Content Posted in 2022
2.1 Mass Incarceration in the United States, Minn. L. Rev. Editorial Board
2.2 Actuarial Risk Assessment in Criminal Sentencing, Minn. L. Rev. Editorial Board
3.1 Reverse Ejusdem Generis with Professor Jay Wexler, Minn. L. Rev. Editorial Board
3.2 The New Law of Gender Nonconformity with Professor Naomi Schoenbaum, Minn. L. Rev. Editorial Board
3.3 Presidential Law with Professor Shalev Roisman, Minn. L. Rev. Editorial Board
3.4 Jumping Hurdles to Sue the Police with Professor Sunita Patel, Minn. L. Rev. Editorial Board
3.5 Equalizing Parental Leave with Professor Deborah Widiss, Minn. L. Rev. Editorial Board
3.6 On Sacred Land with Professor Khaled Beydoun, Minn. L. Rev. Editorial Board
4°C,, J.B. Ruhl and Robin Kundis Craig
A Broad View of Broadview Solar: How FERC’s Whiplash-Inducing Orders Expand the Scope of PURPA, Christopher Cerny
Accountability in the Deep State, Heidi Kitrosser
Advancing Feminist Positioning in the Field of Transitional Justice, Fionnuala Ní Aoláin
Advancing Student Achievement Through Elementary and Secondary Education Act Waivers, Justin Lam
Agency-Specific Precedents: Rational Ignorance or Deliberate Strategy, Kristin Hickman
A Helper for Patenting the “Unpredictable”: Artificial Intelligence, Shuang Liu
A History of Legal History Courses Offered in American Law Schools, Joan Howland
America's Racially Diverse Suburbs: Opportunities and Challenges, Myron Orfield and Thomas F. Luce
A Missed Opportunity: Minnesota's Failed Experiment with Choice-Based Integration, Margaret Hobday, Geneva Finn, and Myron Orfield
Anonymous Expression and "Unmasking" in Civil and Criminal Proceedings, Leeza Arbatman and John Villasenor
An Opportunity to Learn: Engaging in the Praxis of School Finance Policy and Civil Rights, Davíd G. Martínez and Julian Vasquez Heilig
Are Torture Warrants Warranted? Pragmatic Absolutism and Official Disobedience, Oren Gross
A Taking Timebomb: Loss of Access Takings as a Barrier to Managed Retreat from Sea Level Rise, Isaac Foote
Automating Judicial Discretion: How Algorithmic Risk Assessments in Pretrial Adjudications Violate Equal Protection Rights on the Basis of Race, Christopher Thomas and Antonio Pontón-Núñez
Banker Behavior and the Individualist Ethos, Claire Hill
Between Reparations and Repair: Assessing the Work of the ICC Trust Fund for Victims Under Its Assistance Mandate, Fionnuala Ní Aoláin and Anne Dutton
Between Sin and Redemption: Duty, Purpose, and Regulation in Religious Corporations, Brett McDonnell
Beyond Deliberate Indifference: Rethinking Institutional Responsibility and Title IX Liability in K-12 Education, Gabrielle Maginn
Beyond Promissory Estoppel: Contract Law and the "Invisible Handshake", Daniel A. Farber and John Matheson
Beyond the Formalism Debate: Expert Reasoning, Fuzzy Logic, and Complex Statutes, Edward Adams and Daniel Farber
Catalyzing Privacy Law, by Anupam Chander, Margot E. Kaminski, and William McGeveran here., Anupam Chander, Margot E. Kaminski, and William McGeveran
Changing the Student Loan Dischargeability Framework: How the Department of Education Can Ease the Path for Borrowers in Bankruptcy, Pamela Foohey, Aaron S. Ament, and Daniel A. Zibel
Chaos and Rules: Should Responses to Violent Crises Always Be Constitutional?, Oren Gross
Chevron’s Inevitability, Kristin Hickman and Nicholas R. Bednar
Civil Disobedience in the Face of Texas’s Abortion Ban, Alexi Pfeffer-Gillett
Combatting Climate Change Through Conservation Easements, Claire Wright
Contracting with Communities: An Analysis of the Enforceability of Community Benefits Agreements, Hannah P. Stephan
Coordinating Cross-Border Bankruptcy: How Territorialism Saves Universalism, Edward Adams and Jason Fincke
Copycat Cosmetics: The Beauty Industry and the Bounds of the American Intellectual Property System,, Marra M. Clay
Corporate Management Should All Be Feminists, Joan MacLeod Heminway
Costly Gadgets: Barriers to Market Entry and Price Competition for Generic Drug-Device Combinations in the United States, Michael S. Sinha
