Print Issue Volume 98 - No. 6

Confronting Victims: Why the Statements of Young Victims of Heinous Crimes Must Still Be Subject to Cross-Examination

The case of Crawford v. Washington has turned upside down the traditional Confrontation Clause jurisprudence under Ohio v. Roberts. Now, prosecutors must produce for cross-examination the declarants of all testimonial hearsay that is admitted unless (1) the declarant is shown to be unavailable and (2) there has been a previous opportunity for cross-examination. However, a […]

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Legislating Corporate Social Responsibility: Expanding Social Disclosure Through the Resource Extraction Disclosure Rule

The United States has led a growing international effort to increase corporate transparency in the commercial development of natural resources. In 2010, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 1504 of this Act requires resource extraction companies to publically disclose, through the Securities and Exchange Commission (SEC), all payments made […]

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Maneuvering the Headwinds Facing Offshore Wind Development in the Great Lakes: Amending the Coastal Zone Management Act

The first United States offshore wind turbine was launched in 2013 off of the coast of Maine. Offshore wind development in the Great Lakes, however, will differ in key ways from development in non-Great Lakes coastal waters. Planning for development in the Great Lakes now would allow government agencies and private developers to avoid some […]

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Truthiness: Corporate Public Figures and the Problem of Harmful Truths

This paper is an invited response to Deven Desai’s article, Speech, Citizenry, and the Market: A Corporate Public Figure Doctrine, available here. Professor Bhagwat’s response piece was scheduled to be published in Volume 98, Issue 3 of the print journal. Due to an editorial oversight, the piece did not go to print on schedule. We […]

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National Security and the Constitution: A Conversation Between Walter F. Mondale and Robert A. Stein

Professor Robert A. Stein, Dean of the University of Minnesota Law School for fifteen years and former Chief Operating Officer of the American Bar Association, endowed this lecture series to enrich the program of the University of Minnesota Law School by inviting leaders of the bench and bar and of the governments of the United […]

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Exposed

The production of intimate media—amateur, sexually explicit photos and videos—by consenting partners creates social value that warrants increased copyright protection. The unauthorized distribution of these media, such as via revenge porn, threatens to chill their output. To date, scholarly attention to this problem has focused overwhelmingly on privacy and criminal law as responses, neglecting the […]

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Entrapped: A Reconceptualization of the Obedience to Orders Defense

“I was just following orders,” and, “The government made me do it,” are phrases from two different criminal law defenses: obedience to orders and entrapment. A military defense, obedience to orders allows a soldier to escape liability by arguing that she was obeying orders when she committed the supposed crime. The civilian defense of entrapment […]

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The Incidental Regulation of Policing

What do the laws governing municipal annexation, collective bargaining, and race-conscious employment decisions have in common? Each plays a significant and underappreciated role in shaping local law enforcement practices even though each, on its face, has nothing to do with policing. This Article explores the incidental regulation of policing, illustrating the concept with examples from […]

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A Theory for Deliberation-Oriented Stress Testing Regulation

This Article presents a theory for how policymakers should use stress testing as a tool of financial regulation. In finance, a stress test is an exercise gauging how an institution or system will respond to severe, yet plausible, stressed conditions such as stock market crashes, high unemployment rates, liquidity shortages, and high loan default rates. […]

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Crowdsourcing Public Health Experiments: A Response to Jonathan Darrow’s Crowdsourcing Clinical Trials

Response to Jonathan Darrow’s Crowdsourcing Clinical Trials. We are pleased to have this opportunity to respond to Jonathan Darrow’s article, Crowdsourcing Clinical Trials (CCT). We seek to highlight its important contributions and to commence debate over some of its arguments. In particular, we qualify the ethical arguments that characterize early clinical use of drugs as […]

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