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University of North Carolina, Wilmington, N.C. Taught constitutional law, 2004.

Williams College, Williamstown, Massachusetts. Taught course in civil rights law, winter, 2002 and 2004.

Massachusetts School of Law, Andover, Massachusetts. Served as part-time adjunct professor of law; taught public sector employment and labor law.

Salem State College, Criminal Justice Department, Salem, Massachusetts. Served as part-time adjunct professor; taught advanced courses in criminal justice.

Essex Bar Advocates, Inc., Salem, Massachusetts. Served as instructor of trial advocacy for lawyers in criminal defense advocacy program.


Continuing Legal Education Programs

Mr. McGuinness has taught numerous continuing legal education seminars for practicing attorneys. Mr. McGuinness has lectured and/or authored manuscripts for the American Bar Association, the Practicing Law Institute, the Georgetown University Law Center, the North Carolina Bar Association, the North Carolina Academy of Trial Lawyers, the Massachusetts Academy of Trial Attorneys, the Southern States Police Benevolent Association and state affiliates, the National Association of Police Organizations, National Troopers Coalition, Essex Bar Advocates, and the Labor Relations Information System which provides periodic national educational programs for law enforcement officers and firefighters.

Trooper Legal Survival: Legal and Political Advocacy , National Troopers Coalition, National Convention, Washington, D.C., May 14, 2006.

Constitutional Employment Claims; Substantive Law and Litigation Tactics, Georgetown University Law Center , Civil Rights Litigation Seminar, Washington, D.C., April 19, 2006.

Defending Troopers In The New Millennium: Advocacy For Troopers Encountering Internal And Criminal Investigations , National Troopers Coalition, Winter Convention, Myrtle Beach, South Carolina, March 7, 2006.

Retaliation Claims: Law & Advocacy, Practicing Law Institute, 22nd Annual Section 1983 Civil Rights Litigation Seminar, New York City, October 28, 2005.

Legal and Practical Issues Confronting Teachers in the New Millennium, North Carolina Association of Educators, Raleigh, N.C., May 25, 2005.

Law Enforcement Officer Advocacy in The New Millennium: Confronting New Challenges, National Association of Police Organizations, 2004 Legal & Legislative Rights Seminar, National Association of Police Organizations, Washington, D.C., May 10, 2005.

The Investigation of Public Employment and Police Misconduct Claims, Georgetown University Law Center, Civil Rights Litigation Seminar, April 8, 2005

Public Employment Law: The Trial of A Constitutional Claim, Practicing Law Institute, 17th Annual Section 1983 Civil Rights Litigation Seminar, New York City, November 5, 2004.

Constitutional Torts and Civil Rights Litigation, N.C. Academy of Trial Lawyers, September 17, 2004, Raleigh, N.C., Seminar Co-Chair.

Constitutional Issues, Developing the Defense and Advocacy for the Law Enforcement Profession, National Association of Police Organizations, 2004 Legal & Legislative Rights Seminar, National Association of Police Organizations, Washington, D.C., May 11, 2004.

Public Employee Constitutional Claims: Law & Litigation Tactics, Georgetown University Law Center and Suffolk Law School, Civil Rights Litigation Seminar, forthcoming April 22, 2004.

New Advocacy and Public Relations Methodology For Law Enforcement Officers, Southern States Police Benevolent Association, Winston Salem, N.C., November 22, 2003.

Appellate Litigation Techniques: Federal, Civil Rights and Employment Appeals, N.C. Academy of Trail Lawyers, Raleigh, N.C., May 16, 2003.

North Carolina Employment Law: Wrongful Discharge and Other Common Law Claims, N.C. Academy of Trail Lawyers, Raleigh, N.C., May 9, 2003.

Constitutional Employment Litigation: Issues and Advocacy, National Association of Police Organizations, 2003 Legal & Legislative Rights Seminar, National Association of Police Organizations, May 5, 2003, Washington, D.C.

Public Employee Constitutional Claims, Annual Section 1983 Civil Rights Seminar, Georgetown University Law Center, Washington, D.C., May 2, 2003.

Law Enforcement Use of Force Claims, Suing The Sovereign Seminar, N.C. Academy of Trial Lawyers, Raleigh, N.C., October 11, 2002.

Defending Wrongful Discharge Claims, National Business Institute, Raleigh, North Carolina, October 10, 2002.