Courts as Auditors of Legislation?, Giampaolo Frezza, Francesco Parisi, and Daniel Pi
Custody Investigation in Divorce Cases: The New York Law Revision Commission Proposal in Perspective, Robert Levy
Cybersecurity for Idiots, Derek E. Bambauer
Dampening Financial Regulatory Cycles, Brett McDonnell
Data as Labor: Retrofitting Labor Law for the Platform Economy, Eugene K. Kim
Disability Admin: The Invisible Costs of Being Disabled, by Elizabeth F. Emens here., Elizabeth F. Emens
Distributional Arguments, in Reverse, by Alex Raskolnivoc here., Alex Raskolnivoc
Embedded Deception: How the FTC’s Recent Interpretation of the Children’s Online Privacy Protection Act Missed the Mark, by Olivia Levinson here., Olivia Levinson
Employment Discrimination Remedies and Tax Gross Ups, Gregg Polsky and Stephen Befort
Equalizing Parental Leave, by Deborah A. Widiss here., Deborah A. Widiss
Everything’s at Stake: Preserving Authority to Prevent Gun Violence in the Second Amendment’s Third Chapter, Jonathan E. Lowy, Christa Nicols, and Kelly Sampson
Excessive Sanctions & Evolving Standards of Decency: The Mitigating Nature of Sexual Trauma for Juvenile Survivors Who Murder, Ingrid Hofeldt
Expanding the U.S. Electric Transmission and Distribution Grid to Meet Deep Decarbonization Goals, Alexandra Klass
Extending Pandemic Flexibilities for Opioid Use Disorder Treatment: Authorities and Methods, Bridget C.E. Dooling and Laura Stanley
Families Now: What We Don't Know Is Hurting Us, Judith T. Younger
Family Law and Welfare Policies: The Case for "Dual Systems", Thomas P. Lewis and Robert Levy
Fifty Years of American Sentencing Reform: Nine Lessons, Michael Tonry
Fighting Orthodoxy: Challenging Critical Race Theory Bans and Supporting Critical Thinking in Schools, Joshua Gutzmann
Forty Years of American Sentencing Guidelines: What Have We Learned?, Richard Frase
Freeing Mortgages of Merger, Ann Burkhart
From Duty and Disclosure to Power and Participation in Social Enterprise, Brett McDonnell
From Mandates to Governance: Restructuring the Employment Relationship, Brett McDonnell and Matthew Bodie
GAO Report Confirms Failure of U.S. Sentencing Commissions Guidelines, Michael Tonry
His to Give; His to Receive; Hers to Trust: A Response to Carol M. Rose, Mary Louise Fellows
Interpretive Divergence, Neha Jain
Interstate Transmission Challenges for Renewable Energy: A Federalism Mismatch, Alexandra Klass and Elizabeth Wilson
Introduction to The Bremer-Kovacs Collection: Historic Documents Related to the Administrative Procedure Act of 1946 (HeinOnline 2021), Emily S. Bremer and Kathryn E. Kovacs
Is U.S. Insurance Regulation Unconstitutional?, Daniel Schwarcz
Jane the Virgin and Other Stories of Unintentional Parenthood, June Carbone and Naomi Cahn
Judicial Populism,, Anya Bernstein and Glen Staszewski
Justification Norms Under Uncertainty: A Preliminary Inquiry, Claire Hill
Land Use and Housing Policies to Reduce Concentrated Poverty and Racial Segregation, Myron Orfield
Law Enforcement’s Lochner, by Miriam H. Baer here., Miriam H. Baer
Life Cycle Analysis and Transportation Energy, Alexandra Klass and Andrew Heiring
MACDL Weighs in on the Most Consequential Pardon Case in 125 Years, JaneAnne Murray
Make No Little Plans: Response to Ted Sichelman, Purging Patent Law of Private Law Remedies, Tom Cotter
Making Sex Matter: Common Restrooms as “Intimate” Spaces?, David B. Cruz
Marriage, Divorce, and the Family: A Cautionary Tale, Judith T. Younger
Medicine and Law: Making Excellent Time But Lost, Judith T. Younger
Me, Myself, and My Digital Double: Extending Sara Greene’s Stealing (Identity) From the Poor to the Challenges of Identity Verification, Michele Estrin Gilman
My Life in Crime: An Intellectual History of the Juvenile Court, Barry Feld
Neo-Segregation in Minnesota, Myron Orfield and Will Stancil
Numerical Half Truths, Human Lies, and Other Distortions of Truth, Richard W. Painter
On Sacred Land, by Khaled A. Beydoun here., Khaled A. Beydoun
Overcoming Toxic Polarization: Lessons in Effective Bridging, john a. powell
Owning Hazard, A Tragedy, Barbara Welke
