Opinion

Badger: To arbitrate or litigate, that is the question

January 2, 2013
Steven Badger
In my world of dispute resolution, one of the most basic questions is whether a particular business dispute should be resolved in arbitration or in a court of law. Like many of the questions I am frequently asked by clients, there is no simple answer that fits all occasions and situations.
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McGoff: It is a new year, start creating a new 'you'

January 2, 2013
Sharon McGoff
Each year, as Jan. 1 approaches and we gaze in the mirror at the after effects of the holidays … dark circles under our eyes, too many cookies and an over-abundance of cocktail parties, we set our sights on resolutions. We vow that “this time” we are going to do it! However, the statistics show that over 80 percent of us who set New Year’s resolutions will fail.
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Start Page: Top 5 New Year's (IT) resolutions for 2013

December 19, 2012
Kim Brand
Make this the year you get out of the poor-productivity ditch.
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Technology Untangled: Easy video security with Internet cloud camera

December 19, 2012
Stephen Bour
Today we will look at a simple and effective Web-based network video security camera from D-Link that makes it easy to remotely monitor your home or office over the Internet.
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Federal Bar Update: Rule changes, 7th Circuit procedural decisions

December 19, 2012
John Maley
As federal practitioners know, each Dec. 1 new federal rule amendments take effect. In most recent years there have been significant changes to Federal Rules of Civil Procedure each December.
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Indiana Judges Association: Do media measure up in court coverage?

December 5, 2012
David Dreyer
We judges are obligated to actually ignore popular opinion or preference and apply the law, but we are further constrained to not discuss our decisions on talk shows or interviews. Yet, public confidence in courts is more important than any other branch of government because people need to believe in us or they will not believe or obey our rulings.
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Quality of Life: Let your inner child out this holiday season

November 21, 2012
Jonna Kane MacDougall
Wouldn’t it be wonderful to live every moment in color, instead of black and white?
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Sidebars: 'The Local' features the best of Indiana home-grown foods

November 21, 2012
Jennifer Lukemeyer, Fred Vaiana
We give the restaurant 3.5 gavels!
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DTCI: Client relationships and effective case management

November 21, 2012
From DTCI
Both authors of this article recently had experiences in which our clients have shown us the true emotional impact that litigation can have on a new litigant.
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Lucas: Dedication of clerks leads to smooth elections

November 21, 2012
Kelly Lucas
The 2012 elections are finally over. And while I think most people, with the possible exception of mail carriers and holiday Scrooges, are happy to have gift catalogs replace political flyers in their mailboxes, I would bet that no group is happier to see election season come to an end than the county clerks.
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Book review: 'The Science of Attorney Advocacy'

November 21, 2012
Rodney Nordstrom
Unlike other books I have recently reviewed, the book “The Science of Attorney Advocacy targets a different type of reader.
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Finney: Overwhelmed by email? Try changing your outlook!

November 7, 2012
Deanna Finney explains how readers can use tools in their Outlook email program to make emails easier to manage.
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Federal Bar Update: Northern, Southern District courts cleaning up local rules

November 7, 2012
John Maley
Local Rule amendments are in the works in the Northern District and Southern District of Indiana, with amendments to take effect Jan. 1.
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Lucas: More information is needed when judging the judges

October 24, 2012
Kelly Lucas
Up the street and around the corner from my Broad Ripple house, a yard sign caught my eye that didn’t involve the usual Democrat versus Republican political rhetoric. This simple, hand-painted sign called for the ouster of Supreme Court Justice Steven David.
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DTCI: take the time to appreciate life's moments

October 24, 2012
Michele Bryant
I cannot imagine any professionals more obsessed with time than lawyers. While a great debate still rages as to whether the billable hour is dead, the fact remains that many lawyers continue to measure services to clients by a unit of time: the billable hour.
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Sidebars: La Margarita is anything but traditional Mexican food

October 24, 2012
Jennifer Lukemeyer, Fred Vaiana
We give La Margarita 3 1/2 gavels!
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Start Page: why the fax won't die

October 24, 2012
Kim Brand
The modern fax machine was introduced in 1964 by Xerox. Fast forward to today. Unless you use a typewriter, there are no other machines in your office that have remained essentially unchanged in form and function for almost 50 years. Fax is ubiquitous, reliable, simple and cheap. Why would you want to mess that up?
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Nordstrom: Book offers little insight for experienced trial attorneys

October 10, 2012
Rodney Nordstrom
Rodney Nordstrom reviews "Winning the Jury's Attention: Presenting Evidence from Voir Dire to Closing."
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Dean's Desk: Pro bono projects broaden opportunities, instill values

October 10, 2012
Hannah Buxbaum
Preparing students for the rigors and complexity of today’s legal profession requires schools to focus not only on doctrinal analysis, but also on the complete set of professional competencies that successful lawyers require. Toward that end, the faculty at the I.U. Maurer School of Law has adopted a series of initiatives aimed at expanding the range of experiential learning opportunities available to our students.
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Lucas: Nominations for 2013 Leadership in Law awards being accepted

October 10, 2012
Kelly Lucas
I encourage you to nominate an up-and-coming lawyer or distinguished barrister who you admire. Time is limited, and I realize that when it comes to discretionary projects like completing a nomination form, while our intentions are good, our follow-through can fall short. But there is something about the feeling derived from taking the time – or making the time – to do something like this that is so satisfying.
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Technology Untangled: Send and receive large files with ease

October 10, 2012
Stephen Bour
Using attachments in email is a common and simple method for sending files. There is, however, a problem when those attachments get too large. That is because there are file size limits on most email services for both sending and receiving attachments.
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Bentley: Darden honored for impact, influence on legal community

September 26, 2012
On September 14, 2012, the Marion County Bar Association hosted a retirement dinner in honor of Judge Carr L. Darden, who retired as a full-time appellate judge from the Indiana Court of Appeals on his 75th birthday, July 21, 2012. The event was held at the downtown Indianapolis Marriott and included dinner, musical entertainment and remarks from several individuals to whom Judge Darden has served as a colleague, mentor, family member and friend.
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Behind the News: '80s anti-takeover law helped sow Emmis win in court

September 26, 2012
Greg Andrews
Emmis Communications Corp.’s tactics as it plotted to strip preferred shareholders of their rights were “admittedly unusual,” Judge Sarah Evans Barker acknowledged in her Aug. 31 ruling that let the company go forward with a shareholder vote a few days later that did just that.
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Indiana Judges Association: Could judicial Olympics cure court budget woes?

September 26, 2012
David Dreyer
Judge Dreyer comes up with a way to cure court budget woes and provide reality TV.
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DTCI: 'Queen bee syndrome' in the workplace – true or false?

September 26, 2012
If you are a woman trying to make it to the top of a law firm, can you expect a higher-ranking female attorney to take you under her wing? Do you need to undermine other women in order to advance or treat other women as threats?
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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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