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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 2005 2005

Justice Holmes, Buck V. Bell, and the History of Equal Protection, Stephen A. Siegel

Unsubsidizing Suburbia, Nicole Stelle Garnett

Tax Increment Financing: Public Use or Private Abuse?, Alyson Tomme

Minnesota Rails-To-Trails on the Line in State V. Hess, Karla Vehrs

Introduction to Socratic Method and the Irreducible Core of Legal Education, David Weissbrodt

Setting Sail with the Charming Betsy: Enforcing the International Court of Justice's Avena Judgment in Federal Habeas Corpus Proceedings, Laura A. Young

Submissions from 2004 2004

Abandonments in Bankruptcy: Unifying Competing Tax and Bankruptcy Policies, Michelle Arnopol Cecil

The Positive in the Fundamental Right to Marry: Same-Sex Marriage in the Aftermath of Lawrence V. Texas, Carlos A. Ball

Voting--Not Quite a Fundamental Right? a Look at Legal and Legislative Challenges to Felon Disfranchisement Laws, Angela Behrens

Pipeline Gathering in an Unbundled World: How FERC's Response to "Spin Down" Threatens Competition in the Natural Gas Industry, David V. Bryce

Giving Repose to the Exhaustion Doctrine: An Argument for More Exceptions to Exhaustion of Administrative Remedies in the Context of the University of Minnesota Grievance Procedure, Jennifer Callahan Berry

Is Lawrence Libertarian?, Dale Carpenter

A Vision Softly Creeping: Congressional Acquiescence and the Dormant Commerce Clause, Jim Chen

Mayteenth, Jim Chen

Seeking Truth for Power: Informational Strategy and Regulatory Policymaking, Cary Coglianese, Richard Zeckhauser, and Edward Parson

Ease over Accuracy in Assessing Patent Settlements, Daniel A. Crane

Arming the Gun Industry: A Critique of Proposed Legislation Shielding the Gun Industry from Liability, Elizabeth T. Crouse

The Dormant Commerce Clause Doctrine: Prolegomenon to a Defense, Brannon P. Denning

Lawrence's Jurisprudence of Tolerance: Judicial Review to Lower the Stakes of Identity Politics, William N. Eskridge Jr.

Morals-Based Justifications for Lawmaking: Before and after Lawrence V. Texas, Suzanne B. Goldberg

Contracting Around Finality: Transforming Price V. Neal from Dictate to Default, Christopher M. Grengs and Edward S. Adams

Are Torture Warrants Warranted? Pragmatic Absolutism and Official Disobedience, Oren Gross

Balancing Ease and Accuracy in Assessing Pharmaceutical Exclusion Payments, Herbert Hovenkamp, Mark D. Janis, and Mark A. Lemley

Living with Lawrence, Nan D. Hunter

"New Governance" in Legal Thought and in the World: Some Splitting as Antidote to Overzealous Lumping, Bradley C. Karkkainen

"Pricking the Lines": The Due Process Clause, Punitive Damages, and Criminal Punishment, Pamela S. Karlan

Lawrence's Penumbra, Andrew Koppelman

All Sports Are Not Created Equal: College Football and a Proposal to Amend the Title IX Proportionality Prong, Jay Larson

Setting the Agenda for New Governance Research, Orly Lobel

The Renew Deal: The Fall of Regulation and the Rise of Governance in Contemporary Legal Thought, Orly Lobel

Against Mercy, Dan Markel

Balancing State Budgets at a Cost to Fairness in Delinquency Proceedings, Andrea L. Martin

Was Death Different Then Than It Is Now? the Opportunity Presented to the Supreme Court by Summerlin V. Stewart, Sarah C.S. McLaren

Can't Cap Corporate Greed: Unintended Consequences of Trying to Control Executive Compensation Through the Tax Code, Ryan Miske

The Age of Aquarius Or, How I (Almost) Learned to Stop Worrying and Love Free Markets, Lawrence E. Mitchell

Reflections on Fifty Years of Progress in Civil Rights, Liberties, and Participation, Walter F. Mondale

Double Crossed: Why the Newspaper/Broadcast Cross-Ownership Ban Remains Necessary in the Public Interest, Daniel C. Moore

"Willful Blindness" to Gender-Based Violence Abroad: United States' Implementation of Article Three of the United Nations Convention Against Torture, Lori A. Nessel

From Outlaws to Ingroup: Romer, Lawrence, and the Inevitable Normativity of Group Recognition, Miranda Oshige McGowan

Regulating Oligopoly Conduct under the Antitrust Laws, Thomas A. Piraino Jr.

Should "Un-American" Foreign Judgments Be Enforced?, Mark D. Rosen

Exhumation Through Burial: How Challenging Casket Regulations Helped Unearth Economic Substantive Due Process in Craigmiles V. Giles, Anthony B. Sanders

The Amazing, Elastic, Ever-Expanding Exportation Doctrine and Its Effect on Predatory Lending Regulation, Elizabeth R. Schiltz

Minimum Contacts, No Dog: Evaluating Personal Jurisdiction for Nonparty Discovery, Ryan W. Scott

Counteracting Theft and Fraud: The Applicability of Rico to Organized Retail Crime, Ryan Stai

Moral Heuristics and Moral Framing, Cass R. Sunstein

Clear Control: An Antitrust Analysis of Clear Channel's Radio and Concert Empire, Adam J. van Alstyne

Reexamining Arbitral Immunity in an Age of Mandatory and Professional Arbitration, Maureen A. Weston

Introduction, David B. Zucco

Submissions from 2003 2003

Dean E. Thomas Sullivan: Building a Stronger Foundation, Edward S. Adams

Risk, Death and Harm: The Normative Foundations of Risk Regulation, Matthew D. Adler

