Concurring Opinions » Law Rev (Minnesota)

Minnesota Law Review 96:1 (November 2011)

Minnesota Law Review — Wed, 01 Feb 2012 00:18:46 +0000

Volume 96, Issue 1 (November 2011):

Essay

Catharine A. MacKinnon, Substantive Equality: A Perspective, 96 Minn. L. Rev. 1 (2011)

Articles

Frank B. Cross, Tort Law and the American Economy, 96 Minn. L. Rev. 28 (2011)

Tsilly Dagan and Talia Fisher, Rights for Sale, 96 Minn. L. Rev. 90 (2011)

Kimberly Kessler Ferzan, Beyond Crime and Commitment: Justifying Liberty Deprivations of the Dangerous and Responsible, 96 Minn. L. Rev. 141 (2011)

Neomi Rao, Public Choice and International Law Compliance: The Executive Branch Is a “They,” Not an “It”, 96 Minn. L. Rev. 194 (2011)

Notes

Daniel J. Iden, Combating Joint Ventures in Suppression: Taking Inventory of the Legal Arsenal, 96 Minn. L. Rev. 278 (2011)

Mark Thomson, Who Are They to Judge?: The Constitutionality of Delegations by Courts to Probation Officers, 96 Minn. L. Rev. 306 (2011)

Margaret E. Wade, The Sartorial Dilemma of Knockoffs: Protecting Moral Rights without Disturbing the Fashion Dynamic, 96 Minn. L. Rev. 336 (2011)

Cybersecurity Puzzles

Derek Bambauer — Tue, 24 Jan 2012 21:13:53 +0000

Cybersecurity is in the news: a network intrusion allegedly interfered with railroad signals in the Northwest in December; the Obama administration refused to support the Stop Online Piracy Act due to worries about interfering with DNSSEC; and the GAO concluded that the Department of Homeland Security is making things worse by oversharing. So, I’m fortunate that the Minnesota Law Review has just published the final version of Conundrum (available on SSRN), in which I argue that we should take an information-based approach to cybersecurity:

Cybersecurity is a conundrum. Despite a decade of sustained attention from scholars, legislators, military officials, popular media, and successive presidential administrations, little if any progress has been made in augmenting Internet security. Current scholarship on cybersecurity is bound to ill-fitting doctrinal models. It addresses cybersecurity based upon identification of actors and intent, arguing that inherent defects in the Internet’s architecture must be remedied to enable attribution. These proposals, if adopted, would badly damage the Internet’s generative capacity for innovation. Drawing upon scholarship in economics, animal behavior, and mathematics, this Article takes a radical new path, offering a theoretical model oriented around information, in distinction to the near-obsession with technical infrastructure demonstrated by other models. It posits a regulatory focus on access and alteration of data, and on guaranteeing its integrity. Counterintuitively, it suggests that creating inefficient storage and connectivity best protects user capabilities to access and alter information, but this necessitates difficult tradeoffs with preventing unauthorized interaction with data. The Article outlines how to implement inefficient information storage and connectivity through legislation. Lastly, it describes the stakes in cybersecurity debates: adopting current scholarly approaches jeopardizes not only the Internet’s generative architecture, but also key normative commitments to free expression on-line.

Conundrum, 96 Minn. L. Rev. 584 (2011).

Cross-posted at Info/Law.

Minnesota Law Review 95:5 (May 2011)

Minnesota Law Review — Thu, 26 May 2011 01:36:56 +0000

Volume 95, Issue 5 (May 2011):

Articles

Nicole Elsasser Watson, Government Ethics and Bailouts: The Past, Present, and Future, 95 Minn. L. Rev. 1525 (2011)

Jeffrey M. Lipshaw , The Financial Crisis of 2008-2009: Capitalism Didn’t Fail, but the Metaphors Got a “C” , 95 Minn. L. Rev. 1532 (2011)

Jonathan G. Katz , Who Benefited from the Bailout?, 95 Minn. L. Rev. 1568 (2011)

Kathleen Clark, Fiduciary-Based Standards for Bailout Contractors: What the Treasury Got Right and Wrong in TARP, 95 Minn. L. Rev. 1614 (2011)

Claire Hill and Richard Painter, Compromised Fiduciaries: Conflicts of Interest in Government and Business, 95 Minn. L. Rev. 1637 (2011)

Lisa M. Fairfax, Government Governance and the Need to Reconcile Government Regulation with Board Fiduciary Duties, 95 Minn. L. Rev. 1692 (2011)

Steven M. Davidoff, Uncomfortable Embrace: Federal Corporate Ownership in the Midst of the Financial Crisis, 95 Minn. L. Rev. 1733 (2011)

