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Volume 109 – Issue 2

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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Reengineering Financial Market Infrastructure

By David A. Wishnick. Full Text. Scholars often portray financial regulators as eternal followers of the private sector, ever struggling to “keep pace” with technological change. But the image of the reactive, pace-keeping regulator obscures as much as it reveals. This Article challenges the conventional depiction by highlighting regulatory efforts to reengineer the infrastructure of…

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Disability Admin: The Invisible Costs of Being Disabled

By Elizabeth F. Emens. Full Text. Disability law has failed to account for a form of labor that especially burdens people with disabilities. That labor is the office-work of life, also called life admin. Disability spurs three main forms of life admin: medical admin, benefits admin, and discrimination admin. First, the managerial and secretarial labor…

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Subverting Title IX

By Emily Suski. Full Text. Thousands of sexual assaults happen to children in K–12 public schools each year, but the federal courts regularly allow the schools to do almost nothing in response. Title IX exists to ensure that public schools protect students from sexual assaults, harassment, and other forms of sex discrimination. Yet, the federal…

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Equalizing Parental Leave

By Deborah A. Widiss. Full Text. The United States is the only developed country that fails to guarantee paid time off work to new parents. As a result, many new parents, particularly low-wage workers, are forced to go back to work within days or weeks of a birth or adoption. In recent years, a growing…

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The Hidden Rules of a Modest Antitrust

By Ramsi A. Woodcock. Full Text. Reforming antitrust’s rule of reason by shifting burdens of proof to defendants will not solve antitrust’s enforcement drought. For the drought is due in part to the cost to enforcers of identifying rule of reason cases to bring and not just to the cost of winning the cases that…

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States, the Final Frontier: How Minnesota’s State Constitution Can Serve as New Ammunition in the Fight Against Prison Gerrymandering

By Meredith Gingold. Full Text.  “Prison gerrymandering” is the term for the United States Census Bureau’s practice of counting incarcerated individuals toward the population of the district where they are incarcerated, not the district where they resided before incarceration. Prison gerrymandering systematically transfers population and political power from urban districts to rural districts, as the…

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The Influence of Alice: A Response to Jay P. Kesan & Runhua Wang’s Eligible Subject Matter at the Patent Office: An Empirical Study of the Influence of Alice on Patent Examiners and Patent Applicants

By Daryl Lim. Full Text.  The Supreme Court’s decision in Alice Corp. v. CLS Bank has had a decimating influence on patents and patent applications.  Its long shadow looms over every stage of a patent’s life cycle—from prosecution to litigation and the administrative post-grant process at the patent office. In their article, Professor Jay Kesan…

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In trust, data

By Keith Porcaro. Full Text. This Essay explores how the trust, and specifically the asset management functions that trust law affords, can be used to ameliorate select digital governance challenges. A trust’s ability to isolate assets can protect public interest technology projects against organizational failure, facilitate archiving and study of proprietary and deprecated software, and…

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