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Articles 1 - 4 of 4
Full-Text Articles in Law
The Impact Of "Exceptional" Statutes On Civil Litigation In Minnesota, Michael K. Steenson
The Impact Of "Exceptional" Statutes On Civil Litigation In Minnesota, Michael K. Steenson
Faculty Scholarship
This article examines the treatment of “exceptional” statutes--statutes intended to protect a specific class of persons against their own inability to protect themselves--by the Minnesota appellate courts. After an analysis of the origins of the negligence per se doctrine in Minnesota, the article briefly examines the relationship between negligence per se and common law negligence. Then, following a brief historical background discussion of earlier cases involving exceptional statutes, the article focuses on individual cases in which the exceptional statutes are implicated. The goal of the article is to determine whether the law the supreme court developed has been consistently adhered …
Defamation Per Se: Defamation By Mistake?, Michael K. Steenson
Defamation Per Se: Defamation By Mistake?, Michael K. Steenson
Faculty Scholarship
Defamation is a complicated tort, due in part to the differing rules that govern libel and slander, the two branches of the tort. The focus of this essay is on “defamation per se,” its origins in Minnesota, and the consequences of its misapplication. The essay opens with a short statement of standard defamation principles, followed by a short statement of the prevailing United States Supreme Court decisions, imposing First Amendment limitations on common law defamation claims, and the Minnesota cases that follow them. The next part analyzes a string of Minnesota cases that establish the foundation for Minnesota defamation law, …
Foreword: "Products Liability In The 21st Century Substantive U.S. And Foreign Product Liability Law", Michael K. Steenson
Foreword: "Products Liability In The 21st Century Substantive U.S. And Foreign Product Liability Law", Michael K. Steenson
Faculty Scholarship
The idea for this William Mitchell Law Review Symposium on products liability law belongs to Ken Ross, who currently is Of Counsel to Bowman & Brooke. He specializes in products liability law and, as a preventive law specialist representing both domestic and foreign clients, he sees products liability law from a broad prospective that necessitates an understanding of products liability law from both a domestic and international perspective that takes into consideration legislative, regulatory, and common law shifts and trends in the law. This symposium is shaped around those broad interests.
Biotechnology And The Legal Constitution Of The Self: Managing Identity In Science, The Market, And Society, Jonathan Kahn
Biotechnology And The Legal Constitution Of The Self: Managing Identity In Science, The Market, And Society, Jonathan Kahn
Faculty Scholarship
This article considers how certain ideas underlying the tort of appropriation may enable use more effectively to deal with the problems presented by a case such Moore v. Regents of the University of California which dealt with property rights of Moore’s spleen cells. First, the author explores how the tort of appropriation of identity opens up new approaches to inform and perhaps supplement principles of property law as a guide to managing genetic information or other materials that seem intimately bound up with a particular human subject. Secondly, the author analyzes how the various opinions produced by the Supreme Court …