Completing the Quantum of Evidence: A Response to Daniel Capra and Liesa Richter’s Evidentiary Irony and the Incomplete Rule of Completeness
By Edward K. Cheng & Brooke Bowerman. Full Text. In Evidentiary Irony and the Incomplete Rule of Completeness, Daniel Capra and Liesa Richter propose an amendment to Federal Rule of Evidence 106, the “rule of completeness,” that formally recognizes the Rule’s trumping power over objections to hearsay. In this Response, we suggest a conceptual framework…
Continue ReadingAI Patents and the Self-Assembling Machine
By Dan L. Burk. Full Text. Legal scholarship has begun to consider the implications of algorithmic pattern recognition systems, colloquially dubbed “artificial intelligence” or “AI,” for intellectual property law. This emerging literature includes several analyses that breathlessly proclaim the imminent overthrow of intellectual property systems as we now know them. Indeed, some commentators have…
Continue ReadingThis is Minnesota: An Analysis of Disparities in Black Student Enrollment at the University of Minnesota Law School and the Effects of Systemic Barriers to Black Representation in the Law
By: Maleah Riley-Brown, Samia Osman, Justice C. Shannon, Yemaya Hanna, Brandie Burris, Tony Sanchez, and Joshua Cottle. Full Text. Correction: Upon release, this Article stated in Table 2 that enrollment of students of color in the first-year class totaled 45 students, making up 21.32 percent of the first-year class. This number was in error; the…
Continue ReadingThis is Minnesota: An Analysis of Disparities in Black Student Enrollment at the University of Minnesota Law School and the Effects of Systemic Barriers to Black Representation in the Law
By: Maleah Riley-Brown, Samia Osman, Justice C. Shannon, Yemaya Hanna, Brandie Burris, Tony Sanchez, and Joshua Cottle. Full Text. Correction: Upon release, this Article stated in Table 2 that enrollment of students of color in the first-year class totaled 45 students, making up 21.32 percent of the first-year class. This number was in error; the…
Continue ReadingReproducing Race in an Era of Reckoning
By Dov Fox. Full Text. What place should racial preferences have when people make a family? People might have all sorts of reasons for caring about race in their search for a romantic partner, sperm or egg donor, or child to foster or adopt. Maybe they think such resemblance will make it easier for them…
Continue ReadingMoving 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…
Continue ReadingLIBOR: 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,…
Continue ReadingHow 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…
Continue ReadingImagining the Progressive Prosecutor
By Benjamin Levin. Full Text. As criminal justice reform has attracted greater public support, a new brand of district attorney candidate has arrived: the “progressive prosecutor.” Commentators increasingly have keyed on “progressive prosecutors” as offering a promising avenue for structural change, deserving of significant political capital and academic attention. This Essay asks an unanswered threshold…
Continue ReadingRandom Selection for Scaling Standards
By Michael Abramowicz. Full Text. Governments distributing funds among many claimants often fail to ensure that those similarly situated are treated similarly. This Article proposes a novel solution that would reduce both adjudication costs and adverse effects of idiosyncratic decisionmaking. Claimants to a fund would sell their claims to intermediaries, and a small number of…
Continue Reading