Articles, Essays, & Tributes
Bankruptcy as a National Security Risk
By JASON JIA-XI WU. Full Text. Defense contractors lie at the heart of the U.S. national security regime. Each year, over half of the federal defense budget is allocated to contracts outsourcing military operations, projects, and services to private companies. However, defense outsourcing carries a ticking time bomb: mounting private debt. Today, the defense industry…
The Innocence Trap
By CAITLIN GLASS & JULIAN GREEN. Full Text. What makes a conviction wrongful? Developments in DNA science have led to a wave of exonerations over the past thirty years, revealing sources of error in the criminal legal process. Innocence organizations proliferated to represent people whose convictions could be overturned by newly discovered evidence. This is…
Regulatory History and Judicial Review
By TODD PHILLIPS & ANTHONY MOFFA. Full Text. The Administrative Procedure Act (APA) requires federal agencies to simply “incorporate in the rules adopted a concise general statement of their basis and purpose” after they receive comments from the public, and the Supreme Court ruled in Overton Park that courts are to adjudicate whether rules are…
The Crisis in U.S. Cancer Care: Law, Markets, and Privatization
By DANIEL G. AARON. Full Text. Cancer is surging among youth and young adults in the United States, yet, instead of public regulation addressing its root causes, we have outsourced the management of cancer to the private sector. A suite of laws, embodying faith that corporations will cure cancer, has subsidized the cancer biomedical enterprise…
The Poly Problem in Zoning: Redefining “Family” for a Changing Society
By ARIC SHORT & TANYA PIERCE. Full Text. Single-family zoning has long dictated not only where people may live but also with whom. Although extensively critiqued for perpetuating racial and economic exclusion, these laws also privilege relationships defined by blood, marriage, or adoption and marginalize nontraditional families. This Article focuses on a particularly overlooked group:…
Notes
Waging the Battle for Society’s Soul: The Constitutionality of Juvenile Transfer Legislation in the Wake of Jones v. Mississippi
By LOGAN KNUTSON. Full Text. Trying juvenile defendants as adults is a cruel, yet enduring practice in U.S. criminal law. If convicted, these youthful offenders face brutal conditions in adult prison and a lifelong stigma. Although these devastating consequences of conviction are readily apparent, juvenile transfer is insidious even absent a prison sentence or criminal…
The Skidmore Compromise: Interpreting Skidmore as a Tiebreaker to Preserve Judicial Wisdom in the Era of Loper Bright
By MITCHELL ZAIC. Full Text. ‘Law must be stable, and yet it cannot stand still.’ Here is the great antinomy confronting us at every turn. Rest and motion, unrelieved and unchecked, are equally destructive. The law, like human kind, if life is to continue, must find some path of compromise. – Judge Cardozo In the…
Headnotes
Volume 110: Fall Issue
Exceptional Cases
By EMILY CAUBLE. Full Text.
Machine Gun Funk: The Unusual Analysis of “Dangerous and Unusual”
By GREGORY S. PARKS & VIVIAN BOLEN. Full Text.
Nipping it in the Bud: The Promise and Perils of Tort Litigation in Addressing the Health Harms of High-THC Products
By REBEKAH NINAN. Full Text.
Volume 108: Symposium Supplement
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
PICKING UP THE FLAG ON ILLEGAL PROCEDURE: WHY RULE 41 OF THE FEDERAL RULES OF CRIMINAL PROCEDURE NEEDS TO BE UPDATED WITH THE TIMES
By: Geoff Koslig, Volume 104 Staff Member The Fourth Amendment’s drafters could have scarcely imagined social media and the internet.[1] For decades, courts have struggled to apply the Amendment to searches of or utilizing new technologies.[2] Recently, courts have struggled with how the Fourth Amendment…
THE BUILDING BLOCKS OF LIFE: CYBER-TRESPASS, THE FOURTH AMENDMENT, AND PUBLIC ANCESTRY DATABASES
By: William C. G. Wright, Volume 104 Staff Member With the advent of affordable commercial DNA testing services such as 23andMe, Ancestry, and MyHeritage, people are flocking to discover the secrets of their genetic code in unprecedented numbers.[1] Researchers expect more than 74 million people…
TITS UP: WHY IT’S TIME FOR THE SUPREME COURT TO RULE ON TOPLESS ORDINANCES
By: Kathryn Campbell, Volume 104 Staff Member The United States loves to exercise control over cis-women’s bodies.[1] Notably, both federal and state governments seemingly fear the exposure of a cis-woman’s exposed “erogenous” areola—although men have them as well.[2] Perhaps the most archaic way in which…
CAKING ON THE MAKEUP: INCREASED REGULATIONS OF SPECIAL EVENTS HAIR AND MAKEUP ARTISTS IN MINNESOTA
By Michaela Liesenberg, Volume 104 Staff Member Nationwide, the wedding industry generates annual revenue of over $78 billion.[1] As weddings are highly photographed events, spouses-to-be spend an average of $225 on hair and makeup services for their special day.[2] In 2019, Minnesota hosted 31,712 weddings…
LET THEM MAKE WINE: DOES THE MINNESOTA FARM WINERY ACT VIOLATE THE DORMANT COMMERCE CLAUSE?
By: Jenni Oprosko, Volume 104 Staff Member Minnesota has a long and complex history with liquor laws. In the 1800’s, Minneapolis created a quasi-zoning scheme to create areas where existing anti-salon laws would not apply.[1] In 1919 a Minnesotan, Andrew Volstead, introduced the act in…
CHAMBER OF COMMERCE FOR GREATER PHILADELPHIA v. CITY OF PHILADELPHIA: UNSUPPORTED AS A MATTER OF FACT, UNJUSTIFIED AS A MATTER OF LAW
By: Nathan Webster, Volume 104 Staff Member The pay-gap between men and women in the United States is well-established. Hispanic women make 58 cents for every dollar a white man makes.[1] Black women make 67 cents for every dollar earned by a white man.[2] White…
DIRECTIONLESS DIRECTIVES: WHY MINNESOTA SHOULD ESTABLISH AN ADVANCE DIRECTIVE REGISTRY
By: Kaitie Eke, Volume 104 Staff Member In recent decades, advance care planning[1] (“ACP”) has gained momentum in the United States.[2] Through advance directives, a person can communicate their preferences and designate agents to make healthcare decisions on their behalf should the individual become incapacitated.[3]…
WHAT’S THE BEEF? CONTROVERSY SURROUNDING THE LABELING OF PLANT-BASED AND CELL-BASED MEAT
By Lexi Pitz, Volume 104 Staff Member Meat consumption is a long-engrained tradition in the American diet. Recently, many American meat consumers are motivated to consume plant-based meat for reasons such as health, animal welfare,[1] and environmental impact.[2] The booming meat alternative industry lacks federal…
STAR WARS?: THE RISE OF THE SPACE FORCE
By: Sarah Nelson, Volume 104 Staff Member George Lucas’s “Episode IV – A New Hope” served as the impetus for what would become the second-highest grossing movie franchise of all time: Star Wars.[1] The 1977 would-be saga that enthralled audiences worldwide featured Jedi Knights and…
STATES CRYING WOLF: MANUFACTURED CRISIS AND EMERGENCY POWER MANIPULATION
By: Abby Oakland, Volume 104 Staff Member Hong Kong was under siege. Mass protests had been ongoing for months, and the government’s attempts to resolve the dispute had fallen short.[1] Tensions between police and protesters continued to escalate, and in a move sparking global criticism,…
