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Articles 1 - 30 of 34
Full-Text Articles in Law
Foreword, Sam Hanson
Foreword, Sam Hanson
William Mitchell Law Review
Introduction to issue of Recent Decisions of the Minnesota Supreme Court (from 2002-03 term).
Pressure Of The Popular: Presidential Prestige And The High Court, Timothy W. Clark
Pressure Of The Popular: Presidential Prestige And The High Court, Timothy W. Clark
William Mitchell Law Review
Review of Popular Justice: Presidential Prestige and Executive Success in the Supreme Court. By Jeff Yates. State University of New York Press, 2002. 131 pages. $17.95.
The Expansion Of Punitive Damages In Minnesota: Environmental Litigation After Jensen V. Walsh , Alexandra B. Klass
The Expansion Of Punitive Damages In Minnesota: Environmental Litigation After Jensen V. Walsh , Alexandra B. Klass
William Mitchell Law Review
This article explains how the law of punitive damages has developed in Minnesota both before and after Jensen, and illustrates the significance of the Jensen case through a detailed discussion of the facts and outcome of the Kennedy Building Associates case. Section II of this article discusses the purpose of punitive damages, the process in Minnesota by which a punitive damages claim may be added to a case, and the circumstances under which punitive damages may be awarded. Section III of this article discusses the role of the courts in reviewing a jury's award of punitive damages in light of …
In Support Of A Unitary Tenure System For Law Faculty: An Essay, Nina W. Tarr
In Support Of A Unitary Tenure System For Law Faculty: An Essay, Nina W. Tarr
William Mitchell Law Review
[L]aw faculties are made up of diverse groups of people who contribute to the academic mission in a variety of ways. Given this, there is no reason to isolate one subset--those who teach in the clinic--and treat them differently when it comes to influence, power, autonomy, access to resources, security, or remuneration. In short, to give them a different “status” has become a historical anachronism.
Risks And Rewards Of Law Student Volunteer Service: A Supervisor’S Perspective, Julie E. Bennett, Sharon H. Fischlowitz
Risks And Rewards Of Law Student Volunteer Service: A Supervisor’S Perspective, Julie E. Bennett, Sharon H. Fischlowitz
William Mitchell Law Review
During the 2002 academic year, law students in Minnesota contributed 16,078 pro bono service hours. This level of student pro bono activity is possible only because licensed attorneys take the time to supervise and guide students. Volunteer supervision, a task separate from the practice of law, requires time, patience, and teaching skills, and has no guaranteed outcome. One might conclude that the necessary investment is not worth the effort. However, year after year, supervisors and volunteers continue to give thousands of service hours, providing critical legal services to clients who would otherwise go unrepresented. This essay examines some of the …
Foreword, Douglas R. Heidenreich
Foreword, Douglas R. Heidenreich
William Mitchell Law Review
Foreward to William Mitchell Law Review volume 30, issue 1: Essay Collection: Thirty Years of Clinical Legal Education at William Mitchell College of Law.
Towards A New Scholarship For Equal Justice, James S. Liebman
Towards A New Scholarship For Equal Justice, James S. Liebman
William Mitchell Law Review
Over the last thirty years, the legal academy has turned a cold shoulder to the subject matter of this symposium: scholarship for equal justice. I am here to suggest that a thaw may be on the way. By scholarship for equal justice--as distinguished from scholarship about that topic--I mean academic work undertaken for the purpose of improving outcomes for individuals and members of groups who have been systematically held back by their race, sex, poverty, or any other basis for rationing success that our legal system treats with suspicion. With reference to some of my own work and that of …
Philosophy And Opinions, Warren Ortland
Philosophy And Opinions, Warren Ortland
William Mitchell Law Review
Review of Law, Pragmatism, and Democracy. By Richard A. Posner. Harvard University Press, 2003. 398 Pages. $35.00.
