Content Posted in 2015 | Mitchell Hamline Open Access | Mitchell Hamline School of Law Research

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Content Posted in 2015

20th Anniversary Reprint of the 1995 HCBA Report: Legal Employers' Barriers to Advancement and to Economic Equality Based Upon Sexual Orientation, Thomas H. Garrett III

Abolition of the Mental Illness Defense, Stephen C. Rathke

Adapting Alice: How to Formulate a Repeatable Test Based on Alice v. CLS Bank, Kelly Fermoyle

Administrative Law—Discovery of Agency's Decision-making Process—In re Lecy, 304 N.W.2d 894 (Minn. 1981)

Administrative Law—Institutional Decisionmaking—Urban Council on Mobility v. Minnesota Department of Natural Resources, 289 N.W.2d 729 (Minn. 1980)

Administrative Law—The Occupational Licensing Act—Act of Apr. 9, 1976, ch. 222, 1976 Minn. Laws 722

Administrative Law—The Uniform Controlled Substances Act—State v. King, 257 N.W.2d 693 (Minn. 1977)

Adoptive Admissions in Minnesota: The Duplessie Rule [State v. Duplessie, 304 Min. 417, 231 N.W.2d 548 (1975)]

Afterword, Robert J. Sheran

A Legislative History of the Minnesota "Superfund" Act, Alan C. Williams

Analysis of Recent Workers' Compensation Developments, Kenneth F. Kirwin

An Amicus Perspective on Recent Minnesota Criminal Expungement, Lindsay W. Davis

An Analysis of Current Communications Initiatives in the FCC and Congress , J. Michael Brown, Ronald M. Hershkowitz, and Terry Michael Banks

A Needs Analysis of an Intermediate Appellate Court, Laurence C. Harmon and Gregory A. Lang

An Examination of the "Arising out of" and the "in the Course of" Requirements Under the Minnesota Workers' Compensation Law, Gene P. Bradt

An Examination of the Effects of Institutional Racism and Systemic Prejudice on Intimate Partner Violence in Minority Communities, Emerson Beishline

Animal Feedlot Regulation in Minnesota, Marcia R. Gelpe

An Overview of Legal Protection for Fictional Characters: Balancing Public and Private Interests, Amanda Schreyer

Appeals to the New Minnesota Court: Foreword, Douglas K. Amdahl

A Primer on Minnesota No-Fault Automobile Insurance, Michael K. Steenson

A Proposal for Compensating Landowners for the Effects of Urban Redevelopment

A Recommendation for Juvenile Jury Trials in Minnesota

A Rejoinder to the Brehl-Gallagher Response, Bruce M. Louiselle and Jean E. Heilman

A Review of Federal, State and Local Regulation of Cable Television in the United States, Adrian E. Herbst, Gary R. Matz, and John F. Gibbs

A Short History of Patent Remedies, James Ryan

Assumption of the Risk and the Fireman's Rule

A Survivor's Guide to Larson v. Wasemiller: An Aid to Eliminating Reversible Error in Managing Negligent Credentialing Claims under Minnesota Law, Mark R. Whitmore

A Synopsis of the Symposium, David J. Spencer

At a Crossroads: Bringing Minnesota's Same-Sex Couples Into the Law, Phil Duran

Attorney Advertising in Minnesota

A Uniform System of Citation. By Columbia Law Review, Harvard Law Review Association, University of Pennsylvania Law Review, and Yale Law Journal, Donald H. Gjerdingen

Bar Admission—Default on Student Loan Warrants Denial of Admission to Minnesota Bar—In re Gahan, 279 N.W.2d 826 (Minn. 1979)

Beyond Xenophobia: The Role of Race and Gender Expectations Behind the LPGA's English Language Policy, LaJuana Davis

Blueprint for Respect: Creating an Affirming Environment in the Courts for the Lesbian, Gay, Bisexual, and Transgender Communites , Paula J. Hepner

Cargill v. Ace American Ins. Co.: The Minnesota Supreme Court Reminds Us of the Value of Every 2-Year-Old's Favorite Question, Chad Snyder

Child Custody—Jurisdiction of Noncustody Court to Conduct Evidentiary Hearing Under Uniform Child Custody Jurisdiction Act—In re Mullins, 298 N.W.2d 58 (Minn. 1980)

Civil Procedure—Jurisdiction—Savchuk v. Rush: A Eulogy—Savchuk v. Rush, 311 Minn. 480, 245 N.W.2d 624 (1976), vacated and remanded, 433 U.S. 902 (1977), aff'd on remand, 272 N.W.2d 888 (Minn. 1978), rev'd 444 U.S. 320 (1980)

