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President signs new federal IP law: Legislation considers piracy issues, creates ‘copyright czar’

The United States is stepping up to better protect intellectual property. If there was any doubt before, it’s official now with a new law signed by President George W. Bush Oct. 13. Known as the Prioritizing Resources and Organization for Intellectual Property Act of 2008, or PRO IP for short, the law is designed to strengthen existing copyright laws, create civil forfeiture clauses so equipment believed to be used in an IP crime can be seized, and establish a cabinet-level position…

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SCOTUS defines money-laundering ‘proceeds’

The Supreme Court of the United States has defined money laundering and tossed out the convictions of an East Chicago man in a split decision today.The high court ruled on U.S. v. Efrain Santos, et al., No. 06-1005, which involved a money-laundering ring in East Chicago. This was one of two money-laundering cases decided by the court today; the other came in Cuellar v. U.S., No. 06-1456, which held that mere concealment of money during a transport is not enough to support…

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Court: media ban does not pass test

The 7th Circuit Court of Appeals reversed a District Court grant of summary judgment in favor of the defendants, ruling there were genuine issues of fact as to why they denied death row inmates from giving face-to-face interviews with the media. In David Paul Hammer v. John D. Ashcroft, et al., No. 06-1750, Hammer sued Bureau of Prison officials, including then-Attorney General of the U.S., John Ashcroft, and former wardens of the federal prison in Terre Haute, Harley Lappin and Keith…

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Justices affirm search warrant, convictions

The Indiana Supreme Court yesterday affirmed a defendant’s convictions of dealing in cocaine and possession of marijuana because the initial search warrant was supported by sufficient probable cause. One justice dissented, fearing the logic used by the majority to affirm the search warrant would invite more searches by the government that could violate both the U.S. and Indiana constitutions. In Willie Eaton v. State of Indiana, No. 89S04-0802-CR-106, Willie Eaton appealed his drug convictions, arguing the initial search warrant wasn’t supported by…

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Police not responsible for woman’s murder

The 7th Circuit Court of Appeals affirmed the dismissal of a woman's lawsuit against Vanderburgh County officials following the death of her daughter because there isn't a federal constitutional right to be protected by the government against private violence when the government isn't complicit.

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Government can create fire protection district

A board of commissioners in a southern Indiana county had the authority under Indiana statute to pass an ordinance creating a county-wide fire protection district, the Indiana Court of Appeals ruled today.

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Voter ID questions remain after SCOTUS ruling

The primary election in Indiana has come and gone. Voters had to show photo identification, the same as in other recent
elections, but it was the first since the nation's highest court upheld the almost three-year-old state statute requiring
specific ID at the polls.

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Circuit examines ministerial exception

Two former administrators of Salvation Army thrift stores in Indianapolis are appealing their lawsuit against the non-profit organization on grounds that they were wrongly denied overtime pay in violation of a federal labor law.But at issue in their federal case is whether they’re classified as “employees” and whether a religious freedom exception barring courts from getting involved in church management can be applied to their employment law claims.The 7th Circuit Court of Appeals heard arguments Wednesday in Steve and Lorrie Schleicher…

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Indiana has voice in Second Amendment case

For the first time in 70 years, the U.S. Supreme Court is testing the scope of the Second Amendment and could decide what “the right to keep and bear arms” means for the 21st century.Justices will consider the question Tuesday morning in District of Columbia v. Heller, 07-290, which involves a citizen’s challenge to a Washington, D.C., law banning him from keeping a handgun in his home.At issue is to what extent the gun rights amendment to the Constitution applies to…

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Study to examine trial court reform

The Indiana Supreme Court's Division of State Court Administration is working with the Indiana University Center for Urban Policy and Environment to study ways to make the state's trial courts more equitable and efficient.

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State settles with legal malpractice insurer

A legal malpractice insurance carrier has agreed to pay $16.5 million to Indiana's insurance department, settling a federal lawsuit that had come on the heels of a state malpractice claim where an Indianapolis law firm got hit with an $18 million verdict.

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Settlement may be largest of its kind

In what is believed to be the highest-ever payout of its kind in the state, the Indiana Department of Insurance will receive $16.5 million from a national legal malpractice insurer as part of a federal lawsuit settlement.

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Commission mulls retention, mandates

A legislative study committee on courts delved into a variety of topics on Thursday afternoon, ranging from a new judicial retention Web site, judicial mandates, and the first new court request of the year.

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Child Advocates relocates

Child Advocates has relocated its offices, where it will have an open house from 4 to 6 p.m. Oct. 30.The organization moved to 8200 Haverstick Road, Suite 240, Indianapolis, IN 46240. The event is open to the public. People interested in attending should RSVP by Oct. 24 to [email protected] or call (317) 493-2240.

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Former Schererville judge sentenced

A former judge in Lake County received a 15-month federal prison sentence on Thursday, four years after being indicted for
extortion and fraud, and two years after she pleaded guilty to getting kickbacks from more than 1,000 defendants that she'd
sentenced to driving school and counseling classes she secretly owned and personally profited from.

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