inlawrev: A Pathfinder

This is a computer-generated pathfinder created against the Distant Reader study called inlawrev.

Each Distant Reader study carrel is composed of many individual items. Each item is bibliographically described with author, title, date, summary, and keyword values. Below is a list of the items' most signficant keywords as well as lists of the items themselves. Purpusing the content of this pathfinder provides the student, researcher, or scholar with one way to get their heads around the scope of the carrel. The keywords include:

Law; Indiana; State; N.e.2d; Ind; Note; Supra; U.s; Review; Code; App; Case; Rule; Act; Public; Trial; Property; Defendant; Section; Evidence; Ofthe; School; Justice; Statute; Supreme; United; Professor; States; Liability; Cases; Federal; Inc; Use; Rights; Cir; Co.; F.2d; College; Action; Interest; Insurance; Health; Amendment; Right; Board; Tax; Claim; Child; Judge; Information; Claims; Income; Power; Article; Discrimination; Children; Agreement; Conduct; Employer; Debtor; Securities; Fault; Employees; Decisions; Address; Symposium; Vol13no2

Depending on how this pathfinder was created, many of the bibliographic sections will include elaborations on the meaning(s) of the given keywords. These elaborations were generated by feeding the items' summaries to a large langauge model and asking the model to address the question, "What is X?", where "X" is the keyword. The result will be a few sentences of elaboration. Be forewarned. The elaborations are often plausible, but they should not be take as truth. Instead, they should be taken as points for consideration.

• Justice Kagan's Presidential Administration and Bioengeneered Foods: Making the Case for Congressional Guidance as a Check to Presidential Policy Setting by Alexandre, Michèle (2013) - ta te o f G en etica lly E n g in eered C ro p s in th e E u ro p ea n U n io n Fo llo win g M onsanto v. Italy and the A d option of a N ew R eg ulatory Fram ewo rk for G en etically M od ified Food and Feed , 9 D RAKE J. AGRIC. N eil A. B elson, U S R egulation of A gricultu ra l B iotechnology: An O verview, 3 J. AGROBIOTECHNOLOGY M G M T. & E CON. 268, 269 (2000), a va ila b le a t http://w w w .agbioforum . org/v3 n4/v3 n4a1 5-belson.pdf; see also B ratspies, supra note 4 1 , at 4 07 (“At its m ost superficial, the regulatory regim e establish ed by the C oordinated Fram ew ork is very easy to describe: the FD A is responsible for food safety, th e E P A is responsible for m icrobes and pesticides, and . . . Keywords: act; administration; agencies; agency; approach; biotechnology; c o; c om; case; com; congress; court; crops; deference; e m; fda; federal; foods; g m; h e; issues; ith; justice; kagan; law; m o; n d; n ote; o d; plant; policy; president; process; products; public; review; states; statute; supra n; t h; th e; use; w h
• Plotting Privacy as Intimacy by Anderson, Heidi Reamer (2013) - ”19 Thus, identifying and objectively measuring a core interest should be the goal when reexamining privacy cases for the purpose of determining core interests worth protecting.20 One merely cannot ask whether the affected person subjectively felt like her intimacy had been invaded. Although I agree with Professor Tribe that “the Constitution is not Flatland,”25 I think it prudent to examine the two-dimensional landscape of privacy cases before moving onto a three-dimensional sphere.26 Keywords: amendment; cases; conduct; court; dietemann; facts; government; home; information; intimacy; intrusion; law; lawrence; privacy; protection; public; right; spatial; stanley; state; supra; u.s
• Would Government Prohibition of Marijuana Pass Strict Scrutiny? by Weber, Tim (2013) - STRICT SCRUTINY APPLIED If a court were to apply strict scrutiny to the federal prohibition of marijuana use, the federal government would have to show a compelling interest in prohibiting marijuana use as well as demonstrate that complete prohibition of marijuana is narrowly tailored to further that interest.178 A. Compelling Interest The first aspect of strict scrutiny is the government’s responsibility to show that it has a compelling interest in restricting the right.179 Examples of compelling government interests the judiciary has accepted as “compelling” include protecting children from abuse180 and preventing voter fraud.181 Three interests the federal government could give to warrant marijuana prohibition are 177. B. Narrowly Tailored Even if the government can scrape up a compelling interest for infringing on the bodily autonomy right through marijuana prohibition, it must also demonstrate the current law of a complete marijuana prohibition is narrowly tailored to meet whatever compelling interest is cobbled together.211 There are two reasons that any government attempt in this regard would fail: (1) the current prohibition on marijuana use also prohibits the growing of industrial hemp; and (2) the current prohibition on marijuana use also prohibits the use of marijuana as a medical remedy. Keywords: alcohol; autonomy; court; drug; government; health; hemp; history; interest; law; marijuana; marijuana use; note; prohibition; right; scrutiny; states; supra; supreme; tobacco; u.s; united; use
• Doubting Thomas: Justice Clarence Thomas's Effort to Resurrect the Privileges or Immunities Clause by Broyles, D. Scott (2013) - The constitutional difficulty facing the nation on the eve of civil war in 1859 involved Congress’s inability to force the states to abide by these privileges and immunities that are fundamental rights by virtue of their being natural rights, as well as rights of United States citizenship.222 Bingham viewed the Fourteenth Amendment as the constitutional cure needed for the injustices attending the (mostly southern) states’ continuing denial of fundamental natural rights, as well as fundamental rights of United States citizenship, even after the conclusion of the Civil War.223 In particular, the Privileges or Immunities Clause was designed to ensure national protection for “the privileges and immunities of all the citizens of the Republic and the inborn rights of every person . . . Bingham was careful, however, to use the word “chiefly” because it made clear what his earlier comments in his 1859 speech had emphasized: “privileges” and “immunities” included fundamental natural rights beyond those enumerated in the Bill of Rights. Keywords: amendment; american; bingham; citizens; clause; concurring; cong; constitution; court; globe; immunities; immunities clause; justice; justice thomas; law; liberty; principles; privileges; rights; states; thomas; u.s; understanding; united
• The Intersection of Women's Olympic Sport and Intersex Athletes: A Long and Winding Road by Gandert, Daniel; Bae, Alfred; Woerner, Timothy; Meece, Teresa (2013) - There is also the suggestion that the testosterone in hyperandrogenous women is naturally occurring and, thus, not akin to cheating.233 Furthermore, there is the proposition that hyperandrogenism is a “biological variation” and is similar to acceptable variations found in other athletes—ranging from conditions that allow for greater endurance and long limbs to genetic variations affecting growth and blood flow for muscles.234 Finally, there is the criticism that the regulations are an attempt to “police femininity”235 since concerns regarding female athletes are often raised due to the fact that they do not conform to an idealized female athletic appearance.236 While criticisms may abound, the regulations draw support from some medical professionals as a practical solution to a complex situation.237 By 226. These new rules provide the promise of a gentler review of athletes under suspicion of gender violations—one that treats such conditions as a health issue and maintains the fairness and integrity of competition without ostracizing competitors or subjecting them to undue scrutiny.9 If these rules are successful in doing this, many of the issues related to intersex athletes competing in Olympic sport will be resolved. Keywords: advantage; athletes; barr; compete; competition; conditions; d. art; doping; female; gender; iaaf; international; intersex; ioc; law; medical; new; olympic; policy; regulations; review; semenya; sex; sports; supra note; test; testing; verification; women
• Commencement Address - May 12, 2012 by Wald, Patricia M. (2013) - Torts, contracts, labor law, antitrust, family law, civil rights law, and international law all bear little resemblance to what I learned sixty years ago, and they will change over and over again in your lifetime. Legal ethics in law school may have been just a course, but do not assume that it kicks in only at the higher levels of the profession. Keywords: address; generation; kind; law; lawyers; life; mar; note; review; school; supra; times; years
• The Admission of Hearsay Through Rule 106: And Now You Know the Rest of the Story by Kochert, Andrea N. (2013) - Part II examines five arguments for a trumping function under Rule 106: a textual, functional, and legislative analysis, as well as a focus on the exclusion of confusing or misleading evidence under Rule 403 and on the admission of evidence against a criminal defendant under Rule 801(d)(2). Wilkerson, 84 F.3d at 696 (holding the judge did not abuse discretion in omitting exculpatory portions of defendant’s confession, despite admitting the inculpatory portions under Rule 801(d)(2), in part, because hearsay may not come in under Rule 106). Keywords: admission; cir; committee; court; evidence; f.2d; fed; function; hearsay; law; rule; states; supra note; trumping; united
• Introduction: “What If” Counterfactuals in Constitutional History by Magliocca, Gerard N. (2011) - W hen we turn to constitutional law, counterfactuals might seem more whimsical than practical. The most difficult challenge for constitutional lawyers is the scarcity of precedent. Keywords: health; law; u.s
• The Counterfactual that Came to Pass: What if the Founders Had Not Constitutionalized the Privilege of the Writ of Habeas Corpus? by Tyler, Amanda L. (2011) - As is also shown below, a comparative inquiry into the existing state of detention law in this country and in the United Kingdom reveals a notable contrast—namely, notwithstanding their lack of a constitutionally- based right to the privilege, British citizens detained in the United Kingdom without formal charges on suspicion of terrorist activities enjoy the benefit of far more legal protections than their counterparts in this country. THE COUNTERFACTUAL THAT CAME TO PASS 5 right to due process derived from Magna Carta, but—in keeping with the evolution of the common law writ, the Petition of Right, the Habeas Corpus Act, the Declaration of Rights, and the Trial of Treasons Act —the privilege came10 to embody a particular demand that persons within protection suspected of posing a danger to the state be charged criminally and tried in due course or discharged. 11 Parsing English history during this period also reveals that the privilege of the writ of habeas corpus and the crime of treason forged a special link in the celebrated Habeas Corpus Act of 1679. Keywords: act; corpus; detention; english; habeas; law; note; period; privilege; supra; suspension; terrorism; tyler; war
• What If Madison Had Won? Imagining a Constitutional World of Legislative Supremacy by Lacroix, Alison L. (2011) - As originally presented to the convention, the Virginia Plan granted Congress the power to negative state laws “contravening in the opinion of the National Legislature the articles of Union.” Instead, Madison insisted that Congress must have the power to veto state laws “in all cases whatsoever. Keywords: congress; convention; federal; gibbons; law; madison; negative; new; note; power; preemption; state; supra; supremacy; york
• What If Slaughter-House Had Been Decided Differently? by Roosevelt III, Kermit (2011) - “Privileges or Immunities” denotes rights created by state law, just as in Article IV, and “citizens of the United States” sets out the class of people protected against discriminatory abridgement. Equal protection doctrine, in the main, is about government classifications; it is about the content of state laws, and in particular whether they have drawn lines based on impermissible characteristics. Keywords: amendment; anti; cases; clause; court; failure; government; house; immunities; law; laws; privileges; process; protection; review; rights; slaughter; state; u.s
• What If Chief Justice Fred Vinson Had Not Died of a Heart Attack In 1953?: Implications for Brown and Beyond by Larson, Carlton F.W. (2011) - was almost certainly not ready to support the abolition of segregation.”); Irving F. Lefberg, Chief Justice Vinson and the Politics of Desegregation, 24 EMORY L.J. 243, 285 (1975) (“[T]he best a Vinson led Court could have 2011] Richard Kluger suggests that the Vinson Court “was perhaps the most severely fractured Court in history—testament, on the face of it, to Vinson’s failure as Chief Justice.” Keywords: brown; cases; chief; court; frankfurter; jackson; justice; law; note; opinion; reed; rights; segregation; supra; supra note; supreme; u.s; vinson; warren; white
• The Federal Estate Tax and the National Debt: Why the Debt Forces a Defense of the Tax by Gaudin, Matthew B. (2011) - Som e studies supporting this245 position show “estate tax compliance” and administrative costs are around “[seven] percent of estate tax revenues.” See, e.g., Graetz, supra note 159 (giving some data on estate tax revenue for 2008). Keywords: america; budget; businesses; congress; death; death tax; debt; estate tax; government; growth; indiana; law; matthews; national; notes; opponents; percent; president; repeal; revenue; states; supporters; supra note; taxation; taxes; text; time; united
• United States V. Alvarez: What Restrictions Does the First Amendment Impose on Lawmakers Who Wish to Regulate False Factual Speech? by Haller, Jared Paul (2011) - Stolen Valor Act of 2005, Pub. Nathan Koppel, Legal Battle Over Stolen Valor Act Heats Up, WALL ST. J. L. BLOG (Oct. 11, 2010, 11:13 AM), http://blogs.wsj.com/law/2010/10/11/legal-battle-over-stolen-valor-act-heats- up/ Keywords: act; alvarez; amendment; court; fact; government; law; majority; note; speech; statements; states; supra; u.s; united; valor; valor act
• Lessons from Avent: Judicial Estoppel and Duty to Defend In No-Injury Product Liability Litigation by Langeneckert, Lara (2011) - If the2 defendant is fortunate enough to prevail against one party, he may become vulnerable to the imposition of judicial estoppel, which will preclude him from asserting any position against the other party that directly contradicts his prior, successful argument. In the majority opinion,22 Judge Flaum noted the potential for prejudice to the defendant inherent in an application of judicial estoppel in the insurance coverage context. Keywords: argument; avent; cir; circuit; co.; court; coverage; defendant; estoppel; injury; insurance; judicial; law; liability; note; plaintiff; position; product; supra
• Park51 as a Case Study: Testing the Religious Land Use and Institutionalized Persons Act by Whitted, Alex R. (2011) - ”120 Accordingly, “[n]ontraditional religious uses of a building have been considered religious exercise under [this] more expansive view of RLUIPA protection.” Signed into law on September 22, 2000, the25 26 RLUIPA provides protection of land used as “religious exercise” by giving churches or other religious institutions a way to avoid zoning law restrictions27 that impose a “substantial burden” on their property use: No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government dem onstrates that imposition of the burden on that person, assembly, or institution— (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling governmental interest.28 the opportunity to contrast this case with one that would presumably not implicate the RLUIPA: “a case like the building of a headmaster’s residence, where religious education will not occur in the proposed expansion.”). Keywords: burden; case; center; church; circuit; city; community; court; exercise; land; land use; law; park51; religious; rluipa; standard; substantial; use
• A Tribute to Eleanor D. Kinney Hall Render Professor of Law by Orentlicher, David (2012) - Indiana Law Review Volum e 45 2012 Num ber 2 TRIBUTES A TRIBUTE TO ELEANOR D. KINNEY HALL RENDER PROFESSOR OF LAW DAVID O RENTLICHER * W hile Eleanor DeArman Kinney undoubtedly will continue to make important contributions in health care law, it is fitting upon her retirement to celebrate all of the important contributions that she made during her career as a health law scholar. M cKinney School of Law, and for decades has been one of the nation’s leading experts on health care law. Keywords: care; health; law
• Susanah M. Mead Tribute by Baker, Cynthia A.; Klein, Andrew R. (2012) - This quote personifies Susie M ead, who has led by example in the Indianapolis community and at the Indiana University Robert H. M cKinney School of Law for more than thirty-five years. Both of us have experienced, many times over, the even-handed encouragement of Susie M ead as we raised our children. Keywords: community; law; leadership; school; susie; time
• Dedication: A Tribute to Professor Mary Therese Wolf Law Clinic Director by Orr, Joanne; Watson, Fran (2012) - By 1987, while continuing to teach in the Civil Practice Clinic, Professor W olf was appointed Director of Clinical Programs. Over her tenure as Director, Professor W olf oversaw expansion of the Law Clinic to include creation of the Disability, Criminal Defense, and W rongful Conviction Clinics. Keywords: law; olf; professor; school
• 2011 James P. White Lecture on Legal Education a Chief Judge’s After-Life: Reflections on Educating Lawyers Today by Kaye, Judith S. (2012) - 2012] JAMES P. WHITE LECTURE 293 CONTINUING CONCLAVES Perhaps most significantly, Bob MacCrate’s work, like Jim’s and many others, inspired conclaves to continue the vital discussion of how best to educate law students for practice in a contemporary client-centered public profession. In addition to valuable skills, law students gain the opportunity, and hopefully the inspiration, to use their skills to help people in need and make the world a better place. Keywords: bar; education; law; law school; lawyers; new; practice; school; skills; students; subject; today; white; world; york
