Law Commons^™

The Relationship Between Employment Agreements And Trade Secret Litigation In Minnesota: The Evolution Of Trade Secret Law From Cherne To Electro-Craft, Patrick Garry

Faculty Publications

Employment agreements have a significant impact on trade secret litigation. Minnesota common law provides two causes of action for employers seeking to protect trade secrets: breach of contract and tort misappropriation. The Uniform Trade Secrets Act, enacted in Minnesota in 1980, now provides employers with an independent tort cause of action for trade secret misappropriation. This Article examines the evolution of trade secret case law in Minnesota, the effect of the Uniform Act, and the recent decision of the Minnesota Supreme Court in Electro-Craft Corp. v. Controlled Motion, Inc. It concludes that properly drafted employment agreements are essential for an …

Expert Discovery Under Federal Rule 26(B)(4): An Empirical Study In South Dakota, David Day

Faculty Publications

No abstract provided.

The Ordinary Witness Doctrine: Discovery Of The Pre-Retention Knowledge Of A Nonwitness Expert Under Federal Rule 26(H)(4)(B), David Day

Faculty Publications

No abstract provided.

Defining "Legitimacy" In Disparate Treatment Cases: Motivational Inferences As A Talisman For Analysis, Mack Player

Faculty Publications

No abstract provided.

Applicants, Applicants In The Hall, Who's The Fairest Of Them All? Comparing Qualifications Under Employment Discrimination Law, Mack Player

Faculty Publications

No abstract provided.

Jurisdiction And The Japanese Defendant, Robert Peterson

Faculty Publications

This article considers some of the current tactical and legal issues counsel must face in bringing the Japanese defendant into an American court. Much of the discussion is also relevant to service in other foreign countries. The article concludes with a recipe for the proper preparation of service of process which the Japanese defendant should find irresistible.

The August 1, 1983 Amendments To The Federal Rules Of Civil Procedure: A Critical Evaluation And A Proposal For More Effective Discovery Through Local Rules, Edward D. Cavanagh

Faculty Publications

(Excerpt)

The 1983 amendments to the Federal Rules of Civil Procedure (1983 amendments) represent by far the most ambitious effort to date to remedy the widely perceived problem of discovery abuse in federal practice. These amendments are designed to improve the conduct of discovery by eliminating improper practices and making discovery more cost-effective for the parties, and thereby helping the pretrial phase of an action to run more smoothly. The 1983 discovery amendments have three basic thrusts: (1) active involvement by the court in the pretrial phases of a case pursuant to rule 16; (2) recognition of specific limitations on …

The Second Death Of Federalism, William W. Van Alstyne

Faculty Publications

In 1976, in National League of Cities v. Usery, the Supreme Court distinguished acts of Congress regulating commercial relations from acts of Congress commanding the terms of state services. Last Term, in Garcia v. San Antonio Metropolitan Transit Authority, the Court abandoned the distinction and held that it was principally for Congress to determine federalism questions. In this Comment, Professor Van Alstyne criticizes the Court on both counts.

A Revue Of Books, Paul A. Lebel

Faculty Publications

As a public service, I've looked at some of the less noticed but no less significant recent publications in law. The capsule reviews that follow admittedly do not do full justice to the impressive scholarship and acute analysis displayed in these books. These reviews necessarily can be little more than an encouragement to encounter for yourself the hours of pleasure afforded by intense scrutiny of these offerings.

Polygraph And Deception Tests, Paul C. Giannelli

Faculty Publications

No abstract provided.

Firearms And Toolmark Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone

Faculty Publications

No abstract provided.

A Compendium Of Proposals To Reform The United States Courts Of Appeals, Thomas E. Baker

Faculty Publications

Judge Ginsburg has provided a judge's-eye view of the work of a United States Court of Appeals in her Dunwody Lecture.'From her perspective as a judge on the District of Columbia Circuit, she has done a fine job describing the process of deciding appellate cases and composing a reasoned decision. But simply describing" things as they are" in the decisional process will not suffice in this article for two reasons. First, Judge Ginsburg has already done that, as have other judges.

Book Review Of Solutions To Ethical And Legal Problems In Social Research, Larry I. Palmer

Faculty Publications

No abstract provided.

Blame This Messenger: Summers On Fuller, Paul A. Lebel

Faculty Publications

No abstract provided.

The Infliction Of Harm Through The Publication Of Fiction: Fashioning A Theory Of Liability, Paul A. Lebel

Faculty Publications

No abstract provided.

The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus

Faculty Publications

No abstract provided.

"Of Law And The River," And Of Nihilism And Academic Freedom, Peter W. Martin, Robert W. Gordon, Paul D. Carrington, Paul Brest, Phillip E. Johnson, William W. Van Alstyne, Guido Calabresi, Owen M. Fiss

Faculty Publications

No abstract provided.

The Article 2 Merchant Rules: Karl Llewellyn's Attempt To Achieve The Good, The True, The Beautiful In Commercial Law, Ingrid Michelsen Hillinger

Faculty Publications

No abstract provided.

Farmland Preservation, Linda A. Malone

Faculty Publications

No abstract provided.

The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone

Faculty Publications

No abstract provided.

Modern Choice Of Law And Public Policy: The Emperor Has The Same Old Clothes, John Bernard Corr

Faculty Publications

The author critically evaluates the adoption of the modern learning model in choice of law analysis. After evaluating the judiciary's use of this model in seven jurisdictions, the author concludes that the traditional learning is better suited to resolving choice of law issues.

Residency Requirements For Attorneys: Home Is Where The License Is?, Neal Devins

Faculty Publications

No abstract provided.

Religious Symbols And The Establishment Clause, Neal Devins

Faculty Publications

No abstract provided.

In Re Parochiaid: Church-State Wall Of Separation Scrutinized-Again, Neal Devins

Faculty Publications

No abstract provided.

Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins

Faculty Publications

No abstract provided.

Christmas Without Creches?: Can Private Nativity Scenes Be Banned From Public Land?, Neal Devins

Faculty Publications

No abstract provided.

The "Facts" Of Federal Subject Matter Jurisdiction, William P. Marshall

Faculty Publications

No abstract provided.

Criminal Procedure And The Conflict Of Laws, John Bernard Corr

Faculty Publications

No abstract provided.

To Bargain Or Not To Bargain: A New Chapter In Work Relocation Decisions, B. Glenn George

Faculty Publications

No abstract provided.