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7th Circuit panel visits Indy law school

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A 7th Circuit Court of Appeals panel converged on the Indiana University School of Law - Indianapolis campus Tuesday to hear three appellate arguments in its first visit in more than a decade.

Trading in the Chicago courthouse for the law school's Wynne Courtroom, the three-judge panel of Chief Judge Frank Easterbrook, Judge Michael Kanne from Lafayette, and Judge John D. Tinder from Indianapolis heard arguments in:

United States v. Ricky L. Fines and Leroy Miller, Nos. 08-1069, 08-1089, is a combined criminal sentencing case from the U.S. District Court, Northern District of Indiana's South Bend Division. Both defendants are appealing their federal firearms convictions and sentences, arguing on evidentiary and procedural issues, including whether Miller can be defined as a gun collector.

Jonathan S. McGlothan, M.D. v. Tracey and Eric Wallace, No. 07-4059, is a case that delves into expert testimony issues involving a LASIK eye surgery medical malpractice case from the Southern District of Indiana's Terre Haute Division. McGlothan wants the 7th Circuit to reverse the $678,793 jury award against him and dismiss the case.

Sondra J. Hansen and William R. Hansen, individually and on behalf of C.H. v. Board of Trustees of Hamilton Southeastern School Corp. and Dimitri B. Alano, No. 08-1205, a case from the Southern District of Indiana's Indianapolis Division, stems from a former high school band teacher's arrest and admittance in 2004 that he had sexual contact with a teenage female student in exchange for good grades. This federal suit eventually filed by the girl's parents alleges the school district was liable for Alano's criminal acts as they happened during his employment. The District Court granted summary judgment for the school corporation, and the attorneys argued about whether that was properly done and whether the judge lost jurisdiction of all state and other federal claims relating to Title IX.

The judges lobbed questions at the various attorneys standing at the podium, and Chief Judge Easterbrook interjected humor that drew laughs among the law school crowd, such as his opening comment about the medical malpractice jury award.

"A $700,000 award for loss of night vision seems high ... for that, you could just hire a chauffer," he said.

The court periodically visits different law schools to hear arguments. Law school spokeswoman Elizabeth Allington said this is the first time the federal appellate court has come here since March 9, 1994.

More than 100 students and faculty attended; after 90 minutes of arguments about half of the observers remained for a question-and-answer session where the judges answered general questions about their court and positions. Questions ranged from the balance between briefs and in-person arguments, the most difficult part of the judges' jobs, how they work their law clerks, and how they've felt about being reversed by the nation's highest court.

The judges told the audience that 55 percent of its final work comes in the form of written opinions and 45 percent in unprecedential orders, and that the court strives to issue a decision within two or three months of an argument but that it can range anywhere from a week to more than a year.

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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