Posts by lawreview

By: Jonathan Baker, Volume 104 Staff Member When the Framers adopted formal protections to free speech with the ratification of the Bill of Rights in 1791, information exchange and dissemination primarily occurred through “individuals talking one to another, . . . addressing town meetings[,]” or the publication of “handbills, newspapers and periodicals of a few pages, printed…

By: Jenna Hensel, Volume 104 Staff Member “Confirm Judge Brett Kavanaugh!” said President Donald Trump in a political ad posted to Facebook.[1] This is one of many political ads posted on social media by politicians. Social media companies such as Twitter are not regulated by the government.[2] This means that unlike government entities, social media…

By: Geoff Koslig, Volume 104 Staff Member The Fourth Amendment’s drafters could have scarcely imagined social media and the internet.[1] For decades, courts have struggled to apply the Amendment to searches of or utilizing new technologies.[2] Recently, courts have struggled with how the Fourth Amendment affects searches of the vast amount of data generated by…

By: William C. G. Wright, Volume 104 Staff Member With the advent of affordable commercial DNA testing services such as 23andMe, Ancestry, and MyHeritage, people are flocking to discover the secrets of their genetic code in unprecedented numbers.[1]  Researchers expect more than 74 million people will add their DNA to commercial databases between 2019 and…

By: Kathryn Campbell, Volume 104 Staff Member The United States loves to exercise control over cis-women’s bodies.[1] Notably, both federal and state governments seemingly fear the exposure of a cis-woman’s exposed “erogenous” areola—although men have them as well.[2] Perhaps the most archaic way in which governments within the United States attempt to regulate women’s bodies…

By Michaela Liesenberg, Volume 104 Staff Member Nationwide, the wedding industry generates annual revenue of over $78 billion.[1] As weddings are highly photographed events, spouses-to-be spend an average of $225 on hair and makeup services for their special day.[2] In 2019, Minnesota hosted 31,712 weddings and, if every couple who wed utilized hair and makeup…

By: Jenni Oprosko, Volume 104 Staff Member Minnesota has a long and complex history with liquor laws. In the 1800’s, Minneapolis created a quasi-zoning scheme to create areas where existing anti-salon laws would not apply.[1] In 1919 a Minnesotan, Andrew Volstead, introduced the act in the House of Representatives that eventually became the prohibition amendment.[2]…

By: Nathan Webster, Volume 104 Staff Member The pay-gap between men and women in the United States is well-established. Hispanic women make 58 cents for every dollar a white man makes.[1] Black women make 67 cents for every dollar earned by a white man.[2] White women make 79 cents.[3] Such disparities also cut across genders,…

By: Kaitie Eke, Volume 104 Staff Member In recent decades, advance care planning[1] (“ACP”) has gained momentum in the United States.[2] Through advance directives, a person can communicate their preferences and designate agents to make healthcare decisions on their behalf should the individual become incapacitated.[3] Those who complete advance directives may experience several benefits, including…