Food Environment, Food Store Access, Consumer Behavior, and Diet

Food Environment, Food Deserts, Obesity, Consumer Behavior, Diet, Food Consumption/Nutrition/Food Safety, I18, R50,

Forward to Drug Testing Symposium

This forward to the William Mitchell Law Review provides an overview on the six articles on various important drug testing topics included therein. These articles will be welcomed by anyone who is struggling to write a drug testing policy, trying to identify employees\u27 rights to challenge a test or test results, or by anyone who seeks to gain a general understanding of this complex and controversial topic

Shifting Targets on Shifting Fees: Attorney’s Fees in the Wake of \u3cem\u3eSinger Management Consultants, Inc. v. Milgram\u3c/em\u3e

On June 15, 2011, in Singer Management Consultants, Inc. v. Milgram, the U.S. Court of Appeals for the Third Circuit sitting en banc held that a temporary restraining order vacated after a defendant’s change in position is insufficient to confer prevailing-party status for purposes of awarding attorney’s fees. As a result, parties who obtain in-court relief short of a formal court order may not be able to obtain attorney’s fees. This Comment argues that in arriving at that decision, the Singer court too narrowly construed the phrase “judicially sanctioned.” It further advises that, to avoid this result, attorneys who plan to seek fees should request a permanent formal order, which courts have recognized as sufficient to confer prevailing-party status

Terminating Public School Teachers for Cause Under Minnesota Law

It is important to understand the realities that surround the discharge of a teacher, for embarking upon this path promises to be painful for everyone involved. Teachers who challenge allegations that they are personally or professionally unworthy of continuing to teach in their districts--or perhaps to continue to teach at all--understandably experience extraordinary trauma and anxiety. By the same token, districts that ultimately fail to prove the case for discharge can face significant financial liability and may even be forced to reinstate teachers who have been found to be deficient. Finally, these efforts often divide schools and communities because teachers, students, and parents are called to testify for and against a teacher. This article seeks to shed some light on this challenging subject by examining Minnesota law concerning teacher discharges, as Minnesota\u27s courts and arbitrators have interpreted it. It is hoped that this guide will assist everyone who must deal with the difficult issues that surround the proposed discharge of a teacher for cause

Comparable Worth in Arbitration

In 1992 Minnesota became a pioneer in the arena of equal pay for equal work by enacting the Minnesota Local Government Pay Equity Act/Comparable Worth Law (“CWL”), which allocated nearly $22 million to remedy wage disparities between female dominated and male dominated classes at the state level. Each local government had to determine a new pay level for public employees taking into account whether it was a male or female dominated field. Many of these determinations were challenged by unions basing their challenges on two primary themes: (1) the methodologies used were flawed; (2) the determinations were invalid because the collective bargaining process was not utilized. These claims and challenges are working their way through arbitration, and arbitrators have little guidance from the legislature on how to analyze them. This article seeks to identify the arguments advanced in support of each school of thought and how each is dealt with at the arbitration level. The article concludes that the debate between each school of thought continues and the parties and arbitrators are left to define the parameters of the debate between the two, despite the fact that the legislature attempted, in 1990, to provide clearer direction on arbitration of issues arising under the Pay Equity Act

Bandwagon is Rolling: ADR Demands and Thrives on Lawyers Creative Thinking

The ADR (alternative dispute resolution) bandwagon is rolling. Clients are becoming disenchanted with traditional litigation, and they\u27re hearing about ADR. ADR has three broad categories: mediation, the mini-trial, and arbitration. Attorneys can provide a real service to clients by being familiar with and developing skills in ADR

Changing Participation in Food Assistance Programs Among Low-Income Children After Welfare Reform

In 1996, the safety net for poor households with children fundamentally changed when Federal legislation replaced Aid to Families with Dependent Children (AFDC) with Temporary Assistance for Needy Families (TANF). This study investigates participation in, and benefits received from, AFDC/TANF and food assistance programs, before and after the legislation, for children in low-income households (income below 300 percent of the Federal poverty line). The results show that, between 1990 and 2004, the share of children receiving food stamp benefits declined, most notably among children in the poorest households (income below 50 percent of the Federal poverty line). The share of children receiving benefits from the school meals programs and the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) rose, mainly among children in low-income households with income above the Federal poverty line. Overall, the share of children in households that received benefits from AFDC/TANF or food assistance programs grew from 35 percent to 52 percent. However, the net result of these changes is that average total inflation-adjusted household benefits from all programs examined declined. The decline was largest among children in the poorest households.Food Stamp Program, SNAP, food assistance, welfare reform, WIC, school meals, National School Lunch Program, School Breakfast Program, TANF, AFDC, multiple program use, Survey of Income and Program Participation, Public Economics,