The Minnesota Law Review is proud to announce the spring edition of our new online companion journal, Minnesota Law Review Headnotes. In addition to serving as the online archive of the Law Review‘s print articles, available in PDF format, Headnotes also features original, online-only Response articles in which prominent academics respond to the articles the Law Review publishes. Comment fields are available at the end of each Response, and readers are encouraged to provide feedback.

In this issue of Headnotes:

Ralph Hall (University of Minnesota Law School) responds to Richard Epstein’s article, Against Permititis: Why Voluntary Organizations Should Regulate the Use of Cancer Drugs. In Right Question, Wrong Answer, Professor Hall argues that while he agrees with Professor Epstein’s assessment of the problems with the FDA drug approval process, he disagrees with his proposed solution. Professor Hall argues that Professor Epstein’s solution—to reduce the FDA to an advisory/information role after Phase I testing—devalues the mission of the FDA and has already been rejected by the body politic. Instead, Professor Epstein contends that the solution to problems with the FDA drug approval process is to work to improve and optimize the system, not to eliminate it.

Aaron Perzanowski (Wayne State University Law School) responds to David Fagundes’s article, Property Rhetoric and the Public Domain. In In Defense of Intellectual Property Anxiety, Professor Perzanowski expresses skepticism about two assumptions underlying the argument for embracing property rhetoric to promote the public domain. This argument assumes, first, public recognition of social discourse theory as an account of property and, second, rhetorical advantages of social discourse theory that are comparable to those of more familiar notions of private property. Perzanowski concludes that the simple intuitive appeal of Blackstonian property cautions against styling the struggle for balanced copyright and patent policy as a debate over competing property interests.

Ted Sampsell-Jones (William Mitchell College of Law) replies to Professors Cribari and Judges’s article, Speaking of Silence: A Reply to “Making Defendants Speak “. In On Silence, Professor Sampsell-Jones argues that their theory of the Self-Incrimination Clause, which relies on intuition to determine which practices are necessary to “test the prosecution” in criminal cases, is lacking in both textual support and practical utility. As a result, he concludes that their defense of Griffin v. California is unconvincing.

May 18, 2010 at 9:04 am Posted in: Law Rev (Minnesota), Law Rev Forum, Uncategorized Print This Post No Comments

Minnesota Law Review 94:5 (May 2010)

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Volume 94, Issue 5 (May 2010):

2009 Symposium: Cyberspace & the Law

Nicole M. Murphy, Symposium Foreward: Cyberspace & the Law, 94 Minn. L. Rev. 1303 (2010)

Pamela Samuelson, Google Book Search and the Future of Books in Cyberspace, 94 Minn. L. Rev. 1308 (2010)

Dan L. Burk, Cybermarks, 94 Minn. L. Rev. 1375 (2010)

William W. Fisher, III, The Implications for Law of User Innovation, 94 Minn. L. Rev. 1417 (2010)

Jane E. Kirtley, Mask, Shield, and Sword: Should the Journalist’s Privilege Protect the Identity of Anonymous Posters to News Media Websites?, 94 Minn. L. Rev. 1478 (2010)

Paul Ohm, Probably Probable Cause: The Diminishing Importance of Justification Standards, 94 Minn. L. Rev. 1514 (2010)

Orin S. Kerr, Vagueness Challenges to the Computer Fraud and Abuse Act, 94 Minn. L. Rev. 1561 (2010)

Christopher Slobogin, Proportionality, Privacy, and Public Opinion: A Reply to Kerr and Swire, 94 Minn. L. Rev. 1588 (2010)

Notes

Lindsay K. Eastman, Revising the Organizational Sentencing Guidelines to Eliminate the Focus on Compliance Programs and Cooperation in Determining Corporate Sentence Mitigation, 94 Minn. L. Rev. 1620 (2010)

Anna Hickman, Born (Not So) Free: Legal Limits on the Practice of Unassisted Childbirth or Freebirthing in the United States, 94 Minn. 1651 (2010)

