Law Commons^™

Medical Futility Statutes: No Safe Harbor To Unilaterally Refuse Life-Sustaining Treatment, Thaddeus Mason Pope

Faculty Scholarship

Over the past fifteen years, a majority of states have enacted medical futility statutes that permit a health care provider to refuse a patient's request for life-sustaining medical treatment. These statutes typically permit the provider to unilaterally stop LSMT where it would not provide significant benefit or would be contrary to generally accepted health care standards. But these safe harbors are vague and imprecise. Consequently, providers have been reluctant to utilize these medical futility statutes.

This uncertainty probably cannot be reduced. Consensus on substantive measures of medical inappropriateness has proven unachievable. Only a purely process-based approach like that outlined in …

A Moratorium On Intersex Surgeries?: Law, Science, Identity, And Bioethics At The Crossroads, Laura Hermer

Faculty Scholarship

Should the law prevent all parents and guardians from requesting and consenting to cosmetic genital surgeries on children with certain intersex conditions before the children are mature enough to decide the matter for themselves? While such surgeries ought not to be encouraged, banning the surgeries altogether, as some advocate, would hobble, if not eliminate, the burgeoning scientific investigation of the best treatment practices for different intersex conditions. It would also remove a surgical option that, according to data in a number of studies, has resulted in subjectively satisfactory outcomes for many patients.

Recovering The Face-To-Face In American Immigration Law, Marie Failinger

Faculty Scholarship

Professor Failinger’s article begins with stories of the Chinese Exclusion period and modern Arizona border immigration. Tracing Emmanuel Levinas’ argument about violence and totalization of the vulnerable Other as it is manifested in discriminatory legislation in these periods, she argues for a return to the Face-to-Face in deciding immigration requests for admission to the U.S. through a rubric of equitable guided discretion.

From Right To Wrong: A Critique Of The 2000 Uniform Parentage Act, Mary P. Byrn

Faculty Scholarship

In 1973, the National Conference of Commissioners on Uniform State Laws (the Conference) proposed a Uniform Parentage Act (UPA) that radically changed how parentage was determined in the United States. Prior to 1973, the parentage laws of most states failed to identify two legal parents for thousands of children merely because their parents were not married. These "illegitimate" children were considered a "child of no one" under the law and were denied the significant emotional, financial, and legal benefits of having two legal parents. By the early 1970s, however, the conference recognized that such treatment of children was becoming scientifically, …

Ten Questions: Responses Of John S. Baker, Jr., John S. Baker Jr.

William Mitchell Law Review

No abstract provided.

Ten Questions: Responses Of Lisa Graves, Lisa Graves

William Mitchell Law Review

No abstract provided.

Ten Questions: Responses Of Robert F. Turner, Robert F. Turner

William Mitchell Law Review

No abstract provided.

Is The Geneva Pow Convention "Quaint"?, R. J. Delahunty

William Mitchell Law Review

No abstract provided.

The Hamdan V. Rumsfeld Decision, Thomas F. Berndt, Josiah Ramsey Fricton, Alethea M. Huyser

William Mitchell Law Review

No abstract provided.

Minnesota's Moisty, Moldy Morass: A Comment On Construction Defect Claims In Minnesota, Terri A. Tersteeg

William Mitchell Law Review

No abstract provided.

Unenforceable Fiduciary Duty Limitations: Why Drafting Partnership Agreements Limiting The Duty To Disclose And Partnership Opportunity Is More Precarious After Triple Five Of Minnesota, Inc. V. Simon, Aaron Hall

William Mitchell Law Review

No abstract provided.

Confirming Arbitration Awards: Taking The Mystery Out Of A Summary Proceeding, Susan Wiens, Roger S. Haydock

William Mitchell Law Review

No abstract provided.

A Suspicionless Search And Seizure Quagmire: The Supreme Court Revives The Pretext Doctrine And Creates Another Fine Fourth Amendment Mess, Edwin J. Butterfoss

Faculty Scholarship

This Article contends the Supreme Court's use of a primary purpose test to regulate suspicionless searches and seizures by the government is misguided and will provide little or no protection against the evils that apparently led the Court to strike down recent schemes by government officials. The evil of the government schemes is less the purpose of the schemes than their expansion into areas and activities in which citizens should be protected from government intrusion in the absence of any suspicion of wrongdoing. Rather than facing this head on and carefully assessing whether the government schemes infringe on such areas …

Mediation Case Law Data Coding Sheet, James Coben, Peter Thompson

Mediation Case Law Data

No abstract provided.

Mediation Case Law Dataset 1999-2005, James Coben, Peter N. Thompson

Mediation Case Law Data

No abstract provided.

