Submissions from 2007

Rethinking Medical Liability: A Challenge to Defense Lawyers, Trial Lawyers, Medical Providers, and Legislators: An Introduction to the Symposium, Thaddeus Pope
(37 University of Memphis Law Review 455 (2007))

Medical Futility Statutes: No Safe Harbor to Unilaterally Refuse Life-Sustaining Treatment, Thaddeus Mason Pope
(75 Tennessee Law Review 1 (2007))

Mediation at the End of Life: Getting Beyond the Limits of the Talking Cure, Thaddeus Mason Pope and Ellen A. Waldman
(23 Ohio State Journal on Dispute Resolution 143 (2007))

How a Marriage Discrimination Amendment Would Disrespect Democracy in Minnesota, Anthony S. Winer
(33 William Mitchell Law Review 1059 (2007))

Submissions from 2006

Senior Corporate Officers and the Duty of Candor: Do the CEO and DFO Have a Duty to Inform?, Z. Jill Barclift
(41 Valparaiso University Law Review 269 (2006))

You Don’t Have to Be Ludwig Wittgenstein’: How Llewellyn’s Concept of Agreement Should Change the Law of Open-Quantity Contracts, Henry Allen Blair
(37 Seton Hall Law Review 67 (2006))

The Patent Cooperation Treaty: At the Center of the International Patent System, Jay Erstling
(32 William Mitchell Law Review 1583)

Against Idols: The Court as a Symbol-making or Rhetorical Institution, Marie Failinger
(8 University of Pennsylvania Journal of Constitutional Law 367 (2006))

In Praise of Contextuality - Justice O'Connor and the Establishment Clause, Marie Failinger
(29 Hamline Law Review 7 (2006))

Lessons Unlearned: Women Offenders, the Ethics of Care, and the Promise of Restorative Justice, Marie Failinger
(33 Fordham Urban Law Journal 487 (2006))

No More Deaths: On Conscience, Civil Disobedience, and a New Role for Truth Commissions, Marie Failinger
(75 UMKC Law Review 401 (2006))

A Persistent Critique: Constructing Clients’ Stories, Carolyn Grose
(12 Clinical Law Review 329 (2006))

The Scapegoat: EMTALA and Emergency Department Overcrowding, Laura Hermer
(14 Journal of Law and Policy 695 (2006))

A Crack in the Shield? Malpractice Coverage at Risk, Daniel S. Kleinberger
(68:3 Bench and Bar of Minnesota 26 (2006))

Careful What You Wish For — Freedom of Contract and the Necessity of Careful Scrivening, Daniel S. Kleinberger
(XXIV Pubogram 19 (2006) (Committee on Partnerships and Unincorporated Business Organizations of the ABA Business Law Section))

Direct Versus Derivative and the Law of Limited Liability Companies, Daniel S. Kleinberger
(58 Baylor Law Review 63 (2006))

Radke v. County of Freeborn: The Return of the Public Duty Rule?, Mehmet K. Konar-Steenberg
(32 William Mitchell Law Review 1383 (2006))

Instituting Innocence Reform: Wisconsin's New Governance Experiment, Kate Kruse
(2006 Wisconsin Law Review 645 (2006)
Copyright 2015 by The Board of Regents of the University of Wisconsin System; Reprinted by permission of the Wisconsin Law Review)

Standing in Babylon, Looking Toward Zion, Kate Kruse
(6 Nevada Law Journal 1315 (2006))

The Ethics of Invalid and 'Iffy' Contract Clauses, in Symposium: Contracting Out of the Uniform Commercial Code, Christina L. Kunz
(40 Loyola of Los Angeles Law Review 487 (2006) Originally published in the Loyola of Los Angeles Law Review at 40 Loy. L. A. L. Rev. 487 (2006))

Technology Mediated Dispute Resolution (TMDR): A New Paradigm for ADR, David Allen Larson
(21 Ohio State Journal on Dispute Resolution 629 (2006))

Technology Mediated Dispute Resolution (TMDR): Opportunities and Dangers, David Allen Larson
(38 University of Toledo Law Review 213 (2006))

Engler v. Illinois Farmers Insurance Co. and Negligent Infliction of Emotional Distress, Michael K. Steenson
(32 William Mitchell Law Review 1335 (2006))

