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Articles 1 - 30 of 59
Full-Text Articles in Law
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 …
The India Patent System: A Decade In Review, Vindhya S. Mani, Divyanshu Srivastava, Mukundan Chakrapani, Jay Erstling
The India Patent System: A Decade In Review, Vindhya S. Mani, Divyanshu Srivastava, Mukundan Chakrapani, Jay Erstling
Cybaris®
No abstract provided.
When Individual Rights Should Tackle Unfair Commercialization: How The Transformative Use Test Should Be Tailored To Meet Evolving Technological Needs In Right Of Publicity Cases, Caitlin Kowalke
Cybaris®
No abstract provided.
How Minnesota's Reliance On Private Group Homes Impacts The Rights Of Indviduals With Disabilities, Abbie J. Thurmes
How Minnesota's Reliance On Private Group Homes Impacts The Rights Of Indviduals With Disabilities, Abbie J. Thurmes
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Why Are The Twin Cities So Segregated?, Myron Orfield, Will Stancil
Why Are The Twin Cities So Segregated?, Myron Orfield, Will Stancil
Mitchell Hamline Law Review
No abstract provided.
Unburdening The Farm: A Dormant Commerce Clause Challenge To Conflicting Standards In Agricultural Production, Bethany Gullman
Unburdening The Farm: A Dormant Commerce Clause Challenge To Conflicting Standards In Agricultural Production, Bethany Gullman
Mitchell Hamline Law Review
No abstract provided.
Combating For-Profit Education’S Use Of Erroneous, Deceptive,And Misleading Practices Against Veterans And The Gi Bill, Luke R. Nelson
Combating For-Profit Education’S Use Of Erroneous, Deceptive,And Misleading Practices Against Veterans And The Gi Bill, Luke R. Nelson
Mitchell Hamline Law Review
No abstract provided.
Unpacking Frye-Mack: A Critical Analysis Of Minnesota’S Frye-Mack Standard For Admitting Scientific Evidence, Zach Alter
Unpacking Frye-Mack: A Critical Analysis Of Minnesota’S Frye-Mack Standard For Admitting Scientific Evidence, Zach Alter
Mitchell Hamline Law Review
No abstract provided.
Elder Law & Feminism: Moving Toward Equity In Aging, Emily M. Flesch
Elder Law & Feminism: Moving Toward Equity In Aging, Emily M. Flesch
Student Scholarship
No abstract provided.
Toward A Federal Jurisprudence Of Trade Secret Law, Sharon Sandeen, Christopher B. Seaman
Toward A Federal Jurisprudence Of Trade Secret Law, Sharon Sandeen, Christopher B. Seaman
Faculty Scholarship
The May 2016 enactment of the Defend Trade Secrets Act of 2016 (DTSA), which created a new federal civil cause of action for trade secret misappropriation, raises a host of issues that federal courts will have to consider under their original subject matter jurisdiction, rather than applying state law through the courts’ diversity jurisdiction. This means that for the first time, an extensive body of federal jurisprudence will be developed to govern the civil protection and enforcement of trade secrets in the United States. In addition, due to the DTSA’s changes to the existing federal criminal law governing trade secrets, …
Like Great Britain, A Limited Liability Company May Have An Unwritten Constitution, Daniel S. Kleinberger
Like Great Britain, A Limited Liability Company May Have An Unwritten Constitution, Daniel S. Kleinberger
Faculty Scholarship
No abstract provided.
Revising Racial Patents In An Era Of Precision Medicine, Jonathan Kahn
Revising Racial Patents In An Era Of Precision Medicine, Jonathan Kahn
Faculty Scholarship
In 2006, I published an article examining the rising use of racial categories in biomedical patents in the aftermath of the successful completion of the Human Genome Project and the production of the first draft of a complete human genome. Ten years on, it now seems time to revisit the issue and consider it in light of the current era of “Precision Medicine” so prominently promoted by President Obama in his 2015 State of the Union address where he announced a $215 million proposal for the Precision Medicine Initiative as “a bold new research effort to revolutionize how we improve …
The Myth Of Uniformity In Ip Laws, Sharon Sandeen
The Myth Of Uniformity In Ip Laws, Sharon Sandeen
Faculty Scholarship
When Congress enacts federal laws, it is often because of the asserted benefits of a “uniform” law and the, often unspoken, assumption that federal laws are somehow more uniform than uniform state laws. In fact, the uniformity argument was a primary justification for the enactment of both the Defend Trade Secrets Act of 2016 and the EU Trade Secret Directive.
