William Mitchell College of Law Faculty Scholarship

William William Mitchell Mitchell College College of of Law Law

Faculty Scholarship Scholarship Faculty 2011 2011 TO TO FALL FALL 2014 2014

William Mitchell College of Law

St. Paul, Minnesota wmitchell.edu Faculty Scholarship - 2008 to Fall 2009

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William Mitchell College of Law is pleased to present faculty scholarship: 2011 through fall 2014. More information about William Mitchell, the college’s faculty, and its commitment to practical wisdom can be found at wmitchell.edu.

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D. Douglas Blanke

8 Christina L. Kunz

Mary Patricia Byrn

The Honorable Helen M. Meyer

Donna M. Byrne

Warren Ortland

Simon Canick 9 Kenneth L. Port

2 Bradford W. Colbert

J. David Prince

A. Kimberley Dayton

Afsheen John Radsan

Sarah Deer 10 Julie Ralston Aoki

3 Diane Dube

Eileen M. Roberts

Gregory M. Duhl

Colette Routel

Mark A. Edwards

Ted Sampsell-Jones

4 Jay Erstling

11 Deborah A. Schmedemann

Mike Freiberg

John O. Sonsteng

Natasha Frost

Michael K. Steenson

5 Marcia R. Gelpe

12 Christine D. Ver Ploeg

Carolyn Grose

Nancy Ver Steegh

Roger S. Haydock

Susan R. Weisman

Douglas R. Heidenreich 13 Anthony S. Winer

6 Jim Hilbert

Eric S. Janus

Ann Juergens

7 Daniel S. Kleinberger

Peter B. Knapp

Mehmet K. Konar-Steenberg

Joanna L. Woolman

D. Douglas Blanke Director, Public Health Law Center at William Mitchell B.A., Michigan State University J.D., Yale Law School

Donna M. Byrne

Who’s Your Nanny? Choice, Paternalism and Public Health in the Age of Personal Responsibility, 41 Journal of Law, Medicine & Ethics 88, (with Wiley and Berman) (2013)

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

Tobacco, chapter in The Reality of Precaution: Comparing Risk Regulation in the United States and Europe, (Jonathan B. Wiener et al., eds.) (RFF Press, 2011)

Professor of Law

Eggs, Egg Cartons, and Consumer Preferences, 26 Regent University Law Review 397 (2014) Raw Milk in Context, 26 Journal of Environmental Law & Litigation 109 (2011)

Mary Patricia Byrn

Simon Canick

Associate Dean for Administration Professor of Law

Associate Dean of Information Resources Professor of Law

B.A., Loyola University Chicago J.D., University of Minnesota Law School

B.A., Hamilton College J.D., Boston University School of Law M.L.I.S., University of Washington School of Library and Information Science

An Empirical Analysis of the Use of the Intent Test to Determine Parentage in Assisted Reproductive Technology Cases, 50 Houston Law Review 1295 (2013) Wedlocked, 67 University of Miami Law Review 1 (with Holcomb) (2012)

Library Services for the Self-Interested Law School: Enhancing the Visibility of Faculty Scholarship, 105 Law Library Journal 175 (2013)

The Common Law Process of Torts, 2nd Ed. (with Weissbrodt and Marshall) (Anderson Publishing, 2012) Same-Sex Divorce in a DoMA State, 50 Family Court Review 214 (with Holcomb) (2012) Anonymously Provided Sperm and the Constitution, 23 Columbia Journal of Gender & Law 1 (with Ireland) (2012)

FACULTY SCHOLARSHIP - 2011 TO FALL 2014

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A. Kimberley Dayton Emerita Professor of Law B.A., University of Kansas J.D., University of Michigan, Ann Arbor Comparative Perspectives on Adult Guardianship (Carolina Academic Press, 2014) Elder Law: Readings, Cases, and Materials, 4th Ed. (with Wood) (Carolina Academic Press, 2013) Standards for Health Care Decision-making: Legal and Practical Considerations, 2012 Utah Law Review 1329 (2012) Thinking Locally: Law, Aging, and Municipal Government, Findings from a National Survey, 21 Temple Political & Civil Rights Law Review 365 (with Doron) (2012) Municipal Elder Law: A Minnesota Perspective, 20 The Elder Law Journal 33 (with Doron) (2012) Older Lesbian, Gay, Bisexual, and Transgender Individuals Face Special Challenges in Economic Security and Health Care, 44 Clearinghouse Review 564 (with Chiplin Jr., et al.) (2011)

