Opinion

Bell/Gaerte: SCOTUS guides trial courts’ involvement in plea offers

July 3, 2013
James Bell, K. Michael Gaerte
In the last term, the United States Supreme Court, in Missouri v. Frye, 132 S. Ct. 1399 (2012), took a small step toward inviting trial courts into plea negotiations.
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Federal Bar Update: Southern District starts pilot program for employment cases

July 3, 2013
John Maley
The Southern District of Indiana has been experimenting this year with a pilot program for certain employment cases. The only eligible cases are individual Title VII, ADA and ADEA actions.
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Hammerle on … 'The East,' 'The Purge'

July 3, 2013
Robert Hammerle
Bob Hammerle recommends you see "The East" to find out how domestic terrorists can be the good guys.
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Lucas: Ever wonder ‘What do reporters really want?’

June 19, 2013
Kelly Lucas
Lucas offers a few suggestions to a list created about what reporters want - and don't want - when interviewing attorneys.
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Start Page: Prepare your firm for a disaster before one strikes

June 19, 2013
Kim Brand
You don’t need to be a technology expert to understand disaster planning. In fact, it may be an advantage not to be.
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Hammerle on … 'Frances Ha,' 'Fast & Furious 6'

June 19, 2013
Robert Hammerle
Hammerle's take on "Frances Ha": This is a movie that every woman should see who remembers the thrill and torment of being 27.
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DTCI: Perception and psychology shape interactions

June 5, 2013
Kevin Tyra
Kevin Tyra takes a look at how how perception and psychology shape interactions in general, and interactions among adverse lawyers in particular.
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Cox: Implement a system of checks to avoid conflicts of interest

June 5, 2013
Dina Cox
Loyalty and independence of judgment are essential to the effective representation of a client. A conflict of interest may make it impossible to exercise these essentials, or it may create an appearance that is injurious to the health of the lawyer-client relationship.
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Hammerle on ... 'The Company You Keep', 'Star Trek Into Darkness'

June 5, 2013
Robert Hammerle
Bob Hammerle says that "Start Trek Into Darkness" captures all the goofy charm that made the TV series so lovable.
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Technology Untangled: GoPro action cam for work and summer fun

June 5, 2013
Stephen Bour
The summer vacation season is upon us, so today’s article will review a camera that you may find both useful and fun for your summer adventures. This camera is also useful for video documentation functions at work. It provides a superior video to the typical cell phone.
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Inbox: Court guts medical hearsay exception for children

May 22, 2013
Laurie Gray, a former prosecutor, writes about the recent Indiana Supreme Court decision's impact on medical hearsay exception for child victims.
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Hammerle on...'The Great Gatsby,' 'Iron Man 3'

May 22, 2013
Robert Hammerle
Bob Hammerle recommends you see "The Great Gatsby" on the big screen.
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Start Page: Fighting interruption addiction, continued

May 22, 2013
Kim Brand
In my last column, I confessed I was addicted to interruptions: email, voice mail, texts, phone calls, Twitter feeds, etc. Studies have shown multitasking lowers IQ.
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Finney: The OneNote tool you actually need

May 22, 2013
In this on-demand era of instant gratification, we expect that information should always be at our fingertips. Our time is precious and we all want others to respect that fact; in return doesn’t that mean we should all be respectful of the time that others give to us?
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Dean's Desk: Legal education is navigating turbulent waters

May 8, 2013
Gary Roberts
On April 24, the McKinney School was privileged to host a plenary session of the American Bar Association Task Force that Randy Shepard is chairing on the future of legal education. It was an eye-opening, interesting and, at the same time, unsettling day.
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Technology Untangled: Display your iPad on the big screen at trial

May 8, 2013
Stephen Bour
The iPad is a convenient and useful personal device for many daily work (and play) activities. However, when it comes time to show what is on your 9.7-inch screen and share it with others, the iPad can use a little help.
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Indiana Judges Association: Judges need to take control of cultural standing

May 8, 2013
David Dreyer
Have you ever Googled “lawyer dog”? If you do, be prepared to see a limitless line of websites all featuring identical photos of the same canine seated behind his desk, along with various one-liners related to the law, dogs and just silliness.
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Federal Bar Update: Supreme Court takes rare steps on procedural decisions

May 8, 2013
John Maley
With its limited docket, the U.S. Supreme Court rarely decides procedural issues, focusing instead on weighty constitutional issues or resolving split interpretations of federal statutes. This term, however, the Supreme Court has addressed several procedural issues.
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DTCI: As attorneys, conflict is our business

May 8, 2013
From DTCI
This is not a call for more “civility.” To be candid, I have heard that so many times from so many people that it has lost all significance to me.
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Hammerle on ... ‘Mud,’ ‘No’

May 8, 2013
Robert Hammerle
It wasn’t that long ago that I would have given Matthew McConaughey the same chance of receiving an Oscar nomination as the Supreme Leader of North Korea receiving a Nobel Peace Prize. Times haven’t changed on the Korean Peninsula, but they certainly have in Hollywood.
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Lucas: 2013 Leadership in Law Award winners revealed

April 24, 2013
Kelly Lucas
Through the profiles in the Leadership in Law award supplement, it is our goal to introduce IL readers to the men and women behind the public and professional personas.
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Hammerle on ... '42'

April 24, 2013
Robert Hammerle
Before reviewing the movie "42," Bob Hammerle pays tribute to the recent passing of Roger Ebert, Jonathan Winters and Annette Funicello.
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Dean's Desk: IU Maurer professor’s legacy lives on at law school

April 10, 2013
Hannah Buxbaum
Two months ago, the Maurer School of Law lost an esteemed colleague, friend and teacher who touched the lives of more than 6,000 of our alumni during his 33 years at the law school.
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Living Fit: Get ready for summer

April 10, 2013
Sharon McGoff
I know what you’re thinking – the task of getting in shape is all too daunting, and I don’t have time to do it because there are too many areas in my wellness plan that need focus. I hear you! So, together, let’s set a plan for taking small steps NOW to make big progress by June 1.
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INBOX: Voter Experience Project

April 10, 2013
A letter to the editor looks at Marion County's voting technology.
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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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