AI & Technology Law

Introduction For more than 40 years, the Federal Circuit required courts evaluating whether a claimed design was obvious to use a rigid and narrow set of criteria that were disconnected from design practice and almost invariably led courts to the...

Introduction Contestation over methodology remains an enduring friction point in the discourse on the Takings Clause. For decades, the Supreme Court’s takings jurisprudence has vacillated between categorical, per se reasoning and contextual, ad hoc inquiries into what fairness and justice...

Loper Bright prompted a tidal wave of reaction throughout the legal community when the Supreme Court announced it was overruling Chevron, the most frequently cited Court decision in administrative law. But Loper Bright cannot mean what it says. This article...

Immediately following his inauguration, President Trump declared a national energy emergency in the United States. While the contours and implications of this declaration remain uncertain, the order’s stated purpose is to advance the President’s domestic energy policy agenda by promoting...

This Essay takes as its jumping-off point Jack Balkin’s claim that judicial decisions both rely on constitutional memory and produce constitutional memory. It discusses the efforts of politicians and judges in the United States, from the moment of emancipation to...

By Callan Showers, Volume 108 Staff Member On November 2, 2023, the Minnesota Supreme Court heard oral arguments on whether Donald Trump can lawfully appear on Minnesota’s ballots in the 2024 Presidential election due to his participation in efforts to...

The article is devoted to the study of the specifics of the legal regulation of the use and development of artificial intelligence for the space area and the related issues of observation of fundamental human rights. Some approaches to the...

Our community brings together those with diverse backgrounds, perspectives, identities, and preferences, and each member contributes to school life through their own distinctive set of viewpoints, experiences, and ideas.We celebrate this diversity. We cherish it.We believe that it can fully...

The Vanderbilt Law School Public Interest Office prepares students for fulfilling and sustainable public interest careers through robust advising, programming, and community support. It fosters a culture of public service by providing the vision, training, and opportunities to serve the...

In 2023, investigative journalists reported multiple instances where billionaires showered Supreme Court Justices with lavish gifts. Previously undisclosed luxury fishing trips, private jet travel, and yacht cruises ignited popular and scholarly debates about Congress’s role in regulating Justices’ conduct. This...

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Introduction Liberal democracy cannot survive without a vibrant, free, and pluralist press. The venerable Fourth Estate has long served to hold the powerful to account, inform the electorate, and provide a forum for debate about vital issues of the day.[1]...

It has often been said that the internet lacks public property. Unlike the offline world, denizens of cyberspace cannot gather in the digital equivalent of public parks, cannot shame websites by picketing on adjacent cyber-sidewalks, and cannot loiter in online...

By DAVID A. HOFFMAN & RICK SWEDLOFF. Full Text. Contract boilerplate degrading consumers' litigation options is omnipresent, but a little mysterious. And that's not just because no one reads it. We know that terms mandating arbitration, exculpating liability, requiring individualized...

Can a business-closure regulation of commercial property in a pandemic be a taking? In the midst of a pandemic, it generally falls to government to enact laws and regulations in an effort to curtail the spread of disease. For example,...

By: Marie Lundgren, Volume 108 Staff Member I. BACKGROUND In 2003, Congress passed the Medicare Modernization Act, marking the largest expansion of benefits in the 38-year history of U.S. public healthcare.[1] When the Medicare program was first enacted in 1965,...

By MEGAN NIEMITALO. Full Text. In Arizona v. United States, the Supreme Court famously invalidated an Arizona statute that criminalized immigration violations and empowered state officials to enforce immigration law. Arizona seemed to settle the issue of whether states can...

Attention Authors: We are looking forward to filling our four remaining spots in Volume 71 this August! We will be accepting submissions through Scholastica from August 1 to August 7. If you would like us to review your manuscript, please...

As the world turns to strategies to stave off the worst effects of the novel coronavirus, now is the time to double down on our commitment to democracy. States around the country are pushing back primary and runoff elections in...

As the coronavirus spreads across the United States, so does an info-demic of dangerous misinformation threatening public health. UN Secretary-General António Guterres characterized this misinfo-demic as a “secondary disease” that needlessly threatens public health, observing that “[h]armful health advice and...

By: Alyssa Shaw, Volume 109 Staff Member If the progress towards closing the gender wage gap continues on the trends of the last few years, women will not be compensated equally to men until at least 2067—over a century after...

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By Hans Frank-Holzner, Volume 108 Staff Member On January 8, 2024, the Supreme Court heard oral arguments in Campos-Chaves v. Garland,[1] a consolidation of three immigration cases concerning the statutory notice requirements the government must meet before it can order...

Annual Banquet -- Save the Date! Each year, the Minnesota Law Review Banquet celebrates the hard work that Editors and Staffers put towards managing the Minnesota Law Review and presents an opportunity for current members to engage with MLR alumni...

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...

This page contains or links to certain information as required by the American Bar Association Section on Legal Education and Admissions to the Bar Standard 509.Vanderbilt Law School is approved by the Council of the Section of Legal Education and...

Municipalities increasingly rely on nonpolice public safety experts—from substance abuse counselors and mental health interventionists to homeless outreach teams and violence interrupters—to address safety issues once solely within the purview of armed police. These “alternate responders” aim to resolve public...