Content Posted in 2011 | Mitchell Open Access | William Mitchell College of Law Research

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Content Posted in 2011

2004 Special Masters Conference: Transcript of Proceedings, Various Special Masters

Acceptable Deviance and Property Rights, Mark A. Edwards

A Crash at the Crossroads: Tax and Campaign Finance Laws Collide in Regulation of Political Activities of Tax-exempt Organizations, Elizabeth Kingsley and John Pomeranz

A Crooked Picture: Re-Framing the Problem of Child Sexual Abuse, Eric S. Janus

Aetna v. Davila/CIGNA v. Calad: A Missed Opportunity, Leonard A. Nelson

Aiding the Iraq Debate?, Jeffrey D. Gram

A Legacy of Public Law 280: Comparing and Contrasting Minnesota’s New Rule for the Recognition of Tribal Court Judgments with the Recent Arizona Rule, Kevin K. Washburn and Chloe Thompson

A Myth Deconstructed: “The Emperor’s New Clothes” on the Low-Profit Limited Liability Company, Daniel S. Kleinberger

Annual Report of the Electric Power Committee, J. David Prince

Annual Report of the Electric Power Committee, J. David Prince

Annual Survey of Periodical Literature, Nancy Ver Steegh

Annual Survey of Periodical Literature, Nancy Ver Steegh

Anticipating an Evil Which May Never Exist: Minnesota's Anachronistic Identifying Mark Statute, Michael Freiberg

A Tribute to Anne Simonett, Edward Toussaint

Book Review: Fredrick L. McGhee:A Life on the Color Line, 1861-1912, by Paul D. Nelson, Ann Juergens

Brown’s Legacy: Looking Back, Moving Forward, Wilhelmina M. Wright

Cartoon Criminals: The Unclear Future of Computer Animation in the Minnesota Criminal Courtroom—State v. Stewart, Katherine A. Godden

Case Note: Civil Procedure—The Forest for the Trees: The Minnesota Supreme Court Considers the Collateral Estoppel Effect of Criminal Convictions in Illinois Farmers Insurance Co. v. Reed, Charles Delbridge

Case Note: Contracts—Into the Void: Minnesota Limits Application of the Prima Paint Doctrine—Onvoy, Inc. v. SHAL, LLC, Mikel D. Johnson

Case Note: Criminal Law—Dangerous, Not Deadly: Possession of a Firearm Distinguished from Use Under the Felony-Murder Rule—State v. Anderson, Michael C. Gregerson

Case Note: Procuring a Different Cause: The Return of the Procuring Cause Doctrine As Applied to Minnesota Real Estate Commission Disputes in Rosenberg v. Heritage Renovations, LLC, Robert Schug

Case Note: Property Law—Outdoor Advertising Control Acts Slice City Funds into the Bunker—In re Denial of Eller Media Company’s Applications for Outdoor Advertising Device Permits in the City of Mounds View, Sarah M. Stensland

Case Note: Tort Law—Shades of Gray: The Sophisticated Intermediary Defense Is Now Available For Minnesota Industrial Failure to Warn Actions—Gray v. Badger Mining Corp., Kerri Nelson

Chained to the Past: An Overview of Criminal Expungement Law in Minnesota —State v. Schultz , Jon Geffen and Stefanie Letze

Charitable State Registration and the Dormant Commerce Clause, Charles Nave

Civil Procedure—Court Inflexibility Puts Appellant in a Bad Position Regarding Attorney Mistake—In re Welfare of J.R., Jr., Douglas L. Pfeifer

Clinical Reflections: Looking Ahead Toward the Past, Roger S. Haydock

Clinical Teaching at William Mitchell College of Law: Values, Pedagogy, and Perspective, Eric S. Janus

Cloned Meat, Voluntary Food Labeling, and Organic Oreos, Donna M. Byrne

Collaborative Lawyering: A Process for Interest-Based Negotiation, Jim Hilbert

Conflicts Credentialing: Hospitals and the Use of Financial Considerations to Make Medical Staffing Decisions, James W. Marks and Jayme R. Matchinski

Contracts—Beating Them at Their Own Game: The Business Risk Doctrine and the Broadening Coverage of Commercial General Liability Insurance—Thommes v. Milwaukee Insurance Co., Katherine J. Solon

Crawford in Minnesota: The First Five Years, Ted Sampsell-Jones

Crawford v. Washington: A Small Advantage for Criminal Defense in Cases Where Prosecution Seeks to Introduce Hearsay Evidence, Jason W. Eldridge

