Law Commons^™

Using Skidmore To Dance Around The Chevron Two-Step: Sinclair Wyoming Ref. Co. V. Epa, 887 F.3d 986 (10th Cir. 2017), Aaron P.B. White

Mitchell Hamline Law Review

No abstract provided.

The Simultaneous Pursuit Of Cost Recovery And Contribution Under Cercla: Making Sense Of Cercla's Private Party Remedies In The Aftermath Of Atlantic Research, Eric A. Degroff

Mitchell Hamline Law Review

No abstract provided.

A Kafkaesque Process? Ferc Jurisdiction During Chapter 11 Bankruptcy, Richard E.B. Dornfeld, Cory J. Marsolek

Mitchell Hamline Law Review

No abstract provided.

Transportation Electrification: An Examination Of The Utility's Role, Kate Kahlert

Mitchell Hamline Law Review

No abstract provided.

Animal Rights: Time To Start Unpacking What Rights And For Whom, Jane Kotzmann, Nick Pendergrast

Mitchell Hamline Law Review

No abstract provided.

Prioritizing The Welfare Of Youth: Design Failure In Juvenile Justice And Building The Restorative Alternative, Michael Friedman

Mitchell Hamline Law Review

No abstract provided.

Putting Family First: The Need For Reform In Minnesota's Foster Care Licensing Statutes And Processes To Support Relative Placement, Joanna Woolman, Elizabeth Slama

Mitchell Hamline Law Review

No abstract provided.

Limited Liability Limited, Daniel S. Kleinberger

Faculty Scholarship

Limited liability companies went mainstream in 1988, began to capture the market for closely held businesses in 1997, and now have the lion’s share of that market. Since the advent of limited liability companies, a corporate-like liability shield, in addition to pass-through status under federal income tax law, has been one of two hallmarks of a limited liability company. Indeed, for many years courts have described the limited liability company as “a hybrid business entity [that] provides members with limited liability to the same extent enjoyed by corporate shareholders.”

The LLC shield should therefore be easy to understand: a limited …

Envisioning Indigenous Community Courts To Realize Justice In Canada For First Nations, Angelique Eaglewoman

Faculty Scholarship

Through European colonization in North America, the time-honored rule of law, or good way of life, in Indigenous communities was displaced with external forums and processes, primarily from the British juridical traditions. In contemporary Canada, the use of external laws as a tool of colonization and the injustice experienced by Aboriginal peoples in Canadian courts has been the focus of media attention, policy papers, and legal reports for decades. The Canadian justice system is viewed by many as external and a means of subjugation for First Nation, Métis and Inuit peoples. As the Canadian government has attempted to come to …

Digital Accessibility And Disability Accommodations In Online Dispute Resolution: Odr For Everyone, David Larson

Faculty Scholarship

Court systems are exploring and beginning to adopt online dispute resolution (ODR) systems, and it is critical that they make digital accessibility a priority. Even though we need to pay close attention to ODR developments in court systems, we cannot overlook the fact that there are ODR providers in the private sector whose systems also must be accessible for persons with disabilities. Plaintiffs filed more ADA Title III website accessibility lawsuits in federal court for the first six months of 2018 than in all of 2017. There were at least 1053 such lawsuits in the first six months of 2018, …

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 …

Jason’S Long Night At Camp Blood: Surveying The Independent Copyrightability Of Jason Voorhees In The Wake Of Horror Inc. V. Miller, Tim Kelly

Cybaris®

No abstract provided.

Facebook Nudes And Constitutional Feuds: How One State's Law Threatens The First Amendment, Bryan M. Kelly

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Influencing The Ftc To Update Disclosure Rules For The Social Media Era, Elizabeth A. Casale

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

The Causal Effect: Implications Of Chronic Underfunding In School Systems On The Navajo Reservation, Adriana M. Orman

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Taking A “Hard Look”: The Legality And Policy Implications Surrounding The Polymet Mine Land Transfer, Kyle Hoffmeister

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

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 “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

Mitchell Hamline Law Review

No abstract provided.

Stop In The Name Of Love: Putting An End To The Felony Prosecution Of Adolescent Sexting, Angela Bailey, Laura Heinrich

Mitchell Hamline Law Review

No abstract provided.

Achieving Diversity On Corporate Boards: Engagement And Education; Not Legislation, Leanne Fuith

Mitchell Hamline Law Review

No abstract provided.

