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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 1999 1999

How Charitable Is the Sherman Act, Tara Norgard

Fighting Corporate Pigs: Citizen Action and Feedlot Regulation in Minnesota, Trevor Oliver

Nixon Now: The Courts and the Presidency after Twenty-five Years, Michael Stokes Paulsen

The Twice and Future President: Constitutional Interstices and the Twenty-Second Amendment, Bruce G. Peabody and Scott E. Gant

A Critical Comment on the Constitutionality of Excutive Privilege, Saikrishna Bangalore Prakash

Partial-Birth Infanticide: An Alternative Legal and Medical Route to Banning Partial-Birth Procedures, Jill R. Radloff

A Response to Professor Johnsen, Mark J. Rozell

Executive Privilege and the Modern Presidents: In Nixon's Shadow, Mark J. Rozell

The Federal Juvenile Delinquency Act: A Disparate Impact on Native American Juveniles, Amy J. Standefer

ACLU v. Black Horse Pike Regional Board of Education: The Black Sheep of Graudation Prayer Cases, Ann E. Stockman

Who's the Boss: Charge Nurses and Independent Judgement after National Labor Relations Board v. Health Care &(and) Retirement Corporation of American, R.Jason Straight

Filters and the First Amendment, R.Polk Wagner

Default Rules from Mandatory Rules: Privatizing Law through Arbitration, Stephen J. Ware

The First Claim: The Burr Trial, United States v. Niwon, and Presidetial Power, John C. Yoo

Submissions from 1998 1998

The Selected Cases of Myron H. Bright: Thirty Years of His Jurisprudence, JoLee Adamich, Nick Chase, Jennifer Nestle, and Evan Rice

The In Pursuit of Excellence--A History of the University of Minnesota Law School, Part VII--The Stein Years--A Time of Advancement and Prosperity Stein Years--A Time of Advancement and Prosperity, Edward S. Adams

Tribute to the Honorable Myron H. Bright, John Attanasio

Physician-Assisted Suicide in the Courts: Moral Equivalence, Double Effect, and Clinical Practice, Howard Brody

Disorder in the Court: Physician-Assisted Suicide and the Constitution, Robert A. Burt

An American Original, Ronald L. Carlson

The New Gender Panic: Reflections on Sex Scandals and the Military, Martha Chamallas

Professional Secrecy and Its Exceptions: Spaulding v. Zimmerman Revisited, Roger C. Cramton and Lori P. Knowles

The Future of Euthanasia and Physician-Assisted Suicide: Beyond Rights Talk to Informed Public Policy, Ezekiel J. Emanuel

The Legacy of Reserve Mining, Daniel A. Farber

Animus and Moral Disapproval: A Comment on Romer v. Evans, Barbara J. Flagg

Qui Tam Suits: Defining the Rights and Roles of the Government and the Relator under the False Claims Act, Gretchen L. Forney

Public School Access: The Constitutional Right of Home-Schoolers to Opt In to Public Education on a Part-Time Basis, David W. Fuller

Why Student-Run Law Reviews, James W. Harper

A Tribute to Judge Myron H. Bright, Gerald W. Heaney

Balancing Species Protection with Tribal Sovereignty: What Does the Tribal Rights-Endangered Species Order Accomplish, Carl H. Johnson

ERISA Doctor in the House--The Duty to Disclose Physician Incentives to Limit Health Care, Ryan Steven Johnson

On the Meaning and Impact of the Physician-Assisted Suicide Cases, Yale Kamisar

Did the Federal Check-the-Box Regulations Open up at State Tax Pandora's Box--A Reflection on State Conformity to the New Federal Classification Scheme of Single-Member LLCs, Pomy Ketema

Empowering and Protecting Patients: Lessons for Physician-Assisted Suicide from the African-American Experience, Patricia A. King and Leslie E. Wolf

Implied Wavier after Seminole Tribe, Kit Kinports

Constitutional Flares: On Judges, Legislatures, and Dialogue, Ronald J. Krotoszynski Jr.

Birth and Death: Doctor Control vs. Patient Choice, Sylvia A. Law

Judge Myron Bright, Donald P. Lay

Tied Up by a Gordian Knot: United States v. Gecas's Rejection of the Privilege against Self-Incrimination in Cases of Foreign Prosecution, Daniel J. Lindsay

Piercing the Shield: Reporter Privilege in Minnesota Following State v. Turner, Nancy V. Mate

Clio at the Bar: A Guide to Historical Method for Legists and Jurists, Buckner F. Melton Jr.

Would the Real Scienter Please Stand Up: The Effect of the Private Securities Litigation Reform Act of 1995 on Pleading Securities Fraud, Ryan G. Miest

Playing Noah, John Copeland Nagle

Fencing Cyberspace: Drawing Borders in a Virtual World, Maureen A. O'Rourke

Dead Man Talking: A New Approach to the Post-Modern Attorney-Client Privilege, Erich S. Ottoson

Who Owns the Government's Attorney-Client Privilege, Michael Stokes Paulsen

A Tribute to Myron H. Bright, William H. Rehnquist

The Several Futures of Property: Of Cyberspace and Folk Tales, Emission Trades and Ecosystems, Carol M. Rose

One Child, One Vote: Proxies for Parents, Jane Rutherford

Legal Ethics in Decline: The Elite Law Firm, the Elite Law School, and the Moral Formation of the Novice Attorney, Patrick J. Schiltz

Does the ADA Make Exceptions in a Unionized Workplace--The Conflict between the Reassignment Provision of the ADA and Collectively Bargained Seniority Systems, Estella J. Schoen

