Faculty Scholarship 2009-Fall 2011

William Mitchell College of Law

Faculty Scholarship 2009 TO FALL 2011

St. Paul, Minnesota wmitchell.edu

Faculty Scholarship - 2009 to Fall 2011

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Page

1 Kate Armstrong

Doug Blanke

Donna M. Byrne 2 Kerry Cork

A. Kimberley Dayton 3 Sarah Deer

Gregory M. Duhl

Mark A. Edwards 4 Jay Erstling

Mike Freiberg

Marcia R. Gelpe 5 Carolyn Grose

Roger S. Haydock 6 Jim Hilbert

Eric S. Janus

Ann Juergens 7 Daniel S. Kleinberger

Peter B. Knapp 8 Mehmet Konar-Steenberg

Christina L. Kunz

Warren Ortland 9 Kenneth L. Port J. David Prince 10 Afsheen John Radsan

Ted Sampsell-Jones 11 Eileen A. Scallen

Deborah A. Schmedemann

Micheal K. Steenson

12 Dan Stier

Nancy Ver Steegh

Thuy-Ngu T. Vo 13 Susan Weisman

Anthony S. Winer

William Mitchell College of Law is pleased to present faculty scholarship from 2009 through fall 2011. More information about William Mitchell, the college’s faculty, and its commitment to practical wisdom can be found at wmitchell.edu.

K ate Armstrong

Donna M. Byrne

Staff Attorney, Public Health Law Center

Professor

B.A., Macalester College J.D., William Mitchell College of Law

B.S. and B.A., Oregon State University M.S., University of Minnesota J.D., Temple University School of Law

Stumped at the Supermarket: Making Sense of Nutrition Rating Systems, Institute of Medicine Committee on Examination of Front-of-Package Nutrition Rating Systems and Symbols (2010).

Cloned Meat, Voluntary Food Labeling, and Organic Oreos, 8 Pierce Law Review 31 (2009).

Raw Milk in Context, 26 Journal of Environmental Law and Litigation 109 (2011).

Doug Blanke

Robins, Kaplan, Miller & Ciresi Director of the Public Health Law Center B.A., Michigan State University J.D., Yale Law School Smoking, chapter in The Reality of Precaution: Comparing Risk Regulation in the United States and Europe (London, Earthscan Press, 2010) (with J.B. Wiener, M.D. Rogers, J.K. Hammitt, and P.H. Sand).

Faculty Scholarship - 2009 to Fall 2011

1

A. Kimberley Dayton

Professor, Director of the Center for Elder Justice and Policy B.A., University of Kansas J.D., University of Michigan, Ann Arbor Asserting Choice: Health Care, Housing, and Property—Planning for Lesbian, Gay, Bisexual, and Transgender Older Adults, 43 Clearinghouse Review 522 (2010) (with N. Chin, A. Chiplin, and M. Rowen).

The Accidental Elder Law Professor, 40 Stetson Law Review 97 (2010).

Custody Issues for Grandparent-Caregivers In Minnesota, 6 University of New South Wales, Australia Elder Law Review (2010).

Older Lesbian, Gay, Bisexual, and Transgender Individuals Face Special Challenges in Economic Security and Health Care, 44 Clearinghouse Review 565 (2010).

Kerry Cork

Staff Attorney, Public Health Law Center B.A., University of Minnesota M.A., University of Minnesota J.D., William Mitchell College of Law New Federal Tobacco Control Legislation and Making History, 16 National Association of Local Boards of Health’s NewsBrief 3 (2009).

To Vape or Not to Vape: Controversy Swirls Around E-Cigarettes, 16 National Association of Local Boards of Health’s NewsBrief 4 (2009).

Expanding the Field of Public Health Law and Redefining the Unacceptable, 17 National Association of Local Boards of Health’s NewsBrief 2 (2010).

Going Smoke-free in the Land of Lakes: Law and Politics in Minnesota Smoke-free Campaigns, American Journal of Preventive Medicine (2010).

Past and Prologue in One Opinion: The Department of Justice Racketeering Verdict Stands, 17 National Association of Local Boards of Health’s NewsBrief 3 (2010).

Looking Back from the Future: A Perspective on Tobacco, 18 National Association of Local Boards of Health’s NewsBrief 1 (2011).

