March is Women’s History Month

Her Honor

 

 

This year marks the 100th anniversary of the 19th amendment to the U.S. Constitution which legalized a woman’s right to vote.  In Minnesota, 1922 was the first year that women could run for office in the Minnesota legislature, and four of the eight women candidates who ran for office won.  In the book Her Honor:  Rosalie Wahl and the Minnesota Women’s Movement author Lori Sturdevant provides intriguing and interesting facts about the twentieth century women’s movement in Minnesota:

  • The Minnesota Women’s Suffrage Association agitated for the full enfranchisement of women for forty years before achieving success.  The organization morphed into the Minnesota League of Women Voters.
  • Cornelia “Coya” Gjesdal Knutson—12 years Rosalie’s senior—was born on a farm in North Dakota.  Despite family struggles, she rose to political significance by financing her own campaign for election to the U.S. Congress, which she won in 1954, becoming the first woman in Minnesota to do so.  Sadly, her 1958 re-election bid failed due to false statements made about her family life and troubled marriage—attributed to her DFL colleagues and husband.  Coya Knutson was a victim of the inherent sexism of her time.
  • Rosalie Wahl went to law school by financing her own way; her family was well-established by then, and yet she gave birth to a fifth child while in law school.  Overcoming many obstacles, defeats, and triumphs, Rosalie became the first woman justice appointed to the Minnesota Supreme Court in 1977.  Her appointment came amidst Minnesota’s politically active feminists maneuvering for political office.
  • After her appointment to the Minnesota Supreme Court, Justice Wahl “viewed her role as helping her colleagues see justice from the bottom up—that is, from the vantage not only of women, but also of disadvantaged people of all kinds, including those accused of serious crimes.”  In 1987, the “Minnesota Supreme Court Task Force for Gender Fairness in the Courts” was established; it was headed by Justice Wahl.
  • Justice Wahl retired from the supreme court on August 31, 1994.  She involved herself in community service, including leadership training for young women.  She lived to see more women take on leadership roles in Minnesota: Kathleen Blatz was elevated to first woman Chief Justice of the Minnesota Supreme Court; Amy Klobuchar was elected Minnesota’s first woman U.S. Senator; and DFLer Betty McCollum was elected to the U.S. House of Representatives for the first time since voters sent representative Coya Knutson home in 1958.

Her Honor:  Rosalie Wahl and the Minnesota Women’s Movement is available for check-out from the Ramsey County Law Library.

 

 

 

 

 

 

 

If anyone sees the new Martin Scorsese film “The Irishman,” they will find an answer to one of the greatest missing person questions of all time: “What happened to Jimmy Hoffa?”  The film revisits one of the most corrupt periods in labor union history.  In 1967, Hoffa, who was president of the International Brotherhood of Teamsters (IBT), was targeted by U.S. Attorney General Robert Kennedy, and he received a jail sentence (or “going to school” in felon parlance) for numerous offenses.

hoffa

Hoffa’s misdeeds included misuse of pension funds, racketeering, bribery, jury tampering, and mail and wire fraud.  His actions epitomized an era of organized crime culminating in the government’s response in 1970 with passage of the Racketeer Influenced and Corrupt Organizations (RICO) Act.  Hoffa’s political ambitions for regaining the IBT presidency are what got him killed, according to the film.  It appears this conclusion is likely but still debatable.

The IBT after Hoffa fared poorly, as far as government scrutiny is concerned. Probably the most important Civil/Rico labor racketeering case in history happened in 1988/89 in U.S. v. IBT when the federal government seized temporary operational control of the Teamster’s Union under a consent decree to settle racketeering and corruption charges.  The legal action was brought by none other than Rudy Giuliani, who was then U.S. Attorney for the Southern District of New York.  Court supervision of the Teamster’s ended in 2015 with a 5-year phase out agreement that should end this year.

The term “white collar crime” was coined by Edwin Sutherland in a 1939 speech to the American Sociological Association. In the past decade, white collar crime included corporate and/or government sector offenses such as bank, securities, and tax fraud, commodities and health care fraud, embezzlement, money laundering, and bribery. These exploits are certain to continue, with the additional appearances of obstruction of justice and election fraud crimes on the horizon.

The 6-volume title White Collar Crime owned by the law library is available in both print and online formats, provided by Thomson Reuters. The book covers all the topics mentioned here (and more), and it provides strategies for both the prosecution and defense, trial and evidentiary issues, ethics, attorneys fees, sentencing, and sample materials.  You can view the table of contents for this title via this link.  Better yet, come visit us in the law library and come use the book in person.