Sarah Deer Professor of Law B.A., University of Kansas J.D., University of Kansas School of Law Adult Guardianship and Tribal Nations in the U.S., chapter in Comparative Perspectives on Adult Guardianship (with Routel) (ed. Dayton) (Carolina Academic Press, 2014) Protecting Native Mothers and Their Children: A Feminist Lawyering Approach, 40 William Mitchell Law Review 943 (with Woolman) (2014) Structuring Sovereignty: Constitutions of Native Nations (with Guss, Jorgensen, and Tatum) (University of California, Los Angeles American Indian Studies Center, 2014) Muscogee Constitutional Jurisprudence: Vhakv Em Pvtakv (The Carpet under the Law), 49 Tulsa Law Review 125 (with Knapp) (2013) Criminal Justice in Indian Country Heeding Frickey’s Call: Doing Justice in Indian Country, 37 American Indian Law Review 374 (2012-13)

Bradford W. Colbert Resident Adjunct B.S., University of Wisconsin-Madison J.D., William Mitchell College of Law A Brief History of the Development of Minnesota’s Criminal Law, 39 William Mitchell Law Review 1441 (with Kern) (2013) Clinical Faculty in the Legal Academy: Hiring, Promotion, and Retention, 62 Journal of Legal Education 115 (with Adamson, et al.) (2012) The Status of Clinical Faculty in the Legal Academy: Report of the Task Force on the Status of Clinicians and the Legal Academy, 36 Journal of the Legal Profession 353 (with Adamson, Hessler, Kruse, Kuehn, McNeal, Pang, and Santacroce) (2012)

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WILLIAM MITCHELL COLLEGE OF LAW

The Process of Legal Research: Authorities and Options, 8th Ed. (with Bateson, KonarSteenberg, Kunz, Schmedemann, and Winer) (Wolters Kluwer Law & Business, 2012) Garden of Truth, 60 Federal Lawyer 44 (2012) Fundamentals of Legal Research, chapter in Jurisprudence: Western Research in the Humanities and Social Sciences, Vol. 11 (with Schmedemann) (eds. Liang and Lu) (Renmin University Press, 2011) Garden of Truth: The Prostitution and Trafficking of Native American Women in Minnesota (with Farley, Hudon, Lopez, Matthews, and Stark) (Minnesota Indian Women’s Sexual Assault Coalition and Prostitution Research & Education, 2011)

Gregory M. Duhl Professor of Law Academic Director, Hybrid Program B.A., Yale College J.D., Harvard Law School LL.M., Temple University School of Law International Sale of Goods, 69 Business Law __ (forthcoming 2014) Problems and Materials on Bankruptcy Law and Practice: Teacher’s Manual, 2nd Ed. (with Rusch and Sepinuck) (West Publishing, 2013) Selected Commercial Statutes Series (with Kunz and Chomsky) (Thomson West, 2013) Over the Borderline—A Review of Margaret Price’s “Mad at School: Rhetorics of Mental Disability and Academic Life,” 44 Loyola University Chicago Law Journal 771 (2013) Transactions and Settlements: Creating a Balance in Legal Education, 14 Transactions: The Tennessee Journal of Business Law 517 (with Millner) (2013) International Sale of Goods, 67 Business Lawyer 1337 (2012) Equipping Our Lawyers: Mitchell’s Outcomes-Based Approach to Legal Education, 38 William Mitchell Law Review 907 (2012) Deception in Social Media Investigations of WC Claims, 1:3 Workers’ Compensation Bulletin 1 (with Millner) (2011) Social Media Sites: Useful Investigative Tool, but Beware the Legal Traps of “Friending,” 13: 9 White-Collar Crime Fighter 5 (with Millner (2011)

