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2017

Mitchell Hamline School of Law

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Articles 1 - 30 of 59

Full-Text Articles in Law

The India Patent System: A Decade In Review, Vindhya S. Mani, Divyanshu Srivastava, Mukundan Chakrapani, Jay Erstling Jan 2017

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 Jan 2017

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 Jan 2017

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.


Combating For-Profit Education’S Use Of Erroneous, Deceptive,And Misleading Practices Against Veterans And The Gi Bill, Luke R. Nelson Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

Like Great Britain, A Limited Liability Company May Have An Unwritten Constitution, Daniel S. Kleinberger

Faculty Scholarship

No abstract provided.


Don’T Dabble In Delaware, Daniel S. Kleinberger Jan 2017

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 Jan 2017

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."


From Warren To Burger: Race Relations Inside The Court, Robert Fabrikant Jan 2017

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 Jan 2017

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 Jan 2017

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.


An Expansive Leap: The Grain Inspection, Packers And Stockyards Administration’S Unjustified Attempt To Grow The Packers And Stockyards Act, Matthew Berger, Christopher Bowler Jan 2017

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 Minnesota Stand Down Model: Bringing Stand Down Courtsto Rural Communities, Sara Sommarstrom Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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.


A Little Less Regulation: Why Federal Pain Management Laws Are Hurting State Efforts To Combat The Opioid Epidemic, Michael Waldrop Jan 2017

A Little Less Regulation: Why Federal Pain Management Laws Are Hurting State Efforts To Combat The Opioid Epidemic, Michael Waldrop

Mitchell Hamline Law Review

No abstract provided.


Affirming A Pragmatic Development Of Tribal Jurisprudential Principles, Todd R. Matha Jan 2017

Affirming A Pragmatic Development Of Tribal Jurisprudential Principles, Todd R. Matha

Mitchell Hamline Law Review

No abstract provided.


“Animals May Take Pity On Us”: Using Traditional Tribal Beliefs To Address Animal Abuse And Family Violence Within Tribal Nations, Sarah Deer, Liz Murphy Jan 2017

“Animals May Take Pity On Us”: Using Traditional Tribal Beliefs To Address Animal Abuse And Family Violence Within Tribal Nations, Sarah Deer, Liz Murphy

Mitchell Hamline Law Review

No abstract provided.


The Craft Brewing Boom And Minnesota's Three-Tier System: The Case For Change, Jeffrey C. O'Brien Jan 2017

The Craft Brewing Boom And Minnesota's Three-Tier System: The Case For Change, Jeffrey C. O'Brien

Mitchell Hamline Law Review

No abstract provided.


Creating The Lawyer As Business Leader, Leanne Fuith Jan 2017

Creating The Lawyer As Business Leader, Leanne Fuith

Mitchell Hamline Law Review

No abstract provided.


Think Like A Lawyer, Act Like A Mogul: Tackling Practical Business Problems In A Changing Legal Landscape, Kathleen Harrell-Latham, Daniel Spicer Jan 2017

Think Like A Lawyer, Act Like A Mogul: Tackling Practical Business Problems In A Changing Legal Landscape, Kathleen Harrell-Latham, Daniel Spicer

Mitchell Hamline Law Review

No abstract provided.


Introduction: Exploring The Lawyer As Business Leader, Louis Ainsworth, Joey Balthazor Jan 2017

Introduction: Exploring The Lawyer As Business Leader, Louis Ainsworth, Joey Balthazor

Mitchell Hamline Law Review

No abstract provided.


#Protestersrightsmatter: The Case Against Increased Criminal Penalties For Protesters Blocking Roadways, Caroline M. Moos Jan 2017

#Protestersrightsmatter: The Case Against Increased Criminal Penalties For Protesters Blocking Roadways, Caroline M. Moos

Mitchell Hamline Law Journal of Public Policy and Practice

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 Jan 2017

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.


The Law Of Rules, Cory Marsolek Jan 2017

The Law Of Rules, Cory Marsolek

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Juvenile Or Adult? Lost In Interpretation: The Split On Interpreting A “Prior Record” Under The Federal Juvenile Delinquency Act, Ashley N. Longcor Jan 2017

Juvenile Or Adult? Lost In Interpretation: The Split On Interpreting A “Prior Record” Under The Federal Juvenile Delinquency Act, Ashley N. Longcor

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Blowing Past Minnesota Nice: New Opportunities Arise To Utilize Disparate-Impact Theory And Practice In Twin Cities Low-Income Housing Discrimination Litigation, Anne M. Robertson Jan 2017

Blowing Past Minnesota Nice: New Opportunities Arise To Utilize Disparate-Impact Theory And Practice In Twin Cities Low-Income Housing Discrimination Litigation, Anne M. Robertson

Mitchell Hamline Law Review

No abstract provided.