Submissions from 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))

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))

Forum, Federalism, and Free Markets: An Empirical Study of Judicial Behavior Under the Dormant Commerce Clause Doctrine, Mehmet K. Konar-Steenberg and Anne F. Peterson
(80 UMKC Law Review 139)

Engaged Client-Centered Representation and the Moral Foundations of the Lawyer-Client Relationship, Kate Kruse
(39 Hofstra Law Review 577 (2011)
Reprinted with the permission of the Hofstra Law Review Association.)

Getting Real About Legal Realism, New Legal Realism and Clinical Legal Education, Kate Kruse
(56 New York Law School Law Review 659 (2011/12))

The Jurisprudential Turn in Legal Ethics, Kate Kruse
(53 Arizona Law Review 493 (2011)
Copyright 2011 by Arizona Board of Regents and Katherine R. Kruse. Reprinted with permission of the authors and publisher. This article originally appeared in Arizona Law Review, vol. 53, no. 2, p. 363-722.)

"Brother, Can You Spare a Dime?" Technology Can Reduce Dispute Resolution Costs When Times are Tough and Improve Outcomes, David Allen Larson
(11 Nevada Law Journal 523 (2011))

Voluntarily Stopping Eating and Drinking: A Legal Treatment Option at the End of Life, Thaddeus Mason Pope
(17 Widener Law Review 363 (2011))

On Nontraditional Trademarks, Kenneth L. Port
(38 Northern Kentucky Law Review 1 (2012))

Open Letter to Director David Kappos of the United States Patent and Trademark Office, Kenneth L. Port
(2 Cybaris 13 (2011))

Court-Connected Mediation and Minorities: A Report Card, Sharon Press
(39 Capital University Law Review 819 (2011))

Mortgage Foreclosure Mediation in Florida - Implementation Challenges for an Institutionalized Program,, Sharon Press
(11 Nevada Law Journal 306 (2011))

Measure Twice, Shoot Once: Higher Care for CIA-Targeted Killing, Afsheen John Radsan and Richard Murphy
(2011 University of Illinois Law Review 1201 (2011))

Minnesota Negligence Law and the Restatement (Third) of Torts: Liability for Physical and Emotional Harms, Michael K. Steenson
(37 William Mitchell Law Review 1055 (2011))

Annual Survey of Periodical Literature, Nancy Ver Steegh
(44 Family Law Quarterly 623 (2011) 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.)

Submissions from 2010

Where is Emily Litella When You Need Her?: The Unsuccessful Effort to Craft a General Theory of Obligation of Promise for Benefit Received, Edwin J. Butterfoss and Allen Blair
(28 Quinnipiac Law Review 385 (2010))

When Your Body is Your Business, Mary P. Byrn and Morgan L. Holcomb
(85 Washington Law Review 647 (2010))

Which Came First the Parent or the Child?, Mary P. Byrn and Jenni Vainik Ives
(62 Rutgers Law Review 305 (2010))

The Accidental Elder Law Professor, A. Kimberley Dayton
(40 Stetson Law Review 97 (2010))

Relocation Revisited: Sex Trafficking of Native Women in the United States, Sarah Deer
(36 William Mitchell Law Review 821 (2010))

International Sale of Goods 2009, Gregory M. Duhl
(65 Business Lawyer 1313 (2010) 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.)

Acceptable Deviance and Property Rights, Mark A. Edwards
(43 Connecticut Law Review 459 (2010))

Korea's Patent Policy and Its Impact on Economic Development: A Model for Emerging Countries?, Jay Erstling
(11 San Diego International Law Journal 441 (Spring 2010))

Levinas, Law Schools and the Poor: They Stand Over Us, Marie Failinger
(35 Oklahoma City University Law Review 115 (2010))

Medicaid, Low Income Pools, and the Goals of Privatization, Laura Hermer
(17 Georgetown Journal on Poverty Law Policy 405 (2010))

Collaborative Lawyering: A Process for Interest-Based Negotiation, Jim Hilbert
(38 Hofstra Law Review 1083 (2010))

Keep Hope Alive: Updating the Prudent Investment Standard for Allocating Nuclear Plant Cancellation Costs, Jonathan Kahn
(22 Fordham Environmental Law Review 43 (2010))

A Myth Deconstructed: “The Emperor’s New Clothes” on the Low-Profit Limited Liability Company, Daniel S. Kleinberger
(35 The Delaware Journal of Corporate Law 879 (2010))

The Fatal Design Defects of L3Cs, Daniel S. Kleinberger
(Daniel S. Kleinberger, The Fatal Design Defects of L3Cs, The Nonprofit Quarterly, Summer 2010, at 39-43.)

