Laws

Expanding smoking ban would hurt casinos, study committee chair says

October 23, 2015
Marilyn Odendahl
In a brief hearing Thursday, members of the Interim Study Committee on Public Policy voted to leave the state’s smoking ban alone.
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Study panel to hear proposal to open adoption records

October 19, 2015
Dave Stafford
Whether some 350,000 adopted people born between 1941 and 1993 should be allowed access to their birth certificates – and knowledge of who their biological parents are – will be considered Tuesday by a legislative study panel.
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Lawsuit alleges Crown Hill illegally solicited people in hospitals, care facilities

September 28, 2015
Dave Stafford
Indiana’s largest cemetery illegally made direct solicitations to people in hospitals, mental health facilities and other care settings, alleges a class-action lawsuit  filed Monday in Indianapolis.
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First TDSIC tracker petition short circuits, but power turned on

September 23, 2015
Marilyn Odendahl
Three months after legislation was approved at the Indiana Statehouse allowing utility companies to pass along the costs of upgrading their infrastructure to consumers, Northern Indiana Public Service Co. took the new law out for a test drive.
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Justices decline to extend ‘bystander rule’

September 21, 2015
Dave Stafford
The father of a moped driver killed in a collision with a car may not recover on a claim of negligent infliction of emotional distress, the Indiana Supreme Court ruled Monday, declining to extend the bystander rule in such cases.
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Panel sets hearing on medical malpractice caps

September 8, 2015
Dave Stafford
A General Assembly panel this week will study whether caps on damages in Indiana’s medical malpractice statute should be changed.
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Americans with Disabilities Act turns 25

August 26, 2015
Teryn Armstrong
Also known as the largest civil rights act in the U.S., the ADA has resulted in gains for those with disabilities. However, there is still more work to be done.
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Judicial luminaries to mark Magna Carta’s 800th year

August 26, 2015
Dave Stafford
A who’s who of Indiana lawyers and state and federal court judges will soon mark eight centuries since Britain’s King John relented in the face of a baron rebellion and placed his seal on the document that guaranteed, among other things, right to a trial by jury.
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Proposal would double salary threshold for exempt employees

August 26, 2015
Dave Stafford
Employment attorneys and their clients large and small are scrambling to find ways to deal with a likely change in federal regulation that could more than double the earnings threshold for workers classified as exempt from overtime.
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Law barring convicted sex offenders from schools challenged

August 21, 2015
 Associated Press
An Indiana man is challenging a new state law that bars certain convicted sex offenders from entering schools, arguing it can impair the right to vote.
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Long wait for cold beer decision not unusual

August 12, 2015
Marilyn Odendahl
The 7th Circuit heard oral arguments Jan. 7, 2015, in the lawsuit challenging the state’s prohibition against convenience stores selling beer cold.
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Residents celebrate law allowing alcohol at retirement homes

July 20, 2015
 Associated Press
Residents of a Bloomington retirement home are enjoying their successful push for a change to state law to allow the serving of alcohol at Indiana's nursing homes and retirement communities.
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Sex orientation added to Terre Haute anti-discrimination law

July 17, 2015
 Associated Press
The Terre Haute City Council has passed an amendment adding sexual orientation and gender identity to its local anti-discrimination ordinance.
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Manager suing state child welfare agency over caseload

July 15, 2015
 Associated Press
A lawsuit filed on behalf of a Department of Child Services family case manager contends her caseload is more than twice what Indiana law allows, and the excessive work puts children at risk.
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Some justices dubious of synthetic drug law arguments

July 15, 2015
Dave Stafford
At least two of Indiana’s five Supreme Court justices were openly skeptical of arguments that the state’s scheme for criminalizing synthetic drugs such as Spice and bath salts is unconstitutional, as the Court of Appeals ruled.
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Weighing the ‘Right to Try’ law

July 15, 2015
Dave Stafford
A new law promising terminally ill patients access to trial drugs is no cure-all.
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Innovation in mobile health impacts law

July 15, 2015
Nicolas Terry
There is a health care revolution going on in your pocket and on your wrist, and it is one for which the legal system is ill-prepared.
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Law sending low-level offenders to counties raises questions

July 6, 2015
 Associated Press
Indiana counties are expecting to see increases in their inmate populations under a new law that will send low-level offenders to county jails, work release or home detention instead of to prison, the South Bend Tribune reported Sunday.
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Local efforts to limit Fourth of July festivities fizzle

July 1, 2015
Dave Stafford
Not everyone is having a blast over the explosion of fireworks use in Indiana in recent years. But local attempts so far to curb the concussions have bombed.
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Most new Indiana laws effective July 1

July 1, 2015
IL Staff
Read about the new laws passed during the 2015 session.
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Renewed fight expected over Indiana abortion clinic rules

June 11, 2015
 Associated Press
Indiana's push to place tougher restrictions on a Lafayette Planned Parenthood clinic that provides abortions only by using drugs, not surgery, could spark a new court fight under a revised law set to take effect in July.
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Court strikes down ‘born in Jerusalem’ passport law

June 8, 2015
 Associated Press
The Supreme Court of the United States struck down a disputed law Monday that would have allowed Americans born in Jerusalem to list their birthplace as Israel on their U.S. passports in an important ruling that underscores the president's authority in foreign affairs.
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New laws shelter attorneys-in-fact from liability in settling estates

June 3, 2015
Dave Stafford
How long heirs have to initiate an action arising from an attorney-in-fact’s final accounting of an estate has been an open question in Indiana, but a recent change in state law settles it. Mostly.
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Expected changes to Patriot Act better, says IU Maurer cybersecurity expert

June 1, 2015
Marilyn Odendahl
The failure of the U.S. Senate to reauthorize parts of the Patriot Act surprised cybersecurity expert Fred Cate, but he hesitated to describe the expiration of the legislation as a major shift in current policy.
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Court declines to rule on constitutionality of statute as it relates to auditors

May 26, 2015
Jennifer Nelson
Because the Marion County auditor does not have statutory or common law standing to appeal a property tax assessment board of appeals’ decision under Indiana Code 6-1.1-15-12 to the Indiana Tax Court, its judge, Martha Wentworth, held that the constitutional challenge raised regarding the statute will have to be decided another day.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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