Content Posted in 2020
A Better Solution to Moral Hazard in Employment Arbitration: It Is Time to Ban Predispute Binding Arbitration Clauses, Lisa Blomgren Bingham and David Henning Good
A Consequential Justice, Robert A. Stein
Aesthetic Play and Bad Intent, Andrew J. Kerr
A New Social Contract: Corporate Personality Theory and the Death of the Firm, Stefan J. Padfield
Annual Message of Governor Ramsey to the Senate and House of Representatives of the State of Minnesota [1861], Minnesota Governor
Annual Report of the Attorney General for 1860, Minnesota Attorney General
Annual Report of the Attorney General to the Legislature of Minnesota [1862], Minnesota Attorney General
Annual Report of the Attorney General to the Legislature of Minnesota [1863], Minnesota Attorney General
Annual Report of the Attorney General to the Legislature of Minnesota [1864], Minnesota Attorney General
Annual Report of the Attorney General to the Legislature of Minnesota [1865], Minnesota Attorney General
Annual Report of the Attorney General to the Legislature of Minnesota [1866], Minnesota Attorney General
Annual Report of the Attorney General to the Legislature of Minnesota [1867], Minnesota Attorney General
Annual Report of the Attorney General to the Legislature of Minnesota [1868], Minnesota Attorney General
Annual Report of the Attorney General to the Legislature of Minnesota [1869], Minnesota Attorney General
Annual Report of the Attorney General to the Legislature of Minnesota [1870], Minnesota Attorney General
A Place of Their Own: Crowds in the New Market for Equity Crowdfunding, Seth C. Oranburg
A Response to Appleton and Pollak, I. Glenn Cohen and Daniel L. Chen
A Response to Professor I. Glenn Cohen's Regulating Reproduction: The Problem with Best Interests, Helen M. Alvare
A Solution To Hoffman’s Choice For Unauthorized Workers: Creating New Incentives To Report Unlawful Workplace Discrimination, Andrew J. Glasnovich
As TIF: Missouri's Misguided Attempt to Reform Tax Increment Financing Deepens the Education Resource Gap, Mark Ficken
A Substantial Interest: Why The Government Is Legally Justified In Prohibiting Disparaging Trademarks, Jessica Michael Van Muelken Mikkelson
Authentic Reproductive Regulation, Bridget J. Crawford
Beyond Exclusion: A Review of Peter J. Spiro’s “Beyond Citizenship”, Jeffrey A. Redding
Buck v. Bell, American Eugenics, and the Bad Man Test: Putting Limits on Newgenics in the 21st Century, Alessandra Suuberg
Burying Best Interests of the Resulting Child: A Response to Professors Crawford, Alvare, and Mutcherson, I. Glenn Cohen
Climate Change and Reassessing the “Right” Level of Government: A Response to Bronin, Alexandra Klass
Clinging to the Common Law in an Age of Statutes: Criminal Law in the States, Michael G. Heyman
Comment: Anticompetitive Effect, Daniel R. Shulman
Crawford v. Washington: What Would Justice Thomas Do, Bradley G. Clary
Cybersecurity, Privacy, and Artificial Intelligence: An Examination of Legal Issues Surrounding the European Union General Data Protection Regulation and Autonomous Network Defense, Brandon W. Jackson
Due Process Limits on Accomplice Liability, Michael G. Heyman
Exploring the Connections between Adoption and IVF: Twibling Analyses, Susan Frelich Appleton and Robert A. Pollak
Fixing Implied Constitutional Powers in the Founding Era, John Mikhail
"For the Mutual Benefit of Members Thereof": Attacking Capper-Volstead Immunity and Challenging Dairy Cooperative Power, Eduardo Castro
From Appendix to Heart: Tracing the History of the Bill of Rights, Lael Weinberger
From Ivory Tower to Minnesota Supreme Court, David Wippman
Global Collection: Reviewing the Global Limits of Competition Law (Ioannis Lianos & D. Daniel Sokol, eds., 2012), Max Huffman
Government Endorsement: A Reply to Nelson Tebbe's Government Nonendorsement, Abner S. Greene
Grant of Lands to the Minnesota and Pacific R.R. Co. and Others: Together with Act of Congress, United States United States
Heuristic Interventions in the Study of Intellectual Property, Jessica Silbey
How the Umpires Remake the Game, Julie Novkov
Improving Familial and Communal Eldercare in the United States: Lessons from China and Japan, H. Hunter Bruton
Improving Technology Neutrality through Compulsory Licensing, Jake Linford
In Defense of Future Children: A Response to Cohen's Beyond Best Interests, Kimberly M. Mutcherson
