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In This Issue

thisissue1-121218

DEC. 12-25, 2018

The seizure of a Marion man's $42,000 Land Rover is at issue in a case before the United States Supreme Court that could have nationwide ramifications for civil forfeitures. With passage rates falling and tests around the country changing, the Indiana Bar Exam is facing a test of its own as a study committee explores possible changes. Multiple lawsuits brought in federal court by lawyers and  civic groups are challenging Indiana voting laws and election regulations.

 

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Hoosier civil forfeiture case at SCOTUS tests excessive fines prohibition

Marion resident Tyson Timbs never expected to be the face of civil forfeiture reform at the United States Supreme Court. Several times during his five-year legal battle, Timbs wanted to throw in the towel. Sometimes, all he wanted was to put his past trouble with the law behind him. But he also said he wanted to fight against what he views as widespread unjust civil forfeiture practices.
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Indiana Bar Exam faces its own test

As bar exam passage rates continue to decline and a majority of states move to a Uniform Bar Examination, the Indiana Supreme Court is taking steps to determine if the Hoosier state should follow suit and change its gateway test for admission to the Indiana bar.
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Rent-to-own lawsuits rise in federal, state courts

Katrina Carter and Quentin Lintner are continuing to fight for their piece of the American dream even after the Indiana Court of Appeals closed the door on their attempt to get restitution from the company that put them in an uninhabitable home under a rent-to-own contract. They are not alone in litigation arising from such arrangements.
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Comforting paws for law students

Indiana University Robert H. McKinney School of Law students headed to the library for final exam cramming were met with a pleasant surprise when several furry, four-footed friends greeted them at the door.
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Focus

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Hart: Trade secret protection requires customized measures

Because there is “no one size fits all” analysis to determine whether something qualifies as a trade secret — including whether its owner took reasonable measures to protect it — a lawyer tasked with protecting a client’s trade secrets must be intimately familiar with the client’s protectable interests.
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Brown: Is a taco a sandwich? This IP question isn’t patently absurd

I was reminded recently of a client who came to see me with drawings of a chair he had designed, and he wanted to protect it. As we looked at the design and mulled over the possible ways others might find value in it, it became clear that the chair might fit into multiple IP buckets — or perhaps none at all.
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Opinion

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Neutral Corner: Why did trials ‘vanish,’ and what is the lesson for mediation?

In his article, “The Disappearance of Civil Trial in the United States,” Yale Law School professor John H. Langbein explored the factors leading to civil trials having all but “vanished.” He concluded that the largest single cause of the decline in the number of jury trials was the robust and extensive fact discovery promoted, if not mandated, by the adoption of the Federal Rules of Civil Procedure.
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Start Page: Untangle your many logins with a password manager

Christmas is just around the corner. You finally have a couple of days off to binge watch that Netflix show you’ve been hearing about, only to be asked to enter your password. You fiddle with the remote to type in the password in vain. So much for goodwill toward men. Thankfully, there’s a solution to this challenge: a software-based password manager.
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Special Sections

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Disciplinary Actions

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Bar Associations

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IndyBar: An Insight into the Marion County Public Defender Agency — Get to Know Chief PD Bob Hill

Have you ever wanted to get to know Chief Public Defender Robert Hill, how he got to where he is, and his thoughts on the criminal justice system? I had the opportunity to sit down with Hill to ask him about his background, how he got into practice and his path to becoming Chief Public Defender. As an added bonus, he shared some practice tips along with his thoughts on the criminal justice system.
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