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Mitchell Hamline School of Law

2016

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Articles 1 - 30 of 74

Full-Text Articles in Law

Going Against The Grain Of The Status Quo: Hopeful Reformations To Sex Offender Civil Commitment In Minnesota—Karsjens V. Jesson, Joanna Woolman, Jennifer K. Anderson Jul 2016

Going Against The Grain Of The Status Quo: Hopeful Reformations To Sex Offender Civil Commitment In Minnesota—Karsjens V. Jesson, Joanna Woolman, Jennifer K. Anderson

Mitchell Hamline Law Review

No abstract provided.


Surface Waters And Farmers: Sharing Land Management With The Federal Government, Charles M. Carvell, Jennifer L. Verleger Jul 2016

Surface Waters And Farmers: Sharing Land Management With The Federal Government, Charles M. Carvell, Jennifer L. Verleger

Mitchell Hamline Law Review

No abstract provided.


Cartways—An Ancient Relic Disturbing Today's Rural Landscape?, Sarah R. Jewell Jul 2016

Cartways—An Ancient Relic Disturbing Today's Rural Landscape?, Sarah R. Jewell

Mitchell Hamline Law Review

No abstract provided.


The Staab Saga: The Nonparty, Joint And Several Liability, And Loss Reallocation In The Minnesota Comparative Fault Act, Mike Steenson Jul 2016

The Staab Saga: The Nonparty, Joint And Several Liability, And Loss Reallocation In The Minnesota Comparative Fault Act, Mike Steenson

Mitchell Hamline Law Review

No abstract provided.


Rural Justice In North Dakota, Kathyrn R.L. Rand, Joseph A. Wetch, Gail Hagerty, Tony J. Weiler Jul 2016

Rural Justice In North Dakota, Kathyrn R.L. Rand, Joseph A. Wetch, Gail Hagerty, Tony J. Weiler

Mitchell Hamline Law Review

No abstract provided.


Transgressions Of A Timid Judiciary: Our Highest Court's Refusal To Overturn Abood V. Board Of Education—Harris V. Quinn, Joe E. Ling Jul 2016

Transgressions Of A Timid Judiciary: Our Highest Court's Refusal To Overturn Abood V. Board Of Education—Harris V. Quinn, Joe E. Ling

Mitchell Hamline Law Review

No abstract provided.


Uncle Sam Is Watching You: A Recommendation For Minnesota Legislation Regarding Police Drone Use, Joe R. Paquette Jul 2016

Uncle Sam Is Watching You: A Recommendation For Minnesota Legislation Regarding Police Drone Use, Joe R. Paquette

Mitchell Hamline Law Review

No abstract provided.


#Rule23 #Classaction #Notice: Using Social Media, Text Messaging, And Other New Communications Technology For Class Action Notice And Returning To Rule 23(C)(2)(B)'S "Best Notice Practicable" Standard, Elizabeth M.C. Scheibel Jul 2016

#Rule23 #Classaction #Notice: Using Social Media, Text Messaging, And Other New Communications Technology For Class Action Notice And Returning To Rule 23(C)(2)(B)'S "Best Notice Practicable" Standard, Elizabeth M.C. Scheibel

Mitchell Hamline Law Review

No abstract provided.


This Land Is Not For Sale, Derrick Braaten Jul 2016

This Land Is Not For Sale, Derrick Braaten

Mitchell Hamline Law Review

No abstract provided.


Big Fish, Small Sea: Big Companies In Small Towns, Christyne J. Vachon Jul 2016

Big Fish, Small Sea: Big Companies In Small Towns, Christyne J. Vachon

Mitchell Hamline Law Review

No abstract provided.


Practical Islamic Estate Planning: A Short Primer, Imani Jaafar Jun 2016

Practical Islamic Estate Planning: A Short Primer, Imani Jaafar

Mitchell Hamline Law Review

No abstract provided.


Criminal And Adult Protection Financial Exploitation Laws In The United States: How Do The Statutes Measure Up To Existing Research?, Kevin E. Hansen, Jonathan Hampel, Sandra L. Reynolds, Iris C. Freeman Jun 2016

Criminal And Adult Protection Financial Exploitation Laws In The United States: How Do The Statutes Measure Up To Existing Research?, Kevin E. Hansen, Jonathan Hampel, Sandra L. Reynolds, Iris C. Freeman

Mitchell Hamline Law Review

No abstract provided.


Sending The Wrong Message: The Current State Of Minnesota Law Raises Multiple Barriers To Meaningful Resolution For Our Elder Population When Bringing Medical Malpractice Claims, Suzanne M. Scheller Jun 2016

Sending The Wrong Message: The Current State Of Minnesota Law Raises Multiple Barriers To Meaningful Resolution For Our Elder Population When Bringing Medical Malpractice Claims, Suzanne M. Scheller

Mitchell Hamline Law Review

No abstract provided.


Able Act Accounts: Achieving A Better Life Experience For Individuals With Disabilities With Tax-Preferred Savings (And The Old Reliable Special And Supplemental Needs Trusts), David A. Rephan, Joelle Groshek Jun 2016

Able Act Accounts: Achieving A Better Life Experience For Individuals With Disabilities With Tax-Preferred Savings (And The Old Reliable Special And Supplemental Needs Trusts), David A. Rephan, Joelle Groshek

Mitchell Hamline Law Review

No abstract provided.


The New Minnesota Trust Code: Out With (Most Of) The Old And In With (Most Of) The Utc, Jennifer A. Maas Jun 2016

The New Minnesota Trust Code: Out With (Most Of) The Old And In With (Most Of) The Utc, Jennifer A. Maas

Mitchell Hamline Law Review

No abstract provided.