• Crisis Management: Principles That Should Guide the Disposition of Federally Owned, Foreclosed Properties by Brescia, Raymond H.; Kelly, Elizabeth A.; Marshall, John Travis (2012) - Second, if HOLC sold these properties during the depths of the housing crisis of the 1930s, it would create a fire sale of federal properties, costing HOLC hundreds of millions of dollars as the value of the debt it held would far exceed the compensation it would receive at a sale.124 The following chart shows, first, the number of properties seized through foreclosure by year, and then the number sold in that same year. Assets generally brought a better price160 when RTC had good information with which to market properties to bidders, but the volume of assets and time constraints often precluded such information gathering. Keywords: assets; city; crisis; disposition; estate; family; federal; foreclosure; government; holc; home; homeowners; housing; katrina; law; loan; market; mortgage; neighborhood; new; new orleans; nora; note; orleans; program; properties; property; recovery; rtc; sales; supra; supra note; values
• Combating Moral Hazard: The Case for Rationalizing Public Employee Benefits by Hylton, Maria O’Brien (2012) - ERISA does not broadly prevent an employer from “discriminating” in the creation, alteration or termination of employee benefits plans; thus, evidence of such intentional discrimination cannot alone sustain a claim under section 510. See Kathy Chu, States Try to Stem Losses in Public Pension Funds, USA TODAY, Nov. 7, 2008, http://www.usatoday.com/money/perfi/retirement/2008-11-06-state-pensions-cutbacks_ N.htm (“In the 12-month period ended Sept. 30, public pension plans lost 14.9%, according to Wilshire Associates, a consulting firm.”); see also Deborah Brewster, US Public Pension Funds Face Big Losses, FIN. Keywords: 45:413; accounting; bankruptcy; bargaining; benefits; budget; california; care; changes; colorado; contribution; costs; current; debt; employees; feb; federal; funds; future; gasb; government; hazard; health; illinois; indiana; insurance; investment; jan; july; june; labor; law; local; long; money; n.y; new; note; pay; pension; pension plans; percent; plans; public; rate; retiree; retirement; review; right; risk; sector; spending; state; supra; tax; taxpayers; times; total; u.s; unions; vol; wall; wisconsin; workers; year
• Human Trafficking Victim Identification: Should Consent Matter? by Jones, Samuel Vincent (2012) - By isolating the normative point at which the shift from consenting participant to human trafficking victim occurs, this Article challenges existing approaches to identifying human trafficking victims. The lack of consensus regarding the number of human trafficking victims is largely attributed to the lack of agreement regarding who is, in fact, a victim of human trafficking. Keywords: actor; alternatives; category; choices; consent; human; identification; individuals; international; labor; law; merchant; migrant; note; person; sex; smuggling; states; supra; supra note; trafficking; u.s; united; victims; women; work
• The Impact of Prohibiting Legal Service Corporation Offices from Representing Undocumented Immigrants on Migrant Farmworker Litigation by Smerbeck, James R. (2012) - [Vol. 45:513 representation of migrant workers. Conversely,50 most medium and large-scale farmers are dependent upon migrant workers as reliable low-wage labor because much of fruit and vegetable harvesting must be done by hand. Keywords: act; action; aid; attorneys; cases; class; ctr; farms; farmworkers; immigrants; inc; indiana; labor; law; legal; litigation; lsc; lsc offices; migrant; non; note; offices; restrictions; services; states; supp; supra; supra note; u.s.c; workers
• One Nail at a Time: Building Deconstruction Law as a Tool to Demolish Abandoned Housing Problems by Bell, Kory T. (2012) - The enemy was a powerful one: abandoned properties. See RECLAIMING ABANDONED PROPERTY, supra note 1, at 5 (outlining numerous policy goals in Indianapolis); see generally EUGENE LAUSCH ET AL., ABANDONED PROPERTY IN INDIANA: LEGAL, PRACTICAL, AND POLICY EFFECTS OF 2006 STATUTORY AMENDMENTS 1 (Sept. 2006) (attempting to “explain what Public Law No. 169-2006 (HEA 1102) means, in practice, for county executives and redevelopment commissions” after Indiana enacted statutory changes aimed at addressing abandoned properties). Keywords: abandonment; action; bank; building; cities; city; code; costs; credit; deconstruction; demolition; deposit; enforcement; government; houses; housing; incentives; indianapolis; land; law; materials; owner; plan; problem; properties; property; public; state; supra note; tax; time; waste
• Randall T. Shepard A Tribute by White, James P. (2012) - (b) A law school shall not use admission policies or take other action to preclude admission of applicants or retention of students on the basis of race, color, religion, national origin, gender, sexual orientation, age or disability.8 T hus, in many ways Chief Justice Shepard has been a leader in expanding opportunities for entry to law school and the legal profession. Id. at 8-9. 2012] RANDALL T. SHEPARD 595 educationally disadvantaged college graduates to enter law school, graduate, and enter the legal profession. Keywords: chief; education; justice; law; schools; section; shepard
• Honor amongst Thieves: Organized Crime and the Illicit Antiquities Trade by Alderman, Kimberly L. (2012) - Organized criminal groups have been charged with perpetuating up to 80% of art crime (illicit antiquities crime is considered by many to be a type of art crime). CRIM INAL GROUP S IN THE ILLICIT ANTIQUITIES TRADE Keywords: antiquities; antiquities trade; art; article; artifacts; auction; collectors; crime; criminal; cultural; dealers; definition; excavators; groups; illicit; law; market; museums; nations; objects; para; people; supra note; thieves; trade
• From the Thief in the Night to the Guest Who Stayed Too Long: The Evolution of Burglary in the Shadow of the Common Law by Anderson, Helen A. (2012) - Like common law burglary, common law rape was both a crime against property and a crime against personal security. Thus, the Model Code incorporated into its formulation of burglary172 some of the elements of common law burglary as aggravating facts, as well as some of the already commonly used aggravators such as injury or weapons. Keywords: breaking; burglary; burglary law; code ann; common; crime; defendant; entry; intent; jurisdictions; law; laws; laws ann; model; night; note; offense; penal code; rev; stat; states; supra; time; west
• “Fasten Your Seat Belt, Orville!”: Exploring the Relationship between State-of-the-Art, Technological and Commercial Feasibility, and the Restatement’s Reasonable Alternative Design Requirement by Ausness, Richard C. (2012) - Technological Feasibility.—Many courts agree that technological feasibility is the principal focus of the state-of-the-art concept as it applies to product design. One explanation for this curious result is that product manufacturers effectively control the pace of technological development, including the development of safety-related technology by deciding how much to invest in research and development. Keywords: alaska; alternative; app; art; belt; burke; case; century; cir; co.; corp; court; defendant; design; development; device; evidence; example; f.2d; feasibility; inc; industry; law; liability; manufacturer; motor; n.e.2d; n.j; n.w.2d; new; note; orville; plaintiff; product; rev; safety; seat; standards; state; steam; supra; supra note; technology; time
• Congressional Will and the Role of the Executive in Bivens Actions: What Is Special About Special Factors by Bernstein, Anya (2012) - I also show that what the Arar court thought were Bivens special factors are, in fact, separate concerns that come with legal doctrines of their own, and I discuss how those concerns would have looked if the court had used the appropriate legal frameworks. I am, of course, not the first to connect Bivens remedies to congressional will. Keywords: action; analysis; arar; authority; bivens; bivens remedy; case; cir; circuit; claims; congress; court; damages; employees; executive; factors; factors analysis; government; law; legislative; plaintiff; remedies; remedy; review; rights; scheme; states; suit; supreme; u.s; united
• The Law and Economics of Network Neutrality by Hazlett, Thomas W.; Wright, Joshua D. (2012) - For instance, in Tasneem Chipty’s 2001 paper, evidence of cable operator favoritism (for owned channels) was found, with the result that subscribers gained access to a greater number of cable networks and quality- adjusted prices fell. Beyond these issues, the regressions do not adjust for share ownership of cable networks by MSOs; Time Warner’s incentives, when owning all of Boomerang, are treated the same as Comcast’s, with its fifty percent share of G4. Keywords: 45:767; access; analysis; antitrust; applications; broadband; business; cable; cable tv; comcast; competition; conduct; consumer; content; data; discrimination; economics; empirical; end; evidence; fcc; fcc nn; foreclosure; goolsbee; growth; indiana; innovation; integration; internet; isps; law; market; network; network neutrality; neutrality; new; nn order; note; operators; order; para; penetration; policy; providers; regulation; review; rules; services; supra; supra note; system; time; u.s; vol; welfare
• New Fame in a New Ballgame: Right of Publicity in the Era of Instant Celebrity by Mullins, Michael (2012) - See id. at 122 (declaring the debate over the justifiability of a right of publicity to have become “pointless,” inasmuch as “the right of publicity is both hard to object to and hard to support”); see also id. at 121 (stating, “neither those favoring publicity rights nor those opposed to publicity rights have managed to articulate particularly strong policy rationales supporting their positions”). See, e.g., Madow, supra note 11, at 189 (“Publicity rights operate to channel additional dollars to the very people—Einstein rather than Bohr, Vanilla Ice rather than Too Short—who happen to draw first-prize tickets in the fame lottery.”). Keywords: amendment; celebrity; commercial; court; dodson; fame; haelan; inc; individual; internet; laboratories; law; new; note; privacy; property; protection; publicity; right; supra; use; value
• Elements Of Modern Court Reform by Shepard, Randall T. (2012) - A ten-month procurement process led by three review committees led to a contract with Tyler Technologies Inc. to provide its Odyssey Case Management System to Indiana courts and clerks. Indiana also required particular courses 2012] INTRODUCTION 905 For the next several generations, applicants endured a two-day essay test covering various facets of Indiana law. Keywords: bar; children; court; education; evidence; family; indiana; judges; judicial; jury; justice; law; lawyers; new; percent; profession; program; state; supreme; system; time
• Survey of Indiana Administrative Law by Rompala, Joseph P. (2012) - [Vol. 45:933 (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity; (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (4) without observance of procedure required by law; or (5) unsupported by substantial evidence.3 These enumerated reasons for overturning agency actions set forth the standard of review courts are to apply in reviewing agency decisions and are well established.4 However, in reviewing agency actions under the individual bases for relief, portions of an agency’s decision are subject to greater or lesser deference from courts. In that case, the Indiana Supreme Court was confronted with assessing whether the Indiana High School Athletic Association’s (IHSAA) decision that a student-athlete had transferred schools for “primarily athletic reasons” was subject to reversal.127 The court began its analysis by noting that “Indiana courts have reviewed the IHSAA’s regulation of student-athletes in a manner analogous to the review of administrative agencies;” they “do not review IHSAA decisions de novo and do not substitute their judgment for the association’s.”128 Keywords: administrative; agency; appeals; court; decision; department; evidence; indiana; indiana court; law; n.e.2d; review
• Recent Developments in Indiana Business and Contract Law by Dorelli, Michael A.; Walton, Justin T. (2012) - Specifically, the court noted that “courts have held that ‘[s]ettlement agreements are governed by the same general principles of contract law as any other agreement.’” Id. (quoting Fackler v. Powell, 891 N.E.2d 1091, 1095 (Ind. Ct. G:\28243 Ind Law Rev 45-4\45masthead.wpd RECENT DEVELOPMENTS IN INDIANA BUSINESS AND CONTRACT LAW MICHAEL A. DORELLI* JUSTIN T. WALTON** During the survey period,1 Indiana courts rendered a number of significant decisions impacting businesses, as well as their owners, officers, directors and shareholders. Keywords: agent; agreement; app; business; coates; contract; court; fiduciary; inc; ind; indiana; intent; law; n.e.2d; parties; partnership; property; relationship; trial; trial court
• Recent Developments in Indiana Civil Procedure by Burke, Daniel K.; Mulroony, Amanda L.B. (2012) - [Vol. 45:1011 Farno also argued that the trial court should not have considered the Indiana Securities Commissioner’s or the receiver’s actions in its superiority analysis on the grounds that “[n]o Indiana court has ever before held that actions brought by other parties are superior to a class action to adjudicate the controversy between class members and defendants, much less other actions relating to different claims, different damages, different defendants. The supreme court found Songer to require trial courts to engage in a multi-pronged inquiry to determine whether a suit is essentially equitable. . . . Keywords: action; appeals; case; complaint; court; evidence; indiana; indiana trial; judgment; law; motion; n.e.2d; notice; party; plaintiff; procedure; rule; trial court; trial rule
• Indiana Constitutional Developments: Debtors, Placements, and the Castle Doctrine by Laramore, Jon (2012) - It also addressed several cases claiming double jeopardy violations for multiple sentence enhancements, finding violations in some cases252 but not in others.253 XII. SENTENCING—ARTICLE 7, SECTION 4 As happens every year, Indiana appellate courts exercised their authority under article 7 to review and revise criminal sentences. The trial court denied her motion to reduce bail or allow her to post a ten percent cash bond or surety.150 The court of appeals pointed out that article 1, section 16, forbids excessive bail.151 The court reviewed the factors in Indiana Code section 35-33-8-4 that trial courts are to weigh in setting bail.152 It stated that the defendant has the burden to show that bail is excessive, but a defendant need not show changed circumstances to obtain reduced bail.153 The court stated that several of the statutory factors, including her ties to the community, her appearance at court hearings connected to prior prosecutions, and her lack of funds, weighed in favor of reduced bail.154 The court noted, however, that she faced lengthy imprisonment if convicted, weighing against low bail.155 The court of appeals concluded that the facts justified the $25,000 total bail set for Sneed but that by denying her the option of surety bond the trial court effectively condemned her to imprisonment before trial because of her lack of funds.156 The court found that the trial court abused its discretion when it denied the option of a surety bond and remanded for further proceedings.157 IX. Keywords: app; appeals; article; case; court; dcs; ind; indiana; law; n.e.2d; police; section; state; supreme; trial
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M. (2012) - The practice of trial courts around the state, however, had taken a different course, with forfeiture funds being retained for law enforcement and rarely sent to the common school fund.35 Shortly before the end of the legislative session, the Indiana Supreme Court took note of the existing statutory language allowing trial courts to except from the proceeds “law enforcement expenses incurred ‘for the criminal investigation associated with the seizure’ and a prosecutor’s expenses associated with the forfeiture proceeding and the expenses related to the criminal prosecution. B. Indigent Counsel Issues The supreme court and court of appeals each issued opinions about the role and responsibility of trial courts in addressing issues involving appointment of counsel for indigent defendants. Keywords: app; appeals; cases; code; conviction; court; criminal; defendant; ind; indiana; justice; law; n.e.2d; person; sentence; state; supreme; supreme court; trial; trial court; years
• 2010-2011 Environmental Law Survey Freedom by Smith, S. N.; Thomas, Seth M.; Andres, Jennifer; Calhoon, Victoria; Murray, Sarah (2012) - Id. 2012] ENVIRONMENTAL LAW 1113 C. CERCLA Action Could Proceed Despite Preclusion of ELA Claim In Valbruna Slater Steel Corp. v. Joslyn Manufacturing Co.,117 the defendant Joslyn Manufacturing Co. owned and operated a steel mill in Fort Wayne, Indiana from 1928 until 1981.118 Joslyn sold the site to Slater Steels Corporation in February 1981.119 Slater attempted several times to seek indemnification from Joslyn for the contamination spanning from 1988 until 1999, but Joslyn denied these requests.120 Slater filed suit in Indiana state court in July of 2000 bringing two claims of contractual indemnification and another Environmental Legal Action (ELA) claim pursuant to Indiana Code section 13-30-9-1.121 The trial court dismissed Slater’s ELA claim.122 In June 2003, Slater filed for bankruptcy, and Valbruna Slater Stainless Inc. (“Valbruna”) purchased the site.123 The purchase agreement for the site noted the existence of the lawsuit and gave Valbruna the “‘right to seek to become a party to the [l]awsuit. ”161 The state court, agreeing with VIM, instructed VIM to propose a new, more narrow intervention.162 The intervenors, in turn, voluntarily withdrew their claims that fell beyond the scope of IDEM’s suit, sent a Notice of Intent to File a Complaint under RCRA to VIM, IDEM, and the EPA, and when neither IDEM nor the EPA filed a lawsuit to assert the plaintiffs’ claims, filed an action in the Northern District of Indiana under the RCRA citizen-suit provision.163 The plaintiffs’ suit sought relief under both the “violation” and “endangerment” provisions of RCRA and additionally asserted common law claims of nuisance, trespass, negligence, negligence per se, and gross negligence.164 Additionally, it went further than IDEM’s claims and included “A” and “B” grade waste in addition to “C” grade waste.165 After further inspections of the Elkhart site resulted in additional IDEM violations, IDEM filed a second suit in Indiana state court against VIM.166 VIM then moved to dismiss the federal lawsuit, arguing that the federal court did not have jurisdiction over the RCRA claims because IDEM was addressing those same claims in state court.167 The district court granted VIM’s motion and declined to exercise supplemental jurisdiction over the state law claims, and the plaintiffs subsequently appealed to the Seventh Circuit.168 159. Keywords: action; appeals; city; claim; court; cwa; decree; environmental; epa; federal; idem; indiana; indiana court; indiana law; judgment; lake; law; new; permit; plaintiffs; property; review; standards; state; suit; trial court; u.s.c; united; water