Mass Parental Incarceration And Sentencing Reform In Minnesota, Caitlin Curry, Veronica Horowitz, Julie Matonich, Kristin Stock

Mitchell Hamline Law Review

No abstract provided.

Searching The Legacy Of The Reformation For Lutheran Responses To Modern Family Law, Marie Failinger

Faculty Scholarship

This article builds upon historical work on changes in the law of marriage, divorce and the family after the Reformation, and describes how modern Lutheran theology, formed during the Reformation, evaluates modern trends in American family law. From the key Lutheran theological insight that God is creatively ordering human activity as a partner with human beings, the Lutheran tradition approaches issues such as no-fault divorce and same-sex marriage with both trust and challenge.

What Is A Charging Order And Why Should A Business Lawyer Care?, Daniel S. Kleinberger

Faculty Scholarship

Suppose your client has a judgment from a court in state X against a shareholder of a closely held corporation organized under the law of state X. You know that your client can levy on the judgment debtor’s shares to enforce the judgment and either obtain the shares (and attendant voting and economic rights) or trigger a pre-existing buy-out agreement with the shareholders or the corporation, which will replace the judgment debtor’s shares with right to payment. The relevant civil procedures may be complicated (or even arcane), but in theory your client’s remedy is straightforward.

Now suppose that the judgment …

The Disappointing History Of Science In The Courtroom: Frye, Daubert, And The Ongoing Crisis Of “Junk Science” In Criminal Trials, Jim Hilbert

Faculty Scholarship

Twenty-five years ago, the Supreme Court decided one of the most important cases concerning the use of science in courtrooms. In Daubert v. Merrell Dow Pharmaceuticals , the Court addressed widespread concerns that courts were admitting unreliable scientific evidence. In addition, lower courts lacked clarity on the status of the previous landmark case for courtroom science, Frye v. United States. In the years leading up to the Daubert decision, policy-makers and legal observers sounded the alarm about the rise in the use of "junk science" by so-called expert witnesses. Some critics went so far as to suggest that American businesses …

Ventura V. Kyle And American Sniper; The Anatomy Of A Public Figure’S Lawsuit, Michael K. Steenson

Faculty Scholarship

Chris Kyle's book, American Sniper, detailed his exploits as a prolific Navy SEAL sniper. In a book subchapter Kyle detailed an encounter with a "Mr. Scruff Face" in a San Diego Bar. The book states that Ventura made certain statements that were demeaning of the United States and the Navy SEALS. Scruff Face was subsequently identified by Chris Kyle as Jesse Ventura, former governor of Minnesota. Ventura sued Chris Kyle for defamation, appropriation, and unjust enrichment. Relying on trial court documents, briefs, and the opinions in the case, this article probes those theories of recovery with an emphasis on the …

Evaluating The Singapore Convention Through A U.S.-Centric Litigation Lens: Lessons Learned From Nearly Two Decades Of Mediation Disuputes In American Federal And State Courts, James Coben

Faculty Scholarship

This article compares a recent five-year dataset (2013-2017) on mediation litigation trends with an earlier dataset (1999-2003) to make some general observations about mediation litigation trends over the last nineteen years, with a specific focus on enforcement of mediated settlements, the topic addressed by the Singapore Convention.

Part II of this article provides a general overview of U.S. mediation litigation trends, including a detailed description of how the databases were created and caveats about their use, a summary of raw numbers, and a review of the common mediation issues litigated in U.S. Courts. Principal conclusions include the fact that litigation …

Designing And Implementing A State Court Odr System: From Disappointment To Celebration, David Larson

Faculty Scholarship

For the past two and one-third years I have had the pleasure of working with the New York State Unified Court System to design and implement an online dispute resolution (ODR) platform. It truly has been an interesting, educational, at times character-building, and ultimately tremendously valuable experience. This article will share specific design components from the ODR platforms we proposed as well as some of the critical lessons I learned. The hope is that it will be helpful to those either contemplating, or in the process of implementing, a court integrated ODR system.

Fenrich V. The Blake School And Minnesota Tort Law: A Road Map Through Special Relationships, Misfeasance/Nonfeasance, And Duty, Mike K. Steenson

Mitchell Hamline Law Review

No abstract provided.

The Implied Promise Of A Guaranteed Education In The United States And How The Failure To Deliver It Equitably Perpetuates Generational Poverty, Anjaleck Flowers

Mitchell Hamline Law Review

No abstract provided.