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Mitchell Hamline School of Law

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Articles 1 - 30 of 1264

Full-Text Articles in Law

Masthead Jan 2024

Masthead

Cybaris®

No abstract provided.


Pocket Castles And Custom Skin: Championing Transparency In The Monetization Of User-Generated Content In Video Games, Jakob Stokes Jan 2024

Pocket Castles And Custom Skin: Championing Transparency In The Monetization Of User-Generated Content In Video Games, Jakob Stokes

Cybaris®

No abstract provided.


Certificates Of Public Advantage: A Valuable Tool Or Diminishing Allure?, Abdur Rahman Amin Jan 2024

Certificates Of Public Advantage: A Valuable Tool Or Diminishing Allure?, Abdur Rahman Amin

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Autism And Access To Healthcare, Amanda Forbes Jan 2024

Autism And Access To Healthcare, Amanda Forbes

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Lessons From A Small And Troubled Country: Bosnia’S Struggling Judiciary Paints An Ominous Picture For The Future Of The Rule Of Law In The United States, David Pimentel Jan 2024

Lessons From A Small And Troubled Country: Bosnia’S Struggling Judiciary Paints An Ominous Picture For The Future Of The Rule Of Law In The United States, David Pimentel

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


The Thinning Blue Line: Ptsd Benefits For Law Enforcement In Minnesota, Caleb Wootan Jan 2024

The Thinning Blue Line: Ptsd Benefits For Law Enforcement In Minnesota, Caleb Wootan

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Uncle Sam Wants You, Unless You’Re Trans: How Greene V. Mcelroy Allows Discrimination In The Military, Amy Vedder Jan 2024

Uncle Sam Wants You, Unless You’Re Trans: How Greene V. Mcelroy Allows Discrimination In The Military, Amy Vedder

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


The Criminalization Of Mental Illness And Substance Use Disorder: Addressing The Void Between The Healthcare And Criminal Justice Systems, Emily B. Egart Jan 2024

The Criminalization Of Mental Illness And Substance Use Disorder: Addressing The Void Between The Healthcare And Criminal Justice Systems, Emily B. Egart

Mitchell Hamline Law Review

No abstract provided.


Social Media, The Modern Public Forum: The State Action Doctrine And Resurrection Of Marsh, Erika L. Andersen Jan 2024

Social Media, The Modern Public Forum: The State Action Doctrine And Resurrection Of Marsh, Erika L. Andersen

Mitchell Hamline Law Review

No abstract provided.


Virtual Justice: Criminalizing Avatar Sexual Assault In Metaverse Spaces, Olivia Bellini Jan 2024

Virtual Justice: Criminalizing Avatar Sexual Assault In Metaverse Spaces, Olivia Bellini

Mitchell Hamline Law Review

No abstract provided.


Fast Track To The Civil Death Penalty: Involuntary Termination Of Parental Rights And An Analysis Of The Minnesota Supreme Court's Decision In R.D.L., Ryan E. Boevers Jan 2024

Fast Track To The Civil Death Penalty: Involuntary Termination Of Parental Rights And An Analysis Of The Minnesota Supreme Court's Decision In R.D.L., Ryan E. Boevers

Mitchell Hamline Law Review

No abstract provided.


When We Need Someone To Blame: Officer Suicide, Justice, And The Felony Murder Rule In The Casey White Case, Mallory Sadler Jan 2024

When We Need Someone To Blame: Officer Suicide, Justice, And The Felony Murder Rule In The Casey White Case, Mallory Sadler

Mitchell Hamline Law Review

No abstract provided.


On The Rights Of Sentient Beings: The Case For Expanding Due Process Of Law To Non-Human Animals, John Bolliger Jan 2024

On The Rights Of Sentient Beings: The Case For Expanding Due Process Of Law To Non-Human Animals, John Bolliger

Mitchell Hamline Law Review

No abstract provided.