Diane Dube Resident Adjunct B.A., Edgecliff College J.D., William Mitchell College of Law M.P.A., Humphrey School of Public Affairs, University of Minnesota Prepare, Survive and Thrive: A Lawyer’s Guide to Advising Business Clients Facing Construction Disruption, 22 Journal of Affordable Housing & Community Development Law 345 (2014) Lessons from the Central Corridor LRT Project in St. Paul, 22 Journal of Affordable Housing & Community Development Law 261 (2014)

Mark A. Edwards Professor of Law B.A., University of Massachusetts-Amherst J.D., University of Wisconsin Law School Unworthiness, Time and Collective Responsibility: A Case Study in the Paradoxes of Restitution, 116 West Virginia Law Review 619 (2013) FACULTY SCHOLARSHIP - 2011 TO FALL 2014

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Mike Freiberg Staff Attorney, Public Health Law Center at William Mitchell B.A., Georgetown University J.D., William Mitchell College of Law (Don’t) See More Butts: Preemption and Local Regulation of Cigarette Litter, 37 Hamline Law Review 205 (2014) The Land of 10,000 Tobacco Products: How Minnesota Led the Way in Regulating Tobacco Products, 104:2 American Journal of Public Health e10 (with Weisman, et al.) (2013) Federal Approaches to the Regulation of Non-Cigarette Tobacco Products, 43 American Journal of Preventive Medicine 553 (2012) Options for State and Local Governments to Regulate NonCigarette Tobacco Products, 21 Loyola University Chicago Annals of Health Law 407 (2012)

Jay Erstling Professor of Law

A Poor Player: Exempting Theatrical Productions from Smoke-Free Laws, 21 University of Florida Journal of Law and Public Policy 399 (2011)

B.S., Cornell University School of Industrial and Labor Relations J.D., Cornell University Law School Foreword, 5 Cybaris i (with Baker, Krelitz, and Port) (2014) A Different State of Grace: The New Grace Period under the AIA, 5:6 Landslide 48 (with Hoglund and Struve) (2013) The Practitioner’s Guide to the PCT (with Helfgott and Reed) (ABA Section of Intellectual Property Law, 2013) International Patent Law and Policy (with Okediji and Bagley) (West Publishing, 2013) International Patent Law and Policy (with Okediji and Bagley) (Aspen Publishers, 2012) Patent Law Pro Bono: A Best Practices Handbook, 4 Cybaris Intellectual Property Law Review 1 (with Salmela and Privratsky) (2012) Usefulness Varies by Country: The Utility Requirement of Patent Law in the United States, Europe, and Canada, 3 Cybaris Intellectual Property Law Review 1 (with Salmela and Woo) (2012)

Natasha Frost Staff Attorney, Public Health Law Center at William Mitchell B.A., University of Minnesota J.D., University of Minnesota Law School Integrating research, legal technical assistance and advocacy to inform shared use legislation in Mississippi, s100-s104 American Journal of Health Promotion 28(3) (with Spengler, Frost, and Bryant) (2014) Clarifying Liability for After-Hours Community Use of School Recreational Facilities, 22 Annals of Health Law 342 (with Prince, et al.) (2013) Promoting Physical Activity Through the Shared Use of School Recreational Spaces: A Policy Statement From the American Heart Association (with Rohm Young, Spengler, Evenson, Vincent, and Whitsel) (American Journal of Public Health, 2013) Finding Space to Play: Legal and Policy Issues Impacting Community Recreational Use of School Property (with Winston Marrow) (Public Health Law Center, 2012)

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WILLIAM MITCHELL COLLEGE OF LAW

Marcia R. Gelpe

Roger S. Haydock

Emerita Professor of Law

Professor of Law

A.B., Barnard College M.S., Ohio State University J.D., Indiana University School of Law, Bloomington

A.B., St. Mary’s College J.D., De Paul University College of Law

The Israeli Legal System (Carolina Academic Press, 2013) Lenders’ Liability for Environmental Damages in the Absence of Statutory Regulation: Lessons from the Israeli Model, Part II, 5 (6) Law and Financial Markets Review 458 (with Plato-Shinar) (2011) Lenders’ Liability for Environmental Damages in the Absence of Statutory Regulation: Lessons from the Israeli Model, Part I, 5 (5) Law and Financial Markets Review 367 (with Plato-Shinar) (2011) 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 (2011)

Discovery Practice, 6th Ed. (with Herr) (Aspen 2014)

