Submissions from 2018

Beyond Strict Scrutiny: Forbidden Purpose and the "Civil Commitment" Power, Eric S. Janus
(21 New Criminal Law Review 345 (2018)
This article was originally published by the University of California Press in the journal, New Criminal Law Review.)

Fostering Client Altruism and the Common Good in the Practice of Law: Learning from Emerging Movements in Business and Economics, Ann Juergens and Diane Galatowitsch
(44 Mitchell Hamline Law Review 1 (2018))

Legal History of Medical Aid in Dying: Physician Assisted Death in U.S. Courts and Legislatures, Thaddeus Pope
(48 New Mexico Law Review 267 (2018))

Teaching the Art of Effective Advocacy in the 21st Century: A Paradigm Shift, John O. Sonsteng, Samuel Heacox, Hannah Holloran, and Cara Moulton
(44 Mitchell Hamline Law Review 163 (2018))

Duty, Foreseeability, and Montemayor v. Sebright Products, Inc., Michael Steenson
(39 Mitchell Hamline Law Journal of Public Policy and Practice 31 (2018))

Submissions from 2017

Introduction: Exploring the Lawyer as Business Leader, Louis Ainsworth and Joey Balthazor
(43 Mitchell Hamline Law Review 967 (2017))

Creating the Lawyer as Business Leader, Leanne Fuith
(43 Mitchell Hamline Law Review 1095 (2017))

Revising Racial Patents in an Era of Precision Medicine, Jonathan Kahn
(67 Case Western Reserve Law Review 1153 (2017))

Procedural Due Process and Intramural Hospital Dispute Resolution Mechanisms: The Texas Advance Directives Act, Thaddeus Pope
(10 Saint Louis University Journal of Health Law & Policy 93 (2017))

Unbefriended and Unrepresented: Better Medical Decision Making for Incapacitated Patients without Healthcare Surrogates, Thaddeus Pope
(33 Georgia State University Law Review 923 (2017))

The Myth of Uniformity in IP Laws, Sharon Sandeen
(24 Journal of Intellectual Property 277 (2017))

Debating Employee Non-Competes And Trade Secrets, Sharon Sandeen and Elizabeth A. Rowe
(33 Santa Clara High Tech 438 (2017)

Toward a Federal Jurisprudence of Trade Secret Law, Sharon Sandeen and Christopher B. Seaman
(32 Berkeley Technology Law Journal 829 (2017))

Submissions from 2016

Promise and Peril: Doctrinally Permissible Options for Calibrating Procedures Through Contract,, H. Allen Blair
(95 Nebraska Law Review 787 (2016)
Reprinted with permission from the Nebraska Law Review. This article was previously published in the Nebraska Law Review. See H. Allen Blair, Promise and Peril: Doctrinally Permissible Options for Calibrating Procedure Through Contract, 95 Neb. L. Rev. 787 (2016).)

Introduction: An Intentional Conversation About Public Engagement and Decision-Making: Moving from Dysfunction and Polarization to Dialogue and Understanding, Jessica DuBois and Sharon Press
(42 Mitchell Hamline Law Review 1439 (2016))

The New Minnesota LLC Act: Flexibility and Control for Minnesota Business Owners, Leanne Fuith
(9 Mitchell Hamline Journal of Law and Practice 2 (2016))

On the Expansion of “Health” and “Welfare” under Medicaid, Laura Hermer
(9 Saint Louis University Journal of Health Law & Policy 235 (2016).
Reprinted with permission of the Saint Louis University Journal of Health Law & Policy ©2016 St. Louis University School of Law, St. Louis, Missouri.)

A Call to Cultivate the Public Interest: Beyond Pro Bono, Ann Juergens and Diane Galatowitsch
(51 Washington University Journal of Law & Policy 95 (2016)
Originally published in the Washington University Journal of Law & Policy.)

Medical Malpractice Arbitration: Not Business as Usual, David Larson and David Dahl
(8 Yearbook on Arbitration and Mediation 69 (2016)
Copyright: Penn State Law eLibrary © 2016)

Ally-ship and Dispute Resolution Practitioners: A Continuum, Benjamin Lowndes and Sharon Press
(42 Mitchell Hamline Law Review 1572 (2016))

Texas Advance Directives Act: Nearly a Model Dispute Resolution Mechanism for Intractable Medical Futility Conflicts, Thaddeus Pope
(16 QUT Law Review 22 (2016))

Variations on a Theme by Sander: Does a Mediator Have a Philosophical Map?, Sharon Press and Joseph B. Stulberg
(31 Ohio State Journal on Dispute Resolution (2016))

