The Minnesota appellate courts were particularly consumed with the topic of vacations this summer. The subject was not setting aside time off from work, but rather attempts to set aside lower court rulings.
Read More »Concurrent cases consider crime-sex conduct
The crime conventionally known as rape has been denominated as criminal sexual assault in Minnesota statutes, similar to those in many other jurisdictions. The change in terminology may take some of the sting out of the evocative term, but it does not detract from the serious legal questions the incidents often raise.
Read More »Federal, state cases examine immunity issues
Immunity issues often arise when public sector personnel and the entities they serve are sued for constitutional violations under the Federal Civil Rights Act, 42 U.S.C. sec. 1983. The officials and the government agencies for which they work often assert that they cannot be sued because their actions did not violate “clearly established” constitutional rights. If so, they are protected from claims because of immunity.
Read More »Court ponders pair of problematic police proceedings
In recognition of these difficulties, some laws give them special treatment. For instance, assaulting a police officer can yield a more substantial punishment than committing similar mischief to someone else. See Minn. Stat. sec. 609.221, subd. 2. On the other hand, when they commit criminal misdeeds, police officers often are subject to harsher punishment because of their derelictions.
Read More »Coming court clash: Same-sex v. stare decisis
One of the more intriguing cases now in the Minnesota appellate court system is the challenge to the Minnesota prohibition on same-sex marriages. The challengers, who lost in Hennepin County District Court, have taken their battle to the Court of Appeals to overturn the Minnesota Defense of Marriage Act (DOMA), a measure enacted in 1997 prohibiting marriages between people of the same gender. Benson v. Alverson, A-110811 (May 3, 2011).
Read More »Perspectives: Dual decisions discuss dueling diatribes
The Minnesota Court of Appeals recently issued dual decisions in concurrent cases dealing with verbal duos. In both cases, the Court reversed rulings against those engaged in the diatribes.
Read More »Two Minnesota cases highlight high court term
The U.S. Supreme Court passed upon a wide swath of cases during its recently concluded 2010-11 term. They range from “A” for arbitration to “Z” for zealous representation.
Read More »Appellate Court splits on enrichment cases
The term “unjust enrichment” is an evocative one, heavily imbued with legal and moral equitable considerations.
Read More »Perspectives: Telephone troubles torment two terminations
Employees who are terminated because they are absent from work without calling in usually lose their claim for unemployment compensation benefits.
Read More »Tribunal tackles two teacher tenure tussles
Now that it’s summer, there is less activity in academic environments until students, teachers and staff members return in a few months.
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