Julie Kaster, The Voice of Victims: Debating the Appropriate Role of Fraud Victim Allocution Under the Crime Victims’ Rights Act, 94 Minn. L. Rev. 1682 (2010)

May 11, 2010 at 2:28 pm Posted in: Law Rev (Minnesota), Law Rev Contents Print This Post One Comment

Minnesota Law Review 94:1 (November 2009)

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Volume 94, Issue 1 (November 2009):

Articles

Richard A. Epstein, Against Permititis: Why Voluntary Organizations Should Regulate the Use of Cancer Drugs, 94 Minn. L. Rev. 1 (2009)

John H. Martin, Reconfiguring Estate Settlement, 94 Minn. L. Rev. 42 (2009)

Gerard N. Magliocca, Why Did the Incorporation of the Bill of Rights Fail in the Late Nineteenth Century?, 94 Minn. L. Rev. 102 (2009)

Notes

Theresa Nagy, Credit Rating Agencies and the First Amendment: Applying Constitutional Journalistic Protections to Subprime Mortgage Litigation, 94 Minn. L. Rev. 140 (2009)

Kristin K. Zinsmaster, In re the Welfare of Due Process, 94 Minn. L. Rev. 168 (2009)

December 7, 2009 at 9:19 am Posted in: Law Rev (Minnesota), Law Rev Contents Print This Post No Comments

Minnesota Law Review Headnotes 94:1 (December 2009)

posted by Minnesota Law Review

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The Minnesota Law Review is proud to announce the fall edition of our new online companion journal, Minnesota Law Review Headnotes. In addition to serving as the online archive of the Law Review‘s print articles, available in PDF format, Headnotes also features original, online-only Response articles in which prominent academics respond to the articles the Law Review publishes. Comment fields are available at the end of each Response, and readers are encouraged to provide feedback.

In this issue of Headnotes Responses:

Peter Lee (UC Davis School of Law) responds to Pamela Samuelson‘s article, Are Patents on Interfaces Impeding Interoperability?. In Innovating Between and Within Technological Paradigms: A Response to Samuelson, Professor Lee builds on Professor Samuelson’s article to emphasize that the social costs and benefits of interface patents are highly context-specific. Invoking the concept of “technological paradigms,” Professor Lee argues that strong interface patents can promote significant technological advances in contested industries, but that ex post policy interventions may be necessary to curtail patents on industry standards.

Donald P. Judges (University of Arkansas) and Stephen J. Cribari (University of Minnesota Law School) respond to Ted Sampsell-Jones‘s article, Making Defendants Speak. In Speaking of Silence: A Response to Making Defendants Speak, Professors Judges and Cribari concentrate on explaining why they do not share Professor Sampsell-Jones’s underlying antipathy to the Fifth Amendment right to silence at trial. That antipathy, also frequently expressed by other commentators, is reflected in the article’s proposed rejection of Griffin v. California’s prohibition regarding adverse inferences from the defendant’s assertion of that right. The modern right to silence at trial, while perhaps more robust than framing-era practice, has emerged in a criminal justice system the scope and intrusiveness of which itself greatly exceeds framing-era experience. Griffin’s no-adverse-inference rule, and the right to silence at trial it helps to effectuate, are components of an interrelated cluster of protections, the centerpiece of which is the right to counsel, that reinforce the “test the prosecution” and “anti-inquisitorial” nature of today’s system. While neither theoretically tidy nor practically perfect, those protections at least offer a modicum of dignity which the authors believe many persons would want to have when faced with a powerful adversary in a dehumanizing process. Finally, the authors briefly note why they believe the purported benefits from the reforms proposed in Making Defendants Speak are illusory.

