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Volume 110 - Fall Issue

You Don’t Have a Home to Go to but You Can Stay Here: A Bill of Rights for Unhoused Minnesotans

By Daniel P. Suitor. Full Text. Unhoused people are constantly and consistently mistreated by our society. Cities criminalize basic, life-sustaining activities of people experiencing homelessness, such as sitting down in public or sleeping in parks. Law enforcement bodies are quick to harass them, and residents are happy to look the other way in the name…

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Tax, Spend, and Prevent Discrimination: Why Title IX’s Passage Under the Spending Clause Holds the Answer to a Quarter-Century Long Circuit Split

By Miriam Pysno Solomon. Full Text. Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 both strive to reduce and eliminate discrimination on the basis of sex. While Title VII governs almost all employers in the United States, Title IX similarly governs almost all educational institutions.…

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Copycat Cosmetics: The Beauty Industry and the Bounds of the American Intellectual Property System

By Marra M. Clay. Full Text. The primary justification for intellectual property is simple: it exists to incentivize innovation. Creators, innovators, and inventors are motivated to create, innovate, and invent by the promise of exclusive rights to the fruits of their labor. The founding fathers believed these rights so important that they wrote them into…

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Whose Data Anyway? The Inconsistent and Prejudicial Application of Ascertainability in Data Privacy Class Actions

By Nathan Webster. Full Text. Data breaches are increasingly common. As the frequency of data breaches increases, so too does the frequency of data privacy class action suits. However, as plaintiffs overcome longstanding obstacles to class certification, new challenges are emerging. One issue poses a particular challenge for data privacy plaintiffs: the heightened ascertainability requirement.…

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Using Community Benefits to Bridge the Divide Between Minnesota’s Nonprofit Hospitals and Their Communities

By Meredith Gingold. Full Text. Nonprofit hospitals receive numerous state and federal tax exemptions. In return, communities expect that hospitals will give back what they can. This giving, called “community benefits,” can take many forms including money spent on educating a hospital’s doctors and residents, free or discounted care to low-income patients, and Medicaid shortfalls—the…

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Somebody’s Tracking Me: Applying Use Restrictions to Facial Recognition Tracking

By Matthew E. Cavanaugh. Full Text. Facial recognition tracking is the use of facial recognition technology to track a person’s movements based on the appearance of their face at particular locations. It is one of many rapidly advancing technologies that are forcing a judicial reckoning with how the Fourth Amendment right against unreasonable searches applies…

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Suing the Aiders and Abettors of Torture: Reviving the Torture Victim Protection Act

By Ryan Plasencia. Full Text.  While universally condemned by the international community, state-sponsored torture and extrajudicial killing are still pervasive practices around the globe. This Note examines a specific form of state-sponsored torture and killing—those acts that are facilitated or aided by multinational corporations with profit motives. In 1992, the United States enacted the Torture…

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Embedded Deception: How the FTC’s Recent Interpretation of the Children’s Online Privacy Protection Act Missed the Mark

By Olivia Levinson. Full Text. Every year, YouTube amasses billions of dollars in online advertising revenue. While many advertisements play before, in between, and after YouTube videos, there are often more elusive advertisements within the videos themselves. Embedded advertisements within videos pose unique consumer protection concerns, especially as they pertain to young audiences. Ryan’s World,…

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Standing Up to the Treasury: Applying the Procedural Standing Analysis to Post-Mayo, Pre-Enforcement APA Treasury Challenges

By Casey N. Epstein. Full Text.  Administrative law and tax law have clashed for the past several decades. While recent caselaw, starting with Mayo Foundation in 2010, has indicated that administrative law, such as the Administrative Procedure Act (APA), does apply to the Treasury, many questions remain unanswered. Much attention has recently focused on the…

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Moving Beyond Reflexive Chevron Deference: A Way Forward for Asylum Seekers Basing Claims on Membership in a Particular Social Group

By Seiko Shastri. Full Text. Asylum applicants face a mounting number of barriers to being granted refuge in the United States. This is especially true for individuals applying for asylum based on their membership in a “particular social group,” one of the few protected grounds for asylum. In recent years, the Board of Immigration Appeals…

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