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Full-Text Articles in Law
A Persistent Critique: Constructing Clients’ Stories, Carolyn Grose
A Persistent Critique: Constructing Clients’ Stories, Carolyn Grose
Faculty Scholarship
Drawing on narrative, post-colonial, clinical and other critical theory, this article explores the role and necessity of critical reflection by lawyers in the construction of clients' stories in representation. In particular, the piece is framed by the experiences of transgender clients and their student attorneys. The piece begins by examining the "problem of representation" - the challenge of seeing and hearing clients' stories, particularly when those stories do not fit in to our understanding of how the world works. It moves on to describe first the "official stories" that govern how the legal system treats transgender people and second how …
A Crack In The Shield? Malpractice Coverage At Risk, Daniel S. Kleinberger
A Crack In The Shield? Malpractice Coverage At Risk, Daniel S. Kleinberger
Faculty Scholarship
A recent, unreported opinion of the Minnesota Court of Appeals has opened up a major hole in the liability shield of professional firms. Continental Casualty Co. v Duckson-Carlson, LLC, misapplies the doctrine of equitable estoppel, misinterprets the Minnesota Professional Firms Act, ignores the fundamental distinction between an entity and its owners, and sub silentio turns the law of third party beneficiaries on its head. From a practical perspective, the decision should trouble every lawyer, doctor, accountant, and other "319B" professional in the state and, moreover, has serious implications for individuals covered by D&O insurance