Law Commons^™

Resolving Divisive Social Issues: A Case Study Of The Minnesota Child Custody Dialogue, Mariah Levison

Mitchell Hamline Law Review

No abstract provided.

Foreword, Lorie Skjerven Gildea

Mitchell Hamline Law Review

No abstract provided.

Foreword, Fayneese Miller

Mitchell Hamline Law Review

No abstract provided.

Copyrighting Tattoos: Artist Vs. Client In The Battle Of The (Waiver) Forms, Brayndi L. Grassi

Mitchell Hamline Law Review

No abstract provided.

The Performance Right—A World In Transition, Todd Brabec

Mitchell Hamline Law Review

No abstract provided.

A New Beginning, Gwen M. Lerner

Mitchell Hamline Law Review

No abstract provided.

Work Drive Matters: An Assessment Of The Relationship Between Law Students' Work-Related Preferences And Academic Performance, Jeffrey J. Minneti

Mitchell Hamline Law Review

No abstract provided.

Criminal Law: Your Body Is Not Your Temple—State V. Bernard, Adrian S. Lafavor-Montez

Mitchell Hamline Law Review

No abstract provided.

Nonmoral Theoretical Disagreement In Law, Alani Golanski

Mitchell Hamline Law Review

No abstract provided.

A Contemporary Model For Using Teaching Assistants In Legal Writing Programs, Patricia Grande Montana

Mitchell Hamline Law Review

No abstract provided.

Civil Procedure: Statutory Interpretation: Compensating For Ambiguities In The Workers' Compensation Act—Schmitz V. U.S. Steel Corp., Megan L. Odom

Mitchell Hamline Law Review

No abstract provided.

Property Law: The Crossroads Of Capacity And Livability: A Green Light To Neighborhood Opposition As A Factual Basis For Denying Conditional Use Permits—Rdnt, Llc V. City Of Bloomington, Diane B. Galatowitsch

Mitchell Hamline Law Review

No abstract provided.

Contracts: A Question Of Consideration: Medical Staff Bylaws As An Enforceable Contract—Medical Staff Of Avera Marshall Regional Medical Center V. Avera Marshall, Alexander Hsu

Mitchell Hamline Law Review

No abstract provided.

Constitutional Law: Hey, That's My Trash! Warrantless Searches Of Garbage Under The Minnesota Constitution—State V. Mcmurray, Lauren M. Hoglund

Mitchell Hamline Law Review

No abstract provided.

The Execution Of An Arbitration Provision As A Condition Precedent To Medical Treatment: Legally Enforceable? Medically Ethical?, Marc D. Ginsberg

Mitchell Hamline Law Review

No abstract provided.

Improving Insanity Aftercare, Amanda Joy Peters, Indira Azizi Lex

Mitchell Hamline Law Review

No abstract provided.

A Prisoner's Dilemma: The Eighth Circuit's Application Of Heck V. Humphrey To Released Prisoners, Tyler Eubank

Mitchell Hamline Law Review

No abstract provided.

Enabling The Disabled: A Proposed Framework To Reduce Discrimination Against Forensic Disability Clients Requiring Access To Programs In Prison, Astrid Birgden

Mitchell Hamline Law Review

No abstract provided.

A Prosecutor's Comment On Mental Health Court——Realizing The Goal Of Long-Term Public Safety, Karen A. Kugler

Mitchell Hamline Law Review

No abstract provided.

Hennepin County Criminal Mental Health Court: Experiences In A Large Metropolitan Mental Health Court, Kerry Meyer

Mitchell Hamline Law Review

No abstract provided.

The Problem Of Appropriations Riders: The Bipartisan Budget Bill Of 2013 As A Case Study, Irene Scharf

Mitchell Hamline Law Review

No abstract provided.

The Role Of States In Shaping The Legal Debate On Medical Marijuana, Florence Shu-Acquaye

Mitchell Hamline Law Review

No abstract provided.

Trademarks And Brands In 3d Printing, Tabrez Y. Ebrahim

Faculty Scholarship

No abstract provided.

Correlates Of Ethical Sensitivity And Reasoning And Their Potential Influence On Accounting Education, Michael Francis Ruff

2016

This dissertation consists of three studies investigating the impact of accounting ethics interventions on graduate students in accountancy. This dissertation relies primarily on neo-Kohlbergian theory and Rest’s framework of ethical behavior (Rest 1979, 1986) because this framework has figured prominently in the body of accounting and auditing research on ethics and professionalism.

