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Jennifer Mehalik
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What’s the point of law firm rankings?

Jennifer Mehalik
June 23, 2008
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We get a lot of e-mails from law firms touting their ranking on a list of “outstanding” firms by a publication or naming them third-largest overall according to some survey. We don’t publish the rankings in our paper because we...
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Higher gas prices, fewer court appearances?

Jennifer Mehalik
June 20, 2008
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You can’t turn on the television or read a newspaper these days without seeing a story about how the increased cost of oil is affecting people. People are making a more concerted effort to carpool, cut back on extraneous driving, or...
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Familiar names in opinions

Jennifer Mehalik
June 19, 2008
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As a part of our job duties here at Indiana Lawyer, we read a lot of court opinions. From time to time, a familiar name will catch our attention on an opinion that we may otherwise have skipped. Curious if...
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More law schools, fewer jobs

Jennifer Mehalik
June 18, 2008
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According to a recent news story, there are now 200 ABA-accredited law schools in the United States, with some states looking to add even more schools. Indiana currently has four, and just a few years ago, two Indiana colleges were looking...
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Shorter and not so sweet?

Jennifer Mehalik
June 17, 2008
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Short and straight to the point. That describes a not-for-publication opinion from the Court of Appeals Monday, in Evan Erby v. State of Indiana , No. 18A02-0711-CR-977. Two sentences sum up this case, referring to an Indiana Supreme Court ruling last...
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Cheers lead to arrests

Jennifer Mehalik
June 16, 2008
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Graduation season is wrapping up this month but not without a few arrests. Police near Columbia , S.C. , arrested and charged six people with disorderly conduct for cheering after a student’s name was called during a high school graduation....
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When a spanking is OK

Jennifer Mehalik
June 13, 2008
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When I acted up as a child, I would be threatened with a spanking. Lucky for me, my parents only delivered on the threat a couple times in my life. A stern look or grounding seemed to do the trick...
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Can’t say “rape” in a rape trial

Jennifer Mehalik
June 12, 2008
Comments(2)
Correct me if I’m wrong, but if you are involved in a trial dealing with an alleged rape, then the word “rape” should come up in order to describe the purported crime. But one judge in Kansas has made headlines...
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  1. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  2. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  3. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

  4. Duncan, It's called the RIGHT OF ASSOCIATION and in the old days people believed it did apply to contracts and employment. Then along came title vii.....that aside, I believe that I am free to work or not work for whomever I like regardless: I don't need a law to tell me I'm free. The day I really am compelled to ignore all the facts of social reality in my associations and I blithely go along with it, I'll be a slave of the state. That day is not today......... in the meantime this proposed bill would probably be violative of 18 usc sec 1981 that prohibits discrimination in contracts... a law violated regularly because who could ever really expect to enforce it along the millions of contracts made in the marketplace daily? Some of these so-called civil rights laws are unenforceable and unjust Utopian Social Engineering. Forcing people to love each other will never work.

  5. I am the father of a sweet little one-year-old named girl, who happens to have Down Syndrome. To anyone who reads this who may be considering the decision to terminate, please know that your child will absolutely light up your life as my daughter has the lives of everyone around her. There is no part of me that condones abortion of a child on the basis that he/she has or might have Down Syndrome. From an intellectual standpoint, however, I question the enforceability of this potential law. As it stands now, the bill reads in relevant part as follows: "A person may not intentionally perform or attempt to perform an abortion . . . if the person knows that the pregnant woman is seeking the abortion solely because the fetus has been diagnosed with Down syndrome or a potential diagnosis of Down syndrome." It includes similarly worded provisions abortion on "any other disability" or based on sex selection. It goes so far as to make the medical provider at least potentially liable for wrongful death. First, how does a medical provider "know" that "the pregnant woman is seeking the abortion SOLELY" because of anything? What if the woman says she just doesn't want the baby - not because of the diagnosis - she just doesn't want him/her? Further, how can the doctor be liable for wrongful death, when a Child Wrongful Death claim belongs to the parents? Is there any circumstance in which the mother's comparative fault will not exceed the doctor's alleged comparative fault, thereby barring the claim? If the State wants to discourage women from aborting their children because of a Down Syndrome diagnosis, I'm all for that. Purporting to ban it with an unenforceable law, however, is not the way to effectuate this policy.

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