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The official publication of the Minnesota State Bar Association



Recent Articles


Third child. First real parental leave. What’s wrong with this picture?
Michael P. Boulette
Feb 01, 2020
Why Minnesota should join the ranks of states making it easier for lawyers to take parental leave
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eDiscovery Without the Endless Battles
TOM TINKHAM & KATE JOHNSON
Feb 01, 2020
What you need to know about electronic documents to keep your client and yourself out of trouble
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Minnesota needs more foreign-trained lawyers
Inti Martínez-Alemán
Feb 01, 2020
The business case for making it easier to license attorneys trained outside the U.S. in Minnesota.
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Severe or Pervasive: Just How Bad Does Sexual Harassment Have to Be in Order to Be Actionable?
Sheila Engelmeier and Heather Tabery
Jan 21, 2020
An in-depth review of sex harassment case law: Viewed historically, the case law in the area of harassment in general, and sexual harassment in particular, has seemed to trend from pro-employee to pro-employer. The developments in the past several years show that the pendulum has swung quite emphatically toward the employer.
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The Trouble with Eyewitness Testimony: Toward a model jury instruction on witness accounts
By Julie Jonas, Jevon Bindman, and David Herr
Dec 30, 2019
This article describes the current jury instruction used in Minnesota, its origins, and recent attempts by Minnesota courts to address this issue. It identifies factors not included in Minnesota’s jury instruction that may be helpful in weighing the credibility of a testifying eyewitness, and offers a sample jury instruction that addresses those factors.
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Healthy Lawyers Are Productive Lawyers: The business case for promoting lawyer well-being
Patty Beck and Alice M. Sherren
Dec 30, 2019
Lawyers who are impaired—whether because of substance use, diagnosed mental health issues, or simply garden-variety stress—are more likely to commit legal malpractice or violate ethical rules.
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Workers' Compensation for Medical Marijuana? Not So Fast.
Sue Conley and Jeff Markowitz
Dec 30, 2019
In this article, we will first address the federal landscape, under which marijuana—even medical marijuana—is illegal for any purpose except for federal government-approved research. Second, we will discuss the impact of Minnesota’s 2014 medical marijuana amendment. Third, we will explain why MDOLI did not intend to—and did not actually—make medical marijuana reimbursable through the WCA.
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The New Scarlet Letter: Is Minnesota’s Predatory Offender Registry helping or hurting?
Stacy L. Bettison
Dec 01, 2019
In 1991, the Minnesota Legislature enacted the state’s first version of the sexual offender registry. Twenty-eight years and 35 changes to the law later, over 21,000 Minnesotans are on the Predatory Offender Registry. Has it been taken too far?
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Timberwolves Turning Thirty!
Marshall H. Tanick
Dec 01, 2019
Many decades of trials and tribulations by Minnesota’s professional basketball team and others—on the courts and in them.
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An interview with Chief Justice Lorie Gildea of the Minnesota Supreme Court
Jon Schmidt
Dec 01, 2019
Chief Justice Lorie Skjerven Gildea has served as the Chief Justice of the Minnesota Supreme Court since 2010. Before becoming the Chief Justice, she was appointed to the Minnesota Supreme Court as an Associate Justice in 2006 by Governor Tim Pawlenty. Prior to her time on the Court, Chief Justice Gildea served as a judge in the 4th Judicial District in Hennepin County.
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When Rules Get in the Way of Reason: One judge’s view of legislative interpretation
Justice Paul Thissen
Nov 04, 2019
The job of a judge when interpreting statutes is straightforward: “ascertain and effectuate the intention of the legislature.” As a former legislator, however, I am chastened to admit that the Legislature does not always make that job easy and, for a variety of reasons, too often makes that task quite difficult. So what is a judge to do?
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Understanding pet custody law: Trends in animal law jurisprudence
BARBARA J. GISLASON
Nov 04, 2019
It is well-known that about 67 percent of U.S. households have pets, and expenditures on them exceed $72 billion per year. Following Hurricane Katrina, according to one poll, 93 percent of pet owners claimed they would risk their lives for their pets.
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All Parks Alliance for Change fights the good fight
Athena Hollins and Amanda Idinge
Nov 04, 2019
Meet one of the 2019 Minnesota State Bar Foundation grant recipients.
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The Extra Mile: Seven Minnesota attorneys who donate to legal aid causes
Nov 04, 2019
The legal community can play a strong role in leveling the playing field for Minnesotans needing legal help.
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Litigating Harassment in the #MeToo Era
Andrew Murphy and Terran Chambers
Oct 02, 2019
A lingering gap between the letter of the law and the mood of the culture is yielding strikingly disparate outcomes in sexual harassment cases
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Double Jeopardy: Understanding the civil legal implications of fleeing domestic abuse with children across state and national borders
Allison Maxim
Oct 02, 2019
Women who take their children and flee domestic abuse in another jurisdiction to return to Minnesota may face another set of (legal) problems once they arrive. Here’s how to best navigate them.
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Minnesota Adopts New Timing Rules
Hon. Eric Hylden, Michael B. Johnson, and David F. Herr
Oct 02, 2019
Understanding the new timing rules for Minnesota litigation practice that will take effect on January 1, 2020. Timing in Minnesota litigation practice is about to become more important—but probably more effortless as well. Come the new year, most of us will have to re-learn how to count days for Minnesota cases.
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Trends in E-Scooter Litigation
Kyle Willems
Oct 02, 2019
The past two summers have introduced residents of Minneapolis and St. Paul to one of the hottest trends in personal transportation: e-scooters. In the spring of 2018, e-scooters became an overnight sensation and completely disrupted the Twin Cities’ personal transportation marketplace. As in every market where e-scooters have been introduced, their sudden popularity means there is little jurisprudence directly addressing the unique tort-based issues they create.
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Country Lawyer 2.0 – Intro
Sep 03, 2019
Veteran small-town attorneys talk about their practices, their communities, their profession—and the ways they are changing
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Country Lawyer 2.0 – Part 1: Changing Practices
Sep 03, 2019
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