Civil Procedure: Seider with a Minnesota Flavor—A Federal Court Imports Quasi in Rem Jurisdiction Based on Garnishment of Liability Insurance Obligations [Rintala v. Shoemaker, 362 F.Supp. 1044 (D. Minn. 1973)]

Clinical Legal Education: The History and Development of a Law Clinic, Roger S. Haydock

Codifying the Intent Test, Mary Patricia Byrn and Erica Holzer

Commercial Law—Equitable Estoppel and the U.C.C. Statute of Frauds—Sacred Heart Farmers Cooperative Elevator v. Johnson, 305 Minn. 324, 232 N.W.2d 921 (1975); Del Hayes & Sons, Inc. v. Mitchell, 304 Minn. 275, 230 N.W.2d 588 (1975)

Commercial Law—Injunctive Relief for the Letter-of-Credit Customer—Shaffer v. Brooklyn Park Garden Apartments, ___ Minn. ___, 250 N.W.2d 172 (1977)

Commercial Law—Revocation of Acceptance Under U.C.C. § 2-608—Durfee v. Rod Baxter Imports, Inc., 262 N.W.2d 349 (Minn. 1977)

Commercial Law—The U.C.C. and Disclaimer of Consequential Damages—Cambern v. Hubbling, ___ Minn. ___, 238 N.W.2d 622 (1976); Kleven v. Geigy Agricultural Chemicals, 303 Minn. 320, 227 N.W.2d 566 (1976)

Commercial law—Usury Defense Unavailable to Guarantors of Corporate Loans—Charmoll Fashions, Inc. v. Otto, ___ Minn. ___, 248 N.W.2d 717 (1976)

Common Rights and Obligations Among Unit Owners Under the Minnesota Uniform Condominium Act

Comparable Worth—Its Status in the Nation and Minnesota

Compensation for Disease Under the Minnesota Workers' Compensation Law, Kenneth F. Kirwin

Constitutional Law—Church Property Tax Exemption—Ideal Life Church of Lake Elmo v. County of Washington, 304 N.W.2d 308 (Minn. 1981)

Constitutional Law—Equal Protection and Illegitimacy—Unborn Child v. Evans, ___ Minn .___, 247 N.W.2d 600 (1976)

Constitutional Law—First Amendment Overrides Municipal Attempt to Zone Adult Bookstores and Theaters—Alexander v. City of Minneapolis, 698 F.2d 936 (8th Cir. 1983)

Constitutional Law: How Minnesota Unconstitutionally Broadened Its Assisted-Suicide Statute—State v. Melchert-Dinkel, James Schoeberl

Constitutional Law—Search And Seizure—No Fourth Amendment Implications Raised by the Monitoring of an Electronic Tracking Device Installed in a Car Traveling onto Private Property from a Public Roadway—United States v. Knotts, 103 S. Ct. 1081 (1983)

Constitutional Law—Search of an Attorney's Office Held Unreasonable Under the Minnesota Constitution—O'Connor v. Johnson, 287 N.W.2d 400 (Minn. 1979)

Contribution and Indemnity—An Examination of the Upheaval in Minnesota Tort Loss Allocation Concepts

Contributory Fault and Strict Products Liability: A Reappraisal

Contributory Negligence of Young Children—Minnesota Adheres to the Massachusetts Rule [Toetschinger v. Ihnot, ___ Minn. ___, 250 N.W.2d 204 (1977)]

Corporations—Disregarding the Corporate Entity—Victoria Elevator Co. v. Meriden Grain Co., 283 N.W.2d 509 (Minn. 1979)

Corporations—Fiduciary Duty to Creditors—Swanson v. Tomlinson Lumber Mills, Inc., ___ Minn. ___, 239 N.W.2d 216 (1976)

Corporations—Piercing the Corporate Veil—Manufacturers Building, Inc. v. Heller, ___ Minn. ___, 235 N.W.2d 825 (1975)

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

Criminal Law—Accepting the Guilty Plea—State v. Goulette, 258 N.W.2d 758 (Minn. 1977)

Criminal Law—Battered Child Syndrome—State v. Durfee, 322 N.W.2d 778 (Minn. 1982)

Criminal Law—Excluding Evidence of Prior Crimes When Trial Resulted in Acquittal—State v. Wakefield, 278 N.W.2d 307 (Minn. 1979)