Federal Whistleblower Protection: A Means To Enforcing Maximum-Hour Legislation For Medical Residents, Robert Neil Wilkey
Federal Whistleblower Protection: A Means To Enforcing Maximum-Hour Legislation For Medical Residents, Robert Neil Wilkey
William Mitchell Law Review
The extension of whistleblower protection to medical residents is by no means a panacea to current abusive working conditions. Roles exist for the federal government, the states, and institutional organizations such as the ACGME. Whistleblower protection provides one subtle yet effective regulatory tool that could undoubtedly result in enforcement of labor standards and ultimately better working conditions for medical residents.
Cartoon Criminals: The Unclear Future Of Computer Animation In The Minnesota Criminal Courtroom—State V. Stewart, Katherine A. Godden
Cartoon Criminals: The Unclear Future Of Computer Animation In The Minnesota Criminal Courtroom—State V. Stewart, Katherine A. Godden
William Mitchell Law Review
This article examines the development of computerized animation and its use in the legal field. It then analyzes the Minnesota Supreme Court's holding in Stewart and the consequences of that ruling. Finally, the article concludes that the court's decision failed to delineate a test for the district courts to apply when faced with the use of computerized animation in a criminal case.
Criminal Law—Scarlet Letters: Traffic Stops Based On “Special” License Plates Must Follow The Letter Of The Constitution—State V. Henning, Piper Kenney Webb, Bruce H. Hanley
Criminal Law—Scarlet Letters: Traffic Stops Based On “Special” License Plates Must Follow The Letter Of The Constitution—State V. Henning, Piper Kenney Webb, Bruce H. Hanley
William Mitchell Law Review
The Minnesota Supreme Court recently addressed whether a Minnesota statute authorizing law enforcement to stop motorists based solely on the presence of special license plates issued primarily to repeat drunken drivers is proper under the United States and Minnesota Constitutions. In State v. Henning, the court held the statute unconstitutional by a 4-3 decision. Finding no persuasive reason to do otherwise, the court struck down the legislature's attempt to eliminate the requirement that law enforcement have “reasonable articulable suspicion” to conduct an investigatory stop of a motor vehicle. This article provides a brief survey of similar laws in other states …
Lest We Forget: Celebrating Thirty Years Of Clinical Legal Education At William Mitchell College Of Law, Rosalie E. Wahl
Lest We Forget: Celebrating Thirty Years Of Clinical Legal Education At William Mitchell College Of Law, Rosalie E. Wahl
William Mitchell Law Review
Speech given at Reunion of Early Clinic Directors and Participants, March 20, 2003.
Civil Procedure—Court Inflexibility Puts Appellant In A Bad Position Regarding Attorney Mistake—In Re Welfare Of J.R., Jr., Douglas L. Pfeifer
Civil Procedure—Court Inflexibility Puts Appellant In A Bad Position Regarding Attorney Mistake—In Re Welfare Of J.R., Jr., Douglas L. Pfeifer
William Mitchell Law Review
Recently, in the case of In re Welfare of J.R., Jr., a proceeding involving the termination of a mother's parental rights, the Minnesota Supreme Court was faced with the issue of whether to affirm a court of appeals order dismissing the mother's appeal for failure to timely serve notice on the child's guardian ad litem, or to excuse the delay under an analysis similar to that required when a party seeks relief from a final judgment or order under Minnesota Rule of Civil Procedure 60.02 (“Rule 60.02”). The appellant argued that in cases involving the termination of parental rights, a …
Tort Law—The Motorist’S Guide To State Policy: Vehicle Owner Vicarious Liability Following Grants Of Initial Permission—Christensen V. Milbank Insurance Co., Christopher K. Iijima
Tort Law—The Motorist’S Guide To State Policy: Vehicle Owner Vicarious Liability Following Grants Of Initial Permission—Christensen V. Milbank Insurance Co., Christopher K. Iijima
William Mitchell Law Review
This note explores the Christensen decision and its effect on motor vehicle owner liability in Minnesota. First, the note presents a historical perspective from which to view the Christensen decision and Minnesota's motor vehicle liability and conversion laws. Next, the note summarizes the factual and procedural history of the Christensen case. Then the note discusses the Minnesota Supreme Court holding in Christensen. The note goes further to present a policy and legal analysis of the Christensen decision. Further, the note suggests an amendment to allow evenhanded treatment of vehicle owners, while satisfying state policy. The note concludes that the Christensen …
Prior Restraint Is Nearer Than Readers Realize, Steven P. Aggergaard
Prior Restraint Is Nearer Than Readers Realize, Steven P. Aggergaard
William Mitchell Law Review
Review of Minnesota Rag: Corruption, Yellow Journalism, and the Case That Saved Freedom of the Press. By Fred W. Friendly. University of Minnesota Press, 2003. 264 pages. $16.95.