December 1, 2009 at 8:25 am Posted in: Law Rev (Minnesota), Law Rev Forum Print This Post No Comments

Minnesota Law Review 93:6 (June 2009)

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Now that the Minnesota Law Review has moved to its new internet home, Minnesota Law Review Headnotes, we will begin clearing our backlog of Table of Contents entries covering the past year of publication. With this entry, we are now entirely up to date. We look forward to making our articles available on Concurring Opinions in the coming academic year.

Volume 93, Issue 6 (June 2009):

Articles

Pamela Samuelson, Are Patents on Interfaces Impeding Interoperability?, 93 Minn. L. Rev. 1943 (2009)

Nathan B. Oman, Specific Performance and the Thirteenth Amendment, 93 Minn. L. Rev. 2020 (2009)

Ilya Somin, The Limits of Backlash: Assessing the Political Response to Kelo, 93 Minn. L. Rev. 2100 (2009)

Review Essay

Michael J. Gerhardt, How a Judge Thinks, 93 Minn. L. Rev. 2185 (2009)

Notes

David A. Couillard, Note, Defogging the Cloud: Applying Fourth Amendment Principles to Evolving Privacy Expectations in Cloud Computing, 93 Minn. L. Rev. 2205 (2009)

Nina Liao, Note, Cramming Down the Housing Crisis: Amending 11 U.S.C. 1322(b) to Protect Homeowners and Create a Sustainable Bankruptcy System, 93 Minn. L. Rev. 2240 (2009)

Nicole M. Murphy, Note, Inequitable-Conduct Doctrine Reform: Is the Death Penalty for Patents Still Appropriate?, 93 Minn. L. Rev. 2274 (2009)

July 13, 2009 at 7:00 am Posted in: Law Rev (Minnesota), Law Rev Contents Print This Post No Comments

Minnesota Law Review 93:5 (May 2009)

posted by Minnesota Law Review

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Now that the Minnesota Law Review has moved to its new internet home, Minnesota Law Review Headnotes, we will begin clearing our backlog of Table of Contents entries covering the past year of publication. We will be bringing our entries up to date over the next few weeks.

Volume 93, Issue 5 (May 2009):

2008 Symposium: Law & Politics in the 21st Century

Jeffrey P. Justman, Symposium Foreward: Law & Politics in the 21st Century, 93 Minn. L. Rev. 1447 (2009)

Brett M. Kavanaugh, Separation of Powers in the Fourty-Fourth Presidency and Beyond, 93 Minn. L. Rev. 1454 (2009)

Benjamin Wittes, Judicial Nominations in an Umpireless Game: Trusted Sources, a Complaint, and a Proposal, 93 Minn. L. Rev. 1487 (2009)

Thomas Brennan, Lee Epstein & Nancy Staudt, The Political Economy of Judging, 93 Minn. L. Rev. 1503 (2009)

Ward Farnsworth, Dissents Against Type, 93 Minn. L. Rev. 1535 (2009)

Timothy R. Johnson, Ryan C. Black & Eve M. Ringsmuth, Hear Me Roar: What Provokes Supreme Court Justices to Dissent from the Bench, 93 Minn. L. Rev. 1560 (2009)

Heather K. Gerkin, Shortcuts to Reform, 93 Minn. L. Rev. 1582 (2009)

Ellen Katz, Withdrawal: The Roberts Court and the Retreat from Election Law, 93 Minn. L. Rev. 1615 (2009)

Nathaniel Persily & Jennifer S. Rosenberg, Defacing Democracy?: The Changing Nature and Rising Importance of As-Applied Challenges in the Supreme Court’s Recent Election-Law Decisions, 93 Minn. L. Rev. 1644 (2009)

Terry Smith, Disappearing Districts: Minority Vote Dilution Doctrine as Politics, 93 Minn. L. Rev. 1680 (2009)

Steven G. Calabresi & Nicholas Terrell, The Fatally Flawed Theory of the Unbundled Executive, 93 Minn. L. Rev. 1696 (2009)

Heidi Kitrosser, The Accountable Executive, 93 Minn. L. Rev. 1741 (2009)

