Submissions from 2017

Delineating the Implied Covenant and Providing for “Good Faith”, Daniel S. Kleinberger
(Business Law Today (May 30, 2017))

Don’t Dabble in Delaware, Daniel S. Kleinberger
(Business Law Today (July 20, 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))

Series of Unincorporated Business Entities: the Mobius Strip and Klein Bottle of Business Entity Law, Daniel S. Kleinberger
(Business Law Today (February 17, 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))

The Internationalization of Agency Actions, Jason Marisam
(83 Fordham Law Review 1909 (2015))

Prepared for Practice? Developing a Comprehensive Assessment Plan for a Law School Professional Skills Program, Anthony Niedwiecki
(50 University of San Francisco Law Review 245 (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))

Revisiting Park ‘N Fly: In Pursuit of Constraints on Trademark Bullies, Kenneth L. Port
(16 Wake Forest Journal of Business and Intellectual Property Law 134 (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))

Balancing Between Two Worlds: A Dakota Woman’s Reflections on Being a Law Professor, Angelique EagleWoman
(29 Berkeley Journal of Gender, Law and Justice 250 (2014))

Moving toward Human Rights Principles for Intercountry Adoption, Marie Failinger
(39 The North Carolina Journal of International & Commercial Regulation 523 (2014))

Parallel Justice: Creating Causes of Action for Mandatory Mediation, Marie Failinger
(47 University of Michigan Journal of Law Reform 359 (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.)

On the Uneasy Relationship Between Medicaid and Charity Care, Laura D. Hermer and Merle Lenihan
(28 Notre Dame Journal of Law, Ethics & Public Policy 165 (2014))

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))

Constitutional Self-Interpretation, Jason Marisam
(75 Ohio State Law Journal 293 (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))

Wintertime for the Sisseton-Wahpeton Oyate: Over One Hundred Fifty Years of Human Rights Violations by the United States and the Need for a Reconciliation Involving International Indigenous Human Rights Norms, Angelique EagleWoman
(39 William Mitchell Law Review 486 (2013))

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

Beyond Skills Training, Revisited: The Clinical Education Spiral, Carolyn Grose
(19 Clinical Law Review 489 (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))

Notice and an Opportunity to be Heard Before the President Kills You, Richard Murphy and Afsheen John Radsan
(48 Wake Forest Law Review 829 (2013))

Save Our Children: Overcoming the Narrative that Gays and Lesbians are Harmful to Children, Anthony Niedwiecki
(21 Duke Journal of Gender Law & Policy 125 (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))

Professional Learning Communities and Collaborative Teams: Tools to Jump-Start the Learning Outcomes Assessment Process, Sharon Sandeen
(6 Northeastern University Law Journal 189 (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.)

Bringing Balance to Mid-North America: Restructuring the Sovereign Relationships between Tribal Nations and the United States, Angelique EagleWoman
(41 University of Baltimore Law Review 671 (2012))

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))

Finding a Voice of Challenge: The State Responds to Religious Women and Their Communities, Marie Failinger
(21 Southern California Review of Law and Social Justice 137 (2012))

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

Lutheran and Yet Not Lutheran: A Church School Tests the Dilemma of Church and State, Marie Failinger
(LXXXV The Cresset 19 (Lent 2012))

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

Yick Wo at 125: Four Simple Lessons for the Contemporary Supreme Court, Marie Failinger
(17 Michigan Journal of Race & Law 217 (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))