The True Story, Lana Schultz

Bright Judging: An Iron Range Legacy, E.Thomas Sullivan

Redefining Community Standards in Light of the Geographic Limitlessness of the Internet: A Critique of United States v. Thomas, Erik G. Swenson

A Learning Experience: Discovering the Balance between Fees-Funded Public Fora and Compelled-Speech Rights at American Universities, Kari Thoe

The Death with Dignity Movement: Protecting Rights and Expanding Options after Glucksberg and Quill, Kathryn L. Tucker

Strict in Theory, but Not Fatal in Fact: Hunter v. Regents of the University of California and the Case for Educational Research as a New Compelling State Interest, Jason Walbourn

Balancing, Press Immunity, and the Compatibility of Tort Law with the First Amendment, Mark Weidemaier

The ADA's Abrogation of Eleventh Amendment State Immunity as a Valid Exercise of Congress's Power to Enforce the Fourteenth Amendment, Elizabeth Welter

Foreword: Facing Death, Susan M. Wolf

Pragmatism in the Face of Death: The Role of Facts in the Assisted Suicide Debate, Susan M. Wolf

Submissions from 1997 1997

A Wrong Still in Search of a Remedy: Educational Adequacy after Sheff v. O'Neill, Tom Beimers

The Rise of Sublocal Structures in Urban Governance, Richard Briffault

Judge Gerald W. Heaney: A True Sone of the Soil, Myron H. Bright

Jury Nullification within the Rule of Law, Darryl K. Brown

Run, Kick, and (Im)passe: Expanding Employers' Ability to Unilaterally Impose Conditions of Employment after Impasse in Brown v. Pro Football, Steven D. Buchholz

Random Notes of an Integration Warrior, John O. Calmore

Foreword--Fiburn's Forgotten Footnote--Of Farm Team Federalism and Its Fate, Jim Chen

Alternative Dispute Resolution--Conflict as Pathology: An Essay for Trina Grillo, Richard Delgado

Judge Gerald W. Heaney: A Multi-Generational Mentor, Joseph T. Dixon Jr. and Joseph T. Dixon III

The Equal Protection Clause and the Legislative Redistricting Cases-Some Notes Concerning the Standing of White Plaintiffs, David R. Dow

Is the Supreme Court Irrelevant--Reflections on the Judicial Role in Environmental Law, Daniel A. Farber

Return of the Fourth Horseman: Emerging Infectious Diseases and International Law, David P. Fidler

Antitrust Victims without Antitrust Remedies: The Narrowing of Standing in Private Antitrust Actions, C.Douglas Floyd

Judge, Jury and Executioner: INS Summary-Exclusion Power under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Dulce Foster

SmileCare v. Delta Dental: Aberration or Signpost for the Future of Antitrust Enforcement in the Supplemental Insurance Industry, Elizabeth J. Fowler

Christians v. Crystal Evangelical Free Church: Interpreting RFRA in the Battle Among God, the Government, and the Bankruptcy Code, Susan D. Franck

Judge Gerald W. Heaney: An Introspection from the Perspective of a Fourteen-Pound Walleye, Michael O. Freeman, Patrick C. Diamond, and Wally the Walleye

Valuing Federalism, Barry Friedman

Business Incentives, Interstate Competition, and the Commerce Clause, Clayton P. Gillette

Colorado Republican Federal Campaign Committee v. Federal Election Commission: A Court Divided--One Opinion Properly Subjects Campaign Finance Jurisprudence to a Reality Check, Lisa Gordon

Jumping on the Ban Wagon: Minetos v. City University of New York and the Future of the Peremptory Challenge, Patricia J. Griffin

Our Mother's Spirit--In Eternal Loving Memory of Trina Grillo, Jeffrey Grillo and Luisa Grillo-Chope

Judge Gerald W. Heaney: Friend, Colleague, and Community Leader, Gene W. Halverson

Commerce Clause Restraints on State Tax Incentives, Walter Hellerstein

On the Law of Biodiversity and Ecosystem Management, Oliver A. Houck

Making the Hallways Safe: Using Title IX to Combat Peer Sexual Harassment, Gregory E. Karpenko

A Tribute to My Friend and Colleague: Judge Gerald W. Heaney, Donald P. Lay

Wiping the Slate Clean: Expunging Records of Disability-Caused Misconduct as a Reasonable Accommodation of the Alcoholic Employee under the ADA, Gloria Y. Lee

The Economics of Innovation: Protecting Unpatentable Goods, Douglas Gary Lichtman

Telecommuting and the Americans with Disabilities Act: Is Working at Home a Reasonable Accomodation, Kristen M. Ludgate

Unmasking Undue Influence, Ray D. Madoff

What Trina Taught Me: Reflections on Mediation, Inequality, Teaching and Life, Carrie Menkel-Meadow

Congressional Inquests: Suffocating the Constitutional Preogative of Executive Privilege, Randall K. Miller

Federalism and Choice of Law in the Regulation of Legal Ethics, H.Geoffrey Moulton Jr.

Getting Away from the Federal Paradigm: Separation of Powers in State Courts, Ellen A. Peters

Putting the Use Back in Metropolitan Land-Use Planning: Private Enforcement of Urban Sprawl Control Laws, James Poradek

The Multiple Self: Exploring between and beyond Modernity and Postmodernity, John A. Powell

Brzonkala v. Virginia Polytechnic and State University: Violence against Women, Commerce, and the Fourteenth Amendment--Defining Constitutional Limits, Chris A. Rauschl

The Race to the Bottom and Federal Environmental Regulation: A Response to Critics, Richard L. Revesz

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