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Teaching “Is This Case Rightly Decided?”

By Steven Arrigg Koh | April 15, 2024

By Steven Arrigg Koh. Full Text. “Is this case rightly decided?” From the first week of law school, every law student must grapple with this classroom question. This Essay argues that this vital question is problematically under-specified, creating imprecision in thinking about law. This Essay thus advocates that law professors should present students with a…

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Article

Animal Plaintiffs

By Matthew Liebman | April 26, 2024

By Matthew Liebman. Full Text. From endangered Hawaiian songbirds to dolphins deafened by Navy sonar to a neglected horse named Justice, nonhuman animals increasingly appear as plaintiffs in lawsuits alleging their subjection to extinction, abuse, and other injustices. These cases are far more than mere novelties or publicity stunts; they raise important jurisprudential questions about…

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Article

Article III and Indian Tribes

By Grant Christensen | April 26, 2024

By Grant Christensen. Full Text. Among the most basic principles of our federal courts is that they are courts of limited jurisdiction, exercising only those powers delegated to them in Article III. In 1985 the Supreme Court inexplicably created an exception to this constitutional tenet and unilaterally declared a plenary judicial power to review the…

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Article

Contract Customization, Sex, and Islamic Law

By Rabea Benhalim | April 26, 2024

By Rabea Benhalim. Full Text. Common law has historically deemed marriage and sex outside the right to contract. Yet, couples increasingly use contracts to provide legal rights to the unmarried in a variety of contexts ranging from same-sex relationships to surrogacy. Islamic law, on the other hand, has always conceived of marriage and sexual relationships…

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Article

Fixing Disparate Prosecution

By Shima Baradaran Baughman and Jensen Lillquist | April 26, 2024

Shima Baradaran Baughman and Jensen Lillquist. Full Text. America’s system of public prosecution is broken. Prosecutors who charge harshly or disparately are shielded from any consequences or recourse, and defendants are left with few options. This asymmetry in power results in prosecutors singlehandedly maintaining mass incarceration in the United States and leads to some states…

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Article

Platform Unions

By Charlotte Garden | April 26, 2024

By Charlotte Garden. Full Text. How should we regulate social media platforms to prevent harmful treatment of users? Regulators, advocates, and scholars have grappled with this problem for years. Many proposed solutions, ranging from improving privacy disclosures, to promoting competition between platforms, to requiring platforms to pay users for their data, are at best incomplete.…

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Note

Two Is Not Always Better than One: Concurrent Criminal Jurisdiction in Indian Country and the Withering of Tribal Sovereignty Following McGirt and Castro-Huerta

By Marina Berardino | April 26, 2024

By Marina Berardino. Full Text. There is a violence epidemic plaguing the Native American population across the country. Native women are disproportionality victimized by both sexual and non-sexual violence—over eighty-five percent of Native women are expected to be victims of intimate partner violence, stalking, or sexual violence at some point in their life. Most often,…

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Note

The Good, the Bad, and the Unconstitutional: State Attempts to Solve the Defendant Class Action Problem

By Tyler Blackmon | April 26, 2024

By Tyler Blackmon. Full Text. While the overwhelming majority of class action lawsuits filed in this country are plaintiff class actions—with named plaintiffs representing larger classes of plaintiffs—Rule 23 of the Federal Rules of Civil Procedure technically permits plaintiffs to sue a named defendant representing a class of defendants as well. However, such suits are…

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Note

Modern Statutory Interpolation: Correcting Court-Made Deficiencies in Title VII Law

By Jordan Boudreaux | April 26, 2024

By Jordan Boudreaux. Full Text.  Title VII of the Civil Rights Act of 1964 is a monumentally important piece of legislation that ensures all Americans can enjoy a fair workplace, free of discrimination. Even so, the federal circuits remain split on a significant aspect of Title VII’s interpretation. Notably, in some circuits, employees can still…

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Articles, Essays, & Tributes

Animal Plaintiffs

April 26, 2024

By Matthew Liebman. Full Text. From endangered Hawaiian songbirds to dolphins deafened by Navy sonar to a neglected horse named Justice, nonhuman animals increasingly appear as plaintiffs in lawsuits alleging their subjection to extinction, abuse, and other injustices. These cases are far more than mere novelties or publicity stunts; they raise important jurisprudential questions about…

Article III and Indian Tribes

April 26, 2024

By Grant Christensen. Full Text. Among the most basic principles of our federal courts is that they are courts of limited jurisdiction, exercising only those powers delegated to them in Article III. In 1985 the Supreme Court inexplicably created an exception to this constitutional tenet and unilaterally declared a plenary judicial power to review the…

Contract Customization, Sex, and Islamic Law

April 26, 2024

By Rabea Benhalim. Full Text. Common law has historically deemed marriage and sex outside the right to contract. Yet, couples increasingly use contracts to provide legal rights to the unmarried in a variety of contexts ranging from same-sex relationships to surrogacy. Islamic law, on the other hand, has always conceived of marriage and sexual relationships…

Fixing Disparate Prosecution

April 26, 2024

Shima Baradaran Baughman and Jensen Lillquist. Full Text. America’s system of public prosecution is broken. Prosecutors who charge harshly or disparately are shielded from any consequences or recourse, and defendants are left with few options. This asymmetry in power results in prosecutors singlehandedly maintaining mass incarceration in the United States and leads to some states…

Platform Unions

April 26, 2024

By Charlotte Garden. Full Text. How should we regulate social media platforms to prevent harmful treatment of users? Regulators, advocates, and scholars have grappled with this problem for years. Many proposed solutions, ranging from improving privacy disclosures, to promoting competition between platforms, to requiring platforms to pay users for their data, are at best incomplete.…

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Headnotes

Thirty-Five Years of Inaction: The Unfulfilled Promise of the Medicaid Equal Access Provision

March 2, 2024

By Delaram Takyar. Full Text. In 1989, Congress amended the Social Security Act to ensure that Medicaid recipients would have the same access to medical providers as people covered by private insurance and Medicare. This was meant to remedy the wide disparities in access to…

Teaching “Is This Case Rightly Decided?”

April 15, 2024

By Steven Arrigg Koh. Full Text. “Is this case rightly decided?” From the first week of law school, every law student must grapple with this classroom question. This Essay argues that this vital question is problematically under-specified, creating imprecision in thinking about law. This Essay…

De Novo Blog

A NEW TAKE ON TAKINGS: BIG PHARMA’S CONSTITUTIONAL CHALLENGES TO BIDEN’S INFLATION REDUCTION ACT

April 15, 2024

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

April 15, 2024

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

April 15, 2024

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

April 15, 2024

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

April 15, 2024

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

January 12, 2024

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

January 12, 2024

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

November 22, 2023

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…

NO PLACE LIKE HOME . . . UNLESS YOU CAN’T GET IN: THE LACK OF NON-DELIVERY PROTECTIONS FOR MINNESOTA TENANTS

November 22, 2023

By Cheyenna González Pilsner, Volume 108 Staff Member On August 2, 2023, Identity, a new housing complex near the University of Minnesota, notified its tenants they would be unable to move in on the lease-given day of August 27, 2023, citing construction delays.[1] This notice…

MICHIGAN’S NEW POINT OF NO RETURN: EVOLVING AGE RESTRICTIONS ON MANDATORY LIFE WITHOUT PAROLE

November 14, 2023

By Chad Berryman, Volume 108 Staff Member In July 2022, the Michigan Supreme Court decided People v. Parks, in which it held that mandatory life without parole sentences for eighteen-year-olds convicted of first-degree murder violate the Michigan Constitution’s prohibition of cruel or unusual punishment.[1] This ruling…