William G. Howell, Wartime Judgments of Presidential Power: Striking Down but not Back, 93 Minn. L. Rev. 1778 (2009)

Charles Cameron & Jee-Kwang Park, with Deborah Beim, Shaping Supreme Court Policy Through Appointments: The Impact of a New Justice, 93 Minn. L. Rev. 1820 (2009)

Notes

Joseph C. Hansen, Note, Murder and the Military Commissions: Prohibiting the Executive’s Unauthorized Expansion of Jurisdiction, 93 Minn. L. Rev. 1871 (2009)

Marie Quasius, Note, Native American Rape Victims: Desperately Seeking an Oliphant-Fix, 93 Minn. L. Rev. 1902 (2009)

July 6, 2009 at 5:00 am Posted in: Law Rev (Minnesota), Law Rev Contents Print This Post No Comments

Minnesota Law Review 93:4 (April 2009)

posted by Minnesota Law Review

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Now that the Minnesota Law Review has moved to its new internet home, Minnesota Law Review Headnotes, we will begin clearing our backlog of Table of Contents entries covering the past year of publication. We will be bringing our entries up to date over the next few weeks.

Volume 93, Issue 4 (April 2009):

Articles

Fred C. Zacharias, The Myth of Self-Regulation, 93 Minn. L. Rev. 1147 (2009)

Eugene Kontorovich, Beyond the Article I Horizon: Congress’s Enumerated Powers and Universal Jurisdiciton over Drug Crimes, 93 Minn. L. Rev. 1191 (2009)

Glenn Staszewski, Reason-Giving and Accountability, 93 Minn. L. Rev. 1253 (2009)

Ted Sampsell-Jones, Making Defendants Speak, 93 Minn. L. Rev. 1327 (2009)

Notes

Charles E. Dickinson, Accepting Justice Kennedy’s Challenge: Reviving Race-Conscious School Assignments in the Wake of Parents Involved, 93 Minn. L. Rev. 1410 (2009)

Claire Deason, Unexpected Consequences: The Constitutional Implications of Federal Prison Policy for Offenders Considering Abortion, 93 Minn. L. Rev. 1377 (2009)

June 15, 2009 at 5:00 am Posted in: Law Rev (Minnesota), Law Rev Contents Print This Post No Comments

Minnesota Law Review 93:3 (February 2009)

posted by Minnesota Law Review

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Now that the Minnesota Law Review has moved to its new internet home, Minnesota Law Review Headnotes, we will begin clearing our backlog of Table of Contents entries covering the past year of publication. We will be bringing our entries up to date over the next few weeks.

Volume 93, Issue 3 (February 2009):

Articles

Austen L. Parrish, Reclaiming International Law from Extraterritoriality, 93 Minn. L. Rev. 815 (2009)

A. Michele Dickerson, Privatizing Ethics in Corporate Reorganizations, 93 Minn. L. Rev. 875 (2009)

Alan L. Durham, Natural Laws and Inevitable Infringement, 93 Minn. L. Rev. 933 (2009)

Michael H. LeRoy, Do Courts Create Moral Hazard? When Judges Nullify Employer Liability in Arbitrations, 93 Minn. L. Rev. 998 (2009)

Notes

Joseph Bourne, Prosecutorial Use of Forensic Science at Trial: When Is a Lab Report Testimonial?, 93 Minn. L. Rev. 1058 (2009)

Anna Richey-Allen, Presuming Innocence: Expanding the Confrontation Clause Analysis to Protect Children and Defendants in Child Sexual Abuse Prosecutions, 93 Minn. L. Rev. 1090 (2009)

Timothy W. Schmidt, Sweetening the Deal: Strengthening Transnational Bribery Laws Through Standard International Corporate Auditing Guildelines, 93 Minn. L. Rev. 1120 (2009)

June 9, 2009 at 7:35 pm Posted in: Law Rev (Minnesota), Law Rev Contents Print This Post No Comments

Minnesota Law Review 93:2 (December 2008)

posted by Minnesota Law Review

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Now that the Minnesota Law Review has moved to its new internet home, Minnesota Law Review Headnotes, we will begin clearing our backlog of Table of Contents entries covering the past year of publication. We will be bringing our entries up to date over the next few weeks.

