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.
HAS THAT NATION SIGNED?: HOW THE TENTH CIRCUIT’S DECISION IN MOBLEY CAN RESULT IN SERIOUS IMPLICATIONS FOR INTERNATIONAL PARENTAL KIDNAPPING
By: Cole Benson, Volume 105 staff member The case of United States v. Mobley was decided by the Tenth Circuit on August 21, 2020.[1] Mobley held that defendant parents who are found guilty for international kidnapping are not liable for restitution under 18 U.S.C. § 3663A(b)(4) when the other parents incur attorney’s fees in their…
Continue ReadingSTOPPING GAMESTOP’S “GAMESTONK”: WHY COURTS MUST CONFRONT GAMESTOP COLLUDERS AND PROHIBIT OPEN-MARKET MANIPULATION
By: Casey Epstein, Vol. 105 Note & Comment Editor INTRODUCTION Throughout January and into February, online traders frantically purchased GameStop stock, driving the down-on-its-luck company’s stocks into the stratosphere.[1] The GameStop investors—primarily small-scale Reddit users—have openly colluded against large hedge funds with short positions against GameStop.[2] The result: Many large hedge funds have lost…
Continue ReadingTWIST IT, PULL IT, BOT IT: DEVUMI, BOTS, AND THE END OF THE FTC’S POLITICAL NEUTRALITY
By: Lee Silberberg, Vol. 105 Staffer The FTC has broad authority under § 5(a) of the Federal Trade Commission Act to protect consumers from, “unfair or deceptive acts or practices in or affecting commerce[.]”[1] Under this grant of power, the FTC has the broad power to enforce against deceptive acts in a variety of fora…
Continue ReadingNOBODY WINS WITH SILENCE: WHY STATE GOVERNMENTS SHOULD LEVERAGE COVID-19 RELIEF TO DETER WORKPLACE GAG ORDERS
By: Frances Daniels, Volume 105 Staff Member INTRODUCTION The year 2020 has brought an unprecedented level of stress into the life of the average U.S. citizen;[1] a global pandemic, a highly polarized political election, civil unrest in the wake of the killing of George Floyd, and economic instability are just a few of the issues…
Continue ReadingDEFAMATION IN 280 CHARACTERS OR LESS: HOW DEFAMATION CASE LAW SHOULD EVOLVE TO HOLD POLICE ACCOUNTABLE FOR HARMFUL TWEETS
By: Eura Chang, Volume 105 Staff Member On June 1, 2020, people across the nation took to the streets to protest the murder of George Floyd at the hands of Minneapolis police and police brutality.[1] That same day, the Columbus Police Department (CPD), located in Ohio, posted a photo of a painted bus and a…
Continue ReadingACCESS DENIED: @REALDONALDTRUMP AND THE FIRST AMENDMENT
By: Emilie Erickson, Volume 105 Staff Member Although former-President Obama revolutionized using social media for political mobilization,[1] President Trump’s use evolved Twitter into a real political tool “fully integrated . . . into the very fabric of his administration.”[2] From claiming voter fraud[3] to announcing key foreign policy[4], President Trump has done it all on…
Continue ReadingWHEN VIRAL VIDEOS BECOME A NATIONAL SECURITY THREAT: TIKTOK INC. V. TRUMP
By: Haille Laws, Volume 105 Staff Member On August 23, 2019, President Donald Trump tweeted that “American companies are hereby ordered to immediately start looking for an alternative to China, including bringing . . . your companies [home] and making products in the USA.”[1] In an apparent effort to prove that the president had legal…
Continue ReadingBUT I WANT TO BE FIRST: A COURT’S CURIOUS CHOICE OF REMEDY TO MINNESOTA’S CHALLENGED BALLOT ORDER STATUTE
By: Billy Price, Volume 105 Staffer Before a single general election ballot was cast, commentators were already referring to the 2020 election as “on track to the be the most litigated ever,”[1] thanks in large part to lawsuits concerning the complexities of voting during the COVID-19 pandemic.[2] Largely hidden by the drama of lawsuits concerning…
Continue ReadingAN UNEQUAL RIGHT TO VOTE: WHY COURTS SHOULD HOLD THAT DISPROPORTIONATE ALLOCATIONS OF BALLOT DROP BOXES AND POLLING PLACES VIOLATE THE EQUAL PROTECTION CLAUSE
By: Elliot Ergeson, Volume 105 Staff Member Voter suppression is a prominent issue in American elections.[1] One mechanism by which States engage in voter suppression is by closing or limiting the number of polling places in certain areas.[2] During the COVID-19 pandemic, however, many voters chose to vote by mail rather than in person for…
Continue ReadingIS THE GREEN NEW DEAL DEAD ON ARRIVAL? THE CASE FOR “JUSTICE-PROOFING” PROGRESSIVE CLIMATE LEGISLATION IN THE NEW ACB-ERA
By: Alexandria Dolezal, Volume 105 Staff Member On September 18, 2020, Justice Ruth Bader Ginsburg died at age 87, after a long battle with pancreatic cancer.[1] Days before her death she communicated to her granddaughter that her “most fervent wish [was] that [she] not be replaced until a new president is installed.”[2] That wish did…
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