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Guest or Tenant?

The relationship between temporary lodging establishments and the landlord/tenant statutes, and why it matters. Among property rights, the right to exclude is considered the most significant. Where a landlord/tenant relationship exists, the landlord’s right to exclude is predicated on the landlord’s obtaining a court order granting eviction against the tenant. Irrespective of the basis for […]

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Sex Harassment Settlements: A new scarlet letter for employers?

How the movement to abolish NDAs and confidential settlements could produce unintended consequences. Prelude to a stigma Nathaniel Hawthorne’s ageless novel The Scarlet Letter has surprising relevance to the current #MeToo/TimesUp movement. Hawthorne paints the story of Hester Prynne, a beautiful young woman presumed to be guilty of having a child while engaged in an […]

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Traumatic Brain Injury

A Beginners Guide for Criminal Justice and Legal Professionals Traumatic-brain injury (TBI) is a serious disorder that can result in a host of short and long-term deficits and is common among individuals involved in the criminal justice system. Individuals affected by TBI may experience a broad range of symptoms, including disturbances in adaptive functioning (e.g., […]

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MSBA President 2018-19: Paul Godfrey

A Coaching Style of Leadership By all accounts, Paul Godfrey, the 2018-19 Minnesota State Bar Association president, is a conscientious straight-shooter who likes to get things done. He’s also a long-time coach who brings a team mentality to his playbook.   If you have occasion to phone Paul Godfrey while he’s serving as MSBA president this […]

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Combat Trauma and Criminal Responsibility

Recognizing PTSD and assessing its impact on legal options Since its formal addition to the Diagnostic and Statistical Manual of Mental Disorders (DSM) in 1980, post-traumatic stress disorder (PTSD) has been increasingly argued in both criminal and civil court. Subsequently, several states have accepted PTSD as both a mitigating and exculpatory factor in criminal cases.1 Estimates of PTSD […]

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Stairway to Hell: How the Supreme Court is upsetting the equilibrium in Minnesota’s workers’ comp system

Minnesota’s workers’ compensation system has been around for over 100 years. The essence of the “grand bargain” that underpins our system is found in the introductory provision to our workers’ compensation act: The workers’ compensation system in Minnesota is based on a mutual renunciation of common law rights and defenses by employers and employees alike. […]

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2018 Legislative Session Review

In a session short on accomplishments, the MSBA agenda fared well at the Capitol The 2018 Minnesota legislative session concluded—depending on your view—in disagreement, dysfunction, or both. The roots of the breakdown between DFL Gov. Mark Dayton and the GOP-controlled House and Senate began to grow during the 2017 session, which ended with Dayton using […]

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Supreme Court Limits Securities Safe Harbor in Bankruptcy Clawbacks

The United States Supreme Court, in Merit Management Group, LP v. FTI Consulting, Inc., has resolved a circuit split over the scope of the Bankruptcy Code’s securities safe-harbor provision, concluding that a transfer can be undone in bankruptcy even if the financial institution served as a mere conduit. Section 546(e) of the Bankruptcy Code shelters […]

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Whence Lawyer Discipline?

The origins and evolution of the Lawyers Professional Responsibility Board Forty-eight years ago, the ABA Clark Report assayed lawyer discipline systems around the United States and proclaimed a crisis. This article traces the history of the Lawyers Professional Responsibility Board that Minnesota launched in response, and examines the changes it has undergone in the decades to […]

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Paul Godfrey: That resort was a gas!

When a group of six or eight individuals shares an experience, it’s often the case that their stories about it change over the years, depending on who retells it. Perhaps that’s what makes the tale of how four couples almost lost their lives during the 1991 Minnesota Defense Lawyers Association President’s Day meeting at a […]

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