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for: ‘June, 2014’

May/June 2014

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High Hopes: The Future of Medical Marijuana in Minnesota

Minnesota’s legislature has adopted some of the strictest legislation in the country making medical marijuana available. But federal law and regulations and state professional responsibility rules pose continuing challenges for Minnesota lawyers, bankers, and businessmen who become involved in this new business. Medical marijuana has arrived in Minnesota, and long-suffering patients may finally find relief.  Last month, strong bipartisan majorities in the […]

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Invasion of Privacy: Updating Minnesota Remedies

The right to privacy has been recognized since at least 1890 but quantifying the damages caused by its breach continues to be challenging.  Minnesota has in place the legal framework for pursuit of privacy claims but its courts have yet to consider the full scope of possible relief available. The Restatement is instructive in this […]

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2014 Legislative Session Recap

Although the 2014 legislative session was one of the shortest in memory, legislators made good use of the time.  A recovering economy facilitated passage to a variety of bills to provide tax relief and Gov. Dayton’s “unsession” agenda led the way to removal of many outdated statutes from the books.  Meanwhile, MSBA’s legislative agenda enjoyed notable success […]

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Serving Democracy & the Profession

I am proud to be a member of the MSBA because of its historic commitment to educating members of the public about the role of lawyers and courts, and about the rule of law. Educating the public on the roles of lawyers and judges, and on how law actually works, is a service not just […]

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Changes Ahead for Legal Education?

We don’t need no education  We don’t need no thought control  No dark sarcasm in the classroom  Teachers leave them kids alone  Hey teacher leave them kids alone  —Pink Floyd, “Another Brick in the Wall” (Part II)  When I was reading the recent report of the ABA Task Force on the Future of Legal Education1 […]

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Human Rights Act

A recent amendment to the Minnesota Human Rights Act allowing a jury trial at the option of any party may affect how lawyers and their clients evaluate, negotiate, and resolve claims of discrimination and harassment under state law.  Minn. Stat. §363A.33, subd. 6, brings the Human Rights Act into conformity with federal discrimination and harassment […]

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OFP & HRO Hearings

The hearing requirement for a Harassment Restraining Order (HRO)  or Order for Protection (OFP) includes the right to testify on your own behalf, to examine and cross-examine witnesses, and to produce documents. Anderson v. Lake, 536 N.W.2d 909, 911 (Minn. App. 1995). Failure to provide a party with a full and fair hearing will result […]

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Client Communications

Client communications today include social media, text messaging, and volumes of emails. Thus the odds of important client communications falling through the cracks are huge. Here are three strategies to tame the communication beast and limit potential malpractice issues: Implement a clear communication policy that informs clients of the acceptable forms of communication for your […]

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