Parents, Babies, and More Parents, June Carbone and Naomi Cahn
Patent Remedies and Practical Reason, Tom Cotter
People Who Are Not Legal and Who Are Not Alive in the Eyes of the Law, Richard W. Painter
Physical Losses, Invisible Damages: Finding Coverage for Business Interruption Insurance Claims Sustained During the COVID-19 Pandemic, Mason Medeiros
Plugging Leaks and Lowering Levees in the Federal Government: Practical Solutions for Securities Trading Based on Political Intelligence, Donna M. Nagy and Richard W. Painter
Predictions of Dangerousness in Sentencing: Déjà Vu All Over Again, Michael Tonry
Premarital and Postmarital Agreements in Minnesota, Judith T. Younger and William E. Mullin
Prior Record Enhancements at Sentencing: Unsettled Justifications and Unsettling Consequences, Richard Frase, Kelly Lyn Mitchell, Rhys Hester Hester, and Julian V. Roberts
Promoting Patent Practitioner Diversity: Expanding Non-JD Pathways and Removing Barriers, Christopher M. Turoski
Proving Discrimination by the Text, Deborah A. Widiss
Public Welfare and the Role of the WTO: Reconsidering the TRIPs Agreement, Ruth Okediji
Punishing Kids in Juvenile and Criminal Court, Barry Feld
Punishment and Human Dignity: Sentencing Principles for Twenty-First-Century America, Michael Tonry
Race, Place, and Citizenship: The Influence of Segregation on Latino Educational Attainment, Stella M. Flores, Suzanne M. Lyons, Tim Carroll, and Delina Zapata
Racial Bias in Algorithmic IP, Dan L. Burk
Racial Disproportion in US Prisons, Michael Tonry
Racial Integration and Community Revitalization: Applying the Fair Housing Act to the Low Income Housing Tax Credit, Myron Orfield
Reclaiming the Long History of the “Irrelevant” Nineteenth Amendment for Gender Equality, by Tracy Thomas here., Tracy Thomas
Reconstituting the Federalism Battle in Energy Transportation, Alexandra Klass and Jim Rossi
Reengineering Financial Market Infrastructure, by David A. Wishnick here., David A. Wishnick
Regulation by Threat: Dodd-Frank and the Nonbank Problem, Daniel Schwarcz and David Zaring
Remembrance of and Tribute to Walter F. Mondale,, Garry W. Jenkins
Remote Work "Reasonable"? Why the COVID-19 Pandemic Calls for a Reinterpretation of the "Reasonable Accommodation" Standard, and How Companies Can Respond, Caroline Headrick
Repugnant Business Models: Preliminary Thoughts on a Research and Policy Agenda, Claire Hill
Restoring the Lost Anti-Injunction Act, Kristin Hickman and Gerald Kerska
Rethinking Unthinkable Punishment Policies in America, Michael Tonry
Rocking the Tax Code: A Case Study of Employment-Related Child-Care Expenditures, Mary Louise Fellows
Rule 10b-5 Meets Wagon Mound: A New Perspective on Loss Causation, Meiring de Villiers
Searching for Law in All the Wrong Places, Evan C. Zoldan
Siblings in Law, Jill Hasday
Somebody’s Tracking Me: Applying Use Restrictions to Facial Recognition Tracking, by Matthew E. Cavanaugh here., Matthew E. Cavanaugh
Sprinting a Marathon: Next Steps for Gender Equity in Criminal Law Employment, Maryam Ahranjani
Standing Up to the Treasury: Applying the Procedural Standing Analysis to Post-Mayo, Pre-Enforcement APA Treasury Challenges, by Casey N. Epstein here., Casey N. Epstein
State Sentencing Guidelines: Still Going Strong, Richard Frase
Stealing (Identity) From the Poor,, Sara S. Greene
Strategies for the Selection and Pursuit of International Human Rights Objectives, David Weissbrodt
Strategies of Public UDAP Enforcement, Prentiss Cox, Mark Totten, and Amy Widman
Strengthening Boards Through Diversity: A Two-Sided Market That Can Be Effectively Serviced By Intermediaries, Akshaya Kamalnath
Subverting Title IX, by Emily Suski here., Emily Suski
Suing the Aiders and Abettors of Torture: Reviving the Torture Victim Protection Act, by Ryan Plasencia here., Ryan Plasencia
Taxing Manufactured Homes, Ann Burkhart
Tax, Spend, and Prevent Discrimination: Why Title IX’s Passage Under the Spending Clause Holds the Answer to a Quarter-Century Long Circuit Split,, Miriam Pysno Solomon
Temptations of the Sirens: Ethical Issues in Libraries, Herbert Cihak and Joan Howland
