Law Commons^™

Cyborgs And The Americans With Disabilities Act, Lou Colasanti

Student Scholarship

Medical technology is advancing at lightning speed with the potential to drastically benefit the disabled. These new technologies will result in humans who will use a wide array of assistive technologies and will likely be labelled as Cyborgs. Assistive technologies such as self-driving cars, robots, computer chip implants, insertable medical hardware, and exoskeletons are already well developed. The day is rapidly approaching when Cyborgs as a class will be large and influential. Critically, the Americans with Disabilities Act (ADA), the judges tasked with enforcing this legislation, and the legislature itself are all ill equipped to handle the speed of this …

From Healthcare To Hiring: Impacts Of Social And Public Policy On Disabled Veterans In The United States, Benjamin Michael Stoflet

Student Scholarship

The United States Government is struggling to fulfill commitments it has made to service members suffering from disabilities incurred during honorable service to the country. The Department of Veterans Affairs (VA) disability compensation structure, job training programs, and methods of alternative dispute resolution is a patchwork resulting from decades of legislation creating a system where veterans often become locked in a complicated and often combative process to obtain benefits they have earned. Employers, advocacy groups, academics, and federal officials agree that there are systematic issues within the VA negatively impacting disabled veterans. These include a lack of patient-centered care, divergent …

Transforming Minnesota's Early Care And Education Infrastructure, Nicole Frethem

Student Scholarship

In 2021, the Minnesota legislature authorized the Great Start for All task force to present recommendations for how the state can provide “access to affordable, high-quality early care and education that enriches, nurtures, and supports children and their families,” to “all families” in Minnesota.

The early care and education landscape in Minnesota has experienced dramatic changes in programming and investments over the last twenty years. In the early 2000s, the state’s primary child care subsidy program, the Child Care Assistance Program (CCAP), was moved from the Department of Children, Families and Learning to the Department of Human Services in an …

Where's The Beef? Meat Shortages, Farmer Needs, And Long-Term Recovery Policies In A Pandemic Era, Kim Vu-Dinh

Faculty Scholarship

COVID-19 not only affected every hospital bed in the nation--if not the world; it also affected nearly every dinner table in America and beyond. Supply chain disruptions caused by the pandemic highlighted deep-seated problems with how we get our meat, and how difficult we make it for American farmers to sell to the family next door. Within a few months of the first reported case in the US, hundreds of workers from just two meat-processing plants on American shores became infected with COVID-19, and imports from around the world came to a standstill as factories and shipping companies were forced …

The Dangerous Independent State Legislature Theory, Jason Marisam

Faculty Scholarship

In 2020, conservative justices and the Trump Campaign championed a theory, known as the independent state legislature doctrine, that claims voting rights protections in state constitutions do not apply to the election rules that state legislatures set for the federal elections in their states. Under the theory, state courts cannot review and enjoin these state election laws for state constitutional violations. This Article exposes the flaws and dangers of the independent state legislature theory. It deconstructs the justifications for its utility, revealing them as undertheorized and based on flawed assumptions of legislative behavior and flawed understandings of constitutional and institutional …

Judical Line-Drawing And The Court's Failure To Protect Immigrants, Zoe Graham

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Problematic Private Immigration Detention Centers And The Lack Of Ice Oversight, Khou Yang

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

A Timeshare By Any Other Name: Fractional Homeownership And The Challenges And Effects Of Commodified Single-Family Homes, Christopher Markuson

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Csec Treatment Courts: An Opportunity For Positive, Trauma-Informed, And Therapeutic Systems Responses In Family And Juvenile Courts, Emma Hetherington, Allison Dunnigan, Hannah Elias Sbaity

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Saving The Insanity Defense: Insight Into Personality Disorders And The Necessary Elements Of The Test, Rachel Tollefsrud

Mitchell Hamline Law Review

No abstract provided.

Free Speech, Social Media, And Public Universities: How The First Amendment Limits University Sanctions For Online Expression And Empowers Students, Staff, And Faculty, Eric T. Kasper

Mitchell Hamline Law Review

No abstract provided.

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.

The Crimes Of Digital Capitalism, Aitor Jiménez, J.C. Oleson

Mitchell Hamline Law Review

No abstract provided.

An Unexpected Result Of Gender Equality Initiatives In Sports - The Sexualization Of Female Athletes, Renalia Dubose

Mitchell Hamline Law Review

No abstract provided.

Litigation About Mediation: A Case Study In Institutionalization, James Coben

Faculty Scholarship

No abstract provided.

The Direct-Derivative Distinction, The Special Litigation Committee, And The Uniform Act: A Response To Professor Weidner, Daniel S. Kleinberger

Faculty Scholarship

The Unfortunate Role of Special Litigation Committees in LLCs has a deeply pejorative view of the Uniform Law Commission “second generation” limited liability company act, and that view extends far deeper than the target suggested by the article’s title. The article’s fundamental attack is on the distinction between direct and derivative claims; the criticisms of ULLCA’s provisions on special litigation committees depend on that attack. In support of its wide-ranging attack, The Unfortunate Role seeks to marshal history, policy, logic, and a research study pertaining to the outcome of derivative claims. Unfortunately, however, the article (i) misapprehends the drafting history …

Trailblazing And Living A Purposeful Life In The Law: A Dakota Woman's Reflections As A Law Professor, Angelique Eaglewoman

