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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.

CITIES ARE TURNING ON CONVERSION THERAPY BANS

By: Melanie Griffith, Volume 104 Staff Member INTRODUCTION The tides are turning on the trend of conversion therapy bans. Conversion therapy is a controversial practice that purports to “cure” homosexual or transgender individuals by attempting to change their sexual orientation or gender identity.[1] Therapists use methods ranging from aversion therapy and shock therapy to seemingly-benign…

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NO TOLL FOR THE TAXPAYER: FINANCIAL DISABILITY, STATUTE OF LIMITATIONS REFUND TOLLING, AND COURTS’ STRICT APPLICATION OF “AUTHORITY”

By: Casey Epstein, Volume 104 Staff Member INTRODUCTION Imagine you are poor, mentally-ill, and struggle to manage your finances. You granted your adult son durable power of attorney (“DPA”),[1] but are no longer on speaking terms with him. You work a low-wage, menial job and your paychecks are subject to typical tax withholdings. Because of…

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The Law Review Appears on NPR’s Planet Money

Law Review Editor Thomas Hansfield appeared on NPR‘s Planet Money podcast to discuss his Minnesota Law Review article about in-game video game purchases and whether or not they fit the legal definition of gambling.  Listen to the podcast episode here.

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Judicial Attire: An Alteration to “Under the Robes”

By: Erik M. Jensen* In 2009, the GreenBag, which (with justification) bills itself as An Entertaining Journal of Law, published my revealing essay on judicial attire—or, more precisely, on what is hidden by judicial attire[i]—Under the Robes: A Judicial Right to Bare Arms and Legs and . . .?[ii]  Along the way I hypothesized that, because a judicial…

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Superbowl Dreams Crushed: But a Lawsuit Is Not the Answer

During the Saints-Rams NFC championship game in early 2019 the referees missed a pass interference call that many experts agree cost the Saints the game. Even the National Football League (NFL) acknowledges that its referees missed the penalty call. With that call, the Saints very likely would have won the game and earned a spot in Superbowl LIII because the penalty would have given the team a first down, which would have allowed them to run out the clock before attempting their game winning field goal.

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Loot Box Lottery: How the Backlash Against Video Game Loot Boxes Is Affecting Game Developers, Retailers, and Consumers in the Legal Sphere

Confetti! Bright colors! Candy! Little Billy’s eyes are fixed on the screen. He just broke open a Llama Piñata in his favorite video game, Fortnite, with hopes of receiving a rare in-game item he has long desired. Alas, he sees the results and sighs in disappointment. Nothing. Just some useless items he won the day before.

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Nielsen v. Preap and How the Way That We Interpret Language Can Change Lives and What Else We Should Consider During Statutory Interpretation

In 1893, Edward Bulwer-Lytton wrote that “[t]he pen is mightier than the sword.” That may be so, but more power lies with he who interprets the words than he who writes them. By using ordinary tools of statutory construction, the Supreme Court interpreted the Apprehension and Detention of Aliens Act and sealed the fate of countless aliens in the United States.

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No More Surprises: Patients fight back against Surprise Medical Bills

Before his 2013 surgery for herniated disks, Peter Drier checked off all the boxes a diligent patient could: he made sure the facility was in-network, the surgeon was in-network, and he even ensured the anesthesiologist would be in-network. Nonetheless, during the surgery an out-of-network assistant surgeon—whom Drier had never met—stepped in to help.

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