Criminal Law—Guidelines Adopted Concerning Joint Representation of Multiple Defendants—State v. Olsen, 258 N.W.2d 898 (Minn. 1977)

Criminal Law—Hypnotically-Induced Testimony Held Inadmissable in Criminal Proceeding—State v. Mack, 292 N.W.2d 764 (Minn. 1980)

Criminal Law—Inherent Judicial Authority to Expunge Criminal Records—State v. C.A., 304 N.W.2d 353 (Minn. 1981)

Criminal Law: No Looking Back: Narrowing the Scope of the Retroactivity Doctrine for Juveniles Sentenced to Life Without Release—Roman Nose v. State, Alex Mazurek

Criminal Procedure—Entrapment—State v. Ford, 276 N.W.2d 178 (Minn. 1979)

Cubes of Air: Planning a Condominium Development Under the Minnesota Act

Cultural Competency: A Necessary Skill for the 21st Century Attorney, Travis Adams

Data Privacy: Everything You Wanted to Know About the Minnesota Government Data Practices Act—From "A" to "Z", Donald A. Gemberling and Gary A. Weissman

Defamation in Employment Investigations: Bahr v. Boise Cascade Corporation and O'Donnell v. City of Buffalo, Kristin Berger Parker and Ellen G. Sampson

Definition of "Rule" Under the Minnesota Administrative Procedure Act

Dependency and No-Fault Survivors' Economic Loss Benefits After Auto Owners Ins. Co. v. Perry: A Call for Legislative Action, Markus C. Yira

Depression Jurisprudence Revisited: Minnesota's Moratorium on Mortgage Foreclosure, Roland C. Amundson and Lewis J. Rotman

Deregulation and the AT&T Divestiture: A Competitor's Perspective, Robert D. Alton

Developments in the Minnesota Law of Conflict of Laws, William B. Danforth

Disregard of the Corporate Entity

Domestic Relations—Alienation of Affections—Gorder v. Sims, ___ Minn. ___, 237 N.W.2d 67 (1975)

Domestic Relations—Fault in Marriage Dissolution—Peterson v. Peterson, ___ Minn. ___, 242 N.W.2d 103 (1976)

Do We Want a Responsible Press?: A Call for the Creation of Self-regulatory Mechanisms, Robert J. Sheran and Barbara S. Isaacman

Drafting the Residential Contract of Sale, Caryl A. Yzenbaard

Due Process and Minnesota Long Arm Jurisdiction: A Criticism of the Minimum Contacts Standard

Due Process Requirements of Interim Rates and Cost Adjustment Clauses, Richard De Long

Economic Efficiency as the Primary Objective of State Utility Commission Policy, Neil Hamilton and Irving Colacci

Efficiency as a Standard for Evaluating Legal Rules, Russell Pannier

Elder Abuse: The Merit of Mandatory Reporting Laws and the Minnesota Response

Election Law—Minnesota Ballot Position Statute Does Not Violate Equal Protection—Ulland v. Growe, 262 N.W.2d 412 (Minn.), cert. denied, 436 U.S. 927 (1978)

Electronically Stored Information: What Hath God Wrought?, Roger S. Haydock

Employees' Claims for Concurrent Payment of Temporary Disasability and Retraining Benefits, Thomas A. Walsh

Employment Contracts: Covenants Not to Compete in Minnesota

Entre Muchas Islas: An Afro-Latina Legal Critic in the Paradoxical Age of Obama, Nise Guzman Nekheba

Environmental Law—A Balancing Test Adopted Under MERA—MPIRG v. White Bear Rod & Gun Club, 257 N.W.2d 762 (Minn. 1977)

Environmental Law—Minnesota Environmental Policy Act—In re City of White Bear Lake, ___ Minn. ___, 247 N.W.2d 901 (1976)

Equal Employment Opportunity for Women in Minnesota: The Prohibition Against Sexual Harassment, Andrew W. Haines

Evidence—Presumption of Decedents' Due Care—Price v. Amdahl, ___ Minn. ___, 256 N.W.2d 461 (1977)

Evidence—Remedies—Property Rights—Torts—Busch v. Busch Construction, Inc., 262 N.W.2d 377 (Minn. 1977)

Facially Neutral Tax Deductions for Educational Expenses and the Establishment Clause—Mueller V. Allen, 103 S. Ct. 3062

Factors to Be Considered in Distributing Revenues Among Utility Customer Classes, Eldon J. Spencer Jr.

