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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.

THE 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…

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CONTRACTS 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…

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NBA 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…

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TAKING 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…

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PRISONER’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…

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CLIMATE 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…

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TAP 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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ANTITRUST ENFORCEMENT BY ARBITRATION: DOJ’S USE OF ARBITRATION IN UNITED STATES V. NOVELIS PUTS MATTER OF CONSUMER PROTECTION IN QUESTIONABLE HANDS

By: Hugh Fleming, Volume 104 Staff Member The suit filed by the United States Department of Justice (DOJ) Antitrust Division against Novelis, Inc. began like any other antitrust enforcement action under the Clayton Act,[1] but quickly took an unusual turn: the parties decided to submit a central issue in the dispute to binding arbitration.[2] Novelis…

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