White Collar Crime

 

Addicted Lawyer

The Addicted Lawyer by Brian Cuban offers a personal expose about one attorney’s struggles with addiction.  Cuban describes the “secret life of Brian” which prevailed for too many years and prevented him from seeking help for his drinking/drug problems.  At a recent Ramsey County Bar CLE book talk on Cuban’s story, David Schultz (Hamline U. Professor of Political Science and U of M Professor of Law) led a   discussion about causes for addiction among lawyers.  He also remarked that the younger generation of lawyers is much smarter than their elder colleagues because they seek help.

This book explains what addiction looks like in the legal profession with its many stressors, causing lawyers to experience higher levels of anxiety, depression and problem drinking than in the general population.  In addition to Cuban’s excellent book, recent resources include the following:

  1. Cuban’s book references a landmark study that examined the high incidence of addiction among attorneys,   The Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys  Krill, Patrick R. JD, LLM; Johnson, Ryan MA; Albert, Linda MSSW), Journal of Addiction Medicine: January/February 2016 – Volume 10 – Issue 1 – p 46–52.  This study was conducted by the Hazelden Betty Ford Foundation and the ABA’s Commission on Lawyer Assistance Programs; it confirmed “a substantial level of behavioral health problems among attorneys and revealed cause for great public concern.” (p. viii)
  2. The Path to Lawyer Well-Being: Practical Recommendations for Positive Change (2017) is the result of a study by the National Task Force on Lawyer Well-Being.  It found that between 21 and 36 percent of attorneys qualify as problem drinkers.  The study concluded that collectively, small steps can lead to transformative change, especially in a demanding profession.  It also focuses on ways to facilitate, destigmatize, and encourage help-seeking behaviors.
  3. At the highest level, Minnesota’s legal community has provided a response to the addiction problem among attorneys with the 2019 “Call to Action” summit hosted by the Minnesota Supreme Court. The summit presented plans for various legal entities—In-House Counsel, Large Law Firms, Public Lawyers, and Solo and Small Firms.
  4. For immediate assistance or for a confidential discussion about substance abuse and/or mental health concerns, Minnesota is fortunate to have Lawyers Concern for Lawyers (LCL).  They can be reached at 651-646-5590 or 1-866-525-6466.

At the conclusion of the CLE/talk about Cuban’s book, one young attorney shared with the group his struggles with addiction. He highlighted the fact that he was able to reach out to others in his firm with very positive results. The attorney continued in his job, has achieved sobriety, and is thankful for the ongoing support the firm provides.

The Addicted Lawyer is available for loan from the Ramsey County Law Library.

CalltoAction

 

Into the Judge’s Chamber

Cover photo of "Tough Cases"

 

Looking for an excellent new book that zooms in on judicial thinking and real world legal issues? Here’s a title you can sit back and enjoy over the holidays—or give to someone as a worthwhile gift—a new collection of essays on important legal cases written by the judges themselves:

Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made

The list of authors includes two from Minnesota. Judge Gail Chang Bohr writes “A Judge’s Hidden Struggle: Overcoming Judicial Culture” regarding a difficult child custody case. Judge Edward S. Wilson writes about his experience with the United Nations mission in Kosovo where he spent a year helping to build and dispense justice in a region torn by violence, war crimes, homicide, and organized crime. Both authors are retired Ramsey County judges.

The book contains thirteen personal essays, and some cover more well-known cases such as Terri Schiavo, Elian Gonzalez, and Scooter Libby. The judicial authors weave together substantive and procedural issues and embellish their storytelling with commentary, analysis, and insights about the parties involved.

All essays are fascinating to read, they describe what judges wrestle with, and they give an idea of the personal impact on the judges themselves.

The book is edited by Russell Canan, Gregory Mize, and Frederick Weisberg and is published by The New Press. The law library has a copy; or you can purchase the book on Amazon for just over $16.00.

Whether you make this a special gift for yourself or someone else, the reader will come away with genuine revelations, a better perspective, and satisfaction with time well spent.

 

Keeping Up with Immigration Law

immigration

 

Many attorneys are aware of the important immigration case Padilla v. Commonwealth of Kentucky (559 U.S. 356, 2010) which decided that a criminal defense attorney must advise a noncitizen client about deportation risks should the client negotiate a guilty plea.  The consequences of criminal activity are many and complex.  The book Immigration Consequences of Criminal Activity: A Guide to Representing Foreign-Born Defendants by Mary Kramer provides detailed analysis and resources for assisting noncitizens charged with crimes.  The book regularly references two legal sources: The Immigration and Nationality Act (8 USC Chapter 12) and the Code of Federal Regulations (Title 8).  Kramer details removal, detention, and deportability circumstances; she also discusses how to fashion a plea to avoid adverse consequences, including visa options for cooperating witnesses.  The section on immigration defense describes waivers and other available relief.

