Mitchell Hamline School of Law

Amicus Curiae Blog
Mitchell Hamline Law Review

Amicus Curiae

The Amicus Curiae blog is a resource for everyone interested in recent happenings in law. We will share trending legal topics and thought-provoking pieces in all different areas of law. Some articles also provide advice to students or practicing attorneys.

If you are interested in writing a piece—new or in response to a current one—contact us at john.edell@mitchellhamline.edu or daniel.buteyn@mitchellhamline.edu.

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When Should Conduct Be Considered Unacceptable Harassment in the Workplace?

Posted: June 28, 2018
  Jessica E. Schwie & Lizzie Brodeen-Kuo, Kennedy & Graven, Chartered. Flowing from the #MeToo movement and a recent decision from Hennepin County District Court, the Minnesota Legislature revived the dispute regarding the standard for sexual harassment claims under the Minnesota Human Rights Act (MHRA).[1] Some say the standard of review, which mirrors the federal …

When Should Conduct Be Considered Unacceptable Harassment in the Workplace?

The California Supreme Court Channels Spider-Man: Big Pharma’s Responsibility Begins to Match its Power

Posted: June 6, 2018
Big pharma
Written by Noah C. Lauricella, Partner at GoldenbergLaw, PLLC. In Kimble v. Marvel Entertainment, LLC, United States Supreme Court Justice Elena Kagan quoted Stan Lee’s fictional Spider-Man comics writing that “with great power there must also come – great responsibility.”[1] In the context of pharmaceuticals, brand-name manufacturers have been afforded such great power in that they …

The California Supreme Court Channels Spider-Man: Big Pharma’s Responsibility Begins to Match its Power

Drilling Down: The Vaccine Act

Posted: May 30, 2018
Vaccine law
Written by Kathleen M Loucks, Attorney at Lommen Abdo, P.A. The National Childhood Vaccine Injury Compensation Act of 1986 (“Vaccine Act”), 42 U.S.C.A. § 300aa-11 et seq., established a streamlined, no-fault compensation method for injured vaccine recipients to recover compensation. Under the Vaccine Act, a no-fault program was established for monetary compensation petitions to be brought …

Drilling Down: The Vaccine Act

Under Attack: Tribal Sovereign Immunity

Posted: May 2, 2018
sovereign immunity
Written by Vanya S. Hogen of Hogen Adams Sovereign immunity—immunity from court or administrative process as well as from lawsuits themselves—is among the most significant aspects of modern tribal sovereignty. As a tribal advocate for the past 25 years, tribal sovereign immunity has been at issue in the vast majority of cases I litigate and in …

Under Attack: Tribal Sovereign Immunity

Inclusivity in Contemporary Art: Assessing the Walker’s Scaffold Controversy

Posted: April 25, 2018
Written by Susan L. Allen and Amy B. Weisgram Engstrom. Article overview written by Lukas Boehning. In summer 2017, the Walker Art Center showcased Sam Durant’s Scaffold, a representation of the seven gallows used to execute 38 Dakota prisoners, known as the Dakota 38. After Dakota elders strongly opposed its display, the Walker removed the piece and …

Inclusivity in Contemporary Art: Assessing the Walker’s Scaffold Controversy

Bridging the Gap Between Native Communities and the Fourth Judicial District’s Family Court System Through Judicial Listening Sessions

Posted: April 18, 2018
Written by Minnesota Supreme Court Justice Anne K. McKeig and Jennifer K. Anderson In general, the Minnesota State court system has not been viewed as responsive to the needs of Native communities. In 2013, it became apparent that Natives in the Fourth Judicial District were using the family court system at a lower rate than …

Bridging the Gap Between Native Communities and the Fourth Judicial District’s Family Court System Through Judicial Listening Sessions

Who Is the Real Beneficiary of Your 401(k) Plan – You or Your Employer?

Posted: April 12, 2018
  Written by Jennifer Lee, Associate, Nichols Kaster Today, the 401(k) plan is the primary vehicle for Americans to save for retirement. In 2014 there were more than 500,000 401(k) plans with $4.4 trillion in combined assets on behalf of 62.7 million active participants.[1] However, most investors—even “sophisticated” investors—are prone to common investing mistakes or …

Who Is the Real Beneficiary of Your 401(k) Plan – You or Your Employer?

How Do Lawyers Get Paid by a Class of Plaintiffs When There is No Fee Shifting Statute?

Posted: April 5, 2018
  Written by Shawn J. Wanta, Partner, Baillon Thome Jozwiak & Wanta LLP Introduction In most cases, parties are responsible for paying their own costs and fees.[1] Lawyers and their clients typically agree that the client will pay the lawyer on an hourly basis, flat-fee, contingency, or some combination of the three. But when a lawyer …

How Do Lawyers Get Paid by a Class of Plaintiffs When There is No Fee Shifting Statute?

Get to Know High-Stakes Litigation: From Class Actions to MDLs

Posted: March 29, 2018
  Written by Troy F. Tatting, Principal, Robins Kaplan Corporate actions (or inactions) can have wide ranging impact on hundreds, thousands, or even millions of Americans. In September 2017, Equifax disclosed a cyber-hack impacting 143 million customers with data stolen.[1] In November 2017, a federal court approved a $741 million settlement involving more than 20 …

Get to Know High-Stakes Litigation: From Class Actions to MDLs

The Case Against Arbitration Clauses – How the Recent Revocation of CFPB’s Rule Harms Consumers

Posted: March 22, 2018
  Written by Colin J. Pasterski, Associate at Halunen Law On November 22, 2017, the Consumer Financial Protection Bureau (CFPB) officially nullified its rule prohibiting financial institutions from inserting mandatory arbitration clauses in contracts with consumers.[1] This revocation comes after President Trump’s signature of the joint congressional resolution to do away with the CFPB rule …

The Case Against Arbitration Clauses – How the Recent Revocation of CFPB’s Rule Harms Consumers