Failure to Allocate? Nobody Pays: Using Miller Shugart Settlements in Cases of Questionable Insurance Coverage, Jerome Abrams

Fair Use and Appropriation Art, Niels Schaumann

Family Law—Child Stealing—State v. McCormick, 273 N.W.2d 624 (Minn. 1978)

Family Law Issues for Same-Sex Couples in the Aftermath of Minnesota's Same-Sex Marriage Law: A Family Law Attorney's Perspective, Gary A. Debele

Family Law—Parental Rights in Changing Child's Surname—In re Saxton, 309 N.W.2d 298 (Minn. 1981), cert. denied, 455 U.S. 1034 (1982)

Foreword, Neil Hamilton

Foreword, Warren E. Burger

Foreword, Kathryn E. Wagner

Foreword, Daniel L. Bruzzone and Brad D. Pedersen

Foreword: Legislative History of the Minnesota Uniform Condominium Act, Frederick L. Thorson

Fourth Amendment Rights of Probationers and Parolees [State v. Earnest, 293 N.W.2d 365 (Minn. 1980])

Franchise Law—Third-party Assignee of Franchisor Subject to All Defenses Available to Franchisee—Chase Manhattan Bank v. Clusiau Sales & Rental, Inc., 308 N.W.2d 490 (Minn. 1981)

From T.L.O. to Safford: A Close Look at the U.S. Supreme Court's Decisions on Searches of Students and the Principles that Emerge from these Cases, Michael K. Jordan

Get Out From Under Your Overcoat, Jeanne J. Graham

Government—Open Meeting Law and the Attorney-Client Privilege—Minneapolis Star & Tribune Co. v. HRA, ___ Minn. ___, 251 N.W.2d 620 (1976)

Grounds and Procedures for Attacking Real Property Tax Assessments in Minnesota

Hearsay Evidence—Admissibility at Criminal Trials of ex parte Statements where Declarant is Unavailable—State v. Hansen, 312 N.W.2d 96 (Minn. 1980)

History of William Mitchell College of Law

How Spotify Killed the Radio Star: An Analysis on How the Songwriter Equity Act Could Aid the Current Online Music Distribution Market in Failing Artists, Caitlin Kowalke

Imdeminification and Insurance: Who Is To Blame?—Engineering & Construction Innovations, Inc. v. L.H. Bolduc Co., 803 N.W.2d 916 (Minn. Ct. App. 2011), Eric M. Carpenter

Impeachment of Verdicts by Jurors—Rule of Evidence 606(b)

Implications for Economic Regulation of Cable Television, Neil W. Hamilton

Indian Law—State Jurisdiction Over Indian Reservations—Red Lake Band of Chippewa Indians v. State, ___ Minn. ___, 248 N.W.2d 722 (1976)

Inspection of Privileged Materials Under Rule of Evidence 612

Insurance Law—An Insurer's Duty to Defend Its Insured and an Insurer's Liability for Wrongfully Declining to Defend Its Insured—Lanoue v. Fireman's Fund American Insurance Cos., 278 N.W.2d 49 (Minn. 1979)

Inter Partes Review: A Multi-Method Comparison for Challenging Patent Validity, Joseph W. Dubis

Intervention, Joinder, and Issue Preclusion: A New Look at Tort Claim Procedures [Hart v. Cessna Aircraft Co., 276 N.W.2d 166 (Minn. 1979)]

Judicial Disciplinary Proceedings in Minnesota

Judicial Powers of Non-Judges: The Legitimacy of Referee Functions in Minnesota Courts, John M. Stuart

Judicial Review of Rate of Return Calculations, Samuel L. Hanson and R. Scott Davies

Judicial Review of Utility Ratemaking in Minnesota: An Analysis and a Proposal, Neil Hamilton and Irving Colacci

Jurisdiction of the Minnesota Court of Appeals, David W. Larson

Just Governance or Just War?: Native Artists, Cultural Production, and the Challenge of "Super-Diversity", Rebecca Tsosie

Justice William Mitchell: A Centennial Tribute

Juvenile Law—Referral for Prosecution—In re Welfare of I.Q.S., ___ Minn. ___, 244 N.W.2d 30 (1976)

Konantz, Koester, McCrossan, and Title to Torrens Property

Labor Law: The Duty to Arbitrate Matters of Life and Limb—The United States Supreme Court Confronts the Safety Strike [Gateway Coal Co. v. UMW, 414 U.S. 368 (1974), rev'g 466 F.2d 1157 (3d Cir. 1972)]

Landlord-Tenant Law—Abolition of Self-Help Repossession—Berg v. Wiley, 264 N.W.2d 145 (Minn. 1978)

