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The official publication of the Minnesota State Bar Association



Feature Articles


Not immune from change
Jack Finck and Colin Hunter Hargreaves
Jun 01, 2022
A guide to approaching ADA medical accommodation requests to telework by immunocompromised employees in light of the covid-19 pandemic.
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  • CATEGORY
  • Employment Law
Hiding in plain sight
Natalie Netzel
Jun 01, 2022
Vicarious trauma is just part of the job for many lawyers. Time to talk—and do—more about it.
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  • CATEGORY
  • Mental Health
  • Wellbeing
The shield of judicial immunity protects receivers
George H. Singer
Jun 01, 2022
The United States Supreme Court recently declined to second-guess a decision from the Court of Appeals for the 3rd Circuit, which had determined that court-appointed bankruptcy receivers are entitled to quasi-judicial immunity when they act within the court’s authority.
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  • CATEGORY
  • Courts
On square pegs and round holes: Understanding neurodiversity
Robert M. Schuneman
Apr 01, 2022
Haley Moss, an attorney and neurodiversity movement advocate, defines neurodiversity as an understanding that “we all have different brains. We all think differently, and no two people experience the world in the exact same way.”
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  • CATEGORY
  • Diversity and Inclusion
Minnesota courts embrace technology to enhance access, convenience, and transparency
Chief Justice Lorie S. Gildea
Apr 01, 2022
Court user-driven technologies remain a top priority for the courts and a driving force behind our work to continue modernizing how we operate.
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  • CATEGORY
  • Courts
Minnesota cannabis law and the battle over hemp derivatives
JASON TARASEK
Mar 04, 2022
Here in Minnesota adult-use marijuana remains illegal and likely will remain illegal for the near future. Why? It’s complicated.
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  • CATEGORY
  • Legislation
Esquire this and Esq. that. Or: A stuffy, didactic trifle under 1,000 words
ADAM JOHNSON
Mar 04, 2022
In 2015, when I still had some green behind my ears—and not nearly the size of paunch that I now boast (the kind you can rest a Big Gulp on whilst second-chairing)—I wrote a short piece on the topic of the honorific title “esquire.” It appears that “esquire” is a kind of Hydra, capable of growth at treble rates.
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  • CATEGORY
  • Practice Pointers
Revisiting Minnesota’s 60-Day Rule and building permit applications
Julie N. Nagorski
Mar 04, 2022
Most cities and most practitioners believe that while the 60-Day Rule requires government to take prompt action on applications of many sorts, it does not apply to building permit applications. This belief needs a re-examination.
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  • CATEGORY
  • Construction Law
What happens when property owners don’t pay their property taxes?
Melitta Drechsler
Mar 04, 2022
What happens to nonpayers of property taxes is a question many property owners—those with mortgages—have little reason to consider. Banks and mortgage companies often collect the money to pay for property taxes from mortgage payments and save that money in an escrow account.
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  • CATEGORY
  • Real Property
  • Tax Law
Bedrock rules: The law on non-commercial collection of rocks and fossils on public lands in Minnesota
KATHLEEN LI REITZ
Mar 04, 2022
Whether you are a professionally trained geoscientist or an amateur collector of these inorganic specimens, Minnesota has much to offer as long as you know where to look.
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  • CATEGORY
  • Land Use Law
Let’s talk about some time-saving legal tech
TODD C. SCOTT
Feb 01, 2022
The pandemic brought a lot of lawyers into the world of legal technology. Here’s a set of recommendations for integrating more tech and freeing up more time in ’22.
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  • CATEGORY
  • Technology
A Marvel-ous Copyright War
Larina Alton and Gabriel Ramirez-Hernandez
Feb 01, 2022
Disney’s latest fight to protect its intellectual property interests is no Mickey Mouse effort.
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  • CATEGORY
  • Intellectual Property
After Britney: An FAQ on Minnesota guardianship/conservatorship law
DAVID L. LUDESCHER
Feb 01, 2022
My intent in this brief article is not to provide a detailed analysis of the Britney Spears case or of guardianship and conservatorship law in Minnesota. Rather, I wish to show how the protections afforded by “the system” can fail people in Minnesota as well.
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  • CATEGORY
  • Estate Planning
A lawyer’s guide to the Minnesota legislative process
By Anne Sexton
Feb 01, 2022
Being a competent attorney necessitates understanding key aspects of Minnesota laws and the state legislative process. Through a strictly nonpartisan lens, here are 10 concepts to help us on that front.
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  • CATEGORY
  • Legislation
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.
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  • 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
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  • 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.
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  • 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?
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  • 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.
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  • CATEGORY
  • Food & Drug Law
  • Intellectual Property
This moment and this breath: A public defender writes about loss, survival, and extreme sports
Shauna Faye Kieffer
Nov 04, 2021
Everyone has their suffering. It's no secret that people who are drawn to sports that require total focus on that one moment—be it yoga breathing, skiing cliffs, or running until your legs could fall off—are seeking to be present in the moment and not lost in their despair. 
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  • CATEGORY
  • Wellness
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