The Antitrust State-Action Doctrine After Fisher v. Berkeley, Daniel Gifford
The APA and the Assault on Deference,, Ronald M. Levin
The Banality of Law Journal Rejections, Noah C. Chauvin
The ‘Burbs and the Bees: Race, Class, and RPBB Policy in Minnesota, Julia Brokaw, Hudson B. Kingston, and Jordan Hughes
The Decision to File Federal Criminal Charges: A Quantitative Study of Prosecutorial Discretion, Richard Frase
The Declining Fortunes of American Workers: Six Dimensions and an Agenda for Reform, Stephen Befort
The Dodd-Frank Extraterritorial Jurisdiction Provision: Was It Effective, Needed or Sufficient?, Richard W. Painter
The Easy Case for Derivatives Use: Advocating a Corporate Fiduciary Duty to Use Derivatives, Edward Adams and David E. Runkle
The Federal Arbitration Act, Rules of Decision, and Congress’ Exercise of Judicial Power, Anthony J. Meyer
The Grass Is Not Always Greener: Congressional Dysfunction, Executive Action, and Climate Change in Comparative Perspective, Hari Osofsky and Jacqueline Peel
The Hidden Rules of a Modest Antitrust, by Ramsi A. Woodcock here., Ramsi A. Woodcock
The Instrumental Case for Corporate Diversity, Naomi Cahn, June Carbone, and Nancy Levit
The International Intellectual Property Roots of Geographical Indications, Ruth Okediji
The Law School as a White Space,, Bennett Capers
The Myth of the Magic Circle: Rejecting a Single Governance Model, Trey Hickman and Kristin Hickman
The New Way of War: Is There a Duty to Use Drones?, Oren Gross
The Nineteenth Amendment as a Generative Tool for Defeating LGBT Religious Exemptions, by Kyle C. Velte here., Kyle C. Velte
The Process of Balancing, Oren Gross
The Promise and Failure of Silence as a Shield Against Immigration Enforcement, Linus Chan
The Regulation of Creativity under the WIPO Internet Treaties, Ruth Okediji
The Regulatory Void of Contingent Work, Stephen F. Befort
The Role of International Organizations in the Implementation of Human Rights and Humanitarian Law in Situations of Armed Conflict, David Weissbrodt
Through the Years: The Supreme Court and the Copyright Clause, Ruth Okediji
To Be, Or Not To Be, Will Long COVID Be Reasonably Accommodated Is the Question, Angélica Guevara
To Repudiate or Merely Curtail? Justice Gorsuch and Chevron Deference, Kristin Hickman
Towards a Coherent and Workable Antitrust Policy on Vertical Restraints, Daniel Gifford and Robert T. Kudrle
Understanding Insurance Antidiscrimination Laws, Ronen Avraham, Kyle D. Logue, and Daniel Schwarcz
Understanding “Sanctuary Cities”, Linus Chan, Juliet P. Stumpf, Christopher N. Lasch, and Ingrid V. Eagly
Unpacking the Force of Law, Kristin Hickman
Using Community Benefits to Bridge the Divide Between Minnesota’s Nonprofit Hospitals and Their Communities, by Meredith Gingold here., Meredith Gingold
Utility-Expanding Fair Use, by Jacob Victor here., Jacob Victor
Voigt Deference: Deferring to a State Agency’s Interpretation of a Federal Regulation, Justin W. Aimonetti
Volume 23, Issue 2 Masthead and Front Matter, Ben Cooper
Voluntarism Triumphant: Forbath on Law and Labor, Carol Chomsky
Voting is a Universal Language: Ensuring the Franchise for the Growing Language Minority Community in Minnesota, by Terry Ao Minnis here., Terry Ao Minnis
What the Baby M Case Is Really All About, Judith T. Younger
Who's Afraid of Good Governance? State Fiscal Crises, Public Pension Underfunding, and the Resistance to Governance Reform, Thomas Fitzpatrick and Amy B. Monahan
Whose America?, Judith T. Younger
Whose Data Anyway? The Inconsistent and Prejudicial Application of Ascertainability in Data Privacy Class Actions, by Nathan Webster here., Nathan Webster
Why Limits on Contributions to Super Pacs Should Survive Citizens United, Richard W. Painter, Norman L. Eisen, Albert W. Alschuler, and Laurence H. Tribe
Why Minnesota Will Weather Blakely's Blast, Dale G. Parent and Richard Frase
WIPO-WTO Relations and the Future of Global Intellectual Property Norms, Ruth Okediji
You Don’t Have a Home to Go to but You Can Stay Here: A Bill of Rights for Unhoused Minnesotans,, Daniel P. Suitor