The quest for uniformity, particularly with respect to laws that relate to intellectual property rights, is an old story in the United States. During the drafting of the U.S. Constitution, the existence of inconsistent state laws was a central reason …
Procedural Due Process And Intramural Hospital Dispute Resolution Mechanisms: The Texas Advance Directives Act, Thaddeus Pope
Procedural Due Process And Intramural Hospital Dispute Resolution Mechanisms: The Texas Advance Directives Act, Thaddeus Pope
Faculty Scholarship
Increasingly, clinicians and commentators have been calling for the establishment of special adjudicatory dispute resolution mechanisms to resolve intractable medical futility disputes. As a leading model to follow, policymakers both around the United States and around the world have been looking to the conflict resolution provisions in the 1999 Texas Advance Directives Act (TADA).
In this article, I provide a complete and thorough review of the purpose, history, and operation of TADA. I conclude that TADA is a commendable attempt to balance the competing goals of efficiency and fairness in the resolution of these time-sensitive, life-and-death conflicts. But TADA is …
Unbefriended And Unrepresented: Better Medical Decision Making For Incapacitated Patients Without Healthcare Surrogates, Thaddeus Pope
Unbefriended And Unrepresented: Better Medical Decision Making For Incapacitated Patients Without Healthcare Surrogates, Thaddeus Pope
Faculty Scholarship
How should we make medical decisions for incapacitated patients who have no available legally-authorized surrogate decision maker? Because these patients lack decision making capacity, they cannot authorize treatment themselves. Because they lack a surrogate, nobody else can authorize treatment either. Clinicians and researchers have referred to these individuals as “adult orphans” or as “unbefriended,” “isolated,” or “unrepresented” patients. Clinicians and researchers have also described them as “unimaginably helpless,” “highly vulnerable,” and as the “most vulnerable,” because “no one cares deeply if they live or die.”
The persistent challenges involved in obtaining consent for medical treatment on behalf of these individuals …
Don’T Dabble In Delaware, Daniel S. Kleinberger
Don’T Dabble In Delaware, Daniel S. Kleinberger
Faculty Scholarship
When a litigator argues for a particular choice of law, the litigator seeks retrospectively the law most favorable to a particular claim or claims. When a business lawyer chooses a state of formation for a business entity, the lawyer seeks prospectively the governing law whose characteristics most favor the client’s interests.
Although in particular situations one characteristic may dominate, in general the business lawyer should look for governing law that is clear, comprehensive, coherent, accessible, and stable (or at least predictable). With these five metrics in mind, this column explains why lawyers forming limited liability companies should not dabble in …
Delineating The Implied Covenant And Providing For “Good Faith”, Daniel S. Kleinberger
Delineating The Implied Covenant And Providing For “Good Faith”, Daniel S. Kleinberger
Faculty Scholarship
This column considers whether an operating or partnership agreement can delineate the implied contractual obligation, comparing ULLCA and the Delaware Act, and then warns of the dangers of carelessly imposing by contract an express requirement of "good faith."