• Survey of Recent Developments in Indiana Evidence Law by Mercer-Lawson, Kate (2012) - The Indiana Supreme Court has long espoused the view that when statutes and Rules are at odds, the Rule prevails.4 However, if a particular evidentiary issue arises for which the Rules do not control, common or statutory law governs.5 As a general rule, trial courts have broad discretion when ruling on the admissibility of evidence. No Indiana precedent existed on whether trial courts could properly admit photos representing property damage to establish bodily injury; thus, Flores used Delaware authority to support his claim. Keywords: app; appeals; court; defendant; evidence; hearsay; ind; indiana; indiana court; jury; law; n.e.2d; rule; state; testimony; trial court; witness
• Recent Developments in Family and Matrimonial Law by Rudis, Kathleen E. (2012) - If part one, the requirement of a legitimate and good faith reason, posed an inordinately high bar for a relocating parent to meet, it could too often prevent trial courts from reaching part two and appropriately deciding the dispute based upon the best interests of the affected child.279 Thus, the court of appeals concluded that the mother had advanced legitimate, good faith reasons for the proposed relocation.280 Nevertheless, after a detailed review of the factors affecting the children were they to remain in Indiana or relocate to Tennessee, the court of appeals concluded that “the evidence supported the trial court’s conclusion that relocation . . On appeal, the husband challenged the income averaging technique used by the trial court to calculate his income for child support purposes.152 The husband argued that his income at the time of the final hearing was very low due to his relocation to Nevada, and that the trial court’s income averaging technique amounted to an unfair imputation of income.153 The Indiana Court of Appeals rejected the husband’s argument, first noting that income averaging is a recognized child support income calculation method, especially for the self- employed.154 The court also noted that, because the husband failed to present detailed documentation of his income, he cannot assign error to the method used by the trial court.155 The husband also alleged trial court error for including the monies used to fund the college account in the marital estate.156 Keywords: appeals; child support; custody; father; husband; indiana court; law; marital; mother; n.e.2d; parenting; parties; paternity; petition; time; trial court; wife
• Developments in Intellectual Property Law by Brown, Christopher A. (2012) - Ideally, the exceptions to prior art in the new Section 102 keep someone else’s disclosure or patent application that was derived from an inventor from being used as a reference against the inventor.53 That is, if someone obtains information from the inventor, whether directly (e.g., the inventor tells him) or indirectly (e.g. he takes information—legitimately or not—from the inventor), that person’s disclosure is not prior art to the inventor as long as any timing condition is met.54 As a practical matter, however, it is unclear how an inventor would establish before the PTO examiner that a reference in someone else’s name was obtained from the inventor. The examiner has no way of knowing whether an article, patent application, or other reference has information obtained from the inventor, and so he or she naturally will cite the reference against the inventor’s application in rejecting it. Keywords: act; aia; america; application; art; date; filing; information; inventor; invents; law; matter; patent; pto; review; section; subject; u.s.c
• Survey of Recent Developments in Indiana Product Liability Law by Alberts, Joseph R.; Thornburg, Robert B.; Buttrick, Hilary G. (2012) - As provided in the express language in the IPLA, therefore, strict liability does not apply in Indiana product liability cases involving claims of design and warning defects.183 These causes of actions are to be decided using Indiana’s comparative fault scheme.184 173. As a result, earlier decisions were not particularly helpful.170 Second, product liability claims in Indiana are governed by the IPLA.171 Since the 1995 amendments to the IPLA, product liability claims in Indiana are to be determined in accordance with comparative fault principles.172 159. Keywords: claims; code; court; defect; design; inc; ind; indiana; ipla; law; liability; manufacturer; n.e.2d; product; product liability; section; seller
• Survey of Recent Developments in Real Property Law by Daugherty, Charles B.; Flora, Colin E. (2012) - Indiana property law continues to evolve each year. Even in areas of law that have been reestablished for well over a century, Indiana property law continues to provide interesting new developments. Keywords: appeals; bank; case; code; court; easement; indiana; indiana court; indiana law; judgment; land; law; mortgage; n.e.2d; property; property law; public; review; tenant; trial court; use
• Recent Developments in Indiana Taxation Survey 2011 by Jegen, III, Lawrence A.; Searles, Theresa A.; Smerbeck, James R. (2012) - Although the above statutes do not say how a party must serve the petition, Indiana Tax Court Rule 16 specifies the manner of service required. TAXATION 1349 business expense must add them back for Indiana tax purposes unless the employer participated in E-Verify.87 Keywords: appeal; code; code section; county; department; income; income tax; indiana; indiana code; internal; lacey; law; property; property tax; revenue code; section; state; tax; tax court; taxes; taxpayer; year
• Reflecting On Forty Years of Merit Selection in Indiana: An Introduction by Schumm, Joel M. (2013) - M erit selection of judges is19 critical in his view because “the effort to bolster recusal will not solve the threats to due process caused by White and the big-money influence of judicial elections.” 20 II. ”11 James Bopp, Jr., whose article is entitled “The Perils of M erit Selection,” explores many of the pitfalls of merit selection while acknowledging that Indiana has largely avoided those pitfalls “due to the luck of having been blessed with good leaders.” Keywords: court; indiana; judges; judicial; law; merit; public; selection
• Justice in Jeopardy: The Aba Perspective by Robinson III, Wm. T. (Bill) (2013) - In42 keeping with the ABA’s goals of improving our profession, eliminating bias, and advancing the rule of law, in 2000, the House of Delegates approved a set of model standards for the selection of state judges, and in 2003, the House43 approved a clearly enunciated set of principles to “ensure judicial independence, accountability and efficiency.” It is the right of every citizen to be tried by judges as free, impartial, and independent as the lot of humanity will admit.2 Those are more than just words; they are enduring principles that should guide us, even today. Keywords: courts; judges; judiciary; justice; law; note; selection; state; supra; system
• Merit Selection in Indiana: The Foundation for a Fair and Impartial Appellate Judiciary by Najam, Jr., Edward W. (2013) - A different29 questionnaire was directed to Indiana judges. Adrienne Meiring, Counsel, Indiana Commission on Judicial Qualifications, Indiana Judicial Nominating Commission (Dec. 28, 2011) (unpublished) (on file with author). 173. Keywords: amendment; appellate; article; commission; court; elections; general; indiana; indianapolis; judges; judicial; judiciary; justice; law; merit; merit selection; plan; politics; public; selection; state; supreme; system
• Judicial Retention Elections After 2010 by May, Melissa S. (2013) - In an article after the 2010 election, the Des M oines Register reported Iowa Supreme Court Justice W iggins declared that he would not “stand quietly” if a campaign is launched to remove him from the bench. Ryan J. Foley, Vote on Iowa Justice Seen as Test for Gay Marriage, YAHOO! Keywords: association; bar; campaign; chief; court; decision; elections; florida; gay; group; indiana; iowa; judges; judicial; judiciary; justice; law; marriage; note; nov; oct; performance; plaats; retention; state; supra; supreme; supreme court; voters
• The Perils of Merit Selection by Bopp, Jr., James (2013) - But common law judges frequently make the law based on the judge’s public policy preferences. POL’Y STUDIES (Jan. 1, 2003), http://www.fed-soc.org/publications/detail/the- case-for-partisan-judicial-elections (surveying research on the differences in quality between elected and merit selected judges). Keywords: candidates; court; elections; indiana; judges; judicial; justice; law; merit; people; retention; selection; state; supreme; system
• A New Perspective on Judicial Disqualification: An Antidote to the Effects of the Decisions in White and Citizens United by White, Penny J. (2013) - This spending trend continued and expanded in 2010 and 2011, with36 many states experiencing their most expensive state supreme court races ever37 and with enormous amounts of out-of-state money being invested in a retention race in Iowa.38 W hile the decision in W hite provided a means by which special interest groups could identify judicial candidates who shared the groups’ political ideologies, the United States Supreme Court’s decision in Citizens United enabled corporations and labor unions to invest their funds and vastly influence the election of state court judges as well. According to the American Judicature Society, nine state supreme courts have adopted judicial disqualification rules that address campaign contributions in light of and consistent with the decision in Caperton v. A.T. Keywords: campaign; candidates; citizens; conduct; court; decision; disqualification; judge; judicial; justice; law; public; rules; state; supreme; system; united; white
• Assuring Due Process through Merit Selection of Judges by Sullivan, Jr, Frank (2013) - ABA President Laurel Bellows said earlier this136 year, “The ABA strongly supports merit selection of state court judges for many reasons, not the least of which is that the administration of justice should not turn on a popularity contest or be subject to the corrosive influence of money. 33 The Supreme Court explained that such an arrangement gave the judge a “direct, personal, substantial[, and] pecuniary interest in reaching a conclusion against [the defendant] in his case,” and thereby denied the defendant his right to an34 impartial judge. Keywords: announce; campaign; candidate; case; clause; conduct; court; indiana; judge; judicial; justice; law; process; state; supreme; u.s; white
• 2012 James P. White Lecture On Legal Education the Transformation of the Legal Profession and Legal Education by Sullivan, E. Thomas (2013) - I should note that the debt issue is not one related only to law schools. As one who has been a part of the legal academy for thirty-three years beyond my law school student days, and having chaired nearly twenty ABA-AALS inspection visits during this period of time, as well as chairing the ABA Section on Legal Education, I can attest to the remarkable improvement in American legal education across a wide spectrum of law schools. Keywords: costs; education; firms; high; law; law schools; lawyers; note; schools; students; supra; today; university
• Frank Sullivan, Jr., the Very Model of a Modern Justice by Shepard, Randall T. (2013) - No one has done more to advance a modern judiciary in this state and elsewhere than Justice Frank Sullivan, Jr. From the courts of small towns to discussions on an international stage, Frank Sullivan has been a figure who mattered. W hile there are many prisms through which one might view the multiple contributions of Frank Sullivan to the American bench, I choose here to focus on four. Keywords: court; frank; indiana; judges; judicial; justice; law; state; sullivan; supreme; work
• Tribute to Justice (Now Professor) Frank Sullivan, Jr. by Roberts, Gary R. (2013) - Meghan Lazier, Justice Frank Sullivan, Jr. Receives the Section of Litigation's 2010 Diversity Leadership Award, A.B.A. (Mar. 2, 2010), http://www2.americanbar.org/divisions/ Judicial_migrated/Lists/Announcements/DispFormNew.aspx?List=b7d42f44-edf2-4bde-a477- 5c7a6e0e29fa&ID=14. 14. Justice Sullivan was a lawyer at what is now the state’s largest law firm, Barnes & Thornburg, before leaving to become the state budget director from 1989 to 1992. Keywords: court; indiana; justice; law; sullivan
• A Critical Analysis of Pliva, Inc. v. Mensing by Clark, Matthew J. (2013) - In54 55 the amendments, Congress established an abbreviated new drug application (“ANDA”) to allow generic drug manufacturers to gain FDA approval by showing that its new drug was essentially the same as the “bioequivalent” of the listed 44. Despite197 this amendment, the language regarding the revision of warnings on the label remains the same for generic drug manufacturers under both versions. Keywords: brand; change; court; drug; drug manufacturer; fda; generic; inc; interpretation; label; law; manufacturer; pliva; regulation; state; state law; use
• The Best Choice Out Of Poor Options: What the Government Should Do (Or Not Do) If Congress Fails To Raise the Debt Ceiling by Fagan, Kelleigh Irwin (2013) - Under the Budget Control Act of 2011, Congress approved a mechanism through which the President can potentially raise the debt ceiling if Congress fails to do so: “The [Budget Control Act] stipulates that when U.S. debt obligations are within $100 billion of exceeding the debt limit, the President may submit a certification to Congress calling for a $900 billion increase. Id. § 1320b-15(b) (“For purposes of this section, the term ‘public debt obligation’ means any obligation subject to the public debt limit established under section 3101 of Title 31.”). Keywords: act; bondholders; congress; debt; debt ceiling; debt clause; debt limit; default; federal; government; law; note; obligations; payments; power; president; public; section; states; supra; supra note; treasury; u.s; united
• You’re on Your Own, Baby: Reflections on Capato’s Legacy by Barzilay, Arianne Renan (2013) - On a second level, this Article is part of an emerging area of law—the Law of Work and Family (“LWF”)—which seeks to demonstrate the implications and connections between the family and the labor market.21 This Article combines insights from two usually distinct areas of law, employment law and family law—insights regarding breadwinning and reproduction, which converge in the discourse over Social Security benefits awarded to surviving children of a deceased wage earner. In determining whether an applicant is the child or parent of a fully or currently insured individual for purposes of this subchapter, the Commissioner of Social Security shall apply such law as would be applied in determining the devolution of intestate personal property by the courts of the State in which such insured individual is domiciled at the time such applicant files application, or, if such insured individual is dead, by the courts of the State in which he was domiciled at the time of his death.40 Section 416(h) therefore refers to state intestacy law to determine whether a child is eligible for Social Security benefits. Keywords: act; benefits; capato; child; children; court; family; iii; law; male; new; note; reproductive; security; supra; supra note; wage; women
• When Making Money and Making a Sustainable and Societal Difference Collide: Will Benefit Corporations Succeed or Fail? by Grant, Joseph Karl (2013) - As proponents of benefit corporations argue, benefit corporations are “[a] [n]ew [k]ind of [c]orporation for a [n]ew [e]conomy.”3 [Vol. 46:581 Crisis.5 For those who hate corporations because of their perceived unholy quest to make a profit at all costs (known as maximization of shareholder value), benefit corporations hold a great deal of appeal due to their ability to perhaps rewrite the corporate landscape.6 For proponents and opponents of corporations in our society, a force of interest convergence may be percolating beneath the surface.7 Corporations can direct and channel this pursuit of profit. Keywords: benefit; benefit corporation; business; cause; companies; company; consumers; corporate; corporation; july; law; legislation; note; public; social; supra
• Consumer Sovereignty Trumps Popular Sovereignty: The Economic Explanation for Arizona Free Enterprise v. Bennett by Kuhner, Timothy K. (2013) - If a candidate spent more than $350,000 of her personal wealth on her own campaign, this triggered an “asymmetrical regulatory scheme” that benefitted her non-self-financing opponents.47 Her opponents could then legally obtain unlimited coordinated party expenditures and individual contributions up to $6900 until they equaled, individually, the amount of personal funds spent by the self-financing candidate.48 Meanwhile, the self-financing candidate remained subject to the usual limits.49 In contrast to Bennett, the mechanism in Davis did not give public candidates a cash subsidy pegged to the gains achieved by private candidates; rather, it gave public candidates a legal subsidy, to wit, the benefit of an asymmetrical regulatory regime that might enable them to collect additional funds more easily. Justices Stevens, Souter, Ginsburg, and Breyer had a similar response, dissenting in Davis.63 Thus, the riddle of how speech can be ‘abridged’ without being limited breaks apart into a series of questions: How could the provision of increased funds for public candidates constitute a violation of private candidates’ right to political speech? Keywords: amendment; arizona; bennett; buckley; campaign; candidates; court; davis; funds; government; justice; law; majority; market; matching; money; public; speech; state; subsidies; u.s