Virtually Identical: A Case For Maintaining Architectural Copyright Protections In The Metaverse, Stephen Mcpaul Jan 2024

Virtually Identical: A Case For Maintaining Architectural Copyright Protections In The Metaverse, Stephen Mcpaul

Cybaris®

No abstract provided.


Applying Current Copyright Law To Artificial Intelligence Image Generators In The Context Of Anderson V. Stability Ai, Ltd., Matthew Lindberg Jan 2024

Applying Current Copyright Law To Artificial Intelligence Image Generators In The Context Of Anderson V. Stability Ai, Ltd., Matthew Lindberg

Cybaris®

No abstract provided.


Disharmony In Patent Law: A Comparative Study Of Patent Eligibility Of Biological Subject Matters Between China And The United States, Xiongying Tu Jan 2024

Disharmony In Patent Law: A Comparative Study Of Patent Eligibility Of Biological Subject Matters Between China And The United States, Xiongying Tu

Cybaris®

Disharmonies in intellectual property rights have led countries, like China and the U.S., to implement patent laws tailored to their unique culture, values, and goals while complying with international treaties. China's exclusion of treatment and diagnosis methods from patent protection prioritizes healthcare accessibility, whereas the U.S.'s allowance of patentability fosters medical innovation. Similarly, China's exclusion of animal and plant patentability aligns with cultural and agricultural values, emphasizing resource accessibility and food security. Protecting genetic resources poses challenges, with China aligning its patent law proactively with the CBD principles and the U.S. prioritizing unrestricted access. China's approach to human stem cell …


Negotiation Theories Engage Hybrid Warfare, Sharon Press, Nancy A. Welsh, Andrea Kupfer Schneider Jan 2023

Negotiation Theories Engage Hybrid Warfare, Sharon Press, Nancy A. Welsh, Andrea Kupfer Schneider

Faculty Scholarship

The concept of hybrid warfare has arisen recently to describe the efforts, short of outright war, used by nations to disrupt and destabilize each other. This Article reviews available negotiation theories, concepts and skills to determine whether they can help governmental actors and business organizations targeted by hybrid warfare respond effectively. In other words, can negotiation theories, concepts and skills be used to engage effectively in “hybrid conflict management”? The Article urges that international diplomacy and multiparty negotiation theories and skills, as well as the more recent scholarship that has developed regarding hostage negotiation and “wicked problems,” are likely to …


Meals For All, Not Just The Cake Eaters: A Call For Universal School Lunch In Minnesota As A Step Towards Racial Equity, Anna Cousin Jan 2023

Meals For All, Not Just The Cake Eaters: A Call For Universal School Lunch In Minnesota As A Step Towards Racial Equity, Anna Cousin

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Expanding The Sixth Amendment’S Right To Counsel To Ensure Fairness For Noncitizen Defendants, Kathy Santamaria Mendez Jan 2023

Expanding The Sixth Amendment’S Right To Counsel To Ensure Fairness For Noncitizen Defendants, Kathy Santamaria Mendez

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Preempting State Prevention: How Fda Regulation Ensures Access To Abortion Medication, Jared Shea Jan 2023

Preempting State Prevention: How Fda Regulation Ensures Access To Abortion Medication, Jared Shea

Mitchell Hamline Law Review

No abstract provided.


Constitutionality Of Reparations For Native Americans: Confronting The Boarding Schools, Monica Shaffer Jan 2023

Constitutionality Of Reparations For Native Americans: Confronting The Boarding Schools, Monica Shaffer

Mitchell Hamline Law Review

No abstract provided.


Major Questions Impede Major Progress--Rebuking The Major Questions Doctrine & West Virginia V. Epa In Minnesota, Michael Warkel Jan 2023

Major Questions Impede Major Progress--Rebuking The Major Questions Doctrine & West Virginia V. Epa In Minnesota, Michael Warkel

Mitchell Hamline Law Review

No abstract provided.