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William Mitchell College of Law

Sar ah Deer

Mark A. Edwards

B.A., University of Kansas J.D., University of Kansas School of Law

B.A., University of Massachusetts-Amherst J.D., University of Wisconsin Law School

Introduction to Tribal Legal Studies (2nd ed., AltaMira Press, 2009) (with J. Richland).

Acceptable Deviance and Property Rights, 43 Connecticut Law Review 2 (2010).

Relocation Revisited: Sex Trafficking of Native Women in the United States, 36 William Mitchell Law Review 621 (2010).

Nationalization, De-Nationalization, Re-Nationalization: Some Historical and Comparative Perspective, 30 Pace Law Review 124 (2009).

Assistant Professor

Associate Professor

Gregory M. Duhl Associate Professor

B.A., Yale College J.D., Harvard Law School LL.M., Temple University School of Law 64, 65, 66 Business Lawyer (Executive Editor, 2009; Associate Editor-in-Chief 2010, 2011).

International Sale of Goods 2008, 64 Business Lawyer 1281 (2009).

International Developments in Consumer Financial Services Law 2007-2008, 64 Business Lawyer 677 (2009).

Conscious Ambiguity: Slaying Cerberus in the Interpretation of Contractual Inconsistencies, 71 University of Pittsburgh Law Review 71 (2009).

International Sale of Goods 2009, 65 Business Lawyer 1313 (2010).

The Ethics of Contract Drafting, 14 Lewis and Clark Law Review 989 (2010).

Divided Loyalties: The Lawyer’s Role in Bankruptcy Reaffirmations. 84 American Bankruptcy Law Journal 361 (2010).

Legal Issues: Using Social Networking to Uncover Insurance Fraud, Journal of Insurance Fraud 1 (2011) (with J. Millner).

Social Networking and Workers’ Compensation Law at the Crossroads, 31 Pace Law Review 1 (2011) (lead article) (with J. Millner).

Faculty Scholarship - 2009 to Fall 2011

3

Marcia R. Gelpe Emerita Professor

A.B., Barnard College M.S., Ohio State University J.D., Indiana University School of Law, Bloomington Legal Framework for Allocation of Water and for Protection of Water Quality in Israel, chapter in Water Wisdom: Preparing the Groundwork for Cooperative and Sustainable Water Management in the Middle East (Rutgers University Press, 2010).

Jay Erstling

The Israeli Legal System (Carolina Academic Press, forthcoming 2011).

Professor

B.S., Cornell University School of Industrial and Labor Relations J.D., Cornell University Law School Korea’s Patent Policy and Its Impact on Economic Development: A Model for Emerging Countries?, 11 San Diego International Law Journal 441 (2010).

Global Perspectives on Patent Law (­ Oxford University Press, 2010) (with M. Bagley and R. Okediji).

Patent Law and the Duty of Candor: Rethinking the Limits of Disclosure, 44 Creighton Law Review 329 (2011).

A Practitioner’s Guide to the PCT (2011) (with S. Helfgott and D. Reed).

Mike Freiberg

Staff Attorney, Public Health Law Center

B.A., Georgetown University J.D., William Mitchell College of Law Anticipating an Evil Which May Never Exist: Minnesota‘s Anachronistic Identifying Mark Statute, 36 William Mitchell Law Review 1 (2009).

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William Mitchell College of Law

The Reasons Why the Absence of a Basic Right to Environmental Quality Does Not Interfere with Development of Environmental Law in Israel, 9 Ono Academic College Law Review — (forthcoming 2011) (in Hebrew).

Lenders’ Liability for Environmental Damages in the Absence of Statutory Regulation: Lessons from the Israeli Model: Part 1, 5 (5) Law & Financial Markets Review — (forthcoming 2011) (with R. Plato-Shinar).

Lenders’ Liability for Environmental Damages in the Absence of Statutory Regulation: Lessons from the Israeli Model: Part 2, 5 (6) Law & Financial Markets Review — (forthcoming 2011) (with R. Plato-Shinar).

Carolyn Grose Professor

B.A., Middlebury College J.D., Brooklyn Law School Once Upon a Time, In a Land Far, Far Away: Lawyers and Clients Telling Stories about Ethics (and Everything Else), 20 Hastings Women’s Law Journal 163 (2009).

Storytelling Across the Curriculum: from Margin to Center; from Clinic to Classroom, 7 Journal of the Association of Legal Writing Directors 37 (2010).

