William Mitchell law review最新文献

{"title":"The Unfulfilled Promise of Law Schools to Prepare Students for the Practice of Law: An Empirical Study Demonstrating the Effectiveness of General Law School Curriculum in Preparing Lawyers for the Practice of Law","authors":"John O. Sonsteng, Leigha Lattner, Emily A. Parks, David Camarotto","doi":"10.4324/9781315563244-11","DOIUrl":"https://doi.org/10.4324/9781315563244-11","url":null,"abstract":"","PeriodicalId":83518,"journal":{"name":"William Mitchell law review","volume":"40 1","pages":"2"},"PeriodicalIF":0.0,"publicationDate":"2017-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46896055","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Minnesota Bounties on Dakota Men During the US-Dakota War","authors":"Colette Routel","doi":"10.2139/SSRN.2334923","DOIUrl":"https://doi.org/10.2139/SSRN.2334923","url":null,"abstract":"The U.S.-Dakota War was one of the formative events in Minnesota history, and despite the passage of time, it still stirs up powerful emotions among descendants of the Dakota and white settlers who experienced this tragedy. Hundreds of people lost their lives in just over a month of fighting in 1862. By the time the year was over, thirty-eight Dakota men had been hanged in the largest mass execution in United States history. Not long afterwards, the United States abrogated its treaties with the Dakota, confiscated their reservations along the Minnesota River, and forced most of the Dakota to remove westward. While dozens of books and articles have been written about these events, scholars have largely ignored an important legal development that occurred in Minnesota during the following summer. The Minnesota Adjutant General, at the direction of Minnesota Governors Alexander Ramsey and Henry Swift, issued a series of orders offering rewards for the killing of Dakota men found within the State. The first order authorized the creation of a corps of volunteer scouts that would scour the \"Big Woods\" in search of Dakota men. They were to be paid not only a daily wage, but an additional $25 for each scalp they were able to provide the Adjutant General's Office. Subsequent orders permitted individual citizens who were not part of the volunteer corps to claim up to $200 for proof that they had killed a Dakota. These bounty orders remained in effect until at least 1868, when their constitutionality was finally questioned by the Minnesota Supreme Court in State v. Gut. Minnesota was not the only state that placed a bounty on their Indian inhabitants. Around the same time, a bounty system was enacted by the Territory of Arizona, and one was also implemented by private citizens and local governments within the State of California. Like the bounty system in Minnesota, these programs were creatures of state and territorial law, but they were implicitly and explicitly approved by the federal government. In fact, they could be viewed as part of a much broader extermination program that was at the heart of federal Indian policy during this time period. This article uses primary historical sources to describe the events leading up to the enactment of a bounty system in Minnesota, its creation, and subsequent on-the-ground implementation. In an attempt to avoid the pitfalls of \"presentism,\" the legality of this bounty system is analyzed according to the laws in effect in 1863, when it was created. This article concludes that the Minnesota bounty system was illegal from its inception, as it was contrary not only the international law of war, but also the Lieber Code, which was issued by the U.S. Secretary of War in April 1863, and used to govern the conduct of Union soldiers during the ongoing Civil War.","PeriodicalId":83518,"journal":{"name":"William Mitchell law review","volume":"40 1","pages":"2"},"PeriodicalIF":0.0,"publicationDate":"2013-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68114480","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Costs of Lost Privacy: Consumer Harm and Rising Economic Inequality in the Age of Google","authors":"Nathaniel Newman","doi":"10.2139/SSRN.2310146","DOIUrl":"https://doi.org/10.2139/SSRN.2310146","url":null,"abstract":"This article emphasizes the broad consumer harm from the extraction of personal user data deployed by Google and many other online companies for the benefit of their advertisers. With firms knowing far more about consumers than those consumers know about their options in the marketplace, rising information asymmetry in markets like search advertising is translating into rising overall economic inequality in the economy as well.The lack of competition in search means users of Google in particular have little chance of receiving the full economic value of the personal data they provide Google. Without viable alternatives to Google, you therefore end up with a stunted \"market\" for valuing user privacy, so Google feels less and less compunction about violating personal privacy to benefit its advertising customers. More broadly, the deeper harm to consumers from Google’s power in the market — and one that is at the heart of the increasing economic equality in our society — is the way profiling by Google of its users for advertisers allows the kind of price discrimination and predatory marketing we saw in the subprime housing bubble globally and in a range of other sectors.","PeriodicalId":83518,"journal":{"name":"William Mitchell law review","volume":"40 1","pages":"12"},"PeriodicalIF":0.0,"publicationDate":"2013-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.2310146","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68088442","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"REDD+: Climate Justice or a New Face of Manifest Destiny? Lessons Drawn from the Indigenous Struggle to Resist Colonization of Ojibwe Forests in the Nineteenth and Twentieth Centuries","authors":"Philomena Kebec","doi":"10.4337/9781781001806.00020","DOIUrl":"https://doi.org/10.4337/9781781001806.00020","url":null,"abstract":"","PeriodicalId":83518,"journal":{"name":"William Mitchell law review","volume":"41 1","pages":"4"},"PeriodicalIF":0.0,"publicationDate":"2013-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70700851","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Internet Gambling