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Volume 100 - Issue 5

Note: Maximizing the Min-Max Test: A Proposal To Unify the Framework for Rule 403 Decisions

By Leah Tabbert. Full text here. Rule 403 of the Federal Rules of Evidence applies to virtually every piece of evidence introduced in federal proceedings, permitting the trial judge to exclude evidence if the danger of unfair prejudice substantially exceeds the evidence’s probative value. By requiring that the danger of prejudice substantially outweigh probative value in…

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Note: Anticompetitive Until Proven Innocent: An Antitrust Proposal To Embargo Covert Patent Privateering Against Small Businesses

By Kyle R. Kroll. Full text here. Policy-makers have become increasingly wary of a new patent litigation strategy called “patent privateering.” Through licensing or transfers of patents, companies can sponsor and direct—or privateer—other entities (often called patent assertion entities (or PAEs)) to sue competitors for patent infringement. Unlike patent trolling, patent privateering is not purposed on…

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New Economy, Old Biases

By Nancy Leong. Full text here. Alan David Freeman’s seminal article, Legitimizing Racial Discrimination Through Antidiscrimination Law: A Critical Review of Supreme Court Doctrine, provided a pathbreaking account of Supreme Court jurisprudence. Professor Freeman observed that the law guaranteed racial equality while simultaneously rationalizing the ongoing existence of grievous inequality. This Symposium Article demonstrates that Professor Freeman’s…

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Will LGBT Antidiscrimination Law Follow the Course of Race Antidiscrimination Law?

By Robert S. Chang. Full text here. This Article examines several decades of race antidiscrimination law to conjecture about the course LGBT civil rights might take following Obergefell v. Hodges. It draws from Alan Freeman’s germinal Minnesota Law Review article, Legitimizing Racial Discrimination Through Antidiscrimination Law: A Critical Review of Supreme Court Doctrine, and asks…

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“The More Things Change . . .”: New Moves for Legitimizing Racial Discrimination in a “Post-Race” World

By Mario L. Barnes. Full text here. In his foundational Minnesota Law Review article, Legitimizing Racial Discrimination Through Antidiscrimination Law: A Critical Review of Supreme Court Doctrine, Critical Legal Studies (CLS) scholar Alan D. Freeman reviewed 25 years of U.S. Supreme Court jurisprudence with the goal of analyzing the disjuncture between the statutory and constitutional prohibition…

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Regaining Perspective: Constitutional Criminal Adjudication in the U.S. Supreme Court

By Andrew Manuel Crespo. Full text here. Anthony Amsterdam’s seminal Perspectives on the Fourth Amendment opens with a discussion of the various institutional “vexations” that confront the Supreme Court when it works to interpret and implement the Fourth Amendment.  Commemorating the centennial volume of the Review that first published that legal classic, this Article offers a…

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Anthony Amsterdam’s Perspectives on the Fourth Amendment, and What It Teaches About the Good and Bad in Rodriguez v. United States

By Tracey Maclin. Full text here. Anthony Amsterdam’s article, Perspectives On The Fourth Amendment, is one of the best, if not the best, law review articles written on the Fourth Amendment. My Article connects two perspectives from Amsterdam’s article—the Fourth Amendment’s concern with discretionary police power and the Framers’ vision of the Fourth Amendment to bar…

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Perspectives on the Fourth Amendment Forty Years Later: Toward the Realization of an Inclusive Regulatory Model

By Donald A. Dripps. Full text here. The Minnesota Law Review published Anthony Amsterdam’s celebrated Holmes Lectures just over forty years ago. Those lectures defended a normative, or at least very generally historical approach to the definition of “searches and seizures,” and a “regulatory model” as opposed to an “atomistic model” for assessing when “searches and…

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The Remains of the Citadel (Economic Loss Rule in Products Cases)

By Catherine M. Sharkey. Full text here. Though its seeds may have been planted long before, the economic loss rule in products liability tort law emerged in full force at the very same moment as the doctrine of strict products liability in the mid-1960s. This moment, fueled by the fall of privity and the rise…

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Prosser’s The Fall of the Citadel

By Kenneth S. Abraham. Full text here. William L. Prosser’s The Fall of the Citadel (Strict Liability to the Consumer) was simultaneously an analysis of the dismantling of the barriers to the imposition of strict liability for product-related injuries, an account of the sudden adoption of this form of liability beginning in the early 1960s, and…

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