The Single Member Limited Liability Company as Disregarded Entity: Now You See it, Now You Don’t, Daniel S. Kleinberger
(Business Law Today, August 2010. © The American Bar Association 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.)

Beyond Cardboard Clients in Legal Ethics, Kate Kruse
(23 Georgetown Journal of Legal Ethics 103 (2010)
Reprinted with permission of the publisher, Georgetown Journal of Legal Ethics ©2010)

Lawyers in Character and Lawyers in Role, Kate Kruse
(10 Nevada Law Journal 393 (2010))

Artificial Intelligence: Robots, Avatars and the Demise of the Human Mediator, David Allen Larson
(25 Ohio State Journal on Dispute Resolution 105 (2010))

Surrogate Selection: An Increasingly Viable, but Limited, Solution to Intractable Futility Disputes, Thaddeus Mason Pope
(3 Saint Louis University Journal of Health Law & Policy 183 (2010))

Eighth Circuit Trademark Opinions, Kenneth L. Port
(36 William Mitchell Law Review 1657 (2010))

The Expansion Trajectory: Trademark Jurisprudence in the Modern Age, Kenneth L. Port
(92 Journal of the Patent and Trademark Office Society 474)

One Lantern in the Darkest Night - The CIA's Inspector General, Afsheen John Radsan
(4 Journal of National Security Law & Policy 247 (2010))

Remodeling the Classified Information Procedures Act (CIPA), Afsheen John Radsan
(32 Cardozo Law Review 437 (2010))

The Case for Stewart over Harlan on 24/7 Physical Surveillance, Afsheen John Radsan
(88 Texas Law Review 1475 (2010))

On Silence: A Reply to Professors Cribari and Judges, Ted Sampsell-Jones
(94 Minnesota Law Review Headnotes 94 (2010))

Preventive Detention, Character Evidence, and the New Criminal Law, Ted Sampsell-Jones
(2010 Utah Law Review 723 (2010))

The Evolution of Trade Secret Law and Why Courts Commit Error When They Do Not Follow the Uniform Trade Secrets Act, Sharon Sandeen
(33 Hamline Law Review 493 (2010)

Navigating the Murky Waters of Untruth in Negotiation: Lessons for Ethical Lawyers, Deborah A. Schmedemann
(12 Cardozo Journal of Conflict Negotiation 83 (2010))

The Uses and Misuses of Statistical Proof in Age Discrimination Claims, Thomas Tinkham
(27 Hofstra Labor and Employment Law Journal 357 (2010))

Annual Survey of Periodical Literature, Nancy Ver Steegh
(43 Family Law Quarterly 1069 (2010) 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.)

To Be or Not to Be Both CEO and Board Chair, Thuy-Nga T. Vo
(76 Brooklyn Law Review 65 (2010))

An Escape Route from the Medellin Maze, Anthony S. Winer
(25 Connecticut Journal of International Law 331 (2010))

Submissions from 2009

A Matter of Trust: Should No-Reliance Clauses Bar Claims for Fraudulent Inducement of Contract?, Allen Blair
(92 Marquette Law Review 423 (2009))

Cloned Meat, Voluntary Food Labeling, and Organic Oreos, Donna M. Byrne
(8 Pierce Law Review 31 (2009))

Foreword: Assisted Reproductive Technology and the Law, Mary P. Byrn
(35 William Mitchell Law Review 401 (2009))

Legal Research Assessment, Simon Canick
(28 Legal Reference Services Quarterly 201 (2009))

International Developments in Consumer Financial Services Law 2007-2008, Gregory M. Duhl
(64 Business Lawyer 677 (2009) 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.)

International Sale of Goods 2008, Gregory M. Duhl
(64 Business Lawyer 1281 (2009) 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.)

