In This Issue of Indiana Lawyer

Aug. 21-Sept. 3, 2019

Law schools are tweaking and innovating their admissions processes as the number of first-year students rebounds. Changes in law enforcement staffing and technology are among the factors accounting for a reduction in wiretaps. And a collaboration between a major law firm and the Indiana Coalition Against Domestic Violence is giving survivors rare pro bono representation at the appellate level.  

Top StoriesBack to Top

Law schools tweaking, innovating admissions process as numbers rise

Ever since the University of Arizona James E. Rogers College of Law began accepting GRE scores in lieu of the LSAT in 2016, the list of law schools that consider applicants who submit only Graduate Record Exam results is growing. So are the other innovative ways law schools in Indiana and elsewhere are measuring the likely success of potential students.

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Manpower, technology changes impact low wiretap use

According to data released by the United States Courts, wiretapping in federal and state courts was down by a combined 23 percent in 2018 compared to 2017. Likewise in Indiana, federal and state courts authorized 75 wiretaps in 2017, but only 46 in 2018, according to the data. Experts say staffing and law enforcement resources, as well as the cyclical ebb and flow of complex surveillance work account for the decline.

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Plaintiffs challenge Mich. redistricting panel’s independence

The release of emails in the gerrymandering lawsuit brought by the League of Women Voters spurred Michigan residents to strip their legislators of redistricting duties and turn the mapmaking over to an independent commission. However, a new federal lawsuit is challenging the new body, asserting the exclusion of certain individuals violates the First and 14th amendments.

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FocusBack to Top

Are noncompetes overly broad?

This year, a group of unions, employment law attorneys and other labor organizations petitioned the Federal Trade Commission to ban noncompete agreements. But while there are some instances where a restrictive covenant can be too restrictive, experts say there are also instances where noncompete clauses are legitimate.

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Fox & Williams Next goal for U.S. Women’s Soccer Team: Scoring equal pay

The U.S. Women’s National Team did not lose a match in route to their fourth World Cup title. When they returned home, the nation celebrated the team’s victory with numerous national TV appearances and a ticker tape parade. However, while the team reveled in victory, one battle stood ahead — not on the field, but in the U.S. District Court for the Central District of California.

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Moorhead: Managing workplaces as marijuana, CBD, vaping tolerance grows

The landscape of the modern workplace is changing. Surrounding states have legalized marijuana. CBD oil has entered the Indiana market. And vaping is growing at an unprecedented rate. As these changes materialize in the workforce, employers are left asking, What what are these substances? Are they legal? And how can employers prepare themselves before these problems appear at their places of business?

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Mosby & Loeffler: Examining impacts of Indiana minimum wage law changes

On April 3, Indiana Gov. Eric Holcomb signed Senate Enrolled Act 231, excluding a direct seller from the definition of “employee” under the state’s minimum wage law (Indiana Code § 22-2-2 et. seq.) and from the definition of “employment” under the state’s unemployment compensation system (I.C. 22-4 et. seq.), except under certain conditions. The law took effect July 1.

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Bowling: Takin’ care of business … and gettin’ overtime

We all know the general rule about overtime: the Fair Labor Standards Act requires employees must be paid 150 percent of their standard rate of pay, or “time and a half,” for working more than 40 hours per week, but certain employees, especially executive or managerial employees, are exempt. In practice, the line between exempt and non-exempt employees is sometimes unclear, especially with respect to restaurant and retail employees.

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OpinionBack to Top

Law Student Outlook: Thoughts and expectations entering a final law school year

It might be hard to believe, but this month brings the start of our third and final year of law school at Indiana University Maurer School of Law. The readers of this column have loyally been with us since the spring semester of our 1L year, and we have grown so much through writing on a variety of topics that we explored and encountered during our time as students of the law. In this column, we will reflect on our time in law school and set goals for our year to come. We plan to make it the best one yet.

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Bar AssociationsBack to Top

IndyBar: Join us for Member Appreciation Month!

It’s our passion at the IndyBar to help you demonstrate greater productivity, greater profitability, and greater purpose in the legal profession. That’s why we’re taking the entire month of September to show just how much we appreciate YOU.

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IndyBar Frontlines

The nomination period for IndyBar’s 2020 Board of Directors closes this Friday, Aug. 23, and it’s up to you to help determine the future of your local bar association! Several positions will be available in 2020. Read more and apply at

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IndyBar: Oni N. Harton — Giving Critical Care through Pro Bono Service

Since 2011, Oni Harton has been providing legal services on a pro bono basis to terminally ill patients in hospice care to assist them with estate planning and administration matters at the most vital time of the patient/client’s life. When Oni is called upon for her volunteer pro bono service, she chooses to drop everything and attend to it. Simply put, there is no time to wait.

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DTCI: Admitting past medical expense evidence when plaintiff’s counsel does not

New jury research shows jurors often use the cognitive heuristic of “anchoring and adjusting” to assist their task. In other words, jurors look for an anchor that provides a starting point for the value they may assign to an injury, and they adjust the value from that anchor depending on the evidence. Although the value may be adjusted, the anchor strongly influences the outcome.

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DTCI: Catch It While You Can — Pursuing a Prejudgment Attachment

Who among us has not had a client who elected not to bring a lawsuit against another party for fear of never being able to collect a judgment? Perhaps worse, we are sure many of us have pursued a case for a client all the way to trial or judgment, only to have the opposing party seek bankruptcy protection at the 11th hour. Fortunately, Indiana law provides an underused opportunity to earn protection and security for your clients when faced with the uncertainty of whether a case is worth pursuing for fear little or no recovery.

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