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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.

CURTAILING INTERNET EXCEPTIONALISM: FRANCES HAUGEN’S CALL TO AMEND SECTION 230 AND HOLD FACEBOOK ACCOUNTABLE FOR ITS ALGORITHMIC HARM

By: Ellison Snider, Volume 106 Staff Member Last month, Frances Haugen, former product manager at Facebook, testified to the Senate Committee on Commerce, Science, and Transportation about the company’s one-way mirror on its users.[1] After leaking private internal Facebook documents to the Wall Street Journal, Haugen showed the public that Facebook knows a lot about…

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CAN A NON-SECRET BE A STATE SECRET? EXAMINING STATE SECRETS PRIVILEGE IN UNITED STATES V. ZUBAYDAH

By: Kimberly Ortleb, Volume 106 Staff Member On October 6, 2021, the Supreme Court heard oral arguments for United States v. Zubaydah,[1] which presents the question of how far state secrets privilege extends. Zayn al-Abidin Muhammad Husayn (“Zubaydah”) was disappeared and tortured as a part of the CIA’s “enhanced interrogation” program in 2002.[2] From December…

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RISING TO THREE OCCASIONS: THE SUPREME COURT GRAPPLES WITH HOW TO COUNT PRIOR CONVICTIONS IN THE ACCA CONTEXT

By: Haley Wallace, Volume 106 Staff Member The Armed Career Criminal Act (ACCA)[1] was enacted to severely punish society’s worst criminal offenders.[2] Congress passed the ACCA in 1984 specifically to target the “most dangerous, frequent, and hardened offenders,”[3] and to “incapacitate the armed career criminal for the rest of the normal time span of his…

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FILMING POLICE IN THE WAKE OF GEORGE FLOYD’S MURDER: A FIRST AMENDMENT RIGHT?

By: Dylan Saul, Volume 106 Staff Member The murder of George Floyd, at the hands of Minneapolis police officer Derek Chauvin, sparked a nation-wide reckoning with racism and police brutality that might not have happened had seventeen-year-old Darnella Frazier not recorded the murder on her smartphone.[1] The increasing public focus on police brutality[2] has contributed…

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PAY NO ATTENTION TO THE MEANING BEHIND THAT TEXT—HOW A TEXTUALIST INTERPRETATION OF THE FEDERAL OFFICER REMOVAL STATUTE CREATES ABSURD RESULTS IN BP V. BALTIMORE

By Hannah Wiles, Volume 105 Staffer On January 19, 2021, the Supreme Court heard arguments in BP PLC v. Mayor and City of Baltimore,[1] one of several “climate change” lawsuits currently being brought by cities, counties, and states against the fossil fuel industry.[2] While the cases have garnered attention for their potential to impose liability…

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WHAT’S SO DEPRAVED? ANALYZING THIRD-DEGREE DEPRAVED-MIND MURDER IN MINNESOTA AFTER THE CHAUVIN AND NOOR TRIALS

By: Keenan Roarty, Volume 105 Staff Member   Third-degree depraved-mind murder has never had so much attention in Minnesota as it does now. In two recent, high-profile police brutality cases, Derek Chauvin and Mohamed Noor were both convicted of third-degree depraved-mind murder.[1] But under the unique quirks of Minnesota precedent, there is a meaningful chance…

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HATE IS A VIRUS: RECENT SURGE IN ANTI-ASIAN HATE CRIMES AND THE SUFFICIENCY OF THE CURRENT HATE CRIME LAWS

By: Youngjin Jang, Volume 105 Staff Member The hateful killings of six women of Asian descent in Georgia on March 17th have left the Asian American and Pacific Islander (“AAPI”) community in fear.[1] Although discrimination against Asians has always existed throughout American history,[2] the U.S. has been witnessing a surge of harassment and violence against…

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CONSIDERATIONS FOR MINNESOTA AGRICULTURE COOPERATIVES

By: Emily Buchholz, Billy Bigham & Maci Burke Cooperatives have long been popular in Minnesota, due in part to the state’s sizeable agriculture industry and Scandinavian population.[1] In fact, Minnesota is home to the top two revenue-producing agriculture cooperatives in the United States: CHS Inc. and Land O’Lakes, Inc.[2] While these top revenue-producing agriculture cooperatives…

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COVID-19 IN CORRECTIONAL FACILITIES: EIGHTH AMENDMENT VIOLATIONS AND WHY VACCINE PRIORITY IS A NECESSARY IMMEDIATE REMEDY

By Avery Katz, Vol. 105 Staff Member With the COVID-19 vaccine becoming more readily accessible, it is critical that society’s most vulnerable populations are accounted for as the world moves towards normalcy. The prison population must not be ignored. Despite holding some of the most vulnerable populations, the health and safety of people in prisons…

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