Using Patents to Protect Traditional Knowledge, Jay Erstling
(15 Texas Wesleyan Law Review 295 (2009))

Anticipating an Evil Which May Never Exist: Minnesota's Anachronistic Identifying Mark Statute, Michael Freiberg
(36 William Mitchell Law Review 45 (2009))

Foreword to Articles Presented at the 2009 Childhood Sexual Abuse Awareness Conference, Phebe Saunders Haugen
(36 William Mitchell Law Review 138 (2009))

Educational Workshops on Settlement and Dispute Resolution: Another Tool for Self-Represented Litigants in Family Court, Jim Hilbert
(43 Family Law Quarterly 545 (2009))

Finessing Well-Plead Derivative Lawsuits: The Implications of the Minnesota Supreme Court's Selection of Auerbach over Zapata, James F. Hogg
(36 William Mitchell Law Review 70 (2009))

A Crooked Picture: Re-Framing the Problem of Child Sexual Abuse, Eric S. Janus
(36 William Mitchell Law Review 142 (2009))

Foreword: Poverty Law Issue, Ann Juergens
(35 William Mitchell Law Review 754 (2009))

Beyond Bidil: The Expanding Embrace of Race in Biomedical Research and Product Development, Jonathan Kahn
(3 St. Louis University Journal of Health Law & Policy 61 (2009)
Reprinted with permission of the Saint Louis University Journal of Health Law & Policy ©2009 St. Louis University School of Law, St. Louis, Missouri.)

Race, Genes and Justice: A Call to Reform the Presentation of Forensic DNA Evidence in Criminal Trials, Jonathan Kahn
(74 Brooklyn Law Review 325 (2009))

The LLC as Recombinant Entity: Revisiting Fundamental Questions Through the LLC Lens, Daniel S. Kleinberger
(14 Fordham Journal of Corporate and Financial Law 473 (2009))

The Plight of the Bare Naked Assignee, Daniel S. Kleinberger
(42 Suffolk Law Review 587 (2009))

Two Decades of "Alternative Entities": From Tax Rationalization Through Alphabet Soup to Contract as Deity, Daniel S. Kleinberger
(14 Fordham Journal of Corporate and Financial Law 445 (2009))

My Lawyer Told Me to Say I'm Sorry: Lawyers, Doctors, and Medical Apologies, Peter B. Knapp
(35 William Mitchell Law Review 1410 (2009))

The Definitional Hub of e-Commerce: "Record", Christina L. Kunz
(45 Idaho Law Review 399 (2009))

Due Process and Targeted Killing of Terrorists, Richard Murphy and Afsheen John Radsan
(31 Cardozo Law Review 405 (2009))

Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism, Thaddeus Mason Pope
(31 Campbell Law Review 257 (2009))

An Overt Turn on Covert Action, Afsheen John Radsan
(53 Saint Louis University Law Journal 485 (2009))

Change Versus Continuity at Obama’s CIA, Afsheen John Radsan
(21 Regent University Law Review 299 (2009))

Crawford in Minnesota: The First Five Years, Ted Sampsell-Jones
(2 Journal of Law and Practice 5, 2009)

Spreigl Evidence: Still Searching for a Principled Rule, Ted Sampsell-Jones
(35 William Mitchell Law Review 1372 (2009))

Proximate Cause in Civil Damages Act Cases, Michael K. Steenson
(2 William Mitchell Journal of Law & Practice 6, 2009)

The Legacy of the 9/11 Fund and the Minnesota I-35W Bridge-Collapse Fund: Creating a Template for Compensating Victims of Future Mass-Tort Catastrophes, Michael K. Steenson
(35 William Mitchell law Review 524 (2009))

The Uniform Collaborative Law Act and Intimate Partner Violence: A Roadmap for Collaborative (and Non-Collaborative) Lawyers, Nancy Ver Steegh
(38 Hofstra Law Review 699 (2009))

Submissions from 2008

Codes of Ethics and State Fiduciary Duties: Where is the Line?, Z. Jill Barclift
(1 Journal of Business, Entrepreneurship and the Law 237 (2008))

Preventive Law: A Strategy for Internal Corporate Lawyers to Advise Managers of Their Ethical Obligations, Z. Jill Barclift
(33 Journal of the Legal Profession 31 (2008))