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Articles 1 - 30 of 40
Full-Text Articles in Law
The Thinning Blue Line: Ptsd Benefits For Law Enforcement In Minnesota, Caleb Wootan
The Thinning Blue Line: Ptsd Benefits For Law Enforcement In Minnesota, Caleb Wootan
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
An Exacerbated Power Imbalance: The Danger In Allowing Ai To Render Arbitral Awards In Employment Arbitration, Elizabeth G. Stein
An Exacerbated Power Imbalance: The Danger In Allowing Ai To Render Arbitral Awards In Employment Arbitration, Elizabeth G. Stein
Mitchell Hamline Law Review
No abstract provided.
Kenneh V. Homeward Bound, Inc: Potential Impacts Of The Minnesota Supreme Court’S Not-So-Severe “Severe Or Pervasive” Standard To Race Harassment Claims Under The Minnesota Human Rights Act, Frances Baillon, Michelle Gibbons
Kenneh V. Homeward Bound, Inc: Potential Impacts Of The Minnesota Supreme Court’S Not-So-Severe “Severe Or Pervasive” Standard To Race Harassment Claims Under The Minnesota Human Rights Act, Frances Baillon, Michelle Gibbons
Mitchell Hamline Law Review
No abstract provided.
From Healthcare To Hiring: Impacts Of Social And Public Policy On Disabled Veterans In The United States, Benjamin Michael Stoflet
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 …
Race-Based Hostile Work Environment Claims In Federal And Minnesota Courts: A Historical Perspective On The Development Of The "Severe Or Pervasive" Standard, Frances Baillon, Michelle Gibbons
Race-Based Hostile Work Environment Claims In Federal And Minnesota Courts: A Historical Perspective On The Development Of The "Severe Or Pervasive" Standard, Frances Baillon, Michelle Gibbons
Mitchell Hamline Law Review
No abstract provided.
Covid-19 And The Caregiving Crisis: The Rights Of Our Nation's Social Safety Net And A Doorway To Reform, Leanne Fuith, Susan Trombley
Covid-19 And The Caregiving Crisis: The Rights Of Our Nation's Social Safety Net And A Doorway To Reform, Leanne Fuith, Susan Trombley
Faculty Scholarship
In March 2020, the United States declared a pandemic due to the global Covid-19 virus. Across the nation and within a matter of days, workplaces, schools, childcare, and eldercare facilities shuttered. People retreated to their homes to shelter-in-place and slow the spread of the virus for what would become a much longer time than most initially anticipated. Now, more than a year into the pandemic, many professional and personal lives have been upended and become inextricably intertwined. Work is now home, and home is now work. Work is completed at all times of day and well into the night. Children …
Navigating The Legal Challenges Of Covid-19 Vaccine Policies In Private Employment: School Vaccination Laws Provide A Roadmap, Pamela Abbate-Dattilo
Navigating The Legal Challenges Of Covid-19 Vaccine Policies In Private Employment: School Vaccination Laws Provide A Roadmap, Pamela Abbate-Dattilo
Mitchell Hamline Law Review
No abstract provided.
The Supreme Court’S Worst Decision In Recent Years – Garcetti V. Ceballos, The Dred Scott Decision For Public Employees, David L. Hudson Jr.
The Supreme Court’S Worst Decision In Recent Years – Garcetti V. Ceballos, The Dred Scott Decision For Public Employees, David L. Hudson Jr.
Mitchell Hamline Law Review
No abstract provided.
Surviving The “Pretext” Stage Of Mcdonnell Douglas: Should Employment Discrimination And Retaliation Plaintiffs Prove “Motivating Factors” Or But-For Causation?, Alexandra Zabinski
Surviving The “Pretext” Stage Of Mcdonnell Douglas: Should Employment Discrimination And Retaliation Plaintiffs Prove “Motivating Factors” Or But-For Causation?, Alexandra Zabinski
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Challenges In Compensating Employees In Cryptocurrencies, Rebecca K. Webster
Challenges In Compensating Employees In Cryptocurrencies, Rebecca K. Webster
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
High Stakes For High-Skilled Immigrants: An Analysis Of Changes Made To High-Skilled Immigration Policy In The First Year Of The Trump Administration In Comparison To Changes Made During The First Year Of Previous Presidential Administrations, Kevin Miner, Sarah K. Peterson
High Stakes For High-Skilled Immigrants: An Analysis Of Changes Made To High-Skilled Immigration Policy In The First Year Of The Trump Administration In Comparison To Changes Made During The First Year Of Previous Presidential Administrations, Kevin Miner, Sarah K. Peterson
Mitchell Hamline Law Review
No abstract provided.
A Bridge Over Troubled Waters: The High-Skilled Worker Rule And Its Impact On Employment-Based Immigration, Robert D. Aronson, Debra A. Schneider
A Bridge Over Troubled Waters: The High-Skilled Worker Rule And Its Impact On Employment-Based Immigration, Robert D. Aronson, Debra A. Schneider
Mitchell Hamline Law Review
No abstract provided.
