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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 1992 1992

The Hearsay Rule at Work: Has It Been Abolished De Facto by Judicial Decision, Eleanor Swift

A Unified Approach to Predatory Pricing Analysis under the Sherman and Robinson-Patman Acts: A.A. Poultry Farms, Inc. v. Rose Acre Farms, Inc., a Case against the Tide, Claire Taylor-Sherman

Hearsay Logic, Peter Tillers and David Schum

But Seriously, Folks: Toward a Coherent Standard of Parody as Fair Use, Beth Warnken Van Hecke

Scope of Employment Redefined: Holding Employers Vicariously Liable for Sexual Assaults Committed by Their Employees, Rochelle Rubin Weber

Nominal Damages, Nominal Victory: Estate of Farrar v. Cain's Improper Limit on Awards of Attorneys' Fees under 1988, James D. Weiss

Light Thoughts and Night Thoughts on the American Family, Judith T. Younger

A Critical Look at Rules Governing Grand Jury Subpoenas of Attorneys, Fred C. Zacharias

Submissions from 1991 1991

Shall We Dance--Steps for Legislators and Judges in Statutory Interpretation, Shirley S. Abrahamson and Robert L. Hughes

A Revival of Some Ancient Learning: A Critique of Eisenberg's The Nature of the Common Law, Carl A. Auerbach

Constructing Justice: Theories of the Subject in Law and Literature, Betsy B. Baker

Guilty of the Crime of Trust: Nonstranger Rape, Beverly Balos and Mary Louise Fellows

Musings on a Clinic Report: A Selective Agenda for Clinical Legal Education in the 1990s, Stephen F. Befort

The Human Resumes of Great Supreme Court Justices, David P. Bryden and E. Christine Flaherty

Corporate Ethos: A Standard for Imposing Corporate Criminal Liability, Pamela H. Bucy

The Applicability of Rule 11 Sanctions upon Removal from State to Federal Court: Imposing a Continuing Obligation, Theodore C. Cadwell Jr.

Of Spoil Pits and Swimming Pools: Reconsidering the Measure of Damages for Construction Contracts, Carol Chomsky

The Constitutional Case against Intracircuit Nonacquiescence, Dan T. Coenen

For the Good of the Adult: An Examination of the Constitutionality of Using Prior Juvenile Adjudications to Enhance Adult Sentences, David Dormont

Legislative Deals and Statutory Bequests, Daniel A. Farber

The Transformation of the Juvenile Court, Barry C. Feld

Toward Guidelines for Compelling Cesarean Surgery: Of Rights, Responsibility, and Decisional Authenticity, Joel Jay Finer

Sentencing Reform in Minnesota, Ten Years after: Reflections on Dale G. Parent's Structuring Criminal Sentences: The Evolution of Minnesota's Sentencing Guidelines, Richard S. Frase

State Judicial Elections and the Voting Rights Act: Defining the Proper Remedial Scheme, Shawn Fremstad

Lawnet: The Case of The Missing (Tenth) Amendment, Philip P. Frickey

The Interplay of Product Definition, Design and Trade Dress, Daniel J. Gifford

A Theory-Practice Spiral: The Ethics of Feminism and Clinical Education, Phyllis Goldfarb

Aliens' Alienation from Justice: The Equal Access to Justice Act Should Apply to Deportation Proceedings, Thomas W. Holm

The Influence of Legal Education on Moral Reasoning, Sandra Janoff

Viewing Rule 11 as a Tool to Improve Professional Responsibility, Victor H. Kramer

Some Notes on Reliance, C.Robert Morris

The Future of International Adjudication, Fred L. Morrison

Larson v. Dunn: Toward a Reasoned Response to Parental Kidnapping, Daniel Oberdorfer

Evidence Scholarship, Old and New, Roger C. Park

Limiting Lender Liability: The Trend Toward Written Credit Agreement Statutes, Todd C. Pearson

Beyond Per Se, Rule of Reason or Merger Analysis: A New Antitrust Standard for Joint Ventures, Thomas A. Piraino Jr.