Landlord-Tenant Law—The Duties of a Commercial Landlord to Inform and Protect—Vermes v. American District Telegraph Co., ___ Minn. ___, 251 N.W. 2d 101 (1977)

Land Use Planning—The Metropolitan Land Use Planning Act—Act of Apr. 2, 1976, ch. 127, 1976 Minn. Laws 292

Levels of Generality and the Protection of LBGT Rights Before the United Nations General Assembly, Anthony S. Winer

Levels of Generality and the Protection of LGBT Rights Before the United Nations General Assembly, Anthony S. Winer

Life with Hoyt: Avoiding Misrepresentation Claims in Negotiating Settlement Agreements, Eric J. Magnuson and Daniel J. Supalla

Liquor Licensing—Supreme Court Reversal of a Municipality's Denial of a License—Wajda v. City of Minneapolis, ___ Minn. ___, 246 N.W.2d 455 (1976)

Lost Profits for the Lost Volume Seller: A Businessperson's Pipe Dream or Entitlement?

Minnesota and the Fair Credit Reporting Act: A Proposed Reform of an Inadequate Law

Minnesota Consumer Law Handbook. By Roger S. Haydock, Warren R. Spannaus

Minnesota Defamation Law and the Constitution: First Amendment Limitations on the Common Law Torts of Libel and Slander

Minnesota Discovery Practice. By Roger S. Haydock with David F. Herr, William B. Danforth

Minnesota Does Not Need an Intermediate Appellate Court, Henry Halladay

Minnesota Price Discrimination and Sales-Below-Cost Statutes: Should They Be Repealed, Amended, or Left Alone?, Leon R. Goodrich

Minnesota Rational Relation Test: The Lochner Monster in the 10,000 Lakes, Deborah K. McKnight

Minnesota's Approach to the Regulation of Cable Television, W. D. Donaldson

Minnesota's Inherent Authority Criminal Expungement Law: Two Years After State v. S.L.H., Lindsay W. Davis

Minnesota's Special Compensation Fund, Winston Ehlmann

Minnesota (Trans)Gender Markers: State Statutes and Policies on Amending Identity Documents, Jenna Johnson

Mixed Use Condominiums Under the Minnesota Uniform Condominium Act, John B. Lundquist

Movement in Attitude and Structure from the Code to the Model Rules

Municipal Tort Liability and the Public Duty Rule: A Matter of Statutory Analysis [Cracraft v. City of St. Louis Park, 279 N.W.2d 801 (Minn. 1979)]

Municpal Corporations—Special Assessment Determination—In re Village of Burnsville, ___ Minn. ___, 245 N.W.2d 445 (1976)

National Security or Xenophobia: The Impact of the Foreign Investment and National Security Act ("FINSA") in Foreign Investment in the U.S., Maira Goes de Moraes Gavioli

No-Fault in a Fault Context: Tort Actions and Section 65B.51 of the Minnesota No-Fault Automobile Insurance Act, Michael K. Steenson

Note: A Critique of Brazil's New Land Reform Law: How LEI No. 11.952 Disregards the Constituicao, International Law, and the Quilombolas, Joao M. da Fonseca

Note From the Dean, Eric S. Janus

Notice of Claim Requirement Under the Minnesota Municipal Tort Liability Act

Nuisance Law—Lack of Criminal Intent and Use of Reasonable Care Are No Defense to Statutory Nuisances—State v. Lloyd A. Fry Roofing Co., ___ Minn. ___, 246 N.W.2d 692 (1976)

Obviousness of Product Dangers as a Bar to Recovery: Minnesota Apparently Adopts the Latent-Patent Doctrine [Halvorson v. American Hoist & Derrick Co., ___ Minn. ___, 240 N.W.2d 303 (1976)]

On Balance: General Casualty Co. v. Wozniak Travel, Inc., Kenneth L. Port

Oyez, Oyez: An Inside Look at Romer v. Evans, Mary A. Celeste

Paternity—The Right of an Indigent Putative Father to Counsel in a Paternity Action—Hepfel v. Bashaw, 279 N.W.2d 342 (Minn. 1979)

Pay Television Piracy: Does Section 605 of the Federal Communications Act of 1934 Prohibit Signal Piracy—And Should It?