The Character of the Minnesota Tort System, Michael K. Steenson
(33 William Mitchell Law Review 239 (2006))

Submissions from 2005

Corporate Responsibility: Ensuring Independent Judgment of the General Counsel - A Look at Stock Options, Z. Jill Barclift
(81 North Dakota Law Review 1 (2005)
Copyright North Dakota Law Review)

The Use of Prebirth Parentage Orders in Surrogacy Proceedings, Mary P. Byrn and Steven H. Synder
(39 Family Law Quarterly 633 (Fall 2005))

Re-Establishing the Sisseton-Wahpeton Oyate's Reservation Boundaries: Building a Legal Rationale from Current International Law, Angelique EagleWoman
(29 American Indian Law Review 239 (2005))

Can Good Judges Be Good Politician? Judicial Elections from a Virtue Ethics Approach, Marie Failinger
(70 Missouri Law Review 433 (2005))

Judicial Deference or Bad Lawmaking? Why Massachusetts Courts Will Not Impose Municipal Liability for Failure to Enforce Restraining Orders, Carolyn Grose
(38 Suffolk Law Review 557 (2005))

Practicing What We Teach: The Importance of Emotion and Community Connection in Law Work and Law Teaching, Ann Juergens
(11 Clinical Law Review 901 (2005))

Controlling Identity: Plessy, Privacy, and Racial Defamation, Jonathan Kahn
(54 DePaul Law Review 755 (2005))

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
(William Mitchell Legal Studies Research Paper No. 61)

The Closely Held Business Through the Entity-Aggregate Prism, Daniel S. Kleinberger
(40 Wake Forest Law Review 827 (2005))

Lawyers, Justice and the Challenge of Moral Pluralism, Kate Kruse
(90 Minnesota Law Review 389 (2005))

Is Public Health Paternalism Really Never Justified? A Response to Joel Feinberg, Thaddeus Mason Pope
(30 Oklahoma City University Law Review 121 (2005))

Monstrous Impersonation: A Critique of Consent-Based Justifications for Hard Paternalism, Thaddeus Mason Pope
(73 UMKC Law Review 681 (2005)

Differentiating Types of Domestic Violence: Implications for Child Custody, Nancy Ver Steegh
(65 Louisiana Law Review 1379 (2005))

Submissions from 2004

State v. Colosimo: Minnesota Anglers' Freedom from Unreasonable Searches and Seizures Becomes 'The One that Got Away', Edwin J. Butterfoss and Joseph L. Daly
(31 William Mitchell Law Review 527 (2004-2005))

Gollum, Meet Smeagol: A Schizophrenic Rumination on Mediator Values Beyond Self Determination and Neutrality, James Coben
(5 Cardozo Journal of Conflict Resolution 65 (2004))

Toward an Indigenous Jurisprudence of Rape, Sarah Deer
(14 Kansas Journal of Law and Public Policy 121 (2004))

Old Lyrics, Knock-Off Videos, and Copycat Comic Books: The Fourth Fair Use Factor in U.S. Copyright Law, Gregory M. Duhl
(54 Syracuse Law Review 665 (2004))

Testing Applicants with Disabilities, Gregory M. Duhl and Stuart Duhl
(73 Bar Examiner 7 (2004))

Pilgrimage or Exodus?: Responding to Faculty Faith Diversity at Religious Law Schools, Marie Failinger
(81 University of Detroit Mercy Law Review 719 (2004))

Virtuous Judges and Electoral Politics: A Contradiction?, Marie Failinger
(67 Albany Law Review 769 (2004))

Access to Health Care in Texas: A Patient-Centered Perspective, Laura Hermer and William J. Winslade
(35 Texas Tech Law Review 33 (2004))

The Legal Foundation–Defining the Legislative Format, William W. Huss, Sharon Press, and J. Michael McWilliams
(28 American Journal of Trial Advocacy 19 (2004))

Sexually violent predator laws: psychiatry in service to a morally dubious enterprise, Eric S. Janus
(364 Lancet, Dec. 2004, at 50)

How a Drug Becomes ‘Ethnic’: Law, Commerce, and the Production of Racial Categories in Medicine, Jonathan Kahn
(4 Yale Journal of Health Policy, Law, and Ethics 1 (2004)
Reprint permission courtesy of the Yale Journal of Health Policy, Law, and Ethics)