Methods of Practice: Civil Advocacy, Vol. 5, 2014 edition (with Knapp) (Thomson West, 2014)

Minnesota Practice, Civil Rules Annotated, Vols. 1–2B (with Herr) (West, 2014)

Electronically Stored Information, What Hath God Wrought?, 6 William Mitchell Journal of Law and Practice 2 (with Herr and Stempel) (2013)

Fundamentals of Pretrial Litigation, 9th Ed. (with Herr and Stempel) (West Publishing, 2013)

Motion Practice, 5th Ed. (with Herr and Stempel) (Aspen 2013)

Minnesota Civil Forms, Minnesota Practice Series, Vols.

15 and 16 (with Herr and Peterson) (Thomson West, 2012)

Trialbook, 3rd Ed. (with Sonsteng) (Lexis Nexis 2012)

Trial: Advocacy Before Judges, Jurors and Arbitrators & Supplement, 4th Ed. (with Sonsteng) (Thomson West, 2011)

Lawyering Practice and Planning, 3rd Ed. (with Knapp) (West 2011)

Carolyn Grose Professor of Law Externship Director B.A., Middlebury College J.D., Brooklyn Law School Reflections on Using Narrative Theory and Storytelling Practice in the Clinic Seminar; Transforming the Education of Lawyers: The Theory and Practice of Clinical Pedagogy (ed. S. Bryant, et al.) (Carolina Academic Press, 2014) Beyond Skills Training, Revisited: The Clinical Education Spiral, 19 Clinical Law Review 489 (2013) Outcomes-Based Education One Course at a Time: My Experiment with Trusts and Estates, 62 Journal of Legal Education 336 (2012)

Douglas R. Heidenreich Professor of Law B.A., University of Minnesota J.D., William Mitchell College of Law The ‘Ol Perfesser’s Guide for the First-Year Law Student, 40 William Mitchell Law Review 1 (2014) Random Thoughts about the Creation of the William Mitchell Law Review, 40 William Mitchell Law Review [v] (2013)

FACULTY SCHOLARSHIP - 2011 TO FALL 2014

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Eric S. Janus President and Dean Stephen B. and Lisa S. Bonner Distinguished Chair B.A., Carleton College J.D., Harvard Law School Tribute to Justice Rosalie E. Wahl 40 William Mitchell Law Review, Vol. 2 (2014) Preventive Detention of Sex Offenders: The American Experience Versus International Human Rights Norms, 31 Behavioral Sciences & the Law 328 (2013) A Tribute to the Honorable Helen Meyer, 39 William Mitchell Law Review 1689 (2013)

Jim Hilbert Resident Adjunct Director of the Center for Negotiation and Justice B.A., Carlton College J.D., University of Minnesota Law School Effective Communication in Legal and Public Policy Hearings, 95:15 Eos (Transactions, American Geophysical Union) 125 (with Sonsteng and Thorstad) (2014) Project-Based Learning and ADR Education: One Model for Teaching ADR Students to Problem Solve for Real, 11 Appalachian Journal of Law 157 (with Ver Ploeg) (2012)

Sex Offender Commitments Found Wanting under the European Convention on Human Rights, 14 Sex Offender Law Report 1 (2013) M. v. Germany: The European Court of Human Rights Takes a Critical Look at Preventive Detention, 29 Arizona Journal of International and Comparative Law 605 (with Alexander and Graf) (2012) Rationalizing Discovery of Metadata, 81 United States Law Week 393 (with Tinkham) (2012) Sexual Violence, Gender Politics and Outsider Jurisprudence: Lessons Learned from the American Experience, chapter in Prevention, Dangerous People: Policy, Prediction and Practice (eds.

