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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 1997 1997

The Road to Retirement--Paved with Good Intentions but Dotted with Potholes of Untold Liability: Erisa Section 510, Mixed Motives and Title VII, Christina A. Smith

Multiracialism: A Bibliographic Essay and Critique in Memory of Trina Grillo, Jean Stefancic

Trina Grillo--A Passionate Advocate for Justice, Robert A. Stein

Chemical Castration and the Right to Generate Ideas: Does the First Amendment Protect the Fantasies of Convicted Pedophiles, G.L. Stelzer

The Heaney Jurisprudence: Judicial Valor and Civic Responsibility, E.Thomas Sullivan

Judge Gerald W. Heaney: An Admired and Respected Jurist, Mentor, and Friend, Laura S. Underkuffler-Freund

United States v. O'Hagan: Improperly Incorporating Common Law Fiduciary Obligations into 14(e) of the Securties Exchange Act, Michael J. Voves

The Theory and Practice of Being Trina: A Remembrance of Trina Grillo, Catharine Wells

Democratic Community and Privilege: The Mandate for Inclusive Education, Stephanie M. Wildman

State v. Krotzer: Inherent Judicial Authority--Going Where No Court Has Gone Before, Mark H. Zitzewitz

Submissions from 1996 1996

Don't Tip the Scales! The Actual Malice Standard Unjustifiably Eliminates First Amendment Protection for Public Employees' Recklessly False Statements, Lesile S. Blickenstaff

Keeping Children Out of Double Jeopardy: An Assessment of Punishment and Megan's Law in Doe v. Poritz, Kirsten R. Bredlie

The 4 R's of Drug Testing in Public Schools: Random Is Reasonable and Rights Are Reduced, John J. Bursch

The Last Picture Show (On the Twilight of Federal Mass Communications Regulation), Jim Chen

Beyond Brown v. Board of Education: Housing and Education in the Year 2000, Kenneth B. Clark

Copying in the Shadow of the Constitution: The Rational Limits of Trade Dress Protection, Theodore H. Davis Jr.

Preferential Treatment or Discriminatory Standards: Do Employer-provided Insurance Plans Violate Title VII When They Exclude Treatment for Breast Cancer, Laurie Dechery

The Persistence of Segregation: Links between Residential Segregation and School Segregation, Nancy A. Denton

Domesticating Federal Indian Law, Philip P. Frickey

Might Does Not Make Right: The Call for Reform of the Federal Government's D'Oench, Duhme and 12 U.S.C. 1823(e) Superpowers in Failed Bank Litigation, Fred Galves

Departures under the Federal Sentencing Guidelines: An Empirical and Jurisprudential Analysis, Michael S. Gelacak, Ilene H. Nagel, and Barry L. Johnson

Hilton Davis Chemical Co. v. Warner-Jenkinson Co.: An Equitable Solution to the Uncertainty behind the Doctrine of Equivalents, Joseph F. Haag

Walking the Constitutional Tightrope: Balancing Title VII Hostile Environment Sexual Harassment Claims with Free Speech Defenses, David M. Jaffe

Taming the Electronic Frontier: Software Copyright Protection in the Wake of United States v. LaMacchia, Teddy C. Kim

Valuable in Life, Valuable in Death, Why Not Valuable When Severely Injured--The Need to Recognize a Parent's Loss of a Child's Consortium in Minnesota, Scott Korzenowski

Taking Back the Giveaways: Minnesota's Corporate Welfare Legislation and the Search for Accountability, Michael H. LaFave

Continuity and Change in the Threat to Religious Liberty: The Reformation Era and the Late Twentieth Century, Douglas Laycock

Race and Self-Defense: Toward a Normative Conception of Reasonableness, Cynthia Kwei Yung Lee Jr.

