Minnesota Law Review

Essay, Substantive Equality: A Perspective

The Volume 96 Lead Piece is an Essay by Catharine A. MacKinnon that criticizes as abstract the existing U.S. Equal Protection approach and offers a substantive alternative, applying it to domestic violence as one illustration.

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Tort Law and the American Economy

Claims that tort law is hampering the American economy are common and have produced various forms of tort reform legislation. Yet there is very little economic research on the consequences of existing tort law doctrines. Theoretically, at least, tort law can be economically beneficial. Two state-specific measures have been produced to measure the effects of [...]

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Rights for Sale

Individuals enjoy a host of rights in relation to the government, including voting rights, the right against self-incrimination, the right to public education, pollution quotas, as well as various subsidies and tax attributes. Should individuals be able to sell these public entitlements to others? Markets for voting rights or tax attributes may seem inconceivable. Yet [...]

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Beyond Crime and Commitment: Justifying Liberty Deprivations of the Dangerous and Responsible

The traditional approaches to dangerous persons are crime and commitment. The criminal law punishes responsible actors, and the civil law confines the mentally ill. These approaches leave a gap: the state cannot substantially restrict the liberty of responsible actors until they have committed a crime. In response to this gap, the criminal law’s boundaries have [...]

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Public Choice and International Law Compliance: The Executive Branch Is a “They,” Not an “It”

This Article presents a public choice analysis of how the executive branch in the United States determines questions of compliance with international law. In contrast to traditional theories that treat the state as a unitary entity, the public choice approach examines the different interests and incentives of the many executive branch agencies that advise the [...]

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Note, Combating Joint Ventures in Suppression: Taking Inventory of the Legal Arsenal

Companies may decide to leave patented technologies unused for numerous reasons, a great many of them legal. The patent laws confirm a company’s right to let a patent languish, unpracticed by anyone. But companies with patents on alternative technologies may agree to enter into a joint venture: promoting and licensing one alternative while suppressing the [...]

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Note, Who Are They to Judge?: The Constitutionality of Delegations by Courts to Probation Officers

In order to promote judicial economy, Article III courts routinely delegate decisionmaking authority to probation officers. Probationers increasingly challenge those delegations as violating the Constitution’s command that only Article III judges shall exercise “the Judicial power.” Courts apply either of two standards when evaluating the constitutionality of judicial delegations to probation officers. The first of [...]

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Note, The Sartorial Dilemma of Knockoffs: Protecting Moral Rights without Disturbing the Fashion Dynamic

As soon as fashion models hit the runway, copycat designers snap photos and quickly replicate the original designs, flooding the market with nearly identical, discount versions of the original garments. In response to this phenomenon of fashion piracy, members of the fashion design community have been advocating for a fashion design copyright for nearly a [...]

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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. [...]