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Mitchell Hamline Open Access

Mitchell Hamline Open Access

    Content Posted in 2022

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    20 Years of Trade Secrets Scholarship (2002-2022), Sharon Sandeen

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    Agents of the Good, Servants of Evil: Harry Potter and the Law of Agency, Daniel S. Kleinberger

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    Allstate Prop. & Cas. Ins. Co. v. Harbin, 333 So.3d 655 (Ala. 2021), James Coben

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    American Motherhood - A Taking, Nicole Knight

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    Anatomical Diagrams and Dolls: Guidelines for Their Usage in Forensic Interviews and Courts of Law, Victor Vieth

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    And What of the “Black” in Black Letter Law?: A BlaQueer Reflection, T. Anansi Wilson

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    A New Reality: Deepfake Technology and the World Around Us, Molly Mullen

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    An Intentional Conversation About Conflict Resolution in Health Care, James Coben

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    An Unexpected Result of Gender Equality Initiatives in Sports - The Sexualization of Female Athletes, Renalia DuBose

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    Apparent Authority: Minnesota Finally Rejects Categorical Exemption for Independent Contractors in Hospital Emergency Rooms and Signifies Potential for Nondelegable Duty Doctrine—Popovich v. Allina Health Sys., 946 N.W.2D 885 (MINN. 2020)., Dana Ohman

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    A Prescription for Crisis: Opioids, Patients, and the Controlled Substances Act, Dennis Davis

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    A Reverent Homage to David Fulton Herr, Roger Haydock

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    A Timeshare By Any Other Name: Fractional Homeownership and the Challenges and Effects of Commodified Single-Family Homes, Christopher Markuson

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    A User's Guide to the New Uniform Limited Partnership Act, Daniel S. Kleinberger

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    Barring Methadone Behind Bars: How Prisons Err When Denying Methadone Treatment to Inmates with Opioid Use Disorder, Julia Durst

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    Benavidez v. Andrus-Maxwell, No. CV 21-320 JHR/SCY, 2021 WL 4820643 (D.N.M. Oct. 15, 2021), James Coben

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    Boarding Mental Health Patients in Minnesota Emergency Departments--The Unintended Consequence of an Inadequate Mental Health System, Jordan Engler

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    Breslin v. Breslin, 62 Cal. App. 5th 801, 276 Cal. Rptr. 3d 913 (2021), reh’g denied (April 20, 2021), review denied (July 14, 2021), James Coben

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    Bringing Balance to Mid-North America: Restructuring the Sovereign Relationships between Tribal Nations and the United States, Angelique EagleWoman

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    Constitutional Self-Interpretation, Jason Marisam

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    CSEC Treatment Courts: An Opportunity for Positive, Trauma-Informed, and Therapeutic Systems Responses in Family and Juvenile Courts, Emma Hetherington, Allison Dunnigan, and Hannah Elias Sbaity

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    Cyborgs and The Americans With Disabilities Act, Lou Colasanti

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    Donahue's Fils Aîné: Reflections on Wilkes and the Legitimate Rights of Selfish Ownership, Daniel S. Kleinberger

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    Donna S. v. Travis S., 246 W.Va. 634, 874 S.E.2d 746 (2022), James Coben

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    Energy Grid Decarbonization: A Tale of Resistance and Compliance in Florida, Rachel Tennant

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    Ethos and Conscience—A Rejoinder, Daniel S. Kleinberger

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    Expression of LGBTQ Student Sexual Orientation and Gender Identity in the K-12 Educational System, Brian Boggs

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    Free Speech, Social Media, and Public Universities: How the First Amendment Limits University Sanctions for Online Expression and Empowers Students, Staff, and Faculty, Eric T. Kasper

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    From Healthcare to Hiring: Impacts of Social and Public Policy on Disabled Veterans in the United States, Benjamin Michael Stoflet

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    From Langdell to Lab: The Opportunities and Challenges of Experiential Learning in the First Semester, Steven K. Homer