Civil Liability in High Risk Law Enforcement Operations, National Troopers Coalition, Portland, Maine, September 9, 2002.

The Rights of Law Enforcement Officers: Hearings, Procedural Due Process and Tactical Considerations, Labor Relations Information System, September 4, 2002, Austin, Texas.

Internal Investigations: Garrity Problems and Strategic Considerations, Southern States Police Benevolent Association, March 18, 2002, Winston-Salem, North Carolina.

Public Employee Retaliation Claims: Law & Litigation Tactics Practising Law Institute, 17th Annual Section 1983 Civil Rights Litigation Seminar, New York City, November 1-2, 2001.

Litigation of Off Duty Conduct Issues in Law Enforcement Agencies, National Association of Police Organizations, Legal & Legislative Rights Seminar, National Association of Police Organizations, May 12, 2001, Washington, D.C.

Law Enforcement Personnel Law: Speech and Privacy Claims and Defenses, Rights of Police Officers Seminar, Labor Relations Information Systems, Fort Lauderdale, Florida, November 8-10, 2000.

The Impact of Willowbrook on Selective Enforcement and Non-Suspect Class Equal Protection Claims, Practicing Law Institute, New York City, October 26 - 27, 2000.

Wrongful Discharge Litigation:  Common Law Public Policy Claims, N.C. Academy of Trial Lawyers, Raleigh, NC, May 5, 2000.

First Amendment Seminar:  Speech and Association Rights of Law Enforcement Officers, Legal and Legislative Seminar, National Association of Police Organizations, May 12-14, 2000, Washington, DC

First Amendment Seminar:  Substantive Rights, Use of Experts and Trial Tactics, National Convention, National Association of Police Organizations, August 12 - 14, 1999, Denver, Colorado.

Legal Rights Seminar:  Issues in Internal Affairs Investigations and Privacy Rights of Officers, Legal and Legislative Seminar, National Association of Police Organizations, April 25 - 27 1999, Washington, DC

Rights of Officers:  The First Amendment Petition Clause, Non-Traditional Advocacy and Taking Out the Big Enchilada, National Troopers Coalition, National Convention and Training Conference, January 14 - 17, 1999, Phoenix, Arizona.

Law Enforcement Liability Issues: Critical Incidents, Defense of Officers and Constitutional Issues, National Troopers Coalition, National Convention and Training Conference, Fort Mitchell, Kentucky, September 1-4, 1998

Civil Liability Seminar: Use of Force and Related Conduct Issues, Southern States Police Benevolent Association, Kitty Hawk, North Carolina, September 12, 1998

Employment Investigations, Employee Rights and Litigation Issues, Personnel Issues for Law Enforcement and Fire Protection Personnel, sponsored by Labor Relations Information System, March 16 -   18, 1998, Atlanta, Georgia.

First Amendment Rights of Public Employees: Speech, Association & Privacy, NC Bar Association, First Amendment Seminar, December 12, 1997.

Jack Booted Government Thugs Beware: Litigating The New Equal Protection Cases, Practicing Law Institute, New York City, November 13 - 14, 1997.

Constitutional Litigation on Behalf of Law Enforcement Officers, Rights of Police Officers Seminar, sponsored by The Labor Relations Information Systems, May 19 - 21, 1997, Las Vegas, Nevada.

Equal Protection Rights of Non-suspect Class Victims of Governmental Misconduct: Theory and Proof of Disparate Treatment and Arbitrariness Claims, and Procedural Due Process Rights of Public Employees, Practicing Law Institute, New York City, November 7 - 8, 1996.

Constitutional Litigation on Behalf of Public Safety Employees, Rights of Public Safety Officers Seminar, sponsored by The Labor Relations Information Systems, Newport, Rhode Island, October 28 - 30, 1996.

Constitutional Rights of Law Enforcement Officers, seminar sponsored by the National Association of Police Organizations, Dallas, Texas, August, 1996.

Legal Rights Seminar:  Investigating and Defending Alleged Critical Incidents and Use of Force, National Association of Police Organizations, April 1996, Washington, DC

Defending Law Enforcement Officers In Critical Incident Claims, Tennessee Police Benevolent Association, Chattanooga, Tennessee, June 10, 1996.

