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.
IS 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…
Continue ReadingGUILTY UNTIL EXPUNGED: HOW MINNESOTA’S PUBLIC RECORDS POLICIES NEEDLESSLY BURDEN RENTERS
By: Ashley Meeder, Vol. 105 Staff Member If you have $285 for a filing fee and 20 minutes to fill out a form in Minnesota, you can ruin someone’s life.[1] Filing an eviction complaint starts a legal battle, but renters are wounded before they even enter a court room. In Minnesota, evictions are publicly accessible…
Continue ReadingTHE LAW DOESN’T CARE ABOUT YOUR FEELINGS: BEN SHAPIRO’S UNSUCCESSFUL FIRST AMENDMENT SUIT AGAINST THE UNIVERSITY OF MINNESOTA AND THE CASE FOR PUBLIC SAFETY-BASED SPEECH RESTRICTIONS
By: Alenah Luthens, Volume 105 Staff Member “Facts don’t care about your feelings” is conservative pundit Ben Shaprio’s trademark phrase.[1] And he’s right. Indeed, the phrase proved particularly true in Young America’s Found. v. Kaler where Shapiro’s free speech lawsuit against the University of Minnesota (University) ultimately fell flat.[2] The case began in 2018 when…
Continue ReadingCONTRACTS AND COVID-19: DEFENDING NONPERFORMANCE WITH FRUSTRATED PURPOSE AS A SHIELD
By: Brice Michka, Volume 105 Staff Member As the United States trudged through the most grueling months of the COVID-19 pandemic, countless contracts were affected. Many sporting organizations, including the National Basketball Association, Kentucky Derby, NASCAR, Indianapolis 500, Major League Soccer, National Hockey League, and others, changed their seasons drastically through postponement or cancellation.[1] Many…
Continue ReadingNBA PLAYERS PROTEST: WHY THEIR REFUSAL TO PLAY COULD PROVOKE LEGAL RAMIFICATIONS
By: Jason Leadley, Volume 105 Staff Member On August 23, 2020, police officers shot Jacob Blake, a 29-year-old Black man from Kenosha, Wisconsin, sparking protests.[1] Following the shooting, the Milwaukee Bucks decided not to take the floor in their Game 5 playoff matchup against the Orlando Magic.[2] The NBA players, alongside other professional athletes, sought…
Continue ReadingTAKING CARE: HOW THE LAW CAN INCENTIVIZE PERSONAL RESPONSIBILITY IN AN AGE OF PANDEMICS
By: Nathan Webster, Volume 105 Managing Editor As the United States confronts the Coronavirus pandemic, experts are devoting considerable thought to discerning the best method for overcoming the crisis. While most overt discussions center on the ways medical science can help treat the disease, policymakers are expending considerable time using their legal authority to…
Continue ReadingPRISONER’S DILEMMA? HOW THE EIGHTH CIRCUIT RESOLVED A JURISDICTIONAL ODDITY ARISING FROM FEDERAL HABEAS MOTIONS
By: Spencer Davis-Vanness, Volume 104 Staff Member In a recent case, Ralph Duke—prosecuted and convicted in Minnesota during the early 1990s as one of the state’s biggest-ever drug dealers—successfully challenged elements of his conviction under a habeas petition in federal district court in Wisconsin, where he was imprisoned. Shortly thereafter, Duke was returned to Minnesota…
Continue ReadingUNITED STATES V. NEWSOM: CALIFORNIA’S FIGHT AGAINST PRIVATIZED IMMIGRATION DETENTION
By: Natalie Feeney, Volume 104 Staff Member Private prisons have become a focal point of American criminal justice reform in recent years, especially in regard to solving the problem of mass incarceration.[1] According to data from 2017, the number of individuals incarcerated in privately-owned prisons has increased 39.3 percent since 2000, even though the overall…
Continue ReadingCLIMATE CHANGE ISN’T MATERIAL?: HOW PEOPLE OF THE STATE OF NEW YORK V. EXXON MOBIL CORPORATION HIGHLIGHTS THE NEED FOR MANDATORY GREENHOUSE GAS EMISSION DISCLOSURES
By: Han Li, Volume 104 Staff Member Over the past three years, major climate disasters have cost the U.S. over $450 billion.[1] The rate of extreme weather events have doubled over the past five years, meaning these costs will only increase.[2] The threat is anything but silent, however, as climate change is now among the…
Continue ReadingTAP A BUTTON, GET DENIED: UBER’S NONCOMPLIANCE WITH THE ADA
By: Carmen Carballo, Volume 104 Staff Member I. A CRASH COURSE ON UBER & SERVICE ANIMALS The basic idea behind Uber is simple — “tap a button, get a ride.”[1] With this simple concept, Uber grew from a small app-based company in San Francisco[2] to an indispensable part of modern life. Uber currently operates in…
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