The Waivers Book: Advanced Issues in Immigration Law Practice provides attorneys with exceptions to the rules regarding inadmissibility and removability.  It introduces waivers—from A to Z—and includes waivers for refugees and asylees, and waivers related to unlawful presence.

These two books, as well as the following immigration titles Asylum Primer (2015), Business Immigration: Law & Practice (2017), and Litigating Immigration Cases in Federal Court (2017), were recently added to the law library collection.

 

Happy Law Day!

law-day-2018-1500-by-1500-cmyk

 

Thomas Jefferson called the distribution of power “the first principle of good government.”   More than 225 years later, Hilarie Bass, ABA President wrote, “The phrase “separation of powers” does not appear anywhere in the text of the U.S. Constitution, yet it is likely one of the most important concepts in understanding how the U.S. government is designed to defend the liberties that Americans had fought the Revolutionary War to achieve.”

And today, we celebrate this year’s Law Day Theme, Separation of Powers.

What can you do to celebrate with us?  Here in Ramsey County, the Law Library and the Ramsey County Bar Association will be hosting a CLE on May 3 featuring Hamline Professor David Schultz, who will be presenting, “The Court, the Constitution and Separation of Powers in American Law and Politics.”  Profession Schultz will be addressing why the framers wanted separation of powers along with other concepts, such as checks and balances, to be a feature of American law and politics.  The CLE is at noon, and will be held in Room 40 (in the lower level of the Courthouse), and is free to the general public and Ramsey County Bar Association members.  CLE credit is available.

If you have never been to the Courthouse, one-hour courthouse tours will be available on May 3 at 10 a.m., noon and 2 p.m.  Reservations are not required.  All tours will meet at the base of the Vision of Peace statue. Tours are courtesy of the Ramsey County Historical Society.

More Law Day Resources:

The Ramsey County Law Library has a new book on this topic called, The Supreme Court in a Separation of Powers System:  The Nation’s Balance Wheel by Richard L. Pacelle, Jr.

The President’s Proclamation on Law Day is posted on Whitehouse.gov, and you can learn more about Law Day at the ABA website.

 

 

 

You Asked: We Answered!

Here are a few titles we purchased for the law library in 2017.  The following books were recommended by library patrons.  When patron requests promise to add important content to the library, we try to purchase the material and hope other users will find it helpful as well.  Please contact us if you’d like to borrow any of these books.

30 (b)(6): Deposing Corporations, Organizations & the Government, by Mark Kosieradzki, Trial Guides, LLC, 2016.  The author uses detailed examples, practice samples, and approachable language to provide techniques for depositions and an understanding of FRCP 30 (b)(6).

Pet Law and Custody: Establishing a Worthy and Equitable Jurisprudence for the Evolving Family, by Barbara Gislason, ABA, 2017.  Minnesota native Gislason provides a comprehensive and very valuable review of animal law and pet custody.  The book promises to become a classic in the field.

Minnesota Housing Court Benchbook, by Mark Labine, 2011.  Mr. Labine wrote this book while a housing court referee for Hennepin County District Court.  This concise guidebook contains eleven checklists that define actions needed in court and sample orders for judicial officers.

 

police officer sidearmJust recently law enforcement in our tiny jurisdiction has come more visible than usual.  Obviously police officers are in the news every time a major criminal act in our community is investigated or a suspect is apprehended.   But this week the headlines went further, capturing a public meeting wherein citizens weighed in on potential changes to the St. Paul Police Civilian Internal Affairs Review Commission.  This 20-year old commission reviews complaints against police and makes disciplinary recommendations to the chief. It has always consisted of two officers and five civilians, but several meeting participants expressed their point of view that officers don’t belong on this commission. This debate is all the more significant given the fact that St. Paul Police began wearing body cameras only last week.

Also significant was this week’s announcement from Ramsey County Attorney John Choi that criminal manslaughter charges were being brought against Falcon Heights police officer Jeronimo Yanez in the shooting death of Philando Castile, which made national news. You can read Choi’s press conference transcript from his announcement and the complaint at the County Attorney’s website.

There is not much this blog can add to these events that isn’t already covered.  However, this is a good place to bring up some of the special resources that our library has regarding law as it pertains to police officers and police misconduct.  If this is something you are researching or plan to, we have some tools that might help:

  • Will Aitchison, The Rights of Law Enforcement Officers (7th Ed. 2015)
  • Michael Avery et al.  Police Misconduct: Law and Litigation (3d Ed. 2015)
  • Isidore Silver,  Police Civil Liability (1986- )

We also have plenty of criminal law materials that explore the constitutional parameters in which police officers do their jobs. Be aware that many of the police civil liability materials are library-use only, so set aside some time to visit our library!

