Opinion

Hammerle On…'American Hustle,' 'Inside Llewyn Davis,' 'Anchorman 2: The Legend Continues,' 'The Hobbit: The Desolation of Smaug'

January 1, 2014
Robert Hammerle
Bob Hammerle says don't be surprised if David O. Russell’s “American Hustle” wins Oscar’s top prize.
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Hammerle On …'Philomena,' 'Nebraska'

December 18, 2013
Robert Hammerle
The unforgettable Judi Dench makes “Philomena” a triumph. Based on a book written by Martin Sixsmith, played here by Steve Coogan, Dench embodies Philomena, an aging Irish woman wrestling with profound regret.
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Technology Untangled: Transfer photos and files between devices with just a bump

December 18, 2013
Stephen Bour
Today we will look at a cross-platform application called Bump.
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Sidebars: Fried chicken stands out at Vincennes eatery

December 18, 2013
Jennifer Lukemeyer, Fred Vaiana
Our trio sauntered over to the Dogwood Barbeque after late-morning court for lunch based upon the recommendation of Knox County Deputy Prosecutor Joe Burton. Joe must like to eat because this buffet-style restaurant serves up massive quantities of food for a reasonable price.
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Bell/Gaerte: 3 things to know about confidentiality

December 18, 2013
James Bell, K. Michael Gaerte
While social media has not mandated the creation of new ethical guidelines, it does make it easier to commit an ethical foul.
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Federal Bar Update: Rule 45 amendments on subpoenas took effect Dec. 1

December 18, 2013
John Maley
Amendments took effect Dec. 1 to Rule 45 of the Federal Rules of Civil Procedure. Also, amendments took effect to several of the Southern District of Indiana’s Local Rules.
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Gallagher: Does USPTO favor an international model?

December 4, 2013
In the new first-to-file system, the person who filed a patent application first would receive the benefit of getting the 20-year monopoly. However, there appear to be more subtle changes geared toward an international/European model that could substantially affect an inventor’s ability to obtain a patent in the United States, although these changes could be limited in duration.
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Start Page: Is your data in the cloud really out of (your) control?

December 4, 2013
In today’s rapidly changing technology environment, programmers update software frequently. Your choice: accept the changes or move on. When was the last time you went more than a day without an update request from your smartphone?
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INBOX: State bar needs to speak up on marriage equality

December 4, 2013
Shawn Marie Boyne writes that the Indiana State Bar Association needs to speak up in defense of marriage equality like the American Bar Association has.
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Indiana Judges Association: 'You can't eat the Constitution'

December 4, 2013
David Dreyer
Like most judges, Shay Minton’s achievements were numerous, but largely unmeasured.
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Hammerle on ... 'The Hunger Games: Catching Fire','Dallas Buyers Club'

December 4, 2013
Robert Hammerle
Bob Hammerle roots for Jennifer Lawrence's Katniss Everdeen in the newest "Hunger Games" movie.
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Gibson: Managing drug and medical device mass-tort litigation

November 20, 2013
A common mistake is the belief that a mass tort and a class action are interchangeable terms. While the paths of class actions and mass torts may cross, they are separate and distinct legal proceedings.
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Hammerle on…'12 Years a Slave,' 'Thor: The Dark World' and 'All is Lost'

November 20, 2013
Robert Hammerle
Bob Hammerle says forget what the critics say, "Thor: The Dark World" is a rollicking fun time.
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Bell/Gaerte: 3 things to know about criticizing judges

November 20, 2013
James Bell, K. Michael Gaerte
The case of In the Matter of T.D., --- N.E.2d ----, 71S00-1104-DI-196 (Ind. Oct. 8, 2013), provided guidance to attorneys about judicial criticism.
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DTCI: Don’t miss the 2013 annual meeting in Michigan City

November 20, 2013
From DTCI
This year the DTCI Annual Meeting will be held at the Blue Chip Casino in Michigan City. The conference begins at 10 a.m. Thursday, Nov. 21, and continues through 5 p.m. on Friday, Nov. 22. If you have not yet registered to attend, I strongly encourage you to pack your suitcase with casual clothes (and a little extra green for the casino) and head north to get all the CLE you need for the year at one conference for the reasonable price of $299.
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Living Fit: ISBA ‘buddies’ with attorneys to stay fit during the holidays

November 20, 2013
Sharon McGoff
This year, do something different! Your Indiana State Bar Association has launched the Maintain No Gain Buddy Campaign. This is your chance to stay healthy during the holidays, maintain your current weight, receive daily health tweets from me to keep you going, and win a Fitbit Pedometer.
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Dean's Desk: Law schools can't be good, fast and cheap

November 6, 2013
Andrew Klein
It is no secret that legal education has faced criticism in recent years. In fact, a virtual cottage industry has developed around the topic. Entire websites and blogs are devoted to the theme, some specializing in cynical and sarcastic commentary.
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Start Page: Voices from the cloud

November 6, 2013
Kim Brand
VOIP offers many attractive features. Among them, “cloud based” access to your office phone system. Conferencing, voice mail-to-email, call attendant services, cheap long distance, find me/follow me, etc., are the new normal.
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Finney: Is trial technology a reasonable and necessary expense?

November 6, 2013
Deanna Finney
A recent decision from the Nevada District Court, Clark County, demonstrated that technology at trial is a valued component and not merely a dog-and-pony show. The dispute at hand centered upon unpaid expenses for trial technology that had been deemed as not a “reasonable and necessary” expense.
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Column: Decision provides protection from ERISA retaliation

November 6, 2013
The 7th Circuit Court of Appeals has issued a key decision affecting the rights of employees who complain internally to their employers about failures to properly fund employee benefit plans governed by the Employee Retirement Income Security Act.
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Sidebars: Westville eatery delights with oven-baked items

November 6, 2013
Jennifer Lukemeyer, Fred Vaiana
We give Olga’s Place Pizzeria & Restaurant 4 gavels!
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Bell/Gaerte: 3 things to know about the right to silence after Salinas

October 23, 2013
James Bell, K. Michael Gaerte
James Bell and K. Michael Gaerte outline the three things to know about the impact of the U.S. Supreme Court's decision on the right to remain silent.
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DTCI: Can women in the legal profession really beat the odds?

October 23, 2013
From DTCI
Research has shown that the greatest barrier to advancement for women attorneys is the work-family conflict.
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Federal Bar Update: Rule requires advance service of non-party document requests

October 23, 2013
John Maley
Unknown to some practitioners, since 1991 the current version of Fed. R. Civ. P. 45 requires advance notice to opposing parties of document subpoenas issued to non-parties.
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Hammerle on … 'Gravity,' 'Captain Phillips'

October 23, 2013
Robert Hammerle
Taking place on a damaged space station, Alfonso Cuaron’s “Gravity” is the most challenging space adventure focusing on the human heart since Stanley Kubrick’s “2001: A Space Odyssey” (1968). It forces you to examine the ultimate purpose of life given the fact that we are all going to die.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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