Articles

Minnesota’s racially biased jury pools and how to fix them

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Bethany O’Neill, Cresston Gackle, and David Schultz

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Apr 01, 2023

Changing racial demographics in the state, coupled with the practices currently used to determine jury pools, are empaneling juries that are not racially representative. The result is that trials often fail to produce justice and perhaps even violate the Sixth Amendment.

Full story

Diversity
Courts

SCOTUS: Bankruptcy doesn’t erase debts incurred by the fraud of another

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George H. Singer

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Apr 01, 2023

The United States Supreme Court recently answered the question of whether a debtor in bankruptcy can discharge a debt resulting from another person’s fraud, even if the debtor is not aware of the fraud.

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Bankruptcy

What the Respect for Marriage Act does and doesn’t mean

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Connor Burton and Matt Yost

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Apr 01, 2023

Many observers have heralded the Respect for Marriage Act as enshrining the right to same-sex marriage in federal law. But a review of the text of the Respect for Marriage Act and the legal precedent that it is built upon reveals its limitations.

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Federal Law

Caregiver beware: Spotting scams that target seniors and other vulnerable adults

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Noah Lewellen

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Apr 01, 2023

Scams targeting senior citizens and other vulnerable adults are all too common. They typically focus on emotional pressure points: asking people to make snap decisions, ostensibly to help loved ones; preying on social isolation; and taking advantage of lack of familiarity with technology or changing methods of communication.

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Consumer Protection

Getting serious about prosecutorial misconduct

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Barry S. Edwards and Stacy L. Bettison

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Mar 02, 2023

Over the past several years, increased attention has come to those wrongfully convicted because of prosecutorial misconduct, particularly with such high-profile cases as those of Curtis Flowers, Walter “Johnny D.” McMillian (the subject of the Hollywood-produced feature film Just Mercy), the Netflix documentary Making a Murderer, and the podcast Serial, featuring the case of the recently released Adnan Sayed.

Full story

Criminal Justice
Courts

I thought I loved family law. Practicing it almost wrecked my life.

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CARRIE OSOWSKI

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Mar 02, 2023

After 14 years of being exposed to every detail of my parents’ divorce and subsequent custody battles, practicing family law seemed to be the obvious choice, since I knew I wanted to be an attorney. When asked “why family law?”, I would say it was so that I could “use my trauma for good.” In theory, it was a great idea; in practice, it nearly destroyed my mental health.

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Family Law

Broken ladders and shattered windows: Addressing the representation gap of women of color in corporate leadership positions

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Dr. Artika R. Tyner & Olivia Liz-Fonts

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Mar 02, 2023

Women of color are still waiting to realize the promise of ladders to success and windows of opportunity. Currently women of color make up 17 percent of corporate entry-level positions, yet only 4 percent are represented at the c-suite level. This significant difference in representation is the result of passive DEI initiatives.

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Diversity and Inclusion

ADR: Understanding the new Code of Ethics for Court-Annexed Neutrals

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Kristi Paulson

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Mar 02, 2023

Inside ADR’s Minnesota rules reset, part two: In formulating the new rule, the Court recognized that public confidence in the integrity and the fairness of the ADR process is essential. A high standard of ethical conduct is essential to advancing the goals set forth in the ADR Code of Ethics for Court-Annexed Neutrals.

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Felons Can't Vote: Civil Death in the US

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Ellen J. Kennedy and Judge Tara Kalar

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Feb 27, 2023

The United States is the only democracy in the world in which most convicted offenders who have served their prison sentences are denied the right to vote for many years, and in some cases for the rest of their lives. We examine this phenomenon globally, in the US, and in Minnesota, where the 2023 Legislature was poised to act as this issue went to press.

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Legislation

Building a more accessible bar

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Moderated and introduced by Ann Motl

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Jan 30, 2023

A roundtable conversation featuring members of the Minnesota Disability Bar Association.

