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Discretion is fundamental to the judicial system and its exercise is an integral part of the role of the judge. An essential tool in the kit of every lawyer and judge, it enables application of what are often blunt instruments to the subtle nuances of the individual case. The Lord Chancellor sings these lines […]
Whether commanders’ court-martial convening power is necessary to address combat exigencies or is an 18th century relic incompatible with contemporary understandings of justice is hotly debated, and a decision to remove or modify that authority will have broad implications for practitioners of military justice. In November 2012, a military panel convicted Lt. Col. James Wilkerson, […]
The Minnesota Supreme Court in May recognized “loss of chance” as an actionable injury under Minnesota tort law for the first time, embracing a doctrine variously adopted in 22 other states. Time will tell how broadly this doctrine may be applied and what its costs and benefits may be. On May 31, 2013, the Minnesota Supreme Court issued a 3-2 […]
“Tell me and I forget, teach me and I may remember, involve me and I learn.” —Benjamin Franklin As I’ve done in the past, while Marty Cole is away I’ll turn this month’s focus to “responsibility to the profession” rather than “professional responsibility.” Professional responsibility generally refers to the body of rules that govern our […]
I am proud to be a member of the MSBA because of its willingness to take on some of the “big questions” facing not only our association, but also our profession and our society. Future of Legal Education Recently, we have been challenged to broach an important discussion about the future of legal education in Minnesota […]
Minnesota law does not require anyone to provide for their spouse in their will, but the law does offer safeguards to ensure a surviving spouse receives an equitable share. The surviving spouse has a right of election, to take a percentage of the augmented estate, based on the length of the marriage. The augmented estate […]