Category: Law Rev (Minnesota)


Minnesota Law Review, 92:5 (May 2008)


Now that the Minnesota Law Review has moved to its new internet home, Minnesota Law Review Headnotes, we will be clearing our backlog of Table of Contents entries covering the past year of publication. We will be bringing our entries up to date over the next few weeks.

Volume 92, Issue 5 (May 2008):

2008 Symposium: The Low-Wage Worker: Legal Rights, Legal Realities

David Neumark & William Wascher, Minimum Wages and Low-Wage Workers: How Does Reality Match the Rhetoric?, 92 Minn. L. Rev. 1296 (2008)

Craig Becker & Paul Strauss, Representing Low-Wage Workers in the Absence of a Class: The Peculiar Case of Section 16 of the Fair Labor Standards Act and the Underenforcement of Minimum Labor Standards, 92 Minn. L. Rev. 1317 (2008)

Ellen Danin, Counting What Matters: Privatiziation, People with Disabilities, and Low-Wage Work, 92 Minn. L. Rev. 1348 (2008)

Peggie R. Smith, The Publicization of Home-Based Care Work in State Labor Law, 92 Minn. L. Rev. 1390 (2008)

David Weissbrodt, Remedies for Undocumented Noncitizens in the Workplace: Using International Law to Narrow the Holding of Hoffman Plastic Compounds, Inc. v. NLRB, 92 Minn. L. Rev. 1424 (2008)

Michael J. Wishnie, Labor Law After Legalization, 92 Minn. L. Rev. 1446 (2008)

Nelson Lichtenstein, How Wal-Mart Fights Unions, 92 Minn. L. Rev. 1462 (2008)

Catherine L. Fisk & Michael M. Oswalt, Preemption and Civic Democracy in the Battle over Wal-Mart, 92 Minn. L. Rev. 1502 (2008)


Dan Ganin, A Mock Funeral for a First Amendment Double Standard: Containing Coercion in Secondary Labor Boycotts, 92 Minn. L. Rev. 1539 (2008)

Hans H. Grong, Towards a Robust Separation of Powers: Recapturing the Judiciary’s Role at Sentencing, 92 Minn. L. Rev. 1584 (2008)


Minnesota Law Review, 92:4 (April 2008)


Now that the Minnesota Law Review has moved to its new internet home, Minnesota Law Review Headnotes, we will be clearing our backlog of Table of Contents entries covering the past year of publication. We will be bringing our entries up to date over the next few weeks.

Volume 92, Issue 4, April 2008:


Kevin K. Washburn, The Legacy of Bryan v. Itasca County: How an Erroneous $147 County Tax Notice Helped Bring Tribes $200 Million in Indian Gaming Revenue, 92 Minn. L. Rev. 919 (2008)

Joseph Blocher, Amending the Exceptions Clause, 92 Minn. L. Rev. 971 (2008)

Paul J. Heald, Property Rights and the Efficient Exploitation of Copyrighted Works: An Empirical Analysis of Public Domain and Copyrighted Fiction Bestsellers, 92 Minn. L. Rev. 1031 (2008)

Richard L. Hasen, Beyond Incoherence: The Roberts Court’s Deregulatory Turn in FEC v. Wisconsin Right to Life, 92 Minn. L. Rev. 1064 (2008)

Christopher L. Peterson, Usury Law, Payday Loans, and Statutory Sleight of Hand: Salience Distortion in American Credit Pricing Limits, 92 Minn. L. Rev. 1110 (2008)


Elizabeth C. Borer, Modernizing Medicare: Protecting America’s Most Vulnerable Patients from Predatory Health Care Marketing Through Accessible Legal Remedies, 92 Minn. L. Rev. 1165 (2008)

Kyle W. Brenton, BONGHiTS4JESUS.COM? Scrutinizing Public School Authority over Student Cyberspeech Through the Lens of Personal Jurisdiction, 92 Minn. L. Rev. 1206 (2008)

Jeffrey P. Justman, Capturing the Ghost: Expanding Federal Rule of Civil Procedure 11 to Solve Procedural Concerns with Ghostwriting, 92 Minn. L. Rev. 1246 (2008)


Announcing Minnesota Law Review Headnotes


The Minnesota Law Review is proud to announce the launch of our new online companion journal, Minnesota Law Review Headnotes. Headnotes will serve as the online archive of the Law Review‘s print articles, available in PDF format, but it will also feature original, online-only Response articles in which prominent academics respond to the articles the Law Review publishes.

In our inaugural round of Headnotes Responses:

Orin Kerr (George Washington University Law School) responds to Jack Balkin‘s Lecture, The Constitution in the National Surveillance State. In The National Surveillance State: A Response to Balkin, Kerr agrees with Balkin’s premise that the development of surveillance and data-gathering technology presents problems for the law, but argues against Balkin’s conclusion that these new technological developments require a fundamental shift in governance.

Lisa Blomgren Bingham and David S. Good (Indiana University School of Public and Environmental Affairs) respond to Michael LeRoy‘s article, Do Courts Create Moral Hazard? When Judges Nullify Employer Liability in Arbitrations. In A Better Solution to Moral Hazard in Employment Arbitration: It Is Time to Ban Predispute Binding Arbitration Clauses, Bingham and Good take a second look at LeRoy’s statistics and probe some of his empirical conclusions.  They then suggest an entirely different policy prescription to solve the arbitration problem: banning binding predispute arbitration agreements in employment altogether.

