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The official publication of the Minnesota State Bar Association



Recent Articles


Legal Paraprofessional Pilot Project Sought to Improve Access to Justice
Justice Paul C. Thissen and Judge John R. Rodenberg
May 05, 2020
The Pilot will test and assess whether allowing legal paraprofessionals to provide additional services will increase access to competent, quality representation for low- and modest-income Minnesota litigants, reduce court congestion, and provide opportunities for lawyers to expand their practices.
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Being a lawyer is hard. Don’t make it harder.
PATTY BECK
Apr 01, 2020
Ten tips & truths for navigating life as a new lawyer.
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New lawyers need a mentor and a sponsor. And they aren’t the same thing.
MOLLY B. HOUGH
Apr 01, 2020
Both relationships are crucial to your career. Treat them as priorities, add value to each relationship, and you will have both short-term and long-term career growth in ways that were not available to you before.
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Following the Unexpected Call: How I made the move from private practice to government in my early years of practice.
Hillary A. Taylor
Apr 01, 2020
I didn’t expect my plan to change. And I definitely didn’t imagine I’d be transitioning in my career as soon as 2019, when I made the move from private practice to public service.
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Inflexible Leave Policy Litigation: Stretching the limits of the ADA
COLIN HUNTER HARGREAVES
Apr 01, 2020
Inflexible leave policy litigation remains an area of law infrequently discussed by scholars and experts. This article provides a brief overview of recent developments.
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Whistleblowers after Friedlander
Kasia Kokoszka
Apr 01, 2020
Are Minnesota’s whistleblower protections effectively exposing illegality or simply blowing hot air?
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'I believe turnover in positions of power is good for representative government'
Jon Schmidt
Apr 01, 2020
An interview with Minnesota Court of Appeals Chief Judge Edward Cleary on the eve of his retirement
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Thinking Outside the Black Box: Reimagining attorney compensation for the 21st Century
Paul Floyd and Nick Ryan
Mar 02, 2020
Firms should consider whether a change in the transparency of compensation might benefit them in reaching their goals. If retaining younger lawyers and forging a connected culture are important, then more transparency may prove useful. 
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Minneapolis’s Great Experiment: An introduction to the Minneapolis 2040 Comprehensive Plan
Steven P. Katkov and Jon Schoenwetter
Mar 02, 2020
Minneapolis is now engaged in the most ambitious urban planning experiment in American history—at once hailed as a promising step to combat rising housing expenses and decried as bulldozing the idyllic American neighborhood. Regardless of sentiment, on January 1, 2020, Minneapolis rezoned approximately 70 percent of its land area in one fell swoop.
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BLE holds hearing on admission of foreign-trained lawyers
Emily Eschweiler
Mar 02, 2020
On February 5, 2020, the Minnesota Board of Law Examiners conducted a public hearing to discuss the issue of admitting lawyers with foreign legal education.
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Third child. First real parental leave. What’s wrong with this picture?
Michael P. Boulette
Feb 01, 2020
Why Minnesota should join the ranks of states making it easier for lawyers to take parental leave
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eDiscovery Without the Endless Battles
TOM TINKHAM & KATE JOHNSON
Feb 01, 2020
What you need to know about electronic documents to keep your client and yourself out of trouble
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Minnesota needs more foreign-trained lawyers
Inti Martínez-Alemán
Feb 01, 2020
The business case for making it easier to license attorneys trained outside the U.S. in Minnesota.
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Severe or Pervasive: Just How Bad Does Sexual Harassment Have to Be in Order to Be Actionable?
Sheila Engelmeier and Heather Tabery
Jan 21, 2020
An in-depth review of sex harassment case law: Viewed historically, the case law in the area of harassment in general, and sexual harassment in particular, has seemed to trend from pro-employee to pro-employer. The developments in the past several years show that the pendulum has swung quite emphatically toward the employer.
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The Trouble with Eyewitness Testimony: Toward a model jury instruction on witness accounts
By Julie Jonas, Jevon Bindman, and David Herr
Dec 30, 2019
This article describes the current jury instruction used in Minnesota, its origins, and recent attempts by Minnesota courts to address this issue. It identifies factors not included in Minnesota’s jury instruction that may be helpful in weighing the credibility of a testifying eyewitness, and offers a sample jury instruction that addresses those factors.
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Healthy Lawyers Are Productive Lawyers: The business case for promoting lawyer well-being
Patty Beck and Alice M. Sherren
Dec 30, 2019
Lawyers who are impaired—whether because of substance use, diagnosed mental health issues, or simply garden-variety stress—are more likely to commit legal malpractice or violate ethical rules.
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Workers' Compensation for Medical Marijuana? Not So Fast.
Sue Conley and Jeff Markowitz
Dec 30, 2019
In this article, we will first address the federal landscape, under which marijuana—even medical marijuana—is illegal for any purpose except for federal government-approved research. Second, we will discuss the impact of Minnesota’s 2014 medical marijuana amendment. Third, we will explain why MDOLI did not intend to—and did not actually—make medical marijuana reimbursable through the WCA.
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The New Scarlet Letter: Is Minnesota’s Predatory Offender Registry helping or hurting?
Stacy L. Bettison
Dec 01, 2019
In 1991, the Minnesota Legislature enacted the state’s first version of the sexual offender registry. Twenty-eight years and 35 changes to the law later, over 21,000 Minnesotans are on the Predatory Offender Registry. Has it been taken too far?
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Timberwolves Turning Thirty!
Marshall H. Tanick
Dec 01, 2019
Many decades of trials and tribulations by Minnesota’s professional basketball team and others—on the courts and in them.
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An interview with Chief Justice Lorie Gildea of the Minnesota Supreme Court
Jon Schmidt
Dec 01, 2019
Chief Justice Lorie Skjerven Gildea has served as the Chief Justice of the Minnesota Supreme Court since 2010. Before becoming the Chief Justice, she was appointed to the Minnesota Supreme Court as an Associate Justice in 2006 by Governor Tim Pawlenty. Prior to her time on the Court, Chief Justice Gildea served as a judge in the 4th Judicial District in Hennepin County.
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