Preface, J. David Prince

Prejudgment Interest in Minnesota

Preserving Minnesota Wetlands: Plugging the Leaks in the Minnesota Water Management Law

Presumptions and the New Rules of Evidence in Minnesota, Peter N. Thompson

Problems of Judicial Power and Discretion in Federal Pendent Jurisdiction Cases

Products Liability—Recovery of Economic Loss in Commercial Transactions—Superwood Corp. v. Siempelkamp Corp., 311 N.W.2d 159 (Minn. 1981)

Products Liability: The Victim's Conduct as a Bar to Recovery—The Minnesota Supreme Court Reaffirms the Magnuson "Limiting Factors" [Waite v. American Creosote Works, 295 Minn. 288, 204 N.W.2d 410 (1973)]

Property Damage Caused by Defective Products: What Losses Are Recoverable?, David E. Bland and Robert M. Wattson

Property Law: Limited Compensation Under Minnesota's Minimum-Compensation Statute—County of Dakota v. Cameron, Kristine J. Williams

Proximate Cause in Civil Damages, Michael E. Steenson

Public Charity Update: Other Courts Weigh In, Lucinda E. Jesson and Myron L. Frans

Public Employee Pension Benefits—A Promissory Estoppel Approach—Christensen v. Minneapolis Municipal Employees' Retirement Board, 331 N.W.2d 740 (Minn. 1983)

Punitive Damages in Products Liability Actions: A Look at a Newly Extended Doctrine [Gyrc v. Dayton-Hudson Corp., 297 N.W.2d 727 (Minn. 1980)]

Racial Profiling in Greater Minnesota and the Case for Expanding the Driver's License Privilege to All Minnesota Residents, Benjamin Feist, Teresa Nelson, and Ian Bratlie

Ratemaking Treatment of Abandoned Generating Plant Losses, Rodney A. Wilson

Real Property—Abandonment of Contract for Deed—Berman v. Kieren, ___ Minn. ___, 247 N.W. 2d 405 (1976)

Recent Developments in Minnesota Antitrust Law, Neil Hamilton

Recovery of Electric Utility Losses from Abandoned Construction Projects, Gene R. Sommers

Recusal of Federal District Court Judges and the "Supervisory Power" Doctrine

Reflections on the 20th Anniversary of the 1995 HCBA Report, Jerry Burg and Joni M. Thome

Reflections on the Minnesota Uniform Condominium Act, Bruce W. Burton

Regionally Based Collective Trademark System in Japan: Geographical Indicators by a Different Name or a Political Misdirection?, Kenneth L. Port

Regulating Timeshare Interests in Minnesota: A Comprehensive Solution

Regulation Of Noncompliant Publicly Owned Treatment Works Under The Clean Water Act

Release of Joint Tortfeasors: Use of the Pierringer Release in Minnesota, John E. Simonett

Religious Victory Over the Affordable Care Act? Possible Recourse for the Employee of the Religious Employer, Jacqueline Prats

Remedies By Judicial Review of Agency Action in Minnesota, Duncan H. Baird

Remedies—Damages for Lost Profits of an Unestablished Business—Leoni v. Bemis Co., ___ Minn. ____, 255 N.W.2d 824 (1977)

Resale Royalties for Visual Artists: Promoting Equity and Expression, Alma Robinson

Response to The Case for the Use of an Appropriate (Hypothetical) Capital Structure in Utility Ratemaking, James W. Brehl and James A. Gallagher

Retaining the Scarlet Letter: The Tension Between Branch Powers, Law, and Equity with Inherent Authority Expungement—State v. M.D.T., Robert C. Whipps

Review of Minnesota Public Utilities Commission Decisions Regarding Capital Structure Matters , James W. Brehl and James A. Gallagher

School Law—Dismissal for Conduct Unbecoming A Teacher—Kroll v. Independent School District No. 593, 304 N.W.2d 338 (Minn. 1981)

Sentencing Antitrust Offenders: Reconciling Economic Theory with Legal Theory, Kenneth G. Dau-Schmidt

Social Engineering in New Zealand and the United States: A Comparison of Approaches to Tort Reform, Geoffrey W.R. Palmer

Some Second and Third Thoughts on an Intermediate Court of Appeals, Carl Norberg

Stacking of Basic Economic Loss Benefits Under the Minnesota No-Fault Automobile Insurance Act [Wasche v. Milbank Mutual Insurance Co., 268 N.W.2d 913 (Minn. 1978)]

Standard and Burden of Proof in Mental Commitment and Release Proceedings

State Regulatory Problems, Terry Hoffman

Statute Of Frauds—New Requirements for Enforceable Purchase Agreements—Schwinn v. Griffith, 303 N.W.2d 258 (Minn. 1981)

Subrogation and Indemnity Rights Under the Minnesota No-Fault Automobile Insurance Act

