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The Privacy Paradox

Ten years after its birth, the right of privacy in Minnesota continues to raise conflicting considerations. In July 1998, Minnesota joined virtually every other state in recognizing an individual’s right of privacy.  After years of unsuccessful effort, privacy advocates enthusiastically greeted the Minnesota Supreme Court’s adoption of a common law right of privacy.  Those who […]

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Changes Afoot for FMLA

Unchanged over 15 years on the statute books, the federal Family & Medical Leave Act has often been applied and construed by Minnesota’s federal district and appellate courts.  Change is now in the wind, as the Department of Labor has issued proposed regulations that are expected to take effect later this spring. This winter—February 5, 2008, […]

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Enlarging the State Supreme Court

Over 150 years Minnesota’s Supreme Court has grown from three to seven members while lower courts have grown many-fold. Perhaps the time has come to consider adding justices to Minnesota’s top tribunal. “Some say there are nine Muses, but they are wrong.” Plato, No. 36 Minnesota’s 150th birthday, which will be marked with Sesquicentennial celebrations in […]

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Lay Leaves Lasting Legacy

Within the last year not one, but two Minnesota jurists have stepped down after long service and significant contributions to the jurisprudence of the 8th Circuit Court of Appeals. Here we remember and salute the contributions of the late Judge Donald Lay. The death on April 29th of 8th Circuit Judge Donald Lay marked the conclusion […]

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40 Years of 8th Circuit Jurisprudence: Highlights in the Career of Judge Gerald Heaney

Judge Gerald Heaney’s retirement from the 8th Circuit Court of Appeals last August placed the capstone on his 40 years of service on the appellate court, an era in which his decisions shaped the law governing interstate commerce, public education, freedom of expression, and discrimination, among other matters. The recent retirement of Judge Gerald Heaney of Duluth […]

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Amending the Constitution: History and Hysteria

The Transportation Amendment to the Minnesota Constitution, which was put to the voters last fall following a contentious detour through the court system, is but the latest instance in a legacy of litigation involving constitutional amendments in Minnesota. Last year’s proposed amendment to the state constitution to increase transportation funding attracted a majority of voters […]

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