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Minnesota Law Review

In January 1917, Professor Henry J. Fletcher launched the Minnesota Law Review with lofty aspirations: “A well-conducted law review . . . ought to do something to develop the spirit of statesmanship as distinguished from a dry professionalism. It ought at the same time contribute a little something to the systematic growth of the whole law.” For the next forty years, in conjunction with the Minnesota State Bar Association, the faculty of the University of Minnesota Law School directed the work of student editors of the Law Review. Despite their initial oversight and vision, however, the faculty gradually handed the editorial mantle over to law students.

During 1954 and 1955, the “faculty” editors left the masthead of the journal, affiliation with the State Bar was severed, and the faculty Editor-in-Chief quietly assumed the role of “advisor.” From April 1955 through June 1989, a student President oversaw the publication. Then, in October of 1989, the student staff revived the role of Editor-in-Chief, a title now worn by a student. Today, the Board of Editors, consisting of up to thirty-nine editors, governs the Law Review and determines its policies and procedures. Along with thirty-eight student staff members, each Board of Editors strives to rise to the challenge of Professor Fletcher to “contribute a little something to the systematic growth of the whole law.”

Submissions from 2021 2021

Random Selection for Scaling Standards, Michael Abramowicz

Voting is a Universal Language: Ensuring the Franchise for the Growing Language Minority Community in Minnesota, by Terry Ao Minnis here., Terry Ao Minnis

Law Enforcement’s Lochner, by Miriam H. Baer here., Miriam H. Baer

The Paradox of Exclusive State-Court Jurisdiction Over Federal Claims, Thomas B. Bennett

Judicial Populism,, Anya Bernstein and Glen Staszewski

On Sacred Land, by Khaled A. Beydoun here., Khaled A. Beydoun

The Law School as a White Space,, Bennett Capers

Somebody’s Tracking Me: Applying Use Restrictions to Facial Recognition Tracking, by Matthew E. Cavanaugh here., Matthew E. Cavanaugh

Catalyzing Privacy Law, by Anupam Chander, Margot E. Kaminski, and William McGeveran here., Anupam Chander, Margot E. Kaminski, and William McGeveran

Copycat Cosmetics: The Beauty Industry and the Bounds of the American Intellectual Property System,, Marra M. Clay

Disability Admin: The Invisible Costs of Being Disabled, by Elizabeth F. Emens here., Elizabeth F. Emens

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

Facial Recognition and the Fourth Amendment, Andrew Guthrie Ferguson

Using Community Benefits to Bridge the Divide Between Minnesota’s Nonprofit Hospitals and Their Communities, by Meredith Gingold here., Meredith Gingold

Stealing (Identity) From the Poor,, Sara S. Greene

How a New Standard of Care Can Make Social Media Companies Better “Good Samaritans”, Jenna Hensel

Remembrance of and Tribute to Walter F. Mondale,, Garry W. Jenkins

Imagining the Progressive Prosecutor, Benjamin Levin

The APA and the Assault on Deference,, Ronald M. Levin

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

LIBOR: The World’s Most Important Headache, Alec Foote Mitchell

Suing the Aiders and Abettors of Torture: Reviving the Torture Victim Protection Act, by Ryan Plasencia here., Ryan Plasencia

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

Distributional Arguments, in Reverse, by Alex Raskolnivoc here., Alex Raskolnivoc

Presidential Law, Shalev Roisman

4°C,, J.B. Ruhl and Robin Kundis Craig

Moving Beyond Reflexive Chevron Deference: A Way Forward for Asylum Seekers Basing Claims on Membership in a Particular Social Group, Seiko Shastri

You Don’t Have a Home to Go to but You Can Stay Here: A Bill of Rights for Unhoused Minnesotans,, Daniel P. Suitor

Subverting Title IX, by Emily Suski here., Emily Suski

Symposium Foreword: Glass Ceilings, Glass Walls: Intersections in Legal Gender Equality and Voting Rights One Hundred Years After the Nineteenth Amendment, by Jessica Szuminski here., Jessica Szuminski

