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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 INTERNATIONAL SPECIAL PROSECUTOR’S OFFICE: MINIMIZING PRESIDENTIAL INFLUENCE IN PROSECUTION OF POLITICAL CRIMES AND CORRUPTION

By: Rachel Wydra, Volume 104 Staff Member I.  ROGER STONE AND PRESIDENTIAL INFLUENCE OVER CRIMINAL PROSECUTIONS One of the more recent developments in the long saga of the Mueller investigation was the filing of two different government recommendations for the sentencing of Roger Stone.[1] Stone,  a long-time Republican advisor and ally of President Donald Trump,…

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CASH NOT WELCOME HERE: THE TREND (AND BACKLASH) TOWARDS CASHLESS RETAIL

By: Matthew Cavanaugh, Volume 104 Staff Member Michael Rosen really wanted a pair of headphones. So much so, in fact, that he filed a lawsuit against Continental Airlines (now United Airlines).[1] In 2011, Rosen, an attorney, brought four separate claims against the airline based on its refusal to allow him to purchase a $3 pair…

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WHEN CROSS-EXAMINATION INTO A VICTIM’S IMMIGRATION STATUS CROSSES THE LINE: THE RELEVANCY AND RISK OF PREJUDICE OF U VISA EVIDENCE

By: Nick Wolfson, Volume 104 Staff Member Although undocumented immigrants are more likely than citizens to be the victims of crimes committed in the United States, undocumented immigrants are less likely to report those crimes to law enforcement.[1] Fear of removal (deportation) is one reason why many victims choose not to report even the most…

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ESPORTS AND THE DUAL DISTRIBUTION PROBLEM

By: Michael Arin, Volume 104 Editor Riot Games, the publisher of the games League of Legends and Valorant, recently released their North America Community Competition Guidelines,[1] which detail conditions for the use of their intellectual property during third-party organized competition.[2] The guidelines include restraints on trade that go to the heart of the independent tournament…

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TELESCOPE MEDIA GROUP V. LUCERO: EIGHT CIRCUIT STRENGTHENS RELIGIOUS FREEDOM ARGUMENTS WHILE UNDERMINING IMPORTANT ANTI-DISCRIMINATION STATUTE

By: Cat Ulrich, Volume 104 Staff Member Minnesota has a long tradition of protecting minorities from discrimination[1], including those in the LGBTQ+ community.[2] One of the most important tools Minnesota has to protect against discrimination is the Minnesota Human Rights Act (MHRA).[3] MHRA states that it is the public policy of the state that persons…

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FACEBOOK AND THE FRAGMENTED FREE MARKETPLACE OF IDEAS

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…

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PICKING UP THE FLAG ON ILLEGAL PROCEDURE: WHY RULE 41 OF THE FEDERAL RULES OF CRIMINAL PROCEDURE NEEDS TO BE UPDATED WITH THE TIMES

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…

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