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    How #FreeBritney Exposes the Need to Disable the Model Rules of Professional Conduct, Heather Swadley

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    How The Americans with Disabilities Act of 1990 Continues to Fail the Deaf and Hard Of Hearing, Maria Nowak

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    How To Be Biased in the Classroom: Kwayeskastasowin - Setting Things Right?, Jaime M.N. Lavallee

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    Hyperpartisanship, Impeachment, and the Unchecked Executive Branch, Lindsay Dreyer

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    Implicit Stereotyping as Unfair Prejudice in Evidence Law, Ted Sampsell-Jones

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    Inefficient Mercy: The Procedural, Constitutional, and Prudential Issues that Plague Minnesota's Pardoning Process, Maddie Post

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    Is the Delaware Court of Chancery Going “Objective” on Us? Or Policemen’s Annuity and Benefit Fund of Chicago v. DV Realty Advisors LLC: More Delaware Permutations on Good Faith, Daniel S. Kleinberger

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    It’s in the “Telling” (by Asking): A Passover Analogy to Explain the Enduring Foundational Nature of Carrie Menkel-Meadow’s Dispute Resolution Scholarship, James Coben

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    Judical Line-Drawing and the Court's Failure to Protect Immigrants, Zoe Graham

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    Law Schools and Learning Outcomes: Developing a Coherent, Cohesive, and Comprehensive Law School Curriculum, Anthony Niedwiecki

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    Legacies of a Pandemic: Remote Attestation and Electronic Wills, Richard F. Storrow

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    Litigation About Mediation: A Case Study in Institutionalization, James Coben

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    M. A. B. v. Buell, 366 Or. 553, 466 P.3d 949 (2020), James Coben

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    "Magnificent Circularity" and the Churkendoose: LLC Members and Federal Employment Law, Daniel S. Kleinberger

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    Measuring Pearson in the Circuits, Ted Sampsell-Jones and Jenna Yauch

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    Minnesota's Children: The True Cost of Minnesota's Lead Problem, Kaitlin Yira

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    Mitchell Hamline School of Law Summer 2020 Covid-19 Legal Response Clinic, Natalie Netzel, Ana Pottratz Acosta, Joanna Woolman, Kate Kruse, and Jon Geffen

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    Moving toward Human Rights Principles for Intercountry Adoption, Marie Failinger

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    No Good Deed Goes Unpunished: Practical Solutions for Police Executives to Reduce the Likelihood of Disciplinary Action Being Overturned Through Arbitration, Spring Sendele

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    One of the Greatest Human Tragedies of Our Time: The U.N., Biden, and a Missed Opportunity to Abolish Immigration Prisons, Lauren E. Bartlett

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    Parallel Justice: Creating Causes of Action for Mandatory Mediation, Marie Failinger

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    Patient Decision Aids Improve Patient Safety and Reduce Medical Liability Risk, Thaddeus Pope

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    Police Accountability: How Narrowing the Scope of Arbitration and Limiting Procedural Protections Can Promote Social Trust and Justice, Adrienne Baker

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    Problematic Private Immigration Detention Centers and the Lack of ICE Oversight, Khou Yang

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    Professional Role and Professional Judgment: Theory and Practice in Legal Ethics, Kate Kruse

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    Race-Based Hostile Work Environment Claims in Federal and Minnesota Courts: A Historical Perspective on the Development of the "Severe or Pervasive" Standard, Frances Baillon and Michelle Gibbons

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    Radical Imagination: Fostering Community in Legal Education, Adrienne Baker

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    Reflections on Nomos: Paideic Communities and Same Sex Weddings, Marie Failinger

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    Reid v. Kroll, No. 2181CV00769, 2021 WL 5711257 (Mass. Super. 2021), James Coben

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    Save Our Children: Overcoming the Narrative that Gays and Lesbians are Harmful to Children, Anthony Niedwiecki

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    Saving the Insanity Defense: Insight into Personality Disorders and the Necessary Elements of the Test, Rachel Tollefsrud