• Facebook Is Off-Limits? Criminalizing Bidirectional Communication via the Internet Is Prior Restraint 2.0 by Mckechnie, Douglas B. (2013) - However, that is precisely the impetus and scheme of social networking statutes; they identify a group based on the members’ previous illegal actions and criminalize a form of bidirectional communication because of the potential dangers that communication could pose. The Internet has had a revolutionary—and hitherto incomprehensible effect— on communication.217 It has transformed and democratized communication such that it transcends the corporeal boundaries associated with the human experience of expression and association.218 At no other time in history have so many people instantaneously been able to share ideas, opinions, and knowledge.219 While previous forms of mass communication have been unidirectional and concentrated in the hands of a few, the Internet has dispersed the means to express ideas and enabled their bidirectional exchange.220 The Internet has become the “new marketplace of ideas[,]”221 and bidirectional communication via the Internet has become an essential part of modern communication.222 This democratization of the channels of human communication also has facilitated the creation of previously unimaginable communities.223 Internet communities, like Internet communication, transcend geographical and physical boundaries.224 These communities are inherently voluntary associations where users can enter and leave as they wish,225 providing any number of community members with a forum to easily communicate information to others with shared interests or shared identities.226 As a result, the composition of any particular Internet-based community is unique and cannot be replicated.227 Keywords: act; amendment; communication; content; court; doctrine; doe; internet; law; networking; offenders; restraint; rev; sex; speech; statutes; u.s
• Back to the Future: The in Loco Parentis Doctrine and its Impact on Whether K-12 Schools and Teachers Owe a Fiduciary Duty to Students by Rumel, John E. (2013) - The teacher, it is here proposed, is morally a fiduciary.133 Two other scholars, in the most comprehensive article on the teacher-student fiduciary relationship issue yet written, have assumed, both historically and currently, that fiduciary relationships existed, and will exist, between teachers and students in certain circumstances.134 Those scholars have noted the shortcomings of applying “[t]raditional [d]octrinal [a]pproaches” such as the duty of care and loyalty in resolving fiduciary duty cases in the education setting.135 Focusing primarily on college and university case law and issues, these scholars have developed the following “underlying organizing principles”136 in determining when a fiduciary relationship exists between a teacher and student, the nature of the fiduciary duty involved, and the existence and magnitude of any breach of that duty: Part II of this Article discusses the case law and commentary that surrounds the creation and regulation of fiduciary duties, paying special attention to the judiciary’s proclivity to use analogistic and moralistic reasoning to expand the universe of fiduciary relationships.6 It also focuses on well-settled legal principles relating to the lack, generally speaking, of any fiduciary obligation owed by parents to their children and the duty of undivided loyalty that a fiduciary owes to the person to whom his or her fiduciary duty runs. Keywords: app; breach; cases; claim; conduct; court; district; doctrine; duty; education; fiduciary; k-12; law; loco; loco parentis; note; parentis; parentis doctrine; personnel; public; relationship; school; school personnel; students; supra; teacher; trust
• Whose Fourth Amendment and Does it Matter? Fourth Amendment Standing by Soree, Nadia B. (2013) - Here, the Article is focusing on Fourth Amendment searches, and, referring to the view adhered to by earlier Courts, “that searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment—subject only to a few specifically established and well-delineated exceptions.” Instead, the rule’s prime purpose is to deter future unlawful police conduct and thereby effectuate the guarantee of the Fourth Amendment against unreasonable searches and seizures.129 The exclusionary rule was transformed into “a judicially created remedy designed to safeguard Fourth Amendment rights generally through its deterrent effect, of such evidence . . . . Keywords: amendment; court; criminal; defendant; evidence; exclusion; fourth; fourth amendment; government; law; note; payner; police; privacy; process; right; rule; search; standing; states; supra; trial; u.s; united; violation
• Dysfunctional Contracts and the Laws and Practices That Enable Them: An Empirical Analysis by Stark, Debra Pogrund; Choplin, Jessica M.; Linnabery, Eileen (2013) - A REVIEW AND CRITIQUE OF JUDICIAL TREATMENT OF “RETURN OF EARNEST MONEY AS BUYER’S SOLE REMEDY” CLAUSES IN HOME PURCHASE CONTRACTS Based on a review of reported appellate court decisions, courts have enforced contracts clauses that provide that the buyer’s sole remedy for the seller’s default is return of the buyer’s earnest money when this limitation-of-remedy is clearly provided for in the contract,101 with the notable exception of courts in Florida.102 99. The court in Goodwin v. Hole No. 4 LLC exemplifies the approach of enforcing contract clauses that expressly provide for a limitation of remedy; the Goodwin court narrowly interprets what is procedural and substantive unconscionability, while potentially providing a “bad faith” exception to enforcement of the clause if it is shown that the seller exercised it because the property appreciated in value.115 Because the court in Goodwin engaged in mental gymnastics and faulty common assumptions to justify enforcing a highly unfair contract limitation clause against a consumer who was likely deceived into entering into the purchase contract, we engage in a thorough analysis of the details of this decision. Keywords: attorney; breach; buyer; clauses; contract; contract clause; contract remedies; court; damages; home; law; limitation; money; note; participants; party; purchase; purchase contract; remedies clause; remedy; return; seller
• Statutory Tort Caps: What States Should Do When Available Funds Seem Inadequate by Findley, Michelle L. (2013) - The following section provides an overview of state tort caps and specifically provides detail into state tort cap treatment in Indiana, as well as other states that provide for varying degrees of compensation. In addition to responding to the insurance crisis, “state legislatures also were responding to scholarship indicating that the tort system failed to achieve its objectives [of deterrence and compensation].”36 Lastly, a distrust of juries that seemed to be producing larger awards against “deep-pocket” defendants, and the inconsistency of awards, also led to tort reform.37 These issues spurred tort reform in general, that of which state tort caps were just one portion. Keywords: caps; compensation; fund; government; indiana; insurance; law; liability; note; policy; recovery; state; statutory; tort; victims
• Four Things: Socrates and the Indiana Judiciary by David, Steven H. (2013) - Thinking about his Socrates quotation reminded me that we ask a lot of judges. As human beings, we would certainly understand that judges might grow annoyed with some individuals brought before them; they might commit error in deciding cases; they might become impassioned about issues and judge with their hearts; or they might choose a side or play favorites. Keywords: conduct; court; indiana; judge; judicial; justice; law; trial
• Survey of Indiana Administrative Law by Rompala, Joseph P. (2013) - This Survey Article provides an overview of decisions by Indiana’s courts as they review the actions of Indiana administrative agencies. I. JUDICIAL REVIEW Most Indiana administrative agency decisions are open to judicial review.4 Keywords: administrative; agency; appeals; board; court; decision; department; ind; indiana; judicial; law; n.e.2d; review
• Developments in Indiana Appellate Procedure: Rule Amendments, Remarkable Case Law, and Court Guidance for Appellate Practitioners by Babb, Bryan H.; Slaten, Emily M. (2013) - CONCLUSION This past year evidenced yet another chance for the Indiana Supreme Court and Indiana appellate courts to mold Indiana’s appellate procedure practice. Through rule amendments and judicial decisions, retirements, and appointments, the supreme court and appellate courts have altered the look and adjusted the judicial system for the benefit of Indiana’s citizens, bench, and bar. Keywords: appeals; court; ind; indiana; justice; law; motion; n.e.2d; order; rule; supreme; trial
• Recent Developments in Indiana Business and Contract Law by Dorelli, Michael A. (2013) - For these reasons, the court concluded that Andrew was a shareholder at the time of the stock sale, and, thus, no basis existed to rescind the June 2004 sale of stock.173 V. BUSINESS TORTS A. Misappropriation of Trade Secrets During the Survey Period, Indiana courts addressed significant misappropriation of trade secret issues in two decisions. Id. During the Survey Period, Indiana courts also addressed several key defamation cases that are outside the scope of this Survey Article. Keywords: app; bid; business; claim; construction; contract; corporation; court; electric; inc; ind; indiana; issue; konrad; law; limited; n.e.2d; shareholder; skyline
• Recent Developments in Indiana Civil Procedure by Burke, Daniel K.; Mulroony, Amanda L.B. (2013) - ”103 Applying White, the Indiana Supreme Court concluded that the Town was not required to file its petition for attorneys’ fees within thirty days from the entry of judgment, and instead instructed trial courts to 93. “[T]he trial court granted Old National’s motion for judgment on the evidence on all claims,” pursuant to Trial Rule 50(A), “[a]t the close of Purcell’s case-in-chief. Keywords: action; appeals; case; county; court; ind; indiana; judge; judgment; law; motion; n.e.2d; party; rule; summary; supreme; trial; trial court; trial rule
• Indiana Constitutional Developments: Changes on the Court by Laramore, Jon (2013) - He sued in federal court and asked the federal district judge to certify his Indiana claim to the Indiana Supreme Court. The reason the Democratic Party sued, however, is that if courts determined that White had not properly been placed on the ballot in the first place, the office would be awarded to the second-place vote-getter in the election, in this case the Democratic candidate;46 if White forfeited his office upon conviction, in contrast, the Governor—like White, a Republican—would name White’s successor.47 The Democrats’ petition alleged that White was not eligible to be a candidate because he was not registered to vote at the place he resided on July 15, 2010, the date his party delivered his certificate of nomination.48 The Democrats sued in late November 2010, after the election had been held and White had won.49 The Democrats’ petition contested White’s election under Indiana Code section 3-12- 38. Keywords: app; article; case; court; evidence; ind; indiana; justice; law; n.e.2d; right; section; state; supreme; supreme court; trial
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M. (2013) - Id. at 59-60. 2013] CRIMINAL LAW 1057 when the trial court instructed the jury on accomplice liability, without re-reading the entire set of final instructions, it not only placed special significance on the particular issue of [the defendant’s] culpability with regard to the charge of robbery, but also the lone, additional instruction suggests a resolution to the jury’s predicament evidenced by their note.222 Although the court of appeals acknowledged recent supreme court authority explaining that “trial courts have greater leeway to facilitate and assist jurors in the deliberative process” as part of the relatively recent adoption of jury rules, the court concluded that leeway does not permit courts to subject defendants to the prejudice of mid-deliberation special instructions.223 The court appeared to suggest that trial courts could avoid reversible error by re-reading all the instruction and inserting the additional instruction in a “natural and logical position amongst the other [previously read] instructions. The court of appeals reiterated the statutory factors “relevant to the risk of nonappearance” that trial courts must consider in setting bail.59 Keywords: appeals; cases; child; class; conviction; court; defendant; evidence; ind; indiana; jury; law; n.e.2d; person; public; rule; sentence; state; supreme court; trial; trial court
• 2011-2012 Environmental Law Survey by Smith, Freedom S.N.; Andres, Jennifer; Murray, Sarah; Thomas, Seth M. (2013) - Next, the court found that the limitations period began to run “when a claimant knows, or in the exercise of ordinary diligence should have known of the injury,” but no earlier than the when the ELA became effective.283 Under Indiana law, a plaintiff is “accountable for the time which ha[d] run against their predecessors in interest. Id. at 649 (alterations in original) (emphasis added by Crowel court) (quoting Argyelan, 435 N.E.2d at 975). Keywords: cercla; city; code; consumer; corps; court; cwa; environmental; epa; indiana; law; n.e.2d; permit; plaintiffs; pollution; property; review; rule; section; state; statute; water
• Survey of Recent Developments in Indiana Product Liability Law by Alberts, Joseph R.; Thornburg, Robert B.; Buttrick, Hilary G. (2013) - Id. at *1-2. Indiana courts seem to use the phrases “learned intermediary” and “sophisticated intermediary” somewhat interchangeably to refer to the same doctrine. Design Defect Theory.—State and federal courts applying Indiana law have rendered several important decisions in recent years addressing design defect theories.135 During the 2012 Survey Period, Indiana courts added three more. Keywords: claims; code; court; defect; design; inc; ind; indiana; ipla; law; liability; manufacturer; n.e.2d; plaintiff; product; section
• Recent Developments in Professional Responsibility by Parker, J. Thomas (2013) - From the first of October 2011 until the last of September of 2012, the Indiana Supreme Court issued eighty-five orders in regards to the discipline of the practicing bar.2 Of those eighty-five decisions, many can be categorized as “housekeeping”; they track the progress of individual matters rather than present the court’s definitive analysis and conclusions about specific allegations.3 Even these housekeeping matters, however, are worth considering. “Indiana law requires that a driver and all passengers to [sic] use seat belts at all times when the vehicle is in operation. Keywords: attorney; conduct; court; disciplinary; ind; indiana; law; mem; n.e.2d; professional; respondent; supreme
• Survey of Recent Developments in Real Property Law by Daugherty, Charles B.; Flora, Colin E. (2013) - I:\28684 Ind Law Rev 46-4\46masthead.wpd SURVEY OF RECENT DEVELOPMENTS IN REAL PROPERTY LAW CHARLES B. DAUGHERTY* COLIN E. FLORA** INTRODUCTION This Article addresses recent developments in Indiana real property law through an analysis of Indiana appellate court cases decided during the October 2011-September 2012 Survey Period. The Covered Bridge court noted that each of the parties, following Taylor, characterized the issue as one of jurisdiction, but Indiana courts have redefined the concept of jurisdiction in the past few years.146 The Covered Bridge court reiterated the recent clarification that in the judicial and administrative context, jurisdiction only refers to “‘the power to hear and determine cases of the general class to which any particular proceeding belongs’” and the “‘require[ment] that appropriate process be effected over the parties. Keywords: app; appeals; case; code; county; court; easement; indiana; indiana court; judgment; law; n.e.2d; notice; property; property law; sale; statute; survey; trial; trial court; use
• Recent Developments in Indiana Taxation Survey 2012 by Jegen, III, Lawrence A.; Smerbeck, James R.; Thompson, Shea N. (2013) - Utilimaster Corporation v. Indiana Department of State Revenue.215—In February 2010, Utilimaster filed a refund claim with the Department of $17,943.65 for Indiana sales and use tax it submitted on purchases of natural gas between June 2008 and December 2009.216 Utilimaster asserted that its natural gas purchases were not subject to taxation “pursuant to the ‘predominate use exclusion’ contained in Indiana Code section 6-2.5-4-5.”217 In June 2010, the Department granted Utilimaster’s refund for a reduced amount of $2,951.69.218 Wendt LLP v. Indiana Department of State Revenue.250—Wendt LLP is in the business of intrastate, interstate, and international relocation of oversized factory machinery.251 “In October 2004, the Department conducted a sales tax audit of Wendt for the 2002 [to] 2004 tax years. Keywords: code; county; department; income; income tax; indiana; indiana code; law; miller; n.e.2d; property; refund; sales; section; state; tax; tax court; taxes; term; use
• A Look Back: Developing Indiana Law Post-Bench Reflections of an Indiana Supreme Court Justice Selected Developments in Indiana Administrative Law (1989-2012) by Sullivan, Jr., Frank (2013) - As the following sections of this Article will show, once Austin Lakes declared that exhaustion of remedies was jurisdictional, Indiana Supreme Court cases recognizing exceptions to the exhaustion canon all but disappeared. In an opinion authored by Justice David, and joined in relevant part by the other four members of the Court, the Court held that regardless of whether the DCS Director’s decision was subject to the AOPA, the appropriate standard of appellate review was that provided by the AOPA.129 The AOPA specifies five instances under which judicial relief should be granted due to prejudice by an agency action: if the agency action is (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity; (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (4) without observance of procedure required by law; or (5) unsupported by substantial evidence.130 Thus, A.B. stands for the principle that, even in cases not controlled by statute, the Indiana Supreme Court will refer to Indiana administrative law in general, and the AOPA in particular, as the “common law” that provides the requisite rules of decision. Keywords: administrative; agency; case; court; exhaustion; ind; indiana; justice; law; n.e.2d; remedies; review; state