Election Obstruction, Jason Marisam Jan 2023

Election Obstruction, Jason Marisam

Faculty Scholarship

In 2020 and 2022, multiple Republican county canvassers refused to perform their ministerial duty to approve election returns, obstructing the official certification of the results. The canvassers latched onto false claims of fraud and other conspiracies advanced by election deniers. They eventually relented because of court orders and public pressure. The elections produced official winners, and crisis was averted. But, as long as election denialism rots our political discourse, election obstruction by canvassers will be a persistent risk with significant dangers for our democracy. This Essay provides a brief history of election obstruction by canvassers, examines the modern link between …


Trauma-Informed (As A Matter Of) Course, Natalie Netzel Jan 2023

Trauma-Informed (As A Matter Of) Course, Natalie Netzel

Faculty Scholarship

Law students are impacted by trauma and law professors are in a position to help by adopting a trauma-informed approach as a matter of universal precaution. The 2021 Survey of Law Student Well-Being (“SLSWB”) revealed that over twenty percent of responding law students meet criteria that indicate they should be evaluated for post-traumatic stress disorder (“PTSD”). The study also revealed that almost fifty percent of responding students reported an important motivation for attending law school was experiencing a trauma or injustice. Put differently, law schools are full of law students who have experienced trauma, many of whom are actively struggling …


Crossing The Cultural Chasm And The Power Of Listening: How We Wrote A New Tenure Code, David Larson, Linda Hanson Jan 2023

Crossing The Cultural Chasm And The Power Of Listening: How We Wrote A New Tenure Code, David Larson, Linda Hanson

Faculty Scholarship

Revising the Tenure Code of an institution of higher learning may be among the most challenging of the processes it undertakes, especially when there is a commitment to shared governance by its Board of Trustees and Faculty. At Mitchell Hamline School of Law, we recently experienced this process - both difficult and ultimately satisfying - following the combination of two law schools. In 2016, Mitchell Hamline School of Law became an independent institution formed through the combination of independent William Mitchell College of Law and Hamline School of Law, a school of Hamline University, both based in St. Paul, Minnesota. …


Legislative Report: Federal Regulations Implementing The Trademark Modernization Act Of 2020, Mark Kallevig Jan 2023

Legislative Report: Federal Regulations Implementing The Trademark Modernization Act Of 2020, Mark Kallevig

Cybaris®

No abstract provided.


Education Behind Bars: A History Of Prisoner Education Within The Florida Department Of Corrections And Suggestions For The Future, Peter Felix Armstrong Jan 2023

Education Behind Bars: A History Of Prisoner Education Within The Florida Department Of Corrections And Suggestions For The Future, Peter Felix Armstrong

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Reforming Eyewitness Identification Processes: Challenges And Recommendations For Successful Implementation, Daniel Manley Jan 2023

Reforming Eyewitness Identification Processes: Challenges And Recommendations For Successful Implementation, Daniel Manley

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Safeguarding The Alford Plea: Minimizing State-Sanctioned Wrongful Convictions, Zana Molina Jan 2023

Safeguarding The Alford Plea: Minimizing State-Sanctioned Wrongful Convictions, Zana Molina

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Ai Risk Assessment Tools Amid The War On Drugs: Productive Or Counterproductive?, Matin Pedram Jan 2023

Ai Risk Assessment Tools Amid The War On Drugs: Productive Or Counterproductive?, Matin Pedram

Mitchell Hamline Law Journal of Public Policy and Practice

The War on Drugs refers to a situation in which all the processes of production, distribution, and consumption of all illegal drugs are prohibited. This ambitious goal has imposed considerable costs on societies. The war has weaponized harsher punishments such as life imprisonment, execution, and long-term incarceration against drug offenders. Nonviolent offenders, those who possessed illegal drugs, have been easy targets for governments to show that the war is still ongoing. Although some countries became pioneers in changing the laws to end this costly war, Iran and the United States have made their stance on the drug issue clear, and …