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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.

From Bulbs to Bitcoins

FROM BULBS TO BITCOINS: THE LEGALITY OF CORPORATE BANKING RESTRICTIONS ON CREDIT CARD CRYPTO-CURRENCY PURCHASES By: Peter G. Economou, Vol. 102 Staff Member The modern world is one of exponential technological innovation and growth. From drone delivery services and autonomous vehicles, to artificially intelligent personal assistants capable of becoming either your closest ally or immortal…

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Waiting on You, SEC

WAITING ON YOU, SEC: ARE CRYPTOCURRENCIES SECURITIES OR NOT? By: William Paterson, Volume 102 Staff Member Love it or hate it, cryptocurrency[1] is likely here to stay. Although confusing to many, entirely unknown to some, or disdained by others, cryptocurrencies have found a niche.[2] This niche has led to popularity and like other commodities,[3] such…

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Net Neutrality

NET NEUTRALITY: A SOLUTION TO A PROBLEM OR A SOLUTION IN SEARCH OF A PROBLEM? By: Tash Bottum, Volume 102 Staff Member The internet is everywhere. The last two decades have seen extraordinary growth in internet use, investment and innovation.[1] In order to ensure continual growth, the Federal Communications Commission (“FCC”) has committed itself to…

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Clearinghouses

CLEARING HOUSES: THE ROAD MORE TRAVELLED[1] By: James Patterson, Volume 102 Staff Member Imagine two roads running through a rural county. One is ungraded, dark, and winding. The other is straight, well lit, and nicely paved. Imagine also that the county’s roads have tolls that are levied based on the dangerousness of the type of…

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Of T-Shirts and Tea Parties

OF T-SHIRTS AND TEA PARTIES: MINNESOTA VOTERS ALLIANCE V. MANSKY AND THE MEANING OF “POLITICAL” By: David A. LaBerge, Volume 102 Staff Member In Minnesota, wearing political clothing to a polling place can land you a petty misdemeanor and keep you from casting your vote.[1] At least for now. On February 28th, 2018, the United…

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Unlocking Fifth Amendment Considerations in State v. Diamond

UNLOCKING FIFTH AMENDMENT CONSIDERATIONS IN STATE V. DIAMOND: WHY REMOVING THE FINGERPRINT PASSWORD CAPABILITY ON YOUR CELL PHONE IS IN YOUR BEST INTEREST By: Jordan Dritz, Volume 102 Staff Member In the age of smart phones, people regularly protect content on their devices through passcodes. Modern cellphones often offer the option of a fingerprint password…

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What Trump Can Learn from Tricky Dick

WHAT TRUMP CAN LEARN FROM TRICKY DICK: AN OVERVIEW OF WHETHER THE PRESIDENT CAN FIRE SPECIAL COUNSEL ROBERT MUELLER By: Robert Wild, Volume 102 Staff Member It has been rumored over the past few months that President Donald Trump has considered firing Special Counsel Robert Mueller.[1] Those rumors were all but officially confirmed by the…

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“O Vengeance!—Why What an Ass Am I?”

“O VENGEANCE!—WHY WHAT AN ASS AM I?”[1]: LOOKING PAST THE REVENGE PLOT OF THE AT&T-TIME WARNER MERGER By: Derek Waller, Volume 102 Staff Member Even before the Department of Justice (DOJ) sued to block the AT&T’s merger with Time Warner (CNN’s parent company), reporters and pundits speculated that President Trump’s notorious rivalry with CNN could…

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Too Much Information?

TOO MUCH INFORMATION? BALANCING DISCLOSURE AND PRIVACY INTERESTS IN MAKING DOMESTIC ABUSE A MATTER OF PUBLIC RECORD By: April Will, Volume 102 Staff Member In the modern age of internet and “app” dating, anyone can fire up a Google search and evaluate a potential partner. Savvy searchers can uncover anything from their love interest’s prior…

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An Illusory Sanctuary

AN ILLUSORY SANCTUARY: HOW IMMIGRATION LAW AND POLICY FAIL TO PROTECT IMMIGRANTS FROM DEPORTATION By: Kayla Hoel, Volume 102 Staff Member At two in the morning on October 24, 2017, an ambulance carrying a ten-year-old child to an emergency surgery in Corpus Christi, Texas, was stopped at an immigration checkpoint.[1] The child, Rosa Maria Hernandez,…

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