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Volume 110 - Fall Issue

LIBOR: The World’s Most Important Headache

By Alec Foote Mitchell. Full Text.  The London Inter-Bank Offered Rate, or LIBOR, is known as “the world’s most important number.” Referenced in almost $350 trillion of financial contracts, LIBOR is central to modern finance. But in 2023, it is vanishing. As central banks, governments, financial institutions, and private parties rush to find replacement rates,…

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How a New Standard of Care Can Make Social Media Companies Better “Good Samaritans”

By Jenna Hensel. Full Text.  Social media companies enjoy a broad scope of protection from liability due to Section 230 of the Communications Decency Act. Section 230 of the Communications Decency Act offers social media companies two prominent protections: (1) protection from liability for user content posted on their websites because social media companies “cannot…

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The Critical Need for State Regulation of Assisted Living Facilities: Defining “Critical Incidents,” Implementing Staff Training, and Requiring Disclosure of Facility Data

By Lexi Pitz. Full Text.  Assisted living facilities are wildly popular among elderly Americans. This trend is expected to persist due to increasing life expectancy, an aging baby boomer population, and the growing preference for assisted living facilities over nursing homes. Despite their growing popularity, the assisted living industry remains alarmingly underregulated at both the…

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Standing Up to Bad Patents: Allowing Non-Infringing Direct Competitors to Satisfy the Article III Standing Requirements Appealing an Adverse Inter Partes Review Decision to the Federal Circuit

By Ryan Fitzgerald. Full Text.  In 2011, through the America Invents Act, Congress created a new administrative procedure, inter partes review (IPR), to allow third parties to challenge issued patents before the Patent Trial and Appeal Board (PTAB). It did so in recognition “that questionable patents [were] too easily obtained and [were] too difficult to…

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Minnesota’s Digital Divide: How Minnesota Can Replicate the Rural Electrification Act to Deliver Rural Broadband

By Abby Oakland. Full Text. For disadvantaged communities, education can be the silver bullet. It can equip and empower students to rise above their economic station. It can level the playing field. It can provide opportunity absent in their current circumstances. It can open doors that would otherwise remain closed. Recognizing this power, Minnesota’s Constitution…

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The Advent of Effortless Expression: An Examination of the Copyrightability of BCI-Encoded Brain Signals

By Jonathan Baker. Full Text. This Note anticipates the development and deployment of brain-computer interfaces (BCIs) and attempts to reconcile this technology’s implications with modern U.S. copyright doctrine. Although researchers and practitioners have primarily used BCIs to restore motor function to and improve the quality of life for people severely disabled by neuromuscular impairments, the…

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“Wreaking Extraordinary Destruction”: Defendant’s Irreplaceability as Presumptively Reasonable Grounds for Downward Departure in Sentencing

By Jackie Fielding. Full Text Despite the media attention afforded to the recent family separation crisis at the southern border of the United States, there is a much more prevalent and common form of family separation: parental incarceration. The United States is the largest incarcerator worldwide, and the surge in the incarceration of women has…

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A Blueprint for States To Solve the Mandatory Arbitration Problem While Avoiding FAA Preemption

By Sam Cleveland. Full Text. Employers are increasingly using mandatory pre-dispute arbitration clauses in employment contracts. Doing so gives employers benefits, such as privacy, the ability to select the arbitrators, and repeat players benefits, but they often leave employees without meaningful recourse when they are wronged, especially when class action waivers are used. This effect…

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