Mitchell Hamline School of Law
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Trinity Lutheran and the Future of Educational Choice: Implications for State Blaine Amendments
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Medicaid: Welfare Program of Last Resort, or Safety Net?
Get PDFPeril to Medicaid exists on many different fronts. In 2017, Congress nearly succeeded in fundamentally altering Medicaid by capping federal expenditures on it, regardless of need, and ending eligibility for many Americans. Medicaid reimbursement to providers is also very much at risk, jeopardizing not only access to coverage for Medicaid beneficiaries, but access to care, as providers reduce or end their participation in the program.
Meanwhile, both the Centers for Medicare and Medicaid Services (CMS) and a number of states are eager to make other, smaller-scale changes to the program. These changes, while narrower in impact, have substantial potential to reframe Medicaid from a broad safety net program for lower-income people who lack access to employer-sponsored health insurance, to a limited, short-term, stigmatized welfare program for the needy—one that is difficult to access and even more difficult to keep.
This article will discuss these different and perilous fronts. In the process, it will suggest better and worse ways, as a matter of both law and public policy, to address the existential, financial, and political challenges facing Medicaid, its beneficiaries, and participating providers
Out of Thin Air: Trade Secrets, Cybersecurity, and the Wrongful Acquisition Tort
Get PDFThe analysis undertaken in this chapter was prompted by two puzzles. First, since U.S. trade secret law was developed based upon the breach of confidence law of England, and the law of England does not recognize an acquisition by improper means theory of recovery except in rare and nascent circumstances, how and why did such a theory develop in the United States? Second, to the extent the acquisition by improper means prong of U.S. trade secret law (unlike its counterpart in England) is disconnected from a duty of confidence and should be thought of as a separate tort, what are its elements, including the definition of cognizable harm? These questions are important not only for an understanding of trade secret law in the United States, but also for the implementation of the EU Trade Secret Directive which borrows from U.S. law to include the acquisition by improper means prong of U.S trade secret law. They also relate to the debate concerning the harms caused by data breaches and whether the mere taking or misuse of personal information, like credit information, is a cognizable injury-in-fact under U.S. law.
This chapter proceeds in three parts. First, based upon historical research, it examines how the acquisition by improper means prong of U.S. trade secret law developed and how it became disconnected from the requirement of a subsequent disclosure or use of the trade secrets. This analysis begins in Section II with an overview of the laws of the United States that protect information. In Section III, the history of the acquisition by improper means prong of trade secret misappropriation is discussed, showing that it is undertheorized, particularly when the alleged wrongful acquisition is not connected to a duty of confidence or a subsequent disclosure or use of trade secrets. Third, in Section IV, the pros and cons of recognizing a separate wrongful acquisition tort are discussed, including observations concerning the inability of trade secret law to address all incidents of cyberhacking and how a standalone wrongful acquisition tort might be designed
We Interrupt This Program...to Talk of Transfer Restrictions
Get PDFA recent Iowa decision, REG Washington, LLC v. Iowa Renewable Energy LLC, is a useful first word on transfer restrictions applicable to ownership interests in a limited liability company, and more particularly transfer restrictions applicable to so-called transferable interests, i.e., economic rights. The decision’s analysis centers around the “pick your partner” principle and expressly rejects any analogy to corporate law cases addressing stock transfer restrictions. The decision raises certain issues and is hardly the last word on this topic
Contracts: MnDot\u27s Ironically Nonspecific Specifications Should Not Concern Subcontractors—Storms, Inc. v. Mathy Construction Company
Get PDFSunlight is the Best Disinfectant: The Role of the Media in Shaping Immigration Policy
Get PDFOn February 21, 2017, one month and one day after the inauguration of Donald Trump as the forty-fifth President of the United States, the Washington Post debuted a new slogan: “Democracy Dies in Darkness.” This phrase draws on our country’s tradition of recognizing the importance of a free and open press, but is it still true? In today’s world, does the media still play a fundamental role as a check on our government? Furthermore, in areas like immigration law, where considerable power and deference lies with the President and Department of Homeland Security, what is the role of the “Fourth Estate” in holding governmental institutions accountable?
This article examines these questions by analyzing the role of the press in shaping immigration policy by the Obama and Trump Administrations with respect to two groups: Central American asylum seekers—particularly unaccompanied minors and family units—and Syrian refugees. The article first examines how press coverage and public engagement served as a check on the Obama Administration and shaped President Obama’s response to the Central American Migrant Crisis and Syrian Refugee Crisis during his second term. The article then describes executive actions taken by the Trump Administration that adversely impacted Central American asylum seekers and Syrian refugees, and analyzes how media coverage shaped the Trump Administration’s ability to implement policies against these groups