Criminal Law—Scarlet Letters: Traffic Stops Based on “Special” License Plates Must Follow the Letter of the Constitution—State v. Henning, Piper Kenney Webb and Bruce H. Hanley

Criminal Law—The Restraint of Common Sense, Not Violent Abusers: The Minnesota Supreme Court’s Misguided Analysis in State v. Colvin, Marc M. Schifalacqua

Decoupling Tax Exemption for Charitable Organizations, Charles A. Borek

Defective Products and Product Warranty Claims in Minnesota, J. David Prince

Drawing the Lines More Brightly: The Minnesota Supreme Court Clarifies Past Insurance Coverage Precedent, Robert P. Thavis

Educational Workshops on Settlement and Dispute Resolution: Another Tool for Self-Represented Litigants in Family Court, Jim Hilbert

Eighth Circuit Trademark Opinions, Kenneth L. Port

Environmental Quality: Three Ways to Decide How Much to Spend, Marcia R. Gelpe

Erlandson v. Kiffmeyer: Minnesota’s Absentee Voting Laws Following the Sudden Death of Incumbent Candidate Paul Wellstone, Elizabeth M. Brama

Essay: Jurisdiction in Family Law Matters: The Minnesota Perspective, Robert E. Oliphant

Essay: Recent Developments in Minnesota Dram Shop Law, Christopher E. Celichowski and Michael T. Johnson

Family Court Reform and ADR: Shifting Values and Expectations Transform the Divorce Process, Nancy Ver Steegh

Federal Court Special Masters: A Vital Resource in the Era of Complex Litigation, Mark A. Fellows and Roger S. Haydock

Federal Whistleblower Protection: A Means to Enforcing Maximum-hour Legislation for Medical Residents, Robert Neil Wilkey

Finessing Well-Plead Derivative Lawsuits: The Implications of the Minnesota Supreme Court's Selection of Auerbach over Zapata, James F. Hogg

Foreword, Helen Meyer

Foreword, Douglas R. Heidenreich

Foreword, Sam Hanson

Foreword: Assisted Reproductive Technology and the Law, Mary Patricia Byrn

Foreword: The State of America’s Health Care System, Tommy G. Thompson

Foreword to Articles Presented at the 2009 Childhood Sexual Abuse Awareness Conference, Phebe Saunders Haugen

For of All Sad Words of Tongue or Pen, The Saddest are “It Might Have Been”—Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity, Katherine Kelly

For the Well-Being of Minnesota’s Foster Children: What Federal Legislation Requires, Gail Chang Bohr

Forum, Federalism, and Free Markets: An Empirical Study of Judicial Behavior Under the Dormant Commerce Clause Doctrine, Mehmet K. Konar-Steenberg and Anne F. Peterson

From the Clinic to the Classroom: Or What I Would Have Learned If I Had Been Paying More Attention to My Students and Their Clients, Peter B. Knapp

Hate Crimes, Homosexuals, and the Constitution, Anthony S. Winer

Illegitimate Children’s Rights in Probate Proceedings—In re Estate of James A. Palmer, Deceased, Robert A. McLeod

In Support of a Unitary Tenure System for Law Faculty: An Essay, Nina W. Tarr

Janssen v. Best & Flanagan: At Long Last, the Beginning of the End for the Auerbach Approach in Minnesota?, Eric J. Moutz

Juvenile Law Developments—“One Last Chance”: Applying Adult Standards to Extended Jurisdiction Juvenile Proceedings—State v. B.Y., Kathryn A. Santelmann and Kara Rafferty

Law in the Time of Cholera: Teaching Disaster Law as a Research Course, Neal R. Axton

Legal Scholarship for Equal Justice: Summary of Panel Discussion, Sam Magavern

Lest We Forget: Celebrating Thirty Years of Clinical Legal Education at William Mitchell College of Law, Rosalie E. Wahl

Mandatory Divorce Education: What do the Parents Say?, Nancy Ver Steegh and Solveig Erickson

Minnesota and the American Rule: The Recoverability of Attorneys’ Fees Following In Re Silicone Implant Insurance Coverage Litigation, John M. Bjorkman

Minnesota Court of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint

Minnesota: Leading the Way on Canadian Prescription Medicine Importation, Kevin Goodno and Karen Janisch

Minnesota's Distortion of Rule 609, Ted Sampsell-Jones

Minnesota’s New Residential Purchase Agreement Cancellation Statute, Larry M. Wertheim

Molloy v. Meier Extends Genetic Counseling Duty of Care to Biological McClain Parents and Establishes that Legal Damages Must Occur Before a Wrongful Conception Action Accrues for Statute of Limitations Purposes, Mark Hallberg and Teresa Fariss

