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2023 MN Legislative Session Review
Bryan Lake
Jul 05, 2023
Partisan divisions, few compromises, limited accomplishments: These were the essential elements of every Minnesota legislative session recap from 2015 through 2022. During those years neither major political party had simultaneous control of the House, Senate, and governor’s office—the trifecta, as it is known—and, predictably, the divisions in government caused constant gridlock.
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  • CATEGORY
  • Legislation
Exchange: Letter to the editor from MN County Attorneys Association regarding “Getting Serious About Prosecutorial Misconduct” by Barry Edwards and Stacy Bettison
Robert M. Small
May 30, 2023
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  • CATEGORY
  • Letters to the Editor
We need to talk about ChatGPT
Damien Riehl
May 24, 2023
The ascendence of advanced large language models (LLMs) like GPT-4 and ChatGPT have sparked conversations about the future of the legal profession and how these AI-driven systems might help remedy some of the profession’s less-favorable aspects.
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  • CATEGORY
  • Legal Writing
  • Technology
Textbooks and Toddlers: Returning to law school as a parent
OLIVIA LIZ-FONTS
May 24, 2023
Most would say that the perfect time to pursue law school is straight after graduating college. For me, it was after having my two children.
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  • CATEGORY
  • Law School
Watch your abbreviations
IAN LEWENSTEIN
May 24, 2023
Used without limits, abbreviations reveal their secret life as an insidious form of jargon, serving as insider shorthand to the detriment of readers unfamiliar with this ABC lingo. Certain abbreviations—specifically, initialisms—are also confusing, distracting, and, as you’ll see, usually unnecessary.
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  • CATEGORY
  • Legal Writing
U.S. immigration strategies for employers in a tight labor market
Calleigh M. McRaith, Misti A. Binsfeld, and Robert P. Webber
May 24, 2023
In what seems to be an effort to facilitate options for foreign nationals and employers, the Biden administration has quietly rolled out some relatively obscure policy changes. Employers, however, may be unaware of immigration options (including these relatively new options) that can help address labor shortages. The purpose of this article is to highlight a few strategies.
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  • CATEGORY
  • Immigration Law
Minnesota’s racially biased jury pools and how to fix them
Bethany O’Neill, Cresston Gackle, and David Schultz
Apr 01, 2023
Changing racial demographics in the state, coupled with the practices currently used to determine jury pools, are empaneling juries that are not racially representative. The result is that trials often fail to produce justice and perhaps even violate the Sixth Amendment.
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  • CATEGORY
  • Diversity
  • Courts
SCOTUS: Bankruptcy doesn’t erase debts incurred by the fraud of another
George H. Singer
Apr 01, 2023
The United States Supreme Court recently answered the question of whether a debtor in bankruptcy can discharge a debt resulting from another person’s fraud, even if the debtor is not aware of the fraud.
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  • CATEGORY
  • Bankruptcy
What the Respect for Marriage Act does and doesn’t mean
Connor Burton and Matt Yost
Apr 01, 2023
Many observers have heralded the Respect for Marriage Act as enshrining the right to same-sex marriage in federal law. But a review of the text of the Respect for Marriage Act and the legal precedent that it is built upon reveals its limitations.
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  • CATEGORY
  • Federal Law
Caregiver beware: Spotting scams that target seniors and other vulnerable adults
Noah Lewellen
Apr 01, 2023
Scams targeting senior citizens and other vulnerable adults are all too common. They typically focus on emotional pressure points: asking people to make snap decisions, ostensibly to help loved ones; preying on social isolation; and taking advantage of lack of familiarity with technology or changing methods of communication.
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  • CATEGORY
  • Consumer Protection
Getting serious about prosecutorial misconduct
Barry S. Edwards and Stacy L. Bettison
Mar 02, 2023
Over the past several years, increased attention has come to those wrongfully convicted because of prosecutorial misconduct, particularly with such high-profile cases as those of Curtis Flowers, Walter “Johnny D.” McMillian (the subject of the Hollywood-produced feature film Just Mercy), the Netflix documentary Making a Murderer, and the podcast Serial, featuring the case of the recently released Adnan Sayed.