A User's Guide to the New Uniform Limited Partnership Act, Daniel S. Kleinberger
(37 Suffolk University Law Review 583 (2004))

The Reporter's Rejoinder, Daniel S. Kleinberger
(37 Suffolk University Law Review 981 (2004))

Learning from Practice: What ADR Needs from a Theory of Justice, Kate Kruse
(5 Nevada Law Journal 389 (2004-2005))

Counting the Dragon's Teeth and Claws: the Definition of Hard Paternalism, Thaddeus Mason Pope
(20 Georgia State University Law Review 659 (2004))

Defenders of Small Business?: A Perspective on the Supreme Court’s Recent Trademark Jurisprudence,, Sharon K. Sandeen
(30 William Mitchell Law Review 1705 (2004))

A Thirtieth Anniversary Tribute to the William Mitchell Law Review, Michael K. Steenson
(30 William Mitchell Law Review 1465 (2004))

Joint and Several Liability in Minnesota: The 2003 Model, Michael K. Steenson
(30 William Mitchell Law Review 845 (2004))

The Reagan Doctrine, the 2003 Invasion of Iraq, and the Role of a Sole Superpower, Anthony S. Winer
(22 Law & Inequality 169 (2004))

Submissions from 2003

Part-Time Legal Education: It‘s Not Your Parents’ Old Oldsmobile, Edwin J. Butterfoss
(35 University of Toledo Law Review 25 (2003))

Red Owl's Legacy, Gregory M. Duhl
(87 Marquette Law Review 297 (2003))

Essay: Of Rights Lost and Rights Found: The Coming Restoration of the Right to a Jury Trial in Minnesota Civil Commitment Proceedings, C. Peter Erlinder
(29 William Mitchell Law Review 1269 (2003))

Not Mere Rhetoric: On Wasting or Claiming your Legacy, Justice Scalia, Marie Failinger
(34 University of Toledo Law Review 425 (2003))

Midwifery: Strategies on the Road to Universal Legalization, Laura Hermer
(13 Health Matrix: Journal of Law-Medicine 325 (2003))

Clinical Teaching at William Mitchell College of Law: Values, Pedagogy, and Perspective, Eric S. Janus
(30 William Mitchell Law Review 73 (2003))

Minnesota's Sex Offender Commitment Program: Would an Empirically-Based Prevention Policy by more Effective?, Eric S. Janus
(29 William Mitchell Law Review 1083 (2003))

Rosalie Wahl's Vision for Legal Education: Clinics at the Heart, Ann Juergens
(30 William Mitchell Law Review 9 (2003))

Privacy as a Legal Principle of Identity Maintenance, Jonathan Kahn
(33 Seton Hall Law Review 371 (2003))

From the Clinic to the Classroom: Or What I Would Have Learned if I Had Been Paying More Attention to my Students and Their Clients, Peter B. Knapp
(30 William Mitchell Law Review 101 (2003))

Institutionalization of Mediation in Florida: At the Crossroads, Sharon Press
(108 Penn State Law Review 43 (2003))

Book Review: Decreeing Women's Equality: Using Women's History to Create Legal Parity, Denise D. J. Roy
(29 William Mitchell Law Review 1047 (2003))

The Sense and Nonsense of Web Site Terms of Use Agreements, Sharon Sandeen
(26 Hamline Law Review 499 (2003))

Beyond Words: An Empirical Study of Context in Contract Creation, Deborah A. Schmedemann
(55 South Carolina Law Review 145 (2003))

Essay: Pledging Allegiance, Michael K. Steenson
(29 William Mitchell Law Review 747 (2003))

The Role of Primary Assumption of Risk in Civil Litigation in Minnesota, Michael K. Steenson
(30 William Mitchell Law Review 115 (2003))

Yes, No, and Maybe: Informed Decision Making About Divorce Mediation in the Presence of Domestic Violence, Nancy Ver Steegh
(9 William & Mary Journal of Women and the Law 145 (2003))

Submissions from 2002

Same-Sex Marriage in South Africa: A Constitutional Possibility, Mary P. Byrn
(87 Minnesota Law Review 511 (2002-2003))