Reclaiming the Long History of the “Irrelevant” Nineteenth Amendment for Gender Equality, by Tracy Thomas here., Tracy Thomas

The Nineteenth Amendment as a Generative Tool for Defeating LGBT Religious Exemptions, by Kyle C. Velte here., Kyle C. Velte

Utility-Expanding Fair Use, by Jacob Victor here., Jacob Victor

Whose Data Anyway? The Inconsistent and Prejudicial Application of Ascertainability in Data Privacy Class Actions, by Nathan Webster here., Nathan Webster

Equalizing Parental Leave, by Deborah A. Widiss here., Deborah A. Widiss

Proving Discrimination by the Text, Deborah A. Widiss

Reengineering Financial Market Infrastructure, by David A. Wishnick here., David A. Wishnick

The Hidden Rules of a Modest Antitrust, by Ramsi A. Woodcock here., Ramsi A. Woodcock

Submissions from 2020 2020

Organizational Justice and Antidiscrimination, Bradley A. Areheart

Competing Competitions: Anticompetitive Conduct by Publisher-Controlled Esports Leagues Notes, Michael Arin

Board Compliance, John Armour Min, Geeyoung; Brandon Garrett; and Jeffrey Gordon

The Advent of Effortless Expression: An Examination of the Copyrightability of BCI-Encoded Brain Signals Note, Jonathan Baker

Prisoners of Politics: Breaking the Cycle of Mass Incarceration The 2019 Minnesota Law Review Symposium - Mass Incarceration: Transcript: Minnesota Law Review Symposium Keynote November 18, 2019, Rachel E. Barkow

Space: The Final next Frontier Note, Bonny Birkeland

Dealing with Mass Incarceration The 2019 Minnesota Law Review Symposium - Mass Incarceration, Alfred Blumstein

Ways of Price Making and the Challenge of Market Governance in U.S. Energy Law, William Boyd

Evidentiary Irony and the Incomplete Rule of Completeness: A Proposal to Amend Federal Rule of Evidence 106, Daniel J. Capra Richter, Liesa L.

A Blueprint for States to Solve the Mandatory Arbitration Problem While Avoiding FAA Preemption Note, Sam Cleveland

Transactional Scripts in Contract Stacks, Shaanan Cohney Hoffman, David A.

Rethinking the Conflicts Revolution in Personal Jurisdiction, Jesse M. Cross

The Supreme Court as a Tool of Foreign Policy?: Why a Proposed Flexible Framework of Established Judicial Doctrine Better Satisfies Foreign Policy Concerns in Alien Tort Statute Litigation Notes, Lucas Curtis

The Public Use of Reparations: How Land-Based Reparations Can Satisfy the Public Use Requirement of the Takings Clause Note, Jack Davis

Parental Autonomy over Prenatal End-of-Life Decisions, Greer Donley

The Categorical Imperative as a Decarceral Agenda The 2019 Minnesota Law Review Symposium - Mass Incarceration: Essay, Jessica M. Eaglin

'Wreaking Extraordinary Destruction': Defendant's Irreplaceability as Presumptively Reasonable Grounds for Downward Departure in Sentencing Note, Jackie Fielding

Standing up to Bad Patents: Allowing Non-Infringing Direct Competitors to Satisfy the Article III Standing Requirements Appealing an Adverse Inter Partes Review Decision to the Federal Circuit Note, Ryan Fitzgerald

Can Sentencing Guidelines Commissions Help States Substantially Reduce Mass Incarceration? The 2019 Minnesota Law Review Symposium - Mass Incarceration, Richard S. Frase

The Progressivity Ratchet, Ari Glogower and David Kamin

Deal Insurance: Representation and Warranty Insurance in Mergers and Acquisitions, Sean J. Griffith

The Fourth Amendment Implications of 'U.S. Imitation Judges', Mary Holper

The Arbitration Rules: Procedural Rulemaking by Arbitration Providers, David Horton

Eligible Subject Matter at the Patent Office: An Empirical Study of the Influence of Alice on Patent Examiners and Patent Applicants, Jay P. Kesan Wang, Runhua

Core Criminal Procedure, Steven Arrigg Koh

Unraveling the Tax Treaty, Rebecca M. Kysar

Restoring ALJ Independence, Richard E. Levy Glicksman, Robert L.

