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Articles 1 - 25 of 25
Full-Text Articles in Law
Contempt Power And The United States Courts, Joshua Carback
Contempt Power And The United States Courts, Joshua Carback
Mitchell Hamline Law Journal of Public Policy and Practice
Contempt power is one of the most important legacies of English common law in federal common law. Substantively, the contempt power of the United States Courts is relatively similar to that employed by the Court of King’s Bench in the eighteenth century. Procedurally, however, it is quite different. The Rules Enabling Act of 1934 created an interbranch framework for crafting procedural rules for the United States Courts. All three branches of the federal government collaborated under that framework with the intention of rationalizing, systemizing, and delimiting the boundaries of contempt power. The culmination of decades of strenuous rulemaking, unfortunately, was …
Correction Of Monumental Judicial Malpractice: The Case For Clearing Secessionist And Slaveholding Symbols Of "Justice" From The Courthouse, Michael J. Pastrick Esq.
Correction Of Monumental Judicial Malpractice: The Case For Clearing Secessionist And Slaveholding Symbols Of "Justice" From The Courthouse, Michael J. Pastrick Esq.
Mitchell Hamline Law Review
No abstract provided.
Justice Served, Housing Preserved: The Ramsey County Housing Court Model, Colleen Ebinger, Elizabeth Clysdale
Justice Served, Housing Preserved: The Ramsey County Housing Court Model, Colleen Ebinger, Elizabeth Clysdale
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
State Courts And Democratic Theory: Toward A Theory Of State Constitutional Judicial Review, David Schultz
State Courts And Democratic Theory: Toward A Theory Of State Constitutional Judicial Review, David Schultz
Mitchell Hamline Law Review
No abstract provided.
The Structural Underpinnings Of Access To Justice: Building A Solid Pro Bono Infrastructure, Latonia Haney Keith
The Structural Underpinnings Of Access To Justice: Building A Solid Pro Bono Infrastructure, Latonia Haney Keith
Mitchell Hamline Law Review
No abstract provided.
Neither Fish Nor Fowl: The Separation Of Powers And The Office Of Administrative Hearings, Ann E. Cohen, Elise Larson
Neither Fish Nor Fowl: The Separation Of Powers And The Office Of Administrative Hearings, Ann E. Cohen, Elise Larson
Mitchell Hamline Law Review
No abstract provided.
From Warren To Burger: Race Relations Inside The Court, Robert Fabrikant
From Warren To Burger: Race Relations Inside The Court, Robert Fabrikant
Mitchell Hamline Law Review
No abstract provided.
The Practitioner’S Guide To Due Process Issues In Veteranstreatment Courts, Evan C. Tsai
The Practitioner’S Guide To Due Process Issues In Veteranstreatment Courts, Evan C. Tsai
Mitchell Hamline Law Review
No abstract provided.
The Minnesota Stand Down Model: Bringing Stand Down Courtsto Rural Communities, Sara Sommarstrom
The Minnesota Stand Down Model: Bringing Stand Down Courtsto Rural Communities, Sara Sommarstrom
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.
Forum, Federalism, And Free Markets: An Empirical Study Of Judicial Behavior Under The Dormant Commerce Clause Doctrine, Mehmet K. Konar-Steenberg, Anne F. Peterson
Forum, Federalism, And Free Markets: An Empirical Study Of Judicial Behavior Under The Dormant Commerce Clause Doctrine, Mehmet K. Konar-Steenberg, Anne F. Peterson
Faculty Scholarship
This study examines judicial behavior under the dormant Commerce Clause doctrine by drawing on an original database of 459 state and Federal appellate cases decided between 1970 and 2009. The authors use logit regression to show that state judges are more likely to uphold state and local laws against dormant Commerce Clause attack than their Federal judicial counterparts, a result that is consistent with the interstate rivalry issues animating the doctrine. The study also finds that Republican-dominated judicial panels at the state level are more likely to side with tax challengers invoking the dormant Commerce Clause doctrine than are Democratic …
Collaborative Lawyering: A Process For Interest-Based Negotiation, Jim Hilbert
Collaborative Lawyering: A Process For Interest-Based Negotiation, Jim Hilbert
Faculty Scholarship
This article discusses the growing popularity of interest-based negotiation among attorneys and outlines an approach for implementing interest-based negotiating more effectively. The article begins with an overview of interest-based negotiation and its evolution in legal practice. The article addresses the barriers that often stand between lawyers and the practice of interest-based negotiation and how clients, too, may contribute their own limitations to the mix. The article then discusses particular aspects of interest-based approaches and outlines a step-by-step process for implementing interest-based negotiating.
What Does A "Juvenile Adjudication" Mean In Minnesota? Some New Answers After A Century Of Change In Juvenile Court, John M. Stuart, Amy K. R. Zaske
What Does A "Juvenile Adjudication" Mean In Minnesota? Some New Answers After A Century Of Change In Juvenile Court, John M. Stuart, Amy K. R. Zaske
William Mitchell Law Review
No abstract provided.
Foreword: Celebrating 100 Years Of Juvenile Court In Minnesota, Paul H. Anderson
Foreword: Celebrating 100 Years Of Juvenile Court In Minnesota, Paul H. Anderson
William Mitchell Law Review
No abstract provided.
Minnesota Juvenile Courts: Principles Of Excellence For The Next 100 Years
Minnesota Juvenile Courts: Principles Of Excellence For The Next 100 Years
William Mitchell Law Review
No abstract provided.
