Law Commons^™

Meatspace, The Internet, And The Cloud: How Changes In Document Storage And Transfer Can Affect Ip Rights, Sharon Sandeen

Faculty Scholarship

This article discusses the intellectual property issues from "meatspace" to online services and the Internet. It further explores intellectual property issues from the Internet to the Cloud. Finally, it discusses the implications of cloud computing for trade secret protection.

Limiting Liberty To Prevent Obesity: Justifiability Of Strong Hard Paternalism In Public Health Regulation, Thaddeus Mason Pope

Faculty Scholarship

Because of the largely self-regarding nature of obesity, many current and proposed public health regulatory measures are paternalistic. That is, these measures interfere with a person’s liberty with the primary goal of improving that person’s own welfare.

Paternalistic public health measures may be effective in reducing obesity. They may even be the only sufficiently effective type of regulation. But many commentators argue that paternalistic public health measures are not politically viable enough to get enacted. After all, paternalism is repugnant in our individualistic culture. It is "wrong" for the government to limit our liberty for our own good.

In this …

The Future Of Medicaid Supplemental Payments: Can They Promote Patient-Centered Care?, Laura Hermer, Merle Lenihan

Faculty Scholarship

Supplemental Medicaid payments such as DSH and UPL are the exception to the financing of specific services to specific patients. Medicaid DSH funds currently finance over 30 percent of hospital care to the uninsured. As a result of the Affordable Care Act (ACA), DSH funds will be substantially reduced. At the same time, their importance will be heightened, especially in states that refuse to take up the ACA’s Medicaid expansion. DSH payments to hospitals have been plagued by a lack of accountability and transparency and an inability to assess whether patients benefit from such payments. Flexibility in the DSH program …

Sulfide Mining In Northern Minnesota: A Review Of Possible Legal Recourse For Environmental Harm To Individuals, Jamison L. Tessneer

Journal of Law and Practice

No abstract provided.

Retaining The Scarlet Letter: The Tension Between Branch Powers, Law, And Equity With Inherent Authority Expungement—State V. M.D.T., Robert C. Whipps

Journal of Law and Practice

No abstract provided.

Tribute To Justice Rosalie Wahl, Donovan W. Frank

William Mitchell Law Review

No abstract provided.

Tribute To Justice Rosalie Wahl, Eric J. Magnuson

William Mitchell Law Review

No abstract provided.

Tribute To Justice Rosalie Wahl, Sharon Sayles Belton

William Mitchell Law Review

No abstract provided.

The Unfulfilled Promise Of Law Schools To Prepare Students For The Practice Of Law: An Empirical Study Demonstrating The Effectiveness Of General Law School Curriculum In Preparing Lawyers For The Practice Of Law, John Sonsteng, Leigha Lattner, Emily Parks, David Camarotto

William Mitchell Law Review

No abstract provided.

Empowering The Consumer: A Discussion On Minnesota's Dual Agency Statute And A Proposed Solution That Puts The Consumer First, Micheal Fleming

Student Scholarship

Many Americans across this county strive to achieve the dream of home ownership. The obstacles that stand in the way of achieving that dream can be staggering and unique to the persons pursuing home ownership. To a certain extent, it is expected that there be some proverbial hoops of fire to jump through before finally turning that key to a new home. What the consumer does not expect is to find a statutory scheme that creates unnecessary obstacles, such as a broker with a divided loyalty and information barriers, at the expense of the public. This statutory scheme is enshrined …

Aligning Incentives In Accountable Care Organizations: The Role Of Medical Malpractice Reform, Laura Hermer

Faculty Scholarship

The Patient Protection and Affordable Care Act (ACA) encourages physicians, hospitals, and other health care providers to deliver better coordinated, high-quality care through the institution of the Medicare Shared Savings Program. Many physicians and other providers moved quickly after the ACA was enacted to enter into arrangements that would allow them to take advantage of the MSSP and similar programs sponsored by private insurers that likely would — and did — arrive on the MSSP’s heels.

Yet despite the initial enthusiasm, it is by no means clear that ACOs will succeed, whether individually or in the greater goal of changing …

On The Uneasy Relationship Between Medicaid And Charity Care, Laura D. Hermer, Merle Lenihan

Faculty Scholarship

Medicaid and charity care have a lengthy relationship fraught with complications. These complications will remain and in some respects become even more acute following the implementation of the Patient Protection and Affordable Care Act.

This article focuses on the uneasy relationship between Medicaid and charity care, one that becomes particularly acute in the context of Medicaid reimbursement. It traces the lineage of Medicaid in charity, and uses Medicaid reimbursement and supplemental payments as lenses through which to examine the relationship between Medicaid and charity care. The tension that we uncover will need to be resolved if Medicaid is to come …

Lost In The Cloud: Information Flows And The Implications Of Cloud Computing For Trade Secret Protection, Sharon Sandeen

Faculty Scholarship

As has been noted elsewhere, the advent of digital technology and the Internet has greatly increased the risk that a company’s trade secrets will be lost through the inadvertent or intentional distribution of such secrets. The advent of cloud computing adds another dimension to this risk by placing actual or potential trade secrets in the hands of a third-party: the cloud computing service. This article explores the legal and practical implications of cloud computing as they relate to trade secret protection.

While there are many types of cloud computing services, this article focuses on cloud-based services that offer businesses the …

Twenty-Five Years Of Law And Religion Scholarship: Some Reflections, Marie Failinger

Faculty Scholarship

In this address, the author describes some of the significant movements in law and religion scholarship over the past twenty-five years, including the dialogue between traditional church-state and international human rights scholars and outside scholars, including those writing from within American minority faith traditions.