Of Victims, Villains and Fairy Godmothers: Regnant Tales of Predatory Lending, 2 Northeastern University Law Journal 97 (2010).

Outcomes-Based Education One Course at a Time: My Experiment with Trusts and Estates, — Journal of Legal Education — (forthcoming 2011).

Roger S. Haydock Professor

A.B., St. Mary’s College J.D., De Paul University College of Law Discovery Practice (5th ed., Aspen Publishers, 2009) (with D. Herr).

Motion Practice (5th ed., Aspen Publishers, 2009) (with D. Herr and J. Stempel).

Fundamentals of Pretrial Practice (West Publishing, 2010) (with D. Herr, R. Haydock, and J. Stempel).

Trialbook (West Publishing, 2010) (with J. Sonsteng).

Methods of Practice: Civil Advocacy (vol. 5, Minnesota Practice Series) (2010) (with P. Knapp).

Pretrial Practice — (West Publishing, forthcoming 2011) — (with D. Herr and J. Stempel).

Faculty Scholarship - 2009 to Fall 2011

5

Eric S. Janus

President and Dean B.A., Carleton College J.D., Harvard Law School A Crooked Picture: Re-Framing the Problem of Child Sexual Abuse, 36 William Mitchell Law Review 142 (2009) (with E. Polachek).

Journal of Forensic Psychology Practice (peer reviewer, 2010).

The Preventive State: When is Prevention of Harm Harmful?, chapter in Handbook of Public Protection (2010) (with M. Nash and A. Williams).

Jim Hilbert

Adjunct Faculty, Director of the Center for Negotiation and Justice B.A., Carleton College J.D., University of Minnesota Law School Collaborative Lawyering: A Process for Interest-Based Negotiation, 38 Hofstra Law Review 1083 (2010).

Beyond Myth: Designing Better Sexual Violence Protection, 34 International Journal of Law and Psychiatry 135 (2011) (with J. Douard) (co-editor of issue).

Sexual Violence, Gender Politics, and Outsider Jurisprudence—Lessons from the American Experience in Prevention, chapter in Dangerous People: Policy, Prediction, and Practice (forthcoming 2010) (with B. McSherry and P. Keyzer).

Ann Juergens

Professor, Co-Director of clinical program A.B., Harvard University J.D., University of Minnesota Law School Lena Olive Smith: Inventive Activist Attorney, 37 With Equal Right: The Official Journal of Minnesota Women Lawyers 3 (2011).

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William Mitchell College of Law

Daniel S. Kleinberger Professor

A.B., Harvard University J.D., Yale Law School Agency, Partnership and LLCs: Examples and Explanations (4th ed., Aspen Publishers, forthcoming 2011).

Limited Liability Companies: Tax and Business Law, (hardcover ed., Warren Gorham & Lamont, forthcoming 2011) (with C. Bishop).

Delaware Dissolves the Glue of Capitalism: Exonerating Those Who Manage Other People’s Money — William Mitchell Law Review — (forthcoming 2011).

Donahue’s Fils Aîné: Reflections on Wilkes and the Legitimate Rights of Selfish Ownership, Western New England Law Review (2010) (symposium volume, Fiduciary Duties in the Closely Held Corporation 35 Years after Wilkes v. Springside Nursing Home).

A Myth Deconstructed: The ‘Emperor’s New Clothes’ on the Low Profit Limited Liability Company, 35 Delaware Journal of Corporate Law 879 (2010).

Peter B. Knapp

Professor, Co-Director of clinical program A.B., Harvard University J.D., Harvard Law School Methods of Practice: Civil Advocacy (vol. 5, Minnesota Practice Series) (2010) (with R. Haydock).

Methods of Practice: Civil Advocacy (2004 through 2011 eds., West Publishing) (With R. Haydock).

Minnesota Jury Instruction Guides: Civil (CIVJIG) (4th ed., West Publishing, 1999, supps. 2000-2010) (Co-reporter with M. Steenson).

Minnesota Jury Instruction Handbook, (2008-2009 through 2010-2011 eds., West Publishing) (Co-Reporter with M. Steenson).

Lawyering: Practice and Planning. (3rd ed., West Publishing, 2011) (With R. Haydock).

Methods of Practice: Civil Advocacy, (vols. 5, 5A, 6, 6A. West Publishing, 1990-2010) (with R. Haydock).