A Legacy Of Public Law 280: Comparing And Contrasting Minnesota’S New Rule For The Recognition Of Tribal Court Judgments With The Recent Arizona Rule, Kevin K. Washburn, Chloe Thompson
A Legacy Of Public Law 280: Comparing And Contrasting Minnesota’S New Rule For The Recognition Of Tribal Court Judgments With The Recent Arizona Rule, Kevin K. Washburn, Chloe Thompson
William Mitchell Law Review
Tribal court dockets across the country have been growing steadily, and tribal courts are becoming an important part of the judicial fabric of the United States. To acknowledge this reality, state courts and legislatures across the United States have begun to address the important issues of how and whether to recognize tribal court judgments in state courts. The Minnesota Supreme Court adopted a rule that took effect in January of 2004 that provides guidelines for the recognition and enforcement of tribal court orders and judgments. The Minnesota Supreme Court Rule on the Recognition and Enforcement of Tribal Court Orders and …
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).
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: …
Civil Justice Reform Symposium: Introduction, James F. Hogg
Civil Justice Reform Symposium: Introduction, James F. Hogg
Faculty Scholarship
Many people in the United States are not happy about the way in which litigation proceeds. In a country sometimes thought to be overpopulated with lawyers, either one party or both parties in a significant percentage of civil cases apparently cannot afford, or decline to retain, legal counsel. Financing for legal aid seems to be less than adequate, pro bono services are helping to some extent, but the administration of civil justice is in danger of sinking in the swamp of pro se ("do-it-yourself') litigation. The articles in this symposium discuss ideas for reform, such as introductory resources directed at …
Rosalie Wahl: Her Extraordinary Contributions To Legal Education, James F. Hogg
Rosalie Wahl: Her Extraordinary Contributions To Legal Education, James F. Hogg
Faculty Scholarship
Justice Rosalie Wahl is well-known as the first woman to be appointed to the Minnesota Supreme Court, but she has made a lesser known, yet critical, contribution to the quality and effectiveness of legal education in this country. As chair of the American Bar Association's Section on Legal Education and Admissions to the Bar, Wahl created the MacCrate Commission. The MacCrate Report charts the way for improvement in law school teaching and learning, and the discussion following the report lead to the creation of an ABA Commission to take testimony and review the ABA Accreditation Standards. Wahl also chaired this …
Judicial Vacancies And Delay In The Federal Courts: An Empirical Evaluation, In Symposium, The Civil Justice Reform Act, A. Kimberley Dayton
Judicial Vacancies And Delay In The Federal Courts: An Empirical Evaluation, In Symposium, The Civil Justice Reform Act, A. Kimberley Dayton
Faculty Scholarship
This Article examines the relationship between federal district court judicial vacancies --whether caused by the executive branch's failure to timely nominate judges, Congress's failure to confirm presidential nominees, or some other reason -- and delays in processing the civil caseload. The hypotheses tested are several configurations of the hypothesis “judicial vacancies cause delay.” The statistical method of analysis of covariance is used to test this hypothesis and thereby evaluate the degree to which delays, defined by reference to certain case management statistics, are correlated to vacancy rates in individual federal district courts, and within the federal system as a whole. …
Case Management In The Eastern District Of Virginia, In Symposium, Civil Litigation In The 1990'S, Part Ii, A. Kimberley Dayton
Case Management In The Eastern District Of Virginia, In Symposium, Civil Litigation In The 1990'S, Part Ii, A. Kimberley Dayton
Faculty Scholarship
Part I of this Article describes the administrative structure of the Eastern District of Virginia and its case management practices. Part II demonstrates that, despite the Eastern District of Virginia's status as one of the busiest federal district courts, it has consistently been one of the most efficient and effective federal courts in the nation. As a result, in Part III, this Article concludes that the experience of the Eastern District of Virginia raises many questions about the premises underlying the Civil Justice Reform Act, the proposed amendments to the Federal Rules, and the means by which Congress and the …
Judicial Deference To The Pto's Interpretations Of The Patent Law, R. Carl Moy
Judicial Deference To The Pto's Interpretations Of The Patent Law, R. Carl Moy
Faculty Scholarship
This article attempts to provide a basis upon which to preserve the Federal Circuit's current lawmaking primacy. Given the large body of preexisting literature on Chevron, USA, Inc v. Natural Resources Defense Council, it does not address whether Chevron allocates power between agencies and the courts optimally. Rather, the article examines how the PTO's statutory interpretations should be reviewed under Chevron. In Section I, the article places the examination in context by describing the Chevron decision and its general implications. Section II of the article examines how Chevron should be applied specifically in the context of reviewing statutory interpretations of …
Court Trial Empirical Survey: Interview Responses From Trial Judges Explaining Their Experiences And Views Regarding The Trial Of Non-Jury Cases, John O. Sonsteng, Roger S. Haydock
Court Trial Empirical Survey: Interview Responses From Trial Judges Explaining Their Experiences And Views Regarding The Trial Of Non-Jury Cases, John O. Sonsteng, Roger S. Haydock
Faculty Scholarship
Knowing how a judge will react to certain trial techniques in a trial can greatly enhance an attorney's effectiveness in the courtroom. This article contains and explains the results of the authors' empirical survey. Fifty-nine judges serving in both criminal and civil court in the Minneapolis-St. Paul area were surveyed, with each judge responding to thirty-eight questions designed to obtain objective information concerning their experiences and views on effective trial advocacy. The survey covered eight topics: (1) trial briefs; (2) pretrial chambers discussions; (3) opening statements; (4) direct and cross-examinations; (5) evidentiary matters; (6) closing arguments; (7) findings of fact …