Submissions from 2022

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
(10 Texas A&M Law Review (forthcoming 2022))

Litigation About Mediation: A Case Study in Institutionalization, James Coben
(28 Dispute Resolution Magazine 18 (January 2022))

Trailblazing and Living a Purposeful Life in the Law: A Dakota Woman's Reflections as a Law Professor, Angelique EagleWoman
(51 Southwestern Law Review 227 (2022))

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
(48 Mitchell Hamline Law Review 704 (2022))

Reflections on Nomos: Paideic Communities and Same Sex Weddings, Marie Failinger
(37 Touro Law Review 2253 (2022))

The Direct-Derivative Distinction, the Special Litigation Committee, and the Uniform Act: A Response to Professor Weidner, Daniel S. Kleinberger
(77 The Business Lawyer 433 (Spring 2022))

Patient Decision Aids Improve Patient Safety and Reduce Medical Liability Risk, Thaddeus Pope
(74 Maine Law Review 73 (2022))

20 Years of Trade Secrets Scholarship (2002-2022), Sharon Sandeen
(A working comprehensive bibliography of books, book chapters, and articles about trade secrets.)

Where's the Beef? Meat Shortages, Farmer Needs, and Long-term Recovery Policies in a Pandemic Era, Kim Vu-Dinh
(13 Journal of Animal and Environmental Law 65 (2022))

Sexual Profiling & BlaQueer Furtivity: BlaQueers on the Run, T. Anansi Wilson
(24 The Scholar: St. Mary’s Law Review on Race & Social Justice 179 (2022))

Submissions from 2021

Jurisprudence and Recommendations for Tribal Court Authority Due to Imposition of U.S. Limitations, Angelique EagleWoman
(47 Mitchell Hamline Law Review 342 (2021))

Permanent Homelands Through Treaties with the United States: Restoring Faith in the Tribal Nation-U.S. Relationship in Light of the McGirt Decision, Angelique EagleWoman
(47 Mitchell Hamline Law Review 640 (2021))

COVID-19 and the Caregiving Crisis: The Rights of our Nation's Social Safety Net and a Doorway to Reform, Leanne Fuith and Susan Trombley
(11 University of Miami Race & Social Justice Law Review 150 (2021))

Covid-19, Abortion, and Public Health in the Culture Wars, Laura D. Hermer
(47 Mitchell Hamline Law Review (2021))

Skirting the Law: Medicaid Block Grants and Per-Capita Caps in a Pandemic, Laura D. Hermer
(14 Saint Louis University Journal of Health Law & Policy 537 (2021))

The Means and Ends of Wellness Programs, Laura D. Hermer
(23 Journal of Health Care Law & Policy 227 (2021))

Improving Police Officer Accountability in Minnesota: Three Proposed Legislative Reforms, Jim Hilbert
(47 Mitchell Hamline Law Review 222 (2021))

Designing a State Court Small Claims ODR System: Hitting a Moving Target in New York During a Pandemic, David Allen Larson
(22 Cardozo Journal of Dispute Resolution 569 (2021))

Mitchell Hamline School of Law Summer 2020 Covid-19 Legal Response Clinic, Natalie Netzel, Ana Pottratz Acosta, Joanna Woolman, Kate Kruse, and Jon Geffen
(28 Clinical Law Review 301 (2021))

Mediation: Embedded Assumptions of Whiteness?, Sharon Press and Ellen E. Deason
(22 Cardozo Journal of Conflict Resolution 453 (2021))

The Trade Secrecy Standard for Patent Prior Art, Sharon Sandeen and Camilla A. Hrdy
(70 American University Law Review 1269 (2021))

Legal Representation for Children: A Matter of Fairness, Wendy Shea
(47 Mitchell Hamline Law Review 728 (2021))

Time to Mail it In? A Survey of 2020 Voting Rights Issues in Arkansas and Recommendations for More Inclusive Elections, Kim Vu-Dinh
(44 University of Arkansas Little Rock Law Review 213 (2021))

And What of the “Black” in Black Letter Law?: A BlaQueer Reflection, T. Anansi Wilson
(30 Tulane Journal of Law & Sexuality: A Review of Sexual Orientation and Gender Identity in the Law 147 (2021))