The first study reviews and synthesizes the current state of the literature regarding accounting ethics. This literature review starts with definitions and follows with a history and evolution of ethics theories, with an emphasis on neo-Kohlbergian theory, Rest’s Four Component Model of ethical behavior, the Defining Issues Test …

An Overview Of The Sec's Whistleblower Award Program, Michael H. Hurwitz, Jonathan Kovacs

Fordham Journal of Corporate & Financial Law

In 2010, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act in response to the stock market collapse and economic downturn as well as the Bernard Madoff scandal and other well-publicized frauds perpetrated against investors. Among its numerous provisions, the Dodd-Frank Act amended the Securities Exchange Act of 1934 to add a new section—Section 21F—entitled “Securities Whistleblower Incentives and Protection.” The Dodd- Frank Act also directed the Securities and Exchange Commission to establish an Office of the Whistleblower to administer the provisions of the new section. The Commission subsequently adopted regulations that went into effect on August 12, …

'And Ain't I A Woman?': Feminism, Immigrant Caregivers, And New Frontiers For Equality, Shirley Lin

Elisabeth Haub School of Law Faculty Publications

This Article argues that feminist and other critical legal theories can address the profound inequalities that immigrant workers face. Part I draws from a body of feminist, political, and social science theories regarding social reproduction to assess the situation of immigrant domestic workers and their recent efforts to claim inclusion in workplace laws and protections. It locates the increasingly carceral dynamics that are expressed in the law and in state infrastructure and continuously undermine immigrant women's economic and social stability, as explained in further detail in Parts L.A and I.B.2, infra. Unbeknownst to many, the present period is the most …

The Wrongheadedness Of The Poms Pooled Trust Rules And An Unfortunate But Recently Noted Chinese Parallel, Thomas Simmons

Faculty Publications

Supplemental needs trusts of the pooled trust variety have offered important dignity-enhancing protections for individuals with disabilities for several decades. A pooled trust, properly structured according to Congressional requirements, allows the wealth of an individual with disabilities to be overseen by an independent third party trustee, supplementing without displacing means-tested government programs like Medicaid and Supplemental Security Income. Beginning in 2012, the Social Security Administration imposed new burdensome requirements on pooled trusts through its informal POMS manual. Those new requirements have intentionally or unintentionally eliminated as a practical matter the availability of pooled trusts in many states. This unfortunate result …

Wills Above Ground, Thomas Simmons

Faculty Publications

The widespread adoption of electronic court filing systems allow for easier and more efficient views of the rich data of probate proceedings. Wills Law on the Ground by Professor David Horton, published in the UCLA Law Review, highlights both the potential and some of the inherent limitations of empirical research in the law of wills. Wills law has been the battleground of formalists and functionalists over the last half century, with both sides bearing the banner of testator intent, but neither backing up their proposals or counterproposals with much hard data about which better achieves their common aim. Professor Horton …

When Popular Decisions Rest On Shaky Foundations: Systemic Implications Of Selected Wto Appellate Body Trade Remedies Jurisprudence, Meredith Kolsky Lewis

Contributions to Books

Published as Chapter 9 in International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita, Julien Chaisse & Tsai-yu Lin, eds.

This chapter argues that the WTO Appellate Body has not been consistent in applying Article 31 of the VCLT and considering the context of the relevant treaty text in light of its object and purpose. It has instead either been overly mechanistic in its textual interpretation or has strayed from the text, sometimes with the appearance of preferring an outcome-based result. Part I of the chapter discusses the appropriate role context should play in interpreting the WTO agreements. …

Becoming What We Are: Virtue And Practical Wisdom As Natural Ends, Keith Buhler

Theses and Dissertations--Philosophy

This dissertation is about ethical naturalism. Philippa Foot and John McDowell both defend contemporary neo-Aristotelian ethics but each represents a rival expression of the same. They are united in the affirmation that virtue is ‘natural goodness’ for human beings. Nevertheless, they are divided in their rival conceptions of ‘nature.’ McDowell distinguishes second nature or the "space of reasons" from first nature or the “realm of law.” Foot rejects this division.

On Foot's naturalism, natural goodness is just as much a feature of first nature as health is, even though human practical reasoning is unique in the biological world. I defend …