Mediator Ethical Breaches: Implications For Public Policy, Sharon Press

Faculty Scholarship

Court-connected mediation, which includes both court mandated and court encouraged mediation, has become a well-established part of the judicial system in the United States. There are many public policy implications of this phenomenon. These include the underlying goals of the development of court-connection mediation and the responsibility to the public once a court-connected mediation program is established to ensure that the public has access to quality providers of mediation services. Once a court-connected mediation program has established qualifications and ethical standards for mediators, there is a public policy obligation for there also to be a mechanism to educate, reprimand or …

The Digital Death Conundrum: How Federal And State Laws Prevent Fiduciaries From Managing Digital Property, Christina L. Kunz, Damien A. Riehl, James D. Lamm, Peter J. Rademacher

Faculty Scholarship

This article discusses four types of fiduciaries, each of which is affected by the vast growth in and the need to manage digital property. The article begins by defining digital property and discussing why it must be managed. The article then discusses how digital property affects powers of attorney, conservatorships, probate administration, and trusts. After illustrating the problems that digital property creates for each fiduciary, the article shifts to resolving these problems. It begins by debunking purported solutions by both private and governmental entities. It concludes by offering a holistic approach to resolving the conflicts facing account holders, fiduciaries, and …

William Mitchell College Of Law's Hybrid Program For J.D. Study: Answering The Call For Innovation, Eric S. Janus, Gregory M. Duhl, Simon Canick

Faculty Scholarship

In January 2015, William Mitchell College of Law will launch the first American Bar Association (ABA)-approved, on-campus/ online J.D. program to further the college's mission: to provide accessible, experiential, rigorous training for tomorrow's lawyers. Known as the hybrid program, it will offer a legal education to talented, hard-working students who cannot access a traditional J.D. program because of location or family or work commitments. In this article, we explain the origins and pedagogical foundations of the program, as well as give an overview of the program.

The Growing Power Of Healthcare Ethics Committees Heightens Due Process Concerns, Thaddeus Mason Pope

Faculty Scholarship

Complex ethical situations, such as end-of-life medical treatment disputes, occur on a regular basis in healthcare settings. Healthcare ethics committees (HECs) have been a leading dispute resolution forum for many of these conflicts. But while the function of HECs has evolved from mediation to adjudication, the form of HECs has not evolved to adapt to this expanded and more consequential function.

HECs are typically multidisciplinary groups comprised of representatives from different departments of the healthcare facility: medicine, nursing, law, pastoral care, and social work, for example. HECs were established to support and advise patients, families, and caregivers as they work …

Barnacles, Aristocracy And Truth Denial: Three Not So Beautiful Aspects Of Contemporary Mediation, James Coben

Faculty Scholarship

In this article, I examine the themes of self-determination, mediator neutrality, and party empowerment by exploring three separate topics: barnacles, aristocracy and truth denial.

The first topic, barnacles, refers to the surprising and myriad number of ways that mediation has fully integrated (insinuated) itself into the U.S. litigation system. Institutionalization, some might argue, is "beautiful;" indeed, widespread, systematic use of mediation is often offered evidence of success. But I want to explore a different perspective on the same development-how institutionalization leads to rule exploitation and spawns its own unique litigation ironies. The second topic, aristocracy, refers to the documentation and …

Rationalizing Home And Community-Based Services Under Medicaid, Laura Hermer

Faculty Scholarship

This article examines efforts states are making to expand access to community-based services for elderly and disabled Medicaid beneficiaries and suggests several options that might improve such access nationally. Like much of Medicaid, Medicaid long term services and supports (LTSS) have developed through a complex process of accretion. Policymakers appear only rarely to have considered an overarching view of such services and the needs of those who require them. Rationalizing Medicaid LTSS will accordingly require not only additions but also substantial pruning, and may even warrant a reconsideration of who should have ultimate authority to develop and direct such services. …

Balancing Between Two Worlds: A Dakota Woman’S Reflections On Being A Law Professor, Angelique Eaglewoman

Faculty Scholarship

There were many paths I considered as a young woman and none of them included becoming a law professor. My journey to my present life as a Dakota woman law professor is about balancing between the worlds I travel back and forth in. There is my tribal world, where I feel replenished and part of an on-going community experience stretching back to time immemorial. I feel that I am part of an unfolding history of endurance, strong Native women, and a participant in sustaining our traditional Native ways. On the other hand, there is the non-Indian world, where I often …

Intellectual Asset Management At The Speed Of Business, Susan Prohofsky Krelitz, Alex Sellke

Cybaris®

No abstract provided.

Tribute To Justice Rosalie Wahl, Harriet Lansing

William Mitchell Law Review

No abstract provided.

The Ol’ Perfesser’S Guide For The First-Year Law Student, Douglas Heidenreich

William Mitchell Law Review

No abstract provided.

Driving Privilege Cards For Undocumented Minnesotans: Addressing Constitutional Concerns And Promoting Public Safety, Lindsey R. Wheeler

William Mitchell Law Review

No abstract provided.

Transgender Youth In Public Schools: Why Identity Matters In The Restroom, Jennifer Johnson

William Mitchell Law Review

No abstract provided.

Tribute To Justice Rosalie Wahl, Eric S. Janus

William Mitchell Law Review

No abstract provided.

Ascending The Intellectual Property Management Pyramid, Harry J. Gwinnell, Katherine S. Boyle

Cybaris®

No abstract provided.