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Hebenstreit: Another Reason to be Proud of Indy

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IBA-hebenstreit“It’s a new track record!” I can still hear that deep, deliberate, and excited voice of the late Tom Carnegie over the loudspeaker at the Speedway. We all instantly knew that familiar and iconic voice announcing the new speed record of the likes of Mears, Andretti, Luyendyk, or Fittipaldi as they flew around that two and one half mile oval. It was even more recognizable than the voice of Jim Nabors singing “Back Home Again in Indiana.”

My love of the Indy 500 began in high school when I sold programs at the Speedway. My Dad would get up about 3 a.m. to drive me all the way across town so I could be there on time to sell the $2 programs. In addition to the economic incentive, the draw for me was that we all had total access to the Motor Speedway and could stay and watch the racing. Over the years, I discovered most of the nooks and crannies of the world’s greatest race course. In the intervening forty plus years, I have only missed the Greatest Spectacle in Racing a handful of times. It has become a tradition.

In Indy, we are quite fortunate to have such a magnificent facility as the Indianapolis Motor Speedway. It is hard to believe that such a huge venue is only about 5 miles from the heart of downtown. This year the Speedway is celebrating the Centennial of the Indy 500. As with most other sports, the motorsports industry has grown and changed considerably. Racing used to be a barn storming event loosely held on weekend afternoons. Watching AJ Foyt over the years, I wondered if the day would come that he would not be able to squeeze into the cockpit. Now the drivers are as physically fit as Olympic athletes. Just as the technical engineering and physicality of the drivers have changed, so have the business and legal aspects of the growing sport.

In mid April, the IndyBar is co-hosting a great racing event. TRAC, the acronym of The Racing Attorney Conference, will take place at the Conrad Hotel on April 13 and 14th. IndyBar member, Wes Zirkle serves as Executive Vice President and General Counsel of Just Marketing International. If you read the IBJ, you surely have seen many articles about Just Marketing due to its high profile work in sports marketing and particularly in the motorsports industry. Several years ago, Wes was in Toronto at a conference for the Sports Lawyers Association. Over the years, Wes had become friends with many sports lawyers across the country including Brooke Beyer, Jr., the Assistant General Counsel of NASCAR located in Charlotte, North Carolina, and Stoke Caldwell, Jr,. a Charlotte motorsports attorney. During that conference, these three decided that most sports conferences did not sufficiently address motorsports. They decided to host a dedicated motorsports law conference and attract the biggest names in the motorsports world. They then recruited William Bray from Charlotte and Mark Richards from Indianapolis to join them. TRAC was born.

The group decided that the venue would alternate on a yearly basis between Charlotte and Indianapolis. The first conference was held at the Charlotte Motor Speedway while, coincidentally, the roar of engines often overtook the speakers as testing was simultaneously occurring. The following year the event was held in the press room of the Indianapolis Motor Speedway, impressing many of the out-of-state attendees who had never been to our iconic speedway. Indianapolis is fortunate to host the conference again this year but the size of the crowd as well as the acoustics and room configuration made the Conrad a better location for the event.

In addition to being a very effective networking opportunity for the leaders of the sports and motorsports world, the conference features first class educational CLE presentations. The topics covered are fascinating and wide ranging. They include preparing your driver for opportunities outside the race car, dealing with state and local governments, obtaining injunctive relief in motorsports transactions, as well as new aspects of sports licensing and sponsorship. The presenters are a “who’s who” of the most noted and respected leaders in the sports racing industry from all over the country They are attorneys, corporate sponsors, team representatives as well as leaders of the various racing organizing bodies such as IndyCar and NASCAR. Attendees range from corporate leaders and attorneys to “mom and pop” dirt track racers who want to be better informed.

TRAC is co-presented by the IndyBar and the North Carolina Bar Association. Although Indy and Charlotte compete for some of the same clients and sponsors, the group has worked very well together to raise the level of awareness and information about Motorsports Law and the industry as well. If registration continues to go as well as expected, this year, the conference will set “a new track record.”•

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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