Opinion

Column: Using Facebook to provide notice for service of process

May 20, 2015
A recent study found that nearly 75 percent of all adults in the U.S. who use the Internet also have Facebook accounts. What if Facebook could soon have a major (positive) impact on litigation?
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Waterfill: State court vs. federal court: Which venue is best?

May 20, 2015
What are the various considerations when determining between state and federal court?
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Hammerle on ... the value of books

May 20, 2015
Robert Hammerle
Bob Hammerle takes a break from reviewing movies to offer his thoughts on a book that involves Hollywood directors serving in World War II.
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Start Page: Drag and drop your way to a more productive day

May 20, 2015
Seth Wilson
Lawyers live or die by deadlines, so if something’s on the calendar, there’s a good chance it will get done. This article will suggest a few ways we can harness the power of the Outlook Calendar to get things done and feel less stress.
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Indiana Judges Association: Clarity can come with certain costs

May 20, 2015
David Dreyer
Judges are decidedly impartial, but not necessarily unequivocally impartial.
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Bell/Whelan: 3 things to know about amended pro bono reporting rule

May 20, 2015
James Bell, Jessica Whelan
Rule 6.7, in effect for a mere four months, was recently amended by a Supreme Court order issued April 30, 2015, and effective immediately. The amendment provides additional clarity on what is expected of Indiana attorneys with respect to reporting pro bono service.
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Dean's Desk: Stewart Fellows bring global experience to Indiana

May 6, 2015
Austen Parrish
Globalization, once the exclusive domain of so-called international lawyers, now touches many lawyers’ practices. For this reason, the IU Maurer School of Law has been on the forefront of offering global opportunities to our students.
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Neutral Corner: Admitting mediation communications in bad-faith actions

May 6, 2015
John Van Winkle
Are statements, offers and demands made during a mediation admissible in a bad-faith case? This issue is presently pending before the 9th Circuit Court of Appeals and is being watched by many in the mediation community with the hope it will clarify to what extent exceptions will continue to be created to the mediation confidentiality statutes.
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Technology Untangled: Remember this useful tip for fixing a computer

May 6, 2015
Stephen Bour
There is always so much new information to learn and absorb when utilizing and maintaining your computer. Sometimes, though, you can forget about some of the really good things you already know (or knew). After digging deep into a recent computer problem that appeared to be a major issue, I remembered to try an easy fix.
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Michael: The importance of Article 7 of the Ind. Administrative Code

May 6, 2015
Article 7 of the Indiana Administrative Code provides standards, procedures and protections for students with disabilities and is a “lucky number” for attorneys to remember when it comes to clients and their educational needs.
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Hammerle On…'The Water Diviner,' 'Ex Machina'

May 6, 2015
Robert Hammerle
Bob Hammerle gives Russell Crowe credit for trying to match the power of "All Quiet on the Western Front" in his movie "The Water Diviner."
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Lechleiter: PTO improves adversarial procedures for challenging patents

April 22, 2015
As the U.S. Patent and Trademark Office issues more and more patents each year, inevitably many companies will find themselves named as defendants in patent-infringement litigation.
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McCauley: Are you prepared for a data breach litigation?

April 22, 2015
John McCauley
Data breaches can be very stressful events for an organization and counsel should be prepared to help a client navigate the complexities of a proper response. At the end of the day, maintaining the client’s ongoing relationship with its customers and its reputation in the marketplace should be the primary goal of the client and counsel.
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Indiana Lawyer owner reflects on paper’s 25-year history

April 22, 2015
The Indiana Lawyer was launched 25 years ago with a quest to have a prestigious publication that would be educational and enjoyable, and have a positive impact on the legal community.
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Making Rain: Use these tips to improve email etiquette

April 22, 2015
Dona Stohler
Maybe you are thinking, “What does email etiquette have to with business development?” Generally, quite a lot.
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Living Fit: It's up to you to be happy

April 22, 2015
Sharon McGoff
For most of us, the answer to the question, “Are you happy?” depends upon who we’re with, our health, work life, finances and family dynamics.
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Hammerle On… 'Fast & Furious 7,' 'While We're Young'

April 22, 2015
Robert Hammerle
Bob Hammerle says even if you have to wear a disguise, you should go see "Fast & Furious 7."
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Dean's Desk: Preparing for a more specialized profession

April 8, 2015
Nell Jessup Netwon
The legal community is keenly aware of the trend toward ever-increasing specialization in the legal profession. The trend has picked up steam every year during the past decade.
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Hammerle On… 'What We Do in the Shadows,' 'It Follows'

April 8, 2015
Robert Hammerle
Bob Hammerle says "What We Do in the Shadows," a mockumentary about four vampires, is an inspiring bit of cinematic lunacy.
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Stevenson: Construction contractor non-delegable duties: then & now

April 8, 2015
With over 200 years of history, the non-delegable duty doctrine is not likely to disappear. As with many long-standing legal principles, it will likely be molded to fit today’s complex construction world.
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Quality of Life: Take steps toward a course for new beginnings

April 8, 2015
Jonna Kane MacDougall
While some behaviors may have helped us progress through life at one time, often they become limiting as we develop and mature. There are ways to change these patterns – to create new internal responses or maps, so to speak, so that you will move in a different direction from your old way of being.
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Start Page: Tips to reduce email notification distraction

April 8, 2015
Seth Wilson
Love it or hate it, email is here to stay. With electronic filing, more of our practice becomes electronic every day.
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Waggoner: What I’ve learned from lawyers gone bad

April 8, 2015
Recent news of Hoosier attorneys donating $100,000 to the victims of disgraced Indiana lawyer Bill Conour prompts several thoughts about bad lawyers and the consequences for those victims.
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Hammerle On…'Chappie' and 'The Best Exotic Marigold Hotel'

March 25, 2015
Robert Hammerle
Bob Hammerle says “Chappie” was "everything that I didn’t think it would be."
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Dean's Desk: Learning to write for the law

March 11, 2015
Andrea D. Lyon
One of the educational challenges facing those of us in higher education (not just law) is teaching writing. The entry of what is often referred to as the millennial generation into higher education has shown a marked decrease in prior opportunities to write, to be critiqued, and, sadly, even to have been instructed in the basics of grammar, sentence structure and syntax.
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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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