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for: ‘July, 2012’

MSBA President 2012-13: Bob Enger

Not Out to Change the World If you know anyone living in Bemidji, Minnesota, who is elderly or low-income, chances are they’ve benefited from one of the area programs Bob Enger has been instrumental in building or maintaining—dentistry, housing, legal services, youth at risk—heck, if they’ve needed a transfusion, they might have received his O-negative […]

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Marriage, Equality, and the Minnesota Constitution

A proposed constitutional amendment that would define marriage as “between one man and one woman” would not address problems facing Minnesota families and would be bad for the state’s business climate, argue the authors.  Moreover, the proposed amendment erodes the ideal that a constitution exists to protect the rights of all. In November 2012, Minnesota […]

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Protecting the Rights of All

Over the past ten years, I fell in love with someone very special to me.  We bought a house together.  We share bank accounts.  We are each other’s beneficiaries on our various accounts and insurance policies.  We both love Halloween and Christmas.  We visit one another’s families often.  Our nieces and nephews love both of […]

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Amending Minnesota’s Constitution: Here We Go, Again … and Again

The proposed constitutional amendments on the ballot this fall may add to a rich lore of litigation over changes to the Minnesota Constitution. The pair of constitutional amendments to be voted upon this fall by the Minnesota electorate provides an opportune time to review the legal history of revisions to the Minnesota Constitution. Minnesota voters this November […]

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July 2012

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Continuity & Change

Looking at the first real task that has been asked of me as the president of the Minnesota State Bar Association, I have to ask myself, has it been four years already?  It’s hard to believe four years have passed since I attended my very first Council meeting and then President (now the Hon.) Leo […]

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Managing Expectations

When I was in law school, I had a remedies professor who advocated what he called “a yellow legal pad” approach to new clients. (As a total aside, do you remember yellow legal-sized pads?  Ah, how things have changed.)  The idea was that at an initial consultation with a prospective client, the lawyer would listen […]

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Subpoenas & Unemployment Appeals

In an appeal hearing for unemployment benefits, the process for a obtaining a subpoena is unique.  Subpoenas are available to a party to compel the attendance of witnesses, the production of documents or other exhibits upon a showing of necessity by the party applying for the subpoenas.  The person or referee able to grant a […]

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Unspecified Felony Convictions

In a case of first impression, the Minnesota Supreme Court in 2011 adopted a new rule that permits a party to impeach a witness with “unspecified” felony convictions. State v. Hill, 801 N.W.2d 646 (Minn. 2011).  The term “unspecified” refers to the practice of mentioning a prior felony conviction without revealing the nature of the […]

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Unemployment for Students

Individuals who are attending school usually learn an unpleasant lesson when they seek unemployment compensation benefits after losing a job.  The pitfall they typically encounter is Minn. Stat. §268.085 subd. 1(4), which requires that applicants be “available for suitable employment.”  Another provision hinges a student’s eligibility on willingness to discontinue classes in order to accept […]

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