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First Impressions
Jennifer Mehalik
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Look it up, lawmakers

Jennifer Mehalik
September 22, 2008
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From Indiana Lawyer reporter Michael Hoskins: We look at Indiana’s appellate decisions every day. Frequently, a legal issue is raised about an ambiguous federal or state statute where words aren’t defined and the courts must address what the legislative intent could...
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What happened to civility?

Jennifer Mehalik
September 18, 2008
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We’ve got another sitting judge in trouble for his actions. Howard Superior Judge Stephen Jessup received a public admonition after storming over to the prosecuting attorney’s office trying to find out where the deputy prosecutor was who was supposed to be...
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Happy Constitution Day!

Jennifer Mehalik
September 17, 2008
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Today is Constitution Day in the U.S. Don’t feel bad if you didn’t know that because it’s a fairly new “holiday.” Congress passed an act in 2004 – the Consolidated Appropriations Act, 2005 – that included requiring schools receiving federal funds...
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Lawyers love to donate

Jennifer Mehalik
September 15, 2008
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Lawyers like to give money to campaigns. According to the Center for Responsive Politics , lawyers and the legal industry in Indiana are the second-leading industry in donations to political campaigns. In 2008, the legal community has donated nearly $1 million. Retirees...
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Legal changes post-Sept. 11

Jennifer Mehalik
September 11, 2008
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With today being the anniversary of Sept. 11, 2001, I couldn’t help but think about how our country has changed in seven years. I can’t speak for anyone but myself, but I realize now that we aren’t as isolated from the...
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Interim meetings antiquated

Jennifer Mehalik
September 10, 2008
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Now is the time of the year when the General Assembly’s interim study committees meet to discuss various issues that could become bills in the 2009 session. What strikes me about these meetings is how old-fashioned and time-consuming they are. If...
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Judicial Conference this week

Jennifer Mehalik
September 8, 2008
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From IL reporter Michael Hoskins:  It’s that time of year. The Judicial Conference of Indiana is holding its annual meeting this week in downtown Indianapolis, and the agenda  shows some interesting tidbits that will be covered at the three-day CLE-eligible conference....
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Attorneys in trouble for ads

Jennifer Mehalik
September 5, 2008
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Two Indianapolis attorneys received public reprimands for the use of “Legal Advertisement” and other phrases on brochures they give to prospective clients. After reading the opinion handed down by the Indiana Supreme Court yesterday, I’m confused about how the process of...
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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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