Full story

Diversity and Inclusion

Minnesota Supreme Court recognizes the common interest doctrine

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ANDY DAVIS & CONNOR SHAULL

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Jan 30, 2023

All federal appellate courts, and most states—including, at long last, Minnesota—have now recognized the doctrine. Yet despite its wide acceptance, the common interest doctrine varies in important ways across jurisdictions.

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Courts

Live Wire: The law, Orthodox Judaism, and Minnesota’s eruvim

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Judah A. Druck

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Jan 30, 2023

What is this odd tradition? How does it work? And given that the wire often encroaches upon public land and requires government approval, how can the eruv function without violating the First Amendment? This article explores and answers these questions, including the ways in which the eruv has been litigated and how it might impact Minnesota’s own eruvim.

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Land Use Law
Public Law

Inside ADR’s Minnesota rules reset

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Kristi Paulson

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Jan 30, 2023

This article, the first of two, will provide an overview of the new rules and a general discussion of key aspects of those rules. It is not an exhaustive treatment of the changes, however, and it is not a substitute for reading the new Rule 114 in its entirety. Part two will focus on what practitioners need to know about the Code of Ethics and the ADR Ethics Board.

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For trial lawyers, the generalist is the best specialist

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Justice G. Barry Anderson and Jevon Bindman

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Dec 01, 2022

Rather than complain about declining civil trial work or point to some earlier, more propitious time, this article recognizes the current legal landscape and discusses how attorneys can develop trial skills in an increasingly specialized world.

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Civil Litigation

The new world of NIL in Minnesota

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Michael T. Burke and Amber D. Crow

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Dec 01, 2022

How student-athletes can navigate the system of name, image, and likeness rights in high school and beyond

Full story

Sports & Entertainment Law

Something to chew on: How newly legal THC edibles interact with Minnesota employment laws

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Shawn J. Wanta and Susan E. Ellingstad

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Dec 01, 2022

Minnesota has one of the most restrictive drug and alcohol testing statutes in the country. It also has a statute protecting the rights of Minnesota employees to consume all legal food and beverages outside of working hours with very few limitations by employers.

Full story

Food & Drug Law

Have no fear, hyphens are here

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Ian Lewenstein

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Dec 01, 2022

Lawyers, whether or not by their own admission, aren’t the best punctuators. True, this lawyerly difficulty extends to other professionals. But because drafting and editing sit at the core of a lawyer’s work, proper punctuation skills are a must.

Full story

Legal Writing

Employment Practices Liability insurance demystified

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Britton D. Weimer

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Dec 01, 2022

Employment Practices Liability (EPL) insurance funds most judgments and settlements in employee suits against small and mid-sized employers. Thus, it is crucial for both plaintiff’s attorneys and defense counsel to understand the scope of the typical EPL insurance policy.

Full story

Employment and Labor Law

Minnesota after Dobbs

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Sharon Van Dyck and Scott Wilson

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Nov 01, 2022

Understanding the state Constitution’s protections for reproductive rights.

Full story

Legislation

Dobbs and minority rule: The view from Minnesota

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Scott Wilson and Sharon Van Dyck

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Nov 01, 2022

Most Americans support the right to an abortion, but in the Upper Midwest, Minnesota is isolated in its protection of that right.

Full story

Legislation

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Minnesota’s racially biased jury pools and how to fix them (?)

Bethany O’Neill, Cresston Gackle, and David Schultz (?)

Apr 01, 2023

SCOTUS: Bankruptcy doesn’t erase debts incurred by the fraud of another (?)

George H. Singer (?)

Apr 01, 2023

What the Respect for Marriage Act does and doesn’t mean (?)

Connor Burton and Matt Yost (?)

Apr 01, 2023

Caregiver beware: Spotting scams that target seniors and other vulnerable adults (?)

Noah Lewellen (?)

Apr 01, 2023

Getting serious about prosecutorial misconduct (?)

Barry S. Edwards and Stacy L. Bettison (?)

Mar 02, 2023

I thought I loved family law. Practicing it almost wrecked my life. (?)

CARRIE OSOWSKI (?)

