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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 2009 2009

Wartime Judgments of Presidential Power: Striking Down but Not Back, William G. Howell

Hear Me Roar: What Provokes Supreme Court Justices to Dissent from the Bench?, Timothy R. Johnson, Ryan C. Black, and Eve M. Ringsmuth

Withdrawal: The Roberts Court and the Retreat from Election Law, Ellen Katz

Separation of Powers During the Forty-Fourth Presidency and Beyond, Brett M. Kavanaugh

The National Surveillance State: A Response to Balkin, Orin S. Kerr

The Accountable Executive, Heidi Kitrosser

Beyond the Article I Horizon: Congress's Enumerated Powers and Universal Jurisdiction over Drug Crimes, Eugene Kontorovich

Do Courts Create Moral Hazard?: When Judges Nullify Employer Liability in Arbitrations, Michael H. LeRoy

Cramming Down the Housing Crisis: Amending 11 U.S.C. § 1322(B) to Protect Homeowners and Create a Sustainable Bankruptcy System, Nina Liao

Why Did the Incorporation of the Bill of Rights Fail in the Late Nineteenth Century?, Gerard N. Magliocca

Reconfiguring Estate Settlement, John H. Martin

Inequitable-Conduct Doctrine Reform: Is the Death Penalty for Patents Still Appropriate?, Nicole M. Murphy

Credit Rating Agencies and the First Amendment: Applying Constitutional Journalistic Protections to Subprime Mortgage Litigation, Theresa Nagy

Specific Performance and the Thirteenth Amendment, Nathan B. Oman

Reclaiming International Law from Extraterritoriality, Austen L. Parrish

Defacing Democracy?: The Changing Nature and Rising Importance of As-Applied Challenges in the Supreme Court's Recent Election Law Decisions, Nathaniel Persily and Jennifer S. Rosenberg

Counsel and Confrontation, Todd E. Pettys

The Curious Case of Disparate Impact under the Adea: Reversing the Theory's Development into Obsolescence, R. Henry Pfutzenreuter IV

Native American Rape Victims: Desperately Seeking an Oliphant-Fix, Marie Quasius

Presuming Innocence: Expanding the Confrontation Clause Analysis to Protect Children and Defendants in Child Sexual Abuse Prosecutions, Anna Richey-Allen

Making Defendants Speak, Ted Sampsell-Jones

Are Patents on Interfaces Impeding Interoperability?, Pamela Samuelson

Sweetening the Deal: Strengthening Transnational Bribery Laws Through Standard International Corporate Auditing Guidelines, Timothy W. Schmidt

Disappearing Districts: Minority Vote Dilution Doctrine as Politics, Terry Smith

The Limits of Backlash: Assessing the Political Response to Kelo, Ilya Somin

Reason-Giving and Accountability, Glen Staszewski

Between the Possible and the Probable: Defining the Plausibility Standard after Bell Atlantic Corp. V. Twombly and Ashcroft V. Iqbal, Nicholas Tymoczko

Judicial Nominations in an Umpireless Game: Trusted Sources, a Complaint, and a Proposal, Benjamin Wittes

The Myth of Self-Regulation, Fred C. Zacharias

In Re the Welfare of Due Process, Kristin K. Zinsmaster

Submissions from 2008 2008

Adaptive Federalism: The Case Against Reallocating Environmental Regulatory Authority, David E. Adelman and Kirsten H. Engel

Avalanche or Undue Alarm? An Empirical Study of Subpoenas Received by the News Media, RonNell Andersen Jones

The Constitution in the National Surveillance State, Jack M. Balkin

The Behavioral Economics of Consumer Contracts, Oren Bar-Gill

Representing Low-Wage Workers in the Absence of a Class: The Peculiar Case of Section 16 of the Fair Labor Standards Act and the Underenforcement of Minimum Labor Standards, Craig Becker and Paul Strauss

Amending the Exceptions Clause, Joseph Blocher

Modernizing Medicare: Protecting America's Most Vulnerable Patients from Predatory Health Care Marketing Through Accessible Legal Remedies, Elizabeth C. Borer

Bonghits4Jesus.Com? Scrutinizing Public School Authority over Student Cyberspeech Through the Lens of Personal Jurisdiction, Kyle W. Brenton

Reasonable Means: Unavailable Declarants after United States V. Yida, Damon Brinson

The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, and the States, Sara C. Bronin

Toward a Functional Definition of Publication in Copyright Law, Thomas F. Cotter

Counting What Matters: Privatization, People with Disabilities, and the Cost of Low-Wage Work, Ellen Dannin

The Child Protection Pretense: States' Continued Consignment of Newborn Babies to Unfit Parents, James G. Dwyer

The Neoclassical Economics of Consumer Contracts, Richard A. Epstein

Horizontal Federalism, Allan Erbsen

Preemption and Civic Democracy in the Battle over Wal-Mart, Catherine L. Fisk and Michael M. Oswalt

Generous to a Fault? Fair Shares and Charitable Giving, Miranda Perry Fleischer

A Mock Funeral for a First Amendment Double Standard: Containing Coercion in Secondary Labor Boycotts, Dan Ganin

Claiming Innocence, Brandon L. Garrett

Toward a Robust Separation of Powers: Recapturing the Judiciary's Role at Sentencing, Hans H. Grong

Fighting Women: The Military, Sex, and Extrajudicial Constitutional Change, Jill Elaine Hasday

Beyond Incoherence: The Roberts Court's Deregulatory Turn in FEC V. Wisconsin Right to Life, Richard L. Hasen

Gagging on the First Amendment: Assessing Challenges to the Reauthorization Act's Nondisclosure Provision, Kyle Hawkins

