Viewpoint

Editorial: Lake Co. merit selection is back on the table

April 27, 2011
Editorial Indiana Lawyer
It’s at the end of House Bill 1266, and we have no idea whether the legislation has a chance at passage by the April 29 session deadline, but we had to go back and read it twice before we believed what we were seeing.
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Editorial: More of the same?

April 13, 2011
Editorial Indiana Lawyer
They’re back, and like most citizens who watch with interest the goings on in the Indiana General Assembly, we’re not sure it’s altogether a good thing.
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Editorial: In this war of words, will anyone win?

March 30, 2011
Editorial Indiana Lawyer
At more than 30 days and counting, at least at Indiana Lawyer deadline, we’re not sure what will cause the Democrats elected to the Indiana House of Representatives to return to their posts at the Statehouse.
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Morris: Internet is the Wild West of blog posting

March 16, 2011
When you post a comment to a story on a media website, you are responsible for your words. At least that is the case at this time. Contrary to that opinion, many people think hiding behind an anonymous identity online should be a protected right.
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Editorial: Stalemate leaves constituents without a voice

March 2, 2011
Editorial Indiana Lawyer
There’s a lot of shouting and political posturing going on, but we’re not at all certain there’s much in the way of listening and compromising taking place.
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Editorial: All who serve as judges should be lawyers

February 16, 2011
Judges Mark Stoner and Terry Shewmaker explain why a proposed bill would protect Hoosiers' rights by making sure that law-trained judges preside over all cases in Indiana.
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Editorial: Home is where the heart is for Mr. Copsey

February 2, 2011
Editorial Indiana Lawyer
We often think of law enforcement officers and firefighters as first-responder types who venture into situations where others are reluctant to go. We’d like to expand the definition of first responder a bit, and bring your attention to an Indianapolis lawyer who after retiring from his day job years ago decided he wasn’t quite done practicing law.
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Editorial: Subpoenas for advocates raise concerns

January 19, 2011
Editorial Indiana Lawyer
In our culture, someone accused of a crime gets a vigorous defense to make certain all of the accused person’s constitutional rights are protected. This is as it should be. Those faced with the loss of their liberty or life deserve no less than the best defense that can be put forth.
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Editorial: Election Day 2010 provides cause for concern

December 8, 2010
Editorial Indiana Lawyer
Here's to hoping reason and sanity will prevail, but we're not holding our breath.
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Viewpoint: I hope you read this

November 24, 2010
An anonymous young lawyer in Indianapolis discusses her anxiety issues and the Judges and Lawyers Assistance Program.
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Editorial: Human trafficking is local issue

November 10, 2010
Editorial Indiana Lawyer
It’s a silent and devastating problem going on right under our noses, and it’s going to take courage and a willingness to ask invasive and uncomfortable questions to stop it.
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Editorial: Ted Boehm not headed toward retirement

October 27, 2010
Editorial Indiana Lawyer
This was one retirement ceremony we were not looking forward to attending, fearing that the gentleman stepping away from the bench would slip away from public life and live quietly with his family, indulging his interests outside the law, while working as a mediator at Van Winkle Baten Rimstidt and senior judging for the Indiana Court of Appeals.
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Editorial: New justice brings much to appreciate

September 29, 2010
Editorial Indiana Lawyer
The state still needs to address the elephant in the room.
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Editorial: Maybe there's a reason she doesn't just leave

September 15, 2010
Editorial Indiana Lawyer
Why doesn’t she just leave?
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Editorial: Preservation of judicial impartiality a win

September 1, 2010
Editorial Indiana Lawyer
Here at the newspaper, we don’t like to see anything put the brakes on the sharing of opinions.
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Editorial: Nature of work requires adequate safety plan

August 18, 2010
IL Staff
A few days after then-U.S. District Court Judge David Hamilton ruled in late 2005 in Anthony Hinrichs, et al. v. Brian Bosma, et al., that sectarian prayer could not be used to open legislative sessions, we received a phone call from someone who wanted the judge’s e-mail address and contact information. We declined to give that information.
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Editorial: Remove obstacles that discourage voters

August 4, 2010
Editorial Indiana Lawyer
Casting a ballot in an election ought to be a simple thing for a citizen to do. But there are those who would make it as difficult as possible for some to exercise their franchise.
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Editorial: Concerns about budget cuts warranted

July 21, 2010
Editorial Indiana Lawyer
We believe the state of Indiana has hit bone with a budget cut instituted earlier this month.
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Editorial: Next choice for Indiana Supreme Court must be a woman

July 7, 2010
Editorial Indiana Lawyer
The future is now for the high court.
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Editorial: New judges add more than needed diversity

June 23, 2010
Rebecca Collier
Those of us on staff here at the newspaper that grew up in Indiana and were of a certain age to pay attention to the news can likely recall when Judge Sarah Evans Barker was confirmed to the U.S. District Court for the Southern District of Indiana.
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Editorial: Don't keep quiet, join a healthy debate

June 9, 2010
Editorial Indiana Lawyer
We know you have opinions – thoughtful, reasonable ones that would make for great discourse in the newspaper. But getting you to share them is more difficult than we would like.
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Indiana Judges Association: Choose between the good and the goodRestricted Content

June 9, 2010
David Dreyer
Judge David J. Dreyer urges the governor to appoint a Notre Dame Law School alum.
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DTCI: The broad scope of MDA preemption

June 9, 2010
John Twohy
In a series of decisions culminating in Riegel v. Medtronic, Inc.,  federal courts came to recognize that the Medial Device Amendments preempted not only traditional products liability claims such as those based on an alleged defect or implied warranty but also causes of action premised on theories such as consumer fraud.
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Editorial: Hunt for victims' rights

May 26, 2010
Editorial Indiana Lawyer

Here at the newspaper, we’re big fans of the First Amendment to the United States Constitution. But we understand the need for and exuberance some individuals feel for the Second Amendment: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

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Editorial: Political pomposity a disservice to public

April 28, 2010
Editorial Indiana Lawyer
Dawn Johnsen deserved the nomination, and definitely was the right woman for the job, but unfortunately partisan vitriol appears to be worth more in Washington, D.C., than doing the right thing.
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  1. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. 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

  3. 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!

  4. 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.

  5. 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.

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