Mar 02, 2023

Broken ladders and shattered windows: Addressing the representation gap of women of color in corporate leadership positions (?)

Dr. Artika R. Tyner & Olivia Liz-Fonts (?)

Mar 02, 2023

ADR: Understanding the new Code of Ethics for Court-Annexed Neutrals (?)

Kristi Paulson (?)

Mar 02, 2023

Felons Can't Vote: Civil Death in the US (?)

Ellen J. Kennedy and Judge Tara Kalar (?)

Feb 27, 2023

Building a more accessible bar (?)

Moderated and introduced by Ann Motl (?)

Jan 30, 2023

Minnesota Supreme Court recognizes the common interest doctrine (?)

ANDY DAVIS & CONNOR SHAULL (?)

Jan 30, 2023

Live Wire: The law, Orthodox Judaism, and Minnesota’s eruvim (?)

Judah A. Druck (?)

Jan 30, 2023

Inside ADR’s Minnesota rules reset (?)

Kristi Paulson (?)

Jan 30, 2023

For trial lawyers, the generalist is the best specialist (?)

Justice G. Barry Anderson and Jevon Bindman (?)

Dec 01, 2022

The new world of NIL in Minnesota (?)

Michael T. Burke and Amber D. Crow (?)

Dec 01, 2022

Something to chew on: How newly legal THC edibles interact with Minnesota employment laws (?)

Shawn J. Wanta and Susan E. Ellingstad (?)

Dec 01, 2022

Have no fear, hyphens are here (?)

Ian Lewenstein (?)

Dec 01, 2022

Employment Practices Liability insurance demystified (?)

Britton D. Weimer (?)

Dec 01, 2022

Minnesota after Dobbs (?)

Sharon Van Dyck and Scott Wilson (?)

Nov 01, 2022

Dobbs and minority rule: The view from Minnesota (?)

Scott Wilson and Sharon Van Dyck (?)

Nov 01, 2022

Minnesota’s racially biased jury pools and how to fix them

(?)

Bethany O’Neill, Cresston Gackle, and David Schultz

(?)

SCOTUS: Bankruptcy doesn’t erase debts incurred by the fraud of another

(?)

George H. Singer

(?)

What the Respect for Marriage Act does and doesn’t mean

(?)

Connor Burton and Matt Yost

(?)

Caregiver beware: Spotting scams that target seniors and other vulnerable adults

(?)

Noah Lewellen

(?)

Getting serious about prosecutorial misconduct

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Barry S. Edwards and Stacy L. Bettison

(?)

I thought I loved family law. Practicing it almost wrecked my life.

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CARRIE OSOWSKI

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Broken ladders and shattered windows: Addressing the representation gap of women of color in corporate leadership positions

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Dr. Artika R. Tyner & Olivia Liz-Fonts

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ADR: Understanding the new Code of Ethics for Court-Annexed Neutrals

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Kristi Paulson

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Felons Can't Vote: Civil Death in the US

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Ellen J. Kennedy and Judge Tara Kalar

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Building a more accessible bar

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Moderated and introduced by Ann Motl

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Minnesota Supreme Court recognizes the common interest doctrine

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ANDY DAVIS & CONNOR SHAULL

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Live Wire: The law, Orthodox Judaism, and Minnesota’s eruvim

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Judah A. Druck

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Inside ADR’s Minnesota rules reset

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Kristi Paulson

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For trial lawyers, the generalist is the best specialist

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Justice G. Barry Anderson and Jevon Bindman

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The new world of NIL in Minnesota

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Michael T. Burke and Amber D. Crow

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Something to chew on: How newly legal THC edibles interact with Minnesota employment laws

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Shawn J. Wanta and Susan E. Ellingstad

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Have no fear, hyphens are here

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Ian Lewenstein

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Employment Practices Liability insurance demystified

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Britton D. Weimer

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Minnesota after Dobbs

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Sharon Van Dyck and Scott Wilson

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Dobbs and minority rule: The view from Minnesota

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Scott Wilson and Sharon Van Dyck

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