Opinion

Nelson: Politics put U.S. Supreme Court precedent in peril

March 9, 2016
Jennifer Nelson
If you voted for President Barack Obama in 2012, sorry, but your vote no longer counts. That’s effectively what the Republican members of the U.S. Senate Committee on the Judiciary said in a Feb. 23 letter to Senate Majority Leader Mitch McConnell.
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In-Box: Cellphone encryption

March 9, 2016
Prosecutor Todd Meyer writes why companies like Apple and Google should work with government agencies on criminal cases.
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Protecting Your Practice: Organizing as a limited liability entity under Indiana A&D Rule 27

March 9, 2016
Practicing law with partners can bring tremendous benefit to you and your practice. Partners can provide intellectual collaboration, moral support, camaraderie, and help with business development. However, partnership carries risks as well as benefits.
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Hammerle on ... 'Deadpool,' 'Race'

March 9, 2016
Robert Hammerle
Bob Hammerle says "Deadpool" is creative, pungent and unique.
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Gardner: Judicial deference and the Clean Power Plan

March 9, 2016
Justice Scalia’s long and momentous career on the U.S. Supreme Court gave us innumerable important decisions (and scathing dissents) that have shaped the intersection of administrative and environmental law.
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Start Page: Why you should consider Microsoft Office 365

February 24, 2016
Seth Wilson
Migrating to Office 365 is a decision that should be made with careful planning and consideration of the risks and benefits of a cloud-based system. That said, the trend toward using other people’s computers to lower your own operating costs will only continue in the future.
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DTCI: Rights of refusal and ‘cooling-off periods’

February 24, 2016
Jason Massaro
I find myself often representing companies that are subject to all sorts of tangential laws that they must know about and adhere to. Many times these laws require certain notice requirements to the clients with whom my clients do business.
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DeKoninck: A call to serve the hopeless in our communities

February 24, 2016
Through daily concerns over billable hours and client meetings, networking events and continuing education, it is easy for those in the legal field to forget our responsibility to serve those in need in the communities where we live and work.
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In-Box: The Constitution, court vacancies

February 24, 2016
Letters to the editor reflect on the Constitution and supreme court vacancies.
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Hammerle on ... Hammerle’s Oscar picks for 2016

February 24, 2016
Robert Hammerle
Once again, the Oscars are upon us, and this year the awards are filled with controversy. Diversity is the buzzword, and it is something that Hollywood needs to acknowledge and meaningfully consider.
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Neutral Corner: Reaction to SCOTUS’ recent arbitration decision

February 10, 2016
John Van Winkle
Comments following the DirecTVdecision have been consistent: Unless Congress acts or the makeup of the court fundamentally changes, mandatory arbitration of consumer disputes and the corresponding limitations of some remedies (such as class actions) is here to stay.
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Cohen/Mattingly: Learn your ESI rules: It's an ethical imperative (chomp)

February 10, 2016
It’s been nearly 10 years since the Supreme Court of the United States approved amendments to the Federal Rules of Civil Procedure to add language addressing electronically stored information, or ESI. Recent FRCP amendments, effective December 2015, clarify ESI obligations. The rules re-introduce traditional concepts of flexibility and proportionality to ESI obligations.
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In-Box: Commercial courts

February 10, 2016
Colin Flora writes in response to the recent announcement of the creation of commercial courts in Indiana.
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BGBC: Who’s responsible for the IOLTA account? You are!

February 10, 2016
One of the most significant and important fiduciary duties that lawyers must perform is to safeguard all client and third-party property held in trust.
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Indiana Judges Association: How are we going to replace Justice Brent Dickson?

February 10, 2016
David Dreyer
There is now a great opportunity to pick our next Supreme Court justice. But our problem is that we have to replace the irreplaceable Justice Brent Dickson.
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Hammerle on ... 'The Hateful Eight,' 'The Revenant'

February 10, 2016
Robert Hammerle
Bob Hammerle says Quentin Tarantino can bring to the screen a pictorial display of viciousness that leaves you gasping with a feeling of disgusted wonder.
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Making Rain: Be more like a political candidate in 2016

January 27, 2016
Dona Stohler
There are striking comparisons between how a candidate works to get elected and how a law firm or lawyer can develop new business. So, if you get overly sensitized by all the campaigning, refocus your attention on the process and you might find a few good ideas to try for yourself.
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Federal Bar Update: Early returns on amended Rules of Civil Procedure

January 27, 2016
John Maley
Significant changes to the Federal Rules of Civil Procedure took effect to civil cases filed on or after Dec. 1, or to cases already pending to the extent just and practicable. In the first two months of these new rules, it is apparent they are having an immediate impact on federal litigation.
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DTCI: ‘Making a Murderer’ influences perception of judiciary

January 27, 2016
Producers of “Making a Murderer” and other true-crime stories have the ability to influence the public’s perception of an individual’s guilt or innocence, as well as the actions of the attorneys involved, well after a verdict is reached and regardless of the evidence presented in the courtroom.
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Inside the Criminal Case: Immunity and Bill Cosby’s motion to dismiss

January 27, 2016
James Bell, K. Michael Gaerte
On Dec. 30, 2015, comedian Bill Cosby was charged with sexual assault in Pennsylvania. These charges stemmed in part from various admissions Mr. Cosby made in a deposition in a civil suit. After learning this news, several thousand criminal defense lawyers scratched their balding heads as they Monday morning quarterbacked the decision to submit Cosby to a deposition.
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Hammerle on …'The Big Short,' 'Carol'

January 27, 2016
Robert Hammerle
Bob Hammerle says "The Big Short" is a reminder of the sometimes amoral nature of our free-enterprise system.
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Hammerle On... 'Star Wars: The Force Awakens,' 'Concussion'

January 13, 2016
Robert Hammerle
Bob Hammerle says "Star Wars: The Force Awakens" is spectacular entertainment from beginning to end.
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Young: Federal re-entry programs continue to benefit community

January 13, 2016
One of the longest-standing initiatives in the Southern District is the voluntary Re-entry and Community Help program. Dating back to 2007, REACH gives high-risk clients an opportunity to participate in monthly informal hearings with a team composed of a federal judge, federal public defender, assistant U.S. attorney, and U.S. probation officer.
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Living Fit: How SMART are your goals for better health?

January 13, 2016
Sharon McGoff
January is the month of resolutions and profound change, as we attempt to cut the cord from the apron strings of the Sugar Plum Fairy and pull ourselves out of the pit of gingerbread man hell.
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Ringlespaugh: Custody issues for parents of special-needs children

January 13, 2016
When deciding child custody in a situation involving a child with special needs, it is important for the courts, parents and attorneys to consider how these situations differ from families that do not have children with disabilities.
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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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