Naval patrols from nearly every world power lack accurate and well-reasoned jurisdictional mandates necessary to carry out their duties effectively. They want for this essential legal complement because their states fail to thoroughly asses the rel­evant international laws [...]

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When Sosa Meets Iqbal: Plausibility Pleading in Human Rights Litigation

Human rights litigation under the Alien Tort Statute (ATS) has increased dramatically in the past few decades. Due to actions of a host of players around the world, this struggle for rights and remedies is dependent upon the rules of domestic court systems. Within U.S. civil litigation, two key lines of precedent affect human rights [...]

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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. [...]