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On President Trump’s January 27, 2017 Executive Order Regarding Immigrants, Non-Immigrants, and Refugees

The practical implications, why it’s not likely to be temporary, and the legal and constitutional concerns it raises.   When President Trump signed Executive Order 13,769, “Protecting the Nation from Foreign Terrorist Entry into the United States,” (the “Order”) on January 27, 2017, he exercised power under 8 U.S.C. §1182(f) in a way that raises […]

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Understanding Title IX Investigations: What they are and what they aren’t

Reactions to the recent investigation of 10 suspended University of Minnesota football players revealed widespread misunderstanding of the differences between a criminal investigation/prosecution and the campus adjudication process dictated by Title IX statutes and regulations. This article seeks to clarify key points of law regarding Title IX investigations. In recent years, campus sexual assault has […]

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Hall of Mirrors: 3D printing and IP law

By creating replicas of existing objects, 3D printers raise a host of intellectual property concerns. This article examines the protections afforded IP owners under current law in the face of the technological upheaval that lies ahead. Gartner, Inc. touts itself as “the world’s leading information technology research and advisory company.” Accordingly, intellectual property lawyers should […]

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‘An honor and privilege that comes with responsibility’

An interview with Justice Anne McKeig of the Minnesota Supreme Justice Anne McKeig joined the Minnesota Supreme Court as an associate justice on September 1, 2016. A descendant of the White Earth Nation, Justice McKeig is the first American Indian to sit on the state’s highest court. Her appointment also created a women’s majority on […]

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The Cohabitation Conundrum: What’s new in Minnesota’s new cohabitation law?

In August Minnesota enacted a new subdivision to Minn. Stat. §518.552 that permits the modification, reservation, suspension or termination of spousal maintenance obligations owing to a recipient’s cohabitation. This article examines the analytical standards that should be brought to bear in assessing potential legal action on the basis of the new law. Effective August 1, […]

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‘Like’-ly Litigation: Social-media use sends Minnesota students, employers to court

Recent Minnesota cases demonstrate the power of social media but also its legal pitfalls. The legal issues stemming from social-media use cut across practice areas and implicate core principles ranging from personal jurisdiction to the power of courts to regulate and restrain speech.   A few keystrokes on Facebook or Twitter can have immediate, far-reaching effect. […]

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Reanimating Dead Law: Employer sorcery after the Minnesota Whistleblower Act amendments

In 2013, the Minnesota Legislature amended the Minnesota Whistleblower Act to expand the law’s protections for employees. But many courts seem unaware of the amendments’ existence or, when aware, wary of departing from years of precedent. In November 2016, a federal judge certified the question of the continuing validity of the expose-an-illegality rule to the […]

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FAQ: The coming MSP sick time/safe time ordinances

What is this? Both Minneapolis and St. Paul have passed ordinances providing that all employees who perform work in the city for at least 80 hours per year are entitled to earn paid sick and safe time. This includes employees who are based in and/or primarily work in other cities, if they work at least […]

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A Fresh Look at the Problem of Unpublished Opinions

Why it’s time to reconsider Minnesota’s approach Members of the bar have long chafed at the designation of appellate opinions as “unpublished.” But the concept has many judicial defenders, including past and present judges on the Court of Appeals. In this article, a justice of the Minnesota Supreme Court and his former law clerk argue for […]

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Why Your Firm Needs an Ethics Partner. Now.

Recent changes in law make it a top priority Recent legal developments dictate that every law firm in Minnesota should designate a firm ethics counsel. First and foremost, the law on in-firm attorney-client privilege has undergone a tectonic shift—but there are many vital reasons to take this step now if you haven’t already. Does your […]

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