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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.

DIGITAL 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…

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CRIMINAL 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…

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GIVE 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…

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HOUSING 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…

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THE 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…

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CARPENTER 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…

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NO 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…

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A 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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SEVENTH CIRCUIT’S LEGAL PRUDISHNESS: INCORRECT DECISION IN TRAN CREATES A SPLIT

By: Zach Wright, Volume 104 Staff Member The Seventh Circuit decided Tran v. Minnesota Life Ins. Co. (“Tran”) in April of 2019.[I] Tran stemmed from a beneficiary’s claim for benefits under an ERISA-governed life insurance policy after their spouse died engaging in autoerotic asphyxiation.[ii] The court held that a reasonable person would conclude death by autoerotic asphyxiation…

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