Representing Police Officers: Garrity and Other Rights, Southern States Police Benevolent Association, Greensboro, NC, July, 1996.

The Defense of Excessive Force Claims, Southern States Police Benevolent Association, Raleigh, NC, June, 1995.

Freedom of Speech, Privacy and Due Process Rights of Law Enforcement Officers, Rights of Police Officers Seminar, sponsored by The Labor Relations Information Systems, Houston Texas, November 16-18, 1994.

Workplace Rights and Remedies, Governmental Litigation Seminar, served as seminar Chairperson, Massachusetts Academy of Trial Lawyers, 1992.

Fundamentals of Products Liability Litigation, Advanced Tort and Products Liability Seminar, North Carolina Academy of Trial Lawyers, 1992.

Constitutional Employment Litigation: Theory, Proof & Damages, Constitutional and Civil Rights Seminar, NC Bar Association, April, 1991.

Litigating Whistleblower Claims: Trial Tactics and Strategies, American Bar Association National Convention, Labor Law Section, August, 1991.

Wrongful Discharge and Negligent Hiring & Retention Litigation, Workplace Seminar, NC Academy of Trial Lawyers Seminar, 1989.

Substantive Causes of Action: Employment Litigation, Constitutional and Civil Liberties Seminar, North Carolina Academy of Trial Lawyers, 1988.

Taught several training courses for Essex County Bar Advocates, Salem, Massachusetts.

Guest Lecturer at law schools in Massachusetts and North Carolina.


REPRESENTATIVE EXAMPLES OF PUBLICATIONS

Mr. McGuinness has published over fifty articles in diverse publications including the American Jurisprudence Trial Series by the Lawyers Cooperative Publishing Company. Mr. McGuinness has had several articles published by the Practicing Law Institute as chapters in its annual Civil Rights Litigation Handbook.

Publications of Mr. McGuinness have been cited by appellate courts and others as being authoritative. His publications have appeared in periodicals in Vermont, New Hampshire, Maine, New York, Massachusetts, Ohio, California, North Carolina, South Carolina, Florida, West Virginia, Texas, Rhode Island, Maryland, Georgia, and Utah. Mr. McGuinness has served on the editorial boards of the North Carolina Academy of Trial Lawyers, the Massachusetts Academy of Trial Attorneys, and the National Trial Lawyer Magazine.


Book in Progress

Law Enforcement Officer Legal Survival Guide. This comprehensive treatise analyzes officer conduct issues in civil, criminal, and civil rights litigation. The treatise overviews use of force law, related conduct issues, and personnel law. The treatise explains the law and provides practical advice and forms.


Handbooks

Handbook, Cases and Materials on Civil Rights Litigation (2002)

Constitutional Rights of Law Enforcement Officers In The Employment Context, published in 1996 by the Southern States Police Benevolent Association.


Chapters in Books

Retaliation Claims: Law & Litigation Tactics, Manuscript for Georgetown University Law Center, Civil Rights Litigation Seminar, April 2002.

Representing Law Enforcement Officers in Personnel Disputes and Employment Litigation, 77 Am Jur Trials 1, 2000 (405 page article).

The Impact of Willowbrook on Equal Protection and Selective Enforcement Claims, Seminar Handbook, 16th Annual Section 1983 Civil Rights Litigation Seminar, Practising Law Institute, New York City, October 26-27, 2000.

Jack Booted Government Thugs Beware: Litigating Equal Protection and Selective Enforcement Claims, Seminar Handbook, 15th Annual Section 1983 Civil Rights Litigation Seminar, Practicing Law Institute, New York City, October 27-28, 1999.

Jack Booted Government Thugs Beware: Litigating Equal Protection and Selective Enforcement Claims, Seminar Handbook, 13th Annual Section 1983 Civil Rights Litigation Seminar, Practicing Law Institute, New York City, November 13 - 14, 1997.

Equal Protection Rights of Non-suspect Class Victims of Governmental Misconduct: Theory and Proof of Disparate Treatment and Arbitrariness Claims, Seminar Handbook, 12th Annual Section 1983 Civil Rights Litigation, Practicing Law Institute, New York City, November, 1996.

Procedural Due Process Rights of Public Employees, Seminar Handbook, 12th Annual Section 1983 Civil Rights Litigation, Practicing Law Institute, November 1996.


