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Judicial Elections and Free Speech in 2018

Recent federal decisions show that reconciling the free speech rights of judicial candidates with judicial integrity is difficult yet essential. At the same time, since judicial campaign rules are narrowly drawn, they leave plenty of opportunity for very negative, well-funded judicial campaigns. This article traces the arc of relevant case law from the White case to the present day. Judical candidates have now […]

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The Road Taken

From muddy trails to interstate highways, a history of Minnesota’s roads and the role courts and governments played in it It wasn’t always this way. The idea of getting in a car and driving on a paved road from Worthington to Grand Portage, or from Winona to Hallock, is a mid-20th century phenomenon. Minnesota started […]

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Bitcoin: ready or not…

Bitcoin for legal services remains a conundrum, but it’s one that firms need to reckon with Can a law firm accept bitcoin for legal services? What was once a purely theoretical scenario has become increasingly feasible. Rather than waiting idly for clarity, lawyers should begin positioning themselves now for the coming age of cryptocurrencies. On October […]

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Wide Variety of New Civil Rules Take Effect in July

What you need to know about the new amendments to the Minnesota Rules of Civil Procedure On March 13, 2018, the Minnesota Supreme Court promulgated amendments to the Minnesota Rules of Civil Procedure.1 The amendments take effect on July 1, 2018, and are broad in reach, if not necessarily earth-shaking. They change more than 15 rules […]

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‘All of a sudden it was like, Holy Cow’—The opioid epidemic is ravaging northeastern Minnesota—and its legal system

Duluth’s heroin problem started with prescription opioids—pain pills. In the first decade of the new century, St. Louis County didn’t record a single heroin overdose. Beginning in 2011, the heroin deaths began to mount and have remained in the double digits every year since. The epidemic levels of opioid abuse have created a state of perpetual crisis in drug courts and […]

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First, Do No Harm: The intersection of opioids and the courts

The growing number of opioid users entering the legal system poses many challenges for courts, not least in the area of devising pretrial release protocols that minimize the danger of death by overdose. This article, written in consultation with a physician specializing in the treatment of addiction, spells out factors to consider when courts face […]

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The Quality of Mercy

Why I asked for leniency at the sentencing of the drug dealer who sold my son Max a fatal dose “In my younger and more vulnerable years my father gave me some advice that I’ve been turning over in my mind ever since. ‘Whenever you feel like criticizing any one,’ he told me, ‘just remember that […]

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In Time for Spring: Bike Law 101

What lawyers should know about the rules of the road and bike-relevant insurance law Springtime is finally around the corner. The melting of snow triggers a typical Minnesotan desire in both young and old to put some air in the tires, find a helmet, and jump on our bicycles for a ride. This makes perfectly good […]

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Trump Year One: A conversation with four Minnesota immigration lawyers

with DAN DONNELLY, DANIELLE HENDRICKSON, SAIKO McIVOR, and R. MARK FREY The Trump administration’s directives on immigration have been making headlines since the president’s first week in office. But there is more to the story than the fabled travel ban. In this article, four Minnesota immigration lawyers talk candidly about how the new regime has affected their practices and their […]

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#MeToo in the Law Firm: Lessons for lawyers from the post-Weinstein reckoning

Since last fall, when a spate of stories about the disgraced movie producer Harvey Weinstein spawned the #MeToo movement, countless women have come forward to tell their own, frequently long suppressed, stories of sexual harassment in the workplace. There is every reason to believe that the legal profession has more than its share of stories, some of which may […]

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