Articles, Essays, & Tributes
Racial Disparities in Crime-Based Removal Proceedings
By EMILY RYO, IAN PEACOCK, WESTON LEY, and CHRISTOPHER LEVESQUE. Full Text. Whether and to what extent racial minorities experience harsher treatment or face worse outcomes in court are questions of fundamental importance for any justice system. Questions of racial inequality are especially salient in the context of removal proceedings that are triggered by immigrants’…
Toward a Dynamic View of Corporate Purpose
By DOROTHY LUND. Full Text. Scholars debating the corporation’s role in society generally advance the view that there is only one desirable orientation for corporations and their management. Specifically, proponents of a stakeholder governance model contend that focusing management on a broad set of corporate constituents maximizes overall welfare, while advocates of a shareholder-centric directive…
Forced Arbitration in the Fortune 500
By DAVID HORTON. Full Text. As the Federal Arbitration Act (FAA) nears its centennial, its most controversial byproduct—forced arbitration—has entered uncharted territory. For years, companies exploited their power over fine print to produce ambitious dispute resolution regimes. This trend reached its apex in the 2010s, when the Supreme Court held that arbitration is incompatible with…
Suspecting with Data
By MARY D. FAN. Full Text. Our pooled consumer big data, such as the pictures we post or the location history and keyword search trails we leave, are generating new ways to solve crimes. Much of the commentary on big data search strategies such as keyword, geofence, and facial recognition searches fixate on Fourth Amendment…
Against Attorney General Self-Referral in Immigration Law
By STELLA BURCH ELIAS and PAUL GOWDER. Full Text. This Article advances a rule-of-law-based critique of the Attorney General’s immigration self-referral power. We argue that the Attorney General’s self-referral and review power over pending immigration proceedings allows an appointed Executive Branch official to engage in unchecked and unilateral lawmaking and, therefore, should be abolished. Scholars…
Notes
Closing in on the Patent Troll: State Legislatures’ Role in Combatting Trolling Behavior
By WILL ROBERTS. Full Text. In the United States, entities known as patent trolls purchase patents solely for the purpose of threatening and bringing litigation and present a significant threat to innovation and economic progress. The question is: Who will rise to the occasion and stop them? In the face of federal inaction, state legislatures…
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Headnotes
Commodification, Precarity, and Identity: A Review of Professor Bridget Crawford’s Taxing Sugar Babies
By TESSA DAVIS. Full text.
The Liminality of Transactional Relationships
By VICTORIA J. HANEMAN. Full Text.
Tax Talk and Taxing Sugar Babies
By BLAINE G. SAITO. Full Text.
John Roberts’ Supreme Court: The Triumph of Partisanship and Ideology Over Precedent
By DAVID SCHULTZ & JACOB BOURGAULT. Full Text.
Critical Curriculum Design: Teaching Law in an Age of Rising Authoritarianism
By RACHEL LÓPEZ. Full Text.
A Great American Gun Myth: Race and the Naming of the “Saturday Night Special”
By Jennifer L. Behrens and Joseph Blocher. Full Text. At a time when Second Amendment doctrine has taken a strongly historical turn and gun rights advocates have increasingly argued that gun regulation itself is historically racist, it is especially important that historical claims about race…
Refining the Dangerousness Standard in Felon Disarmament
By Jamie G. McWilliam. Full Text. To some, 18 U.S.C. 922(g) is a necessary safeguard that keeps guns out of the hands of dangerous persons. To others, it strips classes of non-violent people of their natural and constitutional rights. This statute makes it a crime…
“Proven” Safety Regulations: Massachusetts 1805 Proving Law As Historical Analogue for Modern Gun Safety Laws
By Billy Clark. Full Text. Concerned by the public health threats posed by certain firearms, the Massachusetts legislature enacts a law to set safety standards for firearms in the Commonwealth. Firearm dealers across the State, including some of the leading manufacturers of the day, not…
Curbing Gun Violence Under PLCAA and Bruen: State Attorney General–Driven Solutions to the Surging Epidemic
