Opinion

Technology Untangled: Need parking or eBook? Your phone can help

March 14, 2012
Stephen Bour
With iPhones and Android smartphones, there are plenty of apps to help you navigate to where you want to go – except for that last crucial distance to an open parking spot. One of our topics in this column is a new technology that helps you find a parking spot with your smartphone. I’ll also describe how to download free eBooks.
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IL celebrates 22 years covering legal community

March 14, 2012
Kelly Lucas
You may not have realized it, but with this issue of the Indiana Lawyer – Volume 23, Number 1 – we celebrate an anniversary.
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McGoff: Take care of your most valuable asset

March 14, 2012
We all have excuses for not taking care of ourselves: too busy, too tired, don’t know where to begin, don’t know how to relax/de-stress. Let’s get past these excuses, one choice at a time.
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Sidebars: Restaurant built on lifelong family traditions

March 14, 2012
Jennifer Lukemeyer, Fred Vaiana
Jennifer Lukemeyer and Fredrick Vaiana give Maxine's Chicken and Waffles three gavels on the food but four when it comes to the motivation of those honoring Maxine and Ollie’s obvious love for their children.
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Nordstrom: Book offers advice on treatment of jurors

March 14, 2012
Rodney Nordstrom
The theme of the book, “Twelve Heroes, One Voice,” is why should jurors care? Why should they care enough to let go of the natural tendency to do nothing? This question is at the heart of every trial.
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Morris: Shepard's legacy is transparent government

February 29, 2012
Greg Morris
Greg Morris writes about Indiana Chief Justice Randall Shepard receiving the Frank O'Bannon Sunshine Award.
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Terms of Art: James Strain

February 29, 2012
Wandini Riggins
Wandini Riggins writes about attorney and photographer James Strain.
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Neumann: Digital treasures play a role in estate planning

February 29, 2012
Matthew Neumann writes about how Facebook and estate planning relate.
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Andrews: Couple accused of tax fraud turning the tables

February 29, 2012
Greg Andrews
Greg Andrews writes his "Behind the News" column about a Carmel couple's federal lawsuit stemming from a tax fraud investigation.
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Lucas: Is diversity within the judiciary important?

February 15, 2012
Kelly Lucas
Editor Kelly Lucas wants to know whether the racial or gender diversity of candidates should be considered when evaluating candidates.
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Badger: Free speech over the Internet put to the test

February 15, 2012
Free expression in this country has withstood repeated assault during times of political upheaval.
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DeGroote: The new social network - return to the bar

February 15, 2012
With more demands on my time, I find myself less involved in the state, local, and firm activities and social events. Apparently, I am not alone.
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Dean's Desk: Value and delivery in law school education

February 15, 2012
Jay Conison
Valparaiso University Law School Dean Jay Conison writes that criticizing law schools is the new national pastime.
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Start Page: Exploring alternatives to using email

February 15, 2012
Kim Brand
Email is war – you are a prisoner. Your inbox, once littered with annoying spam, now delivers a super-abundance of information. The torrent defies your effort to organize, classify, prioritize and respond to those that are critical versus those that are merely interesting. Bad news: it’s only going to get worse.
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Technology Untangled: Intel WiDi laptops provide wireless HDTV display

February 1, 2012
Stephen Bour
Stephen Bour looks at using WiDi for law firm and courtroom presentations.
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BGBC: Calculating lost profits requires analysis

February 1, 2012
Computing the lost profits of a business as a result of a wrongful act is a complex task. And many times, the question to ask is: “But for” a wrongful act, what would the profits be? What would the value be?
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Dean's Desk: Indianapolis law school enters new era

January 18, 2012
Robert H. McKinney School of Law Dean Gary R. Roberts writes about the multi-million dollar gift the Indianapolis law school received in December 2011.
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Lucas: IL puts the call out for leaders in the law

January 18, 2012
Kelly Lucas
Lucas encourages nominations for an up-and-coming lawyer or distinguished barrister for Indiana Lawyer's Leadership in Law awards.
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Sidebars: Super sandwich list misses the mark

January 18, 2012
Jennifer Lukemeyer, Fred Vaiana
Frederick Vaiana suggests what sandwiches should have made the list of the state's top 46 sandwiches.
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Federal Bar Update: Removal and venue changes now in effect

January 18, 2012
John Maley
Maley writes about the Federal Courts Jurisdiction and Venue Clarification Act of 2011.
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Lucas: Trial reports give glimpse into litigation strategies

January 4, 2012
The Indiana Lawyer would like to revive the trial report section of the newspaper in 2012.
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Start Page: Protecting those pesky passwords is necessary evil

January 4, 2012
Kim Brand
Author Kim Brand says: you don’t like passwords or complicated password policies and you don’t think a secure password is worth the trouble.
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Book review: 'Judge the Jury' looks at juror handwriting

December 21, 2011
Rodney Nordstrom
Trial consultant Rodney Nordstrom offers his thoughts on Alice Weiser's book on using graphoanalysis to pick jurors.
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Federal Bar Update: Removal and venue changes are on the horizon

December 21, 2011
John Maley
With the recent passage of the Federal Courts Jurisdiction and Venue Clarification Act of 2011, key statutory changes to removal and venue are on the horizon.
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Judge in high-stakes suit praises lawyers

December 21, 2011
Greg Andrews
Indianapolis class-action attorney Irwin Levin just helped lead a legal team that is going to collect more than $6.7 million in fees in a high-profile Iowa lawsuit involving price fixing in the concrete industry.
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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. 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.

  4. 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.

  5. 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)

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