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    Seven Points to Explain Why the Law Ought Not Allow the Elimination of Fiduciary Duty Within Closely Held Businesses: Cardozo Is Dead; We Have Killed Him., Daniel S. Kleinberger

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    Sexual Profiling & BlaQueer Furtivity: BlaQueers on the Run, T. Anansi Wilson

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    Should the Call for Systemic Change Start with Police Grievance Arbitration?, Kate Fredrickson

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    Some Reflections of a Métis Law Student and Assistant Professor on Indigenous Legal Education in Canada, Scott Franks

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    Square Pegs and Round Holes: Differentiated Instruction and the Law Classroom, Karen J. Sneddon

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    Stories Mediation Parties Tell, Part 1 (Compelling, but Nonetheless Enforceable), James Coben

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    Stories Mediation Parties Tell, Part 2 (A Winning Claim?), James Coben

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    Stories Mediation Parties Tell, Part 3 (“Mediation Rashomon”: What a Plaintiff Claims to Have Heard; What a Mediator Claims to Have Said), James Coben

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    Story Telling and Truth-Telling: Personal Reflections on the Native American Experience in Law Schools, Angelique EagleWoman, Dominic J. Terry, Lani Petrulo, Gavin Clarkson, Angela Levasseur, Leah R. Sixkiller, and Jack Rice

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    Storytelling and Truth-Telling: Personal Reflections on the Native American Experience in Law Schools, Angelique EagleWoman, Dominic J. Terry, Lani Petrulo, Dr. Gavin Clarkson, Angela Levasseur, Leah R. Sixkiller, and Jack Rice

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    The Closely Held Business Through the Entity-Aggregate Prism, Daniel S. Kleinberger

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    The Crimes of Digital Capitalism, Aitor Jiménez and J.C. Oleson

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    The Direct-Derivative Distinction, the Special Litigation Committee, and the Uniform Act: A Response to Professor Weidner, Daniel S. Kleinberger

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    The Enforceability of Step-Down Provisions in Automobile Insurance Policies, Constance A. Anastopoulo and Thomas P. Gressette Jr.

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    The Illusion of the Public Policy Exception: Arbitration, Law Enforcement Discipline, and the Need to Reform Minnesota's Approach to the Public Policy Exception, Ben Larson

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    The Internationalization of Agency Actions, Jason Marisam

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    The Lawyer's Role in Improving "Humane" Meat Labeling, Ryne P. Smith

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    The Myth of Ashby v. White, Ted Sampsell-Jones

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    The Ongoing Traumatic Experience of Genocide for American Indians and Alaska Natives in the United States: The Call to Recognize Full Human Rights as Set Forth in the United Nations Declaration on the Rights of Indigenous Peoples, Angelique EagleWoman

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    The Opinion – Volume 25, No. 6, April 1983, William Mitchell College of Law

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    The Opinion – Volume 26, No. 1, September 1983, William Mitchell College of Law

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    The Opinion – Volume 26, No. 2, November 1983, William Mitchell College of Law

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    The Opinion – Volume 26, No. 3, February 1984, William Mitchell College of Law

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    The Opinion – Volume 26, No. 4, April 1984, William Mitchell College of Law

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    The Opinion – Volume 27, No. 1, September 1984, William Mitchell College of Law

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    The Opinion – Volume 27, No. 2, November 1984, William Mitchell College of Law

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    The Opinion – Volume 27, No. 3, February 1985, William Mitchell College of Law

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    The Opinion – Volume 28, No. 1, February 1986, William Mitchell College of Law

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    The Opinion – Volume 28, No. 2, March 1986, William Mitchell College of Law

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    The Opinion – Volume 28, No. 3, April 1986, William Mitchell College of Law

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    The Opinion – Volume 29, No. 1, October 1986, William Mitchell College of Law

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    The Opinion – Volume 29, No. 2, November 1986, William Mitchell College of Law

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    The Opinion – Volume 29, No. 3, January 1987, William Mitchell College of Law

