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December 2021
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Bench & Bar of Minnesota
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Recent Issues
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December 2021
The official publication of the Minnesota State Bar Association
December 2021
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Is there a better way to admit lawyers? The future of the bar exam needs a hard look
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LEANNE FUITH
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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
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NICOLE NICE
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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
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Nicole Dailo, Christopher H. Jison, and Richard Liu
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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
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JUDAH DRUCK
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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
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AUSTEN ZUEGE
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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
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JENNIFER THOMPSON
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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
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Susan Humiston
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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
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MARK LANTERMAN
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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
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Dec 06, 2021
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CATEGORY
Notes & Trends
Pro bono spotlight: The Reentry Justice Program
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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
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(?)
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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