By David Lamb. Full Text. At the same time that the deadly toll of gun violence continues to grow in the U.S., now taking nearly 50,000 lives per year, federal lawmakers and courts have increasingly constrained government authorities’ tools for fighting the epidemic. Pursuant to…
De Novo Blog
CHANGE THE SYSTEM, NOT THE WOMAN: ADDRESSING WORKPLACE INEQUITIES STEMMING FROM THE AMERICAN ECONOMY
By: Alyssa Shaw, Volume 109 Staff Member If the progress towards closing the gender wage gap continues on the trends of the last few years, women will not be compensated equally to men until at least 2067—over a century after the passage of the Equal…
HOW RFK’S RECENT COURT BATTLES TO GET ON (AND OFF) THE BALLOT EXEMPLIFY WHY A THIRD-PARTY CANDIDATE WILL NEVER WIN THE PRESIDENCY
By: Sophia Antonio, Volume 109 Staff Member Former presidential candidate, Robert F. Kennedy Jr. (RFK), dominated the summer news cycle with bizarre controversies. [1] RFK dropped out of the presidential race, where he ran as a third-party candidate, on August 23rd and endorsed former President…
A NEW TAKE ON TAKINGS: BIG PHARMA’S CONSTITUTIONAL CHALLENGES TO BIDEN’S INFLATION REDUCTION ACT
By: Marie Lundgren, Volume 108 Staff Member I. BACKGROUND In 2003, Congress passed the Medicare Modernization Act, marking the largest expansion of benefits in the 38-year history of U.S. public healthcare.[1] When the Medicare program was first enacted in 1965, it covered hospital stays (under…
READY, AIM, FIRE? EVALUATING THE FUTURE OF LIABILITY FOR THE FIREARMS INDUSTRY DURING NEW-WAVE PLCAA LITIGATION
By: Will Roberts, Volume 108 Staff Member I. MECHANISMS FOR FIREARMS INDUSTRY LIABILITY In 2005, Congress enacted the Protection of Lawful Commerce in Arms Act (PLCAA) which significantly shielded members of the firearms industry from civil liability for over a decade.[1] PLCAA prohibits “civil action[s]…
CONVENIENT OR CONFRONTATIONAL?: SAMIA WIDENS CONSTITUTIONAL LOOPHOLE
By: Mark Hager, Volume 108 Staff Member On June 23, 2023, the Supreme Court issued its opinion in Samia v. United States, the latest in a line of cases regarding the use of non-testifying co-defendant confessions in joint criminal trials.[1] Together, these cases operate as…
THE FIGHT FOR PRIVACY: CALLING FOR BROAD ONLINE PRIVACY REFORM IN THE AGE OF BEING CHRONICALLY ONLINE
By Lea Chapoton, Volume 108 Staff Member In the wake of 2022’s Dobbs v. Jackson Women’s Health Organization[1] decision and the ensuing barrage of state laws limiting abortion access, online discussions surged with strategies for maintaining reproductive freedom in potentially hostile circumstances. One popular piece…
SUPREME SPECULATION: WHAT ORAL ARGUMENTS HINT ABOUT HOW JUSTICES ARE LEANING IN CAMPOS-CHAVES V. GARLAND
By Hans Frank-Holzner, Volume 108 Staff Member On January 8, 2024, the Supreme Court heard oral arguments in Campos-Chaves v. Garland,[1] a consolidation of three immigration cases concerning the statutory notice requirements the government must meet before it can order a noncitizen removed without a…
BETTING ON THE FUTURE: DISCUSSING PATHS FORWARD FOR MINNESOTA TO LEGALIZE SPORTS BETTING
By Benjamin Albert Halevy, Volume 108 Staff Member From pull-tab vending machines at bars to tribe-owned casinos sporting slot machines and blackjack tables, Minnesota is no stranger to gambling within its borders. Yet, sports gambling, the fastest growing sector of gaming, remains wholly illegal within…
DE-TRUMPING THE 2024 ELECTION? REVIEWING MINNESOTA’S ROLE IN THE MOVEMENT TO BAN DONALD TRUMP FROM THE BALLOT
By Callan Showers, Volume 108 Staff Member On November 2, 2023, the Minnesota Supreme Court heard oral arguments on whether Donald Trump can lawfully appear on Minnesota’s ballots in the 2024 Presidential election due to his participation in efforts to overthrow the 2020 election, culminating…
A HAZY FIVE HOURS: MINNESOTA SHOULD NOT REINVENT THE WHEEL IN ADDRESSING THC BEVERAGES IN RESTAURANTS
By Shannon Schooley, Volume 108 Staff Member In 2023, Minnesota legalized recreational cannabis.[1] Although Minnesota followed twenty-two states and the District of Columbia in doing so,[2] its legal landscape presents unique regulatory challenges.[3] Minnesota’s full-scale recreational legalization comes on the heels of a partial legalization…