In Defense of Intellectual Property Anxiety: A Response to Professor Fagundes, Aaron K. Perzanowski
Innovating between and within Technological Paradigms: A Response to Samuelson, Peter Lee
[Insert Company Name] Sucks: A Response to Speech, Citizenry and the Market, Byron Crowe II
In the Shadow of the Omnipresent Claw: A Reply to Professors Cherry & Wong, Michael C. Macchiarola
Is My Family Constitution Unconstitutional?, Allison Anna Tait
Justice David Stras, Judicial Politics and Federal Court Nomination Politics, Timothy R. Johnson
Justice Scalia: Affirmative or Negative?, Stephen M. Griffin
Justice Scalia's Innocence Tetralogy, Lee Kovarsky
Justice Scalia's Jiggery-Pokery in Federal Arbitration Law, David S. Schwartz
Justice Scalia's Unparalleled Contributions to Administrative Law, Richard J. Pierce
Law, Technology, and Pedagogy: Teaching Coding to Build a “Future-Proof” Lawyer, Alfredo Contreras and Joe McGrath
Les Bleus and Black: A Football Elegy to French Colorblindness, Khaled A. Beydoun
Mastering the Cases and Delineating the Role of the Supreme Court, Sanford Levinson
Mathis v. U.S. and the Future of the Categorical Approach, Evan Tsen Lee
Memorial of Citizens of the United States, Residing within the Limits of the Territory of Minnisota, United States Congress and Senate
Message of the Governor of Minnesota to the Legislative Assembly [1852], Minnesota Governor
Message of the Governor of Minnesota to the Legislative Assembly [1853], Minnesota Governor
Message of the Governor of Minnesota to the Legislative Assembly [1862], Minnesota Governor
Message of the President of the United States, Communicating a Copy of the Constitution of Minnesota, United States President
Minnesota Election Case, United States Congress and House of Representatives
Minnesota Territory Election Case, United States Congress and House of Representatives
Mitigating Power Imbalance in Eviction Mediation: A Model for Minnesota, Rebecca Hare
More than Winners and Losers: The Importance of Moving Climate and Environmental Policy Debate toward a More Transparent Process, Victor B. Flatt
No Explanation Required: A Reply to Jeffrey Bellin's eHearsay, Colin Miller
Not Intelligent: Encoding Gender Bias, Cara Tenenbaum
Not the Latest Science: National Recommended Water Quality Criteria for Aquatic Life Under the Clean Water Act, Sam B. Duggan and Christopher J. Kotalik
Obergefell and the New Reproduction, Courtney Megan Cahill
On Silence: A Reply to Professors Cribari and Judges, Ted Sampsell-Jones
Outstanding Constitutional and International Law Issues Raised by the United States-Puerto Rico Relationship, Juan R. Torruella
Pass Senate Bill 355: How Proposed Minnesota Legislation Brings The U.S. Into Compliance With International Norms, Maria Warhol
Paying High for Low Performance, Steven A. Bank and George S. Georgiev
Playing Favorites?: Justice Scalia, Abortion Protests, and Judicial Impartiality, Daniel A. Farber
Practical Equality and the Limits of Second Best Strategies for Justice, Franita Tolson
Predicting Administrative Patent Challenges, Talia Bar and Brendan Costello
Preventing #MeToo: Artificial Intelligence, the Law, and Prophylactics, James P. de Haan
Preventing Sexual Harassment and Misconduct in Higher Education: How Lawyers Should Assist Universities in Fortifying Ethical Infrastructure, Susan Saab Fortney
Proscribing Prescriptions: A Legal Analysis Of State Off-Label Restrictions On Medication Abortion, Kaiya A. Lyons
Prosecuting Inequitable Conduct, Kyle R. Kroll
Public Health vs. Public Health: Balancing Environmental Concerns with the Need for Sterile Medical Devices, Jack Brooksbank
Putting Olmstead To Work: Toward A Less Segregated Workplace, Alexander Lane
Reconsidering the History of Judicial Review, Keith E. Whittington
Record of the Proceedings of the State Board of Equalization, Minnesota State Board of Equalization
Regulating Pollen, Brian Sawers
Reining in Private Agents, Amitai Etzioni
Remembering Justice Antonin Scalia, Alan B. Morrison
Reply: Clawback to the Future, Miriam A. Cherry and Jarrod Wong
Report of the Secretary of War in Relation to the Land Reserved at Fort Snelling for Military Purposes, United States War Department
Rescued from the Grave and Then Covered with Mud: Justice Scalia and the Unfinished Restoration of the Confrontation Right, Richard D. Friedman