Footnote 55: Closing the Bisexual Defense Loophole in Title VII Sexual Harassment Cases, Sandra Levitsky

Disqualifications of Supreme Court Justices: The Certiorari Conundrum, Steven Lubet

Dilemma of Disparity: Appyling the Federal Setencing Guidelines to Downward Departures Based on HIV Infection, James C. MacGillis

Scondhand Codes: An Analysis of the Constitutionality of Dress Code in the Public Schools, Wendy Mahling

Regulating the Trade in Bear Parts for Use in Asian Traditional Medicine, William Carroll Muffett

Metropolitan School Desegregation: Impacts on Metropolitan Society, Gary Orfield

Does the Bible Preempt Contract Law: A Critical Examination of Judicial Reluctance to Adjudicate a Cleric's Breach of Employment Contract Claim against a Religious Organization, David J. Overstreet

In Pursuit of a Dream Deferred: Linking Housing and Education: Foreword, Deval Patrick

Living and Learning: Linking Housing and Education, John A. Powell

Government Subsidies and Free Expression, Martin H. Redish and Daryl I. Kessler

Loosening ERISA's Preemptive Grip on HMO Medical Malpractice Claims: A Response to PacifiCare of Oklahoma v. Burrage, Seema R. Shah

Equality and Educational Exellence: Legal Challenges in the 1990s, Theodore M. Shaw

Unfunded Environmental Mandates and the New (New) Federalism: Devolution, Revolution, or Reform, Rena I. Steinzor

To Be or Not To Be--The Actual Innocence Exception in Noncapital Sentencing Cases, James J. Sticha

The Hardest Question in Constitutional Law, Mark V. Tushnet

A Critique of Torcasio v. Murray and the Use of the Clear Statement Rule to Interpret the Americans with Disabilities Act, Laura E. Walvoord

Contractarians, Community, and the Tort of Interference with Contract, William J. Woodward Jr.

Submissions from 1995 1995

When Judicial Flexibility becomes Abuse of Discretion: Eliminating the Good Cause Exception in Indian Child Welfare Act Adoptive Placements, Erik W. Aamot-Snapp

Managing the Paper Trail: Evaluating and Reforming the Article 9 Filing System: Foreword, Edward S. Adams

A Revised Filing System: Recommendations and Innovations, Edward S. Adams, Steve H. Nickles, Susan Sande, and William R. Shiefelbein

Abolish the Article 9 Filing System, Peter A. Alces

Requiring Unwanted Habeas Corpus Petitions to State Supreme Courts for Exhaustion Purposes: Too Exhausting, Matthew L. Anderson

Some Comments on Bowers, John D. Ayer

Bankruptcy Taxes and Other Filing Facts: A Commentary on Professor Bowers, Carl S. Bjerre

Health Policy Below the Waterline: Medical Care and the Charitable Exemption, M.Gregg Bloche

Of Bureaucrats' Brothers-in-Law and Bankruptcy Taxes: Article 9 Filing Systems and the Market for Information, James W. Bowers

Doe v. Karadzic: Redressing Non-State Acts of Gender-Specific Abuse under the Alien Tort Statute, Michele Brandt

Towards a Rational Jurisprudence of Computer-Related Patentability in Light of In re Alappat, John A. Burtis

Remembering Repose: Voluntary Contamination Cleanup Approvals, Incentives, and the Costs of Interminable Liability, William W. Buzbee

Civil Forfeiture Hits Home: A Critical Analysis of United States v. Lot 5, Fox Grove, Alejandro Caffarelli

Debt Collection as Rent Seeking, David Gray Carlson

Coerced Waiver of the Attorney-Client Privilege for Opinions of Counsel in Patent Litigation, John Dragseth

One Judge's View of the Uniform Commercial Code in Bankruptcy Court: Why It Doesn't Work the Way You Thought It Would, Nancy C. Dreher

Violent Youth and Public Policy: A Case Study of Juvenile Justice Law Reform, Barry C. Feld

You're Sick--You're Fired--The Case for Eliminating COBRA's Gross Misconduct Exception, Nora Fitzgerald

State Discretion in Funding Own Transplants under the Medicaid Program: Interpretive Guidelines in Determining the Scope of Mandated Coverage, C.David Flower

Comments on a Revised Filing System, R.Wilson Freyermuth

One Big, Happy Family--In Search of a More Reasoned Approach to Grandparent Visitaion in Minnesota, Catherine M. Gillman

Choosing the Law Governing Perfection: The Data and Politics of Article 9 Filing, Steven L. Harris and Charles W. Mooney Jr.