McSherry and Keyzer) (Routledge, 2011) Beyond Myth: Designing Better Sexual Violence Prevention, 34 International Journal of Law and Psychiatry 3 (with Douard) (2011) International Journal of Law and Psychiatry, Vol. 34 (co-editor, with Douard) (2011) Plausible Answers and Affirmative Defenses, 79 United States Law Week 2271 (with Tinkham) (2011) Exploring Recent Developments in the Minnesota Sex Offender Program, 12 Sex Offender Law Report 81 (with Graf) (2011)

Ann Juergens Professor of Law Co-Director, William Mitchell Clinical Programs A.B., Harvard University J.D., University of Minnesota Law School Valuing Small Firm and Solo Law Practice: Models for Expanding Service to Middle-Income Clients, 39 William Mitchell Law Review 80 (2012) Lena Olive Smith: Inventive Activist Attorney, 35:2 With Equal Right 2 (2011)

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WILLIAM MITCHELL COLLEGE OF LAW

Peter B. Knapp Professor of Law Co-Director, William Mitchell Clinical Programs A.B., Harvard University J.D., Harvard Law School Minnesota Practice, Vol. 5A, Minnesota Methods of Practice 2012-2013 (with Haydock) (Thomson West, 2013) Minnesota Jury Instruction Guides: Civil (CIVJIG); Minnesota Practice, Vols. 4 & 4A, 5th Ed. (with Steenson) (Thomson West, 2013) Skills & Values: Torts (with Ver Ploeg) (LexisNexis, 2012) Minnesota Jury Instruction Guides: Civil (CIVJIG); Minnesota Practice, Vols. 4 & 4A, 5th Ed. (with Steenson) (Thomson West, 2012) Methods of Practice: Civil Advocacy, Vol. 5A, 2011-2012 edition (with Haydock) (Thomson West) Minnesota Jury Instruction Guides: Civil (CIVJIG); Minnesota Practice, Vols. 4 & 4A, 5th Ed. (with Steenson) (Thomson West, 2011)

Mehmet K. Konar-Steenberg Associate Dean for Faculty Professor of Law Briggs & Morgan/Xcel Energy Chair in Energy and Environmental Law B.A., University of Minnesota J.D., Georgetown University Law Center Minnesota Administrative Practice (with Beck) (forthcoming 2014) Judicial Deference: Public Utilities Commission Finding of Exigent Circumstances, 70:11 Bench and Bar of Minnesota 32 (2013)

Daniel S. Kleinberger Emeritus Professor of Law A.B., Harvard University J.D., Yale Law School Agency, Partnerships and LLCs: Examples and Explanations, 4th Ed. (Wolters Kluwer Law & Business, 2012) Foreword—Shape Shifting in the Law, 38 William Mitchell Law Review 586 (2012) Delaware Dissolves the Glue of Capitalism: Exonerating Those Who Manage Other People’s Money, 38 William Mitchell Law Review 737 (2012)

Federal Agency Authority to Interpret Own Jurisdiction: Chevron Doctrine (Notes and Trends: Administrative Law), 70:7 Bench and Bar of Minnesota 30 (2013) Process of Legal Research: Authorities and Options, 8th Ed. (with Bateson, Deer, Kunz, Schmedemann, and Winer) (Wolters Kluwer Law & Business, 2012) Forum, Federalism, and Free Markets: An Empirical Study of Judicial Behavior Under the Dormant Commerce Clause Doctrine, 80 UMKC Law Review 139 (2011)

Examples & Explanations: Agency Partnerships & LLC., 4th Ed. (Wolters Kluwer Law & Business, 2011) Donahue’s Fils Aîné: Reflections on Wilkes and the Legitimate Rights of Selfish Ownership, 33 Western New England Law Review 405 (2011) FACULTY SCHOLARSHIP - 2011 TO FALL 2014

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The Honorable Helen M. Meyer Distinguished Jurist in Residence B.S., University of Minnesota J.D., William Mitchell College of Law Minnesota’s Child Protection Appeals Process: Can We Do Better?, 40 William Mitchell Law Review 891 (with Cary) (2014)

Christina L. Kunz

Warren Ortland

Emerita Professor of Law

Staff Attorney, Public Health Law Center at William Mitchell

B.S., University of Wisconsin, Madison J.D., Indiana University School of Law, Indianapolis Selected Commercial Statutes Series (with Chomsky, Schiltz, and Tabb) (West Academic, 2014) The Digital Death Conundrum: How Federal and State Laws Prevent Fiduciaries from Managing Digital Property, 68 University of Miami Law Review 385 (with Lamm, Riehl, and Rademacher) (2014) Contracts: A Contemporary Approach, 2nd Ed. (with Chomsky) (West Publishing, 2013) The Process of Legal Research: Authorities and Options, 8th Ed. (with Bateson, Deer, KonarSteenberg, Schmedemann, and Winer) (Wolters Kluwer Law & Business, 2012) Foreward: Riding the Long Wave of Developing Law, 37 William Mitchell Law Review 1666 (2011)

