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.
CHANGING TIDES
Changing Tides: Article III Standing and Climate Change Litigation By: Hillary Hoffman, Volume 103 Staff Member Globally, young people are attempting to assert their stake in the future of the environment through litigation.[1] This should come as no surprise, since young people will surely be the most severely impacted by climate change.[2]However, courts—or at least U.S.…
Continue ReadingREHEATING THE COLD WAR
REHEATING THE COLD WAR By: Bonny Birkeland, Volume 103 Staff Member “We really have no choice. Perhaps we can negotiate a different agreement adding China and others, or perhaps we can’t. And in which case, we will outspend and out-innovate all others by far.”[1] — President Trump At the State of the Union Address, President Trump reiterated…
Continue ReadingALL WORK AND NO PAY
ALL WORK AND NO PAY: HOW A STATUTORY CHANGE COULD PROTECT FEDERAL EMPLOYEES’ RIGHTS DURING GOVERNMENT SHUTDOWNS By: Brooke Robbins, Volume 103 Staff Member Spurred by political disagreement, recently, there has been a surge in extended government shutdowns.[1]There are huge costs associated with government shutdowns. For example, the most recent thirty-five-day shutdown under the Trump…
Continue ReadingFlorida v. Riley: Foreshadowing Fourth Amendment Issues in 21st Century Aerial Surveillance and The Need for Clarity
Florida v. Riley: Foreshadowing Fourth Amendment Issues in 21st Century Aerial Surveillance and The Need for Clarity By: Christopher Beglinger, Volume 103 Staff Member At its core, the Fourth Amendment reflects the maxim “every man’s house is his castle.”[1] Founded on the Framer’s opposition to abuses of power in searching private homes,[2] the Fourth Amendment affirms the…
Continue ReadingDISNEY-FOX, AT&T-TIME WARNER, AND DOJ INCONSISTENCY
DISNEY-FOX, AT&T-TIME WARNER, AND DOJ INCONSISTENCY By: Shashi Gowda, Volume 103 Staff Member In October 2016, AT&T Inc. (“AT&T”) announced that it would be acquiring TimeWarner Inc. (“TimeWarner”) through a $108.7 billion purchase.[1] Two years later, The Walt Disney Company (“Disney”) announced that it would be acquiring Twenty-First Century Fox, Inc. (“Fox”) for $71.3 billion.[2] Both potential…
Continue ReadingGOVERNMENT CAN’T HAVE ITS CAKE AND EAT IT TOO
GOVERNMENT CAN’T HAVE ITS CAKE AND EAT IT TOO: WHY GOVERNMENT SHOULD NOT INITIATE A CBM REVIEW AND ESCAPE AIA ESTOPPEL PROVISION By: Seung Sub Kim, Volume 103 Staff Member What is a person? Although it is often used as a synonym for “a human being,”[1] courts have expanded the term to include a corporation[2] while ruling…
Continue ReadingA LESSON IN STATUTORY INTERPRETATION
A LESSON IN STATUTORY INTERPRETATION: AZAR V. ALLINA HEALTH SERVICES AND IMPLICATIONS FOR THE HEALTHCARE AND ADMINISTRATIVE LAW WORLDS By: Allisa Newman, Volume 103 Staff Member Medicare administration has met its match. An already technical healthcare statute is under scrutiny to navigate proper rulemaking procedure for its administration. On January 15, the Supreme Court heard oral arguments…
Continue ReadingPhysician Obligations to Suicidal Patients in the Era of Physician-Assisted Death Laws
By Kate Hanson, Volume 103 Staff Member On January 1st of this year, Hawaii became the eighth jurisdiction[1] in the United States to allow physician-assisted death. In physician-assisted death law jurisdictions, physicians may prescribe medication to hasten death,[2] and patients retain the choice to fill the prescription and to ingest the medication. Physician-assisted death is narrowly defined,…
Continue ReadingConstructing the Sandwich
By Alexander Park Introduction What is a sandwich? Most people never stop to ask themselves this question. After all, the answer seems almost too obvious—two slices of bread with meat, cheese, or some sort of filling between the two slices of bread. In recent years, this question has been in the popular media’s spotlight. One question,…
Continue ReadingConstructing the Sandwich
Constructing the Sandwich By Alexander Park Introduction What is a sandwich? Most people never stop to ask themselves this question. After all, the answer seems almost too obvious—two slices of bread with meat, cheese, or some sort of filling between the two slices of bread. In recent years, this question has been in the popular…
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