Responding to the Legal Needs of Parents with Psychiatric Disabilities: Insights from Parent Interviews, Robyn M. Powell, Susan L. Parish, Monika Mitra, and Joanne Nicholson
Response to McGeveran's the Duty of Data Security: Not the Objective Duty He Wants, Maybe the Subjective Duty We Need, Justin Hurwitz
Restructuring the U.S. Tax Court: A Reply to Stephanie Hoffer and Christopher Walker's the Death of Tax Court Exceptionalism, Leandra Lederman
Rethinking FDA Regulation of Complex Products, Philip E. Alford
Right Question, Wrong Answer: A Response to Professor Epstein and the Permititis Challenge, Ralph F. Hall
Ship-Money: The Case that Time and Whittington Forgot, Mark A. Graber
Should the Left Dissent?, Nelson Tebbe
Silencing Innovation: The Patent Eligibility of siRNA Therapeutics, Alexander M. Walker
Sonia Sotomayor: Role Model of Empathy and Purposeful Ambition: Reviewing My Beloved World by Sonia Sotomayor (2013), Rebecca K. Lee
Speaking of Silence: A Reply to Making Defendants Speak, Donald P. Judges and Stephen J. Cribari
Standing Rules of the Council and House of Representatives, Minnesota Territory Legislative Assembly
Stretched Thin: Parents Lacking Resources Who Are Accused Of Negligent Child Abuse Need Solutions, Not Prisons, Katie Scott
Substantial Government Interference with Prosecution Witnesses: The Ninth Circuit's Decision in United States v. Juan, Ruth A. Moyer
Taking It to the Limit: Shifting U.S. Antitrust Policy toward Standards Development, Jorge L. Contreras
Tax Credits on Federally Created Exchanges: Lessons from a Legislative Process Failure Theory of Statutory Interpretation, Mark Seidenfeld
Teaching with Feminist Judgments: A Global Conversation, Bridget J. Crawford, Kathryn M. Stanchi, Linda L. Berger, Gabrielle Appleby, Susan Frelich Appleton, Ross Astoria, Sharon Cowan, Rosalind Dixon, J. Troy Lavers, Andrea L. McArdle, Elisabeth McDonald, Teri A. McMurtry-Chubb, Vanessa E. Munro, and Pamela A. Wilkins
The Case For Preserving Transgender And Gender Nonconforming Health Care Protections, Bailey Metzger
The Case of Johnson v. Carpenter et als., Minnesota Supreme Court
The Chevronization of Auer, Kristin E. Hickman and Mark R. Thomson
The Cradle of the Countermajoritarian Difficulty, John W. Compton
The Dormant Commerce Clause Wynnes Won Wins One: Five Takes on Wynne and Direct Marketing Association, Brannon P. Denning
The Genetic Fallacy and a Living Constitution, Charles L. Barzun
The Hidden Costs of Dissent, Robert L. Tsai
The Indiscretion of Friends: Fourth Amendment Concerns About the Ability to Predict a Person’s Online Social Activity by Monitoring Her Contacts, George M. Dery III
The Limitations of Economic Reasoning in Analyzing Duress, Shawn Bayern
The National Surveillance State: A Response to Balkin, Orin S. Kerr
The Newclear Family: The Broadening Recognition Of Non-Traditional Families And Where To Draw The Line, Ally Nicol
The Optimal Scope of Physicians' Duty to Protect Patients' Privacy, Ronen Avraham and Joachim Meyer
The Other Trade War, Kathleen Claussen
The Privileged Working Conditions Of Public Employees Sanctioned By Public Law: Adding One Dimension To Inequality, Paolo D’Anselmi
The SAFE, the KISS, and the Note: A Survey of Startup Seed Financing Contracts, John F. Coyle and Joseph M. Green
The Supreme Court's Quiet Expansion of Qualified Immunity, Kit Kinports
The Twice and Future President Revisited: Of Three-Term Presidents and Constitutional End Runs, Bruce G. Peabody
Tie Votes and the 2016 Supreme Court Vacancy, Justin R. Pidot
Toward a Theory of Extraterritoriality, Mark Gibney
Trial by Surprise: When Character and Fitness Investigations Violate the ADA and Create Dangerous Lawyers, Michelina Lucia
Tribute to David Stras: Under the Microscope Tribute, Ryan W. Scott
Truth, Lies, and Power at Work, Cynthia Estlund
Turning Gaming Dollars Into Non-Gaming Revenue: Hedging For The Seventh Generation, Shane Plumer
Volume 38 Issue 1 Table of Contents
Volume 38 Issue 2 Table of Contents
What We Did Not Know About Judicial Review: On Keith Whittington’s Repugnant Laws, Leslie F. Goldstein
When Too Little Is Too Much: Why the Supreme Court Should Either Explain Its Opinions or Keep Them to Itself, Jonah J. Horwitz
Who Owns Bitcoin? Private Law Facing the Blockchain, Matthias Lehmann
Why Police Should Protect Complainant Autonomy, Randall K. Johnson