The Commodification Of Trademarks: Some Final Thoughts On Trademark Dilution, Kenneth L. Port
The Commodification Of Trademarks: Some Final Thoughts On Trademark Dilution, Kenneth L. Port
Faculty Scholarship
This article is an explication of the trend toward commodification of famous or putatively famous trademarks and the resultant urging that the FTDA be repealed. This article starts with a literature review showing that the vast majority of commentators have been severely critical of the FTDA. This has been ignored by Congress. The article next pursues Congress's blind support of the FTDA and suggests that more thought and analysis from Congress is still required. The article next explains the data regarding FTDA claims. All reported cases from 1996 through 2015 are coded and examined. The conclusion, looking at the data, …
From Warren To Burger: Race Relations Inside The Court, Robert Fabrikant
From Warren To Burger: Race Relations Inside The Court, Robert Fabrikant
Mitchell Hamline Law Review
No abstract provided.
Criminal Law: The System Is Rigged: Criminal Restitution Is Blind To The Victim's Fault—State V. Riggs, Ryan Anderson
Criminal Law: The System Is Rigged: Criminal Restitution Is Blind To The Victim's Fault—State V. Riggs, Ryan Anderson
Mitchell Hamline Law Review
No abstract provided.
Toward Systemic Equality: Reinvigorating A Progressive Application Of The Disparate Impact Doctrine, Justin D. Cummins, Beth Belle Isle
Toward Systemic Equality: Reinvigorating A Progressive Application Of The Disparate Impact Doctrine, Justin D. Cummins, Beth Belle Isle
Mitchell Hamline Law Review
No abstract provided.
Civil Procedure: Notifying Justice: "Reasonable Actual Notice" In Service Of Process—Decook V. Olmsted Medical Center, Inc., Paul Fling
Mitchell Hamline Law Review
No abstract provided.
An Expansive Leap: The Grain Inspection, Packers And Stockyards Administration’S Unjustified Attempt To Grow The Packers And Stockyards Act, Matthew Berger, Christopher Bowler
An Expansive Leap: The Grain Inspection, Packers And Stockyards Administration’S Unjustified Attempt To Grow The Packers And Stockyards Act, Matthew Berger, Christopher Bowler
Mitchell Hamline Law Review
No abstract provided.
The Effect Of Agricultural Fence Lines On Minnesota Adverse Possession Claims: A Family Legacy, Jonathan D. Wolf
The Effect Of Agricultural Fence Lines On Minnesota Adverse Possession Claims: A Family Legacy, Jonathan D. Wolf
Mitchell Hamline Law Review
No abstract provided.
The Practitioner’S Guide To Due Process Issues In Veteranstreatment Courts, Evan C. Tsai
The Practitioner’S Guide To Due Process Issues In Veteranstreatment Courts, Evan C. Tsai
Mitchell Hamline Law Review
No abstract provided.
The Minnesota Stand Down Model: Bringing Stand Down Courtsto Rural Communities, Sara Sommarstrom
The Minnesota Stand Down Model: Bringing Stand Down Courtsto Rural Communities, Sara Sommarstrom
Mitchell Hamline Law Review
No abstract provided.
Reasonable Interpretation, Unreasonable Results? Howmandated Government Set-Asides For Veteran-Ownedbusinesses Is A Win-Loss Proposition—Kingdomwaretechnologies, Inc. V. United States, Benjamin M. Kline
Mitchell Hamline Law Review
No abstract provided.
Traditional Problems: How Tribal Same-Sex Marriage Bans Threaten Tribal Sovereignty, Marcia Zug
Traditional Problems: How Tribal Same-Sex Marriage Bans Threaten Tribal Sovereignty, Marcia Zug
Mitchell Hamline Law Review
No abstract provided.
Property: A Missed Opportunity: Minnesota Supreme Court Shies Away From Clarifying The Discovery Rule To Toll The Statute Of Limitations In Construction-Defect Litigation—328 Barry Avenue, Llc V. Nolan Property Group, Llc, Sonali Garg
Mitchell Hamline Law Review
No abstract provided.
Public Stand-Off: The Wisconsin State Legislature V. Milwaukee Public Schools And Takings Of Public Property By Public Entities, Corey R. Hoze
Public Stand-Off: The Wisconsin State Legislature V. Milwaukee Public Schools And Takings Of Public Property By Public Entities, Corey R. Hoze
Mitchell Hamline Law Review
No abstract provided.