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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 2017 2017

Competence and Culpability: Delinquents in Juvenile Courts, Youths in Criminal Courts, Barry C. Feld

Standing Voting Instructions: Empowering the Excluded Retail Investor, Jill E. Fisch

Constitutional Reasonableness, Brandon L. Garrett

Remembrance of Judge Myron H. Bright, Ruth Bader Ginsburg

Affirmative Action: The Constitutional Approach to Ending Sex Disparities on Corporate Boards, Julia Glen

Toward a Critical Race Theory of Evidence, Jasmine B. Gonzales Rose

Cracking the Code: An Empirical Analysis of Consumer Bankruptcy Outcomes, Sara S. Greene, Parina Patel, and Katherine Porter

The Foreign Emoluments Clause and the Chief Executive, Amandeep S. Grewal

Reconsidering Home Rule and City-State Preemption in Abandoned Fields of Law, Franklin R. Guenthner

The Consequences of Disparate Policing: Evaluating Stop and Frisk as a Modality of Urban Policing, Aziz Z. Huq

Valuing Identity, Osamudia R. James

Remembering Judge Myron Bright, Jane Kelly

Balancing First Amendment Rights with an Inclusive Environment on Public University Campuses, Gerald S. Kerska

Economic Protectionism and Occupational Licensing Reform, Gerald S. Kerska

Strengthening Cybersecurity with Cyberinsurance Markets and Better Risk Assessment, Jay P. Kesan and Carol M. Hayes

Free Speech, Higher Education, and the PC Narrative, Heidi Kitrosser

Regulating Cumulative Risk, Sanne H. Knudsen

The Geography of Equal Protection, Christopher R. Leslie

Institutional Fracture in Intellectual Property Law: The Supreme Court Versus Congress, Gregory N. Mandel

SIRI-OUSLY 2.0: What Artificial Intelligence Reveals About the First Amendment, Toni M. Massaro, Helen Norton, and Margot E. Kaminski

Stranger Than Science Fiction: The Rise of A.I. Interrogation in the Dawn of Autonomous Robots and the Need for an Additional Protocol to the U.N. Convention Against Torture, Amanda McAllister

Getting Back to Basics: Recognizing and Understanding the Swing Voter on the Supreme Court of the United States, Kristin M. McGaver

Civil Rules Interpretive Theory, Lumen N. Mulligan and Glen Staszewski

In Memoriam Judge Myron H. Bright, Diana E. Murphy

Academic Freedom to Deny the Truth: Beyond the Holocaust, Robert M. O'Neil

The Free Speech Rights of University Students, Mary-Rose Papandrea

What Legal Authority Does the Fed Need During a Financial Crisis?, Eric A. Posner

The Production Function of the Regulatory State: How Much Do Agency Budgets Matter?, Jonathan Remy Nash, J.B. Ruhl, and James Salzman

Carbon Taxation by Regulation, Jim Rossi

Coverage Information in Insurance Law, Daniel Schwarcz

Too Big to Fool: Moral Hazard, Bailouts, and Corporate Responsibility, Steven L. Schwarcz

Board and Shareholder Power, Revisited, Simone M. Sepe

The Value of the Standard, Norman V. Siebrasse and Thomas F. Cotter

A Conversation between U.S. Supreme Court Justice Sonia Sotomayor and Professor Robert A. Stein, Sonia Sotomayor

Copyrighted Laws: Enabling and Preserving Access to Incorporated Private Standards, James M. Sweeney

Providing Clarity for Standard of Conduct for Directors within Benefit Corporations: Requiring Priority of a Specific Public Benefit, Roxanne Thorelli

Campus Speech and Harassment, Alexander Tsesis

Inclusive Communities and Robust Causality: The Constant Struggle to Balance Access to the Courts with Protection for Defendants, Claire Williams

Submissions from 2016 2016

Prosser's the Fall of the Citadel, Kenneth S. Abraham

"The More Things Change . . .": New Moves for Legitimizing Racial Discrimination in a "Post-Race" World, Mario L. Barnes

Tweeting the Police: Balancing Free Speech and Decency on Government-Sponsored Social Media Pages, Alysha L. Bohanon

Culture as a Structural Problem in Indigent Defense, Eve Brensike Primus

The Moral Psychology of Copyright Infringement, Christopher Buccafusco and David Fagundes

On the Sociology of Patenting, Dan L. Burk

Reproduction Reconceived, Courtney Megan Cahill

Federalism and Moral Disagreement, Guido Calabresi and Eric S. Fish

Will LGBT Antidiscrimination Law Follow the Course of Race Antidiscrimination Law?, Robert S. Chang

The Shoe Doesn't Fit: General Jurisdiction Should Follow Corporate Structure, Seungwon Chung

Guardians of Your Galaxy S7: Encryption Backdoors and the First Amendment, Allen Cook Barr

Public Enforcement Compensation and Private Rights, Prentiss Cox

Regaining Perspective: Constitutional Criminal Adjudication in the U.S. Supreme Court, Andrew Manuel Crespo

Perspectives on the Fourth Amendment Forty Years Later: Toward the Realization of an Inclusive Regulatory Model, Donald A. Dripps