Minnesota Comparative Fault—Statutory Reform, Michael Steenson
(9 Mitchell Hamline Journal of Law and Practice 4 (2016))

The Staab Saga: The Nonparty, Joint and Several Liability, and Loss Reallocation in the Minnesota Comparative Fault Act, Michael Steenson
(42 Mitchell Hamline Law Review 1156 (2016))

Going Against the Grain of the Status Quo: Hopeful Reformations to Sex Offender Civil Commitment in Minnesota--Karsjens v. Jesson, Joanna Woolman and Jennifer K. Anderson
(42 Mitchell Hamline Law Review 1363 (2016))

Submissions from 2015

The Alignment of Law and Norms: Of Mirrors, Bulwarks, and Pressure Valves, Mark A. Edwards
(10 FIU Law Review 19 (2015))

Pilgrim Finally at Rest: The Journey of Robert E. Rodes, Jr., Marie Failinger
(90 Notre Dame Law Review 1983 (2015))

The Lutheran Lawyer: Some Reflections on the Ethics Contributions of Susan Martyn, Marie Failinger
(47 University of Toledo Law Review 63 (2015))

Women and the Free Exercise Clause: Some Thoughts about a (Religious) Feminist Reading, Marie Failinger
(11 FIU Law Review 47 (2015))

What to Expect at the Intersection of Law and Social Work, Jada Fehn
(18 Hearsay (2015))

Wrongful Convictions and Upstream Reform in the Criminal Justice System, Kate Kruse
(3 Texas A&M Law Review 367 (2015))

Client Problem-Solving: Where ADR and Lawyering Skills Meet, Katherine R. Kruse, Bobbi McAdoo, and Sharon Press
(7 Elon Law Review 225 (2015))

Here Come the Trade Secret Trolls, David S. Levine and Sharon Sandeen
(71 Washington and Lee Law Review Online 230 (2015))

Health Care Reform Implementation in Minnesota: Mission Advanced but Not Accomplished, Thaddeus Mason Pope
(38 Hamline Law Review 161 (2015))

Regionally Based Collective Trademark System in Japan: Geographical Indicators by a Different Name or a Political Misdirection?, Kenneth L. Port
(6 Cybaris, issue 2, 2 (2015))

Trademark Extortion Revisited: A Response to Vogel and Schachter, Kenneth L. Port
(14 Chicago Kent Journal of Intellectual Property 217 (2015))

Where Have all the Patent Lawyers Gone? Long Time Passing..., Kenneth L. Port, Molly R. Littman, and Lucas Hjelle
(97 Journal of the Patent and Trademark Office Society 193 (2015))

The DTSA: The Litigator’s Full-Employments Act, Sharon Sandeen
(72 Washington and Lee Law Review Online 308 (2015))

Levels of Generality and the Protection of LBGT Rights Before the United Nations General Assembly, Anthony S. Winer
(41 William Mitchell Law Review 80 (2015))

Submissions from 2014

Library Services for the Self-Interested Law School: Enhancing the Visibility of Faculty Scholarship-Webinar, Simon Canick

Barnacles, Aristocracy and Truth Denial: Three Not So Beautiful Aspects of Contemporary Mediation, James Coben
(16 Cardozo Journal of Conflict Resolution 779 (2014))

Twenty-five Years of Law and Religion Scholarship: Some Reflections, Marie Failinger
(30 Touro Law Review 9 (2014))

Aligning Incentives in Accountable Care Organizations: The Role of Medical Malpractice Reform, Laura Hermer
(17 Journal of Health Care Law & Policy 271 (2014))

Rationalizing Home and Community-Based Services Under Medicaid, Laura Hermer
(8 St. Louis University Journal of Health Law & Policy 61 (2014)
Reprinted with permission of the Saint Louis University Journal of Health Law & Policy ©2014 St. Louis University School of Law, St. Louis, Missouri.)

The Future of Medicaid Supplemental Payments: Can They Promote Patient-Centered Care?, Laura Hermer and Merle Lenihan
(102 Kentucky Law Journal 287 (2013-2014))

William Mitchell College of Law's Hybrid Program for J.D. Study: Answering the Call for Innovation, Eric S. Janus, Gregory M. Duhl, and Simon Canick
(Eric S. Janus, Gregory M. Duhl, Simon Canick, William Mitchell College of Law's Hybrid Program for J.D. Study: Answering the Call for Innovation, The Bar Examiner, Sept. 2014, at 28.)