Submissions from 2020

Anticipating Procedural Innovation: How and When Parties Calibrate Procedure Through Contract, Henry Allen Blair
(72 Oklahoma Law Review 797 (2020))

Eviction Mediation: An Intentional Conversation Followed by Five More, Noam Ebner and Sharon Press
(41 Mitchell Hamline Law Journal of Public Policy and Practice Symp. 93 (2020))

Preventing Sexual Violence: Alternatives To Worrying About Recidivism, Eric S. Janus
(103 Marquette Law Review 819 (2020))

“The Worst Idea Ever”: Lessons from One Law School’s Embrace of Online Learning, Eric S. Janus
(70 Syracuse Law Review 13 (2020))

The Limited Effect of “Maximum Effect”, Daniel S. Kleinberger and Douglas K. Moll
(Business Law Today (August 13, 2020))

Video Advance Directives: Growth and Benefits of Audiovisual Recording, Thaddeus Pope
(73 SMU Law Review 161 (2020))

An Intentional Conversation about ADR Interventions: Eviction, Poverty and Other Collateral Consequences, Sharon Press
(41 Mitchell Hamline Law Journal of Public Policy and Practice Symp. 1 (2020))

Using Dispute Resolution Skills to Heal a Community, Sharon Press
(35 Ohio State Journal on Dispute Resolution 645 (2020))

Trade Secrets and the Right to Information: A Comparative Analysis of E.U. and U.S. Approaches to Freedom of Expression and Whistleblowing, Sharon Sandeen and Ulla-Maija Mylly
(21 North Carolina Journal of Law & Technology, issue 3, 1 (2020))

Teaching and Learning Law and Business: An Open Resource Tool, John O. Sonsteng, Willow Najjar Anderson, Michael Carlson, John Edell, Alexander Koch, Samuel McCollough, and Hannah Mohs
(Mitchell Hamline School of Law - Center for Law and Business)

Furtive Blackness: On Blackness and Being, T. Anansi Wilson
(48 Hastings Constitutional Law Quarterly 141 (2020))

The Strict Scrutiny of Black and BlaQueer Life, T. Anansi Wilson
(This article was originally published in: 48 Hastings Constitutional Law Quarterly 181 (2020))

Submissions from 2019

Evaluating the Singapore Convention Through a U.S.-Centric Litigation Lens: Lessons Learned from Nearly Two Decades of Mediation Disuputes in American Federal and State Courts, James Coben
(20 Cardozo Journal of Conflict Resolution 1063 (2019))

Convicting Juveniles to Life Without Parole, Brad Colbert and Alex Baker Kroeger
(45 Mitchell Hamline Law Review 1101 (2019))

Envisioning Indigenous Community Courts to Realize Justice in Canada for First Nations, Angelique EagleWoman
(56 Alberta Law Review 669 (2019))

Islam in the Mind of American State Courts: 1960 to 2001, Marie Failinger
(28 Southern California Review of Law and Social Justice 21 (2019))

Searching the Legacy of the Reformation for Lutheran Responses to Modern Family Law, Marie Failinger
(4 Concordia Law Review 147 (2019))

The Disappointing History of Science in the Courtroom: Frye, Daubert, and the Ongoing Crisis of “Junk Science” in Criminal Trials, Jim Hilbert
(71 Oklahoma Law Review 759 (2019))

What Is a Charging Order and Why Should a Business Lawyer Care?, Daniel S. Kleinberger
(Business Law Today (March 2019))

LLC and Partnership Transfer Restrictions Excluded From UCC Article 9 Overrides, Daniel S. Kleinberger, Carl S. Bjerre, Edwin E. Smith, and Steven O. Weise
(Business Law Today (February 2019))

Designing and Implementing a State Court ODR System: From Disappointment to Celebration, David Larson
(2019 Journal of Dispute Resolution 77 (2019))

Digital Accessibility and Disability Accommodations in Online Dispute Resolution: ODR for Everyone, David Larson
(34 Ohio State Journal on Dispute Resolution 431 (2019))