Volume 93, Issue 2 (December 2008):

Essay

Steven L. Schwarcz, Protecting Financial Markets: Lessons from the Subprime Mortgage Meltdown, 93 Minn. L. Rev. 373 (2008)

Articles

James G. Dwyer, The Child Protection Pretense: States’ Continued Consignment of Newborn Babies to Unfit Parents, 93 Minn. L. Rev. 407 (2008)

Allan Erbsen, Horizontal Federalism, 93 Minn. L. Rev. 493 (2008)

RonNell Andersen Jones, Avalanche or Undue Alarm? An Empirical Study of Subpoenas Received by the News Media, 93 Minn. L. Rev. 585 (2008)

Jenny Roberts, The Mythical Divide Between Collateral and Direct Consequences of Criminal Convictions: Involuntary Commitment of “Sexually Violent Predators”, 93 Minn. L. Rev. 670 (2008)

Notes

Noreen E. Johnson, Blight and Its Discontents: Awarding Attorney’s Fees to Property Owners in Redevelopment Actions, 93 Minn. L. Rev. 741 (2008)

Peter M. Kohlhepp, When the Invention Is an Inventor: Revitalizing Patentable Subject Matter to Exclude Unpredictable Processes, 93 Minn. L. Rev. 779 (2008)

June 5, 2009 at 5:16 am Posted in: Law Rev (Minnesota), Law Rev Contents Print This Post No Comments

Minnesota Law Review 93:1 (November 2008)

posted by Minnesota Law Review

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Now that the Minnesota Law Review has moved to its new internet home, Minnesota Law Review Headnotes, we will begin clearing our backlog of Table of Contents entries covering the past year of publication. We will be bringing our entries up to date over the next few weeks.

Volume 93, Issue 1 (November 2008):

Lecture

Jack M. Balkin, The Constitution in the National Surveillance State, 93 Minn. L. Rev. 1 (2008)

Articles

Martin H. Redish & Denis Murashko, The Rules Enabling Act and the Procedural-Substantive Tension: A Lesson in Statutory Interpretation, 93 Minn. L. Rev. 26 (2008)

Jill Elaine Hasday, Fighting Women: The Military, Sex, and Extrajudicial Constitutional Change, 93 Minn. L. Rev. 96 (2008)

Miranda Perry Fleischer, Generous to a Fault? Fair Shares and Charitable Giving, 93 Minn. L. Rev. 165 (2008)

Sara C. Bronin, The Quiet Revolution Revived: Sustainable Design, Land-Use Regulation, and the States, 93 Minn. L. Rev. 231 (2008)

Notes

Kyle Hawkins, Gagging on the First Amendment: Assessing Challenges to the Reauthorization Act’s Nondisclosure Provisions, 93 Minn. L. Rev. 274 (2008)

Y. Angela Lam, The Gift that Keeps on Taking: How Federal Banking Laws Prevent States from Enforcing Gift Card Laws, 93 Minn. L. Rev. 311 (2008)

Michael D. Schoepf, Removing the Judicial Gag Rule: A Proposal for Changing Judicial Speech Regulations to Encourage Public Discussion of Active Cases, 93 Minn. L. Rev. 341 (2008)

June 1, 2009 at 5:30 am Posted in: Law Rev (Minnesota), Law Rev Contents Print This Post No Comments

Minnesota Law Review 92:6 (June 2008)

posted by Minnesota Law Review

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Now that the Minnesota Law Review has moved to its new internet home, Minnesota Law Review Headnotes, we will begin clearing our backlog of Table of Contents entries covering the past year of publication. We will be bringing our entries up to date over the next few weeks.

