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Take Two: President Trump’s Suspect March 6 Travel Ban Order

The president’s March 6, 2017 Executive Order, which is unlikely to prove temporary, continues to raise legal and constitutional concerns When President Trump signed Executive Order 13769, “Protecting the Nation from Foreign Terrorist Entry into the United States,” on January 27, 2017 (the “January 27 Order”), he exercised executive power to suspend the entry of […]

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Try to Remember: Estate planning for clients with dementia

Americans are living longer, and nearly 50 percent of them will be diagnosed with Alzheimer’s Disease by the time they are 85. Dealing with estate clients who may have dementia is challenging—and fraught with the potential for future litigation. This article offers insight into recognizing signs of dementia and taking steps to ensure that estate plans […]

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A Crisis of Complacency: Minnesota’s untested rape kit backlog

Every two minutes, someone in the United States is sexually assaulted.1 According to the Minnesota Coalition Against Sexual Assault, one in three Minnesota women have been sexually assaulted by mid-life.2 Almost two-thirds of all rapes are committed by someone who is known to the victim. If you know three women, it is likely that you know […]

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Is There An Implied Covenant in Employment Agreements?

Understanding an important discrepancy in case law Lawsuits claiming breaches of an implied covenant of good faith and fair dealing in employment agreements are dismissed every day. Why do plaintiffs keep trying? Because there is a discrepancy in case law. In some matters it has been held that it was bad faith to terminate non-at-will […]

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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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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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