Fenrich v. The Blake School and Minnesota Tort Law: A Road Map Through Special Relationships, Misfeasance/Nonfeasance, and Duty, Michael K. Steenson
(45 Mitchell Hamline Law Review Sua Sponte 78 (2019))

Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, Michael K. Steenson
(45 Mitchell Hamline Law Review Sua Sponte 57 (2019))

Ventura v. Kyle and American Sniper; The Anatomy of a Public Figure’s Lawsuit, Michael K. Steenson
(22 University of Denver Sports & Entertainment Law Journal, 81 (2019))

Putting Family First: The Need for Reform in Minnesota's Foster Care Licensing Statutes and Processes to Support Relative Placement, Joanna Woolman and Elizabeth Slama
(45 Mitchell Hamline Law Review 1160 (2019))

Submissions from 2018

Independence is the New Health, Laura D. Hermer
(12 Saint Louis University Journal of Health Law & Policy 5 (2018)
Reprinted with permission of the Saint Louis University Journal of Health Law & Policy ©2018 St. Louis University School of Law, St. Louis, Missouri)

Medicaid: Welfare Program of Last Resort, or Safety Net?, Laura D. Hermer
(44 Mitchell Hamline Law Review 1203 (2018))

What to Expect When You’re Expecting…TANF-Style Medicaid Waivers, Laura D. Hermer
(27 Annals of Health Law 37 (2018))

School Desegregation 2.0: What is Required to Finally Integrate America's Public Schools, Jim Hilbert
(16 Northwestern Journal of Human Rights 92 (2018)
First published by Northwestern Journal of Human Rights, Volume 16, Issue 1)

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))

No Longer Peas in a Pod: More Implications of the Divorce of Minnesota Corporate and LLC Law, Daniel S. Kleinberger
(Bench & Bar Of Minnesota (February 2018))

Protecting the Sacred Writing: The Operating Agreement, Daniel S. Kleinberger
(Business Law Today (February 15, 2018))

We Interrupt This Talk of Transfer Restrictions, Daniel S. Kleinberger
(Business Law Today (September 2018))

Root and Branch: The Thirteenth Amendment and Environmental Justice, Mehmet K. Konar-Steenberg
(19 Nevada Law Journal 509 (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))

Sunlight is the Best Disinfectant: The Role of the Media in Shaping Immigration Policy, Ana Pottratz Acosta
(44 Mitchell Hamline Law Review 808 (2018))

Out of Thin Air: Trade Secrets, Cybersecurity, and the Wrongful Acquisition Tort, Sharon Sandeen
(19 Minnesota Journal of Law, Science & Technology 373 (2018))

The Erie/Sears/Compco Squeeze: Erie’s Effects on Unfair Competition and Trade Secret Law, Sharon Sandeen
(52 Akron Law Review 423 (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))

Justiciability of State Law School Segregation Claims, Will Stancil and Jim Hilbert
(44 Mitchell Hamline Law Review 399 (2018))

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

Action and Reaction: The Trump Executive Orders and Their Reception by the Federal Courts, Anthony S. Winer
(44 Mitchell Hamline Law Review 907 (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))

Like Great Britain, a Limited Liability Company May Have an Unwritten Constitution, Daniel S. Kleinberger
(Business Law Today (September 28, 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 Commodification of Trademarks: Some Final Thoughts on Trademark Dilution, Kenneth L. Port
(46 Hofstra Law Review 669 (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,, Henry 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))

Uncovering and Deconstructing the Binary: Teaching (and Learning) Critical Reflection in Clinic and Beyond, Carolyn Grose
(22 Clinical Law Review 301 (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))

Law Schools and Learning Outcomes: Developing a Coherent, Cohesive, and Comprehensive Law School Curriculum, Anthony Niedwiecki
(64 Cleveland State Law Review 661 (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))

Implicit Stereotyping as Unfair Prejudice in Evidence Law, Ted Sampsell-Jones
(83 University of Chicago Review Online 835 (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 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
(3 American Indian Law Journal 424 (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))

Delaware’s Implied Contractual Covenant of Good Faith and “Sibling Rivalry” Among Equity Holders, Daniel S. Kleinberger
(Proceedings of the 21st Century Commercial Law Forum: 15th International Symposium 2015 Tsinghua University School of Law, (Beijing, China))