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.
HATE IS A VIRUS: RECENT SURGE IN ANTI-ASIAN HATE CRIMES AND THE SUFFICIENCY OF THE CURRENT HATE CRIME LAWS
By: Youngjin Jang, Volume 105 Staff Member The hateful killings of six women of Asian descent in Georgia on March 17th have left the Asian American and Pacific Islander (“AAPI”) community in fear.[1] Although discrimination against Asians has always existed throughout American history,[2] the U.S. has been witnessing a surge of harassment and violence against…
Continue ReadingWALQUIST HARMS THE POOR: REVISITING SUPERVISORY APPROVAL FOR ACCURACY PENALTIES
By: Patrick Riley Murray, Volume 105 Staff Member The Internal Revenue Service (IRS) processes more than 250 million business and individual tax returns each year.[1] The vast majority of these returns are correctly filed and end in either additional tax paid or a refund.[2] When a taxpayer files a return with incorrect information, the IRS…
Continue ReadingCONSIDERATIONS FOR MINNESOTA AGRICULTURE COOPERATIVES
By: Emily Buchholz, Billy Bigham & Maci Burke Cooperatives have long been popular in Minnesota, due in part to the state’s sizeable agriculture industry and Scandinavian population.[1] In fact, Minnesota is home to the top two revenue-producing agriculture cooperatives in the United States: CHS Inc. and Land O’Lakes, Inc.[2] While these top revenue-producing agriculture cooperatives…
Continue ReadingCOVID-19 IN CORRECTIONAL FACILITIES: EIGHTH AMENDMENT VIOLATIONS AND WHY VACCINE PRIORITY IS A NECESSARY IMMEDIATE REMEDY
By Avery Katz, Vol. 105 Staff Member With the COVID-19 vaccine becoming more readily accessible, it is critical that society’s most vulnerable populations are accounted for as the world moves towards normalcy. The prison population must not be ignored. Despite holding some of the most vulnerable populations, the health and safety of people in prisons…
Continue ReadingPAYCHECK PROTECTION DISCRIMINATION: DENIAL OF LOANS TO SEX-RELATED BUSINESSES IS A DANGEROUS EXPANSION OF GOVERNMENT SPEECH
By: Kelly Zech, Volume 105 Staff Member In March 2020, to combat the spread of the COVID-19 pandemic, government orders resulted in a sudden and unprecedented nationwide business shutdown. At the same time, Congress passed the historic Coronavirus Aid, Relief, and Economic Security (CARES) Act.[1] A provision of the CARES Act entitled “Keeping American Workers…
Continue ReadingRETURN TO SENDER: FOWLER V. COMMISSIONER’S APPLICABILITY TO LATE FILING AND PAYMENT PENALTIES
By: Matthew Thom, Volume 105 Staff Member INTRODUCTION Most Americans file their taxes at the last minute.[1] This year, that late filing is especially understandable: the COVID-19 pandemic produced a great deal of economic uncertainty for many Americans. In the aftermath of a financially complicated year, filing taxes online or with the help of a…
Continue ReadingSPAC-TACULAR TIMES: 2020 SAW AN EXPLOSION OF SPACS IN THE MARKET, BUT WILL THIS MULTI-BILLION DOLLAR TREND CONTINUE?
By: Ali Muffenbier, Volume 105 Staff Member As we have all heard more than we would have liked, 2020 was the year of “unprecedented times,”[1] and one unprecedented activity that rocked the finance world was the explosion of the number of Special Purpose Acquisition Companies (“SPAC”), also known as Blank Check companies, to hit the…
Continue ReadingDRAMATIC FACTS AND DRAMATIC IMPLICATIONS: SHOULD THE COMMUNITY CARETAKER EXCEPTION EXTEND TO THE HOME?
By: R. Willets Ely, Volume 105 Staff Member The Fourth Amendment guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” and that “no Warrants shall issue, but upon probable cause.”[1] The Supreme Court has interpreted the Fourth Amendment to generally require a warrant…
Continue ReadingPOLICE ACCOUNTABILITY: IS REPEALING QUALIFIED IMMUNITY THE RIGHT ANSWER AND IS IT ENOUGH?
By: Mary Haasl, Volume 105 Staff Member As the trial of Derek Chauvin comes to an end,[1] Minneapolis and the nation brace for what is to come.[2] A viral recording of Chauvin’s actions this past summer,[3] which led to the horrific death of George Floyd, triggered a nationwide outcry against racial injustice and police brutality[4]…
Continue ReadingNO SHELTER IN THIS PLACE: HOW THE COVID-19 PANDEMIC’S FRUSTRATION OF DOMESTIC VIOLENCE LEGAL PROCEEDINGS CAN GENERATE VICTIM-CENTERED REFORM
By: Samantha Marquardt, Volume 105 Staff Member COVID-19 has given rise to what has been called a second “invisible” pandemic of domestic violence.[1] Stay-at-home orders, increased economic insecurity, and crisis-induced stress have all contributed to a surge of domestic violence cases around the world.[2] In the state of Minnesota, domestic violence shelter requests spiked shortly…
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