Navigating the Murky Waters of Untruth in Negotiation: Lessons for Ethical Lawyers, Deborah A. Schmedemann

Note: A Painful Catch-22: Why Tort Liability for Inadequate Pain Management Will Make for Bad Medicine, James R. Blaufuss

Note: Capping Noneconomic Damages in Medical Malpractice Suits Is not the Panacea of the “Medical Liability Crisis”, Melissa C. Gregory

Note: Exclusive Licensing of DNA Diagnostics: Is There a Negative Effect on Quantity and Quality of Healthcare Delivery that Compels NIH Rulemaking?, Edward Weck

Note: Get the Balance Right: Finding an Equilibrium Between Charitable Solicitation, Fraud, and the First Amendment in Illinois ex rel. Madigan v. Telemarketing Associates, Inc., 538 U.S. 600 (2003), Christopher R. Sullivan

Note: Minnesota’s Proposed Same-sex Marriage Amendment: A Flamingly Unconstitutional Violation of Full Faith and Credit, Due Process, and Equal Protection, JoLynn M. Schlichting

Note: Poison in Our Own Backyards: What Minnesota Legislators Are Doing to Warn Property Purchasers of the Dangers of Former Clandestine Methamphetamine Labs, Signe Land Levine

Note: The Earthquake that Will Move Sentencing Discretion Back to the Judiciary? Blakely v. Washington and Sentencing Guidelines in Minnesota, Matthew R. Kuhn

Note: The Legislature Should Clean Up Its Act—The Minnesota Citizens’ Personal Protection Act, a DNR Technical Bill, and the Single-Subject and Title Clause of the Minnesota Constitution, Melissa M. Milbert

Off-label Use and the Medical Negligence Standard Under Minnesota Law, Cynthia A. Moyer

One Lantern in the Darkest Night - The CIA's Inspector General, Afsheen John Radsan

On Silence: A Reply to Professors Cribari and Judges, Ted Sampsell-Jones

Open Letter to Director David Kappos of the United States Patent and Trademark Office, Kenneth L. Port

Opining on the 501(C)(3) Tax-Free Bond Transaction: Avoiding Common Borrower's Counsel Misconceptions, Gina M. Torielli

Our Perspective on IRAC, Christina L. Kunz and Deborah A. Schmedemann

Out of the Frying Pan, Into the Fire: The Feasibility of Post-Dispute Employment Arbitration Agreements, Lewis L. Maltby

Patent Law and the Duty of Candor: Rethinking the Limits of Disclosure, Jay Erstling

Patriarchy, Paternalism, and the Masks of Fetal Protection., A. Kimberley Dayton

Personal Jurisdiction and the Stream of Commerce, A. Kimberley Dayton

Philosophy and Opinions, Warren Ortland

Plausible Answers and Affirmative Defenses, Eric S. Janus and Thomas Tinkham

Practicing What We Teach: The Importance of Emotion and Community Connection in Law Work and Law Teaching, Ann Juergens

Preserving and Promoting Minnesota’s Recreational Trails: State v. Hess, Robin M. Wolpert

Pressure of the Popular: Presidential Prestige and the High Court, Timothy W. Clark

Preventive Detention, Character Evidence, and the New Criminal Law, Ted Sampsell-Jones

Prior Restraint Is Nearer Than Readers Realize, Steven P. Aggergaard

Property Law—Minnesota’s Lake Shore Property Owners Without Road Access Find Themselves up a Creek Without a Paddle—In Re Daniel for the Establishment of a Cartway, Kirstin Kanski

Proximate Cause in Civil Damages Act Cases, Michael K. Steenson

Quest for Cash: Exempt Organizations, Joint Ventures, Taxable Subsidiaries, and Unrelated Business Income, J. Patrick Plunkett and Heidi Neff Christianson

Raich, Health Care, and the Commerce Clause, Alex Kreit and Aaron Marcus

Recent Developments in Minnesota Corporate Law, Mark S. Weitz, Jeffrey L. Cotter, and David J. Seno

Relocation Revisited: Sex Trafficking of Native Women in the United States, Sarah Deer

Revoke First, Ask Questions Later: Challenging Minnesota’s Unconstitutional Pre-hearing Revocation Scheme, Jeffrey S. Sheridan and Erika Burkhart Booth

Risks and Rewards of Law Student Volunteer Service: A Supervisor’s Perspective, Julie E. Bennett and Sharon H. Fischlowitz

Roleplays as Rehearsals for “Doing the Right Thing”---Adding Practice in Professional Values to Moldovan and United States Legal Education, Ann Juergens

