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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Inflammatory Speech: Offense Versus Incitement

The commonly accepted notion that content regulations on speech violate the First Amendment is misleading. In three recent cases—Snyder v. Phelps, Brown v. Entertainment Merchants Ass’n, and United States v. Stevens—the Court made clear that free speech includes the right to express scurrilous, disgusting, and disagreeable ideas. A different set of cases, however, concluded that [...]

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Reclaiming Equality to Reframe Indigent Defense Reform

Equal access to resources is fundamental to meaningful legal representation, yet for decades, equality arguments have been ignored in litigating indigent defense reform. At a time when underfunded indigent defense systems across the country are failing to provide indigent defendants with adequate representation, the question of resources is even more critical. Traditionally, advocates seeking indigent [...]

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The Duty to Capture

The duty to capture stands at the fault line between competing legal regimes that might govern targeted killings. If human-rights law and domestic law-enforcement procedures govern these killings, the duty to attempt capture prior to lethal force represents a cardinal rule that is systematically violated by these operations. On the other hand, if the law [...]

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State Enforcement of National Policy: A Contextual Approach (with Evidence from the Securities Realm)

This Article addresses a topic of contemporary public policy significance: the optimal allocation of law enforcement authority in our federalist system. Proponents of “competitive federalism” have long argued that assigning concurrent enforcement authority to states and the federal government can lead to redundant expense, policy distortion, and a loss of democratic accountability. A growing literature [...]

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Response, The Social and Cultural Aspects of Climate Change Winners

In this Article, Professor Craig responds to Professor J.B. Ruhl’s Article The Political Economy of Climate Change Winners.

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Note, Healthy Compromise: Reconciling Wellness Program Financial Incentives with Health Reform

Soaring health care expenditures coupled with plummeting insurance coverage suggest something is seriously wrong with the American health care system. One way that the ACA proposes to control health care costs is through support for employee wellness program initiatives. Wellness programs with financial incentives based upon health status risk create financial barriers to health care [...]

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Note, Death by Arugula: How Soil Contamination Stunts Urban Agriculture, and What the Law Should Do About It

More and more people are growing food in urban environments. The benefits of urban farming are well documented. The government sees increased economic activity, society enjoys new social and educational opportunities and blight reduction, and the individuals farming eat inexpensive, fresh, locally sourced food. However, cities have fostered and hosted many industrial uses in the [...]

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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] The Court overturned the D.C. [...]