Letting the Punishment Fit the Crime: Proportional Forfeiture under Criminal RICO's Source of Influence Provision, Ian A.J. Pitz

The Misappropiation Doctrine as a Competitive Norm of Intellectual Property Law, Leo J. Raskind

Discharging CERCLA Liability in Bankruptcy: When Does a Claim Arise, Kevin J. Saville

Envirotech Corp. v. Westech Engineering, Inc.: The On-Sale Bar to Patentability and Executory Sales Offers, Stephen R. Schaefer

Commerce Clause Challenges to State Taxes, Ferdinand P. Schoettle

Passing the Big Bucks: Contractual Transfers of Liability between Potentially Responsible Parties under CERCLA, Joseph A. Sevack

Speaking of Virtue: A Republican Approach to University Regulation of Hate Speech, Suzanna Sherry

The Public Sector Compensatory Time Exception to the Fair Labor Standards Act: Trying to Compensate for Congress's Lack of Clarity, Todd D. Steenson

The Future of Legal Education, Robert A. Stein

Public Prosecution and Hydro-engineering, Michael Tonry

International Minerals &(and) Mining Corp. v. Citicorp North America, Inc.: A Contractual Relationship between Loan Applicant and Lender, Jason D. Topp

Critical Race Theory: The Decline of the Universalist Ideal and the Hope of Plural Justice--Some Observations and Questions of an Emerging Phenomenon, Gerald Torres

Amgen, Inc. v. United States International Trade Commission: Designer Genes Don't Fit, Ann Sturtz Viksnins

General Electric Co. v. Litton Industrial Automation Systems, Inc.: Are Attorney Fees Recoverable in CERCLA Private Cost Recovery Actions, Kanad S. Virk

The Effectiveness of International Human Rights Pressures: The Case of Argentina, 1976-1983, David Weissbrodt and Maria Luisa Bartolomei

Two Thoughts about Insider Preferences, Jay Lawrence Westbrook

Property Rights Protection under Article I, Section 10 of the Minnesota Constitution: A Rationale for Providing Possessory Crimes Defendants with Automatic Standing to Challenge Unreasonable Searches and Seizures, Kent M. Williams

Legal Education: An Illusion, Judith T. Younger

The Americans with Disabilities Act of 1990: Improving Judicial Determinations of Whether an Individual is Substantially Limited, James M. Zappa

Submissions from 1990 1990

Speedy Criminal Appeal: A Right without a Remedy, Marc M. Arkin

Exclusive Merger Agreements and Lock-Ups in Negotiated Corporate Acquisitions, Stephen M. Bainbridge

Analyzing Tort Law: The Flawed Promise of Neocontract, Peter A. Bell

Forster v. R.J. Reynolds Tobacco Co.: Minnesota Supreme Court Gives the Green Light to Cigarette Plaintiffs, Carolyn Brue-Legried

Building Solidarity through Expansion of NLRA Coverage: A Blueprint for Worker Empowerment, Marion Crain

Stumbling beyond Best Interests of the Child: Reexamining Child Custody Standard-Setting in the Wake of Minnesota's Four Year Experiment with the Primary Caretaker Preference, Gary Crippen

Myth and Reality in Punitive Damages, Stephen Daniels and Joanne Martin

Bird v. Shearson Lehman/American Express, Inc.: Upholding Compulsory Arbitration of ERISA Claims Properly Treats All Investors Equally, Susan C. Davis

Spousal Share in Intestate Succession: Stepparents Are Getting Shortchanged, The, Carolyn R. Glick

Jacks or Better to Open: Procedural Limitations on Co-Party and Third-Party Claims, Arthur F. Greenbaum

Advisory Opinions and Canadian Constitutional Development: The Supreme Court's Reference Jurisdiction, James L. Huffman and MardiLyn Saathoff