The Plight of the Bare Naked Assignee, 42 Suffolk Law Review 587 (2009).

Two Decades of ‘Alternative Entities’ – from Tax Rationalization through Alphabet Soup to Contract as Deity, 14 Fordham Journal of Corporate & Financial Law 445 (2009).

The LLC as Recombinant Entity – Revisiting Fundamental Questions through the LLC Lens, Proceedings of the 21st Century Commercial Law Forum – Seventh International Symposium (Beijing, China); published in the U.S., 14 Fordham Journal of Corporate & Financial Law 473 (2009).

The Fatal Design Defects of L3Cs, 17 Nonprofit Quarterly 38 (2010).

The Single Member Limited Liability Company as Disregarded Entity: Now You See it, Now You Don’t, Business Law Today (2010) (with C. Bishop).

When the Law is Understood – L3C No, Community Dividend (2010) (with J. W. Callison) An SMLLC Conundrum: Disregarded for Federal Tax Purposes But Not in Federal Court, 12 Business Entities 4 (2010) (with C. Bishop).

Faculty Scholarship - 2009 to Fall 2011

7

Mehmet Konar-Steenberg

Warren Ortland

Associate Professor

Staff Attorney, Public Health Law Center

B.A., University of Minnesota J.D., Georgetown University Law Center

B.A., College of William and Mary J.D., William Mitchell College of Law

Judicial Behavior and the Dormant Commerce Clause Doctrine: An Empirical Study, accepted for the poster session at the Center for Empirical Legal Studies at Yale Law School (2010) (with Dr. Anne Peterson).

Creating a Secondhand Smoke Policy in Your Common Interest Community, Common Interest Community (CIC) Midwest News (2010).

Christina L. Kunz Professor

B.S., University of Wisconsin, Madison J.D., Indiana University School of Law, Indianapolis Contracts: A Contemporary Approach (West Publishing, 2010) (with C. Chomsky).

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William Mitchell College of Law

Kenneth L. Port

Professor, Director of the Intellectual Property Institute

B.A., Macalester College J.D., University of Wisconsin Law School Transcending Law: The Unintended Life of Article 9 of the Japanese Constitution (Carolina Academic Press, 2009).

On Balance: General Casualty Co. v. Wozinak Travel, Inc., Law and Practice (2010).

The Expansion Trajectory, The Journal of the Patent & Trademark Society (2010).

On Nontraditional Trademarks, — Northern Kentucky Law Review — (forthcoming 2011).

A Case Against ACTA, — Cardozo Law Review — (forthcoming 2011).

J. David Prince

Professor

B.S., Iowa State University J.D., University of Iowa College of Law Post-Sale Duties: The Most Expansive Theory in Products Liability, 74 Brooklyn Law Review 963 (2009).

Sand in the Gears of Justice: An Expanded Duty to Warn in Products Liability Cases in Minnesota, chapter in Product Liability: Consumer Concerns (2010).

Faculty Scholarship - 2009 to Fall 2011

9

Ted Sampsell-Jones Assistant Professor

B.A., Dartmouth College J.D., Yale Law School On Silence: A Reply to Professors Cribari and Judges, 94 University of Minnesota Law Review 2 (2010).

Preventive Detention, Character Evidence, and the New Criminal Law, 2010 Utah Law Review 723 (2010).

The Myth of Ashby v. White, 8 University of St. Thomas Law Journal 4 (2010).

Afsheen John Radsan

Professor, Director of the National Security Forum A.B., Duke University J.D., Harvard Law School When the Smoke Clears at CIA, 2 Berkeley Journal of International Law Publicist 1 (2009).

Due Process and Targeted Killing of Terrorists, 31 Cardozo Law Review 405 (2009) (with R. Murphy).

An Overt Turn on Covert Action, 53 Saint Louis University Law Journal 485 (2009).

Remodeling the Classified Information Procedures Act (CIPA), 32 Cardozo Law Review 437 (2010).

A New Recipe for Renditions and Extraditions, chapter in Legal Issues in the Struggle Against Terror (2010).

One Lantern in the Darkest Night: The CIA’s Inspector General, 4 The Journal of National Security Law & Policy 247 (2010) (with R. Check).

Bush and Obama Fight Terrorists Outside Justice Jackson’s Twilight Zone, 26 Constitutional Commentary 551 (2010).