Property Rights and the Efficient Exploitation of Copyrighted Works: An Empirical Analysis of Public Domain and Copyrighted Fiction Bestsellers, Paul J. Heald

Striking a Balance: An Open Courts Analysis of the Uniform Emergency Volunteer Health Practitioners Act, Lindsey J. Hopper

Blight and Its Discontents: Awarding Attorney's Fees to Property Owners in Redevelopment Actions, Noreen E. Johnson

Capturing the Ghost: Expanding Federal Rule of Civil Procedure 11 to Solve Procedural Concerns with Ghostwriting, Jeffrey P. Justman

When the Invention Is an Inventor: Revitalizing Patentable Subject Matter to Exclude Unpredictable Processes, Peter M. Kohlhepp

The Gift That Keeps on Taking: How Federal Banking Laws Prevent States from Enforcing Gift Card Laws, Y. Angela Lam

Patent Licensing and Discretion: Reevaluating the Discretionary Prong of Declaratory Judgment Jurisdiction after Medimmune, Paul J. LaVanway Jr.

Courtroom Demeanor: The Theater of the Courtroom, Laurie L. Levenson

More Is Not Always Better Than Less: An Exploration in Property Law, Daphna Lewinsohn-Zamir

How Wal-Mart Fights Unions, Nelson Lichtenstein

Minimum Wages and Low-Wage Workers: How Well Does Reality Match the Rhetoric?, David Neumark and William Wascher

Usury Law, Payday Loans, and Statutory Sleight of Hand: Salience Distortion in American Credit Pricing Limits, Christopher L. Peterson

The Rules Enabling Act and the Procedural-Substantive Tension: A Lesson in Statutory Interpretation, Martin H. Redish and Dennis Murashko

The Mythical Divide between Collateral and Direct Consequences of Criminal Convictions: Involuntary Commitment of "Sexually Violent Predators", Jenny Roberts

Removing the Judicial Gag Rule: A Proposal for Changing Judicial Speech Regulations to Encourage Public Discussion of Active Cases, Michael D. Schoepf

Protecting Financial Markets: Lessons from the Subprime Mortgage Meltdown, Steven L. Schwarcz

Interpreting the Law of War: Rewriting the Rules of Engagement to Police Iraq, Karen P. Seifert

Moving from "Broken Windows" to Healthy Neighborhood Policy: Reforming Urban Nuisance Law in Public and Private Sectors, Bryan M. Seiler

The Low-Wage Worker: Legal Rights--Legal Realities, Bryan M. Seiler, Laura J. Cooper, and Catherine L. Fisk

Holdup, Royalty Stacking, and the Presumption of Injunctive Relief for Patent Infringement: A Reply to Lemley and Shapiro, J. Gregory Sidak

The Publicization of Home-Based Care Work in State Labor Law, Peggie R. Smith

Why the Motion to Dismiss Is Now Unconstitutional, Suja A. Thomas

The Legacy of Bryan V. Itasca County: How an Erroneous $147 County Tax Notice Helped Bring Tribes $200 Billion in Indian Gaming Revenue, Kevin K. Washburn

Remedies for Undocumented Noncitizens in the Workplace: Using International Law to Narrow the Holding of Hoffman Plastic Compounds, Inc. V. NLRB, David Weissbrodt

Labor Law after Legalization, Michael J. Wishnie

Submissions from 2007 2007

Immigration Law and the Regulation of Marriage, Kerry Abrams

Hamdan and Common Article 3: Did the Supreme Court Get It Right?, Fionnuala Ní Aoláin

Foreword, Shana Bachman

The Death of FISA, William C. Banks

The Perfect Storm of Retirement Insecurity: Fixing the Three-Legged Stool of Social Security, Pensions, and Personal Savings, Stephen F. Befort

Parental Support of Adult Children with Disabilities, Sande L. Buhai

When Judges Lie (And When They Should), Paul Butler

The Scientific Study of Judicial Activism, Frank B. Cross and Stefanie A. Lindquist

The Untold Story of Al Qaeda's Administrative Law Dilemmas, Mariano-Florentino Cuéllar

Beyond Liability: Rewarding Effective Gatekeepers, Lawrence A. Cunningham

How the Presumption Against Extraterritoriality Has Created a Gap in Environmental Protection at the 49Th Parallel, João C. J. G. de Medeiros

Congress, the Supreme Court, and Enemy Combatants: How Lawmakers Buoyed Judicial Supremacy by Placing Limits on Federal Court Jurisdiction, Neal Devins

No Free Parking: Obtaining Relief from Trademark-Infringing Domain Name Parking, Elizabeth M. Flanagan

Integrating Investment Treaty Conflict and Dispute Systems Design, Susan D. Franck

To Fix or Not to Fix: Copyright's Fixation Requirement and the Rights of Theatrical Collaborators, Carrie Ryan Gallia

An Anti-Authoritarian Constitution? Four Notes, Patrick O. Gudridge

The Executive Reports, We Decide: The Constitutionality of an Executive Branch Question and Report Period, Alex Hontos

From Deference to Restraint: Using the Chevron Framework to Evaluate Presidential Signing Statements, David C. Jenson

Immigration Reform, National Security after September 11, and the Future of North American Integration, Kevin R. Johnson and Bernard Trujillo

Revisiting Dreyfus: A More Complete Account of a Trial by Mathematics, D.H. Kaye

"Macro-Transparency" as Structural Directive: A Look at the NSA Surveillance Controversy, Heidi Kitrosser

Punitive Damages and Valuing Harm, Alexandra B. Klass

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