Submissions from 2008

Tribal Nation Economics: Rebuilding Commercial Prosperity in Spite of U.S. Trade Restraints–Recommendations for Economic Revitalization in Indian Country, Angelique EagleWoman
(44 Tulsa Law Review 383 (2008))

A Truly Good Work: Turning to Restorative Justice for Answers to the Welfare-to-Work Dilemma, Marie Failinger
(15 Georgetown Journal on Poverty Law Policy 209 (2008)
©2008. Reprinted with permission of the publisher, GEORGETOWN JOURNAL ON POVERTY LAW & POLICY.)

Flies on the Wall or in the Ointment? Some Thoughts on the Role of Clinical Supervisors at Initial Client Interviews, Carolyn Grose
(14 Clinical Law Review 415 (2008))

Tax My Ride: Taxing Commuters in Our National Economy, Morgan Holcomb
(8 Florida Tax Review 885 (2008))

The Post-Cuno Litigation Landscape, Morgan Holcomb and Nicholas Allen Smith
(58 Case Western Reserve Law Review 1157 (2008))

“Forward” in Recent Developments in Minnesota Law, Eric S. Janus
(34 William Mitchell Law Review 1243 (2008))

Roleplays as Rehearsals for “Doing the Right Thing”---Adding Practice in Professional Values to Moldovan and United States Legal Education, Ann Juergens
(28 Washington University Journal of Law and Policy 141 (2008))

In Re Annandale and the Disconnections Between Minnesota and Federal Agency Deference Doctrine, Mehmet K. Konar-Steenberg
(34 William Mitchell Law Review 1375 (2008))

In Re Gault and the Promise of Systemic Reform, Kate Kruse
(75 Tennessee Law Review 287 (2008)
This article was published originally at 75 Tenn. L. Rev. 287 (2008) and is available here by permission of the Tennessee Law Review Association, Inc.)

The Human Dignity of Clients, Kate Kruse
(93 Cornell Law Review 1343 (2008))

Conflicts of Interest and Disclosures: Are We Making a Mountain Out of a Molehill, David Allen Larson

Technology Mediated Dispute Resolution Can Improve the Registry of Interpreters for the Deaf Ethical Practices System: The Deaf Community is Well Prepared and Can Lead by Example, David Allen Larson and Paula Gajewski Mickelson
(10 Cardozo Journal of Conflict Resolution 131 (2008))

Without a Doubt, A Sharp and Radical Departure: The Minnesota Supreme Court’s Decision to Change Plain Error Review of Unobjected-To Prosecutorial Error in State v. Ramsey, James Morrow and Joshua R. Larson
(31 Hamline Law Review 353 (2008))

Involuntary Passive Euthanasia in U.S. Courts: Reassessing the Judicial Treatment of Medical Futility Cases, Thaddeus Mason Pope
(9 Marquette Elder's Advisor 230 (2008))

Minnesota's Distortion of Rule 609, Ted Sampsell-Jones
(31 Hamline Law Review 405 (2008))

Identifying and Keeping the Genie in the Bottle: The Practical and Legal Realities of Trade Secrets in Bankruptcy Proceedings, Sharon Sandeen
(44 Gonzaga Law Review 81 (2008-2009))

Peterson v. Balach, Obvious Dangers, and the Duty of Possessors of Land in Minnesota, Michael K. Steenson
(34 William Mitchell law Review 1281 (2008))

Family Court Reform and ADR: Shifting Values and Expectations Transform the Divorce Process, Nancy Ver Steegh
(42 Family Law Quarterly 659 (2008) 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 2007

Fuzzy Logic and Corporate Governance Theories, Z. Jill Barclift
(6 Pierce Law Review 177 (2007-2008))

Bright Line Breaking Point: Embracing Justice Scalia’s Call for the Supreme Court To Abandon an Unreasonable Approach to Fourth Amendment Search and Seizure Law, Edwin Butterfoss
(82 Tulane Law Review 77 (2007))

A Suspicionless Search and Seizure Quagmire: The Supreme Court Revives the Pretext Doctrine and Creates Another Fine Fourth Amendment Mess, Edwin J. Butterfoss
(40 Creighton Law Review 419 (2007)
Copyright statement: Creighton University Law Review, “What Can You Say, Where Can You Say It, and to Whom?: A Guide to Understanding and Preventing Unlawful Sexual Harassment.” published in Vol. 25, Issue 3 (1991-1992, pp. 827-854, reprinted with permission. Copyright 8 1992 by Creighton University.)

From Right to Wrong: A Critique of the 2000 Uniform Parentage Act, Mary P. Byrn
(Originally published in 16 UCLA Women's L.J. 163 (2007), The Regents of the University of California.)

A Home of Its Own: The Role of Poverty Law in Furthering Law Schools' Mission, Marie Failinger
(34 Fordham Urban Law Journal 1173 (2007))

Recovering the Face-to-Face in American Immigration Law, Marie Failinger
(16 Southern California Review of Law and Social Justice 319 (2007))

A Moratorium on Intersex Surgeries?: Law, Science, Identity, and Bioethics at the Crossroads, Laura Hermer
(13 Cardozo Journal of Law & Gender 255 (2007))

Race-ing Patents/Patenting Race: An Emerging Political Geography of Intellectual Property in Biotechnology, Jonathan Kahn
(92 Iowa Law Review 353 (2007))

Agents of the Good, Servants of Evil: Harry Potter and the Law of Agency, Daniel S. Kleinberger
(William Mitchell Legal Studies Research Paper No. 67)

The Next Generation: The Revised Uniform Limited Liability Company Act, Daniel S. Kleinberger
(62 Business Lawyer 515 (2007) 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.)

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 Law? 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))

Diversity Jurisdiction for LLCs? Basically, Forget About It, Daniel S. Kleinberger and Carter G. Bishop
(14 Business Law Today 31 (September-October 2004))

Charging Orders and the New Uniform Limited Partnership Act: Dispelling the Rumors of Disaster, Daniel S. Kleinberger, Carter G. Bishop, and Thomas Geu
(18 Probate and Property 30 (July/August 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))

Sorting Through the Soup: How do LLCs, LLPs and LLLPs Fit Withing the Regulations and Legal Doctrines?, Daniel S. Kleinberger
(13 Business Law Today 15 (November-December 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))