Articles

Building a better bar admissions process

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Leanne Fuith

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Jul 26, 2022

A look at what the Minnesota State Board of Law Examiners is doing in its two-year study of the bar exam—and what other jurisdictions are considering.

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The uses and misuses of shall

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Ian Lewenstein

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Jun 30, 2022

All lawyers are intimately familiar with shall. Even before law school, most lawyers are introduced to the word, which sits prominently in the public domain in legal documents and corporate speak. Through osmosis, shall becomes entrenched as a cornerstone of a lawyer’s lexicon. But should it?

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Ending forced arbitration

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Laura Farley

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Jun 30, 2022

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (H.R. 4445). Courts will be tasked with interpreting the Act to consider what claims it covers and its applicability to existing claims.

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Answering the call

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Amy Lindgren

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Jun 30, 2022

For Paul Peterson, 2022-2023 president of the Minnesota State Bar Association, being a lawyer is more than a job. As Bill Harper, his law partner at Harper & Peterson, PLLC, says, “It’s a calling. He knows he’s doing what he’s supposed to be doing.”

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Major changes coming to HIPAA privacy rules in 2022

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Gregory J. Myers, David W. Asp, and Develyn J. Mistriotti

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Jun 30, 2022

In January 2021, the U.S. Department of Health and Human Services (HHS) proposed revisions and additions to HIPAA and HITECH’s protected health information (PHI) and privacy regulations. This article details the proposed rule’s alterations to the HIPAA landscape and the major implications for health care entities and patients.

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Not immune from change

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Jack Finck and Colin Hunter Hargreaves

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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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Employment Law

Hiding in plain sight

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Natalie Netzel

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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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Mental Health
Wellbeing

The shield of judicial immunity protects receivers

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George H. Singer

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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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Courts

On square pegs and round holes: Understanding neurodiversity

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Robert M. Schuneman

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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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Diversity and Inclusion

Minnesota courts embrace technology to enhance access, convenience, and transparency

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Chief Justice Lorie S. Gildea

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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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Courts

Minnesota cannabis law and the battle over hemp derivatives

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JASON TARASEK

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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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Legislation

Esquire this and Esq. that. Or: A stuffy, didactic trifle under 1,000 words

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ADAM JOHNSON

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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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Practice Pointers

Revisiting Minnesota’s 60-Day Rule and building permit applications

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Julie N. Nagorski

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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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Construction Law

What happens when property owners don’t pay their property taxes?

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Melitta Drechsler

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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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Real Property
Tax Law

Bedrock rules: The law on non-commercial collection of rocks and fossils on public lands in Minnesota

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KATHLEEN LI REITZ

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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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Land Use Law

Let’s talk about some time-saving legal tech

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TODD C. SCOTT

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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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Technology

A Marvel-ous Copyright War

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Larina Alton and Gabriel Ramirez-Hernandez

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Feb 01, 2022

Disney’s latest fight to protect its intellectual property interests is no Mickey Mouse effort.

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Intellectual Property

After Britney: An FAQ on Minnesota guardianship/conservatorship law

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DAVID L. LUDESCHER

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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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Estate Planning

A lawyer’s guide to the Minnesota legislative process

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By Anne Sexton

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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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Legislation

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.

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Bar Exam

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Building a better bar admissions process (?)

Leanne Fuith (?)

Jul 26, 2022

The uses and misuses of shall (?)

Ian Lewenstein (?)

Jun 30, 2022

Ending forced arbitration (?)

Laura Farley (?)

Jun 30, 2022

Answering the call (?)

Amy Lindgren (?)

Jun 30, 2022

Major changes coming to HIPAA privacy rules in 2022 (?)

Gregory J. Myers, David W. Asp, and Develyn J. Mistriotti (?)

Jun 30, 2022

Not immune from change (?)

Jack Finck and Colin Hunter Hargreaves (?)

Jun 01, 2022

Hiding in plain sight (?)

Natalie Netzel (?)

Jun 01, 2022

The shield of judicial immunity protects receivers (?)

George H. Singer (?)

Jun 01, 2022

On square pegs and round holes: Understanding neurodiversity (?)

Robert M. Schuneman (?)

Apr 01, 2022

Minnesota courts embrace technology to enhance access, convenience, and transparency (?)

Chief Justice Lorie S. Gildea (?)

Apr 01, 2022

Minnesota cannabis law and the battle over hemp derivatives (?)

JASON TARASEK (?)

Mar 04, 2022

Esquire this and Esq. that. Or: A stuffy, didactic trifle under 1,000 words (?)

ADAM JOHNSON (?)

Mar 04, 2022

Revisiting Minnesota’s 60-Day Rule and building permit applications (?)

Julie N. Nagorski (?)

Mar 04, 2022

What happens when property owners don’t pay their property taxes? (?)

Melitta Drechsler (?)

Mar 04, 2022

Bedrock rules: The law on non-commercial collection of rocks and fossils on public lands in Minnesota (?)

KATHLEEN LI REITZ (?)

Mar 04, 2022

Let’s talk about some time-saving legal tech (?)

TODD C. SCOTT (?)

Feb 01, 2022

A Marvel-ous Copyright War (?)

Larina Alton and Gabriel Ramirez-Hernandez (?)

Feb 01, 2022

After Britney: An FAQ on Minnesota guardianship/conservatorship law (?)

DAVID L. LUDESCHER (?)

Feb 01, 2022

A lawyer’s guide to the Minnesota legislative process (?)

By Anne Sexton (?)

Feb 01, 2022

Is there a better way to admit lawyers? The future of the bar exam needs a hard look (?)

LEANNE FUITH (?)

Dec 06, 2021

Building a better bar admissions process

(?)

Leanne Fuith

(?)

The uses and misuses of shall

(?)

Ian Lewenstein

(?)

Ending forced arbitration

(?)

Laura Farley

(?)

Answering the call

(?)

Amy Lindgren

(?)

Major changes coming to HIPAA privacy rules in 2022

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Gregory J. Myers, David W. Asp, and Develyn J. Mistriotti

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Not immune from change

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Jack Finck and Colin Hunter Hargreaves

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Hiding in plain sight

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Natalie Netzel

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The shield of judicial immunity protects receivers

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George H. Singer

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On square pegs and round holes: Understanding neurodiversity

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Robert M. Schuneman

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Minnesota courts embrace technology to enhance access, convenience, and transparency

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Chief Justice Lorie S. Gildea

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Minnesota cannabis law and the battle over hemp derivatives

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JASON TARASEK

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Esquire this and Esq. that. Or: A stuffy, didactic trifle under 1,000 words

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ADAM JOHNSON

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Revisiting Minnesota’s 60-Day Rule and building permit applications

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Julie N. Nagorski

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What happens when property owners don’t pay their property taxes?

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Melitta Drechsler

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Bedrock rules: The law on non-commercial collection of rocks and fossils on public lands in Minnesota

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KATHLEEN LI REITZ

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Let’s talk about some time-saving legal tech

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TODD C. SCOTT

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A Marvel-ous Copyright War

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Larina Alton and Gabriel Ramirez-Hernandez

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After Britney: An FAQ on Minnesota guardianship/conservatorship law

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DAVID L. LUDESCHER

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A lawyer’s guide to the Minnesota legislative process

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By Anne Sexton

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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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