Volume 92, Issue 6 (June 2008):

Articles:

Brandon L. Garrett, Claiming Innocence, 92 Minn. L. Rev. 1629 (2008)

Thomas F. Cotter, Towards a Functional Definition of Publication in Copyright Law, 92 Minn. L. Rev. 1724 (2008)

David E. Adelman & Kirsten H. Engel, Adaptive Federalism: The Case Against Reallocating Environmental Regulatory Authority, 92 Minn. L. Rev. 1796 (2008)

Suja A. Thomas, Why the Motion to Dismiss Is Now Unconstitutional, 92 Minn. L. Rev. 1851 (2008)

Notes:

Damon Brinson, Reasonable Means: Unavailable Declarants After United States v. Yida, 92 Minn. L. Rev. 1891 (2008)

Lindsey J. Hopper, Striking a Balance: An Open Courts Analysis of the Uniform Emergency Volunteer Health Practitioners Act, 92 Minn. L. Rev. 1924 (2008)

Paul J. LaVanway, Jr., Patent Licensing and Discretion: Reevaluating the Discretionary Prong of Declaratory Judgment Jurisdiction after Medimmune, 92 Minn. L. Rev. 1966 (2008)

May 28, 2009 at 5:14 pm Posted in: Law Rev (Minnesota), Law Rev Contents Print This Post No Comments

Minnesota Law Review, 92:5 (May 2008)

posted by Minnesota Law Review

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Now that the Minnesota Law Review has moved to its new internet home, Minnesota Law Review Headnotes, we will be clearing our backlog of Table of Contents entries covering the past year of publication. We will be bringing our entries up to date over the next few weeks.

Volume 92, Issue 5 (May 2008):

2008 Symposium: The Low-Wage Worker: Legal Rights, Legal Realities

David Neumark & William Wascher, Minimum Wages and Low-Wage Workers: How Does Reality Match the Rhetoric?, 92 Minn. L. Rev. 1296 (2008)

Craig Becker & Paul Strauss, Representing Low-Wage Workers in the Absence of a Class: The Peculiar Case of Section 16 of the Fair Labor Standards Act and the Underenforcement of Minimum Labor Standards, 92 Minn. L. Rev. 1317 (2008)

Ellen Danin, Counting What Matters: Privatiziation, People with Disabilities, and Low-Wage Work, 92 Minn. L. Rev. 1348 (2008)

Peggie R. Smith, The Publicization of Home-Based Care Work in State Labor Law, 92 Minn. L. Rev. 1390 (2008)

David Weissbrodt, Remedies for Undocumented Noncitizens in the Workplace: Using International Law to Narrow the Holding of Hoffman Plastic Compounds, Inc. v. NLRB, 92 Minn. L. Rev. 1424 (2008)

Michael J. Wishnie, Labor Law After Legalization, 92 Minn. L. Rev. 1446 (2008)

Nelson Lichtenstein, How Wal-Mart Fights Unions, 92 Minn. L. Rev. 1462 (2008)

Catherine L. Fisk & Michael M. Oswalt, Preemption and Civic Democracy in the Battle over Wal-Mart, 92 Minn. L. Rev. 1502 (2008)

Notes:

Dan Ganin, A Mock Funeral for a First Amendment Double Standard: Containing Coercion in Secondary Labor Boycotts, 92 Minn. L. Rev. 1539 (2008)

Hans H. Grong, Towards a Robust Separation of Powers: Recapturing the Judiciary’s Role at Sentencing, 92 Minn. L. Rev. 1584 (2008)

May 26, 2009 at 6:53 am Posted in: Law Rev (Minnesota), Law Rev Contents Print This Post One Comment

Minnesota Law Review, 92:4 (April 2008)

posted by Minnesota Law Review

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Volume 92, Issue 4, April 2008:

