Latest News

On watch for scams

February 29, 2012
Michael Hoskins
Attorneys see a rise in the amount of fraudulent notices clients receive.
More

Indiana justice finalists named

February 29, 2012
Michael Hoskins
Gov. Mitch Daniels will select next justice from a pool of two men, one woman.
More

Disclosing environmental violations

February 29, 2012
Case involving a pork producer was first test of law enacted in 2009.
More

Attorneys discuss ethics of energy law practiceRestricted Content

February 29, 2012
Michael Hoskins
Ethical issues faced by attorneys practicing energy law are often the result of the small number of lawyers currently in that field of law.
More

Bankruptcy discharge pushed for school debt

February 29, 2012
Jenny Montgomery
Delinquent borrowers may be relieved to learn that student loan default – unlike espionage and treason – is not punishable by death. But defaulting on a student loan can have disastrous effects on a borrower’s personal credit and lead to a lifetime of financial difficulties.
More

Poor economy, other factors leading to new economic crisis

February 29, 2012
Jenny Montgomery
Rising tuition, combined with a long recession where many people have had difficulty finding work, means more students are relying on student loans. In 2011, overall student borrowing surpassed $1 trillion for the first time.
More

Weddings promote heart health

February 29, 2012
IL Staff
For the sixth consecutive year, the Marion County clerk’s office was transformed into a wedding chapel on Valentine’s Day, and Clerk Beth White performed civil marriage ceremonies to raise money for the American Heart Association’s “Go Red for Women” campaign.
More

Students, attorneys learn about historic Dred Scott case

February 28, 2012
IL Staff
A U.S. Supreme Court decision from 155 years ago that helped ignite the Civil War came to life again Tuesday in the Indiana Supreme Court and a nearby university as part of a Black History Month observation to teach students and attorneys about the importance of the Dred Scott decision on constitutional rights.
More

ALA to present workplace wellness seminar

February 28, 2012
IL Staff
The Association of Legal Administrators, Indiana Chapter, will hold a seminar March 14 about how to successfully implement workplace wellness plans.
More

Divided court affirms liability in 'courtesy wave' case

February 28, 2012
Jenny Montgomery
In a case of first impression, the Indiana Court of Appeals has affirmed a trial court’s grant of summary judgment in favor of a motorcyclist injured in a crash. One judge disagreed with the majority decision, stating the opinion is contrary to sound public policy.
More

COA finds double jeopardy in DeLaney attacker's case

February 27, 2012
Michael Hoskins
The Indiana Court of Appeals has ruled that two convictions of a former attorney who attacked a lawyer-legislator violated Indiana’s double jeopardy clause and that one of the charges should be reduced in order to remedy the violation.
More

Court properly preserved home habitability claim

February 27, 2012
Michael Hoskins
The Indiana Court of Appeals has found that a Clark County case can continue involving claims against a home construction company. The former homeowners allege that the company defectively built their home and that mold and water damage occurred, leading to loss of habitability.
More

Women's Bench Bar Retreat to host COA

February 27, 2012
IL Staff
The Court of Appeals of Indiana will hear oral argument in In RE: The Paternity of K.S. at noon March 2, at Culver Cove Resort & Conference Center.
More

Chief justice extends retirement date to March 23

February 24, 2012
IL Staff
As chair of the Indiana Judicial Nominating Commission, Chief Justice Randall Shepard oversaw on Thursday the narrowing of the list of candidates vying to replace him on the Supreme Court.
More

Court rules on post-merger bank foreclosure rights

February 24, 2012
Michael Hoskins
The Indiana Court of Appeals ruled that a federal statute provides the authority for a bank that survives after a merger to enforce the promissory note and mortgage established by a predecessor bank.
More

Environmental law research team receives $5,000 grant to study water governance

February 24, 2012
IL Staff
A grant from the International Council for Canadian Studies will assist Indiana University Robert H. McKinney School of Law professor Eric Dannenmaier and a student research team in their work on transboundary water resource governance.
More

IU Maurer professors to discuss affirmative action case

February 24, 2012
IL Staff
A panel of Indiana University constitutional law experts will discuss the implications of the United States Supreme Court's recent decision to hear Fisher v. Texas, a case challenging the University of Texas' affirmative action program.
More

Commission names 3 justice finalists

February 23, 2012
Michael Hoskins
The Indiana Judicial Nominating Commission has selected Indiana Court of Appeals Judge Cale J. Bradford, Indianapolis attorney Mark S. Massa, and Jane A. Seigel of the Indiana Judicial Center as finalists for an upcoming Indiana Supreme Court vacancy.
More

Union sues over right-to-work law

February 23, 2012
Jennifer Nelson
A northern Indiana labor organization has filed a lawsuit against Gov. Mitch Daniels and other state actors over the recent enactment of legislation that made Indiana a “right-to-work” state.
More

Judges affirm denial of post-conviction relief

February 23, 2012
Jennifer Nelson
The Indiana Court of Appeals declined to find an attorney provided ineffective assistance of trial counsel to a man on trial for the second time because that attorney didn’t defend the case in the same manner as did the attorney on the first trial.
More

Judges uphold drunk-driving conviction

February 23, 2012
Jennifer Nelson
The Indiana Court of Appeals declined to find that a Marion Superior court abused its discretion when it admitted the results of a chemical breath test.
More

No fundamental error in jury seeing previously dismissed counts

February 23, 2012
Jennifer Nelson
The Indiana Court of Appeals relied in part on two decades-old cases from the state Supreme Court to find that exposing the jury to dismissed charges did not deprive a defendant of a fundamentally fair trial.
More

IU Maurer to host Minority Law Day

February 23, 2012
IL Staff
The Indiana University Maurer School of Law will host its annual Minority Law Day from 9 a.m. to 2 p.m. Saturday at the law school, 211 S. Indiana Ave.
More

Arizona chief justice to speak at law school

February 22, 2012
IL Staff
Arizona Supreme Court Chief Justice Rebecca White Berch will visit Indiana University Robert H. McKinney School of Law March 6 as part of the school’s Indiana Supreme Court Lecture program.
More

Justices address Batson challenges in 2 appeals

February 22, 2012
Jennifer Nelson
The Indiana Supreme Court ruled on two cases Wednesday that stemmed from Batson challenges, and in doing so, articulated the standard of review of such challenges when a defendant raises a Batson challenge at the trial level, but then brings up a different argument on appeal.
More
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  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

ADVERTISEMENT