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Dean's Desk: Third year offers students opportunity to define, hone skills

October 9, 2013
Hannah Buxbaum
Our profession is in the midst of an important conversation about legal education – one that encompasses the costs of that education, the employment opportunities for entry-level lawyers, and the curriculum that law schools offer.
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Technology Untangled: Versatile conference calling available with Spiderphone

October 9, 2013
Stephen Bour
Spiderphone sounds like the hotline for that imaginary masked superhero. It is, instead, a useful and inexpensive Web-assisted telephone conferencing system that makes it easy to set up and conduct multiple-caller speakerphone meetings.
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Living Fit: Stress management involves learning to control reactions

October 9, 2013
As a young lawyer, I had a recurring dream in which I had moved to a remote mountain cabin, deep in a wooded forest, with majestic mountains in my backyard and a waterfall that fed into a crystal clear lake in my front yard. I awoke each day to the sunrise, fresh mountain air and the energy of the calm environment. There were no phones, computers, demanding clients, irritated family members, traffic or boring social commitments. No stress. I felt relaxed, at peace and calm, thinking about this wonderful life.
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Social media and Section 7 rights: employers under fire

October 9, 2013
Bose McKinney & Evans attorneys David Swider and Philip Zimmerly write about rights of employers in the age of social media.
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Editor's perspective: Police do it right in honoring officer killed in the line of duty

October 9, 2013
Kelly Lucas
On Sept. 26, I had a birds-eye view of the funeral procession honoring fallen Indianapolis Metropolitan Police Department Officer Rod Bradway. From IBJ Media’s second-story windows at the corner of Washington Street and Pennsylvania Avenue, my co-workers and I watched throughout the day as officers from jurisdictions throughout the state and Midwest arrived to show their support.
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Hammerle on: “Instructions Not Included,” “Inequality for All”

October 9, 2013
Robert Hammerle
Read attorney Bob Hammerle's latest movie reviews.
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‘Notre Dame 88’ lawyer cleared in discipline case

October 8, 2013
Dave Stafford
An attorney who argued that a judge’s bias warranted her recusal from a case involving pro-life students arrested for protesting the announcement of President Barack Obama’s appearance at the University of Notre Dame was cleared of disciplinary charges Tuesday.
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Trial court's suppression order binding to ethics commission

October 8, 2013
Marilyn Odendahl
After turning to the Indiana State Ethics Commission when a trial court ordered the evidence in a theft case suppressed, the state was reminded it “does not get a second bite at the apple.”   
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Walking down sidewalk while drunk does not meet new conditions for public intox, COA rules

October 8, 2013
Marilyn Odendahl
Four criteria added to the state’s public intoxication statute in 2012 presented the Indiana Court of Appeals with a question of first impression when it considered a man’s arrest for being drunk in a public place.
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Legal aid group, IndyBar, church to join for refugee Green Card effort

October 8, 2013
IL Staff
About 70 refugees from at least seven nations are expected to receive free legal help this weekend thanks to efforts of the Neighborhood Christian Legal Clinic, the Indianapolis Bar Association, Grace Community Church and other volunteers.
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COA reverses involuntary termination order for a second time

October 8, 2013
Marilyn Odendahl
The Indiana Court of Appeals sharply rebuked a trial court as having “committed clear error” by relying on old evidence and testimony in terminating a Vanderburgh County couple’s parental rights.
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Justices take appeal over who pays DCS record fee

October 7, 2013
Dave Stafford
A litigant whose award of $1,200 against the Department of Child Services for the cost of preparing an agency record was reversed by the Court of Appeals will have his case heard by the Indiana Supreme Court.
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Firm must defend deceased lawyer’s ‘inflammatory’ counterclaim

October 7, 2013
Dave Stafford
Litigation that has outlived an attorney who filed a counterclaim accusing a northwest Indiana construction company of racketeering, among other things, still could cost the late lawyer’s former firm.
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Suspect’s disheveled appearance, not GPS, led to drug discovery

October 7, 2013
Marilyn Odendahl
A suspect’s attempt to pull up his unbuckled and falling pants as he stepped from his car negated any taint on the evidence caused by local law enforcement placing a GPS on his vehicle.
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Appeals court tosses injunction tied to non-compete clause

October 7, 2013
Dave Stafford
Terms of a non-compete clause in an agreement between an IT recruiter and his former employer are unreasonable, the Indiana Court of Appeals ruled Monday in throwing out an injunction that barred the recruiter from similar employment.
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Dickson to urge service as Pro Bono Month kicks off

October 4, 2013
IL Staff
Indiana Chief Justice Brent Dickson will address the importance of charitable legal work as judges and lawyers around the state plan events coinciding with October’s Pro Bono Month.
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Cappas appointed Lake Superior judge

October 4, 2013
IL Staff
Longtime Highland criminal defense attorney Sam Cappas has been appointed judge in the Lake Superior Criminal Division.
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Holiday World widow does not have to sell shares, COA rules

October 3, 2013
Marilyn Odendahl

The widow and children of the late William Koch Jr., can keep their shares in the southern Indiana theme park, Holiday World and Splashin' Safari, after a ruling by the Indiana Court of Appeals concluded that William’s brother, Dan Koch, and Koch Development Corp. offered too little money for the shares.

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Appeals court partially reinstates colonoscopy malpractice claim

October 3, 2013
Dave Stafford
A northern Indiana court inappropriately granted summary judgment in favor of a doctor and medical practice defending a suit brought by a patient who claimed negligence after a colonoscopy, a divided panel of the Indiana Court of Appeals ruled.
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Habitual offender amendment after jury empaneled ruled error

October 3, 2013
Dave Stafford
A habitual offender enhancement for a man convicted of robbery cannot stand because the state amended the underlying charges after a jury was empaneled, the Indiana Court of Appeals ruled.
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Clarifications of statute still keep burden of proof on county assessor

October 3, 2013
Marilyn Odendahl
A county assessor’s attempt to shift the burden of proof onto a landowner in a dispute over a property assessment that increased more than 5 percent failed to convince the Indiana Tax Court.
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‘Living as if a spouse’ permits woman’s domestic battery conviction

October 3, 2013
Dave Stafford
A married woman convicted of domestic battery against a man with whom she was involved in an on-again, off-again romantic relationship couldn’t persuade an appeals court that it was a stretch to apply the criminal statute in her situation.
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Ex-college football players sue NCAA, helmet makers on concussion claims

October 3, 2013
IL Staff
Two former University of Washington football players are seeking class-action certification for brain-injury claims against the NCAA and helmet makers, including Riddell Inc.and All-Sports Corp.
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Annual survey finds fewer law school admissions and applications

October 2, 2013
Marilyn Odendahl
A majority of law schools across the United States are cutting their admissions for the second year in a row and a significant portion expect to continue the reduction in class size next year, according to the 2013 Kaplan Test Prep law school survey released Oct. 1.
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Legislature’s criminal law and courts committees continue interim studies

October 2, 2013
IL Staff
Indiana legislative study committees examining the criminal code and courts will hold separate hearings on Oct. 8 at the Indiana Statehouse.
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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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