Stephen M. Bainbridge, Dodd-Frank: Quack Federal Corporate Governance Round II, 95 Minn. L. Rev. 1779 (2011)

Usha Rodrigues, Corporate Governance in an Age of Separation of Ownership from Ownership, 95 Minn. L. Rev. 1822 (2011)

Notes

Elsa Bullard, Insufficient Government Protection: The Inescapable Element in Domestic Violence Asylum Cases, 95 Minn. L. Rev. 1867 (2011)

Jamie L. Kastler, The Problem with Waste: Delaware’s Lenient Treatment of Waste Claims at the Demand Stage of Derivative Litigation, 95 Minn. L. Rev. 1899 (2011)

Christopher A. Pinahs, Diversity Jurisdiction and Injunctive Relief: Using “Moving-Party Approach” to Value the Amount in Controversy, 95 Minn. L. Rev. 1930 (2011)

Minnesota Law Review 95:4 (April 2011)

Minnesota Law Review — Mon, 25 Apr 2011 23:45:36 +0000

Volume 95, Issue 4 (April 2011):

Articles

Michael Steven Green, Erie’s Suppressed Premise, 95 Minn. L. Rev. 1111 (2011)

Allan Erbsen, Constitutional Spaces, 95 Minn. L. Rev. 1168 (2011)

Maya Steinitz, Whose Claim Is This Anyway? Third-Party Litigation Funding, 95 Minn. L. Rev. 1268 (2011)

David Weissbrodt and Nathaniel H. Nesbitt, The Role of the United States Supreme Court in Interpreting and Developing Humanitarian Law, 95 Minn. L. Rev. 1339 (2011)

Notes

Justin Goetz, Hold Fast the Keys to the Kingdom: Federal Administrative Agency and the Need for Brady Disclosure, 95 Minn. L. Rev. 1424(2011)

Karen E. Nelson, Turning Winners into Losers: Ponzi Scheme Avoidance Law and the Inequity of Clawbacks, 95 Minn. L. Rev. 1456 (2011)

Monica Patel, Expanding the Role of Trade Preference Programs, 95 Minn. L. Rev. 1490 (2011)

Minnesota Law Review 95:3 (February 2011)

Minnesota Law Review — Fri, 11 Feb 2011 05:15:17 +0000

Volume 95, Issue 3 (February 2011):

Articles

Michael P. Vandenbergh, Amanda R. Carrico, and Lisa Schultz Bressman, Regulation in the Behavioral Era, 95 Minn. L. Rev. 715 (2011)

Margaret H. Lemos, Special Incentives to Sue, 95 Minn. L. Rev. 782 (2011)

Randall S. Thomas and Harwell Wells, Executive Compensation in the Courts: Board Capture, Optimal Contracting, and Officers’ Fiduciary Duties, 95 Minn. L. Rev. 846 (2011)

Sarah B. Lawsky, On the Edge: Declining Marginal Utility and Tax Policy, 95 Minn. L. Rev. 904 (2011)

Deborah Hellman, Money Talks but It Isn’t Speech, 95 Minn. L. Rev. 953 (2011)

Notes

Heather R. Abraham, Legitimate Absenteeism: The Unconstitutionality of the Caucus Attendance Requirement, 95 Minn. L. Rev. 1003 (2011)

Reed T. Schuster, Rule 14a-11 and the Administrative Procedure Act: It’s Better to Have Had and Waived, than Never to Have Had at All, 95 Minn. L. Rev. 1034 (2011)

Tyler J. Siewert, The Cloying Use of Unallotment: Curbing Executive Branch Appropriation Reductions During Fiscal Emergencies, 95 Minn. L. Rev. 1071 (2011)

Minnesota Law Review 95:2 (December 2010)

Minnesota Law Review — Thu, 13 Jan 2011 00:25:50 +0000

Volume 95, Issue 2 (December 2010):

Articles

Josh Chafetz, Impeachment and Assassination, 95 Minn. L. Rev. 347 (2010)

J.B. Ruhl and Robert L. Fischman, Adaptive Management in the Courts, 95 Minn. L. Rev. 424 (2010)

I. Glenn Cohen and Daniel L. Chen, Trading-Off Reproductive Technology and Adoption: Does Subsidizing IVF Decrease Adoption Rates and Should it Matter?, 95 Minn. L. Rev. 485 (2010)

Robert B. Ahdieh, The Visible Hand: Coordination Functions of the Regulatory State, 95 Minn. L. Rev. 578 (2010)

Notes

Laura N. Arneson, Defining Unpatented Article: Why Labeling Products with Expired Patent Numbers Should Not Be False Marketing, 95 Minn. L. Rev. 650 (2010)