• Insuring The Effectiveness of Indiana’s Landlord-Tenant Laws: The Necessity of Recognizing the Doctrine of Retaliatory Eviction in Indiana by Casserly, Brian D. (2013) - ”153 Other provisions within the RLTS protect the tenant’s right to a return of any security deposit paid, or an itemization of how the deposit was spent, within a set time period of the tenant’s vacating the property and providing a forwarding address.154 Also, the landlord is prohibited from interfering with the tenant’s possession through “self-help eviction,” meaning landlords may not force a tenant to vacate by changing the locks, removing doors, interrupting utility services, or the like.155 Although the RLTS primarily targets the obligations of Indiana landlords, the statute also provides for certain obligations on the part of Indiana tenants: (1) to comply with all health and housing code requirements primarily applicable to the tenant;156 (2) to keep the occupied and used areas clean;157 (3) to use the provided systems in a reasonable manner;158 and (4) to refrain from waste of the rented property.159 III. I provides an overview of the development of tenant rights, with a focus on retaliatory eviction protections, discussing, in detail, the variety of applications and remedies in various court-initiated prohibitions on retaliatory eviction. Keywords: action; code; court; doctrine; eviction; holding; housing; indiana; landlord; law; n.e.2d; note; policy; prohibition; public; retaliatory; rights; rlts; stat; supra; tenant
• The Splendid Run of Dean Gary R. Roberts by Shepard, Randall T (2015) - Robert H. McKinney School of Law graduates include the following: Indiana Governor Mike Pence, J.D., 1986; Speaker of the Indiana House Brian Bosma, J.D., 1984; Senator Dan Coats, J.D., 1972; Congresswoman Susan Brooks, J.D., 1985; Congressman Todd Rokita, J.D., 1995; Ct., The James P. White Lecture on Legal Education at the Indiana University Robert H. McKinney School of Law (Apr. 7, 2010). 2014] Keywords: dean; gary; indiana; law; mckinney; roberts; school
• Gary Roberts: An Appreciation by Cox, Paul N (2015) - It was also through Gary’s leadership that other significant changes occurred. I:\28947 Ind Law Rev 47-1\47masthead.wpd GARY ROBERTS: AN APPRECIATION PAUL N. COX* INTRODUCTION I was privileged to have served under Gary Roberts as his Vice Dean during most of the years of his deanship. Keywords: gary; law; school
• Leading Academic, Business, and Government Figures Convene to Examine Law and the Financial Crisis by Kochert, Andrea N; Sullivan Jr, Frank (2015) - The symposium then turned to its third inquiry: evaluating law’s potential for helping avert future financial crises. Following Kabat’s introduction by Indiana Law Review Symposium Editor Andrea N. Kochert, the audience warmly saluted Kabat in recognition of Fifth Third’s recent $5 million donation to the Indianapolis Eskenazi Health Capital Campaign.3 Kabat assumed the role of Fifth Third’s CEO in April 2007, the same month New Century Financial Corporation, a leading subprime mortgage lender, helped trigger the financial crisis by filing for Chapter 11 bankruptcy protection. Keywords: bank; crisis; fifth; financial; indiana; law; professor; review; school; securities; symposium; university
• Perspectives on the Financial Crisis by Kabat, Kevin T (2015) - This was further exacerbated by the emergence of new loan products that increased availability of credit, but were often done at teaser rates that would reset, required little money down, or completely circumvented most of the traditional underwriting process.5 Pressure from the regulatory bodies responsible to Congress for the Community Reinvestment Act,6 fair lending, and comparing “standard” lending practices to alternative lending offers only compounded the problem.7 The majority of toxic loan products, such as option-ARMs, subprime loans, and exotic mortgages, were created by lenders completely outside of the traditional regulatory authority of agencies like the Federal Reserve, FDIC, and the Office of the Comptroller of the Currency.8 Investment banks with their exotic products, such as collateralized debt obligations, served to make matters worse.9 I note that many traditional banks like Fifth Third did not originate these types of products, but we did continue to compete in more vanilla categories that were being underwritten based on grossly inflated property values. Traditional banks played a role. Keywords: banks; crisis; fifth; fin; law; tarp
• Revisiting the Causes of the Financial Crisis by Page, Antony (2015) - TIMES (Nov. 20, 2012), http://www.ft.com/intl/cms/s/0/48b78190-3278-11e2-916a-00144feabdc0.html#axzz2aSPOqWlQ (claiming that “[t]he financial crisis again showed that in market economies bank runs recur, over and over”). Bob Ivry, FHA Will Take on Subprime Loans Shunned by Lenders (Update2), BLOOMBERG (Oct. 6, 2008), http://www.bloomberg.com/apps/news?pid=newsarchive&sid= aougwNu_W.Zc; Subprime mortgage crisis, UNIV. Keywords: agencies; bank; banking; causes; credit; crisis; derivatives; fcic; federal; financial; government; housing; indiana; institutions; interest; law; lehman; low; mortgages; n.y; note; policy; rating; regulation; report; review; risk; securities; subprime; supra; supra note; times; u.s
• Citigroup: A Case Study in Managerial and Regulatory Failures by Wilmarth Jr, Arthur E (2015) - and a group of noncore, loss-inducing business.”); David Enrich, Citigroup Takes First Step Toward Breakup, WALL ST. J., Jan. 10, 2009, at A1 (”In December [2008], government officials started pressing Mr. Pandit and his deputies to devise and articulate a new strategy to slim down the financial colossus.”); Monica Langley & David Enrich, Citigroup Chafes Under U.S. Overseers, WALL ST. J., Feb. 25, 2009, at A1 (reporting that the federal government’s “ongoing pressure to slim down the company has forced Citigroup executives to consider a range of unwanted options,” and Citigroup agreed to “split itself into two parts, with the goal of selling additional assets and businesses”); Heather Landy, Weighing the Future of Citi ‘Holding’ Pen, AM. BANKER, Sept. 21, 2009, at 1 (describing Citigroup’s decision to move $649 billion of its “noncore” assets into a new “Citi Holdings” division for eventual sale or other disposition); Michael J. Moore et al., Citigroup Productivity Worst of Big Banks Shows Challenge, BLOOMBERG, Oct. 25, 2012, http://www.bloomberg.com/news/2012-10-25/citigroup-productivity- worst-of-big-banks-shows-challenge.html, archived at http://perma.cc/XY3B-TQUQ (reporting that Citi Holdings had reduced its assets to $174 billion). Robin Sidel & David Enrich, Citigroup CEO Shakes Up Ranks: Prince Taps Pandit to Run Merged Investments Unit; Veteran Maheras Departs, WALL ST. J., Oct. 12, 2007, at A3 (reporting on the departure of Thomas Maheras, co-head of the investment bank, after Citigroup reported significant trading losses, and noting that Maheras had “spearheaded Citigroup’s push to trade a broader array of products” and “had been considered a potential successor to Mr. Prince”). Keywords: bank; banking; business; case; cdo; cdos; citigroup; credit; enron; executives; fcic; fed; federal; financial; frb; geithner; government; growth; indiana; infra; investment; investors; law; lending; loans; losses; management; market; mortgages; new; notes; occ; prince; regulators; report; review; risk; rubin; sec; securities; stock; street; study; subprime; supra note; text; trading; tranches; treasury; vol; wall; weill; wilmarth; york
• Opening Remarks by Joseph Hogsett by Hogsett, Joseph (2015) - I would like to add as a final observation that is critical to appreciate how significant the usage of non-prosecution agreements and deferred prosecution agreements have been to corporate criminal law. Before his time at Barnes & Thornburg, Mark was Assistant United States Attorney for the Southern District of Indiana and Assistant United States Attorney for the Central District of Illinois. Keywords: attorney; indiana; justice; law; prosecution; states; university
• Opening Remarks by Mark D. Stuaan by Stuaan, Mark D (2015) - Prosecution of criminal cases is good. 6. Bringing Criminal Charges Against Corporations, U.S. Dep’t of Justice (1999), http://www.justice.gov/criminal/fraud/documents/reports/1999/charging-corps.PDF. Keywords: crime; law; penalty; united
• Q&A Session by Hogsett, Joseph; Stuaan, Mark D (2015) - And, to your point as to the amount of or the accuracy of disclosure in many cases, it is my understanding, and again I do not have personal experience, but it is my understanding that some cases have been declined because everyone fully disclosed everything, and nobody cared. They acquitted both defendants of all charges.24 Both defendants acquitted of all charges, and at the time, for example, the New York Times said you knew this verdict before it came out, but this verdict is expected to have wide ranging implications for how the government approaches similar white collar cases.25 It is viewed “as a bellwether for other cases, both criminal and civil, involving the financial industry. Keywords: bank; case; indiana; justice; law; prosecution; question; states; united
• Review of Current Scholarship on the Fiscal Cliff by Herzig, David J (2015) - In their recent article, Saule Omarova and Adam Feibelman, discuss a “three- peak” structure changing the scope of regulators in the industry.49 However, under this model, the agencies would not split up tasks vertically based on subject matter of regulation, as Yadav proposes.50 Instead, the agencies’ scope would be determined horizontally, based on different markets.51 One agency would regulate and supervise the wide variety of retail financial service providers and markets.52 A smaller, more nimble agency would regulate the wholesale financial services providers and markets in complex financial instruments.53 These two agencies would aim at ensuring safety and soundness of financial institutions and 40. The institutional or function approach would split up agencies to regulate based on the function of the institution, which is basically the current structure in the United States.57 An integrated regulatory structure would give regulatory and supervisory power to one single super agency.58 Lastly, a twin-peak approach would divide responsibilities between a prudential regulator of the safety and soundness of financial institutions, and a market conduct regulator.59 Omarova and Feibelman ultimately decide that regardless of the specific structure, first the government needs to decide what and whom should be regulated as well as why and how regulation should occur.60 Keywords: agency; banks; crisis; dodd; frank; institutions; l. rev; law; market; note; regulation; rev; review; risk; supra; supra note
• Recalibrating the Future of Higher Education by Gee, Gordon (2015) - In this book, my co-authors and I developed a policy approach to address major concerns in higher education, such as government regulation, academic integrity, discrimination of freedoms, and, what has become my favorite topic, innovative ways of financing public higher education. 22 Black Swans from recent history would include September 11, the rise of the Internet, the fall of the Soviet Union, and the recent global financial crisis, which really had a tsunami effecton the funding of public higher education. Keywords: american; education; future; law; ohio; state; students; universities; university
• No Good Deed: The Impropriety of the Religious Accommodation of Contraceptive Coverage Requirements in the Patient Protection and Affordable Care Act by Shingledecker, Rose (2015) - The definition of religious employer simply does not include the full range of religious employers HHS now seeks to “insulate” from providing insurance coverage for contraceptive services.279 Together, HHS’s religious employer exemption and the proposed accommodation implicitly concede that the contraceptive coverage requirement imposes substantial constraints on the free exercise of religion. Id. (“The definition of religious employer, as set forth in the amended regulations, is based on existing definitions used by most States that exempt certain religious employers from having to comply with State law requirements to cover contraceptive services.”). Keywords: act; care; catholic; contraceptive; court; coverage; employer; exemption; exercise; health; hhs; ifr; insurance; law; note; religious; services; supra; u.s; women
• Brewing Tension: The Constitutionality of Indiana's Sunday Beer-Carryout Laws by Teagarden, Danielle M (2015) - Indeed, in early post-Prohibition decisions, the Court seemed to reach back to pre-Prohibition jurisprudence and use Section 2 to divest alcohol of its interstate character, upholding discriminatory state laws that would otherwise be struck down under the Commerce Clause.85 At one time, alcohol was viewed as fully excepted from the Commerce Clause.274 Later, discriminatory state beverage laws were upheld if they advanced a state’s core Twenty-first Amendment concerns, as indicated in Bacchus.275 In 2005, the Supreme Court changed course.276 In Granholm, the Court protected a state’s ability to sell or not sell alcohol, while limiting its ability to enact discriminatory regulation.277 Granholm’s interpretation of the Twenty-first Amendment’s interaction with the Commerce Clause gives states the ability to sell alcohol through an evenhanded three-tier distribution system, which addresses Twenty-first Amendment concerns, despite any discrimination that inheres in the system.278 In the wake of Granholm, the Seventh Circuit has applied Granholm’s nondiscrimination principle in its Baude and Lebamoff decisions, but has noted the lack of a fully articulated analytical approach for laws that are not facially discriminatory yet have a discriminatory effect.279 Keywords: alcohol; amendment; beer; brewers; commerce; court; distribution; granholm; indiana; law; laws; note; producers; sales; state; sunday; supra; tier; u.s
• Pharmaceutical Gatekeepers by Darrow, Jonathan J (2015) - See Robert Pear & Robin Toner, Medicare Plan Covering Drugs Backed by AARP, N.Y. TIMES, Nov. 18, 2003, at A1; What We Do, AARP (Dec. 4, 2013, 10:21 PM), http://www.aarp.org/ about-aarp/info-2011/what-we-do.html, archived at http://perma.cc/K4SY-7PRD (boasting of successful advocacy regarding improved drug coverage, but not mentioning drug efficacy). In France, for example, an independent organization known as the Association Mieux Prescrire provides a monthly journal addressing drug efficacy and related issues. Keywords: 47:363; act; action; advertising; aspirin; cases; claims; co.; companies; consumer; court; dec; doctors; drug; drug efficacy; efficacy; evidence; fda; food; fraud; gatekeepers; government; health; indiana; information; insurance; kraakman; lack; law; market; medical; medicines; new; nice; note; patent; patients; pharmaceutical; physicians; prescription; prescription drugs; price; products; public; reports; review; supra; use; value; vol
• Lochner, Liberty of Contract and Paternalism: Revising the Revisionists? Review Essay: David N. Mayer, Liberty of Contract: Rediscovering a Lost Constitutional Right by Hutchison, Harry G (2015) - the U.S. Constitution’s due process clauses or equivalent provisions in state constitutions” and “the limitation of state police powers through the enforcement of certain Constitutional rules . . . Id. at 13 (“The rejection of paternalism was manifest in many developments in Revolutionary-era society, among them the rise of contract law and even the ever-growing popularity of laissez-faire economics, perhaps best illustrated by the Philadelphia merchants’ opposition to price controls in 1777-78.”). Keywords: commerce; congress; constitution; contract; court; doctrine; freedom; government; hammer; holmes; interstate; jurisprudence; knox; law; liberty; lochner; mayer; new; police; police power; power; process; public; right; sawyer; social; state; supra note
• Education Rights and the New Due Process by Imoukhuede, Areto A (2015) - Access to public education is a fundamental duty, or positive fundamental right because education is a basic human need and a constituent part of all democratic rights. In The Fifth Freedom, I argued that there is a fundamental duty under the U.S. Constitution to provide public education and that the reason a fundamental right to public education has not been recognized is because of a profound confusion regarding fundamental rights as duties.1 The Court is biased towards protecting negative rights or liberties over enforcing positive rights or duties.2 Keywords: american; approach; capabilities; clause; concept; court; democracy; democratic; dignity; education; equality; freedom; human; individual; law; lawrence; liberty; people; process; protection; public; rev; right; sen; society; supra note; u.s; yoshino
• Reframing and Reconstituting Normative Views of Military Trauma: Moving Beyond Gendered Paradigms and Correcting Policies That Unduly and Unlawfully Subject Non-Combat Trauma Claims to Stricter Scrutiny by Marrero, Joel (2015) - According to the VA and congressional records, military service members who are totally and permanently injured commonly incur financial costs directly associated with the long and arduous treatment and rehabilitation period.17 Calhoun’s experience demonstrates that military combat is difficult and hazardous work that leads to significant acts of heroism. Keywords: administrative; agency; combat; court; disability; force; injury; law; members; military; note; paradigm; regulations; review; service; service members; statute; supra; traumatic; tsgli; u.s; united; veteran; wounds
• How a Grocery Store Grounded Air Jordan and Why Jordan Should Succeed in the Rematch: Redefining Commercial Speech for the Modern Era by Brandon, Caitlin (2015) - I:\28962 Indiana Law Rev 47-2\47masthead.wpd Indiana Law Review Volume 47 2014 Number 2 NOTES HOW A GROCERY STORE GROUNDED AIR JORDAN AND WHY JORDAN SHOULD SUCCEED IN THE REMATCH: REDEFINING COMMERCIAL SPEECH FOR THE MODERN ERA* CAITLIN BRANDON** INTRODUCTION “Commercial speech is like obscenity. . . The court held the page was not commercial speech because it did not propose a commercial transaction, the page was not an advertisement, the page did not refer to a specific product, and the store having an economic motivation did not necessarily render the page commercial speech.10 This Note explores the distinction between commercial and noncommercial speech under the First Amendment, critiques the application of the commercial speech test by the court in Jordan v. Jewel, and, finally, proposes an original test for classifying speech as commercial or noncommercial that is more appropriate for modern society. Keywords: advertisement; amendment; commercial; consumer; court; jewel; jordan; law; motivation; page; speaker; speech; test; u.s