Essay: Recent Developments In Minnesota Dram Shop Law, Christopher E. Celichowski, Michael T. Johnson
Essay: Recent Developments In Minnesota Dram Shop Law, Christopher E. Celichowski, Michael T. Johnson
William Mitchell Law Review
Minnesota's Civil Damages Act is a creature of statute without counterpart in common law. The Act, referred to as the “Dram Shop Act,” is highly penal in nature and is intended to provide remedies for damages attributable to commercial lenders' illegal sale of intoxicating liquors. Since the Act's inception more than ninety-two years ago, Minnesota courts traditionally have construed it in a strict fashion. Over its long evolution, the “duet” of legislative action and court interpretation served to clarify several ambiguities within the Act. Despite precise and oftentimes circumstantial application, certain ambiguities remain. The following article will--in the context of …
Erlandson V. Kiffmeyer: Minnesota’S Absentee Voting Laws Following The Sudden Death Of Incumbent Candidate Paul Wellstone, Elizabeth M. Brama
Erlandson V. Kiffmeyer: Minnesota’S Absentee Voting Laws Following The Sudden Death Of Incumbent Candidate Paul Wellstone, Elizabeth M. Brama
William Mitchell Law Review
This article addresses the legal and practical effects of Senator Wellstone's death and the court's absentee ballot decision in Erlandson v. Kiffmeyer. Part II discusses other, surprisingly common, instances when a candidate has died or withdrawn close to an election, and examines Minnesota's approach to pre-election vacancies. Part III explores the Erlandson decision and the facts giving rise to it. Part IV then analyzes the court's decision and the legislature's reaction to it. Finally, Part V concludes that if the state has an acknowledged goal of enfranchising absentee voters even after an unexpected, catastrophic event, then state law must be …
The Quicksands Of Originalism: Interpreting Minnesota’S Constitutional Past, Douglas A. Hedin
The Quicksands Of Originalism: Interpreting Minnesota’S Constitutional Past, Douglas A. Hedin
William Mitchell Law Review
There are several varieties of the “originalist” school of constitutional thought, but all subscribe in one degree or another to the belief that a constitutional clause should be interpreted according to its original meaning or the original intent of its authors. That original understanding or intent can be discerned from the text of the clause, the history of its drafting and ratification and, sometimes, early practices and court decisions interpreting that clause. It rightly has been called a “grand theory” because it is simple and clear, explains so much, and it has the almost irresistible attraction of being anchored firmly …
The Healing Presence Of Clients In Law School, Angela Mccaffrey
The Healing Presence Of Clients In Law School, Angela Mccaffrey
William Mitchell Law Review
William Mitchell College of Law is celebrating the thirtieth anniversary of the Law Clinic. As a beneficiary of clinical legal education at William Mitchell, I write this essay to reflect on the value of clinical legal education to law students, to the clients served, and to the community at large. In my view, clinical legal education is timeless--as valuable to law students today as it was thirty years ago when William Mitchell started its first clinic. Although many things combine to make clinical education valuable, three aspects are particularly noteworthy. First, clinics give law students the chance to represent clients …
Minnesota And The American Rule: The Recoverability Of Attorneys’ Fees Following In Re Silicone Implant Insurance Coverage Litigation, John M. Bjorkman
Minnesota And The American Rule: The Recoverability Of Attorneys’ Fees Following In Re Silicone Implant Insurance Coverage Litigation, John M. Bjorkman
William Mitchell Law Review