Law Journal Articles

Fundamental North Carolina Constitutional Protection In The New Millennium, 27 Campbell L.Rev. 223 (2005).

Public Employee Expression Law Under the Colorado and Federal Constitutions, Vol. 34, the Colorado Lawyer, April, 2005.

Constitutional Issues in the Criminal Prosecution of Law Enforcement Officers, Vol. 33, No. 3, The Colorado Lawyer, March, 2004.

Law Enforcement Use of Force: The Objective Reasonableness Standard Under North Carolina and Federal Law, 24 Campbell. L. Rev. 201 (2002).

The Impact of Willowbrook On Disparate Treatment Claims, Touro Law Review, 2002 (speech from PLI Civil Rights Program)

The Rising Tide of Equal Protection: Willowbrook and the New Non-Arbitrariness Standard, 11 George Mason University Civil Rights Law Review 263, Winter 2001.

North Carolina's Developing Public Policy Wrongful Discharge Doctrine In The New Millennium: Basic Principles, Causation & Proof of Improper Motive, Campbell L. Rev. 2002.

Procedural Due Process Rights of Public Employees:  Basic Rules and A Proposal for Return to Rule Oriented Process, 33 New England L. Rev. 931 (1999)

Equal Protection Rights of Non-suspect Class Victims of Governmental Misconduct: Theory and Proof of Disparate Treatment and Arbitrariness Claims, 18 Campbell L. Rev. 333 (1996).

Constitutional Employment Litigation: Trial of the Political Patronage Case, 43 Am Jur Trials 1 (1991).

The Reemergence of Substantive Due Process as a Constitutional Tort: Theory Proof & Damages, 24 New Eng. L. Rev. 1129 (1990).

The Doctrine of Wrongful Discharge in North Carolina: The Confusing Path from Sides to Guy and the Need for Reform, 10 Campbell L. Rev. 217 (1988).

Betsey v. Turtle Creek Associates: All Adult Housing Policy May Violate the Fair Housing Act, 8 Campbell L. Rev. 47 (1986), reprinted in 1 Annual Yearbook of Construction Articles 197 (1986).

Fundamental Issues In Housing Discrimination: Procedure, Standing & Standard of Proof, 14 N.C. Cent. L. J. 555 (1984).


State Bar & Specialized Journals

Constitutional Standards In Law Enforcement Profiling Claims, The Connecticut Lawyer, April 2003.

Supreme Court Further Defines Police Use of Force Standards, The Connecticut Lawyer, February 2002.

Shootings By Police Officers Are Analyzed Under Standards Based On Objective Reasonableness, Vol. 72 New York State Bar Journal 17 (September 2000)

Decisions of the Past Decade Have Expanded Equal Protection Beyond Suspect Classes, New York State Bar Journal, Vol. 72, No. 36, January 2000.

Esmail v. Macrane: Equal Protection For Ordinary Victims of Governmental Misconduct, Journal of Maine State Bar Association, Vol. 11, No. 1, 1996.

Investigating Employment Disputes, The Journal: The Voice of Law Enforcement, Vol. 3, No. 1, Winter 1996.

Harris v. Forklift and Recent Developments In Hostile Environment Claims, Journal of North Carolina Academy of Trial Lawyers, Spring 1995.

Esmail v. Macrane Equal Protection For Ordinary Victims of Governmental Misconduct, Journal of the Vermont Bar Law Digest, Vol. 21, No. 6, 1995.

Whistleblowers and Free Speech in the Workplace, Journal of Massachusetts Academy of Trial Lawyers; Vol. 1, No. 3, 1994.

Sex Harassment: Hostile Environment Workplace Claims, Journal of Massachusetts Academy of Trial Lawyers, Vol. 1, No. 2, 1993.

Massachusetts Voir Dire and The Need For Reform, Journal of Massachusetts Academy of Trial Lawyers; Vol. 1, No. 1, 1993.

The Increasing Need For Recorded Evidence In Employment Litigation, Spring 1993, The Lawman Magazine; reprinted in several law enforcement journals.

The Winning Opening Statement in Product Liability Litigation, September, 1992, National Trial Lawyer, New York edition; reprinted in South Carolina Trial Lawyers Journal.

Negligent Hiring and Retention, The National Trial Lawyer Magazine, January 1992.

Counseling Victims of Sexual Harassment, The National Trial Lawyer Magazine, March 1992.