• Say What You Need To Say: A Concurring Opinion Regarding Intra-religious Hate Crimes After the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act and United States v. Mullet by Karanovich, R Zachary (2015) - Id. 2014] SAY WHAT YOU NEED TO SAY 571 Aside from the expansion of classes covered under the HCPA, the bill also made it easier to enforce the protections against hate crimes by removing the previous requirement for hate crimes legislation that a victim be attacked because they were engaged in federally-protected activities.47 “The new federal hate crimes legislation is, therefore, intended to ‘fill the gap’ for the few states that still lack hate crime legislation. Through this discussion, this Note urges the courts to define hate crimes more precisely in intra-religious contexts to avoid even the possibility of loopholes being present. Keywords: bias; court; crimes; group; hate; hate crimes; hcpa; individuals; law; legislation; mullet; victim; vladimir
• Joint Tenancies in Bankruptcy: Preserving Post-petition Survivorship Rights for Debtors and Non-debtors Alike by Luke, Jonathan D (2015) - Commentators who have taken up the issue either treat one side of cases in the split as undisputed law,31 in some cases even developing legal theories based on this unsupported view,32 or mention the split and do not discuss its implications.33 This Note clarifies the positions courts have taken on this issue, and based on current bankruptcy law and justifications for holding joint tenancy property, recommends a statutory solution favoring joint tenancies given their increasing prevalence and long-standing donative utility. ”198 After the Colorado Supreme Court’s Taylor decision in 2004, the federal district court in Colorado, the source of In re Lambert twenty-nine years earlier,199 was “compelled” to hold in In re Slifco200 that filing a bankruptcy petition severs a joint tenancy.201 In Slifco, a husband and wife held four parcels of property in joint tenancy which were subject to a lien.202 The husband independently filed a Chapter 7 bankruptcy petition and separated from his wife.203 Meanwhile, as the wife attempted to sell the properties to satisfy the encumbering lien, the husband died while his petition was before the bankruptcy court.204 Upon these facts and in view of Taylor, the court, although noting an independent basis for finding that the parties intended for the tenancy to sever,205 concluded that “filing for Chapter 7 bankruptcy evinces an intent to sever joint tenancy interests in any property scheduled as nonexempt. Keywords: bankruptcy; bankruptcy code; bankruptcy estate; bankruptcy petition; chapter; code; court; debtor; estate; estate property; filing; interest; joint; law; property; severance; supra; survivorship; tenancies; tenancy; tenant; title; trustee
• Don't Forget to Knock: Eliminating the Tension Between Indiana's Self Defense Statute and No-Knock Warrants by Patterson, Chase (2015) - Requiring Officers to Knock-and-Announce Their Presence Maye and other citizens in “castle doctrine” states should be able to defend themselves and their families in good faith against no-knock raids.152 However, allowing individuals to use force against police officers during a no-knock search or raid may dissuade Indiana police and legal officials because it would basically be authorizing citizen violence against the police.153 Essentially “[l]egalizing such deadly encounters will not solve the problem, but our justice system should not blame and punish the police or private citizens for taking reasonable actions in pursuit of self-preservation.”154 ”166 By forcing Indiana police officers to strictly adhere to the knock-and-announce requirement, the Indiana legislature would ensure “governmental authorities accord due respect to domestic tranquility even in the case of suspected criminals. Keywords: announce; citizens; court; home; indiana; knock; law; note; officers; police; police officers; supra; warrant
• Beyond Einstein and Edison: Claiming Space for Non-Faculty Inventors in Technology Transfer by Carter-Johnson, Jennifer (2015) - As discussed above, graduate students and post-doctoral fellows employed in university research laboratories are under the same duties of disclosure as their faculty-inventor counterparts.198 To the extent that TTOs shape monetary incentives for disclosure, graduate student researchers are likely to respond to such incentives due to relatively low salaries for the work completed.199 A graduate student in the sciences will work in a laboratory full-time for a principle investigator to gather research to write dissertations.200 Stipends for such research are set based on the grant funding mechanism.201 The National Institutes of Health (NIH) is the most common funding agency in medical sciences.202 The 2012 NIH stipend level for full-time 195. Thomas Edison, although best known for inventing the light bulb, did not work alone—his greatest invention may have been the research and development laboratory.2 At his Menlo Park and West Orange laboratories, he hired “muckers” to help perfect his ideas and develop new inventions.3 The collaboration with others worked well; Edison was a named inventor on 1093 U.S. patents, as well as 500-600 unsuccessful patent applications.4 This system of invention is the same model used in the laboratories of research universities, colleges, and non-profit research institutions across the country.5 A faculty member, called a principal investigator, leads a research team composed of a mix of research scientists, post-doctoral fellows, graduate students, and technicians.6 These research teams are responsible for thousands of new inventions across the country each year.7 Keywords: academic; act; bayh; disclosure; dole; faculty; graduate; incentives; invention; inventors; inventorship; laboratory; law; licensing; non; ownership; patent; policies; policy; post; process; research; researchers; revenue; students; supra note; technology; technology transfer; transfer; tto; universities; university; university research
• Permissive Justification by Miller, Eric J (2015) - Decisive reasons provide the decision-maker with a unique justification for their decision. If justification is successful only when based on decisive reasons, then many types of normative permission, and many of our practical decisions or actions, are unjustified. Keywords: action; agent; case; choice; conflict; decision; doctor; dworkin; example; gardner; judge; justification; law; model; patient; permissions; practice; raz; reasons; stakes; supra note; value; way
• Community-Based Tax Credits: Tax Credits That Reduce Consumer-Driven Pollution by Encouraging Collective Action by Leagre, Ryan (2015) - I:\28962 Indiana Law Rev 47-2\47masthead.wpd Indiana Law Review Volume 47 2014 Number 3 NOTES COMMUNITY-BASED TAX CREDITS: TAX CREDITS THAT REDUCE CONSUMER-DRIVEN POLLUTION BY ENCOURAGING COLLECTIVE ACTION RYAN LEAGRE* INTRODUCTION Kellen Bolden dreamed of being a millionaire.1 Then, at the age of ten, his dreams were destroyed.2 Kellen boarded his school bus after a day at Pointe South Elementary School, located in a community twenty miles south of Atlanta.3 Suddenly, without any warning, he collapsed onto the ground, gasping for breath.4 Despite urgent attempts to save his life, he passed away less than an hour later.5 The cause of death: asthma.6 The likely trigger: diesel exhaust from the school buses.7 Unfortunately, the loss of Kellen Bolden is not an isolated incident; Brennan Passons,8 Jovante Woods,9 and countless others, young and old, have lost their lives to asthma.10 In 2009, approximately one in ten children in the United States * J.D. Candidate, 2014, Indiana University Robert H. McKinney School of Law; B.A. 2008, Wabash College, Crawfordsville, Indiana. When first enacted in 2006, only 0.7% of new homes sold qualified for this credit.154 By 2011, 11% of new homes sold qualified for the tax credit.155 Similarly, tax credits for energy-efficiency improvements have also been shown to alter consumer behavior.156 In 2006, 4.3 million taxpayers claimed tax credits for energy-efficiency improvements.157 By 2009, this number rose to 6.8 million taxpayers.158 These tax credits have the ability to significantly reduce electricity demand and reduce air pollution and greenhouse gases.159 Some studies have found that energy-efficiency tax incentives, if implemented on a nation-wide scale, could reduce current electricity consumption by 23% by 2020, potentially abating 1.1 gigatons160 of greenhouse gases annually.161 The potential is there to significantly reduce energy consumption and air pollution, but the current tax credit system’s potential, particularly in regards to energy-efficiency tax credits, is not being fully exploited. Keywords: act; action; air; air pollution; behaviors; ccat; clean; community; consumer; control; credit; energy; group; incentives; individual; law; note; pollution; supra; supra note; tax; tax credit
• Follow the Leader: Why All States Should Remove Minimum Employee Thresholds in Antidiscrimination Statutes by Lewallen, Daniel (2015) - WHY STATE LAWS SHOULD REMOVE THE MINIMUM EMPLOYEE THRESHOLD A. Avoiding a Potential Constitutional Problem One might argue that, rather than allow state laws to remove this threshold, the end result might be better accomplished by removing the employee threshold from federal civil rights statutes. The dangers can be compressed into an overarching problem: individuals who work for companies that do not meet minimum employee thresholds are not afforded the same protections as employees who work for companies that employ the requisite number of employees. Keywords: act; antidiscrimination; businesses; employees; employer; employment; federal; harassment; law; laws; minimum; note; protection; rev; states; statutes; supra; threshold; title; u.s; vii
• Artificially "Natural": Class Action Lawsuits Attack Misleading "Natural" Claims in FDA's Absence by Thompson, Shea (2015) - Consequently, consumers are left with the dilemma of determining which labels to believe and, unfortunately, often select products based on misleading health claims.3 With health risks and obesity at an all-time high in America, “natural” eating has emerged as a new consumer trend.4 In the past decade, natural foods have transformed from a small “niche market” into a $22.3 billion industry5, and “all- natural” was the second most frequently used claim on new U.S. food products in 2008.6 IV. CLASS ACTION LAWSUITS ARE CURRENTLY, ABSENT AN FDA RULE, THE BEST SOLUTION TO PROTECT CONSUMERS AGAINST MISLEADING “NATURAL” CLAIMS Consumers are willing to pay more for natural foods due to a perceived higher quality and health and safety benefits associated with products labeled as “natural. Keywords: action; advertising; california; claims; class; consumer; definition; fda; food; hfcs; labeling; law; lawsuits; note; policy; products; supra; use
• Be Advised: Sweat the Small Stuff by Massa, Mark S (2015) - THE TAKEAWAY So, in light of this issue’s practical purpose, what lesson should practicing lawyers take away from this line of case law? Nearly two years later (just four days before the statute of limitations was to run), Webster’s lawyer placed a complaint, summons, appearance, and filing fee in an envelope to mail to the Morgan County Clerk for filing. Keywords: complaint; court; filing; ind; indiana; law; rule; statute; trial
• Survey of Indiana Administrative Law by Rompala, Joseph P (2015) - The Indiana legislature and courts have developed a specialized body of law to review and assess the actions of Indiana administrative agencies, often acting in a complex and unique role that straddles all three branches of government. A. Standard and Scope of Review In general, Indiana courts take a deferential stance when reviewing agency actions.2 This deference flows from the doctrine of the separation of powers, and is the result of the status of administrative agencies as executive bodies acting in * Director, Lewis & Kappes, P.C., Indianapolis, Indiana. Keywords: administrative; agency; appeals; board; court; decision; indiana; judicial; law; n.e.2d; public; review; trial
• Recent Developments in Indiana Business and Contract Law by Dorelli, Michael A; Turpin, Jonathan B (2015) - The court agreed that “if a contract is uncertain as to a material term such as price then Indiana courts may impute a reasonable price. ”195 However, courts use extreme restraint before applying rigid contract rules to the academic community.196 “Absent a showing of bad faith on the part of the university or a professor, the court will not interfere. Keywords: agreement; app; business; company; contract; corporation; court; ind; indiana; law; liability; llc; member; n.e.2d; party; trial; trial court
• Indiana Constitutional Developments: Small Steps by Laramore, Jon; Pulliam, Daniel E (2015) - The court concluded, however, that it is proper to deny bail in a category of the most serious cases—where murder is charged—if certain prerequisites are met.59 The court also explained that since at least 1866, Indiana courts have placed the burden on murder defendants to show that their offenses are bailable because the proof is not evident or the presumption not strong, requiring the defendant to prove that he should be admitted to bail.60 That presumption was enacted in Indiana Code section 35-33-8-2 in 1981.61 Article 1, section 11 of the Indiana Constitution contains language substantively identical to that found in the Fourth Amendment of the U.S. Constitution.173 Yet Indiana courts use a separate analytical framework for determining how article 1, section 11 applies to government actions.174 Using this separate analysis, Indiana courts have at times found protections of individual liberty in article 1, section 11 greater than those found in the Fourth Amendment.175 This survey period was no exception. Keywords: appeals; article; burden; constitutional; court; evidence; ind; indiana; indiana court; jury; law; n.e.2d; right; section; state; supreme court; trial; trial court
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M (2015) - Dismissed as Part of a Plea Agreement.—A 1986 supreme court opinion made clear that trial courts could not aggravate a sentence to compensate for disagreement with a jury’s verdict, i.e., acquittal on some counts.134 In Bethea v. State,135 the supreme court applied that precedent to the plea agreement context. When a habitual enhancement is filed less than thirty days before trial courts must grant a continuance to the State for good cause shown or to the defendant for any reason.35 II. Keywords: appeals; court; criminal; defendant; ind; indiana; law; n.e.2d; sentence; state; supreme; supreme court; trial; trial court
• Recent Developments in Indiana Evidence Law: October 1, 2012 to September 30, 2013 by Drew, Erica K; Wanker, Alicia A (2015) - The court noted that determinations as to witness competency are subject to the discretion of the trial court.132 When children are called to testify, it is appropriate for trial courts to consider the following in evaluating competency: (1) whether the child understands the difference between telling the truth and a lie; (2) whether the child knows she is compelled to the tell the truth; and (3) whether the child knows what a true statement is.133 Here, the trial court asked the child witness the following questions to determine if she was competent 125. The court in T.H. noted that despite no specific test being required, trial courts generally may consider (1) whether the technique has been or can be empirically tested; (2) whether the technique has been subjected to peer review and publication; (3) the known or potential rate of error, as well as the existence and maintenance of standards controlling the technique’s operation; and (4) general acceptance within the relevant scientific community.181 Keywords: appeals; court; evidence; ind; indiana; indiana court; law; n.e.2d; report; rule; testimony; trial; trial court; witness
• Survey of Recent Developments in Indiana Product Liability Law by Alberts, Joseph R; Thornburg, Robert B; Buttrick, Hilary G (2015) - 2014] PRODUCT LIABILITY 1131 or “sellers”14 and, therefore, proper defendants in Indiana product liability cases. Several of those cases have addressed who may file suit in Indiana as product liability plaintiffs because they are “users,”11 or “consumers. Keywords: bell; code; court; defect; inc; ind; indiana; ipla; law; liability; manufacturer; n.e.2d; plaintiff; product; seller; user
• Recent Developments in Indiana Taxation: Survey 2013 by Jegen, Lawrence A, III; Prescott, Peter; Thompson, Shea N (2015) - Assessor v. Verizon Data Services, Inc.194—This matter pertains to Verizon’s motion to dismiss the Assessors’ appeal pursuant to Indiana Tax Court Rule 4 and Indiana Trial Rules 12(B)(1), (2), (4), and (5). The DLGF issued a final determination approving IndyGo’s 2006 request but denying its 2007 request.158 IndyGo appealed this final determination to the Indiana Tax Court, arguing the DLGF’s determination was unlawful, not supported by the evidence, and an abuse of discretion.159 On appeal, IndyGo claimed the DLGF’s final determination was contrary to the law, because the DLGF did not follow the correct statutory procedure in determining the lack of property tax revenue shortfall in 2007.160 IndyGo acknowledged that neither the Code nor any DLGF regulation prescribes a method for calculating a property tax revenue shortfall, but nevertheless argued the DLGF’s calculation did not comply with clearly stated legislative policy.161 The Tax Court declined to overturn the DLGF’s final determination on this ground, as it would have required a reweighing of the evidence, which is not proper in reviewing administrative agency final determinations.162 IndyGo also challenged the DLGF’s final determination, because it was “not supported by the evidence” since the DLGF granted IndyGo’s 2006 request, which was computed using the same methodology as in the 2007 request.163 The Tax Court also declined to overturn the final determination on this ground because the administrative records showed the DLGF’s calculation found a shortfall in 2006 in the amount of $469,535.164 IndyGo only requested $344,478. Keywords: acts; assessment; assessor; code section; county; court; deduction; department; determination; income; ind; indiana board; indiana code; indiana tax; law; property; property tax; pub; state; tax; tax court; taxes; use; years