The Digital Death Conundrum: How Federal and State Laws Prevent Fiduciaries from Managing Digital Property, Christina L. Kunz, Damien A. Riehl, James D. Lamm, and Peter J. Rademacher
(68 University of Miami Law Review 385 (2014))

Limiting Liberty to Prevent Obesity: Justifiability of Strong Hard Paternalism in Public Health Regulation, Thaddeus Mason Pope
(46 Connecticut Law Review 1859 (2014))

The Growing Power of Healthcare Ethics Committees Heightens Due Process Concerns, Thaddeus Mason Pope
(15 Cardozo Journal of Conflict Resolution 425 (2014))

Mediator Ethical Breaches: Implications for Public Policy, Sharon Press
(6 Yearbook on Arbitration and Mediation 107 (2014)
Copyright: Penn State Law eLibrary © 2014))

Lost in the Cloud: Information Flows and the Implications of Cloud Computing for Trade Secret Protection, Sharon Sandeen
(19 Virginia Journal of Law and Technology 1 (2014)
This article orginally appeared on the Virginia Journal of Law and Technology (VJOLT) website: www.vjolt.net)

Meatspace, the Internet, and the Cloud: How Changes in Document Storage and Transfer Can Affect IP Rights, Sharon Sandeen
(12 DePaul Business & Commercial Law Journal 437 (2014))

Submissions from 2013

An Empirical Analysis of the Use of the Intent Test to Determine Parentage in Assisted Reproductive Technology Cases, Mary P. Byrn and Lisa Giddings
(50 Houston Law Review 1285 (2013))

Library Services for the Self-Interested Law School: Enhancing the Visibility of Faculty Scholarship, Simon Canick
(105 Law Library Journal 175 (2013))

Criminal Justice in Indian Country, Sarah Deer
(Sarah Deer, Criminal Justice in Indian Country at the Berkeley Law Thelton E. Henderson Center for Social Justice Symposium, Heeding Frickey’s Call: Doing Justice in Indian Country (Berkeley, CA. Sept. 27-28, 2012) Conference Transcript, 37 Am. Indian L. Rev. 347, 374 (2013))

Dakota Tribal Courts in Minnesota: Benchmarks of Self-Determination, Sarah Deer and John E. Jacobson
(39 William Mitchell Law Review 611 (2013))

Muscogee Constitutional Jurisprudence: Vhakv Em Pvtakv (The Carpet Under The Law), Sarah Deer and Cecilia Knapp
(49 Tulsa Law Review 123 (2013))

Over the Borderline-A Review of Margaret Price's Mad at School: Rhetorics of Mental Disability and Academic Life, Gregory M. Duhl
(44 Loyola Chicago Law Review 771 (2013))

The Paradoxes of Restitution, Mark A. Edwards
(116 West Virginia Law Review 619 (2013))

Taxing Anxiety, Morgan Holcomb
(14 Florida Tax Review 77 (2013))

Legal Education and Professional Skills: Myths and Misconceptions About Theory and Practice, Kate Kruse
(45 McGeorge Law Review 7 (2013))

Clinicians May Not Administer Life-Sustaining Treatment Without Consent: Civil, Criminal, and Disciplinary Sanctions, Thaddeus Mason Pope
(9 Journal of Health & Biomedical Law 213 (2013))

Dispute Resolution Mechanisms for Intractable Medical Futility Disputes, Thaddeus Mason Pope
(58 New York Law School Law Review 347 (2013-2014))

Legal, Medical, and Ethical Issues in Minnesota End-of-Life Care: An Introduction to the Symposium, Thaddeus Mason Pope
(36 Hamline Law Review 139 (2013))

Lawyers and Mediation: Lessons from Mediator Stories, Sharon Press
(34 Cardozo Law Review 2433 (2013))

Minnesota Bounties On Dakota Men During The U.S.-Dakota War, Colette Routel
(40 William Mitchell Law Review 1 (2013))

Toward Genuine Tribal Consultation in the 21st Century, Colette Routel and Jeffrey K. Holth
(46 University of Michigan Journal of Law Reform 417 (2013))

The Domagala Dilemma-Domagala v. Rolland, Michael K. Steenson
(39 William Mitchell Law Review 633 (2013))

Submissions from 2012

Wedlocked, Mary P. Byrn and Morgan L. Holcomb
(67 University of Miami Law Review 1 (2012))

Anonymously Provided Sperm and the Constitution, Mary P. Byrn and Rebecca Ireland
(23 Columbia Journal of Gender and Law 1 (2012))

Standards for Health Care Decision-Making: Legal and Practical Considerations, A. Kimberley Dayton
(2012 Utah Law Review 1329 (2012))

Municipal Elder Law: A Minnesota Perspective, A. Kimberley Dayton and Israel (Issi) Doron
(20 Elder Law Journal 33 (2012))

Thinking Locally: Law, Aging and Municipal Government: Findings from a National Survey, A. Kimberley Dayton and Israel (Issi) Doron
(21 Temple Political & Civil Rights Law Review 365 (2012))

Garden of Truth, Sarah Deer
(60 Federal Lawyer 44 (April 2012))

Equipping Our Lawyers: Mitchell's Outcomes-Based Approach to Legal Education, Gregory M. Duhl
(38 William Mitchell Law Review 906 (2012))

International Sale of Goods 2011, Gregory M. Duhl
(67 Business Lawyer 1337 (2012) This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.)

