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Opinion
Articles
Column: The changing landscape of determining venue
Following the United States Supreme Court’s decision in M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (1972), many Circuit courts have held that a valid forum-selection clause renders venue “improper” in a forum other than the one designated by contract. This term, the U.S. Supreme Court will address whether forum-selection clauses in contracts warrant dismissal or transfer of a case filed in an appropriate federal venue but in contravention of the forum-selection clauses.
Column: Decision provides protection from ERISA retaliation
The 7th Circuit Court of Appeals has issued a key decision affecting the rights of employees who complain internally to their employers about failures to properly fund employee benefit plans governed by the Employee Retirement Income Security Act.
Finney: Is trial technology a reasonable and necessary expense?
A recent decision from the Nevada District Court, Clark County, demonstrated that technology at trial is a valued component and not merely a dog-and-pony show. The dispute at hand centered upon unpaid expenses for trial technology that had been deemed as not a “reasonable and necessary” expense.
Start Page: Voices from the cloud
VOIP offers many attractive features. Among them, “cloud based” access to your office phone system. Conferencing, voice mail-to-email, call attendant services, cheap long distance, find me/follow me, etc., are the new normal.
Dean’s Desk: Law schools can’t be good, fast and cheap
It is no secret that legal education has faced criticism in recent years. In fact, a virtual cottage industry has developed around the topic. Entire websites and blogs are devoted to the theme, some specializing in cynical and sarcastic commentary.
Hammerle on … ‘Gravity,’ ‘Captain Phillips’
Taking place on a damaged space station, Alfonso Cuaron’s “Gravity” is the most challenging space adventure focusing on the human heart since Stanley Kubrick’s “2001: A Space Odyssey” (1968). It forces you to examine the ultimate purpose of life given the fact that we are all going to die.
Federal Bar Update: Rule requires advance service of non-party document requests
Unknown to some practitioners, since 1991 the current version of Fed. R. Civ. P. 45 requires advance notice to opposing parties of document subpoenas issued to non-parties.
DTCI: Can women in the legal profession really beat the odds?
Research has shown that the greatest barrier to advancement for women attorneys is the work-family conflict.
Bell/Gaerte: 3 things to know about the right to silence after Salinas
James Bell and K. Michael Gaerte outline the three things to know about the impact of the U.S. Supreme Court’s decision on the right to remain silent.
Indiana Judges Association: Are changes needed to ‘change of judge’ rule?
Marion Superior Judge David Dreyer discusses the "Change of Judge" rule in this issue of Indiana Lawyer.
Start Page: Not so wonderful wireless comes with hitches
The last personal computer you bought probably wasn’t a PC. It was a ‘mobile’ device – a tablet or laptop or smartphone. The common denominator of these devices is their dependence on wireless connectivity to your local area network and/or the Internet. The ‘jack’ is gone.
In-Box: Reader responds concerning proposed changes to state’s bar exam
New lawyer responds to Indiana Lawyer about changes being considered to state's bar exam.
Lucas: Send us your 2014 Leadership in Law award nominations
Regardless of our career paths, we’ve all experienced a moment when we’ve watched a peer in action – doing his or her job and doing it very well – and the realization came that this person truly is a role model for our respective professions. Whether the admiration you feel is the result of a big win in court and is splashed across newspapers and TV screens, or the quiet day-to-day way the person works with clients and mentors young lawyers, the Indiana Lawyer would like to recognize the work ethic and dedication that makes certain lawyers stand out.
Stevenson: Plane crash litigation may improve travel safety
Modern airliners are filled with technology that has made flying safer than ever. According to MIT statistics professor Arnold Barnett, in the last five years, the death rate for airline passengers in the United States has been one in 45 million flights. At that rate, a passenger could fly daily for an average of 123,000 years before being involved in a fatal crash. While technology such as GPS and auto-landing systems has minimized the chance for human error, especially in poor-visibility landing conditions, there is a drawback. Asiana Flight 214 is likely to become a prime example of how technology can actually cause aviation disasters instead of preventing them. Flight 214’s collision with the seawall just short of the runway at San Francisco International Airport demonstrates what can happen when technology does not work as intended.
Hammerle On: Hammerle pays tribute to colleague’s spirit and humor
In this issue, Robert Hammerle reviews “The Way Way Back” and also remembers C. Joseph Russell, an Indianapolis attorney who died July 17.
Dean’s Desk: Dean excited to teach, interact more with students this semester
I am sitting at my desk, back from vacation, swamped under the combination of the paperwork that accrued while I was gone and what seems like an unusual amount of pre-term work. I am realizing that I am also just four weeks away from teaching a four-credit contracts course for the first time in 10 years and wondering “What was I thinking?” Although some professors can glance at their notes, stroll into class and conduct a brilliant session, I’ve always been the kind that has to review everything, rewrite my notes and build up a certain level of anxiety before teaching, like the actor who falls flat if she doesn’t experience stage fright. In other words, I’ve signed up for what could be a world of pain in the fall semester of 2013.
Kohlhaas: Notable changes to Indiana’s Parenting Time Guidelines
Michael Kohlhaas points out notable changes to the Indiana Parenting Time Guidelines, including to school breaks.
Living Fit: Every step leads you in the right direction to better health
Of course, we all know that a sedentary lifestyle leads to heart disease, stroke, cancer, diabetes, muscle stiffness, poor balance, depression, anxiety, insomnia, high blood pressure, lung disease, weight gain, lethargy, and back, neck and hip pain. But we are largely (pun intended) unaware that exercise alone will not eliminate the health risks associated with too much sitting.
Technology Untangled: GoToMyPC for iPad or Android has some shortcomings
Today’s article will look at lightening the travel load by using an iPad to remotely access your computers back at home and the office. This is accomplished with the mobile device versions of GoToMyPC.