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.
MARRIAGE MIGHT GET MORE EXPENSIVE: CAN BANKS REQUIRE SPOUSES TO GUARANTEE LOANS?
By: Alec Mitchell, Volume 104 Staff Member I. INTRODUCTION The basic concept of a loan is simple: an individual walks into a bank and the bank gives them money on their promise to pay it back, with interest. But what if the bank is worried that the individual might not pay the money back? Banks…
Continue ReadingDIGITAL ASYLUM: WHAT CAN ONLINE SOCIAL GROUPS TELL US ABOUT THE CURRENT STATE OF U.S. ASYLUM LAW?
By: Cooper Christiancy, Volume 104 Staff Member In William Gibson’s 1984 cyberpunk novel Neuromancer, a dystopian technological landscape bounds social identity around lines of class, legality, and cyber-implants.[1] Neuromancer follows the trail of a washed-up antihero whose identity is structured around his interactions with “the matrix,” the sum total of humanity’s digital experience.[2] Gibson’s society…
Continue ReadingPUBLIC HEALTH—1, ANTI-VAXXERS—0: WHY YOUR RELIGIOUS BELIEFS SHOULDN’T JEOPARDIZE OUR CHILDREN’S HEALTH AND SAFETY
By: Jessica Szuminski, Volume 104 Staff Member What’s more important: the right to freely practice religion, or the right of children to not die from deadly but eradicable diseases? The state of New York determined that the latter was more pressing on August 23, 2019, when the state district court blocked a preliminary injunction in…
Continue ReadingCRIMINAL PROCEDURE AT 30,000 FEET: FINDING A PROPER VENUE FOR CRIMES COMMITTED DURING AIR TRAVEL
By: Ryan Plasencia, Volume 104 Staff Member Commercial air travel is ubiquitous and essential to the American traveler. Indeed, in 2017 alone, United States citizens accounted for 632 million flight passengers.[1] Outside of the occasional delay or cancellation, the vast majority of these flights were smooth, if mundane, experiences for passengers. But the experience of…
Continue ReadingGIVE ME YOUR TIRED, YOUR HUNGRY, WHO CAN AFFORD RENT: WHY THE PUBLIC CHARGE RULE IS ARBITRARY AND CAPRICIOUS
By: Mimi Alworth, Volume 104 Staff Member Since the late 1800s, the United States’ immigration policy has maintained that a foreign person seeking to enter the United States can be turned away if she is a “Public Charge.” The definition historically includes only the most destitute applicant.[1] However, in 2018, the Department of Homeland Security…
Continue ReadingHOUSING IS JUSTICE: THE MINNEAPOLIS RENTERS PROTECTION ORDINANCE IS A STEP IN THE RIGHT DIRECTION FOR CRIMINAL JUSTICE REFORM
By: Olivia Levinson, Volume 104 Staff Member A single interaction with the criminal justice system can permanently label someone a “dangerous neighbor” and unwanted in communities.[1] Over the summer of 2019, the Minneapolis City Council recently debated how criminal records can be a barrier to finding housing, eventually creating an amendment to title 12, Chapter…
Continue ReadingTHE PATH IS CLEARED: A GROWING BODY OF CASE LAW UPHOLDS STATES’ REMOVAL OF NON-MEDICAL VACCINATION EXEMPTIONS; MINNESOTA SHOULD BE NEXT
By: Meredith Gingold, Volume 104 Staff Member INTRODUCTION So far in 2019, two events have taken place: (1) more than 1,200 cases of measles have been reported in the United States, in 31 states so far,[1] and (2) 20 states have introduced legislation to expand non-medical exemptions[2] for vaccines or to require doctors to provide…
Continue ReadingCARPENTER V. MURPHY: A REEXAMINATION OF THE CREEK NATION IN OKLAHOMA
By: Aron Mozes, Volume 104 Staff Member The pending Supreme Court case Carpenter v. Murphy[i] presents an intersection of the history, laws, and legislative actions surrounding the Creek Nation in Oklahoma, as well as a broader re-examination of the relationship between Native American tribes and the federal government. The case considers whether the 1866 territorial…
Continue ReadingNO LEG TO STAND ON: HOW THE FEDERAL CIRCUIT IMPROPERLY RESTRICTED THE APPLICATION OF THE COMPETITOR STANDING DOCTRINE TO PATENT CHALLENGERS WHEN ESTABLISHING ARTICLE III STANDING UPON APPEALING AN INTER PARTES REVIEW
By: Ryan Fitzgerald, Volume 104 Staff Member The Federal Circuit’s recent holding in General Electric Co. v United Technologies Corp.[i] increases the difficulty for competitors to challenge the validity of a patent in court after an adverse inter partes review (IPR) decision.[ii] An IPR allows any person or institution to challenge the validity of a…
Continue ReadingA REGULATORY FUMBLE: THE CHANGING REGULATORY SCHEME SURROUNDING GAMBLING AND DAILY FANTASY SPORTS
By: Paul Strey, Volume 104 Staff Member INTRODUCTION On September 26, 2019, the National Football League formally announced that DraftKings would be the official daily fantasy provider for professional football.[1] The partnership allows DraftKings to use the official NFL logo, special highlight reels, and the NFL’s NextGen statistics program.[2] This endorsement represents the first time…
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