Minnesota Law Review

The Right to Quantitative Privacy

We are at the cusp of a historic shift in our conceptions of the Fourth Amendment driven by dramatic advances in surveillance technology. Governments and their private sector agents continue to invest billions of dollars in massive data-mining projects, advanced analytics, fusion centers, and aerial drones, all without serious consideration of the constitutional issues that these [...]

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This Article proposes a new “eHearsay” rule of evidence that will permit the admission, over a hearsay objection, of a broad spectrum of electronic out-of-court communications. The proposal builds on prior hearsay reform proposals, and also takes advantage of the fact that electronic statements are invariably recorded. Litigants’ ability to show jurors actual text messages, [...]

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The Shale Oil and Gas Revolution, Hydraulic Fracturing, and Water Contamination: A Regulatory Strategy

In the past decade, energy companies have learned to tap previously inaccessible oil and gas in shale and other impermeable rock formations with “hydraulic fracturing” (“fracturing” or “fracking”), pumping fluid at high pressure to crack the rock and release gas and oil trapped inside. This “shale revolution” has created millions of jobs, enhanced our energy [...]

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The Merchants of Wall Street: Banking, Commerce, and Commodities

This Article examines the principal legal, policy, and theoretical implications of a transformative—but so far unrecognized—change in the banking industry: the emergence, over the last decade, of U.S. financial conglomerates as leading global merchants in physical commodities, including crude and refined oil products, natural gas, coal, base metals, and wholesale electricity. Historically, one of the core [...]

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Genetically Modified Food Fight: The FDA Should Step Up to the Regulatory Plate so States Do Not Cross the Constitutional Line

Genetically modified organisms (GMOs) leaped into the spotlight last year with California’s Proposition 37, which proposed mandatory labeling for all foods containing GMOs. Consumers argued they have a right to know what’s in their Cheerios. Manufacturers fought back that such state labeling laws would be expensive and unwieldy, and would provide little benefit for a [...]

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Moving Past Preemption: Enhancing the Power of Local Governments over Hydraulic Fracturing

Technological improvements to a drilling technique known as hydraulic fracturing have opened up access to a century’s supply of natural gas across the United States. The cities and towns that sit above these vast deposits, however, are increasingly concerned about the transformative effect of the fracking industry on their communities. In the absence of federal [...]

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That’s My Baby: Why the State’s Interest in Promoting Public Health Does Not Justify Residual Newborn Blood Spot Research Without Parental Consent

Ninety-eight percent of infants born in the United States undergo blood tests to screen for a variety of genetic conditions as part of mandatory state newborn screening programs. These “newborn blood spots” (NBS) are frequently stored by state health departments after the initial tests are complete. Recent lawsuits in Texas and Minnesota have exposed states’ [...]

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Greeting the Future with an Outstretched Hand

Volume 98′s lead piece is by President William J. Clinton. President Clinton’s Essay emphasizes the importance moving forward in our interdependent, global economy, and addressing some of the major challenges we still face. The piece brings into focus important goals we need to continue striving for, including equality, stability, and sustainability. The Minnesota Law Review [...]

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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. [...]