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43 Bench & B. Minn. 1 (1986)

handle is hein.barjournals/benchnbar0043 and id is 1 raw text is: BENcu m of MINNESOTA OFFICIAL PUBLICATION OF THE MINNE January 1986/Vol. 43, No. 1 ISSN 0276-1505 USPS 050-060 ;OTA STATE BAR ASSOCIATION Editor Judson Haverkamp Assistant Editor Allen Helmstetter MSBA Executive Committee Leonard J. Keyes, President Richard L. Pemberton, President-elect Helen I. Kelly, Secretary A. Patrick Leighton, Treasurer Ralph H. Peterson, Vice President-Outstate David S. Doty, Past President Tim Groshens, Executive Director Bench & Bar Committee 1985-86 Patricia A. Hirl, Chr. Andrew S. Birrell Catherine A. Cella Edward J. Cleary Sue K. Dosal Michael J. Hannaher Ruth M. Harvey Douglas R. Heidenreich Hon. Phyllis G. Jones Steven J. Kirsch Robert D. Langford Charles E. Lundberg Nancy K. Olkon Hon. Jon Stafsholt Marshall H. Tanick Elmer H. Wiblishauser '51986 Minnesota State Bar Association. The Bench and Bar of Minnesota is the official organ of the Minnesota State Bar Association. Neither the Association nor the Editors, however, assume responsibility for statements or expressions of opinions by contributors. Second-class postage paid at Minneapolis, Minnesota. Published 11 months of the year. May/June combined: Suite 403, 430 Marquette Ave., Minneapolis, MN 55401, (612) 333-1183. Subscription price: $15.00 for members which is included in dues. Non-members $20.00 per year. Some back issues available at $2.00 each. Postmaster: send change of address to MSBA, Suite 403, 430 Marquette Ave., Minneapolis, MN 55401. Editorial Policy. The opinions expressed in BENCH & BAR are those of the authors and do not necessarily reflect Association policy or editorial concurrence. Publication of advertisements does not constitute an endorsement. The editors reserve the right to accept or reject prospective advertisements in accordance with their editorial judgement. National Advertising Representative, Legal Publication Network, 23015 Del Lago Drive, Suite D2-1008, Laguna Hills, CA 92653, (714) 472-7552, It Ain't Over 'Til It's Over A cartoon in a recent issue of The New Yorker portrays a smiling man looking at a calendar for the month of December on which is inscribed, It ain't over 'til it's over. Such sentiment, perhaps unique in the range of feelings people express regarding the passing of the old year and the onset of the new, in a strange way is also an apt metaphor for the subject of this month's issue. Advance directives for medical care decision making and specifically the living will are, in a perverse kind of way, persons' attempts to assert that It ain't over 'til it's over. Perverse or not, these instruments evoke a wide range of feelings and pose an array of knotty legal and ethical questions. Articles by Rep. David T. Bishop and attorney Barbara J. Blumer go far to illuminate the issues and suggest a prudent approach to addressing them. We are obliged to attorneys Kathleen Meyerle of the Minnesota Medical Association and Gregg Orwoll of the Mayo Clinic for their help in developing this issue. - The Editors Cover by Reg Sandland Table of Contents FEATURES Advance Directives in Medical Decisions - by Barbara J. Blumer .................................. 11 The Living Will in Minnesota by Rep. David T. Bishop ......... ....... .................. 17 Negligent Wrongful Termination - by Gerald T. Laurie ................................... 23 Bench & Bar Index ................. .......... ............... 27 DEPARTMENTS President's Page - On Merit Judicial Selection .............. 3 Notes from the Executive Director ............................. 5 Initial D iscovery ........ ................. ........ ......... 6 Professional Responsibility Board - Plaintiff's Personal Injury Practice ............................. 9 Judicial Law ...................................... .......... 31 Personal Notes ................. .......... 35 Opportunity M arket .................7............ ..... 37 The Bench & Bar of Minnesota, Jaruary 1986 1

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