Trevor Woodage, Relative Futility: Limits to Genetic Privacy Protection Because of the Inability to Prevent Disclosure of Genetic Information by Relatives, 95 Minn. L. Rev. 682 (2010)

Minnesota Law Review — Tue, 07 Dec 2010 16:50:13 +0000

Volume 95, Issue 1 (November 2010):

Lecture

Hon. Ruth Bader Ginsburg, The Role of Dissenting Opinions, 95 Minn. L. Rev. 1 (2010)

Articles

Margaret H. Lemos and Alex Stein, Strategic Enforcement, 95 Minn. L. Rev. 9 (2010)

Hon. Richard D. Cudahy and Alan Devlin, Anticompetitive Effect, 95 Minn. L. Rev. 59 (2010)

Jeffrey A. Meyer, Dual Illegality and Geoambiguous Law: A New Rule for Extraterritorial Application of U.S. Law, 95 Minn. L. Rev. 110 (2010)

David Zaring, Administration by Treasury, 95 Minn. L. Rev. 187 (2010)

Notes

Nathaniel H. Nesbitt, Meeting Boumediene‘s Challenge: The Emergence of an Effective Habeas Jurisprudence and Obsolescence of New Detention Legislation, 95 Minn. L. Rev. 244 (2010)

Steven Schmidt, The Need for Review: Allowing Defendants to Appeal the Factual Basis of a Conviction After Pleading Guilty, 95 Minn. L. Rev. 284 (2010)

Eva B. Stensvad, Immunity for Vaccine Manufacturers: The Vaccine Act and Preemption of Design Defect Claims, 95 Minn. L. Rev. 315 (2010)

When Life Imitates Legal Scholarship

Miriam Cherry — Mon, 18 Oct 2010 02:03:26 +0000

Last year, my Pacific-McGeorge colleague Jarrod Wong and I wrote an article about corporate law and contract law. A couple months ago, we found out that the selection committee had liked our work enough to give us the faculty scholarship award (named in honor of our colleague John Sprankling’s service as associate dean). It was a great night, and we even received bonus checks to celebrate our win!

But then came the irony. In addition to the bonus checks we were given at the awards ceremony, which we both cashed, and, one of us, ahem, spent immediately, we then received an email informing us that we had each received a second bonus amount via the direct deposit system. We were asked to give the second bonuses back.

The irony is that the article that won us the award was an article about clawback provisions. The first part of the article deals with clawbacks in the context of executive compensation, and most specifically, bonuses. (The second portion of the article deals with investors defrauded in ponzi schemes).

So what did we do? We weren’t entitled to two bonuses, so we of course made arrangements to return the overage. Further, it wasn’t particularly difficult to unwind the transaction. Some of the critiques we’ve received of our paper, which focus on the logistical difficulties, now seem even more overblown.

Rather than cowering and hiding from the claw like the stuffed animals in the arcade game (who seem desperately slippery and evasive), we, like the sentient alien toys in the “Toy Story” movie, had nothing to hide from the claw.

Minnesota Law Review Headnotes 94:2 (May 2010)

Minnesota Law Review — Tue, 18 May 2010 16:04:38 +0000

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.

Minnesota Law Review 94:5 (May 2010)

Minnesota Law Review — Tue, 11 May 2010 18:28:37 +0000

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)

Minnesota Law Review 94:1 (November 2009)

Minnesota Law Review — Mon, 07 Dec 2009 16:19:12 +0000

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)

Minnesota Law Review Headnotes 94:1 (December 2009)

Minnesota Law Review — Tue, 01 Dec 2009 15:25:21 +0000

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.

Minnesota Law Review 93:6 (June 2009)

Minnesota Law Review — Mon, 13 Jul 2009 14:00:31 +0000

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)

Minnesota Law Review 93:5 (May 2009)

Minnesota Law Review — Mon, 06 Jul 2009 12:00:19 +0000

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)

Minnesota Law Review 93:4 (April 2009)

Minnesota Law Review — Mon, 15 Jun 2009 12:00:36 +0000

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)

Minnesota Law Review 93:3 (February 2009)

Minnesota Law Review — Wed, 10 Jun 2009 02:35:46 +0000

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)

Minnesota Law Review 93:2 (December 2008)

Minnesota Law Review — Fri, 05 Jun 2009 12:16:46 +0000

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)

Minnesota Law Review 93:1 (November 2008)

Minnesota Law Review — Mon, 01 Jun 2009 12:30:44 +0000

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)

Minnesota Law Review 92:6 (June 2008)

Minnesota Law Review — Fri, 29 May 2009 00:14:55 +0000

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)

Minnesota Law Review, 92:5 (May 2008)

Minnesota Law Review — Tue, 26 May 2009 13:53:53 +0000

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)