Sulfide Mining in Northern Minnesota: A Review of Possible Legal Recourse for Environmental Harm to Individuals, Jamison L. Tessneer

Summary Judgment in Minnesota: A Search for Patterns, James R. Pielemeier

Supervised Judicial Clerkships: A Valuable Clinical Experience, David F. Herr

Swanson v. Brewster: Are the Minnesota Courts Reforming the Tort System?, Stephen P. Laitinen and Hilary J. Loynes

Taxation Inequality and Undocumented Immigrants, Luis Larrea

The 1975 Amendments to the Minnesota Rules of Discovery, William B. Danforth

The 1979 Minnesota Tax-Increment Financing Act

The Abortion Decision for Minnesota Minors: Who Decides?

The Anatomy of Products Liability in Minnesota: Principles of Loss Allocation, Michael K. Steenson

The Anatomy of Products Liability in Minnesota: The Theories of Recovery, Michael K. Steenson

The Antitrust Treble Damages Remedy

The AT&T Divestiture: For Whom Will the Bell Toll?, Kenneth A. Nickolai

The Case for the Use of an Appropriate Capital Structure in Utility Ratemaking: The General Rule Versus Minnesota, Bruce M. Louiselle and Jean E. Heilman

The Changing Legal Status of Minnesota Farm Employees, Donald B. Pedersen

The Constitutionality of Bankruptcy Courts Under the Bankruptcy Reform Act Of 1978 [Northern Pipeline Construction Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982)]

The Court of Appeals and Judicial Review of Agency Action, Samuel L. Hanson

The Craft of the Criminal Appeal, Jack S. Nordby

The Effects of Exposure on the Ecology of the Magic Industry: Preserving Magic in the Absence of Law, Jared R. Sherlock

The Emperor’s New Digital Clothes: The Illusion of Copyright Rights in Social Media, Mihajlo Babovic

The Genetically Defective Offender, David Skeen

The Guilty But Mentally Ill Alternative

The Law, Courts and Lawyers in the Frontier Days of Minnesota: An Informal Legal History of the Years 1835 to 1865, Robert J. Sheran and Timothy J. Baland

The Life of a Commissioner, Juanita R. Satterlee

The Minnesota Crime Victims Reparations Act: A Preliminary Analysis

The Minnesota Fiscal Disparities Act: A Model for Growth-sharing in the 1980s

The Minnesota Open Meeting Law After Twenty Years—A Second Look

The Minnesota Recreational Use Statute: A Preliminary Analysis

The Minnesota Tax Title: An Argument for Its Marketability—The 1874 Forfeiture System From a 1974 Perspective

The Minnesota Uniform Condominium Act: The View of Developers' Counsel, N. Walter Graff

The Minnesota Workers' Compensation Study Commission: Its Impact upon the 1979 Amendments

The Nature of the Judicial Process and Judicial Discretion, Russell F. Pannier

The Necessity of an "Opt-In" Approach to Class Arbitration, Kirk D. Knutson

The New Jim Crow by Michelle Alexander: A Book Review, Gigi Penn

The No-buy Pledge: A Potential Tool for Tenants in a Condominium Conversion , Patrick J. Rohan and Daniel A. Furlong

The Opinions of Justice Mitchell

The "Poor Man's Will" Gains Respectability: Using the Minnesota Multi-Party Accounts Act

The Prehearing Conference—Perhaps Your Only Opportunity to Present Oral Argument to the Minnesota Supreme Court, George M. Scott and David J. Moskal

The Problems of Caseload and Delay in the Minnesota Supreme Court—An introduction to a Symposium, Geoffrey W. Peters

The Promise of the Minnesota Human Rights Act Denied: Krueger v. Zeman Construction Company, Leslie Lienemann and Justin Cummins

The Retroactivity of Minnesota Supreme Court Personal Injury Decisions

The Scope of Bargaining in Minnesota's Public Sector Labor Relations: A Proposal for Change, Deborah A. Schmedemann

The Scope of Comparative Fault in Minnesota

The Tenant's Right of Redemption—Proposals for Modernizing the Relationship Between Landlord and Tenant [University Community Properties v. New Riverside Café, 268 N.W.2d 573 (Minn. 1978)]

The Theory and Application of Equal Protection: Developments in the Right to Counsel, Eric Wolf

The Third Party's Dilemma: The Exclusive Liability Doctrine, Comparative Negligence, and the Minnesota Workmen's Compensation Act

The Use and Interpretation of Article I, Section Eight of the Minnesota Constitution 1861-1984, Ruth A. Mickelsen