• Selected Developments in the Indiana Constitutional Law (1993-2012) by Sullivan, Frank, Jr (2015) - In this Article, I will describe some selected developments in Indiana Constitutional law during this timeframe. Price’s result was breathtaking: the Court held that Colleen Price had the constitutional right under § 9 to call Indianapolis police officers “motherfuckers” in a late-night encounter; her conviction for disorderly conduct was held unconstitutional.17 The Renaissance in Indiana Constitutional law was underway.18 Price was handed down on the morning of November 1, 1993. Keywords: art; boehm; case; claims; constitution; court; dickson; federal; indiana; indiana law; justice; justice dickson; law; legislature; n.e.2d; opinion; plaintiff; public; review; right; rucker; school; shepard; state; statute; supreme; supreme court
• In Windsor's Wake: Section 2 of DOMA's Defense of Marriage at the Expense of Children by Washington, Tanya (2015) - Brief for Amici Curiae Scholars of the Constitutional Rights of Children in Support of Respondant Edith Windsor Addressing the Merits and Supporting 4 INDIANA LAW REVIEW L. REV. 121, 131-51 (2010); Courtney G. Joslin, Searching for Harm: Same-Sex Marriage and the Well Being of Children, 46 HARV. Keywords: adoption; bans; child relationship; children; claims; couples; court; doma; families; family; interests; law; laws; marriage; non; note; parent; parentage; protection; recognition; relationship; rights; section; sex; sex couples; sex families; sex marriage; sex parents; state; supp; u.s; united; windsor
• Fake It till You Make It: A Justification for Intellectual Property "Piracy" by Gibbons, Llewellyn Joseph (2015) - Till You Make It, Close to Home1 ABSTRACT Economic development, especially in the Least Developed Countries (LDC), requires use of intellectual property without always compensating the rights holders in the most developed countries.2 Unconventionally, this Article uses neoclassical economics to provide a rational solution to access rights in the LDC while respecting the first principle of intellectual property right—utilitarianism. [Vol. 48:65 propose the critical rethinking of the scope of intellectual property rights. Keywords: article; author; copyright; countries; country; developing; development; discrimination; enforcement; goods; incentives; landes; law; ldc; ldcs; market; model; nations; note; pirate; posner; price; property; property rights; protection; rights; supra; u.s; uses; works
• Introduction: Governing Choices in the Face of a Generational Storm by Baker, Cynthia A (2015) - As state legislatures respond to the array of public policy issues arising from the influence of the new relationships between state governments and their respective elderly populations, the symposium provided a space for our legal community to explore the implications of those decisions on our work, our worldview, our budgets, and our futures. confronts the realities of managing state pension funds with the pensioners living longer than ever before.8 Whatever the approach, whatever the policy goal, state governments’ relationships with their elderly citizens are changing and present sometimes difficult choices. Keywords: abuse; attorney; care; elder; government; indiana; law; legal; professor; program; state; symposium
• Aging Populations and Physician Aid in Dying: The Evolution of State Government Policy by Orentlicher, David (2015) - Moreover, the right could be exercised not only by the terminally ill, but also by people who could expect with treatment to live for decades with a high quality of life.11 All medical treatments have side effects as well as benefits, and the law leaves it to the individual to decide whether the benefits are sufficient to outweigh the harms of treatment.12 In other words, quality of life is just as important as length of life, and people should be able to take into account both quality and length of life in making their medical decisions.13 On the other hand, no matter how sick a person became, no matter how terminal their disease, and no matter how great their suffering, there was no right to obtain a prescription for a lethal dose of medication.14 The law once drew a very bright line between treatment withdrawal, which was permitted,15 and suicide assistance, which was prohibited.16 In recent years, this sharp distinction between withdrawal of treatment and assisted suicide has begun to erode. Rather, for the same reasons that the law drew a sharp distinction between treatment withdrawal and suicide assistance, it is now relaxing the distinction.26 In other words, moral views about suicide assistance are not changing, but the law is being changed to better reflect the same moral views. Keywords: aid; death; dying; law; life; physician; suicide; treatment; withdrawal
• What the Future of Aging Means to All of Us: An Era of Possibilities by Morgan, Rebecca C (2015) - Many family caregivers make direct out-of-pocket expenditures to help support a family member or friend with a disability or chronic care needs. SUSANNAH FOX ET AL., PEW INTERNET: PEW INTERNET & AMERICAN LIFE PROJECT, FAMILY CAREGIVERS ARE WIRED FOR HEALTH (2013), available at http://pewinternet. org/Reports/2013/Family-Caregivers.aspx. 67. Keywords: age; aging; baby; boomers; care; caregivers; caregiving; communities; elder; family; future; generation; health; home; housing; law; need; note; people; percent; retirement; sandwich; services; supra
• The Open Government Clinic: Teaching the Basics of Lawyering by Rotenberg, Marc; McCall, Ginger; Horwitz, Julia (2015) - Requesters in the early days quickly found that the law did not work in practice.13 Agencies were slow to respond.14 There were few incentives for compliance.15 Agencies interpreted exemptions broadly.16 There was little judicial oversight.17 The 1974 amendments to the FOIA sought to remedy these problems.18 New provisions limited the fees that agencies could charge requesters, imposed deadlines by which FOIA requests must be processed, created procedures for the expedited processing of requests, allowed requesters to obtain attorneys’ fees and costs when they had “substantially prevailed,”19 and imposed sanctions against agency officials for arbitrary and capricious withholding of materials.20 When FOIA requesters today pursue FOIA requests, they are typically relying on the provisions added in the 1974 amendments.21 Since the 1974 amendments, there have been further changes to the law, typically with the goal of removing obstacles for requesters.22 Keywords: agencies; agency; appeal; body; case; clinic; dep’t; dhs; documents; education; epic; foia; foia request; government; homeland; information; law; list; litigation; media; note; open; privacy; public; request; review; school; students; supra; theory
• Privacy in the Digital Age by Waltz, D. Brent (2015) - See also id. at 1571-76 (noting that the disconnect between privacy laws and society’s privacy expectations is the result of legislation written before recent technological innovations). The most effective would be to adopt an amendment to the U.S. Constitution preventing the distinction between digital and written documents for the purposes of ascertaining privacy protection. Keywords: age; amendment; communications; digital; government; information; law; privacy; u.s
• Big Data: Catalyst for a Privacy Conversation by Jerome, Joseph (2015) - ”4 In popular imagination, big data can apparently do everything and anything. Its evangelists would suggest data holds near magical potential to change the world,5 while skeptics increasingly worry that it poses the biggest civil rights threat of our generation.6 Even if reality likely falls somewhere in between, there is little question that the advent of big data has altered our conversations about privacy. Keywords: big; big data; consumer; context; control; court; data; future; individuals; information; katz; law; new; note; nsa; policy; privacy; report; review; rights; society; states; supra; surveillance; technology; trust; u.s; united; use
• Criminalizing Bullying: Why Indiana Should Hold the Bully Responsible by Albertson, Alicia K (2015) - [Vol. 48:243 legislation, including Indiana.52 Between 1999 and 2010, more than 120 pieces of legislation were enacted to address bullying in schools.53 Forty-five states require school districts to adopt policies regarding bullying.54 C. The Problems Bullying Creates With evidence of consistent, repeated instances of bullying occurring across the United States, bullying continues to remain a problem in many schools.55 A student who is bullied can face a variety of mental, emotional, and physical issues, including emotional distress, and even death.56 According to a report by Fight Crime: Invest in Kids, eight percent of girls who are frequently bullied are suicidal, and four percent of boys who are frequently bullied are suicidal.57 Although only a small fraction of bullied students are suicidal, Indiana has experienced several recent bullying-related suicides of students.58 Anecdotal evidence supports the conclusion that suicide due to bullying is also a problem in Indiana.59 As previously mentioned, there have been several instances of teens committing suicide in Indiana due to bullying within the past five years.60 Like Angel Green, many students feel hopeless because of their victimization, and commit suicide as a means of escape.61 Many states also value the training of school staff, and twenty-five states mandate that districts develop and implement such training.115 Additionally, twenty states have legislation requiring districts to employ bullying prevention, education, and awareness for students.116 While these provisions have provided some relief for bullied students, these measures are not effective enough.117 C. Reporting According to the U.S. Department of Education, thirty-six states have legislation requiring school districts to establish reporting procedures.118 Additionally, twenty-two states have laws requiring school districts to adopt policies that either mandate or encourage school staff to report instances of bullying.119 Eighteen states have legislation including “language regarding written documentation of bullying complains [sic] and investigations. Keywords: bullying; code; criminal; indiana; jersey; juvenile; law; legislation; new; note; percent; policy; prevention; report; school; states; students; supra; supra note; survey
• The Quiet Crisis: The Kernan-Shepard Report and Indiana's Need to Eliminate Township Government by Cline, Patrick M (2015) - It is unlikely that this is the last of the debate as legislators will likely reexamine the issue, the local impact, and modifications in upcoming legislative sessions.248 The combination of the strong political desire from the Governor’s office, General Assembly and the powerful political pushback from local officials demanding replacement revenue with additional local options creates a unique opportunity to reintroduce the concept of township government reform. Eric Bradner, Two Sides of the Same Story: Indiana’s Traditional Township System has Critics and Defenders, EVANSVILLE COURIER & PRESS, Nov. 15, 2009, at A1, available at http://www.courierpress.com/news/local-news/two-sides-of-the-same-story (noting that less than half of Indiana townships filed their reports on time in 2009). Keywords: assessor; author; balances; commission; consolidation; cost; county; creek; duties; file; government; indiana; indianapolis; interview; ita; law; marion; note; political; property; reform; report; services; star; state; support; supra; supra note; tax; township; township government; voters
• Peremptory Challenges to Jurors Based on Sexual Orientation: Preempting Discrimination by Court Rule by Last, Esther J (2015) - [Vol. 48:313 by law universally permitted; however, jurisprudential action has somewhat changed the application of these challenges.9 Peremptory challenges are now susceptible to objection, called a Batson challenge, by the non-striking party if the non-striking party suspects that the seating of the potential juror is being challenged as an act of discrimination based on race, ethnicity, or sex.10 To date, Batson challenges have only been allowed based on these three classes.11 Protection of jurors in only these three classes is inadequate to ensure a true cross section of the community or to protect the rights of gay, lesbian, and bisexual citizens to serve on juries. [Vol. 48:313 challenges.27 Peremptory challenges are now susceptible to objection, called a Batson challenge, by the non-striking party if the non-striking party suspects a potential juror is being struck as an act of discrimination based on race, ethnicity, or sex.28 To date, Batson challenges have only been allowed based on these three classes.29 Several distinct yet related interests are at stake when considering the discriminatory application of peremptory challenges. Keywords: batson; case; challenges; class; court; discrimination; juror; jury; law; note; orientation; protection; state; u.s
• Allowing Patent Validity Challenges Despite No-Challenge Clauses: Fulfilling the Will of King Lear by Pittman, Dylan (2015) - Specifically, patent licensees should only be prohibited from challenging patent validity when such validity has already been established by a consent decree or final court order or when an NCC has been entered into mid-litigation, after the parties have had an opportunity to conduct discovery. In other words, if NCCs are held enforceable, then licensees cannot challenge patent validity in litigation, regardless of whether the licensee is the plaintiff or defendant.19 Since the U.S. Supreme Court handed down a seminal decision in 1969 in Lear, Inc. v. Adkins,20 courts have evaluated the enforceability of NCCs using a balancing test, with hefty values occupying both sides of the scale.21 Two arguments weigh in favor of the enforceability of NCCs. Keywords: agreement; challenge; cir; circuit; court; inc; law; lear; licensee; licensing; litigation; ncc; nccs; note; patent; pre; rates; supra; u.s; validity
• Can I Profit from My Own Name and Likeness as a College Athlete?: The Predictive Legal Analytics of a College Player's Publicity Rights vs. First Amendment Rights of Others by Groves, Roger M. (2014) - This is precisely the value of data mining: with large quantities of diverse data, mathematical algorithms can be applied to identify useful but unintuitive correlations between inexpensively observed characteristics that can be exploited to make significantly more accurate predictions.290 These techniques are already being used to predict the highest interest rate a person is likely to accept when taking out a loan or the “pain point” for the upper limit of what a borrower would pay in a transaction.291 Such predictive data can be invaluable to a lender in both circumstances.292 The same techniques can have considerable utility in publicity rights cases. That is a likely future battleground in publicity rights cases, because the essential question is whether the public buys an item more because of the celebrity or, conversely, the work that used the NIL of that celebrity. Keywords: amendment; arts; athlete; author; cal; cases; celebrity; cir; college; court; electr; elements; game; hart; hart v.; inc; keller; keller v.; law; ncaa; nil; players; publicity rights; transformative; use; value; video; work
• All Together Now: Using Principles of Group Dynamics to Train Better Jurors by Gordon, Sara (2014) - One study of navy bombing crews found that when the captain suggested an answer to a navigation problem, other members of the crew were more likely to accept the answer than they were when it came from the navigator, even though the navigator was more likely to have the correct answer.92 Status within juries similarly forms very quickly after the group is composed, often before group members engage in any real interaction with one another.93 One explanation for this immediate status hierarchy is that group members have certain expectations about each other and how much they are likely to contribute to the group.94 When the jury forms, its members will evaluate each other and decide how much value they think individual members can provide to the group; those perceived as being the most vital will be given the highest status.95 These expectations can be based on immutable characteristics like race, age, or gender, as well as on information group members reveal about themselves, like occupation or prior jury experience.96 Levine & Moreland, supra note 88, at 600 (“[A] person's status often affects his or her relations with other group members. Keywords: behavior; decisionmaking; decisions; et al; evidence; foreperson; group; group decisionmaking; group dynamics; group members; individual; information; juries; jurors; jury; law; loafing; members; norms; people; performance; process; psychol; review; role; social; status; strategies; studies; study; supra note; time; training; trial; verdict; work