Debating Employee Non-Competes And Trade Secrets, Sharon Sandeen, Elizabeth A. Rowe
Debating Employee Non-Competes And Trade Secrets, Sharon Sandeen, Elizabeth A. Rowe
Faculty Scholarship
Recently, a cacophony of concerns have been raised about the propriety of noncompetition agreements (NCAs) entered into between employers and employees, fueled by media reports of agreements which attempt to restrain low-wage and low-skilled workers, such as sandwich makers and dog walkers. In the lead-up to the passage of the federal Defend Trade Secrets Act of2016 (DTSA), public policy arguments in favor of employee mobility were strongly advocated by those representing the "California view" on the enforceability of NCAs, leading to a special provision of the DTSA that limits injunctive relief with respect to employee NCAs. Through our lens as …
Scalpel Please: Cutting To The Heart Of Medical Records Disputes In Employment Law Cases, Megan I. Brennan
Scalpel Please: Cutting To The Heart Of Medical Records Disputes In Employment Law Cases, Megan I. Brennan
William Mitchell Law Review
No abstract provided.
A Comparison Of Wisconsin And Minnesota Workers' Compensation Claims, Thomas M. Domer, Michael R. Johnson
A Comparison Of Wisconsin And Minnesota Workers' Compensation Claims, Thomas M. Domer, Michael R. Johnson
William Mitchell Law Review
No abstract provided.
Mind Games: Understanding Mental Injuries Following Recent Changes To The Minnesota Workers' Compensation Act, Thomas W. Atchison
Mind Games: Understanding Mental Injuries Following Recent Changes To The Minnesota Workers' Compensation Act, Thomas W. Atchison
William Mitchell Law Review
No abstract provided.
The Impact Of The Affordable Care Act On Workers' Compensation: Opportunities And Considerations, David A. North
The Impact Of The Affordable Care Act On Workers' Compensation: Opportunities And Considerations, David A. North
William Mitchell Law Review
No abstract provided.
Fundamentals Of Workers' Compensation In Minnesota, Thomas F. Coleman
Fundamentals Of Workers' Compensation In Minnesota, Thomas F. Coleman
William Mitchell Law Review
No abstract provided.
The Use (And Misuse) Of The Same-Actor Inference In Family Responsibilities Discrimination Litigation: Lessons From Social Psychology On Flexibility Stigma, Andrea L. Miller
The Use (And Misuse) Of The Same-Actor Inference In Family Responsibilities Discrimination Litigation: Lessons From Social Psychology On Flexibility Stigma, Andrea L. Miller
William Mitchell Law Review
No abstract provided.
Defamation In Employment Investigations: Bahr V. Boise Cascade Corporation And O'Donnell V. City Of Buffalo, Kristin Berger Parker, Ellen G. Sampson
Defamation In Employment Investigations: Bahr V. Boise Cascade Corporation And O'Donnell V. City Of Buffalo, Kristin Berger Parker, Ellen G. Sampson
Journal of Law and Practice
No abstract provided.
The Uses And Misuses Of Statistical Proof In Age Discrimination Claims, Thomas Tinkham
The Uses And Misuses Of Statistical Proof In Age Discrimination Claims, Thomas Tinkham
Faculty Scholarship
When it comes to statistics, age discrimination is different than other forms of discrimination. In most discrimination cases we can take the protected population and make appropriate adjustments for necessary characteristics like education and compare the results to the other employee groups.
With age discrimination this method does not work. It doesn’t work because the normal patterns of aging and promotion or wage increase distort the statistical result. Employees typically are promoted more quickly and receive the highest percentage wage increases in early years. However, they generally retain those benefits for life. Employees reach a high point in their careers …
Terminating Public School Teachers For Cause Under Minnesota Law, Christine D. Ver Ploeg
Terminating Public School Teachers For Cause Under Minnesota Law, Christine D. Ver Ploeg
William Mitchell Law Review
It is important to understand the realities that surround the discharge of a teacher, for embarking upon this path promises to be painful for everyone involved. Teachers who challenge allegations that they are personally or professionally unworthy of continuing to teach in their districts--or perhaps to continue to teach at all--understandably experience extraordinary trauma and anxiety. By the same token, districts that ultimately fail to prove the case for discharge can face significant financial liability and may even be forced to reinstate teachers who have been found to be deficient. Finally, these efforts often divide schools and communities because teachers, …
Federal Whistleblower Protection: A Means To Enforcing Maximum-Hour Legislation For Medical Residents, Robert Neil Wilkey
Federal Whistleblower Protection: A Means To Enforcing Maximum-Hour Legislation For Medical Residents, Robert Neil Wilkey
William Mitchell Law Review
The extension of whistleblower protection to medical residents is by no means a panacea to current abusive working conditions. Roles exist for the federal government, the states, and institutional organizations such as the ACGME. Whistleblower protection provides one subtle yet effective regulatory tool that could undoubtedly result in enforcement of labor standards and ultimately better working conditions for medical residents.
