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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