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Articles 1 - 30 of 51
Full-Text Articles in Law
Autism And Access To Healthcare, Amanda Forbes
Autism And Access To Healthcare, Amanda Forbes
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Building A Strong And Diverse Workforce? Consider Indian Preference, In The Private Sector, Carol Mayo Cochran
Building A Strong And Diverse Workforce? Consider Indian Preference, In The Private Sector, Carol Mayo Cochran
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Trading Your Child’S Privacy Rights For Views And Sponsorships, Angel Guarneros
Trading Your Child’S Privacy Rights For Views And Sponsorships, Angel Guarneros
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Black Maternal Mortality Rate: Improving Outcomes For Black Mothers Using Legislation That Reverses The Effects Of Structural Racism In Medicine, Ashley Pattain
Black Maternal Mortality Rate: Improving Outcomes For Black Mothers Using Legislation That Reverses The Effects Of Structural Racism In Medicine, Ashley Pattain
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Policy Concern For Disabled Individuals With Service Dogs, Beth Carmain
Policy Concern For Disabled Individuals With Service Dogs, Beth Carmain
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
A Pleasure To Burn: How First Amendment Jurisprudence On Book Banning Bolsters White Supremacy, Amy Anderson
A Pleasure To Burn: How First Amendment Jurisprudence On Book Banning Bolsters White Supremacy, Amy Anderson
Mitchell Hamline Law Review
No abstract provided.
Preempting State Prevention: How Fda Regulation Ensures Access To Abortion Medication, Jared Shea
Preempting State Prevention: How Fda Regulation Ensures Access To Abortion Medication, Jared Shea
Mitchell Hamline Law Review
No abstract provided.
Witnessed From The Justice Bus: Covid Drove Equal Justice Off The Road, But Technology Grabbed The Wheel And Is Steering Us Into The Future, Jude Schmit, Rachel Albertson
Witnessed From The Justice Bus: Covid Drove Equal Justice Off The Road, But Technology Grabbed The Wheel And Is Steering Us Into The Future, Jude Schmit, Rachel Albertson
Mitchell Hamline Law Review
No abstract provided.
From Banned Books To Mail Censorship, Free Speech All But Ends At The Prison Doors, Meghan Holden
From Banned Books To Mail Censorship, Free Speech All But Ends At The Prison Doors, Meghan Holden
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Reforming Sexual Health Education In Minnesota Schools: An Evidence-Based Approach, Antonia Kurtz
Reforming Sexual Health Education In Minnesota Schools: An Evidence-Based Approach, Antonia Kurtz
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Weed The People: Trademarking Rights In The Marijuana Industry, Ryan Christen
Weed The People: Trademarking Rights In The Marijuana Industry, Ryan Christen
Cybaris®
No abstract provided.
What Protections Are Available To Graffiti Artists?, Molly Lamovec
What Protections Are Available To Graffiti Artists?, Molly Lamovec
Cybaris®
No abstract provided.
The Demand Side Of Sex Trafficking In Minnesota: The Who, Where, And Why—And What We Can Do About It, Erinn B. Valine
The Demand Side Of Sex Trafficking In Minnesota: The Who, Where, And Why—And What We Can Do About It, Erinn B. Valine
Mitchell Hamline Law Review
No abstract provided.
Fifty Years After The Consumer Credit Protection Act: The High Price Of Wage Garnishment, Faith Mullen
Fifty Years After The Consumer Credit Protection Act: The High Price Of Wage Garnishment, Faith Mullen
Mitchell Hamline Law Review
No abstract provided.
From Poverty To Personhood: Gideon Unchained, Ken Strutin
From Poverty To Personhood: Gideon Unchained, Ken Strutin
Mitchell Hamline Law Review
No abstract provided.
Mentally Ill, Or Mentally Ill And Dangerous?: Rethinking Civil Commitments In Minnesota, Eliot T. Tracz
Mentally Ill, Or Mentally Ill And Dangerous?: Rethinking Civil Commitments In Minnesota, Eliot T. Tracz
Mitchell Hamline Law Journal of Public Policy and Practice
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.
Convicting Juveniles To Life Without Parole, Bradford Colbert, Alex Baker Kroeger
Convicting Juveniles To Life Without Parole, Bradford Colbert, Alex Baker Kroeger
Mitchell Hamline Law Review
No abstract provided.
Justiciability Of State Law School Segregation Claims, Will Stancil, Jim Hilbert
Justiciability Of State Law School Segregation Claims, Will Stancil, Jim Hilbert
Mitchell Hamline Law Review
No abstract provided.
Fostering Client Altruism And The Common Good In The Practice Of Law: Learning From Emerging Movements In Business And Economics, Ann Juergens, Diane Galatowitsch
Fostering Client Altruism And The Common Good In The Practice Of Law: Learning From Emerging Movements In Business And Economics, Ann Juergens, Diane Galatowitsch
Mitchell Hamline Law Review
No abstract provided.