The Practice Of Elder Law, Stuart C. Bear Jun 2016

The Practice Of Elder Law, Stuart C. Bear

Mitchell Hamline Law Review

No abstract provided.


Person-Centered Guardianship: How The Rise Of Supported Decision-Making And Person-Centered Services Can Help Olmstead's Promise Get Here Faster, Sean Burke Jun 2016

Person-Centered Guardianship: How The Rise Of Supported Decision-Making And Person-Centered Services Can Help Olmstead's Promise Get Here Faster, Sean Burke

Mitchell Hamline Law Review

No abstract provided.


A Call To Cultivate The Public Interest: Beyond Pro Bono, Ann Juergens, Diane Galatowitsch Jan 2016

A Call To Cultivate The Public Interest: Beyond Pro Bono, Ann Juergens, Diane Galatowitsch

Faculty Scholarship

This essay asserts that incorporation of the public's interests in lawyers' daily work is an essential responsibility of the profession. The Preamble to the Model Rules of Professional Conduct frames this lawyers' duty as that of a "public citizen having special responsibility for the quality of justice." Yet the modem legal profession has reduced "public interest" practice to work that is done for no or almost no fee. The transformation of lawyer from public citizen to servant of mostly private interests has taken place over the last thirty-five years, following the legal profession's embrace of pro bono work by volunteer …


Uncovering And Deconstructing The Binary: Teaching (And Learning) Critical Reflection In Clinic And Beyond, Carolyn Grose Jan 2016

Uncovering And Deconstructing The Binary: Teaching (And Learning) Critical Reflection In Clinic And Beyond, Carolyn Grose

Faculty Scholarship

For me as a clinical teacher, the stalemate that so often emerges in our ongoing national conversations about things like abortion and gun control has provided new ways to think about the value of clinical teaching methodologies. The contours and contexts of the debates around abortion and gun control shift from year to year - when I started writing this, Sandy Hook and "legitimate rape" were fresh on everyone's minds. Today, we mourn Michael Brown and the massacre in Charleston, and we rail against Hobby Lobby. Despite the shifting characters, however, these debates remain a constant presence in our national …


The New Minnesota Llc Act: Flexibility And Control For Minnesota Business Owners, Leanne Fuith Jan 2016

The New Minnesota Llc Act: Flexibility And Control For Minnesota Business Owners, Leanne Fuith

Journal of Law and Practice

No abstract provided.


Minnesota Comparative Fault—Statutory Reform, Mike Steenson Jan 2016

Minnesota Comparative Fault—Statutory Reform, Mike Steenson

Journal of Law and Practice

No abstract provided.


A Practitioner's Guide To Minnesota New Best Interest Factors, Michael P. Boulette Jan 2016

A Practitioner's Guide To Minnesota New Best Interest Factors, Michael P. Boulette

Journal of Law and Practice

No abstract provided.


Picasso On Staff: Employee Classification, Copyrights, And The Creative Process, Sarah A. Howes Jan 2016

Picasso On Staff: Employee Classification, Copyrights, And The Creative Process, Sarah A. Howes

Cybaris®

No abstract provided.


Promise And Peril: Doctrinally Permissible Options For Calibrating Procedures Through Contract,, Henry Allen Blair Jan 2016

Promise And Peril: Doctrinally Permissible Options For Calibrating Procedures Through Contract,, Henry Allen Blair

Faculty Scholarship

For a long time, arbitration was the only game in town for parties who wanted more flexibility in the adjudication of their disputes. They faced a dichotomous choice between accepting the public court system and its attendant procedural rules or opting out entirely and resolving their disputes in arbitration. Private process, however, "has migrated in surprising ways into the public courts: despite public rules of procedure, judicial decisions increasingly are based on rules of procedure drafted by the parties . . . ." This sort of private procedural ordering gives parties the ability to unbundle the off-the-rack procedures applied in …


Constitutional Law: Hey, That's My Trash! Warrantless Searches Of Garbage Under The Minnesota Constitution—State V. Mcmurray, Lauren M. Hoglund Jan 2016

Constitutional Law: Hey, That's My Trash! Warrantless Searches Of Garbage Under The Minnesota Constitution—State V. Mcmurray, Lauren M. Hoglund

Mitchell Hamline Law Review

No abstract provided.


Work Drive Matters: An Assessment Of The Relationship Between Law Students' Work-Related Preferences And Academic Performance, Jeffrey J. Minneti Jan 2016

Work Drive Matters: An Assessment Of The Relationship Between Law Students' Work-Related Preferences And Academic Performance, Jeffrey J. Minneti

Mitchell Hamline Law Review

No abstract provided.


Creative Equity: A Practical Approach To The Actor's Copyright, Sarah Howes Jan 2016

Creative Equity: A Practical Approach To The Actor's Copyright, Sarah Howes

Mitchell Hamline Law Review

No abstract provided.


Understanding Offenders With Serious Mental Illness In The Criminal Justice System, Jillian Peterson, Kevin Heinz Jan 2016

Understanding Offenders With Serious Mental Illness In The Criminal Justice System, Jillian Peterson, Kevin Heinz

Mitchell Hamline Law Review

No abstract provided.


Enabling The Disabled: A Proposed Framework To Reduce Discrimination Against Forensic Disability Clients Requiring Access To Programs In Prison, Astrid Birgden Jan 2016

Enabling The Disabled: A Proposed Framework To Reduce Discrimination Against Forensic Disability Clients Requiring Access To Programs In Prison, Astrid Birgden

Mitchell Hamline Law Review

No abstract provided.


Resolving Divisive Social Issues: A Case Study Of The Minnesota Child Custody Dialogue, Mariah Levison Jan 2016

Resolving Divisive Social Issues: A Case Study Of The Minnesota Child Custody Dialogue, Mariah Levison

Mitchell Hamline Law Review

No abstract provided.