The Climate Change Litigation and Municipalities as Plaintiffs Municipalities are often defendants in court, but increasingly they have become plaintiffs, suing a variety of industries and seeking remedies for city-wide injuries that also further public-policy goals. The climate-change litigation provides a prism for understanding how state law can provide some of the tools for this type of litigation and the types of roadblocks defendants throw up to reliance on state law through removal to federal court and the use of...

Protest and Demonstration Permits CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply. A presentation discussing key considerations for governmental entities creating regulations that require permits for public protests and demonstrations. The webinar will cover the First Amendment standards for prior restraints - including strict scrutiny, intermediate scrutiny, limiting the discretion of government officials, justifications supporting the regulation, narrowly tailoring the permit requirements, content neutrality, and permit conditions. Speaker: Ian Williams

Governing with Diversity, Equity and Inclusion as Fundamental Principles Addressing community issues such as lack of access to affordable housing and infrastructure, economic and health disparities, sustainability, and systemic racism requires sound legal advice. Best practices include creating an environment where creative solutions to social issues are valued and respected and diversity, equity, and inclusion (DEI) are fundamental principles. This discussion will include DEI policies and state preemptions surrounding these policies, including structural racism initiatives; anti-LGBTQ+ legislation; environmental, social and...

The Three Barriers to Resolution Have you ever listened like a cow?  Predicted United Nations membership? Determined how to make an offer?  In this session you will learn how issues in understanding, planning, and executing negotiations creates barriers to reaching resolution.  Immediate Past Chair of the ABA Section of Dispute Resolution and University of North Dakota Law Dean Brian Pappas will provide the exercises and information that will give you new tools and ideas for making your next negotiation a...

First Amendment Audits - How to Handle and Protect Against Liability CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply. There has been an increase in private citizens, known as First Amendment Auditors, engaging in activities against local governments designed to provoke a response that violates the First Amendment. First Amendment audits typically involve an individual photographing or filming his or her surroundings from a public space, and is often categorized by its...

My Client, My Enemy? Ethical Challenges When Representing Cities This presentation will discuss ABA Rules 1.1, 1.2, 1.3 and 1.7 when discussing the challenges faced with representing cities. Rule 1.3 addresses organizations as clients, and Comment 1 touches upon entities acting through their officers, directors, etc. Complexities arise when Rule 1.1 calls for competent representation and the need to abide by client decisions under Rule 1.2, but individual city officers find themselves in positions contrary to the city they serve....

Local Government Attorney Essentials Local Government attorneys need to handle a wide variety of legal responsibilities, some unique to local government. The number of issues and topics requiring legal proficiency can be overwhelming. This presentation will help city and county attorneys develop a plan for navigating their initiation into local government law. While this webinar is designed for attorneys who are new to local government, experienced local government attorneys can also benefit from a review of the basics of municipal...

Public Comment – The Good, The Bad, and The Legal CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply. As Leslie Knope (Amy Poehler) from the show Parks and Rec humorously stated: “What I hear when I’m being yelled at is people caring loudly at me.” This presentation will explore the benefits of public comment, some of the issues commonly associated with public comment, and what you can do to address those issues....

Managing Risk by Embedding Mental Health Co-responders in Police Departments As communities across the country continue to examine ways to improve outcomes and reduce the costs of interactions between police officers and individuals experiencing mental illness, many have adopted a risk management approach.  This presentation will examine the potential benefits of embedding mental health co-responders within police departments.  The potential benefits include increasing the safety of those involved in such encounters; helping ensure that people experiencing mental illness are directed...

Sleep, Neuroscience, and Ethics CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply. Sleep impairment impacts all aspects of client representation, including competence, focus, diligence, decision-making, effective client communication, and case management. Sleep deprivation predicts lawyer misconduct by increasing anxiety, interrupting working memory, and impairing effective executive thinking. This program provides the latest neuroscience behind sleep, and its impact on mental health, substance use, ethical behavior, and performance. Speaker: Joan Bibelhausen, JD &...