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The bar exam Indiana administered at the end of February is headed for the pile of historic has-beens as the state prepares to switch to another version and the National Conference of Bar Examiners starts the process to overhaul the entire test.
The undeniable truth is that there is a long legislative history in this nation of powerful majorities diminishing and silencing the voices of minorities. While I have no reason to believe the motive of the current judicial selection legislation for Lake and St. Joseph counties is racial, this law will undoubtedly have a disproportionally negative effect on citizens who happen to be racial minorities.
On April 20, 2020, the U.S. Supreme Court issued its decision in Atlantic Richfield Co. v. Christian, No. 17-1498, 140 S.Ct. 1335. The Court’s holding was relatively simple: plaintiffs (Montana landowners) could bring state court claims pursuing cleanup of additional contamination from the “Anaconda Smelter,” but they were first required under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to seek the U.S. Environmental Protection Agency’s (EPA) approval for additional cleanup. While on its face this decision addresses the interplay between CERCLA and Montana state law claims, the ramifications of Atlantic Richfield may be felt in Indiana.
As a small-firm practitioner who makes her money by providing personal legal services, networking is vital for the continued source of clients I need to support my business and keep my associates busy. Planning committees, nonprofit boards, volunteering, social gatherings and local events were my go-to formula for expanding my circles and getting my name and face in front of people who needed to hire a lawyer for highly personal and sometimes sensitive reasons. They needed to have met me in person. They needed my name to come from someone they knew and trusted. At least, that is what I believed to be the only way, until that way no longer existed. And I am not just saying its disappearance is because of the pandemic.
A little more than four years ago, Hoosier Janet McCabe ended her service as assistant administrator of EPA’s Office of Air and Radiation. Since then, the most significant aspects of the Obama-era climate change regulations, namely the Clean Power Plan, have been unwound. Biden’s selection of McCabe signals a doubling down on regulating greenhouse gas emissions.
It has been just over one month since President Joe Biden was sworn in as the 46th President of the United States, and he is delivering on his promise to move quickly. Biden has signed more executive orders in his first 30 days than any president in U.S. history. Perhaps another record-breaking instance is the proportion of these actions that relate to energy and environmental policies.
Meet attorney Ryan Shouse in this ongoing series introducing new DTCI attorneys to the wider legal community.
Law firms are the very definition of traditional businesses, but in a modern world, traditional business models get expensive. Law firms should be operating offices to house staff, but they tend to fill those offices up with obsolete items like paper files and document/email servers.
Talking about what motivates him to be a JLAP volunteer, Justice Steven David pointed out parallels in his legal and military career paths. In both, ordinary people are called upon to do extraordinary things: solving problems, working in the midst of conflict and making decisions that affect lives. We set high expectations for ourselves. Failure is not an option.
When faced with a case involving unincorporated business entities, a defendant must carefully consider whether the requirements for diversity jurisdiction are satisfied before filing its notice of removal. Failure to do so could result an adverse award of attorney fees on a motion for remand, or the district court sua sponte remanding the case to state court upon discovery that it lacks subject matter jurisdiction over the action.
Read Indiana appellate court decisions from the most recent reporting period.
How is it possible that in our enlightened age there remains such a disconnect between being cool and being a leader? Perhaps the answer lies in a truism: Leadership is not cool. Case in point: prom kings are cool. Chairing the prom planning committee is not.
Attorney Robert Hammerle reviews three new releases that left him contemplating: “Nomadland,” “MLK/FBI” and “First Cow.”
The pictures of sun-drenched homes and neatly trimmed lawns in East Chicago showcase what is perhaps the best outcome. However, the images belie the nightmare many residents are still living. The homes along with the neighboring West Calumet Housing Project and Carrie Gosch Elementary School were all built on the USS Lead Superfund site.
“What if you could get exactly what you want in life by reading and understanding the body language of murderers?” asks Janine Driver, New York Times best-selling author and award-winning keynote speaker. With more than 16 years of experience as a federal law enforcement officer within the Department of Justice, Driver will be presenting the opening plenary session for the 2021 Bench Bar Conference in Louisville from June 17-19.
Starting with the July 2021 bar exam, Hoosier applicants who score just under the 264 needed to pass will have their tests automatically reviewed and will no longer have to submit a written request to have their answers reassessed.
Indiana Court of Appeals
Christopher Johnston v. State of Indiana
20A-PC-1135
Post conviction. Affirms the denial of Christopher Johnston’s petition for post-conviction relief. Finds Johnston received the effective assistance of his trial and appellate counsel. Judge Terry Crone concurs in result without separate opinion.
U.S. Sen. Todd Young, a Republican from Indiana, has announced his reelection campaign.
Indiana Gov. Eric Holcomb has joined 21 other governors in opposing how proposed pandemic relief aid would be allocated to states under President Joe Biden’s $1.9 trillion stimulus plan.
The Indiana Supreme Court has scheduled arguments and is accepting briefs in a case involving certified questions from the 7th Circuit Court of Appeals addressing the Indiana Medical Malpractice Act and Indiana Patient’s Compensation Fund.