Minnesota Law Review

Spillover Across Remedies

Remedies influence rights, and rights apply across remedies. Combined together, these two phenomena produce the problem of spillover across remedies. The spillover problem occurs when considerations specific to a single remedy affect the definition of a substantive rule that governs in multiple remedial settings. For example, the severe remedial consequences of suppressing incriminating evidence might [...]

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Substituted Compliance and Systemic Risk: How to Make a Global Market in Derivatives Regulation

International financial regulators have sought to contain the systemic risk of OTC derivatives transactions by introducing mandatory clearing. In the absence of a global financial regulator, however, this regulatory approach must be implemented by national actors. Fearing the prospect of regulatory arbitrage, regulators have sought to impose global uniformity through either multi-lateral efforts at harmonization [...]

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Family Assimilation Demands and Sexual Minority Youth

In recent years, legal scholars have paid considerable attention to the social and legal pressures to assimilate into mainstream culture that minority groups experience (“assimilation demands”) in the public sphere. Commentators have written about assimilation demands on sexual minority identities in politics, the workplace, schools, and in communities of color. Yet little, if any, scholarship [...]

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Slutwalking in the Shadow of the Law

This Article examines the convergence of two seemingly contradictory developments. One is the widespread rape of women by acquaintances, dates, and intimates, mostly without legal recourse. The other is the emergence of a generation of women who embrace a pro-sex orientation and define their sexualities accordingly. To date, legal theorists have failed to reconcile this [...]

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That’s Not on the Table: Why Employers Should Pay for the Walk from the Locker Room to the Work Station

The Fair Labor Standards Act requires employers to pay their employees continuously throughout the day, even for activities such as travel time, which may not be considered work. However, § 203(o) of the statute provides an exception to that obligation. The provision states that if the employer has established that employees are not compensated for [...]

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Status Update: Adapting the Stored Communications Act to a Modern World

This Note addresses the Stored Communications Act’s application to civil discovery. Congress passed the Stored Communications Act in 1986 to extend Fourth Amendment protection to electronic communications and remote computing. Congress never intended for the SCA to limit civil discovery of these communications, however, judges have expanded the SCA’s scope to limit civil discovery of [...]

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Changing Course to Navigate the Patent Safe Harbor Post-Momenta

The patent safe harbor, 35 U.S.C. § 271(e)(1), codifies an exception to the general concept of patent exclusivity that excuses entities from infringement liability for activities reasonably related to submitting information under federal laws that regulate drugs. For the past three decades, this provision has operated in a pharmaceutical industry dominated by small molecule drugs [...]

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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. [...]