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First Impressions
Jennifer Mehalik
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McCain discusses judges

Jennifer Mehalik
July 2, 2008
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The presumptive Republican presidential nominee Sen. John McCain spoke in Indianapolis Tuesday at the National Sheriff’s Association’s annual conference. Obviously, his speech was geared toward law enforcement and why he is the right candidate for them to elect, but he said...
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July means new laws

Jennifer Mehalik
July 1, 2008
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Today the majority of bills signed into law by Gov. Mitch Daniels in February and March go into effect. There are a lot of new laws that are of interest to the legal community – judges’ pensions, public records and criminal...
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Opinions jump every June

Jennifer Mehalik
June 30, 2008
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It’s June 30 – the last day of the Indiana Supreme Court’s fiscal year. That means the mad rush of opinions has been upon us for the last 30 days. It happens every year: the high court releases a deluge of...
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Survey says: Do something about it

Jennifer Mehalik
June 27, 2008
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Bar associations survey their members to find out everything from salary to time off to satisfaction with the county judges. They publish the results for the world to see and sometimes, news organizations like us report on the findings. But then...
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A victim’s view on death penalty for rape

Jennifer Mehalik
June 26, 2008
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The media and the general public are still buzzing about the U.S. Supreme Court’s decision Wednesday to overturn a death sentence for a Louisiana man convicted of raping his 8-year-old stepdaughter. News reports have discussed whether someone can be put to...
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Accelerated law degree

Jennifer Mehalik
June 26, 2008
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Northwestern University School of Law just announced it’s creating a two-year law program in addition to offering the traditional three-year term. The school – which is only the third in the country to offer an accelerated law degree – believes the...
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Judicial nominations and political war games

Jennifer Mehalik
June 25, 2008
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Today's post is from IL reporter Michael Hoskins: Indiana hasn’t gotten any news this week so far in the arena of federal judicial nominations. But what’s happened is worth taking a look at. The full U.S. Senate Tuesday evening confirmed a...
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George Carlin’s legal legacy

Jennifer Mehalik
June 24, 2008
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George Carlin, 71, who died Sunday of heart failure, was a legend in the comedy world, but he also made his mark in the legal world. Carlin’s “seven words” routine is arguably what made him an icon and was the impetus...
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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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