Monthly Archive
for: ‘January, 2016’

Notes & Trends – January 2016

ADMINISTRATIVE LAW JUDICIAL LAW Minnesota Supreme Court finds EPA pollution regulation clear on its face, declines deference to state and federal agency interpretation. A dispute over pollution from a cattle feeding operation provided an opportunity for the Minnesota Supreme Court to revisit the issue of judicial deference to state agency regulatory interpretations. Under federal and […]

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January 2016

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They’re Coming! The drones, that is—and the FAA regulations governing their use

Despite 2015 drone sales approaching three-quarters of a million units, the FAA has been slow to enact regulations governing their safe flight in U.S. airspace or to permit commercial uses, except through specific individual exemptions. This article addresses the current industry landscape, proposed FAA regulations and regulations in other countries, and recommendations for U.S. regulations. […]

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The New Best Interest of the Child Factors

A summary of the new provisions in Minnesota family law After several years of deeply collaborative work by representatives from various factions of family law interests, a number of statutory changes have been made to Minnesota law. The most significant of these is the revamp of the “best interest of the child” factors. These changes […]

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The Consensual Special Magistrate: Minnesota’s Appealable Alternative to Arbitration

As a means of resolving business-to-business disputes, arbitration is a high-risk strategy that has fallen into growing disfavor. Minnesota’s consensual special magistrate system is a little-known alternative with major potential advantages—not least among them, the fact that its outcomes can be appealed. Ask most lawyers and even judges about Minnesota’s “consensual special magistrate” (CSM), and […]

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Meet Judge Tim Looby: ‘Don’t overlook the golden opportunities’

The Honorable TIMOTHY LOOBY is a state district court judge in the First Judicial District. He is chambered in Sibley County, but travels regularly to serve in other counties in the district. Tell us about your transition to the bench after 30 years of private practice.  When I was initially appointed and spent my first […]

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A lifetime to pay

One of our priorities this year has been to improve our effort at reaching out to law students. While our law school leadership is very supportive of the bar, many in the law school faculties (though thankfully not all) are disconnected from our bar. If we don’t play an active role in trying to connect […]

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Reflections of a volunteer in the disciplinary process

As the end of my term1 as chair of the Lawyers Professional Responsibility Board (LPRB) nears, I’m frequently asked whether I am relieved to complete my term and what I’ll do with the “extra” time I’ll have. This last Professional Responsibility column is a good time to address both. Let me first say that I’ve […]

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MSBA Tech Committee members named

MSBA President Mike Unger has appointed members of a new Technology Committee that will be charged with keeping current on changes in legal technology and determining how the MSBA can best assist its members to stay at the forefront of these changes. Serving on the Committee are Daniel Cragg, Kathleen Harrell-Latham, Mary Kaczorek, Susan Jennen […]

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MSBF says “thank you”

The Minnesota State Bar Foundation exists for the express purpose of providing monetary grants to community and law-related programs and activities. Areas of emphasis include legal assistance to the disadvantaged, improvements in the administration of justice and law-related education. The Foundation, which is part of the MSBA, typically awards over $100,000 in grants each year […]

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