Law","authors":"J. M. Kelly","doi":"10.4324/9780203814574-15","DOIUrl":"https://doi.org/10.4324/9780203814574-15","url":null,"abstract":"","PeriodicalId":83518,"journal":{"name":"William Mitchell law review","volume":"26 1","pages":"4"},"PeriodicalIF":0.0,"publicationDate":"2012-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70596355","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The 'Reshapement' of the False Negative Asymmetry in Toxic Tort Causation","authors":"Steven Gold","doi":"10.2139/SSRN.1797826","DOIUrl":"https://doi.org/10.2139/SSRN.1797826","url":null,"abstract":"Legal decision-making entails the possibility of error, and legal rules may preferentially create a higher risk of one type of error than another. In toxic tort causation disputes, much legal doctrine implicitly prefers to risk false negative errors -- incorrectly rejecting questionable causal claims that are actually true -- over false positive errors -- incorrectly accepting causal claims that are actually false. This article explains how legal doctrines create that asymmetry, explores possible reasons for the asymmetry, and describes how the Third Restatement of Torts offers courts an opportunity to correct the asymmetry without sacrificing the truth-seeking objective of adjudication.","PeriodicalId":83518,"journal":{"name":"William Mitchell law review","volume":"37 1","pages":"6"},"PeriodicalIF":0.0,"publicationDate":"2011-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67747548","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pro Bono Publico as a Conscience Good","authors":"Deborah A. Schmedemann","doi":"10.2139/SSRN.1121042","DOIUrl":"https://doi.org/10.2139/SSRN.1121042","url":null,"abstract":"Three social psychologists who have spent decades studying volunteerism have depicted volunteering this way: People participate in volunteer work in the face of substantial obstacles - it is effortful, it is work and work performed on an unpaid basis, it is time consuming, and it involves interactions with strangers. Some volunteers engage in work that is clearly trying. Thus their research question has been: Why would anyone volunteer?","PeriodicalId":83518,"journal":{"name":"William Mitchell law review","volume":"35 1","pages":"8"},"PeriodicalIF":0.0,"publicationDate":"2008-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68142781","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Jurisprudence of Justice Esther Tomljanovich: Balancing the Scales of Justice","authors":"Ann L. Iijima","doi":"10.2139/SSRN.707126","DOIUrl":"https://doi.org/10.2139/SSRN.707126","url":null,"abstract":"It is easy to become disheartened and cynical about the judiciary when reading Lazarus' description of the inner workings of the Court in CLOSED CHAMBERS: THE RISE, FALL, AND FUTURE OF THE MODERN SUPREME COURT. Unlike his vision of what he thinks the United States Supreme Court should be, Professor Edward Lazarus describes the actual Court as a flawed, dysfunctional body, where the Justices decide the most controversial (and arguably most important) issues based on their personal predilections, and where the rule of law is determined by a mere majority vote. Lazarus observes that \"[d]eep cynics in legal academia make fun of the idea that here is more to lawmaking and judging than the exercise of power.\" Reading the opinions of Justice Esther Tomljanovich, even legal cynics may regain their faith in the judicial process and their belief that our courts, both state and federal, can aspire to Lazarus' alternative vision. A number of themes appear on a recurring basis in Justice Tomljanovich's opinions: an effort to balance the interests of society in both individual freedom and public order; a preference for deciding cases on narrow, clearly defined bases rather than announcing broad constitutional principles; a belief in the separation of powers; the protection of privacy rights, particularly those involving the sanctity of the home; a reluctance to engage in results-oriented decision-making, preferring instead to promote and trust in a well-functioning legal system; and use of logic and common sense. These themes may reflect an unusual breadth and depth of experience - her small-town upbringing may have grounded her in the everyday lives and needs of working people; her struggles as a woman working her way through male-dominated professions may have reenforced an inherent inclination to take a relatively temperate approach to legal issues; and her experiences with the legislature as the Revisor of Statutes and as a trial and appellate judge may have increased her understanding of both the roles and the limits of those institutions.","PeriodicalId":83518,"journal":{"name":"William Mitchell law review","volume":"32 1","pages":"6"},"PeriodicalIF":0.0,"publicationDate":"2005-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67807711","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Corporate Constituency Statutes and Employee Governance","authors":"Brett H. Mcdonnell","doi":"10.2139/SSRN.349642","DOIUrl":"https://doi.org/10.2139/SSRN.349642","url":null,"abstract":"The paper compares the effects of corporate constituency statutes versus employee involvement in corporate governance, using a simple model to consider interactions between shareholders, employees, and managers. Both constituency statutes and employee governance tend to lead to a redistribution from shareholders to employees. However, constituency statutes do so at the cost of weakening limits on managerial misbehavior, thereby reducing social welfare. In contrast, employee governance strengthens the limits on managerial misbehavior, and hence is potentially more desirable than constituency statutes.","PeriodicalId":83518,"journal":{"name":"William Mitchell law review","volume":"30 1","pages":"1"},"PeriodicalIF":0.0,"publicationDate":"2002-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68599362","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pain management for the elderly.","authors":"Terrie Lewis","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83518,"journal":{"name":"William Mitchell law review","volume":"29 1","pages":"223-44"},"PeriodicalIF":0.0,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24578527","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}