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for: ‘January, 2015’

Roots of Constitutional Government: Magna Carta at 800

King John’s acquiescence to the barons’ demands on the plains of Runnymede in 1215 was but a first, halting step on the road to the rule of law.  Despite frequent challenges, its principles endured, inspired, and were adapted over 800 years to undergird modern constitutional government. This is the 800th anniversary of Magna Carta. The […]

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When Is a Party Not a Party? Joint Litigants & Judicial Strikes

When multiple litigants with adverse interests find themselves conjoined as plaintiffs or defendants in a single civil suit they may find themselves at odds regarding the judge appointed to hear their case. Does each litigant have an individual right to strike or does the right attach to the conjoined parties as a group? Imagine you represent […]

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Conflict Minerals & the Law

East Africa is no stranger to conflict and human rights abuse and its wealth of minerals has long drawn attention from unscrupulous profiteers.  Combined efforts of governments, corporations, the United Nations, and nonprofit organizations have diminished the trade in conflict minerals but much remains to be done. On April 25, 2014, the MSBA became the first state bar […]

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Association Dues Following Foreclosure

Lenders commonly overpay homeowners’ association assessments when they sell foreclosed property.  Foreclosing a first mortgage terminates the association’s lien for assessments arising prior to the date of the foreclosure sale. Under Minn. Stat. §515B.3-116(b) a new association lien equal to six months of assessments is imposed on the day following the last day of the […]

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Performance Reviews

Public sector employees in Minnesota may now challenge their performance reviews.  A ruling this summer by the Minnesota Supreme Court, affirming a decision of the court of appeals, held that the accuracy and completeness of such job reviews in a proceeding before the Department of Administration could be challenged in Schwanke v. Minnesota Dept. of […]

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Firearms Bans

A common misstep by criminal defense lawyers is to ignore the lifetime ban on firearms that results from conviction for misdemeanor crimes of violence (MCDV). 18 U.S.C. 922 (G)(9) prohibits any person who has been convicted of a misdemeanor crime of domestic violence from owning or possessing firearms and ammunition (but interestingly, not including bows […]

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Taking Stock

At the end of a year, or the start of a new one, many individuals “take stock” of their life situation in order to make some decisions about the future.  Businesses likewise take stock, including literally taking inventory counts, to determine where they have been and where they are going as an entity.1  A government […]

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Legislative Challenges & Opportunities

The upcoming 2015 legislative session, which began on January 6, brings unique challenges and opportunities for the MSBA.  The Capitol building is under construction and the Republican takeover in the House means we will have to navigate a closely divided legislature, work with new leadership and committee chairs, and build relationships with 26 new House […]

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January 2015

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