Availability of Works Cited in Recent Law Review Articles on LEXIS, Westlaw, the Internet, and Other Databases, Simon Canick
(21 Legal References Services Quarterly No. 2/3 (2002))

A Word-and-Flesh Profession: A Response to White and Brueggemann, Marie Failinger
(53 Mercer Law Review 1035 (2002))

Is Tom Shaffer a Covenantal Lawyer?, Marie Failinger
(77 Notre Dame Law Review 705 (2002))

The Colored Man Standing By the Punch Bowl, Michael K. Jordan
(5 New York City Law Review 175 (2002))

Book Review: Fredrick L. McGhee:A Life on the Color Line, 1861-1912, by Paul D. Nelson, Ann Juergens
(58 Minnesota History 188 (2002))

"Apparent Servants" and Making Appearances Matter: A Critique of Bagot v. Airport & Airline Taxi Cab Corporation, Daniel S. Kleinberger and Peter B. Knapp
(28 William Mitchell Law Review 1527 (2002))

The Other Shoe Drops: Minnesota Rejects Daubert, Peter B. Knapp
(27 William Mitchell Law Review 997 (2000))

Subjecting Rembrandt to the Rule of Law: Rule-Based Solutions for Determining the Patentability of Business Methods, R. Carl Moy
(29 William Mitchell Law Review 1047 (2002))

Submissions from 2001

Remembering Mrs. Murphy: A Remedies Approach to the Conflict between Gay/Lesbian Renters and Religious Landlords, Marie Failinger
(29 Capital University Law Review 383 (2001))

Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
(28 William Mitchell Law Review 397 (2001))

What's in a Name? Law's Identity Under the Tort of Appropriation, Jonathan Kahn
(74 Temple Law Review 263 (2001))

Preserving the Public Trust in State-Owned Intellectual Property: A Recommendation for Legislative Action, Sharon Sandeen
(32 McGeorge Law Review 385 (2001))

Recalling Atticus Finch: Conversations with Practicing Lawyers, Deborah A. Schmedemann
(18:3 William Mitchell Magazine, spring (2001))

Mandatory Divorce Education: What do the Parents Say?, Nancy Ver Steegh and Solveig Erickson
(28 William Mitchell Law Review 889 (2001))

Submissions from 2000

A Citizen of Fine Spirit, Douglas R. Heidenreich
(18:2 William Mitchell Magazine, Fall (2000))

Biotechnology and the Legal Constitution of the Self: Managing Identity in Science, the Market, and Society, Jonathan Kahn
(51 Hastings Law Journal 909 (2000))

Of Learning Civil Procedure, Practicing Civil Practice, and Studying A Civil Action: A Low-Cost Proposal to Introduce First-Year Law Students to the Neglected MacCrate Skills, Raleigh Hannah Levine
(31 Seton HallLaw Review 479 (2000) Originally published in the Seton Hall Law Review at 31 Seton Hall L. Rev. 479 (2000))

Balancing Public Health Against Individual Liberty: The Ethics of Smoking Regulations, Thaddeus Mason Pope
(61 University of Pittsburgh Law Review 419 (2000))

Is Meaningful Regulation of Lawyers in Multidisciplinary Firms Possible?, Denise D. J. Roy
(18:1 William Mitchell Magazine, spring (2000))

Time and Money: One State's Regulation of Check-Based Loans, Deborah A. Schmedemann
(27 William Mitchell Law Review 973 (2000))

Minnesota Lawyers Evaluate Law Schools, Training and Job Satisfaction, John O. Sonsteng
(26 William Mitchell Law Review 327 (2000))

Defamation Per Se: Defamation by Mistake?, Michael K. Steenson
(27 William Mitchell Law Review 779 (2000))

Foreword: "Products Liability in the 21st Century Substantive U.S. and Foreign Product Liability Law", Michael K. Steenson
(27 William Mitchell Law Review 1 (2000))

The Impact of "Exceptional" Statutes on Civil Litigation in Minnesota, Michael K. Steenson
(26 William Mitchell Law Review 865 (2000))

Minnesota Court of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint
(2 Journal of Appellate Practice and Process 395 (2000))

The Silent Victims: Children and Domestic Violence, Nancy Ver Steegh
(26 William Mitchell Law Review 775 (2000))