The Next Generation: The Revised Uniform Limited Liability Company Act, Daniel S. Kleinberger

Faculty Scholarship

In July, 2006, the National Conference of Commissioners on Uniform State Laws approved Re-ULLCA - the Revised Uniform Limited Liability Company Act. The product of a three-year drafting process, heavily influenced by 13 advisors appointed by the ABA, the new Act brings major innovations to the law of limited liability companies. This article, written by the two co-reporters for the drafting committee: (i) explains why the Conference decided to draft a new LLC statute, reviews the process through which the Conference produced and approved the new Act, and describes the Act's basic architecture; (ii) highlights the Act's major innovations; and …

How A Marriage Discrimination Amendment Would Disrespect Democracy In Minnesota, Anthony S. Winer

Faculty Scholarship

The proposed marriage discrimination amendment to the Minnesota Constitution is profoundly anti-democratic. It is extremely wide-ranging in its scope, it obliterates the opportunity of the LGBT community to legislatively advance its interests in the area, it falsely assumes characteristics of the state judiciary that do not in fact exist, and it is drafted with language that is particularly hostile to LGBT concerns and democracy in general. It was a triumph for reason and democracy that this amendment was defeated in 2006. It should never be introduced again. In the unfortunate event that it is introduced again, it should be resoundingly …

Fuzzy Logic And Corporate Governance Theories, Z. Jill Barclift

Faculty Scholarship

Fuzzy logic is a theory that categorizes concepts or things belonging to more than one group. A methodology that explains how things function in multiple groups (not fully in one group or another) offers advantages when one definition or membership in a group accounts for belonging to multiple groups. A principal/agent model of corporate governance has some characterizations of fuzzy logic theory. The purpose of this article it to evaluate other models of corporate governance that account for the multi-agent role of senior officers of public companies and assess the accountability to the corporation. Corporate governance theorists continue to debate …

A Home Of Its Own: The Role Of Poverty Law In Furthering Law Schools' Mission, Marie Failinger

Faculty Scholarship

This author argues that poverty advocates who are willing to carefully attend to their law school’s mission and vision, and to give careful thought to how poverty law may play an important role in achieving that vision, may win a more lasting place for poverty law in the curriculum than it has heretofore managed to achieve in most law schools. This article will argue that poverty law can be a key piece in the curriculum of law schools who define their mission, at least in part, as educating lawyers according to one of five paradigms: 1) lawyers as public citizens …

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

Faculty Scholarship

In Thornton v. United States, the United States Supreme Court applied the bright-line rule of New York v. Belton to uphold the search of containers in the passenger compartment of a car when the arresting officer made initial contact with the suspect alter the suspect had parked his car and started walking away. Justice Scalia concurred in the judgment but criticized the majority for relying on the bright-line rule of Belton to uphold the search, stating that the Court’s effort to apply the Belton rule stretched that doctrine "beyond its breaking point."

Justice Scalia found the search in Thornton lawful …

Agents Of The Good, Servants Of Evil: Harry Potter And The Law Of Agency, Daniel S. Kleinberger

Faculty Scholarship

No abstract provided.

Mediation At The End Of Life: Getting Beyond The Limits Of The Talking Cure, Thaddeus Mason Pope, Ellen A. Waldman

Faculty Scholarship

Mediation has been touted as the magic band-aid to solve end-of-life conflicts. When families and health care providers clash at the end of life, bioethicists and conflict theorists alike have seized upon mediation as the perfect procedural balm. Dissonant values, tragic choices, and roiling grief and loss would be confronted, managed, and soothed during the emotional alchemy of the mediation process. But what is happening in a significant subset of end-of-life disputes is not mediation as we traditionally understand it. Mediation's allure stems from its promise to excavate underlying needs and interests, identify common ground, and push disputants toward more …

Rethinking Medical Liability: A Challenge To Defense Lawyers, Trial Lawyers, Medical Providers, And Legislators: An Introduction To The Symposium, Thaddeus Pope

Faculty Scholarship

The 2007 University of Memphis Law Review Symposium, Rethinking Medical Liability: A Challenge for Defense Lawyers, Trial Lawyers, Medical Providers, and Legislators, was held on February 16, 2007, at the University of Memphis FedEx Institute of Technology in Memphis, Tennessee. The Symposium brought together scholars and practitioners to assess the traditional malpractice system and quality of care. Americans are engaged in an earnest and profound debate about how to improve and rethink medical liability and improve the quality of medical care. The Symposium presentations and the resulting articles in this issue not only advance the ongoing debate but also offer …

Race-Ing Patents/Patenting Race: An Emerging Political Geography Of Intellectual Property In Biotechnology, Jonathan Kahn

Faculty Scholarship

This article applies insights from critical race theory to examine an emerging phenomenon in biotechnology research and product development. The strategic use of race as a genetic category to obtain patent protection and drug approval. A dramatic rise in the use of race in biotechnology patents indicates that researchers and affiliated commercial enterprises are coming to see social categories of race as presenting opportunities for gaining, extending, or protecting monopoly market protection for an array of biotechnological products and services. Racialized patents are also providing the basis for similarly race-based clinical trial designs, drug development, capital raising and marketing strategies …

Ten Questions: Responses Of John Cary Sims, John Cary Sims

William Mitchell Law Review

No abstract provided.

Special Tactics For A Secret War

William Mitchell Law Review

No abstract provided.

This Call May Be Monitored: Is Nsa Wiretapping Legal?

William Mitchell Law Review

No abstract provided.

The Dark Side Of Counterterrorism

William Mitchell Law Review

No abstract provided.

The Balance Of Power: The Supreme Court's Decision On Military Commissions And The Competing Interests In The War On Terror, Josiah Ramsey Fricton

William Mitchell Law Review

No abstract provided.

Ghost Detainees: Does The Isolation And Interrogation Of Detainees Violate Common Article 3 Of The Geneva Conventions?, Thomas F. Berndt, Alethea M. Huyser

William Mitchell Law Review

No abstract provided.