Sulfide Mining in Northern Minnesota: A Review of Possible Legal Recourse for Environmental Harm to Individuals

By: Jamison L. Tessneer

Minnesota has an extensive history of mining. Beginning in the nineteenth century, mining in Minnesota focused on limestone and to a limited extent, gold. However, Minnesota is predominantly known for its iron ore mining. In the late nineteenth and early twentieth century, three iron ranges in northern Minnesota became the underpinning of a mining economy that would provide hundreds of jobs and tons of iron ore to be processed into steel.

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RETAINING THE SCARLET LETTER: THE TENSION BETWEEN BRANCH POWERS, LAW, AND EQUITY WITH INHERENT AUTHORITY EXPUNGEMENT—STATE V. M.D.T.

By: Robert C. Whipps

Imagine you are twenty-one years old, uninsured, and you need to go to the doctor because of an illness. You can barely scrape the money together for the visit, and certainly cannot afford a second appointment. The doctor writes you a prescription for some cold medicine. Prior to visiting the pharmacy you change one number, doubling the prescription. You are relatively young and don’t realize this split-second act of poverty will haunt you for at least the next fifteen years of your life.

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Indemnification and Insurance: Who Is To Blame?—Engineering & Construction Innovations, Inc. v. L.H. Bolduc Co., 803 N.W.2d 916 (Minn. Ct. App. 2011)

By: Eric M. Carpenter

Indemnification is defined as the “action of compensating for loss or damage sustained.” Therefore, indemnity is the “right of an injured party to claim reimbursement for its loss, damage, or liability from a person who has such a duty.” “The right of indemnity can be contractual or it can arise under common law or statute.”

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Minnesota’s Inherent Authority Criminal Expungement Law: Two Years After State v. S.L.H.

By: Lindsay W. Davis

The Minnesota Supreme Court last considered the issue of the inherent authority expungement, in particular, a district court’s ability to seal records held outside the judicial branch, over two years ago in State v. S.L.H. Since then, individuals continue to seek relief from the effects of their criminal records, and the number of expungement petitions has remained steady. The Minnesota Court of Appeals has analyzed inherent authority criminal expungements in several cases since S.L.H., producing two published decisions. This article will explain how the appellate courts have applied and refined S.L.H., and which circumstances may still warrant relief to seal executive-branch records under the court’s inherent authority.

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The Theory and Application of Equal Protection: Developments in the Right to Counsel

By: Eric Wolf

Surprising, perhaps, to some, but apparently true: economic inequality itself, as distinguished from absolute poverty, tends to increase the rates of crime and social unrest. James Madison asserted as much in Federalist 10, writing that “the various and unequal distribution of property” is “the most common and durable source” of conflict, and modern social science supports the idea. Inequality is correlated most strongly with homicide, but also with rape, child abuse, robbery, and various other crimes and social ills.

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Cargill v. Ace American Ins. Co.: The Minnesota Supreme Court Reminds Us Of The Value of Every 2-Year-Old’s Favorite Question

By: Chad Snyder

Why? That, I learned in one of the more productive hours of my law school experience, is the answer any lawyer should be ready to give in support of any legal argument. And, as one of my fellow students learned the hard way in one of those hard-to-watch Socratic moments, “because another case says so” is not always or even often a good enough “why.” Common law, by its nature, evolves. So it is not enough to rest on the argument that a court should apply your proposed rule because it happens to be the rule that has been applied before. A lawyer making an argument or, though my professor did not say so, a judge issuing a decision, should be able to articulate a reason the legal rule she advocates should be adopted or maintained, and why it functions better than the alternative or alternatives.

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