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WILLIAM MITCHELL COLLEGE OF LAW

B.A., College of William and Mary J.D., William Mitchell College of Law Secondhand Smoke and Smokefree Policies in Owner-Occupied Multi-Unit Housing, 43 American Journal of Preventive Medicine 553 (with Brock, Heim, and Hewett) (2012)

J. David Prince Emeritus Professor of Law B.S., Iowa State University J.D., University of Iowa College of Law Clarifying Liability for After-Hours Community Use of School Recreational Facilities, 22 Annals of Health Law 342 (with Frost, et al.) (2013) The Puzzle of Parallel Claims, Preemption, and Pleading the Particulars, 39 William Mitchell Law Review 1034 (2013)

Kenneth L. Port Professor of Law B.A., Macalester College J.D., University of Wisconsin Law School Comparative Law: The Role of Law and The Legal Process in Japan, 3rd Ed. (Carolina Academic Press) (forthcoming, 2015) Deciphering Japanese War Atrocities: the Story of Doctor and General Shiro Ishii (Carolina Academic Press, 2014) Trademark Extortion Revisited: A Response to Vogel and Schachter, 14 Chicago Kent Intellectual Property Law Review __ (2014) Foreword, 5 Cybaris i (with Baker, Erstling, and Krelitz) (2014) Trademark Law and Policy, 3rd Ed. (Carolina Academic Press, 2013) Trademark Dilution in Japan, chapter in International Trademark Dilution (Bereskin, ed.) (Thomson West, 2013) Fundamentals of United States Intellectual Property Law: Copyright, Patent, and Trademark, 4th Ed. (with Halpern and Seymore) (Wolters Kluwer Law & Business, 2012) Trademarks, United States, chapter in International Encyclopedia of Laws: United States Intellectual Property Law: Copyright, Patent, Trademark (Kluwer Law International, 2012) A Case Against the ACTA, 33 Cardozo Law Review 1131 (2012)

Afsheen John Radsan Professor of Law Director, William Mitchell National Security Forum A.B., Duke University J.D., Harvard Law School Notice and an Opportunity to be Heard Before the President Kills You, 48 Wake Forest Law Review 829 (with Murphy) (2013) The Evolution of Law and Policy for CIA Targeted Killing, 5 Journal of National Security Law & Policy 439 (2012) Measure Twice, Shoot Once: Higher Care for CIA-Targeted Killing, 4 University of Illinois Law Review 1201 (2011) Journal of the National Security Forum at William Mitchell College of Law: A Special Issue of the William Mitchell Law Review, 37 William Mitchell Law Review 5311 (2011)

Fundamentals of United States Intellectual Property Law: Copyright, Patent, Trademark, 4th Ed. (with Halpern and Seymore) (Kluwer Law International, 2012) On Nontraditional Trademarks, 38 Northern Kentucky Law Review 1 (2011) The Expansion Trajectory, 92 Journal of the Patent, Copyright and Trademark Society 474 (2011)

FACULTY SCHOLARSHIP - 2011 TO FALL 2014

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Julie Ralston Aoki Staff Attorney, Public Health Law Center at William Mitchell B.A., Yale College J.D., University of Iowa College of Law Implementing the IOM’s Recommendations for Reducing Sodium in the U.S. Food Supply: Considerations and Approaches, 29 Food and Drug Law Journal, No. 1, 53 (with Dawkins and Bishop) (2014) J. Ralston Aoki, M. Kappagoda, & S. Mermin, Beyond the Code Book: Legal Tools for Accelerating Progress in Obesity Prevention, 41 J. Law, Med. & Ethics 61 (Winter Suppl. 2013).

M. Pertschuk, J. Pomeranz, J. Ralston Aoki, et al., Assessing the Impact of Federal and State Preemption in Public Health: A Framework for Decision Makers, 19 J. Public Health Management Practice 213 (2013).

