Minnesota Law Review
Articles & Essays
Preventing Harm at the Source: The Case for Regulatory Justice
What if the key to reducing crime in our communities was not more prosecution, but smarter regulation? I argue in this Article that consumer law is an underused and powerful...
Presidential Control of the Civil Service
Conventional wisdom treats the federal civil service as largely beyond the President’s reach. This Article challenges that assumption. Legal scholars too often focus on constitutional powers rather than statutory authority...
Dismantling Disability Segregation
Over fifty years ago, the Individuals with Disabilities Education Act (IDEA) promised that students with disabilities would attend school alongside their nondisabled peers in the least restrictive environment. Yet today...
Faith Investors
It is the best of times for advocates of religious liberty and the worst of times for Environmental, Social, and Governance (ESG) investors. Over the past few decades, the Supreme...
Flexible Work, Rigid Discrimination
Legal scholars optimistically predicted that the adoption of remote work would provide historically excluded workers upward mobility through an opportunity to join the workforce or access better jobs. Remote work...
Article III and the Recess-Appointed Judge
Roughly three hundred Article III judges have decided cases without life tenure, serving under short-term commissions issued through the Recess Appointments Clause. And yet the Supreme Court’s jurisprudence on non-Article...
Notes
The Judiciary's Intrusion into the Power to Tax: The Constitutionality of Taxing Unrealized Gains and Argument for Deference to the Elected Branches
In the United States, investment income (e.g., capital gains, dividends, interest) is favored over earned income (e.g., salary, self-employment, tips). While Congress bears some responsibility for the favorable treatment that...