A Square Meaning for a Round Phrase: Applying the Career Offender Provision's Crime of Violence to the Diminished Capacity Provision of the Federal Sentencing Guidelines, John A. Henderson

United States v. Muschik: An Administrative Law Critique of the Federal Sentencing Guidelines' Ability to Overried Judicial Statutory Interpretations, John P. Jurden

Assessing the Application of McDonnell Douglas to Employment Discrimination Claims Brought under the Americans with Disabilities Act, Lianne C. Knych

In Response to Fair Employment Council of Greater Washington, Inc. v. BMC Marketing Corp.: Employment Testers Do Have a Leg to Stand On, Jonathan Levy

Ratcheting Up Federalism: A Supremacy Clause Analysis of NAFTA and the Uruguay Round Agreements, Julie Long

Why the Debtor's State of Incorporation Should Be the Proper Place for Article 9 Filing: A System Analysis, Lynn M. LoPucki

Bring in the Lawyers: Challenging the Dominant Approaches to Ensuring Fairness in Divorce Mediation, Craig A. McEwen, Nancy H. Rogers, and Richard J. Maiman

The Future of Uniform State Legislation in the Private Law Area, Fred H. Miller

What Ever Happened to Children's Rights, Martha Minow

A Tribute to Dean Robert A. Stein: Former Dean of the University of Minnesota Law School, Fred L. Morrison

Chinese Characteristics in Corporate Clothing: Questions of Fiduciary Duty in China's Company Law, Michael Irl Nikkel

Opening Comments on Electronic Commercial Filings and the National Information Infrastructure, Vance K. Opperman

The Article 9 Filing System: Why a Race-Recording Model Is Unworkable, Linda J. Rusch

The Mythology of Article 9, Robert E. Scott

Preferred Capital Structures and the Question of Filing, Paul M. Shupack

Commentary on Abolish the Article 9 Filing System by Professor Peter Alces, Edwin E. Smith

Will the Commerce Clause Pull the Plug on Minnesota's Quantification of the Environmental Externatlities of Electricity Production, Margaret Tortorella

Reforming Article 9 Priorities in Light of Old Ignorance and New Filing Rules, James J. White

Congressional Use of Immunity Grants after Iran-Contra, Ronald F. Wright

Submissions from 1994 1994

Putting Teeth into Minnesota's Employment Discrimination Law: A Legislative Proposal Defining Gender Stereotyping, Kari Aamot-Snapp

Procedural Paradigms for Applying the Daubert Test, Margaret A. Berger

Viewing Metropolitan Housing Authorities as Parties to Be Joined, if Feasible, in Fair Housing Suits: Will Minnesota Break a Great Silence, Elizabeth B. Bowling

Must the Show Go On--Defining When One Party May Call or Compel an Opposing Party's Consultative Expert to Testify, Kathleen Michaela Brennan

Other Crimes Evidence in Sex Offense Cases, David P. Bryden and Roger C. Park

Case against Cash-Outs in National Bank Mergers: A Critical Analysis of NoDak Bancorporation v. Clarke, Lori J. Carlson

Who Your Friends Are Could Get You Fired--The Connick Public Concern Test Unjustifiably Restricts Public Employees' Associational Rights, Paul Cerkvenik

More Harm Than Good: Assessing Federalization of Criminal Law, Stephen Chippendale

A Market Solution to Green Marketing: Some Lessons from the Economics of Information, John M. Church

Starstruck: The Overextension of Celebrity Publicity Rights in State and Federal Courts, Steven C. Clay

Variable Annuity Life Insurance Company v. Clarke: A Second Look at National Bank Annuity Sales and 12 U.S.C. 92, Jonathan B. Cleveland

Sex, Lies, and Genetic Tests: Challenging the Marital Presumption of Paternity under the Minnesota Parentage Act, Deborah A. Ellingboe

When Your Doctor Says, You Have Nothing to Worry About, Don't Be So Sure: The Effect of Fabio v. Bellomo on Medical Malpractice Actions in Minnesota, David W. Feeder II

The Outer Edge of the Envelope: Disqualification of White Collar Criminal Defense Attorneys under the Joint Defense Doctrine, Matthew D. Forsgren

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