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De Novo Archive

De Novo is the newest addition to the Minnesota Law Review family. The blog serves as a forum through which the staff, editors, and alumni of the Minnesota Law Review can contribute to legal thought and academic debate.

PAYCHECK PROTECTION DISCRIMINATION: DENIAL OF LOANS TO SEX-RELATED BUSINESSES IS A DANGEROUS EXPANSION OF GOVERNMENT SPEECH

By: Kelly Zech, Volume 105 Staff Member In March 2020, to combat the spread of the COVID-19 pandemic, government orders resulted in a sudden and unprecedented nationwide business shutdown. At the same time, Congress passed the historic Coronavirus Aid, Relief, and Economic Security (CARES) Act.[1] A provision of the CARES Act entitled “Keeping American Workers…

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DRAMATIC FACTS AND DRAMATIC IMPLICATIONS: SHOULD THE COMMUNITY CARETAKER EXCEPTION EXTEND TO THE HOME?

By: R. Willets Ely, Volume 105 Staff Member The Fourth Amendment guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” and that “no Warrants shall issue, but upon probable cause.”[1] The Supreme Court has interpreted the Fourth Amendment to generally require a warrant…

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NO SHELTER IN THIS PLACE: HOW THE COVID-19 PANDEMIC’S FRUSTRATION OF DOMESTIC VIOLENCE LEGAL PROCEEDINGS CAN GENERATE VICTIM-CENTERED REFORM

By: Samantha Marquardt, Volume 105 Staff Member  COVID-19 has given rise to what has been called a second “invisible” pandemic of domestic violence.[1] Stay-at-home orders, increased economic insecurity, and crisis-induced stress have all contributed to a surge of domestic violence cases around the world.[2] In the state of Minnesota, domestic violence shelter requests spiked shortly…

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ROBINHOOD’S GOAL IS NOT TO ‘DEMOCRATIZE FINANCE FOR ALL’: DON’T EXPECT GAMESTOP BUYERS’ LAWSUITS TO CHANGE THAT

By: Daniel Raddenbach, Volume 105 Staff Member INTRODUCTION             Robinhood, an investment app designed to make trading easy for small investors,[1] caught national attention in January when hordes of its users banded together to defeat hedge funds[2] who were actively profiting from the decline of the value of GameStop stock.[3] Robinhood’s decision to temporarily halt…

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