In the United States, a successful litigant is generally not entitled to recover attorneys' fees from the opposing party absent specific statutory or contractual authorization. This basic principle is commonly referred to as the American Rule. Minnesota recognized and adopted the American Rule roughly 125 years ago. A limited number of exceptions to this longstanding rule exist, but Minnesota courts have generally been reluctant to expand or add to these exceptions. In Minnesota, an exception to the American Rule exists for fees incurred in a declaratory action to establish insurance coverage but only if the insurer has breached its duty …
Clinical Reflections: Looking Ahead Toward The Past, Roger S. Haydock
Clinical Reflections: Looking Ahead Toward The Past, Roger S. Haydock
William Mitchell Law Review
What were we planning? What were we thinking? What were we daring to do? Oh, so many questions and answers for everything, or so we surmised. Are we any wiser three decades after we thought we knew what we were doing? And, another question, who were the “we”? The real hope in looking back is to help illuminate, a bit, the future for legal education. Recreating time past--and training students to recreate time past for clients in court and hearing rooms--is what helped propel many of us into legal academia. Predicting the future--and helping law professors predict the future--is what …
Illegitimate Children’S Rights In Probate Proceedings—In Re Estate Of James A. Palmer, Deceased, Robert A. Mcleod
Illegitimate Children’S Rights In Probate Proceedings—In Re Estate Of James A. Palmer, Deceased, Robert A. Mcleod
William Mitchell Law Review
The transfer of a person's assets after death has been an important element in the law beginning with the Magna Carta, and is firmly rooted in American jurisprudence. Defining children and heirs for probate purposes remains a difficult issue. In particular, the determination of children and heirs in an age when the birth of “illegitimate” children is common makes the proper and just determination of heirship a recurring and timely topic. The Minnesota Probate Code defines the term “child” and provides: “a person is the child of the person's parents regardless of the marital status of the parents and the …
Essay: Jurisdiction In Family Law Matters: The Minnesota Perspective, Robert E. Oliphant
Essay: Jurisdiction In Family Law Matters: The Minnesota Perspective, Robert E. Oliphant
William Mitchell Law Review
This article adds to the growing library of analysis and commentary on Minnesota family law. It surveys, reviews, analyzes, and comments on the decisions of Minnesota's appellate courts in the sometimes challenging and always interesting areas of subject matter and personal jurisdiction. The article examines many of the more common issues associated with jurisdiction that impact Minnesota family law in the areas of child support, custody, property division, maintenance, and paternity. It investigates the jurisdictional questions involved when applying Minnesota's long-arm statute and weighs the potential constitutional barriers to its application. It also examines relevant provisions of the Parental Kidnapping …
Aiding The Iraq Debate?, Jeffrey D. Gram
Aiding The Iraq Debate?, Jeffrey D. Gram
William Mitchell Law Review
Review of The War Over Iraq: Saddam's Tyranny and America's Mission. By Lawrence F. Kaplan and William Kristol. Encounter Books, 2003. 125 pages. $25.95.
The Law School Clinic As A Model Ethical Law Office, Peter A. Joy
The Law School Clinic As A Model Ethical Law Office, Peter A. Joy
William Mitchell Law Review
In this essay, I contend that all clinical teachers should explicitly acknowledge that they are legal ethics and professional responsibility teachers and role models of the “good lawyer” in everything they do. I argue that every in-house clinical teacher should strive to make her clinic a model ethical law office.