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    The Opinion – Volume 29, No. 4, February 1987, William Mitchell College of Law

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    The Opinion – Volume 29, No. 5, March 1987, William Mitchell College of Law

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    The Opinion – Volume 30, No. 1, April 1988, William Mitchell College of Law

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    The Opinion – Volume 31, No. 1, October 1988, William Mitchell College of Law

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    The Opinion – Volume 31, No. 2, March 1989, William Mitchell College of Law

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    The Opinion – Volume 31, No. 2, March 1989, William Mitchell College of Law

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    The Opinion – Volume 32, No. 2, February 1990, William Mitchell College of Law

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    The Opinion – Volume 32, No. 3, April 1990, William Mitchell College of Law

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    The Opinion – Volume 32, No. 4, May 1990, William Mitchell College of Law

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    The Opinion – Volume 33, No. 1, August 1990, William Mitchell College of Law

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    The Opinion – Volume 33, No. 2, November 1990, William Mitchell College of Law

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    The Opinion – Volume 33, No. 3, November 1990, William Mitchell College of Law

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    The Opinion – Volume 34, No. 1, February 1991, William Mitchell College of Law

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    The Opinion – Volume 34, No. 2, April 1991, William Mitchell College of Law

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    The Opinion – Volume 35, No. 1, August 1991, William Mitchell College of Law

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    The Opinion – Volume 35, No. 2, September 1991, William Mitchell College of Law

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    The Opinion – Volume 35, No. 3, October 1991, William Mitchell College of Law

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    The Opinion – Volume 35, No. 4, November 1991, William Mitchell College of Law

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    The Opinion – Volume 35, No. 5, February 1992, William Mitchell College of Law

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    The Opinion – Volume 35, No. 6, March 1992, William Mitchell College of Law

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    The Opinion – Volume 35, No. 7, April 1992, William Mitchell College of Law

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    The Opinion – Volume 36, No. 1, September 1992, William Mitchell College of Law

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    The Other Bar Hurdle: An Examination of the Character and Fitness Requirement for Bar Admission, David L. Hudson Jr. and Andrea Gemignani

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    The Reporter's Rejoinder, Daniel S. Kleinberger

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    The Runaway Jury of Joaquín 'El Chapo' Guzmán; Or Dishonesty Only Our Justice System Could Ratify, Sean Roman Strockyj

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    Trailblazing and Living a Purposeful Life in the Law: A Dakota Woman's Reflections as a Law Professor, Angelique EagleWoman

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    Transforming Minnesota's Early Care and Education Infrastructure, Nicole Frethem

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    Tyler v. Findling, 508 Mich. 364, 972 N.W.2d 833 (2021), reh'g denied, 508 Mich. 940, 964 N.W.2d 41 (Mem)(Sept. 22, 2021), James Coben

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    Voting Rights for People with Diminished Mental Capacity, Courtney Schiffler

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    Wanted: An Ethos of Personal Responsibility—Why Codes of Ethics and Schools of Law Don't Make for Ethical Lawyers, Daniel S. Kleinberger

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    Was Justice Ginsburg Roe-Ght?: Reimagining U.S. Abortion Discourse in the Wake of Argentina's Marea Verde, Kim D. Ricardo

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    When Binding Doesn't Really Mean Binding: The Early Decision College Application, Jean Steadman

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    When the Law is Understood—L3C No, Daniel S. Kleinberger and J. William Callison

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    Where's the Beef? Meat Shortages, Farmer Needs, and Long-term Recovery Policies in a Pandemic Era, Kim Vu-Dinh

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    Who Owns Christmas Trees? The Disposition of Property Used by a Partnership, Daniel S. Kleinberger and Barbara A. Wrigley

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    Witnessed From the Justice Bus: Covid Drove Equal Justice Off the Road, But Technology Grabbed the Wheel and Is Steering Us Into the Future, Jude Schmit and Rachel Albertson

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    Women, Motherhood, and the Quest For Easier Entry Into Campaigns for Elected Office, Harold Melcher

 
 
 

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