J. Ralston Aoki & Elizabeth Moore, Self-Regulation as a Tool for Promoting Healthier Children’s Diets: Can CARU and the CFBAI Do More? Williams, Jerome D., Keryn E. Pasch, and Chiquita Collins, eds. Advances in Communication Research to Reduce Childhood Obesity, New York: Springer (2013).

M. Berman, M. Freiberg, & J. Ralston Aoki, From Fenway Park to the Mall of America: A Multi-Collaborative Approach to Teaching and Learning, 38 U. Dayton L. Rev. 157 (2012).

Colette Routel Professor of Law B.M., Ithaca College J.D., University of Michigan Law School Adult Guardianship and Tribal Nations in the U.S., chapter in Comparative Perspectives on Adult Guardianship (with Deer) (Dayton, ed.) (Carolina Academic Press, 2014) Foreward [The U.S.-Dakota War of 1862], 39 William Mitchell Law Review 399 (2013) Minnesota Bounties on Dakota Men During the U.S.-Dakota War, 40 William Mitchell Law Review 1 (2013) Recent Developments in Native Land Law: The Supreme Court’s Decisions in Carcieri v. Salazar and Patchak v. Salazar, chapter in Native Land Law (Thomson West, 2013) Toward Genuine Tribal Consultation in the 21st Century, 46 University of Michigan Journal of Law Reform 417 (2013) (with Holth)

Eileen M. Roberts

Ted Sampsell-Jones

Emerita Professor of Law

Professor of Law

B.A., Moorhead State College, Minn.

B.A., North Dakota State University J.D., William Mitchell College of Law

B.A., Dartmouth College J.D., Yale Law School

Real Estate Law, Minnesota Practice Series Vols.

25, 25A, 25B (Thomson West, 2012)

Mens Rea in Minnesota and the Model Penal Code, 39 William Mitchell Law Review 1457 (2013) Measuring Pearson in the Circuits, 80 Fordham Law Review 101 (2011) The Myth of Ashby v. White, 8 University of St. Thomas Law Journal 40 (2011)

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WILLIAM MITCHELL COLLEGE OF LAW

Deborah A. Schmedemann Professor of Law B.A., Stanford University M.A., University of Minnesota J.D., Harvard Law School The Process of Legal Research: Authorities and Options, 8th Ed. (with Bateson, Deer, Kunz, Konar-Steenberg, and Winer) (Wolters Kluwer Law & Business, 2012) Fundamentals of Legal Research, chapter in Jurisprudence: Western Research in the Humanities and Social Sciences, Vol. 11 (with Deer) (Bin Liang and Hong Lu, eds.) (Beijing, China Renmin University Press, 2011)

Michael K. Steenson Professor of Law Margaret H. and James E. Kelley Professor of Tort Law B.S., University of Wisconsin J.D., University of Iowa College of Law Presumed Damages in Defamation Law, 40 William Mitchell Law Review 1492 (2014) The William Mitchell Law Review at 40, 40 William Mitchell Law Review [xi] (2013) Justice John E. Simonett and the Law of Torts, 39 William Mitchell Law Review 796 (2013)

John O. Sonsteng Professor of Law Martin R. Lueck and Mallory K. Mullins Professorship in Advocacy B.A., University of Minnesota J.D., University of Minnesota 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, 40 William Mitchell Law Review 17 (with Lattner, Parks, and Camarotto) (2014) Effective Communication in Legal and Public Policy Hearings, 95:15 Eos (Transactions, American Geophysical Union) 125 (with Hilbert and Thorstad) (2014) Juvenile Law and Practice; Minnesota Practice, Vol. 12, 4th Ed. (with Scott) (Thomson West, 2013)

The Domagala Dilemma-Domagala v. Rolland, 39 William Mitchell Law Review 633 (2013) Minnesota Jury Instruction Guides: Civil (CIVJIG); Minnesota Practice, Vols. 4 & 4A, 5th Ed. (with Knapp) (Thomson West, 2013) Minnesota Jury Instruction Guides: Civil (CIVJIG); Minnesota Practice, Vols. 4 & 4A, 5th Ed. (with Knapp) (Thomson West, 2012) Minnesota Jury Instruction Guides: Civil (CIVJIG); Minnesota Practice, Vols. 4 & 4A, 5th Ed. (with Knapp) (Thomson West, 2011) Minnesota Jury Instruction Companion Handbook (with Knapp) (Thomson West, 2011) Minnesota Negligence Law and The Restatement (Third) Of Torts: Liability for Physical and Emotional Harms, 37 William Mitchell Law Review 1055 (2011)