Rosalie Wahl’s Vision for Legal Education: Clinics at the Heart, Ann Juergens

Sexually violent predator laws: psychiatry in service to a morally dubious enterprise, Eric S. Janus

Sin, Salvation, and the Law of Charities, Corwin R. Kruse

Social Networking and Workers’ Compensation Law at the Crossroads, Gregory M. Duhl

Special Masters in State Court Complex Litigation: An Available and Underused Case Management Tool, Lynn Jokela and David F. Herr

State v. Askerooth: Re-Applying the Terry Principle of Reasonableness to Traffic Stops Under the Minnesota Constitution, Jodie Carlson

State v. Colosimo: Minnesota Anglers’ Freedom from Unreasonable Searches and Seizures Becomes “The One That Got Away”, Edwin J. Butterfoss and Joseph L. Daly

Tax-Exempt Organizations and Internet Commerce: The Application of the Royalty and Volunteer Exceptions to Unrelated Business Taxable Income, Leeanna Izuel and Leslie Y. Park

Terminal Decisions: Landmark Cases in the Path Toward Ethical End-of-Life Care, Phebe Saunders Haugen

Terminating Public School Teachers for Cause Under Minnesota Law, Christine D. Ver Ploeg

Testing Applicants with Disabilities, Gregory M. Duhl and Stuart Duhl

The Accidental Elder Law Professor, A. Kimberley Dayton

The Changing Accountability Climate and Resulting Demands for Improved Fiduciary Capacity Affecting the World of Public Charities, Ellen W. McVeigh and Eve R. Borenstein

The Chorus of Liars: Opsahl v. State of Minnesota, David T. Schultz

The Creativity of the Common-Law Judge: The Jurisprudence of William Mitchell, Charles J. Reid Jr.

The Definitional Hub of e-Commerce: "Record", Christina L. Kunz

The Expansion of Punitive Damages in Minnesota: Environmental Litigation After Jensen v. Walsh , Alexandra B. Klass

The Expansion Trajectory: Trademark Jurisprudence in the Modern Age, Kenneth L. Port

The Goals of Environmental Enforcement and the Range of Enforcement Methods in Israel and in the United States, Marcia R. Gelpe

The Healing Presence of Clients in Law School, Angela McCaffrey

The Illegitimacy of Trademark Incontestability, Kenneth L. Port

The Law School Clinic as a Model Ethical Law Office, Peter A. Joy

The Limits of Business Limited Liability: Entity Veil Piercing and Successor Liability Doctrines, John H. Matheson

The Minnesota Commitment Act of 1982 Summary and Analysis, Eric S. Janus and Richard M. Wolfson

The Moussaoui Case: The Mess from Minnesota, Afsheen John Radsan

The Quicksands of Originalism: Interpreting Minnesota’s Constitutional Past, Douglas A. Hedin

The Role of Primary Assumption of Risk in Civil Litigation in Minnesota, Michael K. Steenson

The Silent Victims: Children and Domestic Violence, Nancy Ver Steegh

The Single Member Limited Liability Company as Disregarded Entity: Now You See it, Now You Don’t, Daniel S. Kleinberger

The Uniform Collaborative Law Act and Intimate Partner Violence: A Roadmap for Collaborative (and Non-Collaborative) Lawyers, Nancy Ver Steegh

The Uses and Misuses of Statistical Proof in Age Discrimination Claims, Thomas Tinkham

To Be or Not to Be Both CEO and Board Chair, Thuy-Nga T. Vo

Tort Law—The Motorist’s Guide to State Policy: Vehicle Owner Vicarious Liability Following Grants of Initial Permission—Christensen v. Milbank Insurance Co., Christopher K. Iijima

Toward a Conceptual Framework for Assessing Police Power Commitment Legislation, Eric S. Janus

Towards a New Scholarship for Equal Justice, James S. Liebman

Unlawful Discrimination or a Necessity for a Fair Trial?: Exclusion of a Law Clerk with a Disability from the Courtroom During Jury Trial of a Personal Injury Case, Luther A. Granquist

Unsung Hero: The Life of a Foot Soldier for Justice, Valerie M. Jensen

Using Patents to Protect Traditional Knowledge, Jay Erstling

When Your Body is Your Business, Mary Patricia Byrn and Morgan Holcomb

Windfall Justice: Sentences at the Mercy of Hypertechnicality, Jack Nordby

Yes, No, and Maybe: Informed Decision Making About Divorce Mediation in the Presence of Domestic Violence, Nancy Ver Steegh