No Privilege to Pollute: Expanding the Crime-Fraud Exception to the Attorney-Client Privilege, Tom Lininger

Uncorporate Insider Trading, Peter Molk

Private Law Alternatives to the Individual Mandate, Wendy Netter Epstein

Minnesota's Digital Divide: How Minnesota Can Replicate the Rural Electrification Act to Deliver Rural Broadband Note, Abby Oakland

Fighting for Attention: Democracy, Free Speech, and the Marketplace of Ideas, G. Michael Parsons

Jumping Hurdles to Sue the Police, Sunita Patel

Why the Policy Failures of Mass Incarceration Are Really Political Failures The 2019 Minnesota Law Review Symposium - Mass Incarceration, John F. Pfaff

The Critical Need for State Regulation of Assisted Living Facilities: Defining "Critical Incidents," Implementing Staff Training, and Requiring Disclosure of Facility Data Note, Lexi Pitz

Prison-Release Reform and American Decarceration The 2019 Minnesota Law Review Symposium - Mass Incarceration, Kevin R. Reitz

Contracting Our Way to Inequality: Race, Reproductive Freedom, and the Quest for the Perfect Child, Camille Gear Rich

The New Law of Gender Nonconformity, Naomi Schoenbaum

Religious Antiliberalism and the First Amendment, Richard Schragger and Micah Schwartzman

Soft Law as Governing Law, Steven L. Schwarcz

A [Relational] Theory of Procedure, Justin Sevier

Behind the Binary Bars: A Critique of Prison Placement Policies for Transgender, Non-Binary, and Gender Non-Conforming Prisoners Note, Jessica Szuminski

Mass Incarceration as a Chronic Condition: Diagnosis, Prognosis, and Treatment The 2019 Minnesota Law Review Symposium - Mass Incarceration: Foreword, Sarah Trautman

Zimring on Mass Incarceration: Empirical Pessimism and Cautious Reformist Optimism The 2019 Minnesota Law Review Symposium - Mass Incarceration, Robert Weisberg

Fun with Reverse Ejusdem Generis, Jay Wexler

Siting Natural Gas Pipelines Post-PennEast: The New Power of State-Held Conservation Easements Note, Zach Wright

Frank Zimring Responds The 2019 Minnesota Law Review Symposium - Mass Incarceration: Essay, Franklin Zimring

Submissions from 2019 2019

Community in Property: Lessons from Tiny Homes Villages, Lisa T. Alexander

Regime Congruence: Rethinking the Scope of State Responsibility for Transboundary Environmental Harm, Maria L. Banda

A Broken Theory: The Malfunction Theory of Strict Products Liability and the Need for a New Doctrine in the Field of Surgical Robotics Note, Christopher Beglinger

Public-Private Co-Enforcement Litigation, Stephanie Bornstein

Material Breach, Material Disclosure Note, Tash Bottum

Paying for Gun Violence, Samuel D. Brunson

Graffiti, Speech, and Crime, Jenny E. Carroll

Environmental Standards, Thresholds, and the Next Battleground of Climate Change Regulations, Kimberly M. Castle and Richard L. Revesz

Improving Consumer Protection: Lessons from the 2008 Recession, Martha Coakley and Alicia Daniel

Moral Restorative Justice: A Political Genealogy of Activism and Neoliberalism in the United States, Amy J. Cohen

Energy and Eminent Domain, James W. Coleman and Alexandra B. Klass

Sanctuary Networks, Rose Cuison Villazor and Pratheepan Gulasekaram

Regulation in Transition, Bethany A. Davis Noll and Richard L. Revesz

Testing Periods and Outcome Determination in Criminal Cases, Fiona Doherty

Venerunt, Viderunt, Vicerunt Venue: How Tc Heartland and in Re Cray Have Conquered Patent Venue for Corporate Defendants and How Congress Can Balance the Scales of Patent Venue Justice, Peter Estall

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