The Real Party under Rule 17(a): The Loan Receipt and Insurers' Subrogation Revisited, E.Michael Johnson

The Right to Cable Royalties and the Divisibility of Copyright: Understanding the Interaction, Jacqueline A. Layton

Understanding Unreviewability in Administrative Law, Ronald M. Levin

An Ill Wind Blows: Restricting the Public's Right of Access to Search Warrant Affidavits, Jeffrey L. Levy

A Critique and Proposed Solution to the Adverse Examination Problem Raised by Battered Woman Syndrome Testimony in State v. Hennum, Sarah Crippen Madison

Pretrial Detention and Punishment, Marc Miller and Martin Guggenheim

San Bernardino Physicians' Services Medical Group, Inc. v. County of San Bernardino: Constitutionally Protected Public Contract Property Interests under 42 U.S.C. Section 1983, Henri G. Minette

When is an Order Final--A Result-Oriented Approach to the Finality Requirement for Bankruptcy Appeals to Federal Circuit Courts, Joseph Mitzel

Price v. Viking Penguin, Inc.: The Neutral Reportage Privilege and Robust, Wide Open Debate, Mark W. Page

I Didn't Tell Them Anything about You: Implied Assertions as Hearsay under the Federal Rules of Evidence, Roger C. Park

United States v. Cooper: The Writ of Error Coram Nobis and the Morgan Footnote Paradox, Brendan W. Randall

Time Limits for Federal Employees under Title VII: Jurisdictional Prerequisites or Statutes of Limitation, Cynthia Reed

From Beer to BST: Circumventing the GATT Standards Code's Prohibition on Unnecessary Obstacles to Trade, Steven J. Rothberg

The Call for Campus Conduct Policies: Censorship or Constitutionality Permissible Limitations on Speech, John T. Shapiro

Making Sense of Sense-Enhanced Searches, David E. Steinberg

The Chapter 13 Cure Provisions: A Doctrine in Need of a Cure, Douglas A. Winthrop

Shedding New Light on an Old Debate: A Federal Indian Law Perspective on Congressional Authority to Limit Federal Question Jurisdiction, Kevin J. Worthen

Submissions from 1989 1989

Tuning up the Copyright Act: Substantial Similarity and Sound Recording Protections, Linda Benjamin

Defendants' Right to Conduct Ex Parte Interviews with Treating Physicians in Drug or Medical Device Cases, Barbara Podlucky Berens

Consent, Contract, and Territory, Lea Brilmayer

Separating Constitutional and Common-Law Torts: A Critique and a Proposed Constitutional Theory of Duty, William Burnham

New Seat Belt Defense Issues: The Impact of Air Bags and Mandatory Seat Belt Use Statutes on the Seat Belt Defense, and the Basis of Damage Reduction under the Seat Belt Defense, Robert F. Cochran Jr.

To Defer or Not to Defer: A Study of Federal Circuit Court Deference to District Court Rulings on State Law, Dan T. Coenen

Social Security Netting Regulations: Balancing Administrative Convenience with the Rights of Beneficiaries, Prentiss Cox

Promises and the Press: First Amendment Limitations on News Source Recovery for Breach of a Confidentiality Agreement, Michael Dicke

Inflation and the Tax Code: Guidelines for Policymaking, Michael C. Durst

Irving Younger: Scenes from the Public Life, Stephen Gillers

Civil RICO, Foreign Defendants, and ET, Michael Goldsmith and Vicki Rinne

A Note from Two Australian Friends, George Hampel and Felicity Hampel

Law and a New Land Ethic, John A. Humbach

Nieto v. Ecker: Incorporation of Nonfiduciary Liability under ERISA, Julianne Joy Knox

Parson v. Holman Erection Co.: The Anomalous Treatment of Unemployed Disabled Workers under Minnesota's Workers' Compensation Statute, Mary M. Krakow

Political Asylum and the Theory of Judicial Review, Stephen H. Legomsky

Tribute to Irving Younger, Robert B. McKay

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