Usefulness Varies by Country: The Utility Requirement of Patent Law in the United States, Europe and Canada, Jay Erstling, Amy M. Salmela, and Justin N. Woo
(3 Cybaris 1 (2012))

Islam in the Mind of American Courts, Marie Failinger
(32 Boston College Journal of Law & Social Justice 1 (2012))

Talking Chalk: Defacing the First Amendment in the Public Forum, Marie Failinger
(115 West Virginia Law Review 755 (2012))

The Assault on Bad Food: Tobacco-Style Litigation as an Element of the Comprehensive Scheme to Fight Obesity, Jada Fehn
(67 Food & Drug Law Journal 65 (2012))

Federal/State Tensions in Fulfilling Medicaid’s Purpose, Laura Hermer
(21 Annals of Health Law 615 (2012))

Valuing Small Firm and Solo Law Practice: Models for Expanding Service to Middle-Income Clients, Ann Juergens
(39 William Mitchell Law Review 80 (2012))

ABA Business Law Section, on behalf of its committees on LLCs and Nonprofit Organizations, opposes legislation for low profit limited liability companies (L3Cs), Daniel S. Kleinberger
(Professor Kleinberger posts this document as the chair of the L3C Review Subcommittee of the Committee on Limited Liability Companies, Partnerships and Unincorporated Entities. The letter and attachment were principally drafted by that Subcommittee and sent to Minnesota Representative Steve Simon on April 19, 2012.)

Delaware Dissolves the Glue of Capitalism: Exonerating from Claims of Incompetence Those Who Manage Other People's Money, Daniel S. Kleinberger
(38 William Mitchell Law Review 737 (2012))

Foreword: Shape Shifting in the Law, Daniel S. Kleinberger
(38 William Mitchell Law Review 586 (2012))

The Promise of Client-Centered Professional Norms, Kate Kruse
(12 Nevada Law Journal 341 (2012))

The Status of Clinical Faculty in the Legal Academy: Report of the Task Force on the Status of Clinicians and the Legal Academy, Kate Kruse, Bryan L. Adamson, Brad Colbert, and Kathy Hessler
(36 Journal of the Legal Profession 353 (2012))

Physicians and Safe Harbor Legal Immunity, Thaddeus Pope
(21 Annals of Health Law 121 (2012))

A Case Against ACTA, Kenneth L. Port
(33 Cardozo Law Review 1131 (2012))

The Evolution of Law and Policy for CIA Targeted Killing, Afsheen John Radsan
(5 Journal of National Security Law and Policy 339 (2012))

Look Before You Leap: Court System Triage of Family Law Cases Involving Intimate Partner Violence, Nancy Ver Steegh
(95 Marquette Law Review 955 (2012))

Deals and Dispute Resolution: Teaching Research Skills in a Short-Term Simulation Class, Karen Westwood
(AALL Spectrum, July 2012, at 12)

Submissions from 2011

Law in the Time of Cholera: Teaching Disaster Law as a Research Course, Neal R. Axton
(Spectrum, May 2011, at 27)

Governance in the Public Corporation of the Future: The Battle for Control of Corporate Governance, Z. Jill Barclift
(15 Chapman Law Review 1 (2011)
Please cite the article as published in the Chapman Law Review)

Hard Cases Under the Convention on the International Sale of Goods: A Proposed Taxonomy of Interpretive Challenges, Allen Blair
(21 Duke Journal of Comparative & International Law 269 (2011))

School Children and Parolees: Not So Special Anymore, Edwin Butterfoss
(80 Mississippi Law Journal 805 (2011))

Social Networking and Workers’ Compensation Law at the Crossroads, Gregory M. Duhl
(31 Pace Law Review 1 (2011))

Patent Law and the Duty of Candor: Rethinking the Limits of Disclosure, Jay Erstling
(44 Creighton Law Review 329 (2011))

Plausible Answers and Affirmative Defenses, Eric S. Janus and Thomas Tinkham
(79 U.S.L.W. 2271 (2011))

Synthetic Hype: A Skeptical View of the Promise of Synthetic Biology, Jonathan Kahn
(45 Valparaiso University Law Review 1343 (2011))