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Marilyn Monroe decision points to right of publicity's shortcomings

September 26, 2012
Dave Stafford
The legal landscape for Marilyn Monroe’s heirs changed considerably when a federal court recently affirmed that the idol had no right of publicity that survived her.
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New provisions shine light on patent process

September 26, 2012
Marilyn Odendahl
One addition under the America Invents Act is the public has the opportunity to participate in pre- and post-grant reviews.
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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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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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Sidebars: Coaches Tavern has made consistently good food for 10 years

September 26, 2012
We give Coaches Tavern 3 gavels!
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Conour's colleagues questioned behavior

September 12, 2012
Dave Stafford
William Conour, until recently, was one of Indiana’s most respected and powerful personal injury attorneys, his name prominent enough to grace a law school atrium. Now he faces a federal charge that could send him to prison for much of the rest of his life.
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Lawsuits test gun restrictions at polling places, local regulations

September 12, 2012
Dave Stafford
Can you carry a gun to the ballot box? With a few narrow exceptions, the answer appears to be yes. A lawsuit filed last month in St. Joseph Superior Court could clarify further whether a 2011 law that voids local firearm regulations would make efforts to keep guns out of voting precincts illegal.
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CCEC Work Group proposes sweeping revision to the Indiana Criminal Code

September 12, 2012
Marilyn Odendahl
The Indiana General Assembly’s Criminal Code Evaluation Commission has started another round of hearings to collect data and recommendations for revising the state’s criminal statutes. A key element of this review will be an extensive study of significant sections of Title 35 by the CCEC Work Group.
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LSA leaves opinions at the door

September 12, 2012
In a world of partisan wrangling, the  Legislative Services Agency has “jealously guarded” its nonpartisan nature.
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Attorneys seek to help homeless veterans

September 12, 2012
Marilyn Odendahl
Legal issues are often obstacles in veterans finding permanent housing.
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Dean's Desk: Law students benefit from alumni's professional experience

September 12, 2012
Nell Jessup Netwon
One of the benefits of writing this column is that it gives me time to reflect on aspects of Notre Dame Law School that are known and appreciated in South Bend and among our graduates, but are perhaps not as well known to the Indiana bench and bar.
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Courts tend to side with HOAs on disputes

September 12, 2012
Marilyn Odendahl
No one disputes that Country Squire Lakes Community in Jennings County has decayed from a pleasant welcoming place to live into a mess of broken down mobile homes where there is fear of crime. They disagree if the change is radical enough to excuse homeowners from paying dues and assessments to their homeowners association.
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Start Page: Disaster! It lurks around the corner – protect data now

September 12, 2012
Kim Brand
You are hanging by a thread and you don’t even know it. Your Internet connection is delivered by two wires that connect to a box on the outside of your office – and all that separates you from disaster is a cable removed from a jack on the wall.
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Lucas: Make this the year to support civic education

September 12, 2012
Kelly Lucas
Indiana lawyers will have a unique opportunity to participate in a civic education program that will cast a national spotlight on our state and legal community. The 2013 National High School Mock Trial Championship will be held in Indianapolis May 9 to 11.
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DTCI: Negligent infliction of emotional distress

September 12, 2012
There are few torts that have been subject to more expansion and modification in the last 20 years than negligent infliction of emotional distress.
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Same court, new experience

August 29, 2012
Marilyn Odendahl
Hoover Hull LLP partner Alice Morical joins a Southern District pro bono program and faces a jury for the first time.
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Marion County slating reform gets new push

August 29, 2012
Dave Stafford
The Indianapolis Bar Association takes aim at the Marion Superior judicial selection process.
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Roberts ready for last year at bat

August 29, 2012
Marilyn Odendahl
Indiana University Robert H. McKinney's dean talks legal education and his future teaching plans.
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Pill mills migrating to Indiana?

August 29, 2012
Marilyn Odendahl
The General Assembly and physician groups are considering ways to stop over-prescribing of pain medications.
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Marion County Small Claims courts take small steps

August 29, 2012
Dave Stafford
Recommended overhauls on the courts' structure are unlikely following the task force's critical report.
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Shepard to lead legal education task force

August 29, 2012
Marilyn Odendahl
The American Bar Association forms a committee to review the performance of law schools.
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Technology Untangled: easy printing from phone or tablet

August 29, 2012
Stephen Bour
Stephen Bour writes about an app that makes it easy for Android users to print from their mobile devices.
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Quality of Life: Take action to make next year a better one

August 29, 2012
Jonna Kane MacDougall
The drought has made MacDougall think about how people often say "next year will be better" but do nothing to make that happen.
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The case against Bei Bei Shuai

August 15, 2012
Dave Stafford
Marion County Prosecutor Terry Curry never expected the prosecution of Chinese immigrant Bei Bei Shuai to become a cause célèbre. It also has become a battleground over prosecutorial discretion and how far a defense attorney can go in representing her client.
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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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