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.
Florida v. Riley: Foreshadowing Fourth Amendment Issues in 21st Century Aerial Surveillance and The Need for Clarity
Florida v. Riley: Foreshadowing Fourth Amendment Issues in 21st Century Aerial Surveillance and The Need for Clarity By: Christopher Beglinger, Volume 103 Staff Member At its core, the Fourth Amendment reflects the maxim “every man’s house is his castle.”[1] Founded on the Framer’s opposition to abuses of power in searching private homes,[2] the Fourth Amendment affirms the…
Continue ReadingDISNEY-FOX, AT&T-TIME WARNER, AND DOJ INCONSISTENCY
DISNEY-FOX, AT&T-TIME WARNER, AND DOJ INCONSISTENCY By: Shashi Gowda, Volume 103 Staff Member In October 2016, AT&T Inc. (“AT&T”) announced that it would be acquiring TimeWarner Inc. (“TimeWarner”) through a $108.7 billion purchase.[1] Two years later, The Walt Disney Company (“Disney”) announced that it would be acquiring Twenty-First Century Fox, Inc. (“Fox”) for $71.3 billion.[2] Both potential…
Continue ReadingGOVERNMENT CAN’T HAVE ITS CAKE AND EAT IT TOO
GOVERNMENT CAN’T HAVE ITS CAKE AND EAT IT TOO: WHY GOVERNMENT SHOULD NOT INITIATE A CBM REVIEW AND ESCAPE AIA ESTOPPEL PROVISION By: Seung Sub Kim, Volume 103 Staff Member What is a person? Although it is often used as a synonym for “a human being,”[1] courts have expanded the term to include a corporation[2] while ruling…
Continue ReadingA LESSON IN STATUTORY INTERPRETATION
A LESSON IN STATUTORY INTERPRETATION: AZAR V. ALLINA HEALTH SERVICES AND IMPLICATIONS FOR THE HEALTHCARE AND ADMINISTRATIVE LAW WORLDS By: Allisa Newman, Volume 103 Staff Member Medicare administration has met its match. An already technical healthcare statute is under scrutiny to navigate proper rulemaking procedure for its administration. On January 15, the Supreme Court heard oral arguments…
Continue ReadingPhysician Obligations to Suicidal Patients in the Era of Physician-Assisted Death Laws
By Kate Hanson, Volume 103 Staff Member On January 1st of this year, Hawaii became the eighth jurisdiction[1] in the United States to allow physician-assisted death. In physician-assisted death law jurisdictions, physicians may prescribe medication to hasten death,[2] and patients retain the choice to fill the prescription and to ingest the medication. Physician-assisted death is narrowly defined,…
Continue ReadingConstructing the Sandwich
By Alexander Park Introduction What is a sandwich? Most people never stop to ask themselves this question. After all, the answer seems almost too obvious—two slices of bread with meat, cheese, or some sort of filling between the two slices of bread. In recent years, this question has been in the popular media’s spotlight. One question,…
Continue ReadingConstructing the Sandwich
Constructing the Sandwich By Alexander Park Introduction What is a sandwich? Most people never stop to ask themselves this question. After all, the answer seems almost too obvious—two slices of bread with meat, cheese, or some sort of filling between the two slices of bread. In recent years, this question has been in the popular…
Continue ReadingPhysician Obligations to Suicidal Patients in the Era of Physician-Assisted Death Laws
PHYSICIAN OBLIGATIONS TO SUICIDAL PATIENTS IN THE ERA OF PHYSICIAN-ASSISTED DEATH LAWS By: Kate Hanson, Volume 103 Staff Member On January 1st of this year, Hawaii became the eighth jurisdiction[1] in the United States to allow physician-assisted death. In physician-assisted death law jurisdictions, physicians may prescribe medication to hasten death,[2] and patients retain the choice to fill…
Continue ReadingSLAPPing Down Discriminatory Voter Fraud Prosecutions
SLAPPing Down Discriminatory Voter Fraud Prosecutions: A Possible Solution to a Problem that Threatens to Chill Participation in Elections By: Sam Cleveland, Volume 103 Staff Member INTRODUCTION A sinister new trend in discriminatory prosecution of alleged voter fraud has compounded other problems which already make it difficult for many Americans. Unlike many other countries, election…
Continue ReadingThe Modern Public Forum
THE MODERN PUBLIC FORUM: GOVERNMENT-RUN SOCIAL MEDIA PAGES AND THE FIRST AMENDMENT By: Hudson Peters, Volume 103 Staff Member As American society becomes increasingly digitized, so too has political discourse. However, the law has generally not kept pace with the changing landscape, as more and more Americans interact with their government via the internet. The…
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