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.
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…
Continue ReadingTHE 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,…
Continue ReadingCASH 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…
Continue ReadingWHEN 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…
Continue ReadingESPORTS 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…
Continue ReadingWHEN FINAL MEANS FINAL: AN OVERVIEW OF WHEN A CRIMINAL SENTENCE IS IMPOSED WITH THE FIRST STEP ACT
By: Dan Otsuki, Volume 104 Staff Member Take a moment and consider you are watching a high-profile, maybe even celebrity criminal trial streaming online. Imagine further the jury, after months of listening to testimony and days of deliberating, comes back with a guilty verdict. We at home, riveted to our various screens, take a deep…
Continue ReadingTELESCOPE 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…
Continue ReadingSECOND CHANCES: MINNESOTA SHOULD BAN DE FACTO LIFE SENTENCES FOR JUVENILE OFFENDERS
By: Alina Yasis, Volume 104 Staff Member In the past few decades, advances in psychology and neuroscience have provided us with empirical data supporting the commonsense notion that the brain of a child or adolescent differs significantly from an adult brain.[1] Since the landmark decisions of Miller v. Alabama and Montgomery v. Louisiana, our legal…
Continue ReadingFACEBOOK 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…
Continue ReadingNO MORE POLITICAL ADS! WHY TWITTER’S DECISION TO BAN ALL POLITICAL AND CAUSE-BASED ADS IS REALLY OKAY
By: Jenna Hensel, Volume 104 Staff Member “Confirm Judge Brett Kavanaugh!” said President Donald Trump in a political ad posted to Facebook.[1] This is one of many political ads posted on social media by politicians. Social media companies such as Twitter are not regulated by the government.[2] This means that unlike government entities, social media…
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