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Articles 1 - 10 of 10

Full-Text Articles in Law

Personal Jurisdiction: A "Shoe" In Doctrine?—Bandemer V. Ford Co., 931 N.W.2d 744 (Minn. 2019), Kevin Deno, John-Paul Dees Jan 2021

Personal Jurisdiction: A "Shoe" In Doctrine?—Bandemer V. Ford Co., 931 N.W.2d 744 (Minn. 2019), Kevin Deno, John-Paul Dees

Mitchell Hamline Law Review

No abstract provided.


The “Law Of Ramsey County” – Reflections Of A Trial Judge On State Government Gridlock, Kathleen Gearin Jan 2019

The “Law Of Ramsey County” – Reflections Of A Trial Judge On State Government Gridlock, Kathleen Gearin

Mitchell Hamline Law Review

No abstract provided.


State Courts And Democratic Theory: Toward A Theory Of State Constitutional Judicial Review, David Schultz Jan 2019

State Courts And Democratic Theory: Toward A Theory Of State Constitutional Judicial Review, David Schultz

Mitchell Hamline Law Review

No abstract provided.


School Finance Litigation And The Separation Of Powers, Larry J. Obhof Jan 2019

School Finance Litigation And The Separation Of Powers, Larry J. Obhof

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 Jan 2019

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.


Separation Of Powers In New Mexico: Item Vetoes, State Policy-Making, And The Role Of State Courts, Michael B. Browde Jan 2019

Separation Of Powers In New Mexico: Item Vetoes, State Policy-Making, And The Role Of State Courts, Michael B. Browde

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 Jan 2011

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 …


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 Jan 2004

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 …


Essay: Jurisdiction In Family Law Matters: The Minnesota Perspective, Robert E. Oliphant Jan 2003

Essay: Jurisdiction In Family Law Matters: The Minnesota Perspective, Robert E. Oliphant

William Mitchell Law Review

This article adds to the growing library of analysis and commentary on Minnesota family law. It surveys, reviews, analyzes, and comments on the decisions of Minnesota's appellate courts in the sometimes challenging and always interesting areas of subject matter and personal jurisdiction. The article examines many of the more common issues associated with jurisdiction that impact Minnesota family law in the areas of child support, custody, property division, maintenance, and paternity. It investigates the jurisdictional questions involved when applying Minnesota's long-arm statute and weighs the potential constitutional barriers to its application. It also examines relevant provisions of the Parental Kidnapping …


Personal Jurisdiction And The Stream Of Commerce, A. Kimberley Dayton Jan 1987

Personal Jurisdiction And The Stream Of Commerce, A. Kimberley Dayton

Faculty Scholarship

This article evaluates the stream of commerce theory of personaljurisdiction in light of existing precedent and the constitutionalimperative of due process. Part II briefly describes the factualbackground of Asahi and the various opinions rendered in the case.Part m outlines the development of jurisdictional doctrine since International Shoe, emphasizing the meaning of "purposeful availment" and its fluid role in the due process equation governing statecourt jurisdiction. Part IV then traces the evolution of the stream of commerce theory since International Shoe. Part V examines and rejects criticisms of the stream of commerce theory, and concludes that under any reasonabre interpretation of …