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Articles 1 - 18 of 18
Full-Text Articles in Law
Contempt Power And The United States Courts, Joshua Carback
Contempt Power And The United States Courts, Joshua Carback
Mitchell Hamline Law Journal of Public Policy and Practice
Contempt power is one of the most important legacies of English common law in federal common law. Substantively, the contempt power of the United States Courts is relatively similar to that employed by the Court of King’s Bench in the eighteenth century. Procedurally, however, it is quite different. The Rules Enabling Act of 1934 created an interbranch framework for crafting procedural rules for the United States Courts. All three branches of the federal government collaborated under that framework with the intention of rationalizing, systemizing, and delimiting the boundaries of contempt power. The culmination of decades of strenuous rulemaking, unfortunately, was …
The Other Bar Hurdle: An Examination Of The Character And Fitness Requirement For Bar Admission, David L. Hudson Jr., Andrea Gemignani
The Other Bar Hurdle: An Examination Of The Character And Fitness Requirement For Bar Admission, David L. Hudson Jr., Andrea Gemignani
Mitchell Hamline Law Review
No abstract provided.
How #Freebritney Exposes The Need To Disable The Model Rules Of Professional Conduct, Heather Swadley
How #Freebritney Exposes The Need To Disable The Model Rules Of Professional Conduct, Heather Swadley
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Common Interest Doctrine In Ip Transactions, John C. Reich, Sangki Park
Common Interest Doctrine In Ip Transactions, John C. Reich, Sangki Park
Cybaris®
No abstract provided.
Contracts: An Eight-Factor Test For Quantum Meruit Compensation For A Dismissed Contingency Fee Counsel—Faricy Law Firm, P.A. V. Api, Inc. Asbestos Settlement Trust, 912 N.W.2d 652 (Minn. 2018), Mitch Ohiwa
Mitchell Hamline Law Review
No abstract provided.
Torts: Missing The Forest For The Factors—Frederick V. Wallerich, 907 N.W.2d 167 (Minn. 2018), Michelle Gibbons
Torts: Missing The Forest For The Factors—Frederick V. Wallerich, 907 N.W.2d 167 (Minn. 2018), Michelle Gibbons
Mitchell Hamline Law Review
No abstract provided.
Federal Court Special Masters: A Vital Resource In The Era Of Complex Litigation, Mark A. Fellows, Roger S. Haydock
Federal Court Special Masters: A Vital Resource In The Era Of Complex Litigation, Mark A. Fellows, Roger S. Haydock
William Mitchell Law Review
This article is dedicated to all those who have served as special masters in federal court. After serving as a judicial master, it is easy to believe in the importance of the role in our grand system of justice. After reading this article, we hope it will be clear how vital masters are to everyone receiving fair, just, and expedient civil justice.
Special Masters In State Court Complex Litigation: An Available And Underused Case Management Tool, Lynn Jokela, David F. Herr
Special Masters In State Court Complex Litigation: An Available And Underused Case Management Tool, Lynn Jokela, David F. Herr
William Mitchell Law Review
This article examines the role masters have played in litigation and explores the benefits that might be obtained from the greater use of masters in the future. The FJC survey of federal judges appointing special masters concluded that special masters were “extremely or very effective.” The FJC study is an empirical survey of the effectiveness of special masters, and it includes commentary from judges regarding their experience after appointing special masters. These benefits include better, faster, and fairer resolution of litigation in the cases in which masters are used, as well as an easing of the burdens these cases place …
2004 Special Masters Conference: Transcript Of Proceedings, Various Special Masters
2004 Special Masters Conference: Transcript Of Proceedings, Various Special Masters
William Mitchell Law Review
A historic gathering of special masters occurred on October 15th and 16th, 2004 in Saint Paul, Minnesota. Federal and state court-appointed masters from around the country met for the first time to share their experiences as special masters and to form a national association of court appointed masters. This issue of the William Mitchell Law Review contains articles presented at the conference and the transcript of faculty presentations. Throughout the transcript of faculty presentations, the word “speaker” denotes a conference attendee.
Note: Exclusive Licensing Of Dna Diagnostics: Is There A Negative Effect On Quantity And Quality Of Healthcare Delivery That Compels Nih Rulemaking?, Edward Weck
William Mitchell Law Review
This comment surveys the costs of deoxyribonucleic acid (DNA) diagnostic tests and argues in favor of non-exclusive licensing as a means to provide broad access to affordable DNA diagnostic testing. Part II provides background information on genetic testing, patenting genes as applied to genetic testing, the Bayh-Dole Act, and technology transfer. In addition, Part II summarizes academic commentary regarding the implications of exclusive licensing for biotechnology. Scholars propose a number of solutions, including expanding the experimental use exception. Part III details proposed rulemaking for DNA diagnostics. Part IV reviews anecdotal examples of genetic testing for breast cancer, hereditary hemochromatosis, and …
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 …
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 …
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.
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 …
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 …
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.
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.
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 …