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Indiana judge dismisses suit targeting new sex offender law

November 12, 2015
 Associated Press
A new Indiana law that bans many sex offenders from venturing onto school property doesn't prevent most from worshipping at churches that house schools on their grounds, attorneys in a recently dismissed lawsuit say.
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New business group will promote Indiana LGBT protections

November 12, 2015
 Associated Press
Another business group has formed to lobby for extending Indiana's civil rights protections to members of the LGBT communities.
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Judge denies ex-officer's bid for review of convictions

November 12, 2015
 Associated Press
A judge has denied a former Evansville police officer's bid for a federal review of his murder and arson convictions.
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West Lafayette school officials considering drone ban

November 12, 2015
 Associated Press
School officials in West Lafayette are considering a ban on the use of drones during school hours and school-related activities.
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Supreme Court justice applications due in late January

November 12, 2015
IL Staff
Those interested in becoming the 109th Indiana Supreme Court justice tentatively have until Jan. 25 to apply. Applications for the vacancy to be created by Justice Brent Dickson’s retirement are now available online.
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The problem with New York’s move against fantasy sports

November 11, 2015
 Bloomberg News
While the legality of daily fantasy sports turns on the skill-versus-chance question, the cases made both by advocates and critics have a fundamental contradiction.
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Murder exonoree to speak at IU McKinney

November 11, 2015
IL Staff
An Ohio man sentenced to death for the 1975 murder of a money-order salesman in Cleveland and later declared innocent in 2015 will speak at Indiana University Robert H. McKinney School of Law Friday.
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Former officer charged with murder sues over representation

November 11, 2015
 Associated Press
A former South Carolina police officer charged with murder in the death of an unarmed black motorist is suing a police association, saying the group failed to provide the legal representation he paid for under an insurance plan.
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Hackers accessed global banking with phony pet stores, lies

November 11, 2015
 Bloomberg News
Criminals hoodwinked banks, credit-card networks and a payment-security firm while moving hundreds of millions of dollars, according to the U.S. government. It won’t be easy to stop it from happening again.
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Firm files class action over lower corn prices

November 11, 2015
Jennifer Nelson
An Indiana law firm has filed a class-action lawsuit against one of the world’s largest seed and agrochemical companies in an effort to allow more time for individual farmers to sue the company after corn prices plummeted last year.
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Prosecutors indict 36 in alleged insurance fraud scheme

November 11, 2015
 Associated Press
Federal prosecutors have indicted 36 people in an insurance fraud scheme alleging that they staged car crashes and filed false insurance claims.
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Evansville Bar Association to honor veterans

November 11, 2015
IL Staff
The Evansville Bar Association is hosting is 5th annual Veterans Day Celebration Wednesday to honor and celebrate its members who have served in the military.
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Teacher, diocese file motions to dismiss discrimination suit

November 11, 2015
 Associated Press
Both the Roman Catholic Diocese of Fort Wayne-South Bend and a former teacher who was fired after undergoing in vitro fertilization treatments have filed motions to dismiss a lawsuit.
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4 vie for Judicial Nominating Commission position

November 11, 2015
Dave Stafford
Lawyers mostly in southern Indiana are selecting one of their peers to have a say in who will be the next justice appointed to the Indiana Supreme Court.
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Man loses appeal to revoke spousal maintenance

November 10, 2015
Jennifer Nelson
An ex-husband who sought “all-or-nothing” relief when he asked the court to terminate his ex-wife’s incapacity support instead of reducing it after she remarried lost his appeal before the Indiana Supreme Court.
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Congress OKs bill banning Guantanamo detainees from US

November 10, 2015
 Associated Press
Congress sent President Barack Obama a $607 billion defense policy bill Tuesday that bans moving Guantanamo Bay detainees to the United States — something Obama has been trying to do since he was sworn in as president.
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Justices: Jury should hear defense of necessity instruction

November 10, 2015
Jennifer Nelson
The Indiana Supreme Court ordered a new trial for a man convicted of a misdemeanor gun charge after finding he presented sufficient evidence to have the jury instructed on his defense of necessity.
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New York conviction doesn’t support Indiana charges

November 10, 2015
Jennifer Nelson
A man’s 2014 conviction of operating a vehicle while impaired in New York cannot serve as the basis to bring enhanced drunken-driving charges against him because the New York statute is not substantially similar to the elements of a crime described in Indiana Code, the Indiana Court of Appeals held Tuesday.
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Court: Girl should be with mother, not great aunt

November 10, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the award of custody of a young girl to her great aunt, finding the woman did not overcome the presumption in favor of placement with the girl’s biological mother.
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Appeals court delivers setback to Obama's immigration plan

November 10, 2015
 Associated Press
A federal appeals court has ruled against President Barack Obama's plan to protect an estimated 5 million people living in the United States illegally from deportation.
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Ernst & Young faulted for relying on Madoff’s word, audits

November 10, 2015
 Bloomberg News
Ernst & Young LLP erred by taking Bernie Madoff at his word when it signed off on audits of a fund that helped feed the biggest Ponzi scheme in U.S. history. The firm then stumbled by trusting the con man’s now-disgraced ex- accountant, a jury in the first trial of its kind was told.
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Chief legal officers: cost pressures biggest issue

November 10, 2015
Jennifer Nelson
Chief legal officers say internal and external cost pressures were their biggest concern in managing their law departments this year, according to survey results released Tuesday by Altman Weil.
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Escort lawsuit: 5 women join suit against Katina Powell

November 10, 2015
 Associated Press
Five women have joined a lawsuit filed against escort Katina Powell and say she falsely alleges in her book that they participated in prostitution at the University of Louisville.
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Supreme Court upholds former Colt's 'jock tax' victory

November 9, 2015
 Associated Press
The U.S. Supreme Court has rejected an appeal from the city of Cleveland over its formula for taxing visiting professional athletes for their work in the city.
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IU McKinney to discount tuition for some out-of-state residents

November 9, 2015
IL Staff
Indiana University Robert H. McKinney School of Law just got a little more affordable for residents of eight states.
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  1. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  2. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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  5. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

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