Law Commons^™

Radical Imagination: Fostering Community In Legal Education, Adrienne Baker

Student Scholarship

Study after study alerts us to concerns about law student wellbeing. Statistics are staggering, and law students are more likely to become anxious, depressed, and turn to substance abuse. Self-care is framed as an antidote, but the individual responsibility is still placed on the student. Rather, the issue is better resolved upstream.

Law schools must transgress and transform; they must reimagine their function. This article reflects on law school pedagogy and simple ways to build community in the classroom as well as school-wide administrative suggestions to promote law student wellbeing.

Covid-19 And The Caregiving Crisis: The Rights Of Our Nation's Social Safety Net And A Doorway To Reform, Leanne Fuith, Susan Trombley

Faculty Scholarship

In March 2020, the United States declared a pandemic due to the global Covid-19 virus. Across the nation and within a matter of days, workplaces, schools, childcare, and eldercare facilities shuttered. People retreated to their homes to shelter-in-place and slow the spread of the virus for what would become a much longer time than most initially anticipated. Now, more than a year into the pandemic, many professional and personal lives have been upended and become inextricably intertwined. Work is now home, and home is now work. Work is completed at all times of day and well into the night. Children …

Adr Empirical Research Studies (Summer 2013-Fall 2022), James Coben, Donna Stienstra

ADR Empirical Research Studies

No abstract provided.

Growing Burdens On Abortion Rights: An Individual Freedom During Covid-19 And Changing Judicial Interpretation, John Simpson

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Reforming Sexual Health Education In Minnesota Schools: An Evidence-Based Approach, Antonia Kurtz

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Now The Border Is Everywhere: Why A Border Search Exception Based On Race Can No Longer Stand, Sarah Houston

Mitchell Hamline Law Review

No abstract provided.

The Search For Answers: Overcoming Chaos And Inconsistency In Addressing The Opiod Crisis, John Kip Cornwell

Mitchell Hamline Law Review

No abstract provided.

Criminal Law: Incompatible Approaches To Interpreters’ Translations: Protecting Defendants’ Right To Confront — State V. Lopez-Ramos, 929 N.W.2d 414 (Minn. 2019)., Alicia Neumann

Mitchell Hamline Law Review

No abstract provided.

The Forensic Interviewer At Trial: Guidelines For The Admission And Scope Of Expert Testimony Concerning A Forensic Interview In A Case Of Child Abuse (Revised And Expanded), Victor I. Vieth

Mitchell Hamline Law Review

No abstract provided.

Antisemitism, Near, And A Threshold For Ignominy, Anthony Winer

Mitchell Hamline Law Review

No abstract provided.

Correction Of Monumental Judicial Malpractice: The Case For Clearing Secessionist And Slaveholding Symbols Of "Justice" From The Courthouse, Michael J. Pastrick Esq.

Mitchell Hamline Law Review

No abstract provided.

The $2 Billion-Plus Price Of Injustice: A Methodological Map For Police Reform In The George Floyd Era, David Schultz

Mitchell Hamline Law Review

No abstract provided.

The Means And Ends Of Wellness Programs, Laura D. Hermer

Faculty Scholarship

How far should we go in assigning individuals causal responsibility for their own health status and what should the implications of any such assignment be?

Few would deny that most adults have a major role in achieving and maintaining their own health. However, it is not at all clear where one should draw the line between what is freely chosen and what is determined by forces outside a person’s control. Medical care plays only a small role in most people’s overall health, and often social, environmental, and personal factors are far more important. Incentivizing an individual to take better care …

Skirting The Law: Medicaid Block Grants And Per-Capita Caps In A Pandemic, Laura D. Hermer

Faculty Scholarship

To what extent can an administration abridge Medicaid’s entitlement status by administrative fiat? In the final year of the Trump administration, just before the COVID-19 pandemic, the Centers for Medicare and Medicaid Services (CMS) sought to push the outer bounds of this question by announcing the Healthy Adult Opportunity (HAO) initiative. It invited states to submit § 1115 demonstration applications to cover individuals not eligible for Medicaid benefits under the state’ s Medicaid plan—meaning, in many cases, the Affordable Care Act’s (ACA’s) Medicaid expansion population. Spending on those populations would be capped, not by purporting to waive federal law regarding …

Mediation: Embedded Assumptions Of Whiteness?, Sharon Press, Ellen E. Deason

Faculty Scholarship

This article attempts to uncover some of the systemic ways in which white supremacy is expressed in the practice of mediation in the United States with the goal of inspiring additional conversations and deeper attention to these issues by scholars and practitioners in the field of dispute resolution. Our methodology is to apply the themes in Layla F. Saad’s book, Me and White Supremacy: Combat Racism, Change the World, and Become a Good Ancestor (2020). We use the lenses of tone policing, color-blindness, racial stereotyping, anti-blackness, white silence, and white supremacy to reflect on the following aspects of mediation: communication …

And What Of The “Black” In Black Letter Law?: A Blaqueer Reflection, T. Anansi Wilson

Faculty Scholarship

This is a reflective, analytical essay remarking on the role that Blackness has and continues to play in the construction, understanding and application of "black letter law." This essay is written from a Black and BlaQueer perspective and displays how a shift in standpoint--moving from the invisible, standard white "reasonable person"--underscores and illuminates the current legal and sociopolitical crisis we find ourselves in. It is continuation of the discussion began in my earlier articles "Furtive Blackness: On Blackness & Being," "The Strict Scrutiny of Black and BlaQueer Life" and the working paper "Sexual Profiling & BlaQueer Furtivity: BlaQueers On The …