Out Of The Frying Pan, Into The Fire: The Feasibility Of Post-Dispute Employment Arbitration Agreements, Lewis L. Maltby
Out Of The Frying Pan, Into The Fire: The Feasibility Of Post-Dispute Employment Arbitration Agreements, Lewis L. Maltby
William Mitchell Law Review
Changing the law to enforce only post-dispute agreements to arbitrate will not solve the problems of arbitration as a condition of employment. This change would leave the majority of employees who need arbitration in order to obtain justice empty handed, which is a situation far worse than the one employees face today. Rather than change from one unacceptable option to another, models for voluntary pre-dispute arbitration agreements need to be further developed.
Unlawful Discrimination Or A Necessity For A Fair Trial?: Exclusion Of A Law Clerk With A Disability From The Courtroom During Jury Trial Of A Personal Injury Case, Luther A. Granquist
Unlawful Discrimination Or A Necessity For A Fair Trial?: Exclusion Of A Law Clerk With A Disability From The Courtroom During Jury Trial Of A Personal Injury Case, Luther A. Granquist
William Mitchell Law Review
Today, the judicial system, broadly viewed to include bench and bar, jurors, and court personnel, includes more persons of color and more women than ever before. Issues of discrimination on the basis of race and gender continue, but progress has been made. However, few persons with evident disabilities practice law or sit on the bench. Perhaps that is why the very presence of a man with serious disabilities prompts concerns about the effect that he will have, just being there, on the outcome of a case. When more persons with evident disabilities, more persons who use wheelchairs or have personal …
Protections For Erisa Self-Insured Employee Welfare Benefit Plan Participants: New Possibilities For State Action In The Event Of Plan Failure, Mark A. Edwards
Protections For Erisa Self-Insured Employee Welfare Benefit Plan Participants: New Possibilities For State Action In The Event Of Plan Failure, Mark A. Edwards
Faculty Scholarship
Employees who receive health benefits through ERISA self-insured plans need protection when self-insured plans fail. Because of the breadth of ERISA preemption, states have been unable to assess ERISA self-insured plans for contribution to state insurance guaranty funds, and thus have been unable to include those employees in the protection of those funds. Further, attempts at federal reform to protect these employees have failed to garner support. However, under the recent Travelers, United Wire, and Safeco decisions, it may be possible for states to assess ERISA self-insured funds and their participants through a combination of hospital use surcharges and taxes …
Guilty Knowledge, Daniel S. Kleinberger
Guilty Knowledge, Daniel S. Kleinberger
Faculty Scholarship
Agency law's attribution rules impose most of the risk of agent misconduct on the party who selects the agent and benefits from the agent's endeavors, i.e., the principal. The rules thus help establish and maintain a proper balance of risk between principals and third parties. Unfortunately, a recent unpublished decision of the Minnesota Court of Appeals, Engen v. Mitch's Bar & Grill, threatens to upset that balance and release principals from responsibility for an important type of information possessed by their agents. Engen is dangerous, despite its unpublished status. This Case Note seeks to eliminate any influence the case might …
Fired Employees And/Or Frozen-Out Shareholders (An Essay), Deborah A. Schmedemann
Fired Employees And/Or Frozen-Out Shareholders (An Essay), Deborah A. Schmedemann
Faculty Scholarship
The thesis of this essay can be stated as follows: Shareholder-employees should be able to recover for loss of employment, within the cause of action provided by corporate law, where the termination violates public law, breaches the agreement among the shareholders, or is unsupported by legitimate business purposes. In Part II, this essay presents the employment model, including the paradigm of employment that the law builds on, the starting premise of employment law, the roles of private and public law, and the remedies afforded for violations of an employee's rights. In Part III, this essay develops the corporate model, discussing …
Same-Sex Sexual Harassment: Subverting The Heterosexist Paradigm Of The Title Vii, Carolyn Grose
Same-Sex Sexual Harassment: Subverting The Heterosexist Paradigm Of The Title Vii, Carolyn Grose
Faculty Scholarship
This article argues that the proper starting point is to provide protection for gay men and lesbians against discrimination and harassment. Until there is such protection, any attempt to use Title VII to regulate same-sex sexual harassment will intensify the privileging of one kind of same-sex interaction over another: straight subordinates will be protected from gay supervisors, while gay subordinates will not be protected from straight supervisors. The result will be increased tolerance not for expressions of gay and lesbian sexuality, but for expressions of heterosexism and homophobia in the workplace. Part I of this article examines the development of …
Patriarchy, Paternalism, And The Masks Of Fetal Protection., A. Kimberley Dayton
Patriarchy, Paternalism, And The Masks Of Fetal Protection., A. Kimberley Dayton
Faculty Scholarship
This essay is a response to John Kennedy's defense of Johnson Controls, Inc.'s fetal protection policy which was struck down last year in International Union, UAW v. Johnson Controls, Inc. A unanimous Supreme Court held in the case that the policy, which excluded women from a "fetotoxic" workplace, violated the federal employment discrimination laws. The Court's decision was issued only a day before Kennedy was scheduled to debate the issue of whether Title VII bars fetal protection policies with Professor Elinor Schroeder at the Kansas Journal's first symposium on March 21-22. 1991. The Court's decision rendered the technical statutory issues …