Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Judges (7)
- Legal Profession (6)
- Courts (4)
- Law and Society (4)
- Legal History (4)
-
- Legal Biography (3)
- Legal Education (3)
- Legal Ethics and Professional Responsibility (3)
- Civil Rights and Discrimination (2)
- Dispute Resolution and Arbitration (2)
- Human Rights Law (2)
- State and Local Government Law (2)
- Constitutional Law (1)
- Criminal Law (1)
- Food and Drug Law (1)
- Health Law and Policy (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Juvenile Law (1)
- Law Enforcement and Corrections (1)
- Law and Gender (1)
- Law and Philosophy (1)
- Legal Remedies (1)
- Legal Writing and Research (1)
- Legislation (1)
- Social Welfare Law (1)
- Supreme Court of the United States (1)
- Keyword
-
- Masters in chancery (3)
- Complex litigation (2)
- Minnesota. Supreme Court (2)
- Black Minnesotans (1)
- Civil rights activists (1)
-
- Customary law (1)
- Democracy (1)
- Due process clause (1)
- Duty to warn (Law) (1)
- Equal protection clause (1)
- Equal rights (1)
- Esther Tomljanovich (1)
- Federal Indian law (1)
- Federal courts (1)
- Fourth Amendment (1)
- Fredrick L. McGhee 1861-1912 (1)
- Indian law (1)
- Judges--Minnesota (1)
- Judicial opinions (1)
- Judicial process (1)
- Jurisprudence (1)
- Legal case management (1)
- Legal opinions--Minnesota (1)
- Limitation of actions--Minnesota (1)
- NAACP (1)
- Native American law (1)
- Pragmatism (1)
- School integration (1)
- Sentencing guidelines (Criminal procedure) (1)
- Social justice (1)
Articles 1 - 17 of 17
Full-Text Articles in Jurisprudence
Social Justice And The Supreme Court: Lessons From The Past, Vicki Lens
Social Justice And The Supreme Court: Lessons From The Past, Vicki Lens
Mitchell Hamline Law Journal of Public Policy and Practice
This article revisits over sixty years of Supreme Court decisions that have affected the poor and racial minorities, using a novel approach that considers the synergistic relationship between different doctrinal areas rather than focusing on one area. Specifically, I appraise the Supreme Court’s doctrinal contributions from 1953 to the present across three foundational elements of social justice on behalf of the poor and people of color: the school integration cases under the Equal Protection Clause, a series of cases under the Fourth Amendment which sanctioned the police tactic of stop-and-frisk, and attempts to secure economic security for the poor through …
Affirming A Pragmatic Development Of Tribal Jurisprudential Principles, Todd R. Matha
Affirming A Pragmatic Development Of Tribal Jurisprudential Principles, Todd R. Matha
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
Mitchell Hamline Law Review
No abstract provided.
The Rule Of Unanimity's Circuit Splitting Effect: The Problem With Consent—Griffioen V. Cedar Rapids & Iowa City Railway Co., Aaron P. Meland
The Rule Of Unanimity's Circuit Splitting Effect: The Problem With Consent—Griffioen V. Cedar Rapids & Iowa City Railway Co., Aaron P. Meland
Mitchell Hamline Law Review
No abstract provided.
Nonmoral Theoretical Disagreement In Law, Alani Golanski
Nonmoral Theoretical Disagreement In Law, Alani Golanski
Mitchell Hamline Law Review
No abstract provided.
Molloy V. Meier Extends Genetic Counseling Duty Of Care To Biological Mcclain Parents And Establishes That Legal Damages Must Occur Before A Wrongful Conception Action Accrues For Statute Of Limitations Purposes, Mark Hallberg, Teresa Fariss
Molloy V. Meier Extends Genetic Counseling Duty Of Care To Biological Mcclain Parents And Establishes That Legal Damages Must Occur Before A Wrongful Conception Action Accrues For Statute Of Limitations Purposes, Mark Hallberg, Teresa Fariss
William Mitchell Law Review
Inherited genetic disorders are a well-known cause of developmental delays in children. It is, therefore, “foreseeable” to physicians treating developmentally delayed children that parents of these children will rely on the physicians’ opinions of whether a genetic cause exists. Accordingly in 1992, when Dr. Diane Meier, a pediatrician, discovered developmental delays in S.F., the three-year-old daughter of Kimberly Flomer (now Molloy) and Robert Flomer, “accepted standards of pediatric practice” required Dr. Meier to order genetic testing, including testing for Fragile X Syndrome, one of the most common causes of inherited mental retardation. The foreseeable consequences of Dr. Meier’s alleged failure …
The Jurisprudence Of Justice Esther Tomljanovich: Balancing The Scales Of Justice, Ann L. Iijima
The Jurisprudence Of Justice Esther Tomljanovich: Balancing The Scales Of Justice, Ann L. Iijima
William Mitchell 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.