Trial: Advocacy Before Judges, Jurors and Arbitrators & Supplement, 4th Ed. (with Haydock) (Thomson West, 2011)

FACULTY SCHOLARSHIP - 2011 TO FALL 2014

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Nancy Ver Steegh Professor of Law 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 Joint Legal Custody Presumptions: A Troubling Legal Shortcut, 52 Family Court Review 263 (with Gould-Saltman) (2014) Eight Reasons Why Attorneys Representing Parents in Child Protection Proceedings Should Use an Intimate Partner Violence Screening Protocol, 40 William Mitchell Law Review 1048 (2014) Domestic Violence: Essays from the Family Court Review (co-edited with Davis) (2013)

Christine D. Ver Ploeg Emerita Professor of Law B.A., University of Massachusetts J.D., Drake University Law School LL.M., Georgetown Law Center Minnesota’s Revised Uniform Arbitration Act: Unintended Consequences for Minnesota Law Relations, 69:10 Bench and Bar of Minnesota 16 (2012) Skills & Values: Torts (with Knapp) (LexisNexis, 2012) Project-Based Learning and ADR Education: One Model for Teaching ADR Students to Problem Solve for Real, 11 Appalachian Journal of Law 157 (with Hilbert) (2012)

Family Law: Examples & Explanations, 4th Ed. (with Oliphant) (Aspen Publishers, 2013) Historical Trends in Family Court Response to Intimate Partner Violence: Perspectives of Critics and Proponents of Current Practices, 51 Family Court Review 63 (with Johnston) (2013) Look Before You Leap: Court System Triage of Family Law Cases Involving Intimate Partner Violence, 95 Marquette Law Review 955 (with Davis and Frederick) (2012) Work of the Family Lawyer, 3rd Ed. (with Oliphant) (Wolters Kluwer, 2012) Annual Survey of Periodical Literature 2009-2010, 44 Family Law Quarterly 623 (2011)

Susan R. Weisman Staff Attorney, Public Health Law Center at William Mitchell B.A., Ohio State University J.D., William Mitchell College of Law Use of Research Evidence in State Policymaking for Childhood Obesity Prevention in Minnesota, American Journal of Public Health (with Gollust et al.) (forthcoming, 2014) Uses of Research Evidence in the State Legislative Process to Promote Active Environments in Minnesota, 28 American Journal of Health Promotion 3S, S44-S46 (with Benning, Callanan, Gollust, Kite, and Nanney) (2014) The Land of 10,000 Tobacco Products: How Minnesota Led the Way in Regulating Tobacco Products, 104:2 American Journal of Public Health e10 (with Freiberg, et al.) (2013) Influencing Taft-Hartley Funds to Provide Tobacco Cessation Benefits, 43 American Journal of Preventive Medicine 553 (with Choi, Hennrikus, and Nunn) (2012)

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WILLIAM MITCHELL COLLEGE OF LAW

Anthony S. Winer Professor of Law

We serve the law.

A.B., University of California, Berkeley J.D., University of Chicago Law School LL.M., New York University School of Law International Law Legal Research (with Archer and Louis-Jacques) (Carolina Academic Press, 2013) Process of Legal Research: Authorities and Options, 8th Edition (with Bateson, Deer, Konar-Steenberg, Kunz, and Schmedemann) (Wolters Kluwer Law & Business, 2012)

We teach it, study it,

practice it, and work to make it just.

This is our mission.

Joanna L. Woolman Resident Adjunct B.S., University of Wisconsin, Madison J.D., University of San Francisco School of Law

St. Paul, Minnesota wmitchell.edu

Protecting Native Mothers and Their Children: A Feminist Lawyering Approach, 40 William Mitchell Law Review 943 (with Deer) (2014) Padilla’s “Truly Clear” Test: A Case for a Broader Application in Minnesota, 37 William Mitchell Law Review 840 (2011)

FACULTY SCHOLARSHIP - 2011 TO FALL 2014

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