Opinion

DTCI: Would you choose to be a lawyer if you had a do-over?

July 2, 2014
Renee Mortimer
“If you could do it all over again, would you still be a lawyer?” Anyone reading this has probably been asked the question. I myself cannot think of anything else that I would do, and of course, my answer is “Yes!”
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Federal Bar Update: Rule 30(b)(6) depositions

July 2, 2014
John Maley
One of the most useful tools in discovery is the Rule 30(b)(6) deposition, allowing a party to depose an entity, which must then produce one or more witnesses to testify to enumerated topics.
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Inside the Criminal Case: Passive vs. forcible resistance

July 2, 2014
James Bell, K. Michael Gaerte
The Court of Appeals recently brought us the story of a woman, her dog and her not-so Gandhi-like attempt at passive resistance when her dogs were investigated for biting. The question before the Court of Appeals was whether this passive resistance was criminal.
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Hammerle On … '22 Jump Street,' 'The Grand Seduction'

July 2, 2014
Robert Hammerle
Bob Hammerle says if movie heroes are more irritable than loveable, no film can succeed. In "The Grand Seduction," they were dedicated to a fraud that you sadly grew to resent.
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BGBC: 10 crushing questions to ask a business valuation expert

July 2, 2014
As part of your cross-examination, you wish to attack the expert’s work. You’re supposed to ask about the methodology, assumptions, procedures and how the opinion of value was determined. These are standard questions asked in cross-examination that we expect to hear. What about those questions that are not standard, but just as effective if not more?
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A View From Gitmo: Proceedings lack transparency available in US courts

June 18, 2014
Indiana Court of Appeals Judge Patricia Riley writes in the first of a three-part series about what she observed while at Guantanamo Bay, Cuba, for hearings regarding the accused bomber of the USS Cole.
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Torres: How to handle prayer before government meetings

June 18, 2014
How do governments work to ensure that their practices are such that they are wholly within the First Amendment’s Establishment Clause?
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Start Page: ‘Excel-erate’ your practice by learning Microsoft Excel

June 18, 2014
Seth Wilson
This article (and maybe some YouTube searching) will give you a starting point to help turn your dreams of organized and easy-to-understand data into reality using Microsoft Excel.
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Hammerle On…'The Fault in our Stars,' 'Chef'

June 18, 2014
Robert Hammerle
Bob Hammerle suggests you see "Chef" before eating at a restaurant because you will warmly embrace every moment of that evening.
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Hammerle On … 'Belle,' 'Locke'

June 4, 2014
Robert Hammerle
Bob Hammerle says buy a ticket for "Locke" and be prepared for a mesmerizing trip.
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Dean's Desk: IU McKinney dean reflects on first year on the job

June 4, 2014
Andrew Klein
It’s been nearly a year since I became dean of the Indiana University Robert H. McKinney School of Law, and it would be impossible to fully describe the experience in this short column
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Technology Untangled: Make sure Windows 8.1 computer can play DVD movies

June 4, 2014
Stephen Bour
Microsoft does not include DVD player software as a standard feature of Windows 8.1! Today’s article serves as both a caution and as an explanation about this DVD player issue.
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Bell/Gaerte: 3 things to know about ethical responsibility for others’ conduct

June 4, 2014
James Bell, K. Michael Gaerte
The recent disciplinary case, Matter of Anonymous, is not the only time someone in Indiana has been disciplined for the conduct of another.
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DTCI: Young attorneys should rely on their own devices at work

June 4, 2014
Kevin Tyra

To the extent practicable, young attorneys should rely on their own devices to determine what needs to be done, and how to do it, rather than expect the more senior attorney to spell it out for them.

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Start Page: 3 changes to make next time you open Microsoft Word

May 21, 2014
Seth Wilson
Microsoft Word is an essential tool in any lawyer’s toolbox. But, many of us don’t get the most out of this word processor. This article offers three things to change the next time you open Word to make it work better for you.
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Hammerle on ... 'Le Week-End,' 'The Lunchbox'

May 21, 2014
Robert Hammerle
Bob Hammerle says "The Lunchbox" is a tiny movie that reminds everyone that love is often found as a result of happy accidents.
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Cochran/West: How to advise employees about government investigators

May 21, 2014
In-house attorneys advise employees on many topics, but do the employees of your company know what to do during a government investigation?
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Tough Talks: Having difficult conversations about delicate situations

May 21, 2014
People – regardless of the industry – avoid having tough conversations.  They haven’t had “the talk” because there just hasn’t been the right time, or the issue hasn’t affected his or her work. But it may be best to rock the boat today, because tomorrow or next week or next month, it’s going to rock the entire company.
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Sidebars: Café's limited menu features fresh, high-quality food

May 21, 2014
Jennifer Lukemeyer, Fred Vaiana
Fred Vaiana gives Blue Moon Café 3.25 gavels!
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Hammerle On … 'The Railway Man,' 'Under the Skin'

May 7, 2014
Robert Hammerle
Bob Hammerle says "Under the Skin" gives all aliens a bad name.
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Inside the Criminal Case: SCOTUS rules anonymous 911 call reliable

May 7, 2014
James Bell, K. Michael Gaerte
The Supreme Court of the United States recently held that an anonymous call to 911 was sufficient to initiate a traffic stop in certain specific circumstances. Navarette v. California, 2014 U.S. Lexis 2930 (2014). The decision set off a minor shockwave in the media with reports that the 5-4 opinion eroded Fourth Amendment protection.
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Noyes: A short phone call can change the dynamic of a case

May 7, 2014
Jon Noyes encourages attorneys to network in order to gain insight and litigation strategies.
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Foos: Microsoft Surface Pro for the mobile attorney

May 7, 2014
Robert Foos Jr. writes about how the Microsoft Surface Pro caught his eye as an alternative to the Apple iPad.
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Badger: Supreme Court will hear death records dispute

May 7, 2014
Steven Badger
The Indiana Supreme Court will hear oral argument May 8 in a dispute over public access to county death records. The case, Evansville Courier & Press v. Vanderburgh County Health Department, raises the issue of whether a county health department’s death certificates, including the cause of death, are public records under the Indiana Access to Public Records Act.
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Federal Bar Update: Free CLE, hyperlinks and award nominations

May 7, 2014
John Maley
As noted previously, a new pilot program was underway in the Southern District of Indiana for including hyperlinks in briefs.
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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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