Yearly Archive
for: ‘2008’

Courts at the Tipping Point: Tight Funding Imperils Justice Function

Rising demand for services and challenging economic conditions together jeopardize the ability of Minnesota’s judicial infrastructure—including courts, public defenders, prosecutors, and legal aid—to meet constitutional standards and the expectations of the public.  In this, the first of three articles examining fiscal and public pressures on the system, we explore impacts on the courts.  Subsequent articles […]

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Minnesota’s Special Appeal Statutes: Traps for the Unwary

Counsel pursuing an appeal in an unfamiliar area must be very careful to make sure that there isn’t a provision somewhere that specifies a different means for pursuing that appeal than a simple notice of appeal to the Court of Appeals or that imposes a special filing deadline. Failure to heed this admonition could lead […]

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Landing on Your Feet: Outplacement Services Make It Easier

Hard times make for hard choices, sometimes including termination of employment relationships.  Outplacement services can serve both the employer and the employee in these circumstances, preserving good will for the former and enabling the latter to quickly move on to new opportunities. Severing employment relationships involuntarily is never pleasant, personally or professionally, no matter what […]

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The Anti-Bullying Legislative Movement: Too Quick To Quash Common Law Remedies?

According to a recent survey, thirty-seven percent of U.S. workers have been bullied on the job.  One researcher found that bullying was four times more common than sexual harrassment.  Modifying the common law to redress severe status-neutral harassment is a workable solution to fight the problem. “We have a no jerk rule here,” I learned […]

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A New Tool for Estate Planners: Minnesota’s Transfer on Death Deed

With the advent of Minnesota’s law authorizing transfer on death deeds, attorneys have a new tool to use in estate planning.  After appropriate forethought, TODD could be a helpful addition to any attorney’s estate planning toolbox. With the advent of Minnesota’s law authorizing transfer on death deeds, attorneys have a new tool to use in […]

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Minnesota’s Constitution: An Essential Tool in Search and Seizure Cases

The state Constitution provides protection independent of the federal Constitution.  But its effectiveness as an independent source depends on lawyers remembering to use it and to articulate the basis for applying it. Minnesota Constitution article I, section 10 varies from the U.S. Constitution’s Fourth Amendment only in the following ways: The right of the people […]

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Understanding Foreclosures on Real Property

Foreclosures are occurring at an astounding rate.  Many lawyers, not just those who practice in the area of foreclosure, will be fielding a wide variety of real property questions from their clients.   With foreclosures on real property occurring in record-breaking numbers, lawyers practicing in all areas should be familiar with the foreclosure process.  A client […]

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The Civil Litigation Quiz

Do you think you are smarter than a litigator? Get ready to test your knowledge. Did you sleep through Civil Procedure?  Or do you think you are smarter than a litigator?  Are you getting out-maneuvered by those young punks on the other side?  Do judges laugh at your filings, while clerks snicker behind your back?  […]

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Navigating E-Discovery: How to Avoid Common Pitfalls

Failure to successfully navigate e-discovery can result in serious consequences for attorneys and their clients. Be prepared to recognize, manage, and overcome common pitfalls. Electronic discovery (“e-discovery”) has become a key aspect of litigation of all types and sizes and presents a variety of pitfalls that can entrap unwary attorneys who fail to appreciate their […]

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Behind the Scenes: Attorneys and the Republican National Convention

It’s over.  The Republican National Convention has come and (mostly) gone and now it’s time for the reckoning.  Just how many people came to town?  How many chicken sandwiches were consumed?  How many people demonstrated?  The numbers are being sorted, the story is being told, and somehow someone will decide if the event was a […]

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