Foreword, Helen Meyer
Foreword, Helen Meyer
William Mitchell Law Review
The William Mitchell Law Review has decided once again to dedicate one issue of this annual volume to Recent Decisions of the Minnesota Supreme Court. This issue reviews some of the court’s more important decisions from the 2003-04 term. If tradition is honored, the articles and notes you find in these pages will be thorough, well-written, and thoughtful in their analysis of each decision. This annual review is a tradition that gives our legal community a wonderful opportunity to publicly comment on the work of the court. This public testing of the court’s work is a healthy part of the …
Unsung Hero: The Life Of A Foot Soldier For Justice, Valerie M. Jensen
Unsung Hero: The Life Of A Foot Soldier For Justice, Valerie M. Jensen
William Mitchell Law Review
Review of Frederick L. McGhee: A Life on the Color Line, 1861-1912. By Paul D. Nelson. Minnesota Historical Society Press, 2002. 234 pages. $29.95
Brown’S Legacy: Looking Back, Moving Forward, Wilhelmina M. Wright
Brown’S Legacy: Looking Back, Moving Forward, Wilhelmina M. Wright
William Mitchell Law Review
This keynote speech was delivered at the Lena O. Smith Luncheon on May 7, 2004. Lena O. Smith was the first African-American woman to practice law in Minnesota. In 1921, she graduated from Northwestern College of Law, a predecessor of William Mitchell College of Law. See generally Ann Juergens, Lena Olive Smith: A Minnesota Civil Rights Pioneer, 28 Wm. Mitchell L. Rev. 397 (2001).
Windfall Justice: Sentences At The Mercy Of Hypertechnicality, Jack Nordby
Windfall Justice: Sentences At The Mercy Of Hypertechnicality, Jack Nordby
William Mitchell Law Review
Once upon a time (a time not so remote as to be beyond the memories of many of us who still toil in the vineyards of justice), the severity of a criminal sentence was determined largely at the whim of the trial judge, who was guided only by vague considerations of suitability. Non-premeditated murder, for example, might be punished by anything from probation to forty years in prison. A parole board exercised a similarly subjective power to temper the term with early release. Then, about a quarter century ago, the legislature created a commission to establish sentencing “guidelines,” said to …
Foreword, Sam Hanson
Foreword, Sam Hanson
William Mitchell Law Review
Introduction to issue of Recent Decisions of the Minnesota Supreme Court (from 2002-03 term).
Philosophy And Opinions, Warren Ortland
Philosophy And Opinions, Warren Ortland
William Mitchell Law Review
Review of Law, Pragmatism, and Democracy. By Richard A. Posner. Harvard University Press, 2003. 398 Pages. $35.00.
The Creativity Of The Common-Law Judge: The Jurisprudence Of William Mitchell, Charles J. Reid Jr.
The Creativity Of The Common-Law Judge: The Jurisprudence Of William Mitchell, Charles J. Reid Jr.
William Mitchell Law Review
Mitchell's presence graced the Minnesota Supreme Court for nearly nineteen years, from 1881 to 1900. His output was prodigious. He produced nearly 1600 judicial opinions. It has been estimated “that excluding Sundays, and allowing a month in each year for vacation, Judge Mitchell wrote one opinion in every three days for nineteen years.” Indeed, “[i]n point of numbers, his opinions exceed those of any other justice of the Supreme Court of his state, or the nation.” It is one aspect, perhaps the central aspect, the unifying theme of this prolific body of work, that is the focus of this essay: …