Drawing Lines among the Persecuted, Kate Evans

The Distributive Deficit in Law and Economics, Lee Anne Fennell and Richard H. McAdams

Reconsidering Fictitious Pricing, David Adam Friedman

Payments on Debt after Discharge: When a Discharge Is Not Really a Discharge and the Limits of Taxpayer Recourse, Robert C. Gallup

Address Confidentiality and Real Property Records: Safeguarding Interests in Land While Protecting Battered Women, Jonathan Grant

Rethinking Technology Neutrality, Brad A. Greenberg

Of Mosquitoes, Adolescents, and Reproductive Rights: Public Health and Reproductive Risks in a Genomic Age, Luke Haqq

Knowledge Goods and Nation-States, Daniel J. Hemel and Lisa Larrimore Ouellette

Anticompetitive Patent Injunctions, Erik Hovenkamp and Thomas F. Cotter

Restoring Reason to the Third Party Doctrine, Lucas Issacharoff and Kyle Wirshba

Live Long and Prosper: How the Persistent and Increasing Popularity of Fan Fiction Requires a New Solution in Copyright Law, Brittany Johnson

Inherent National Sovereignty Constitutionalism: An Original Understanding of the U.S. Constitution, Robert J. Kaczorowski

Big Enough to Matter: Whether Statistical Significance or Practical Significance Should Be the Test for Title VII Disparate Impact Claims, Elliot Ko

Anticompetitive until Proven Innocent: An Antitrust Proposal to Embargo Covert Patent Privateering Against Small Businesses, Kyle R. Kroll

New Economy, Old Biases, Nancy Leong

The Missing Pieces of Geoengineering Research Governance, Albert C. Lin

Financial Weapons of War, Tom C.W. Lin

The Law of the Platform, Orly Lobel

Policing Criminal Justice Data, Wayne A. Logan and Andrew Guthrie Ferguson

Haute Off the Press: Refashioning Copyright Law to Protect American Fashion Designs from the Economic Threat of 3D Printing, Anna M. Luczkow

Anthony Amsterdam's Perspectives on the Fourth Amendment, and What It Teaches About the Good and Bad in Rodriguez V. United States, Tracey Maclin

Regulating Employment-Based Anything, Brendan S. Maher

The United States Supreme Court (Mostly) Gives Up Its Review Role with Ineffective Assistance of Counsel Cases, Paul Marcus

Antitrust and the Robo-Seller: Competition in the Time of Algorithms, Salil K. Mehra

No Longer a Neutral Magistrate: The Foreign Intelligence Surveillance Court in the Wake of the War on Terror, Walter F. Mondale, Robert A. Stein, and Caitlinrose Fisher

Truth and Lies in the Workplace: Employer Speech and the First Amendment, Helen Norton

Standing on the Shoulders of Giants: Celebrating 100 Volumes of the Minnesota Law Review, Rajin S. Olson

Tie Votes in the Supreme Court, Justin Pidot

You Should Be Free to Talk the Talk and Walk the Walk: Applying Riley V. California to Smart Activity Trackers, Katharine Saphner

Incorporating Cost into the Return of Incidental Findings Calculus: Defining a Responsible Default for Genetics and Genomics Researchers, Emily Scholtes

Regulating Financial Change: A Functional Approach, Steven L. Schwarcz

Hard Choices: Where to Draw the Line on Limiting Selection in the Selective Reduction of Multifetal Pregnancies, Mary A. Scott

The Most-Cited Articles from the Minnesota Law Review, Fred R. Shapiro

The Secret History of the Bluebook, Fred R. Shapiro and Julie Graves Krishnaswami

The Remains of the Citadel (Economic Loss Rule in Products Cases), Catherine M. Sharkey

Toward Definition, Not Discord: Why Congress Should Amend the Family and Medical Leave Act to Preclude Individual Liability for Supervisors, Taylor C. Stippel

Maximizing the Min-Max Test: A Proposal to Unify the Framework for Rule 403 Decisions, Leah Tabbert

Of Mice and Men: On the Seclusion of Immigration Detainees and Hospital Patients, Stacey A. Tovino

Submissions from 2015 2015

Clarifying the Standards for Personal Jurisdiction in Light of Growing Transactions on the Internet: The Zippo Test and Pleading of Personal Jurisdiction, Annie Soo Yeon Ahn

HOPE Probation and the New Drug Court: A Powerful Combination, Steven S. Alm

Striking Before the Well Goes Dry: Exploring If and How the United States Ban on Crude Oil Exports Should Be Lifted to Exploit the American Oil Boom, Sam Andre

Why Rape Should Not (Always) Be a Crime, Katharine K. Baker

Against Jawboning, Derek E. Bambauer

Outrageous and Irrational, Jane R. Bambauer and Toni M. Massaro

Social Group Semantics: The Evidentiary Requirements of "Particularity" and "Social Distinction" in pro se Asylum Adjudications, Nicholas R. Bednar

The Constitutional Limit of Zero Tolerance in Schools, Derek W. Black

When Volunteers Become Employees: Using a Threshold-Remuneration Test Informed by the Fair Labor Standards Act to Distinguish Employees from Volunteers, Emily Bodtke

Treating Adults Like Children: Re-Sentencing Adult Juvenile Lifers after Miller V. Alabama, Brianna H. Boone

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