Monthly Archive
for: ‘August, 2012’

Debating Voter ID

Barring intervention by the Minnesota Supreme Court, Minnesota voters in November will be asked to decide whether the State Constitution should be amended to limit the franchise to those who can prove their identity by presenting a valid, government-issued photo ID card. Consider the arguments … . A Costly, Unnecessary Abuse of the Constitution A Means […]

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August 2012

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Debating Voter ID: A Means to Increase Confidence in Elections

In 2005, the bipartisan Commission on Federal Election Reform led by former President Jimmy Carter and former Secretary of State James Baker concluded that our “electoral system cannot inspire public confidence if no safeguards exist to deter and detect fraud or to confirm the identity of voters.”1 As a result, the Carter-Baker Commission recommended that states […]

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Debating Voter ID: A Costly, Unnecessary Abuse of the Constitution

From its 1858 statehood Minnesota has been a leader in voting rights.  We take pride in the fact that Minnesota leads the nation in voter turnout, and it has a history and bipartisan tradition of encouraging citizen engagement.  Minnesota is also a state of common sense, embodying a pragmatic “If it ain’t broke don’t fix […]

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Debating Voter ID: Voter Fraud & the Impact of Voter ID

The stated motivation for the placement of the proposed constitutional amendment on the ballot by the legislature this fall is to reduce the incidence of voter fraud in Minnesota, particularly identity fraud. A second stated motivation of the author of the amendment is to eliminate the practice of vouching for voters who want to register […]

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Workplace Defamation Claims in Minnesota

Workplace gossip has moved beyond the water cooler into cyberspace, combining with high unemployment and increasing damages awards—not to mention Minnesota’s somewhat unique theory of compelled self-publication—to heighten the potential for defamation claims arising from the workplace. Anecdotal evidence suggests the use of email and social media is increasing the potential for defamation claims arising […]

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Where Do We Draw the Line?

In the wake of the shooting in Aurora I am sitting here and wondering, who in the heck needs a 100-round magazine for his or her hunting rifle?  I know that asking this question is going to provoke a reaction, and more likely than not, a negative reaction, but I honestly think that as attorneys […]

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How’d You Spend Your Summer Vacation?

Every now and then go away and have a little relaxation. To remain constantly at work will diminish your judgment.  Go some distance away, because work will be in perspective and a lack of harmony is more readily seen. —Leonardo Da Vinci  I don’t consider myself to be a workaholic.  Yet, the last vacation of […]

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Deposing a Client

Preparing your client to give a discovery deposition is actually simple, and falls into two phases. First, be sure your client understands the facts of the case, and particularly that your client knows the documents at issue.  And be sure you have fully and completely disclosed any requested documents to the other side in advance.  Review […]

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Motion Practice

Preparing motions is like taking a trip; it works best when the destination is known at the outset and the journey mapped in that direction.  Therefore, when bringing a motion before a trial court or other judicial body, prepare the pleadings backwards.  Draft the proposed order first, which will provide a sense of direction and […]

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