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for: ‘July, 2018’

Associate Attorney

The Association of Midwest Professional Educators seeks an associate attorney to provide consultation and legal services to members regarding labor and employment issues. Position requires a basic understanding of public sector labor and employment law. Experience with school law beneficial.  Please send resume and cover letter to acameron@ampeducators.org.

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Traumatic Brain Injury

A Beginners Guide for Criminal Justice and Legal Professionals Traumatic-brain injury (TBI) is a serious disorder that can result in a host of short and long-term deficits and is common among individuals involved in the criminal justice system. Individuals affected by TBI may experience a broad range of symptoms, including disturbances in adaptive functioning (e.g., […]

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MSBA President 2018-19: Paul Godfrey

A Coaching Style of Leadership By all accounts, Paul Godfrey, the 2018-19 Minnesota State Bar Association president, is a conscientious straight-shooter who likes to get things done. He’s also a long-time coach who brings a team mentality to his playbook.   If you have occasion to phone Paul Godfrey while he’s serving as MSBA president this […]

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Combat Trauma and Criminal Responsibility

Recognizing PTSD and assessing its impact on legal options Since its formal addition to the Diagnostic and Statistical Manual of Mental Disorders (DSM) in 1980, post-traumatic stress disorder (PTSD) has been increasingly argued in both criminal and civil court. Subsequently, several states have accepted PTSD as both a mitigating and exculpatory factor in criminal cases.1 Estimates of PTSD […]

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Stairway to Hell: How the Supreme Court is upsetting the equilibrium in Minnesota’s workers’ comp system

Minnesota’s workers’ compensation system has been around for over 100 years. The essence of the “grand bargain” that underpins our system is found in the introductory provision to our workers’ compensation act: The workers’ compensation system in Minnesota is based on a mutual renunciation of common law rights and defenses by employers and employees alike. […]

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2018 Legislative Session Review

In a session short on accomplishments, the MSBA agenda fared well at the Capitol The 2018 Minnesota legislative session concluded—depending on your view—in disagreement, dysfunction, or both. The roots of the breakdown between DFL Gov. Mark Dayton and the GOP-controlled House and Senate began to grow during the 2017 session, which ended with Dayton using […]

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Supreme Court Limits Securities Safe Harbor in Bankruptcy Clawbacks

The United States Supreme Court, in Merit Management Group, LP v. FTI Consulting, Inc., has resolved a circuit split over the scope of the Bankruptcy Code’s securities safe-harbor provision, concluding that a transfer can be undone in bankruptcy even if the financial institution served as a mere conduit. Section 546(e) of the Bankruptcy Code shelters […]

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Whence Lawyer Discipline?

The origins and evolution of the Lawyers Professional Responsibility Board Forty-eight years ago, the ABA Clark Report assayed lawyer discipline systems around the United States and proclaimed a crisis. This article traces the history of the Lawyers Professional Responsibility Board that Minnesota launched in response, and examines the changes it has undergone in the decades to […]

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Notes & Trends – July 2018

ADMINISTRATIVE LAW JUDICIAL LAW • Data Practices Act; ‘substantial evidence’ standard of review. In an important case under the Minnesota Government Data Practices Act, the Minnesota Supreme Court held that the ‘substantial evidence’ standard of review applies to data practices disputes heard by administrative law judges and clarified the act’s requirement that data requests be handled […]

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Social media and managing reputational risk

Recent events involving a certain television show remake and its quick and much-applauded cancellation have me ruminating on the repercussions of social media usage. In today’s digital world, many of us feel pressured to keep up with the constant onslaught of information that presents itself to us on a minute-by-minute basis. Through any number of […]

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