Faculty Scholarship

This Essay is a reflection from my perspective as a Dakota woman law professor on my fifth law school faculty. In the illuminating work of Meera Deo, light is shone on the experience of women of color legal academics. Unequal Profession: Race and Gender in Legal Academia is a book that should be required reading at every law school. As women of color are faculty members in every law school in the United States, the research, analysis, and recommendations tailored to the experience of women of color law faculty should be a priority topic in those same law schools. As …

Close Encounters Of The Third Kind: The Third Restatement, Duty, And Foreseeability, Michael K. Steenson

Faculty Scholarship

The Restatement (Third) of Torts: Liability for Physical and Emotional Harm (the “Third Restatement”) was adopted by the American Law Institute in 2010. The approach taken by the Third Restatement to negligence law excludes foreseeability from the duty determination and places it squarely as a relevant factor in the breach issue; it adopts the “but-for” standard for causation; and rejects proximate cause terminology, instead utilizing a scope of liability approach in which the key question is whether the harms that occurred were of the same general type that made the actor’s conduct tortious. Removal of foreseeability from the duty determination …

Mypillow Lands Hard In Judge Wright’S Court, Michael K. Steenson

Faculty Scholarship

In Smartmatic USA Corp. v. Lindell, Smartmatic sued Michael Lindell and MyPillow, Inc. in Minnesota federal district court, alleging defamation and violation of Minnesota’s Deceptive Trade Practices Act based on Lindell’s claims of fraud in the 2020 presidential election, including that Smartmatic voting machines were rigged. This post focuses on Smartmatic’s defamation claim against Lindell and MyPillow.

The Future Of Online Dispute Resolution (Odr): Definitions, Standards, Disability Accessibility, And Legislation, David Allen Larson

Faculty Scholarship

Jurisdictions around the world are increasingly turning to Online Dispute Resolution (‘ODR’) to resolve a variety of disputes. ODR adoption has accelerated primarily because of two reasons. First, the COVID-19 pandemic has forced judicial systems to suspend or severely limit inperson proceedings to control infection rates. Private mediators and arbitrators, likewise, have eliminated or dramatically reduced in-person sessions. Second, judicial systems do not have unlimited !nancial resources. They must always consider ways to provide access to justice as ef!ciently and effectively as possible. ODR may be able to provide signi!cant cost savings. But ODR processes are still new and evolving …

Patient Decision Aids Improve Patient Safety And Reduce Medical Liability Risk, Thaddeus Pope

Faculty Scholarship

Tort-based doctrines of informed consent have utterly failed to assure that patients understand the risks, benefits, and alternatives to the healthcare they receive. Fifty years of experience with the doctrine of informed consent have shown it to be an abject catastrophe. Most patients lack an even minimal understanding of their treatment options. But there is hope. Substantial evidence shows that patient decision aids (PDAs) and shared decision making can bridge the gap between the theory and practice of informed consent. These evidence-based educational tools empower patients to make decisions with significantly more knowledge and less decisional conflict than clinician-patient discussions …

20 Years Of Trade Secrets Scholarship (2002-2022), Sharon Sandeen

Faculty Scholarship

No abstract provided.

Help Was Not On The Way: Intellectual Property Liability Relief In A Pandemic Era, Kim Vu-Dinh

Faculty Scholarship

On January 21, 2020, the United States recorded its first case of COVID-19. By April of that same year, numerous hospitals across the nation had exhausted entire reserves of personal protective equipment (PPE), with looming uncertainty as to when they would be replenished. As infection numbers increased exponentially, global demand for some types of PPE increased by 1000%.

Volunteers across the nation assembled teams of makers—some professionals, but also scores of amateurs—to craft the critical equipment needed to slow down the onslaught of the pandemic. From creating cloth masks to ventilator pistons, nonprofits and everyday citizens were able to partially …

Was Justice Ginsburg Roe-Ght?: Reimagining U.S. Abortion Discourse In The Wake Of Argentina's Marea Verde, Kim D. Ricardo

Mitchell Hamline Law Review

No abstract provided.

Inefficient Mercy: The Procedural, Constitutional, And Prudential Issues That Plague Minnesota's Pardoning Process, Maddie Post

Mitchell Hamline Law Review

No abstract provided.

From Langdell To Lab: The Opportunities And Challenges Of Experiential Learning In The First Semester, Steven K. Homer

Mitchell Hamline Law Review

No abstract provided.

The Illusion Of The Public Policy Exception: Arbitration, Law Enforcement Discipline, And The Need To Reform Minnesota's Approach To The Public Policy Exception, Ben Larson

Mitchell Hamline Law Review

No abstract provided.

Apparent Authority: Minnesota Finally Rejects Categorical Exemption For Independent Contractors In Hospital Emergency Rooms And Signifies Potential For Nondelegable Duty Doctrine—Popovich V. Allina Health Sys., 946 N.W.2d 885 (Minn. 2020)., Dana Ohman

Mitchell Hamline Law Review

No abstract provided.

The Enforceability Of Step-Down Provisions In Automobile Insurance Policies, Constance A. Anastopoulo, Thomas P. Gressette Jr.

Mitchell Hamline Law Review

No abstract provided.

Hyperpartisanship, Impeachment, And The Unchecked Executive Branch, Lindsay Dreyer

Mitchell Hamline Law Review

No abstract provided.