 

Growing and Nurturing your Law Firm

Photo of three books mentioned

As the Law Librarian returns from vacation, it is amazing to behold the recent legal news in our community.  Last weekend we learned of the passing of local legal icon and former Ramsey District Judge Larry Cohen.  We also received news of the final breakthrough in the decades-long mystery of Jacob Wetterling’s disappearance.  To properly acknowledge these recent happenings, we want to recognize the significant public service career of the late Judge Cohen, who also served as the mayor of Saint Paul.  We also wish to extend our deepest condolences the Wetterling family as their long saga reaches its sad close.

As the drum continues to beat steadily that legal markets and law practices are changing, be aware of some new books from the ABA that address these changes.  These books might be helpful tools as you chart the future course of your law firm, and avoid the hazards along the way.  We also remind you of our 80th Anniversary celebration and free CLE coming up on Monday, September 26, 2016, so checking out one of these books will be easy if you plan to attend.

  •  The Lawyer’s Guide to Succession Planning: A Project Management Approach for Successful Law Firm Transitions and Exits by J.W. Olmstead. The purpose of this book is to provide guidance to all firms, but especially smaller ones. After examining the “silver tsunami” of senior attorneys headed for retirement in the near future, the book offers transition approaches and action plans for dealing with the inevitable departures. Case studies and sample agreements are included, as well as downloadable files of sample worksheets and agreements.
  • Building Rainmakers: An A to Z Guide to Business Development Training by D.K. Keller.  Business development is not a traditional legal skill, but nowadays it is a necessary one.  This book is essentially an encyclopedia of business development training tools for firm management, including tips and tools from interviews with business leaders and rainmakers of leading firms.
  • Risk Management: Survival Tools for Law Firms (3d Ed.) by A.E. Davis and K.M. Lachter. Significantly updated from its 2007 edition, this book covers recent sea changes in law that relate to technology, the financial crisis, and the rise of non-lawyers. Just “staying out of trouble” in the professional sense now involves much more than avoiding traditional malpractice and ethical snags.  This revised book now includes special guidance for risk management and due diligence in light of these new forces.

 

 

Law Day 2016 – Miranda: More than Words

 

Leslie J. Rosenberg

Leslie J. Rosenberg
Minnesota Assistant
Appellate Defender

Once again National Law Day will soon be upon us. Sponsored by the American Bar Association (ABA), this annual event highlights the role of law and justice in our society, while giving attention to the special role of courts in our democracy. Congress designated May 1 as the official date for celebrating Law Day in 1961. This year’s theme, which is Miranda: More than Words highlights the 50th anniversary of the well-known U.S. Supreme Court case, Miranda v. Arizona. The theme explores Miranda rights as they traditionally apply to police interrogation, but also shines light on all the procedural protections afforded by the Constitution, how these rights are safeguarded by the courts, and why the preservation of these principles is essential to our liberty.

Be sure to attend our own upcoming Law Day event, to be held on Wednesday, May 4 in conjunction with the Ramsey County Bar Association.  We will feature a talk by Leslie J. Rosenberg, “The Making of Justice – The Role of Miranda in the ‘Making a Murderer’ Series.” Ms. Rosenberg will explore the origin and meaning behind Miranda case law, and how it gets maneuvered by police and prosecutors. She will highlight the application of Miranda to juvenile defendants, and specifically to the teenaged Brenden Dassey that we all remember from  “Making a Murderer.” (This is a can’t-miss event if you enjoyed the Netflix documentary series.) Besides being an Assistant Appellate Defender with the Minnesota Public Defenders’ Office, Ms. Rosenbeg is also an expert in the field of international juvenile justice, and recently served as a volunteer public defender in China. The event, which is free and open to the public, will take place Wednesday, May 4 in the Training Room of the First National Bank Building. The event will commence at 9:00 a.m., with registration beginning at 8:30. One standard CLE credit is available.  (Teleconference and on-demand available for $10.)

If juvenile justice or Miranda rights are of special interest to you, consider reading one of these books which we have in the library:

  • Kids, Cops, and Confessions: Inside the Interrogation Room by B. Feld (New York University Press 2013)
  • Burning Down the House: The End of Juvenile Prison by N. Bernstein (The New Press 2015)
  • The Privilege of Silence: Fifth Amendment Protections Against Self-Incrimination by P. Hynes Jr. and S. Salky (ABA 2nd)