Minnesota Law Review

Volume 97 Lead Piece, How Business Fares in the Supreme Court

A number of scholars, journalists, and at least one member of Congress claim that the current Supreme Court (the “Roberts Court”) is more favorable to business than previous Supreme Courts have been. Other commentators disagree, while acknowledging that the Roberts Court is “less hostile to enterprise than the Warren Court” was; one of these commentators [...]

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The Use and Abuse of Special-Purpose Entities in Public Finance

States in the American federal system increasingly are raising financing by issuing bonds through special-purpose entities. Although this represents a significant portion—in some cases, the majority—of state financing, relatively little is known or has been written about these entities. This Article examines state special-purpose entities, comparing them to special-purpose entities used in corporate finance. States, even more [...]

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Technological Leap, Statutory Gap, and Constitutional Abyss: Remote Biometric Identification Comes of Age

Federal interest in using facial recognition technology (FRT) to collect, analyze, and use biometric information is rapidly growing. Despite the swift movement of agencies and contractors into this realm, however, Congress has been virtually silent on the current and potential uses of FRT. No laws directly address facial recognition—much less the pairing of facial recognition [...]

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Water Bankruptcy

Many western states are on the verge of bankruptcy, with debts exceeding assets. And yet, they continue to take on additional debt through contracts and other commitments. Although such distress may sound like an outgrowth of the 2008 recession, this crisis involves water, not money. In particular, the problem concerns the western prior appropriation system [...]

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Originalism and Political Ignorance

Original meaning originalism may now be the most popular version of constitutional theory in the legal academy. The methodology has been endorsed by at least two Supreme Court justices and well-known scholars from across the political spectrum. Original meaning is usually interpreted as focusing on the public understanding of the meaning of a constitutional provision [...]

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Note, Jurisprudential Innovation or Accountability Avoidance? The International Criminal Court and Proposed Expansion of the African Court of Justice and Human Rights

From Nuremburg to The Hague, international criminal justice has evolved dynamically and at times unpredictably. Among recent developments is a proposal to expand the subject matter jurisdiction of the African Court of Justice and Human Rights (ACJHR) to include a mandate to prosecute individuals for serious international crimes. Expansion of the ACJHR concerns observers for [...]

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Note, Stifled Justice: The Unauthorized Practice of Law and Internet Legal Resources

Advances in computer technology are effectively commoditizing the law and revolutionizing the ways in which individuals seek and receive legal services. Internet Legal Providers (ILPs) present tremendous potential for increased access to legal services, which is vital to an increasing number of unrepresented litigants, as well as to combat shrinking amounts of legal aid available [...]

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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. [...]