Articles

Kevin K. Washburn, The Legacy of Bryan v. Itasca County: How an Erroneous $147 County Tax Notice Helped Bring Tribes $200 Million in Indian Gaming Revenue, 92 Minn. L. Rev. 919 (2008)

Joseph Blocher, Amending the Exceptions Clause, 92 Minn. L. Rev. 971 (2008)

Paul J. Heald, Property Rights and the Efficient Exploitation of Copyrighted Works: An Empirical Analysis of Public Domain and Copyrighted Fiction Bestsellers, 92 Minn. L. Rev. 1031 (2008)

Richard L. Hasen, Beyond Incoherence: The Roberts Court’s Deregulatory Turn in FEC v. Wisconsin Right to Life, 92 Minn. L. Rev. 1064 (2008)

Christopher L. Peterson, Usury Law, Payday Loans, and Statutory Sleight of Hand: Salience Distortion in American Credit Pricing Limits, 92 Minn. L. Rev. 1110 (2008)

Notes

Elizabeth C. Borer, Modernizing Medicare: Protecting America’s Most Vulnerable Patients from Predatory Health Care Marketing Through Accessible Legal Remedies, 92 Minn. L. Rev. 1165 (2008)

Kyle W. Brenton, BONGHiTS4JESUS.COM? Scrutinizing Public School Authority over Student Cyberspeech Through the Lens of Personal Jurisdiction, 92 Minn. L. Rev. 1206 (2008)

Jeffrey P. Justman, Capturing the Ghost: Expanding Federal Rule of Civil Procedure 11 to Solve Procedural Concerns with Ghostwriting, 92 Minn. L. Rev. 1246 (2008)

May 18, 2009 at 5:10 pm Posted in: Law Rev (Minnesota), Law Rev Contents, Uncategorized Print This Post No Comments

Announcing Minnesota Law Review Headnotes

posted by Minnesota Law Review

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The Minnesota Law Review is proud to announce the launch of our new online companion journal, Minnesota Law Review Headnotes. Headnotes will serve as the online archive of the Law Review‘s print articles, available in PDF format, but it will also feature original, online-only Response articles in which prominent academics respond to the articles the Law Review publishes.

In our inaugural round of Headnotes Responses:

Orin Kerr (George Washington University Law School) responds to Jack Balkin‘s Lecture, The Constitution in the National Surveillance State. In The National Surveillance State: A Response to Balkin, Kerr agrees with Balkin’s premise that the development of surveillance and data-gathering technology presents problems for the law, but argues against Balkin’s conclusion that these new technological developments require a fundamental shift in governance.

Lisa Blomgren Bingham and David S. Good (Indiana University School of Public and Environmental Affairs) respond to Michael LeRoy‘s article, Do Courts Create Moral Hazard? When Judges Nullify Employer Liability in Arbitrations. In A Better Solution to Moral Hazard in Employment Arbitration: It Is Time to Ban Predispute Binding Arbitration Clauses, Bingham and Good take a second look at LeRoy’s statistics and probe some of his empirical conclusions. They then suggest an entirely different policy prescription to solve the arbitration problem: banning binding predispute arbitration agreements in employment altogether.

Alexandra B. Klass (University of Minnesota Law School) responds to Sara Bronin‘s article, The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, and the States. In Climate Change and Reassessing the “Right” Level of Government, Klass further explores and amplifies the federalism issues that Bronin introduced in her article. Klass ultimately advocates applying the “cooperative federalism” approach used in other areas of environmental law to the problems of local regulation of green building.

In addition to its original online content, Headnotes also features an archive of the Law Review‘s print issues. Currently, the past four years of articles (Volumes 90-93) are available online, with greater coverage to come over the next few months. In the next few weeks, we will also be updating our Table of Contents entries here on Concurring Opinions to reflect our most recent articles, now available online.

May 14, 2009 at 9:00 pm Posted in: Law Rev (Minnesota), Law Rev Forum Print This Post One Comment

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