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  • CATEGORY
  • Criminal Justice
  • Courts
I thought I loved family law. Practicing it almost wrecked my life.
CARRIE OSOWSKI
Mar 02, 2023
After 14 years of being exposed to every detail of my parents’ divorce and subsequent custody battles, practicing family law seemed to be the obvious choice, since I knew I wanted to be an attorney. When asked “why family law?”, I would say it was so that I could “use my trauma for good.” In theory, it was a great idea; in practice, it nearly destroyed my mental health.
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  • CATEGORY
  • Family Law
Broken ladders and shattered windows: Addressing the representation gap of women of color in corporate leadership positions
Dr. Artika R. Tyner & Olivia Liz-Fonts
Mar 02, 2023
Women of color are still waiting to realize the promise of ladders to success and windows of opportunity. Currently women of color make up 17 percent of corporate entry-level positions, yet only 4 percent are represented at the c-suite level. This significant difference in representation is the result of passive DEI initiatives.
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  • CATEGORY
  • Diversity and Inclusion
ADR: Understanding the new Code of Ethics for Court-Annexed Neutrals
Kristi Paulson
Mar 02, 2023
Inside ADR’s Minnesota rules reset, part two: In formulating the new rule, the Court recognized that public confidence in the integrity and the fairness of the ADR process is essential. A high standard of ethical conduct is essential to advancing the goals set forth in the ADR Code of Ethics for Court-Annexed Neutrals.
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  • CATEGORY
  • ADR
Felons Can't Vote: Civil Death in the US
Ellen J. Kennedy and Judge Tara Kalar
Feb 27, 2023
The United States is the only democracy in the world in which most convicted offenders who have served their prison sentences are denied the right to vote for many years, and in some cases for the rest of their lives. We examine this phenomenon globally, in the US, and in Minnesota, where the 2023 Legislature was poised to act as this issue went to press.
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  • CATEGORY
  • Legislation
Building a more accessible bar
Moderated and introduced by Ann Motl
Jan 30, 2023
A roundtable conversation featuring members of the Minnesota Disability Bar Association.
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  • CATEGORY
  • Diversity and Inclusion
Minnesota Supreme Court recognizes the common interest doctrine
ANDY DAVIS & CONNOR SHAULL
Jan 30, 2023
All federal appellate courts, and most states—including, at long last, Minnesota—have now recognized the doctrine. Yet despite its wide acceptance, the common interest doctrine varies in important ways across jurisdictions.
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  • CATEGORY
  • Courts
Live Wire: The law, Orthodox Judaism, and Minnesota’s eruvim
Judah A. Druck
Jan 30, 2023
What is this odd tradition? How does it work? And given that the wire often encroaches upon public land and requires government approval, how can the eruv function without violating the First Amendment? This article explores and answers these questions, including the ways in which the eruv has been litigated and how it might impact Minnesota’s own eruvim.
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  • CATEGORY
  • Land Use Law
  • Public Law
Inside ADR’s Minnesota rules reset
Kristi Paulson
Jan 30, 2023
This article, the first of two, will provide an overview of the new rules and a general discussion of key aspects of those rules. It is not an exhaustive treatment of the changes, however, and it is not a substitute for reading the new Rule 114 in its entirety. Part two will focus on what practitioners need to know about the Code of Ethics and the ADR Ethics Board.
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  • CATEGORY
  • ADR
For trial lawyers, the generalist is the best specialist
Justice G. Barry Anderson and Jevon Bindman
Dec 01, 2022
Rather than complain about declining civil trial work or point to some earlier, more propitious time, this article recognizes the current legal landscape and discusses how attorneys can develop trial skills in an increasingly specialized world.
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  • CATEGORY
  • Civil Litigation
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