Opinion

Larimore and Riddle: FDA loses a First Amendment challenge

July 13, 2016
Mary Nold Larimore and Nancy Menard Riddle recap exciting developments in drug and device law.
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BGBC: Avoiding potential pitfalls of payroll service providers

July 13, 2016
If you’re an attorney who provides advice to small businesses, it’s not uncommon for a new (or existing) business owner to ask your advice on which payroll service provider to use.
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Inside the Criminal Case: The exclusionary rule is on a losing streak

July 13, 2016
James Bell, K. Michael Gaerte
The latest defeat for the exclusionary rule came in the case of Utah v. Strieff.
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Living Fit: Sharon’s top 5 for getting and staying in shape

July 13, 2016
Sharon McGoff
People from all walks of life transform their health and bodies with one common denominator — they are consistent with the positive changes they make.
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Hammerle on... 'Free State of Jones,' 'The Legend of Tarzan'

July 13, 2016
Robert Hammerle
Bob Hammerle says don't be misled about "The Legend of Tarzan" by critics with a bad attitude.
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Adams: Setting standards for 'silver tsunami' preparedness

June 29, 2016
A popular topic in the media lately is the “silver tsunami” — the huge wave of baby boomers who will leave the workforce in the coming years and become eligible for the senior discount. The legal system needs to prepare today for the influx of issues that will wash ashore.
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Editorial: Modest proposal to state, IBM lawyers: Settle for nothing

June 29, 2016
IL Staff
Six years have passed since Indiana sued IBM over the failed $1 billion contract for the computer giant to modernize a punch-card-era system for determining welfare eligibility. After the contract was famously canceled, IBM blamed the state, the state blamed IBM, and they’ve been fighting in court since.
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Hammond: Loss of love and companionship: Tough love for minors

June 29, 2016
The situation: a single mother is killed in a crash leaving behind a young daughter. The defense attorney refuses to consider paying any damages to the young daughter beyond her 18th birthday, including for the loss of love, care and affection of her deceased mother. Can that be right?
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Cotterill: Commercial courts will enhance economic development

June 29, 2016
Indiana’s judiciary has been added to the long list of what makes Indiana so favorable a place to do business.
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Start Page: Clear your Outlook inbox, clear your mind

June 29, 2016
Seth Wilson
Unfortunately, leaving emails unprocessed in your inbox waiting for you drains your energy, causes you to procrastinate, and takes up mental capacity. Thankfully, there’s a better way to deal with email. It’s called getting to “Inbox Zero.”
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Hammerle on…'Finding Dory,' 'Weiner'

June 29, 2016
Robert Hammerle
Abandoned by my two grandchildren and Saudi foreign exchange student, I was forced to bite the bullet and go alone to see “Finding Dory.”
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Jerrells: Thoughts on the Ad Hoc Tax Court Task Force report

June 15, 2016
Though naysayers may decry the costs of adding a magistrate, two additional judges, or both, it would be a small cost to avoid justice delayed and, therefore, justice denied.
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Quick: Showcase your face in internet videos to attract new clients

June 15, 2016
More law firms are spending more of their marketing dollars on web-based online videos instead of traditional television advertising. Done right, this strategy can actually save you a ton of money and be more effective as you can really target your customers wherever they are.
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DTCI: Experience New England in the fall with defense colleagues

June 15, 2016
Renee Mortimer
My dear defense lawyer colleagues, it is time to plan to attend the Defense Research Institute 2016 Annual Meeting!
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Technology Untangled: Some thoughts on email security and encryption

June 15, 2016
Stephen Bour
Email security is about more than just keeping attachments secure until they reach the intended destination. There is also the concern about who may be looking at the body of your transmissions along the way.
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Hammerle on…'Me Before You,' 'Love & Friendship'

June 15, 2016
Robert Hammerle
Bob Hammerle says "Love & Friendship" defines why people like him love movies.
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Glenn: Estate planning for Florida snowbirds

June 1, 2016
Indiana attorneys are well-advised to have Florida counsel engaged in the planning of any strategies involving their snowbird clients’ Florida interests, and certainly in the preparation of any Florida estate planning documents.
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Munson: Lawyer. Hero. Human. All in a day’s work

June 1, 2016
As a new attorney, I was amazed at the power three little letters, E-S-Q, carried behind my name. Signing my title behind my name was akin to donning a superhero cape.
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Ira: Artificial intelligence raises questions, has great promise

June 1, 2016
New lawyers face a volatile future given the recent surge of technology capable of automating many tasks traditionally performed by lawyers.
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Column: Federal Trade Secrets Act signed into law

June 1, 2016
On May 11, President Barack Obama signed the Defend Trade Secrets Act of 2016 into law, thereby creating, for the first time, a federal system of trade secrets law.
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Federal Bar Update: Southern District’s proposed local rule on court appointments

June 1, 2016
John Maley
As an active participant in drafting and review of the Local Rule, this author has observed first-hand the careful, thoughtful and patient consideration by the court of the clear need for more lawyers to take on more pro bono cases in the court, and the balance of limits on an individual lawyer’s time and resources to take on these cases.
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Plugged In: Untangling those unwanted emails from your inbox

June 1, 2016
Deanna Marquez
One of the most mismanaged items across businesses today is the email inbox.
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Dean's Desk: Students, faculty, alumni changing lives for the better

June 1, 2016
Andrew Klein
A legal education gives people the power to change lives for the better. I am proud to share some examples based on efforts from students, faculty and alumni of the Indiana University Robert H. McKinney School of Law.
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Hammerle On… 'The Nice Guys,' 'Money Monster'

June 1, 2016
Robert Hammerle
Bob Hammerle says "Money Monster" is a very entertaining film.
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Billionaires are allowed to pay for people to sue their enemies

May 26, 2016
Bloomberg Analysis
One of the weirder court cases in recent memory became even stranger this week when news broke that Hulk Hogan’s lawsuit against Gawker was being secretly funded by billionaire Peter Thiel.
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  1. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

  2. Freedom as granted in the Constitution cannot be summarily disallowed without Due Process. Unable to to to the gym, church, bowling alley? What is this 1984 level nonsense? Congrats to Brian for having the courage to say that this was enough! and Congrats to the ACLU on the win!

  3. America's hyper-phobia about convicted sex offenders must end! Politicians must stop pandering to knee-jerk public hysteria. And the public needs to learn the facts. Research by the California Sex Offender Management Board as shown a recidivism rate for convicted sex offenders of less than 1%. Less than 1%! Furthermore, research shows that by year 17 after their conviction, a convicted sex offender is no more likely to commit a new sex offense than any other member of the public. Put away your torches and pitchforks. Get the facts. Stop hysteria.

  4. He was convicted 23 years ago. How old was he then? He probably was a juvenile. People do stupid things, especially before their brain is fully developed. Why are we continuing to punish him in 2016? If he hasn't re-offended by now, it's very, very unlikely he ever will. He paid for his mistake sufficiently. Let him live his life in peace.

  5. This year, Notre Dame actually enrolled an equal amount of male and female students.

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