Volume 44, Issue 1

Lawyers have a special role in the United States. When the drafters of the U. S. Constitution began with the idea that its purpose was “to form a more perfect union [and] establish justice,” lawyers were inserted at the center of the American project. According to their own code of conduct, Lawyers have a “special…

Thompson Reuters and Georgetown Law’s collaborative publication, The Report on the State of the Legal Market 2016 (“2016 Report”), opens with a brief case study of the Kodak company. The report describes Kodak as the camera and film market-maker during the 1970s and 1980s. During those decades, Kodak controlled “80 percent of the market for…

Come mothers and fathersThroughout the landAnd don’t criticizeWhat you can’t understandYour sons and your daughtersAre beyond your commandYour old road is rapidly agin’Please get out of the new one if you can’t lend your handFor the times they are a-changin’ It is to state the obvious that the internet has significantly altered how we obtain…

When discussing Effective Advocate Training, this Article is talking about one particular kind of advocacy: oral advocacy. It is the advocate who “assists, defends, pleads, or prosecutes for another.” The Article addresses one who understands rhetoric, “the art of speaking effectively”; that is, one who is “skill[ed] in the effective use of speech.” Effective oral…

The United States Constitution’s elemental precept, “form[ing] a more perfect Union,” launched from citizens’ longing to “establish Justice.” One of this country’s top societal dilemmas is that countless Americans cannot pay the expenses of retaining professional legal help when they most require it. Numerous pro se litigants have aggravated their problems by fruitlessly ending their…

A tenant who enters a lease agreement gains the right to possess a landlord’s property. Accordingly, a landlord unlawfully excludes a tenant if, in bad faith, the landlord prohibits the tenant from maintaining or recovering possession of the property. In Minnesota, a tenant who is unlawfully excluded has remedies against a landlord, including damages for…

In Jaeger v. Palladium, the Minnesota Supreme Court adopted a plain meaning construction of the “then residing therein” requirement for substitute service at an individual’s usual place of abode, rejecting the nexus test originally advanced by  the  Minnesota Court of Appeals in O’Sell v. Peterson. Under this strict application, a person accepting service on behalf…

“The capacity for dissociation enables the young child to exercise their innate life-sustaining need for attachment in spite of the fact that principal attachment figures are also principal abusers.” -Warwick Middleton In November 2014, a father discovered sexually explicit messages and photographs exchanged between his fifteen-year-old son and forty-one-year-old Krista Muccio. Despite Muccio’s constitutional challenges…

In Storms, Inc. v. Mathy Construction Company, the Minnesota Supreme Court held that a general contractor could force a subcontractor to accept a contractor’s reduced change orders on miscalculated estimated quantities—without breaching the subcontract. The Minnesota Supreme Court’s holding also yielded an equitable outcome because the general contractor was not required to unjustly compensate the…