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Bench & Bar of Minnesota is the official publication of the Minnesota State Bar Association.

Lake Law 101 – Or: So You Want To Own a Cabin…

Owning a place ‘up north’ is the stuff of Minnesotans’ dreams. But along with the rustic setting and the sun-dappled shoreline, there comes a thicket of laws, regulations and potential boundary disputes that the wise would-be purchaser will get to know. It seems that owning a cabin in northern Minnesota is every Minnesotan’s dream. The […]

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Ending Discrimination Against Women Globally—and Locally

MSBA backs ratification of CEDAW, a long-stalled UN convention on the elimination of discrimination against women. On December 11, 2015, the Minnesota State Bar Association (MSBA) unanimously passed a resolution supporting efforts to end discrimination against women here and abroad through the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). A […]

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A Jounce, A Pat, A Plop, A Plunk: Minnesota’s Broad New Assault Crime

A pair of Minnesota court decisions have upended traditional definitions of what constitutes assault First came State v. Fleck, a 2012 Minnesota Supreme Court decision that significantly dissociated two types of assault crimes—assault-fear and assault-harm. Then, this year, an appellate court further hairied matters with its decision in State v. Dorn, churning up more questions for […]

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Non-compete Agreements: The Latest Minnesota/ Wisconsin Border Battle

Wisconsin decision puts the states at odds over non-compete provisions in employment agreements. Thanks to a recent Wisconsin Supreme Court decision, the law in Minnesota and its neighboring state now differs on the key, threshold issue of whether continuation of existing employment supports a non-compete agreement. Minnesota employers may want to rethink choice of law […]

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‘Justice is not simply a result’

An interview with the newest member of the Minnesota Supreme Court, Justice Natalie Hudson Governor Mark Dayton appointed Justice Natalie Hudson to the Minnesota Supreme Court on October 26, 2015. She had previously served for 13 years on the Minnesota Court of Appeals, to which she was appointed by Governor Jesse Ventura in 2002. Justice Hudson started […]

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Lawyers, Drinking, Depression: A Problem That Isn’t Going Away

A landmark study by the American Bar Association and the Hazelden Betty Ford Foundation depicts a profession troubled by problem drinking, depression, anxiety—and abiding fears about seeking help. In a pair of interviews, Joan Bibelhausen of LCL and study co-author Linda Albert discuss the findings and what the profession can do to address them. Interview Minnesota […]

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Campaign Finance Disclosure in a Citizens United World

Though U.S. Supreme Court decisions such as Citizens United and Wisconsin Right to Life have dramatically refigured the campaign money equation, those decisions still afford room for further disclosure requirements. Minnesota is among the states whose legislatures have bills pending on the subject. Since Citizens United v. F.E.C,1 there have been many discussions about campaign […]

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Show Them The Money: Medicaid Secondary Payer Recovery in Injury Cases

The expansion of Medicaid benefits under the Affordable Care Act has spurred federal action to ensure that states can more aggressively recover costs incurred by the government in injury cases. In Minnesota, where case law has limited Medicaid cost recovery in the past, attorneys handling Medicaid-related injury cases will need to master a new statutory […]

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Our Lunch with Justice Scalia

Many of us were moved by Supreme Court Justice Antonin Scalia’s passing last month, recalling his transformative legal theories, colorful writing style and forceful personality. The Justice had visited Minnesota several times during his long tenure on the Court. One of his last visits was to the University of St. Thomas on May 11, 2015. […]

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Just Saying No: The Limits of Warrantless Searches

A case involving Minnesota’s DWI test refusal statute could yield a major 4th Amendment decision from the United States Supreme Court Minnesota is one of a handful of U.S. states that have criminalized the refusal to submit to a warrantless search in suspected DUI cases. This term, the U.S. Supreme Court will review a Minnesota […]

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