Time To Mail It In? A Survey Of 2020 Voting Rights Issues In Arkansas And Recommendations For More Inclusive Elections, Kim Vu-Dinh

Faculty Scholarship

The highly contagious COVID-19 pandemic, combined with over fifty lawsuits brought by former President Donald Trump, made the general election of 2020 one of the most controversial in the history of the United States. Accusations of voter disenfranchisement proliferated across the nation and were initiated by members of both sides of the political spectrum, even before Election Day. Arkansas was no exception to this rule. In 2020, multiple Arkansas lawsuits highlighted the weaknesses of the state’s voter infrastructure, particularly with regard to the absentee ballot process. Voting-by-mail was particularly important in the pandemic year when long lines became a public …

Black Livelihoods Matter: Capitalist Myths Of Economic Efficiency In Racist Lending Policies (A Prologue And A Plea), Kim Vu-Dinh

Faculty Scholarship

No abstract provided.

Designing A State Court Small Claims Odr System: Hitting A Moving Target In New York During A Pandemic, David Allen Larson

Faculty Scholarship

When I began helping the New York State Unified Court System design a pilot online dispute resolution (“ODR”) system back in October 2016, I never imagined more than four years would pass before a system was implemented. One reason our journey was so long is because our target kept moving. After completing a detailed credit card debt collection ODR platform, we had to change direction before implementation and focus instead on small claims cases. Then like the rest of the world, we suddenly had to deal with the COVID-19 pandemic. Although it took longer than anticipated, we achieved our goal …

The Trade Secrecy Standard For Patent Prior Art, Sharon Sandeen, Camilla A. Hrdy

Faculty Scholarship

A fundamental criterion of patentability is that an invention must be new as compared to the prior art—the corpus of preexisting knowledge and technology already available to the public. If an invention is in the prior art, or rendered obvious by it, it cannot be patented.

The U.S. Patent Act has traditionally envisioned a categorical approach for deciding what counts as prior art. Under this approach, courts are supposed to decide whether a particular disclosure about the invention (a reference) falls within one of the categories listed in Section 102 of the Patent Act, such as “described in a printed …

Mitchell Hamline School Of Law Summer 2020 Covid-19 Legal Response Clinic, Natalie Netzel, Ana Pottratz Acosta, Joanna Woolman, Kate Kruse, Jon Geffen

Faculty Scholarship

This essay is a reflection on lawyering in a time of crisis. It details the Mitchell Hamline School of Law Clinical Faculty’s response to the community needs resulting from the COVID-19 pandemic by creating the COVID-19 Legal Response Clinic. It also recounts the impact of the murder of George Floyd and the long overdue national reckoning with systemic racism, sparked in our city. Additionally, against this backdrop, it examines the trauma-informed approach taken in clinical work and the classroom to help students process their own trauma and apply this approach in their work with clients.

Amid these concurrent crises in …

Minority Oppression And The Llc: Manere V. Collins, The Uniform Act, And Comment 701, Daniel S. Kleinberger

Faculty Scholarship

For many decades, the law of closely-held businesses was the law of closely-held corporations. For entrepreneurs and attorneys, the corporate liability shield was the key desideratum, and before the advent of limited liability companies the corporation was essentially the only game in town. Unfortunately, for many decades the liability shield came with a potentially dangerous price for minority owners. The traditional corporate norms of majority rule, coupled with the minority shareholders’ inability to exit the enterprise, empowered majority shareholders to “oppress” minority shareholders or defeat such shareholders’ “reasonable expectations.” The “lock-in” phenomenon compounds the minority’s vulnerability; it is …

Moving Ahead: Finding Opportunities For Transactional Training In Remote Legal Education, Jen Randolph Reise

Mitchell Hamline Law Review

No abstract provided.

Covid-19, Abortion, And Public Health In The Culture Wars, Laura D. Hermer

Mitchell Hamline Law Review

No abstract provided.

The Supreme Court’S Worst Decision In Recent Years – Garcetti V. Ceballos, The Dred Scott Decision For Public Employees, David L. Hudson Jr.

Mitchell Hamline Law Review

No abstract provided.

Gamble V. United States: Military Justice In Absence Of Double Jeopardy, Kelsi B. White

Mitchell Hamline Law Review

No abstract provided.

Designing Children: Tort Liability For Medical Providers In The Era Of Crispr/Cas-9 Geneticc Editing, Sarah Roa

Mitchell Hamline Law Review

No abstract provided.

Playing God: Faulty Decision-Making In Medical Futility Disputes, C. Scott Sergeant

Mitchell Hamline Law Review

No abstract provided.

Improving Police Officer Accountability In Minnesota: Three Proposed Legislative Reforms, Jim Hilbert

Mitchell Hamline Law Review

No abstract provided.

Minnesota's System Of Justice By Geography In Child Protection Proceedings: Base Issues In Minnesota's Parental Representation Scheme And In The Discretionary Appointment Of Counsel Under Section 260c.163., Samantha Zuehlke

Mitchell Hamline Law Review

No abstract provided.