By Darian M. Ibrahim. Full text here. Angel investors and venture capitalists (VCs) have funded Google, Facebook, and virtually every technological success of the last thirty years. These investors operate in tight geographic networks, which mitigates uncertainty, information asymmetry, and agency costs both pre- and post-investment. It follows, then, that a major concern with equity…

By Aaron-Andrew P. Bruhl. Full text here. From time to time, the Supreme Court changes some aspect of its approach to statutory interpretation. These changes include large-scale shifts on matters such as the relative prominence of textual sources versus legislative history as well as small-scale changes exemplified by the creation, modification, or abandonment of particular interpretive…

By Jane R. Bambauer & Toni M. Massaro. Full text here. A wealth of scholarship comments on enumerated and unenumerated fundamental rights, such as freedom of speech, the right to marital privacy, and suspect classifications that trigger elevated judicial scrutiny. This Article discusses the other constitutional cases—the ones that implicate no fundamental right or suspect classification,…

By Katharine K. Baker. Full text here. This Article argues that the criminal law is simply not up to the task of policing a huge amount of sexual assault. The on-going initiative to curb the prevalence of sexual misconduct on college campuses abandons the criminal law and uses discrimination doctrine to dislodge the norms that criminal…

By Alexandra B. Klass & Jim Rossi. Full text here. Interstate coordination presents one of the most difficult challenges for American federalism as well as for energy markets and policy. Existing laws vest the approval of large-scale energy infrastructure projects such as interstate oil pipelines and high-voltage, interstate electric transmission lines with state and local levels…

By Derek E. Bambauer. Full text here. Despite the trend towards strong protection of speech in U.S. Internet regulation, federal and state governments still seek to regulate online content. They do so increasingly through informal enforcement measures, such as threats, at the edge of or outside their authority—a practice this Article calls “jawboning.” The Article argues…

By Daniel A. Farber. Full text here. This Article introduces Volume 100 of the Minnesota Law Review. Like much of legal scholarship today, Issue 1 was deeply and unapologetically embedded in the concerns of its day, which was on the cusp between the Progressive Era and the outbreak of World War I. It is not uncommon…

By Eric W. Orts & Amy Sepinwall. Full text here. This Article responds to an argument made recently by Elizabeth Pollman that corporations should not be deemed to have “constitutional privacy rights” in “most circumstances.” Setting forth an alternative conception of organizational rights and examining different meanings of “privacy,” the Article contends that courts should tread…

By Robert A. Stein. Full text here. This Article addresses the importance of uniform state laws in maintaining and strengthening federalism in the United States. The federal system of government established by the Constitution depends on an appropriate balance of federal and state law. Under the Tenth Amendment to the Constitution, powers not delegated to…

By Jacqueline Peel & Hari M. Osofsky. Full text here. Climate change litigation has influenced regulation substantially in the United States. Most notably, the Supreme Court’s decision in Massachusetts v. EPA serves as the basis for federal Clean Air Act regulation of greenhouse gas emissions from motor vehicles and power plants. However, most U.S. litigation thus…