Charter Schools And School Desegregation Law, Will Stancil
Charter Schools And School Desegregation Law, Will Stancil
Mitchell Hamline Law Review
No abstract provided.
Where Sex Offender Registration Laws Miss The Point: Why A Return To An Individualized Approach And A Restoration Of Judicial Discretion In Sentencing Will Better Serve The Governmental Goals Of Registration And Protect Individual Liberties From Unnecessary Encroachments, Justin P. Rose
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
A Call To Cultivate The Public Interest: Beyond Pro Bono, Ann Juergens, Diane Galatowitsch
A Call To Cultivate The Public Interest: Beyond Pro Bono, Ann Juergens, Diane Galatowitsch
Faculty Scholarship
This essay asserts that incorporation of the public's interests in lawyers' daily work is an essential responsibility of the profession. The Preamble to the Model Rules of Professional Conduct frames this lawyers' duty as that of a "public citizen having special responsibility for the quality of justice." Yet the modem legal profession has reduced "public interest" practice to work that is done for no or almost no fee. The transformation of lawyer from public citizen to servant of mostly private interests has taken place over the last thirty-five years, following the legal profession's embrace of pro bono work by volunteer …
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 …
Foreword: Poverty Law Issue, Ann Juergens
Foreword: Poverty Law Issue, Ann Juergens
Faculty Scholarship
This Poverty Law Issue provides testimony as to why and how the legal profession, the government, and society can better provide justice for people of small means. Overall, this Poverty Law Issue contributes to understanding how we may ensure that the difficulty of poverty borne by our fellow citizens does not become compounded by injustice. For when justice is compromised for one group, its integrity as a whole may rightly be questioned.
Minnesota: Leading The Way On Canadian Prescription Medicine Importation, Kevin Goodno, Karen Janisch
Minnesota: Leading The Way On Canadian Prescription Medicine Importation, Kevin Goodno, Karen Janisch
William Mitchell Law Review
In the United States, about $160 billion is spent on prescription medicines each year, with Minnesotans spending about $3 billion. The costs of prescription medicines receive so much attention in large part because, although prescription medicine costs constitute only 10.5% of total health care spending, they account for 23% of the total out-of-pocket costs that people incur when purchasing health care. Minnesota has been a leader in controlling prescription medicine costs. It has aggressively used purchasing pools when possible, and encouraged the use of lower cost, generic prescription medicines when appropriate. Even with these efforts to control costs, prescription medicines …
Note: A Painful Catch-22: Why Tort Liability For Inadequate Pain Management Will Make For Bad Medicine, James R. Blaufuss
Note: A Painful Catch-22: Why Tort Liability For Inadequate Pain Management Will Make For Bad Medicine, James R. Blaufuss
William Mitchell Law Review
Part I of this note reviews current issues relating to pain treatment. Part II examines theoretical justifications of proposed tort liability for inadequate pain management. Part III examines how pain mismanagement does not fit within traditional notions of medical malpractice. Part IV studies the issues relating to a physician’s role as “gate-keeper” for opioids and suggests why tort liability could compromise this legislatively imposed role. Part V examines the issue of pain management in the context of end-of-life care. Part VI discusses current shifts in pain management philosophies and explains how these movements will effectuate the changes suggested by advocates …
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 …
Off-Label Use And The Medical Negligence Standard Under Minnesota Law, Cynthia A. Moyer
Off-Label Use And The Medical Negligence Standard Under Minnesota Law, Cynthia A. Moyer
William Mitchell Law Review
Who decides whether a drug can be used off-label and under what circumstances? If a physician decides to prescribe a drug off-label, what legal issues, if any, should the physician be aware of? With the increased practice of prescribing drugs for off-label use, coupled with a somewhat dated and incomplete medical negligence standard in Minnesota, the intersection of the off-label use doctrine with Minnesota’s medical negligence standard is ripe for review. This article examines the off-label use doctrine and the medical negligence standard under Minnesota law. First, the article examines what the phrase “off-label use” means. Next, the article explores …
Foreword: The State Of America’S Health Care System, Tommy G. Thompson
Foreword: The State Of America’S Health Care System, Tommy G. Thompson
William Mitchell Law Review
Thanks to technology, innovation, and creative entrepreneurs, Americans in the twenty-first century enjoy a wide variety of products and services that would astonish previous generations. Many of these innovations allow them to prevent, treat, cure, and recover from serious injuries and diseases that were once fatal. While medical knowledge and technology have surged ahead, some parts of the health care industry are still struggling to catch up. These include the ability to keep patient records up to date, prevent medical errors, and compensate patients promptly and fairly when errors do occur. The U.S. Department of Health and Human Services continues …