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.
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.
Continue ReadingAmateurs by the Hour
AMATEURS BY THE HOUR: EXPERIMENTAL AIRCRAFT COMPLETION CENTERS AND TORT LIABILITY By: Mitchell Williams, Volume 103 Staff Member In the wake of the recent air disasters involving Boeing 737 MAX airplanes,[1] much media attention has been directed to the Federal Aviation Administration (“FAA”) for inadequacies in its certification process.[2] While stories like this are sensational to the…
Continue ReadingThere and Back Again
THERE AND BACK AGAIN: THE NLRB’S RECENT JOURNEY THROUGH WORKER CLASSIFICATION UNDER THE NLRA By: Alex Shaner, Volume 103 Staff Member In the modern “gig” economy, a critical issue for access to labor rights comes down to how a worker is labeled.[1] Is a worker an employee or an independent contractor? Recent data from the Bureau…
Continue ReadingHOLISTIC CARE BEGINS WITH SAFE USE PRACTICES
HOLISTIC CARE BEGINS WITH SAFE USE PRACTICES: SAFE INJECTION SITES AS CRUCIAL PIECES TO FIGHTING THE OPIOID EPIDEMIC By: Michelle Cardona Vinasco, Volume 103 Staff Member While using drugs may initially start off as a choice, it often ceases to be one; addiction takes this choice away. Helping people obtain treatment should be one of the…
Continue ReadingIS A GOOGLE SERVER A “PLACE” FOR PURPOSES OF PATENT VENUE?
IS A GOOGLE SERVER A “PLACE” FOR PURPOSES OF PATENT VENUE? THE FEDERAL CIRCUIT’S REFUSAL TO REHEAR IN RE GOOGLE HINTS THAT IT MIGHT BE By: Jenna Saunders, Volume 103 Staff Member The Supreme Court’s recent holding in TC Heartland has given patent litigators yet another opportunity to challenge the patent system’s adaptability to our technologically driven society. This case…
Continue ReadingDEMOCRACY UNCAGED
DEMOCRACY UNCAGED: FLORIDA VOTERS STRIKE DOWN CONSTITUTIONAL REMNANT OF THE JIM CROW ERA AND SET STAGE FOR 2020 ELECTION By: Conor Hume, Volume 103 Staff Member What does it mean to be an American citizen when the law prevents you from participating in democracy? The answer to this question lies in the struggle that minority…
Continue ReadingPICK UP THE PACER
PICK UP THE PACER: PROGRESS ON THE HORIZON FOR AN OUTDATED AND OVERPRICED SYSTEM By: Megan Square, Volume 103 Staffer “The Wall” has become a recent subject of hot debate. Discussions highlighting its astronomical cost and questionable legality have come to the fore, with some observers even proposing that the idea should be scrapped altogether.[1] These…
Continue ReadingCHANGING TIDES
Changing Tides: Article III Standing and Climate Change Litigation By: Hillary Hoffman, Volume 103 Staff Member Globally, young people are attempting to assert their stake in the future of the environment through litigation.[1] This should come as no surprise, since young people will surely be the most severely impacted by climate change.[2]However, courts—or at least U.S.…
Continue ReadingREHEATING THE COLD WAR
REHEATING THE COLD WAR By: Bonny Birkeland, Volume 103 Staff Member “We really have no choice. Perhaps we can negotiate a different agreement adding China and others, or perhaps we can’t. And in which case, we will outspend and out-innovate all others by far.”[1] — President Trump At the State of the Union Address, President Trump reiterated…
Continue ReadingALL WORK AND NO PAY
ALL WORK AND NO PAY: HOW A STATUTORY CHANGE COULD PROTECT FEDERAL EMPLOYEES’ RIGHTS DURING GOVERNMENT SHUTDOWNS By: Brooke Robbins, Volume 103 Staff Member Spurred by political disagreement, recently, there has been a surge in extended government shutdowns.[1]There are huge costs associated with government shutdowns. For example, the most recent thirty-five-day shutdown under the Trump…
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