Patently Unconstitutional: The Geographical Limitation on Prior Art in a Small World, Margo A. Bagley

Still Patently Unconstitutional: A Reply to Professor Nard, Margo A. Bagley

Lessons of Yugoslav Rape Trials: A Role for Conspiracy Law in International Tribunals, Richard P. Barrett and Laura E. Little

After Warren: Revisiting Taxpayer Standing and the Constitutionality of Parsonage Allowances, Phil Bednar

Free Speech, Strict Scrutiny, and Self-Help: How Technology Upgrades Constitutional Jurisprudence, Tom W. Bell

Why Antitrust Should Defer to the Intellectual Property Rules of Standard-Setting Organizations: A Commentary on Teece and Sherry, Michael A. Carrier

Changing Scientific Evidence, Edward K. Cheng

The Pragmatic Ecologist: Environmental Protection as a Jurisdynamic Experience, Jim Chen

Beyond the Multiple Punishment Problem: Punitive Damages as Punishment for Individual, Private Wrongs, Thomas B. Colby

Refining the "Presumptive Illegality" Approach to Settlements of Patent Disputes Involving Reverse Payments: A Commentary on Hovenkamp, Janis and Lemley, Thomas F. Cotter

Why the Privileges and Immunities Clause of Article Iv Cannot Replace the Dormant Commerce Clause Doctrine, Brannon P. Denning

Ecosystem Restoration: The New New Thing, Richard A. Duncan

Building Bridges over Troubled Waters: Eco-Pragmatism and the Environmental Prospect, Daniel A. Farber

Why (And How) Fairness Matters at the IP/Antitrust Interface, Daniel A. Farber and Brett H. McDonnell

Race, Politics, and Juvenile Justice: The Warren Court and the Conservative "Backlash", Barry C. Feld

Antitrust's Troubled Relations with Intellectual Property, Daniel J. Gifford

Holmes and the Erosion of Exclusive Federal Jurisdiction over Patent Claims, Timothy E. Grimsrud

The Paradox of (Eco)Pragmatism, Jamie A. Grodsky

Bowling for Certainty: Picking Up the Seven-Ten Split by Pinning Down the Reasonableness of Reassignment after Barnett, Jared Hager

The Life of the Party: Analyzing Political Parties' First Amendment Associational Rights When the Primary Election Process Is Construed Along a Continuum, Lauren Hancock

Prosecution Laches in the Wake of Symbol Technologies: What Is "Unreasonable and Unexplained" Delay?, Michael T. Hawkins

Mowing the Playing Field: Addressing Information Distortion and Asymmetry in the Trips Game, Paul J. Heald

Minnesota Wild, Lisa Heinzerling

A Rebuttable Presumption of Dedication: Protecting the Hard-Luck Patentee from Johnson & Johnston's Dedication Rule, Thomas R. Hipkins

Returning to the Roots of Environmental Justice: Lessons from the Inequitable Distribution of Municipal Services, Sten-Erik Hoidal

Anticompetitive Settlement of Intellectual Property Disputes, Herbert Hovenkamp, Mark Janis, and Mark A. Lemley

Grade "A" Certified: The First Amendment Significance of Grading by Public University Professors, Jennifer L.M. Jacobs

Frye Versus Daubert: Practically the Same?, Pamela J. Jensen

Adaptive Ecosystem Management and Regulatory Penalty Defaults: Toward a Bounded Pragmatism, Bradley C. Karkkainen

NEPA and Scientific Uncertainty: Using the Precautionary Principle to Bridge the Gap, Melanie E. Kleiss

Environmental Tribalism, Douglas A. Kysar and James Salzman

A Different Kind of "Republican Moment" in Environmental Law, Richard J. Lazarus

The Economists' New Arguments, Brett H. McDonnell

Has Java Changed Anything? The Sound and Fury of Innovation Litigation, David McGowan

Vertical Restraints and Intellectual Property Law: Beyond Antitrust, Michael J. Meurer

In Defense of Geographic Disparity, Craig Allen Nard

An Incentives Approach to Patent Settlements: A Commentary on Hovenkamp, Janis and Lemley, Maureen A. O'Rourke and Joseph F. Brodley

Antitrust and the Costs of Standard-Setting: A Commentary on Teece and Sherry, Mark R. Patterson

A Fire without Smoke: The Elimination of the Direct Evidence Requirement for Mixed-Motive Employment Discrimination Cases in Costa V. Desert Palace, Inc., Kelly Pierce

The End of Sham Issue Advocacy: The Case to Uphold Electioneering Communications in the Bipartisan Campaign Reform Act of 2002, Andrew Pratt

The Extent of a Corporation's Ability to Constitute an Original Source under the False Claims Act--Minnesota Ass'n of Nurse Anesthetists V. Allina Health System Corp., Emily R. D. Pruisner

Is the Endangered Species Act Eco-Pragmatic?, J.B. Ruhl

Prophets, Priests, and Pragmatists, Christopher H. Schroeder

Valuation Averaging: A New Procedure for Resolving Valuation Disputes, Keith Sharfman

Slouching Toward Eden: The Eco-Pragmatic Challenges of Ecosystem Revival, A. Dan Tarlock

Standards Setting and Antitrust, David J. Teece and Edward F. Sherry

Reconsidering Legalism, Robin West

Eco-Pragmatism and Ecology: What's Leopold Got to Do with It?, Amy J. Wildermuth

Super-Sized with Fries: Regulating Religious Land Use in the Era of Megachurches, David B. Zucco

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