On Sacred Land
By Khaled A. Beydoun. Full Text. From 2010 through the present, land-use discrimination against Muslims marked a prolific uptick—sixty percent greater than that of the post-9/11 period. Most startlingly, only twenty percent of Muslim land use disputes were resolved without a federal suit, compared to eighty-four percent of suits involving a non-Muslim claimant. This highlights…
Continue ReadingCatalyzing Privacy Law
By Anupam Chander, Margot E. Kaminski, and William McGeveran. Full Text. The United States famously lacks a comprehensive federal data privacy law. In the past year, however, over half the states have considered broad privacy bills or have established task forces to propose possible privacy legislation. Meanwhile, congressional committees are holding hearings on multiple privacy…
Continue ReadingLaw Enforcement’s Lochner
By Miriam H. Baer. Full Text. Long-established rules of constitutional criminal procedure empower the government to cheaply and efficiently demand information from businesses and corporations, even when those entities are themselves criminal and regulatory targets. These rules have become extremely valuable to government investigators, notwithstanding their contestable premises and wide-ranging effects on the people who…
Continue ReadingStanding 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…
Continue ReadingDistributional Arguments, in Reverse
By Alex Raskolnikov. Full Text. What should the government do about the distribution of resources and outcomes in society? Two arguments have shaped academic debates about this question for several decades. The first argument states that economic regulation should focus on efficiency alone, leaving distributional considerations for the tax-and-transfer system. The second argument objects to…
Continue ReadingCompleting 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…
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