Contracts—Beating Them At Their Own Game: The Business Risk Doctrine And The Broadening Coverage Of Commercial General Liability Insurance—Thommes V. Milwaukee Insurance Co., Katherine J. Solon
Contracts—Beating Them At Their Own Game: The Business Risk Doctrine And The Broadening Coverage Of Commercial General Liability Insurance—Thommes V. Milwaukee Insurance Co., Katherine J. Solon
William Mitchell Law Review
This note first examines the theory behind the business risk doctrine in analyzing CGL insurance. It then details the supreme court's holding in Thommes, followed by an analysis of that decision. Finally, the note concludes that, whatever problems may exist, the court has devised a manageable approach to CGL insurance coverage.
Criminal Law—The Restraint Of Common Sense, Not Violent Abusers: The Minnesota Supreme Court’S Misguided Analysis In State V. Colvin, Marc M. Schifalacqua
Criminal Law—The Restraint Of Common Sense, Not Violent Abusers: The Minnesota Supreme Court’S Misguided Analysis In State V. Colvin, Marc M. Schifalacqua
William Mitchell Law Review
This case note explores the history of protective orders both around the country and in Minnesota. It analyzes the law of burglary and its recent interaction with OFP violations in Minnesota, and then summarizes the Colvin case's facts, procedural history, and Minnesota Supreme Court decision. Subsequently, this note criticizes the court's decision amid its apparent misapplication of the trial court record and relevant law. Finally, the note analyzes Colorado's approach to the issue of whether an OFP violation can satisfy the predicate crime requirement of burglary.
Legal Scholarship For Equal Justice: Summary Of Panel Discussion, Sam Magavern
Legal Scholarship For Equal Justice: Summary Of Panel Discussion, Sam Magavern
William Mitchell Law Review
In 2002, a group of professors, deans, equal justice practitioners, and a Minnesota Supreme Court justice formed a Legal Scholarship for Equal Justice committee (LSEJ) to explore ways to link the work of professors and students to the equal justice issues faced by the bench and bar in our state. Since then, LSEJ has become a formal project of the Minnesota Justice Foundation, a nonprofit group that works at the four Minnesota law schools to integrate public service into the law school experience. So far, LSEJ has created an issues list, a class, and an annual symposium. The issues list …
Unlawful Discrimination Or A Necessity For A Fair Trial?: Exclusion Of A Law Clerk With A Disability From The Courtroom During Jury Trial Of A Personal Injury Case, Luther A. Granquist
Unlawful Discrimination Or A Necessity For A Fair Trial?: Exclusion Of A Law Clerk With A Disability From The Courtroom During Jury Trial Of A Personal Injury Case, Luther A. Granquist
William Mitchell Law Review
Today, the judicial system, broadly viewed to include bench and bar, jurors, and court personnel, includes more persons of color and more women than ever before. Issues of discrimination on the basis of race and gender continue, but progress has been made. However, few persons with evident disabilities practice law or sit on the bench. Perhaps that is why the very presence of a man with serious disabilities prompts concerns about the effect that he will have, just being there, on the outcome of a case. When more persons with evident disabilities, more persons who use wheelchairs or have personal …
Property Law—Minnesota’S Lake Shore Property Owners Without Road Access Find Themselves Up A Creek Without A Paddle—In Re Daniel For The Establishment Of A Cartway, Kirstin Kanski
William Mitchell Law Review
Minnesotans have always taken pride in the vast rivers and lakes intricately woven throughout the state. This land-water mosaic has always been integral to state development. Yet regardless of how vital Minnesota's lakes are considered to be, the law must keep apace with the dynamic and innovative society it serves. Today, the typical Minnesotan thinks in terms of driving to work, not rowing. The Daniel decision thus renders Minnesota's cartway statute obsolete due to modern modes of transportation. In examining the Daniel decision, this case note begins with the historical development of Minnesota's cartway legislation and an overview of the …