The Case for Stewart over Harlan on 24/7 Physical Surveillance, 88 Texas Law Review 1475 (2010).

Measure Twice, Kill Once: Higher Care of CIA Targeted Killing, — University of Illinois Law Review — (forthcoming 2011) (with C. Murphy).

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William Mitchell College of Law

Eileen A. Scallen Professor

B.A., St. Olaf College M.A., J.D., University of Minnesota California Evidence Courtroom Manual (LexisNexis Publishing, 2009, 2010, 2011) (with G. Weissenberger).

Michael K. Steenson

Professor, Kelley Chair in Tort Law

Foundationalism and Ground Truth in American Legal Philosophy: Classical Rhetoric, Realism, and Pragmatism, chapter in On Philosophy in American Law 194-204, Ed. Francis J. Mootz III (Cambridge University Press, 2009) (peer-reviewer).

Minnesota Jury Instruction Guides: Civil (CIVJIG) (4th ed., West Publishing, 1999, supps. 2000-2010) (Co-reporter with P. Knapp).

Coping with Crawford: Confrontation of Children and Other Challenging Witnesses, 35 William Mitchell Law Review 1558 (2009).

Minnesota Jury Instruction Handbook, (2008-2009 through 2010-2011 eds., West Publishing) (Co-Reporter with P. Knapp).

B.S., University of Wisconsin J.D., University of Iowa College of Law

Deborah A. Schmedemann Professor

B.A., Stanford University J.D., Harvard Law School M.A., University of Minnesota Thorns and Roses: Lawyers Tell Their Pro Bono Stories (Carolina Academic Press, 2010).

Navigating the Murky Waters of Untruth in Negotiation: Lessons for Ethical Lawyers, 12 Cardozo Journal of Conflict Resolution 83 (2010).

Diligence is a Precious Possession: Using Personal Essays to Measure Outcomes, 24 The Second Draft 10 (2010).

Voice: Speaking for a Deaf Boy in Foster Care (A True Story with Questions), Journal of the Association of Legal Writing Directors (2010).

Faculty Scholarship - 2009 to Fall 2011

11

Dan Stier

Director, Public Health Law Network — National Coordinating Center B.A., University of Wisconsin-Madison J.D., University of Wisconsin-Madison Introducing the Public Health Law Network, 7 American Bar Association Health eSource 5 (2011).

Nancy Ver Steegh

Vice Dean for Academic Programs

B.A., University of Minnesota M.S.W., Washington University in St. Louis, George Warren Brown School of Social Work J.D., Washington University School of Law, St. Louis Family Law: Examples & Explanations (3rd ed., Aspen Publishers, 2010) (with R. Oliphant).

The Uniform Collaborative Law Act and Intimate Partner Violence: A Roadmap for Collaborative (and non-collaborative) Lawyers, 38 Hofstra Law Review 699 (2010).

Annual Survey of Periodical Literature, 42 Family Law Quarterly 879 (2009).

Annual Survey of Periodical Literature, 43 Family Law Quarterly 1069 (2010).

Annual Survey of Periodical Literature, 44 Family Law Quarterly 623 (2011).

Minnesota Joint Physical Child Custody Study Group Report, Minnesota Judicial Branch (2009).

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William Mitchell College of Law

Thuy-Nga T. Vo Professor

B.A., University of Minnesota J.D., Harvard Law School To Be or Not to Be Both CEO and Board Chair. 76 Brooklyn Law Review 65 (2010).

Anthony S. Winer Professor

A.B., University of California, Berkeley J.D., University of Chicago Law School LL.M., New York University School of Law An Escape Route from the MedellĂ­n Maze, 25 Connecticut Journal of International Law 331 (2010).

We serve the law.

We teach it, study it, practice it, and work to make it just.

This is our mission.

Susan Weisman

Staff Attorney, Public Health Law Center B.A., Ohio State University J.D., William Mitchell College of Law An Evaluation of Health and Benefit Modification in Taft-Hartley Health and Welfare Funds: Implications for Encouraging Tobacco-Cessation Coverage, 39 American Journal of Preventive Medicine 6S1, S30-S36 (2010) (with C.M. Au-Yeung, D.J. Hennrikus, J.L. Forster, R. Skoog, W. Luneburg, and B. Hesse).

St. Paul, Minnesota wmitchell.edu

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