Alexandra B. Klass (University of Minnesota Law School) responds to Sara Bronin‘s article, The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, and the States. In Climate Change and Reassessing the “Right” Level of Government, Klass further explores and amplifies the federalism issues that Bronin introduced in her article. Klass ultimately advocates applying the “cooperative federalism” approach used in other areas of environmental law to the problems of local regulation of green building.

In addition to its original online content, Headnotes also features an archive of the Law Review‘s print issues. Currently, the past four years of articles (Volumes 90-93) are available online, with greater coverage to come over the next few months. In the next few weeks, we will also be updating our Table of Contents entries here on Concurring Opinions to reflect our most recent articles, now available online.


Minnesota Law Review, 92:3 (February 2008)


Minnesota Law Review, Issue 92:3 (February 2008)


Laurie L. Levenson, Courtroom Demeanor: The Theater of the Courtroom, 92 Minn. L. Rev. 573 (2008)

Daphna Lewinsohn-Zamir, More Is not Always Better than Less: An Exploration in Property Law, 92 Minn. L. Rev. 634 (2008)

J. Gregory Sidak, Holdup, Royalty Stacking, and the Presumption of Injunctive Relief for Patent Infringement: A Reply to Lemley and Shapiro, 92 Minn. L. Rev. 714 (2008)


Oren Bar-Gill, The Behavioral Economics of Consumer Contracts, 92 Minn. L. Rev. 749 (2008)

Richard A. Epstein, The Neoclassical Economics of Consumer Contracts, 92 Minn. L. Rev. 803 (2008)


Karen P. Seifert, Interpreting the Law of War: Rewriting the Rules of Engagement to Police Iraq, 92 Minn. L. Rev. 836 (2008)

Bryan M. Seiler, Moving from “Broken Windows” to Healthy Neighborhood Policy: Reforming Urban Nuisance Law in Public and Private Sectors, 92 Minn. L. Rev. 883 (2008)


Minnesota Law Review, 92:2 (December 2007)


Minnesota Law Review, Issue 92:2 (December 2007)


Todd E. Pettys, State Habeas Relief for Federal Extrajudicial Detainees, 92 Minn. L. Rev. 265 (2007)

Lawrence A. Cunningham, Beyond Liability: Rewarding Effective Gatekeepers, 92 Minn. L. Rev. 323 (2007)

Jonathan R. Siegel, Judicial Interpretation in the Cost-Benefit Crucible, 92 Minn. L. Rev. 387 (2007)

Michael Waterstone, A New Vision of Public Enforcement, 92 Minn. L. Rev. 434 (2007)


Elizabeth M. Flanagan, No Free Parking: Obtaining Relief from Trademark-Infringing Domain Name Parking, 92 Minn. L. Rev. 498 (2007)

João C. J. G. de Medeiros, How the Presumption Against Extraterritoriality Has Created a Gap in Environmental Protection at the 49th Parallel, 92 Minn. L. Rev. 529 (2007)


Minnesota Law Review, 92:1 (November 2007)


Minnesota Law Review, Issue 92:1 (November 2007)

See below for abstracts.


Jason Mazzone, The Bill of Rights in the Early State Courts, 92 Minn. L. Rev. 1 (2007)

Alexandra B. Klass, Punitive Damages and Valuing Harm, 92 Minn. L. Rev. 83 (2007)

Susan D. Franck, Integrating Investment Treaty Conflict and Dispute Systems Design, 92 Minn. L. Rev. 161 (2007)


Carrie Ryan Gallia, To Fix or Not to Fix: Copyright’s Fixation Requirement and the Rights of Theatrical Collaborators, 92 Minn. L. Rev. 231 (2007)


Announcing the Law Review Table of Contents Project


I’m pleased to announce a new feature at Concurring Opinions – the Law Review Table of Contents Project. We have invited a number of the top law reviews to post the table of contents to their new issues and to provide links to the articles if they are posted on the law review’s website.

The goal of the Table of Contents Project is to provide you with a useful research tool. Finding out about the latest law review publications can be difficult. If you’re like me, you rarely read the physical issues of law reviews anymore; and you don’t have time to constantly keep checking each law review’s website to see if a new issue has been published. Now you don’t have to. Just keep reading Concurring Opinions, and information about the latest law review scholarship will be brought to you – all in one place!

Each journal’s tables of contents will be archived in two categories: (1) a category called Law Rev Contents – collecting all the law review table of contents postings; and (2) a category for each specific law review.

Participating law reviews thus far include:

* Boston College

* Chicago

* Columbia

* Cornell

* Duke

* Emory

* Fordham

* Georgetown

* GW

* Harvard

* Indiana

* Michigan

* Minnesota


* Northwestern

* Notre Dame

* Southern California

* Stanford

* Texas


* Vanderbilt

* Virginia

* Washington University

* Yale

We still have a bunch of open invitations, so we anticipate that the number of participants will grow. Unfortunately, we cannot include all law reviews, as this will overwhelm the regular content of our blog.

We hope that you find this new feature to be helpful. We’re very excited about it here, as we believe that this will be of great use to keep you informed about new legal scholarship.