Counseling Whistleblowers and Employees, 23 Journal of North Carolina Academy of Trial Lawyers, 1991, reprinted in The Practical Lawyer, 1992.

Torts by Employees: Litigating the Negligent Hiring/Retention Case, 24 Journal of North Carolina Academy of Trial Lawyers, 1992.

Products Liability: Theory and Proof of Failure to Warn, 23 Journal of North Carolina Academy of Trial Lawyers, 1991.

Winning The Products Liability Case Through the Admissibility of Similar Occurrences, 22 Journal of North Carolina Academy of Trial Lawyers, 1990.

The Reemergence of North Carolina Constitutional Protection, 22 Journal of North Carolina Academy of Trial Lawyers, 1990.

Substantive Due Process: The Renewed Constitutional Tort, The National Trial Lawyer, April 1990.

The Admissibility of Similar Occurrences in Products Liability Litigation, The National Trial Lawyer, October 1990.

Developments in Public Employment Law: Free Speech Rights of Public Employees Under the New Jersey and Federal Constitutions, The National Trial Lawyer and The New Jersey Trial Lawyer, October, 1989.

Contemporary Applications of Intentional Infliction of Emotional Distress, 21 Journal of North Carolina Academy of Trial Lawyers, 1989.

Constitutional Free Speech Rights of Public Employees, 21 Journal of North Carolina Academy of Trial Lawyers, 1989.

Contemporary Applications of Substantive Due Process, 20 Journal of North Carolina Academy of Trial Lawyers, 1988.

North Carolina Wrongful Discharge Litigation, 20 Journal of North Carolina Academy of Trial Lawyers, 1988.

Erosion of the Feres Doctrine in Military Medical Malpractice, 19 Journal of North Carolina Academy of Trial Lawyers, 1987.


Other Publications

Police Excessive Force Cases In the First Circuit, 29 M.L.W. 2163, May 28, 2001, published in Massachusetts Lawyers Weekly.

Federal Court Decision Expands Constitutional Rights of Officers Involved in Off-Duty Training, The Law Enforcement Trainer 18, Vol. 15, No. 5, September-October, 2000.

Contributor of Jury Instructions in Pratt & Schwartz, Section 1983 Litigation: Jury Instructions (Aspen 2000).

New Equal Protection for Ordinary Victims, 26 M.L.W. 2767, August 3, 1998, published in Massachusetts Lawyers Weekly.

Sexual Harassment Claims: Preliminary Investigation and Client Counseling
, Vol. 2, No. 10, The Workplace Injury Reporter, Association of Trial Lawyers of America, 1992.

Complaint Manual - North Carolina Academy of Trial Lawyers, 1992, contributor of pleadings.

The New and Expanded Wrongful Discharge in North Carolina, Campbell Law Observer, December, 1989.

Why All Adult Housing Policies May Violate the Fair Housing Laws, 1 The Practical Real Estate Lawyer, 1985.

The Feres Doctrine and Medical Negligence, 2 Professional Negligence Reporter, ATLA, October, 1987.

Pretermination Procedural Due Process for Public Employees, Campbell Law Observer, 1985.


Magazines

Mr. McGuinness has published numerous articles in magazines addressing law enforcement, employment, civil rights and constitutional issues. Articles have appeared in National Trial Lawyer, American Deputy Sheriff Quarterly, The Law Enforcement Journal, California Police Journal, North Carolina Lawman Magazine, The Louisiana Trooper, Ohio Police, The Florida Trooper, The North Carolina Trooper, The North Carolina Police Officer, The South Carolina Trooper, The Badge, The Maryland Trooper, The West Virginia Trooper, as well as additional magazines in Rhode Island, California, Ohio, New Hampshire, West Virginia, Maine, and Florida.

Decision Expands Off-Duty Expression Rights of Officers, Police Magazine, Volume 24, No. 6, June 2000.

Point of Law: How to Garrityize Yourself for Survival, Vol. 23, September 1999, Police Magazine.

Point of Law: Judging Split-Second Decisions, Use of Force and the Could Have Believed Standard, Vol. 24, January, 2000, Police Magazine.

Mr. McGuinness has had published more than 30 articles in employee association newsletters such as Front Line by the Southern States Police Benevolent Association and On The Beat by the New York City Housing Police Benevolent Association.

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