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Articles 1 - 12 of 12
Full-Text Articles in Legal History
Islam In The Mind Of American State Courts: 1960 To 2001, Marie Failinger
Islam In The Mind Of American State Courts: 1960 To 2001, Marie Failinger
Faculty Scholarship
This project reviews how American state courts portrayed Islam and Muslims from 1960 until September 11, 2001. The purpose of this project is not to construct some overarching theoretical framework to explain American social and legal views of Islam and Muslims, though I will necessarily interpret what the cases say to some extent. Given the lengthy time period involved, the number of cases in which Muslims or Islam are referenced, and the fact that these cases come from many states, it seemed prudent to defer to others who have constructed critiques of the way American law as a whole has …
The Definitional Hub Of E-Commerce: "Record", Christina L. Kunz
The Definitional Hub Of E-Commerce: "Record", Christina L. Kunz
Faculty Scholarship
This Article is a drafting history and a white paper on “record,” setting out the ABA's Working Group on Electronic Writings and Notices' (WG) deliberations and choices, the WG's interactions with concurrent and subsequent UCC redraft committees, the principles and policies underlying the WG's final decisions, and uses of “record” in subsequent statutes.
Book Review: Decreeing Women's Equality: Using Women's History To Create Legal Parity, Denise D. J. Roy
Book Review: Decreeing Women's Equality: Using Women's History To Create Legal Parity, Denise D. J. Roy
Faculty Scholarship
This article critiques the feminist view Ute Gerhard offers in “Debating Women's Equality: Toward a Feminist Theory of Law from a European Perspective”. Throughout Debating Women's Equality, Gerhard appears to have three ambitious objectives in mind: (1) to decry the paucity of research into women's legal history while beginning to do the needed work, focusing primarily on Germany but also broadly exploring European trends, (2) to demonstrate that German/European women's legal history ultimately vindicates reliance on “equal rights” as a political strategy for women, and (3) to develop an understanding of legal equality that can serve as a meaningful tool …
Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
Faculty Scholarship
Lena Olive Smith and the National Association for the Advancement of Colored People (NAACP) created a spirited partnership in the public interest during the 1920s and 1930s. Throughout their long collaboration, this woman lawyer, her clients, and the Minneapolis branch of a national grassroots organization faced similar challenges: to stay solvent, to end segregation and increase equality, and to live with dignity. This article is divided into four sections. The first three roughly correspond with stages in Smith’s life and work. Part II briefly chronicles Smith’s first thirty six years, 1885 to 1921, as a single African-American woman in the …
Minnesota Lawyers Evaluate Law Schools, Training And Job Satisfaction, John O. Sonsteng
Minnesota Lawyers Evaluate Law Schools, Training And Job Satisfaction, John O. Sonsteng
Faculty Scholarship
The MacCrate Report was published in 1992 and detailed the findings of a task force established by the American Bar Association. The purpose of the task force was to examine a perceived “gap” between legal education and law practice. The Report concluded that law schools needed to affirm their commitment to train students to practice effectively in the legal profession. This article analyzes the results of several surveys, each seeking to determine to what extent law schools provided Minnesota lawyers consistent training in the practice skills areas identified in the MacCrate Report. The findings discussed in this article were gleaned …
Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy
Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy
Faculty Scholarship
If the legal profession embraces multidisciplinary practice (MDP) and allows fee-sharing with nonlawyers, there is a risk that its values, independence, and professionalism will fall prey to market pressures and control by outsiders. On the other hand, rejecting MDP means risking losing business to the multidisciplinary firms already established. The question is whether there is a compromise that provides meaningful regulation of lawyers practicing in multidisciplinary firms.
A Citizen Of Fine Spirit, Douglas R. Heidenreich
A Citizen Of Fine Spirit, Douglas R. Heidenreich
Faculty Scholarship
William T. Francis was (1869-1929), by most measures, the most successful of the early African American alumni of William Mitchell College of Law's predecessor law schools. Francis was a skilled lawyer, an adroit politician, a popular orator, a vigorous crusader for human and civil rights, and a respected U.S. diplomat.
Porcupine Diplomacy Produces Summit (Ave.) Accord, Douglas R. Heidenreich
Porcupine Diplomacy Produces Summit (Ave.) Accord, Douglas R. Heidenreich
Faculty Scholarship
While William Mitchell College of Law was officially formed in 1956 through the merger of two local evening law schools, there had been discussion of a merger for years before 1956. Even after the merger, the two parts of the new institution continued to operate mostly separately. The acquisition of a building at 2100 Summit Avenue, in St. Paul, in 1958 finally allowed the two schools to become one and to enter the modern era of legal education.
The Hubris Of The Master Chefs Of Diversity Stew, Michael K. Jordan
The Hubris Of The Master Chefs Of Diversity Stew, Michael K. Jordan
Faculty Scholarship
This article discusses the dangers of pursuing diversity, be it in the workplace, in a student body, or in a society, in a manner that puts a high level of control in the hands of a few experts using a specifc "recipe". These masters of diversity may pose serious threats to some basic principles that most Americans hold to be essential componenets of what it means to be free, self-determining individuals.
And Then There Was One, Douglas R. Heidenreich
And Then There Was One, Douglas R. Heidenreich
Faculty Scholarship
In the twentieth century's second decade, Minneapolis lawyers created four night law schools, all of which William Mitchell College of Law numbers among its predecessor institutions. By 1940, a single law school remained, an amalgam of the original four. It would unite in 1956 with its St. Paul counterpart to form William Mitchell College of Law.
Hiram F. Stevens And The Founding Of The St. Paul College Of Law, Douglas R. Heidenreich
Hiram F. Stevens And The Founding Of The St. Paul College Of Law, Douglas R. Heidenreich
Faculty Scholarship
The St. Paul College of Law, one of William Mitchell College of Law's predecessor institutions, was established by five attorneys in 1900. Especially prominent among these attorneys was Hiram F. Stevens (1852-1904), who served as the first dean and was also a legislator, teacher, scholar, popular orator, and a founding member of the American Bar Association.
Feminist Jurisprudence: Why Law Must Consider Women's Perspectives, Ann Juergens
Feminist Jurisprudence: Why Law Must Consider Women's Perspectives, Ann Juergens
Faculty Scholarship
A growing number of scholars are asking how the law would be different if it took women's points of view and experiences into account. Feminist Jurisprudence argues that we must look at the norms embedded in our legal system and rethink the law. It is about being inclusive of women, and of all people who differ from the norms of the law as it is today. The endeavor will necessarily shake up established relations between family, the workplace and the state. Lawyers, judges, and legislators should get ready for the changes.