The Use of the Term "Result-oriented" to Characterize Appellate Decisions, John E. Simonett

The USPTO Patent Pro Bono Program, Jennifer M. McDowell and Saurabh Vishnubhakat

The Wage-Loss Principle in Workers' Compensation, Arthur Larson

The Wild Rice Mystique: Resource Management And American Indians' Rights As A Problem Of Law And Culture, Charlene L. Smith and Howard J. Vogel

Timesharing and Consumer Protection: A Precis for Attorneys, Patrick J. Rohan and Daniel A. Furlong

TODDs: A Transfer on Death Dilemma? A Comprehensive Analysis of Minnesota’s Transfer on Death Deed Statute—MINN. STAT. § 507.071, Keriann L. Riehle

Tortious Invasion of Privacy: Minnesota as a Model

Torts—Abrogation of Parental Immunity—Anderson v. Stream, 295 N.W.2d 595 (Minn. 1980)

Torts: Contribution and Indemnity in Cases of Absolute Statutory Liability—In Search of the Minnesota Rule [Zerby v. Warren, ___ Minn. ___, 210 N.W. 2d 58 (1973)]

Torts Law: Blurred Elements: The New Nebulous Nature of Foreseeability, the Confounding Quality of Misfeasance, and the Minnesota Supreme Court's Decision—Doe 169 v. Brandon, Cara McDonald

Torts—Minnesota's "New Tort": Intentional Infliction of Emotional Distress—Hubbard v. United Press International, Inc., 330 N.W.2d 428 (Minn. 1983)

Torts—Municipal Tort Liability—Kossak v. Stalling, 277 N.W.2d 30 (Minn. 1979)

Torts—Parental Immunity for Negligent Instruction Denied—Romanik v. Toro Co., 277 N.W.2d 515 (Minn. 1979)

Torts—Recognition of Negligent Hiring Expands Employer Liability—Ponticas v. K.M.S. Investments, 331 N.W.2d 907 (Minn. 1983)

Torts—Strict Liability for Abnormally Dangerous Activities—Ferguson v. Northern States Power Co., ___ Minn. ___, 239 N.W.2d 190 (1976)

Trademark Extortion Revisited: A Response to Vogel and Schachter, Kenneth L. Port

Trusts—Admissibility of Extrinsic Evidence, the Effect of Possible Illegality on a Reversionary Interest, and the Duties of a Fiduciary to Successive Beneficiaries—In re Trust Known as Great Northern Iron Ore Properties, 263 N.W.2d 610 (Minn.), cert. denied, 439 U.S. 835 (1978)

Uniform Commercial Code Recent Developments, Douglas R. Heidenreich

Union Support by Nonunion Bargaining Unit Members in Minnesota Public Employment

We Hear You Knocking: An Essay on Welcoming "Trans" Lawyers, Ellen Ellie Krug

What Qualifies as a Public Charity? Minnesota Enters the National Debate, Lucinda E. Jesson and Myron L. Frans

When Is Workers' Compensation Payable for Subsequent Nonemployment Injuries?—In Search of the Minnesota Rule, David J. Moskal

Where Have all the Patent Lawyers Gone? Long Time Passing..., Kenneth L. Port, Molly R. Littman, and Lucas Hjelle

Whistleblower Protections of the Federal Rail Safety Act: An Overview, Christopher W. Bowman

White Privilege and the Case-Dialogue Method, Rob Trousdale

Women's Rights in Islam Regarding Marriage and Divorce, Imani Jaafar-Mohammad and Charlie Lehmann

Workers' Compensation Amendments of the 1979 Minnesota Legislature, Jay Y. Benavav

Workers' Compensation—Calculation of Earnings Capacity—Mathison v. Thermal Co., ___ Minn. ___, 243 N.W.2d 110 (1976)

Workers' Compensation—Employee Reimbursement to Employer and Employer Contribution to Third Parties—Kordosky v. Conway Fire & Safety, Inc., 304 N.W.2d 616 (Minn. 1981)

Workers' Compensation—Intervenors' Right to Reimbursement—Brooks v. A.M.F., Inc., 278 N.W.2d 310 (Minn. 1979)

Workers' Compensation: The Dual-Capacity Doctrine

Wrongful Conception [Sherlock v. Stillwater Clinic, 261 N.W.2d 69 (Minn. 1977)]

Zoning and the Law of Eminent Domain: Minnesota Adopts the Enterprise-Arbitration Test [McShane v. City of Faribault, 292 N.W.2d 253 (Minn. 1980)]