Bench & Bar of Minnesota

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The official publication of the Minnesota State Bar Association

December 2021


Is there a better way to admit lawyers? The future of the bar exam needs a hard look
LEANNE FUITH
Dec 06, 2021
The bar exam has long served as a gatekeeper to the profession, with the goal of protecting the public by ensuring that newly licensed attorneys meet minimum standards of competence. Yet critics have suggested that the bar exam has also served to “gatekeep” who can become a lawyer and that it works to exclude individuals along race, class, and gender lines.
Full story
  • CATEGORY
  • Bar Exam
Nice-Petersen v. Nice-Petersen and me
NICOLE NICE
Dec 06, 2021
40 years after a landmark Minnesota Supreme Court decision, the child at the center of the case reflects on its impact
Full story
  • CATEGORY
  • Children & the Law
  • Family Law
Diversity in defense: The path to management-side employment law as a diverse attorney
Nicole Dailo, Christopher H. Jison, and Richard Liu
Dec 06, 2021
It is our hope that law students and attorneys curious about the L&E practice area gain a better understanding of a management-side L&E attorney’s career path and the positive impact you can have, particularly as a diverse attorney.
Full story
  • CATEGORY
  • Diversity
  • Labor and Employment
What is kosher? From Moses to Minnesota: A brief history of Jewish dietary law and the state’s courts
JUDAH DRUCK
Dec 06, 2021
Minnesota’s own forays into the world of kashrut (kosher law) have resulted in fascinating judicial and legislative discussions regarding the role government should, and constitutionally can, play in upholding Biblical law. This article details these discussions, and how courts and legislators have struggled with the question explored since Moses: What is and is not kosher?
Full story
  • CATEGORY
  • Food & Drug Law
The delicious ironies of food product configuration protection
AUSTEN ZUEGE
Dec 06, 2021
Cases up to the present highlight continued aggressive assertions of trade dress rights by foodstuff manufacturers—coupled with pushback by courts to deny trade dress rights in purely functional product configurations.
Full story
  • CATEGORY
  • Food & Drug Law
  • Intellectual Property
A great day to be a new lawyer
JENNIFER THOMPSON
Dec 06, 2021
At the end of October, I had the honor of offering a few remarks to the newest members of our profession when I spoke at the new lawyer admission ceremonies. The ceremonies were held (in person, mostly) in the House of Representatives chamber at the Minnesota State Capitol.
Full story
  • CATEGORY
  • President's Page
Potential ethics rule changes
Susan Humiston
Dec 06, 2021
The ethics rules generally change infrequently. Currently pending before the Minnesota Supreme Court are petitions to amend the advertising ethics rules (Rule 7, Minnesota Rules of Professional Conduct) as well as a proposal to amend the confidentiality rules applicable to information held by the Director’s Office (Rule 20, Rules on Lawyers Professional Responsibility).
Full story
  • CATEGORY
  • Professional Responsibility
On the defensive: Responding to security suggestions
MARK LANTERMAN
Dec 06, 2021
Deflection, anger, denial, minimization of the threat, and an instant resort to the blame game often follow an earnest attempt to inform upper management of a security concern.
Full story
  • CATEGORY
  • Technology
Notes & Trends – December 2021
Dec 06, 2021
Full story
  • CATEGORY
  • Notes & Trends
Pro bono spotlight: The Reentry Justice Program
Dec 06, 2021
The MSBA is proud to partner with legal services organizations across Minnesota to encourage pro bono and to let you know about opportunities to volunteer your time.
Full story
  • CATEGORY
  • MSBA in Action
Minnesota’s newest attorneys sworn in at the Capitol
Dec 06, 2021
The Minnesota Supreme Court and the MSBA welcomed 345 new lawyers to the bar in seven admission ceremonies held at the state Capitol on October 29.
Full story
  • CATEGORY
  • MSBA in Action
 

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