Minnesota Statute

Each time someone locates a property corner that person has now established a property line. Any person who is not licensed in the State of Minnesota and locates property corners is in violation of Statute 326.02, Subdivision 1 and 4. ... [Read More]

Minnesota Transport Services Association - Analysis
9. A state statute may be "condemned under the antitrust laws . . . if it mandates or authorizesconduct that necessarily constitutes a violation of the law in all cases, or if it places irresistible pressureon a private party to violate the antitrust laws in order to comply with the statute. Such condemnationwill follow under § 1 of the Sherman Act when the conduct contemplated by thestatute is in all cases a per se antitrust violation." Rice , 458 U.S. at 661. ...

10. As the Supreme Court itself noted in Rice v. Norman Williams Co. , its earlier decision in Midcal , articulating the two prongs of the state action doctrine, overturned a statute that " required members of the California wine industry to file fair trade contracts or price schedules with the State, andprovided that if a wine producer had not set prices through a fair trade contract, wholesalers must posta resale price schedule for that producer's brands." 458 U.S. at 659 (emphasisin original). Thus, thestatute at issue in Midcal "facially conflicted with the Sherman Actbecause it mandated resale pricemaintenance, an activity that has long been regarded as a per se violationof the Sherman Act." Id . at659-60 (emphasis in original). ... [Read More]

Prosecuting Intellectual Property Crimes: Appendix F Relevant State Statutes
1. State Criminal Trademark Infringement Statutes Alabama Ala. Code § 13A-8-10.4 (1994) (Felony)Alaska No statute; forgery statute includes Alaska Stat. § 11.46.510 (Michie 1998) (Misdemeanor)Arizona Ariz. Rev. Stat. Ann. §§ 44-1453, -1456 (West 1994 & Supp. 1999) (Felony and Misdemeanor, depends on violation)Arkansas No statute.California Cal. Penal Code § 350 (West 1999 & Supp. 2000) (Felony and Misdemeanor, depends on quantity)Colorado Colo. Rev. Stat. Ann. § 7-73-108 (West 1999) (Misdemeanor)Connecticut Conn. Gen. Stat. § 53-347a (1999) (Felony)Delaware No statute; forgery statute includes Del. Code Ann. tit. 11, § 861 (1995 & Supp. 1998) (Felony and Misdemeanor, depends on type)District of D.C. Code Ann. §§ 22-751 to -752, -1402 (1981 & Columbia Supp. 1991) (Felony and Misdemeanor, depends on quantity)Florida Fla. Stat. Ann. §§ 831.03, .05 (West 1994 & Supp. 2000) (Felony and Misdemeanor, depends on value)Georgia Ga. Code ... [Read More]

Enhanced Sanctions for Higher BACs: Evaluation of Minnesota's High BAC Law -Evaluation of Minnesota's High-BAC Law
The State of Minnesota implemented a high-BAC law on January 1, 1998. In most respects, the law was one of the strongest high-BAC statutes in the country. This evaluation of Minnesota’s high-BAC statute examined the types and numbers of offenders affected by the law and the effects of the law on the severity of case dispositions and recidivism among high-BAC offenders. The evaluation encompassed three tasks. First, documents related to impaired driving (termed DWI) laws and the high-BAC statute were reviewed. Second, analyses were conducted of data on high-BAC and other DWI offenses and their dispositions, rates of recidivism among DWI offenders, and BACs among fatally injured drivers. To the extent possible, these data were examined for a period before and a period after the high-BAC law took effect. Third, interviews were conducted with enforcement, court, prosecutorial, and sanctioning experts about the implementation and perceived effects of Minnesota’s high-BAC statu ... [Read More]

BACKGROUNDER ON THE COURT OPINION ON THE NEAR V. MINNESOTA CASE
The statute in question cannot be justified by reason of the fact thatthe publisher is permitted to show, before injunction issues, that thematter published is true and is published with good motives and for justifiableends. If such a statute is valid, it would be equally permissible for thelegislature to provide that at any time the publisher of any newspapercould be brought before a court, or even an administrative officer (asthe constitutional protection may not be regarded as resting on mere proceduraldetails), and required to produce proof of the truth of his publication,or of what he intended to publish and of his motives, or stand enjoined.If this can be done, the legislature may provide the machinery for determiningin the complete exercise of its discretion what are justifiable ends andrestrain publication accordingly. And it would be but a step to a completesystem of censorship. We hold the statute, so far as it authorized theproceedings in this action, to be infringement of t ... [Read More]

Enhanced Sanctions for Higher BACs: Evaluation of Minnesota's High BAC Law -Interviews with Experts
There was a general consensus that when implemented in January 1998, the high-BAC statute added a considerable level of complexity to the existing body of DWI laws, which were viewed as already highly complex. Because of this added complexity, some experts believed that the high-BAC statute may have had the unintended effect of increasing the number of “loopholes” in the system. ...

Despite the apparent confusion about the high-BAC statute among some police officers, all the experts believed that most high-BAC offenders were being charged appropriately. ... [Read More]

Enhanced Sanctions for Higher BACs: Evaluation of Minnesota's High BAC Law -Appendix A
In addition to other penalties for all offenders, offenders convicted of driving with BAC ³ .15 receive mandatory minimum 28 days inpatient treatment, followed by minimum 1 year of supervision, periodic testing, and aftercare at defendant’s expense, 480 hours of community service following aftercare, and minimum 30 days ignition interlock device. This shall not “preclude the defendant being charged or punished under other DWI statutes.” Note: For any type of DWI offense, probation before judgment available. Deferred judgment also available upon guilty plea if complete alcohol/drug program. ... [Read More]

16:0561(79)CA - Minnesota Army NG, The Adjutant General, State of Minnesota, St. Paul, MN and ACT, Tony Kempenich Memorial Chapter -- 1984 FLRAdec CA
16 FLRA No. 79 MINNESOTA ARMY NATIONAL GUARD THE ADJUTANT GENERAL, STATE OF MINNESOTA, ST. PAUL, MINNESOTA Respondent and ASSOCIATION OF CIVILIAN TECHNICIANS, INC., TONY KEMPENICH MEMORIAL CHAPTER Charging Party Case No. 5-CA-944 DECISION AND ORDER The Administrative Law Judge issued his Decision in the above-entitled proceeding granting the General Counsel's Motion for Summary Judgment, finding that the Respondent had engaged in certain unfair labor practices, and recommending that the Respondent be ordered to cease and desist therefrom and take certain affirmative action. Thereafter, the Respondent and the General Counsel filed exceptions to the Judge's Decision. Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute (the Statute), the Authority has reviewed the rulings of the Judge and finds that no prejudicial error was committed. The rulings are hereby affirmed. Upon consideration of the Judge ... [Read More]

SSR 76-9
The above Statute clearly covers all prearranged funeralplans, whether they be styled as trust agreements, contracts, orother modes of transaction. The substance of the arrangementscause the requirements of the Statute to apply, rather than theform by which such arrangements are made. Whenever the substanceof a contract is a funeral plan, the Statute directs that thefunds paid are to be held in trust until the contract has beenfulfilled or the money is refunded to the depositor of the fundsupon his demand. We therefore conclude that the funeral planscreated under the modified agreement forms are subject to therequirements of Minnesota Statutes Annotated § 14.11, and thatrevocable trusts are created thereunder. ... [Read More]