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Who Will Be Liable for Medical Malpractice in the Future? How the Use of Artificial Intelligence in Medicine Will Shape Medical Tort Law
Get PDFPaying Unpayable Debts: Juvenile Restitution and Its Shortcomings in Hennepin County, Minnesota
Get PDF3.6 On Sacred Land with Professor Khaled Beydoun
No full textProfessor Khaled Beydoun (Wayne State University Law School) discusses his recently published article in Minnesota Law Review, On Sacred Land
Introduction to The Bremer-Kovacs Collection: Historic Documents Related to the Administrative Procedure Act of 1946 (HeinOnline 2021)
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Legislative Administration
Get PDFA distinct feature of local administrative practice is that many of the entities responsible for “administering” various statutory schemes are not in fact agencies at all. In jurisdictions large and small, local legislative bodies, including municipal councils and county boards, engage in a great deal of “administrative” activity. They grant permits, approve zoning variances, and hear disciplinary appeals. And in performing these functions they, at least in theory, are subject to the same procedural requirements and substantive standards of review that would apply if the decisions were made instead by an administrative entity. The problem, as courts occasionally have recognized, is that the requirements of administrative law do not always translate neatly into the legislative sphere. Administrative law, for example, is notoriously ambivalent about the role of politics in agency decisionmaking. When administrative decisions are made by purely political bodies, however, one might reasonably wonder whether politics could legitimately play a greater role. This Essay examines the phenomenon of “legislative administration” and considers the degree to which it is compatible with the requirements of administrative law. It argues that although in some contexts, administrative law may need to adjust to accommodate the legislative process, in others, the answer may be to rethink the persistence of legislative administration itself
Winning What’s Owed: A Litigative Approach to Reparations
Get PDFThe continuing effects of slavery are still felt by millions of Black Americans today. A century-and-a-half after the formal end of their enslavement, Black people still suffer the deleterious effects of systemic racism in fundamental areas of their lives. The persistent disparities in health, economic, education, and carceral outcomes of Black people demand that our society take equitable action to ensure all people can fully enjoy the lives and liberties they are entitled to. Despite this call to action, reparations for slavery remain deeply unpopular with the American public. Renewed interest in a federal law proposing a commission to study the payment of reparations, as well as limited local measures attempting to provide reparative relief, provide faint hope for a political solution, but the arc of history has not favored such an outcome. Meanwhile, over 100 years’ worth of lawsuits suing for reparations have failed due to insurmountable justiciability barriers. With legal remedies barred, and political efforts for reparations uncertain, how can our society obtain reparative relief for Black people? This Essay proposes that state attorneys general are well-positioned to engage in litigation with reparative effects for Black people. It argues for a litigative framework contemplating a broader definition of reparations, and that the parens patriae standing held by attorneys general circumvents the justiciability barriers commonly placed in front of reparations lawsuits. This Essay then applies that framework to cases both extant and hypothetical to demonstrate how their remedies would particularly accrue to Black people in repair of harms stemming from the continuing effects of slavery. While such reparative effects would be patchwork and inherently local, not providing apology and spiritual repair (one of the fundamental outcomes of reparations programs), the unjust outcomes Black people suffer as a result of systemic racism cannot wait to be remedied. They demand action now, and this Essay provides a method of providing reparative relief
3.1 Reverse Ejusdem Generis with Professor Jay Wexler
No full textProfessor Jay Wexler (BU Law) discusses his forthcoming article in Minnesota Law Review, Fun with Reverse Ejusdem Generis