• Corporations and Religious Freedom: Hobby Lobby Stores--A Missed Opportunity to Reconcile a Flawed Law with a Flawed Health Care System by Melone, Matthew A. (2014) - In 2015] CORPORATIONS AND RELIGIOUS FREEDOM 471 subject to RFRA except for statutes that were adopted after November 16, 1993, and explicitly excluded themselves from its strictures by reference to RFRA.57 Under the statute, the exercise of religion is defined as any exercise of religion, whether or not compelled by, or central to, a system of religious belief.58 II. BURWELL V. HOBBY LOBBY STORES, INC. A. Factual Background Conestoga Wood Specialties Corp. is a fifty year old for-profit corporation organized under the laws of Pennsylvania that employs 950 people.59 The corporation’s voting stock is held entirely by the founder, his wife, and three sons, all of whom are devout Mennonites.60 The Mennonite Church opposes abortion, and the shareholders operate the corporation in accordance with their religious principles.61 The corporation objected to two of the drugs for which coverage was mandated under the administrative guidelines implementing the requirements of the Patient Protections and Affordable Care Act because it believed that such drugs were abortifacients.62 Consequently, the provision of insurance coverage for the purchase of such drugs violates its religious beliefs.63 The Third Circuit, affirming the district court’s denial of injunctive relief, rejected the corporation’s claims that the contraception mandate violated RFRA and the First Amendment because, in the court’s opinion, a for-profit secular corporation cannot engage in religious exercise and is therefore protected neither under RFRA nor the First Amendment.64 The court also rejected similar claims brought by the that case, the Court held that RFRA as applied to the states exceeded Congress’ authority to enforce the Fourteenth Amendment. The language of the statute, as originally enacted, referred to freedom of religious exercise under the First Amendment and not to freedom of religious exercise under existing Court precedent.100 In any event, later amendments to the statute resolved any ambiguity that may have existed in this respect.101 Justice Ginsburg’s dissent disagreed with this interpretation of congressional intent.102 Referencing the express language of the statute, case law, and legislative history, she believed that RFRA was enacted to restore, by statute, the religious protections that the Court curtailed in Smith but nothing more.103 According to Justice Alito, a concession that RFRA incorporated pre-Smith law into the statute is not a concession of the point at issue because pre-Smith law implicitly recognized the standing of for-profit corporations to assert a free exercise claim.104 Referring to Title VII of the Civil Rights Act and an anti-discrimination statute relating to abortion, the Court stated that Congress has shown that it is capable of specificity when it wants to exclude for-profit corporations from the benefits of religious accommodation.105 Finally, Justice Alito dismissed the notion that the practical difficulties of applying RFRA to for-profit corporations are evidence of the congressional intent to exclude them from the application of the statute.106 There is little or no 97. Keywords: act; burden; burwell; care; case; contraception; corporations; court; coverage; exercise; freedom; government; health; hobby; individual; insurance; justice; law; mandate; patient; profit; protection; religion; rfra; rights; states; statute; tax; u.s; united
• Financing Innovation: Legal Development of Intellectual Property as Security in Financing, 1845-2014 by Nguyen, Xuan-Thao (2014) - This part analyzes early cases, including the seminal case, Waterman v. Mackenzie,12 in patent mortgages, and their significance in recognizing the incorporeal property and the right of the mortgagee. Id. 2015] FINANCING INNOVATION 517 and distinguished patent mortgages from land mortgages.62 The Court observed that, in a land mortgage transaction, even without possession of the land, the mortgagee may obtain an “action for an injury to his interest,” an injunction or damages for activities as “tends to impair the value of the mortgage security, or as is not allowed by good husbandry or by express or implied license from the mortgagee. Keywords: article; assets; assignment; bank; business; co.; collateral; copyright; court; federal; financing; inc; infringement; innovation; intellectual; interest; law; mortgage; party; patent; property; rights; security; security interest; small; states; title; trademarks; united; use
• Asset Acquisitions: Things That Make You Go Hmmmm...Are You Really Entitled to That Beloved Occasional Sale Exemption? by Outenreath, Alyson (2014) - See generally Lieberman, supra note 21, at 11; Millar, supra note 26, at 37-38 (discussing differences among the states regarding to occasional sale exemptions). See generally HELLERSTEIN ET AL., supra note 24, at 715 (discussing miscellaneous exemptions and exclusions from sales and use taxes, including occasional sale exemptions). Keywords: asset sale; assets; business; buyer; code; law; notes; permit; property; requirement; sale exemption; sales; sales tax; seller; state; supra note; texas; text; tpp; transfer; trap; unwary; use
• The Future of the Digital Millennium Copyright Act: How Automation and Crowdsourcing Can Protect Fair Use by Eakman, Adam (2014) - Professor Barton Beebe, in An Empirical Study of U.S. Copyright Fair Use Opinions, 1978-2005, studied every published opinion that considered fair use from 1978-2005 and found that judges regularly fall into patterns with their decisions and follow predictable trends when deciding fair use cases.223 Building on his work, Pamela Samuelson concluded, after her own empirical study of the data, that “copyright fair use case law is more coherent and more predictable than many commentators seem to believe. Because fully-automated systems cannot totally distinguish piracy from fair use, relying solely on automated systems will result in the removal of non-infringing material and may even lead to legal liabilities under the DMCA. Keywords: 512(f; automation; content; copyright; court; dmca; dmca takedown; fair; internet; law; material; note; piracy; process; requests; section; supra; takedown; use; video; youtube
• Indiana's Midwifery Statute and the Legal Barriers That Will Render It Unworkable by Rouse, Joanne (2014) - The bill’s sponsor, Assemblywoman Susan Bonilla, explained that “[t]his is a historic new law because it finally ensures that women who choose to have midwives deliver their babies will have the peace-of-mind knowing that proper safeguards are in place to provide them with physician care if necessary. [hereinafter Proposed HB 1135] (requiring CDEMs to maintain sufficient liability insurance “if the board finds: (A) liability insurance is available to [CDEMs] in Indiana; and (B) the cost of liability insurance is comparable to the cost of liability insurance for licensed home birth midwives in other states,” but the committee rejected this version of HB 1135) (emphasis added). Keywords: ann; california; care; cdem; childbirth; code; dems; entry; health; hospital; indiana; insurance; law; liability; medical; midwifery; midwives; physician; practice; right; state; statute; supra note; women
• Protecting the Rights of Children of Same-Sex Parents in Indiana by Adopting a Version of the Uniform Parentage Act by Traylor, Elizabeth (2014) - THE UNIFORM PARENTAGE ACT AND APPLICATION TO INDIANA In 1973, the Uniform Law Commission drafted the Uniform Parentage Act (“UPA”), which confirmed that “[t]he parent and child relationship extends equally to every child and every parent, regardless of the marital status of the parent. App. 2004) (holding that a same- sex partner may adopt biological children of her partner). 128. Keywords: a.c; child; children; court; family; father; indiana; law; mother; parent; parentage; partner; relationship; rights; sex; u.s
• Information Flooding by Schulz, Karen Bradshaw (2015) - In 1990, Congress began requiring nutrition labels on packaged foods.224 Giving consumer information, advocates promised, would help them make smarter choices.225 But, it highlights that as long as companies can respond to information disclosures and de-biasing, they will quickly innovate around mandatory disclosure designed to protect consumers.276 Regulators are caught in a bad relationship with mandated disclosure. Keywords: 48:755; agencies; article; choice; collection; companies; consumer choice; consumers; debt; decision; disclosure; environmental; facts; firms; good; government; green; indiana; information; information flooding; information intermediaries; information overload; intermediaries; law; making; market; new; performance; practices; process; products; public; regulation; rev; review; solutions; supra note; time; vol
• Paved with Good Intentions: Unintended Consequences of Federal Proposals to Integrate Child Support and Parenting Time by Brustin, Stacy; Martin, Lisa Vollendorf (2015) - The report concludes that the “[c]ustodial families most likely to receive [state child support] services are poor, never- married, younger, and less educated” than custodial families not receiving state child support services. [Vol. 48:803 the amount of child support paid under state child support guidelines.236 In most states, visitation orders specify the parameters by which parents may spend time with their children; they do not impose an enforceable obligation for parents to do so.237 Keywords: agencies; ann; assistance; cases; child custody; child support; children; code; court; custody; families; family; fathers; federal; income; issues; law; orders; parenting; parenting time; parents; proceedings; process; programs; rev; rights; services; state child; states; support enforcement; support orders; supra note; tanf; time; u.s; violence; visitation; west
• The Illusion of Equality: The Failure of the Community Property Reform to Achieve Management Equality by Carter, Elizabeth R. (2015) - Community property laws can no longer be honestly described as “a vehicle to ensure the devotion of the couple’s resources to this unique partnership’s purpose: the well-being and future prosperity of the family the couple creates” unless the wife and children are not considered a part of that family.17 Today, wives in community property states have no better rights than wives in separate property states. Transaction Accounts—Exempt from Equal Management.—Transaction accounts—the very place where most couples store their day-to-day spending money—are wholly exempt from community property management laws. Keywords: accounts; allocative; assets; bank; code; community; community property; control; couples; equality; husband; law; laws; management; marriage; money; property; rev; rights; spouse; states; supra; supra note; system; texas; wife; women
• More Than a Woman: Insights Into Corporate Governance After the French Sex Quota by Rosenblum, Darren; Roithmayr, Daria (2015) - Catalyst concluded that firms with the greatest proportion of women board members showed significantly higher returns on investment (“ROI”), return on equity (“ROE”), and return on invested capital than those with the smallest proportion. Participants reported that women board members were more “detail oriented,”119 or as others put it, more “methodical.” Keywords: board; board members; companies; corporate; decision; des; differences; directors; diversity; experience; female; firms; foreign; france; french; governance; interview; law; les; making; members; note; participants; percent; performance; process; quota; research; sex; study; supra; women
• The Retroactivity of Substantive Rules to Cases on Collateral Review and the AEDPA, with a Special Focus on Miller v. Alabama by Zarrow, Jason M.; Milliken, William H. (2015) - And the Court itself has only rarely applied the principle that substantive rules are retroactively applicable on collateral review.22 A likely reason for the lack of focus on the substantive component of Teague is the fact that the Court’s retroactivity jurisprudence was a response to the Warren Court’s “rights revolution,” which, by and large, promulgated new rules of criminal procedure, not new substantive rules of criminal law. Recall that the Court has stated since Teague that Teague’s “exception” to nonretroactivity for new substantive rules is not really an “exception” at all.372 Instead, substantive rules are simply “not subject to the bar”—that is, they apply to all convictions, period, no matter when the conviction became final.373 If substantive rules are not subject to the Teague bar on retroactive application of new rules, they logically would not be subject to § 2254(d)(1)’s Keywords: 2254(d)(1; cases; collateral; court; decision; exception; federal; habeas; harlan; jurisdiction; justice; law; miller; new; note; petitioner; punishment; relief; retroactivity; review; rule; sentencing; state; state court; statute; supreme court; teague; u.s; united; writ
• It's Not Personal, It's Just Business: The Economic Impact of LGBT Legislation by Box, Lauren (2015) - See id. at 248 (stating that “[i]n the aftermath of Baehr, a virtual flood of state legislation occurred throughout the United States”). Part II introduces economic studies presenting empirical data supporting the correlation between pro-LGBT legislation and economic performance, and also highlights success stories from other states. Keywords: amendment; business; court; economic; florida; gay; impact; indiana; investment; law; legislation; lgbt; lgbt legislation; marriage; note; rights; sex; sex marriage; states; supra note; tolerance; united
• Reasonable Royalty Patent Infringement Damages: A Proposal for More Predictable, Reliable, and Reviewable Standards of Admissibility and Proof for Determining a Reasonable Royalty by Dodge, Reid E. (2015) - Reasonable royalty damages are generally calculated using standards that seek to determine at what value a willing patentee and a potential licensee would have agreed to license the patent, assuming the patent is valid and infringed (“the hypothetical negotiation”).47 In other words, the determination considers how much the patentee would have made in licensing royalties from the infringer if no infringement had occurred.48 The calculation of reasonable royalty damages generally involves the testimony of damages experts49 and a consideration of the ubiquitous, non- exclusive factors set forth in Georgia-Pacific Corp. v. U.S. Plywood Corp.50 Indeed, many companies would cease to exist were it not for the limited-time monopoly granted by patents.2 In light of the importance of patents, it is equally important that the legal frameworks under which the United States patent system operates are robust; one such framework is the standard for assessing reasonable royalty damages. Keywords: cir; corp; court; damages; evidence; expert; factors; fed; framework; georgia; inc; law; license; litigation; note; pacific; patent; royalty; royalty damages; supra
• Preserving Liberty While Increasing Safety: Why Indiana Should Outlaw Sobriety Checkpoints by Vissing, Jacob (2015) - App. 1994); Commonwealth v. Tarbert, 535 A.2d 1035 (Pa. 1987); State v. Tilton, 561 N.W.2d 660 (S.D. 1997) (discusses in dicta the constitutionality of sobriety checkpoints); State v. Downey, 945 S.W.2d 102 (Tenn. 1997); State v. Martin, 496 A.2d 442 (Vt. 1985); Lowe v. Commonwealth, 337 S.E.2d 273 (Va. 1985); Carte v. Cline, 460 S.E.2d 48 (W. Va. 1995); see also Sobriety Checkpoint Laws, GOVERNORS HIGHWAY SAFETY ASSOCIATION (Jan. 2015) http://www.ghsa.org/html/stateinfo/laws/checkpoint_laws.html, archived at http://perma.cc/6DCS-PXCK (listing sobriety checkpoint laws by state; South Carolina does not have a statute or court case expressly addressing sobriety checkpoints). 23. Instead, the courts chose to cast aside long-standing privacy protections and concerns, in favor of treating all motorists as suspects under the veil of public safety.210 B. Maximizing Enforcement and Deterrent Value Despite the shortcomings and dangers of sobriety checkpoints and the controversy surrounding their use, law enforcement officers and policy makers can borrow ideas from sobriety checkpoint programs to make less intrusive tactics more effective. Keywords: checkpoints; court; driving; drunk; enforcement; indiana; law; note; police; public; safety; sitz; sobriety; sobriety checkpoints; state; supra; supreme; u.s
• Front Matter by Law Review, Indiana (1973) - Single copies, $2.00. Send all correspondence to Business Manager, Indiana Law Review, Indi- ana University Indianapolis Law School, 735 West York Street, Indi- anapolis, Indiana 46202. 432 The Indiana Law Review is the property of Indiana University and is published six times yearly, November, December, January, March, April, and May, by the Indiana University Indianapolis Law School which assumes complete editorial responsibility therefor. Keywords: indiana; law
• The American Contract System: Today and 2001 by Sweet, Justin (1973) - As for the difficulty of collecting damages, this law- yer will focus upon methods of securing performance, such as requiring that a bond be obtained,' requiring that a solvent third party act as a guarantor, ^° creating a security interest in specific property, ^^ or setting up a provision authorizing his client to with- hold funds as security for damage claims.^^ Also, the lawyer's legal education and experience are instru- mental in his utilization of contract clauses to coerce performance, such as provisions for express conditions to payment,^^ provisions which, though disguised as liquidated damages or alternative per- formances, are, in effect, penalty clauses,^* and provisions allow- ing termination. To give his client maximum protection, the lawyer, in his role as advocate, relies heavily on contract clauses to give his client advantages if litigation develops. Keywords: adhesion; agreement; american; cal; century; clause; co.; computer; contract; controls; court; form; law; lawyer; parties; party; public; rules; state; system; terms; transaction; weaver
• Sentencing Provisions in Proposals for a New Federal Criminal Code by Stanton, Nile (1973) - It will, however, reduce the excessively long sentences served by some offenders for whom such sentences are inappropriate. However, the majority opined that judicially imposed minima should be allowed because, [i] rrational as it is, the climate of public opinion demands it, and sentencing courts are in the best position to ascertain when such sentences should be imposed. Keywords: class; commission; criminal; felony; law; sentence; term; years
• Products Liability in Indiana: Can the Bystander Recover? by Giddings, Lawrence D. (1973) - '^ Twenty years passed be- fore MacPherson was cited with approval by Indiana courts. ^^ The injured bystander faces a true dichotomy with his law suit in Indiana courts. Keywords: bystander; court; indiana; law; liability; manufacturer; plaintiff; privity; products; recovery
• Survey of Indiana Administrative Law by Rompala, Joseph P. (2015) - The court concluded that HRC had acted within a reasonable time of the motion to dismiss for lack of standing thus making the substitution timely.158 The court of appeals also responded to Myers’ argument that HRC could not use Trial Rule 17 to amend the petition for review after the statutory thirty-day deadline had passed.159 In rejecting this argument, the court examined other cases in which courts had allowed the amendment of petitions outside statutory time limits, but within the time limits set by court rule, to “relate back” to the original filing date of a petition.160 Noting that “a court rule providing for time in addition to that permitted by AOPA is authorized by AOPA, and presents no conflict with the statute[,]” the court of appeals concluded that Rule 17 allowed for the substitution of the real party in interest following the timely filing of a petition for judicial review even if the petition had originally been filed by a party without standing as required by statute.161 As the foregoing cases illustrate, even though a bright-line rule has been imposed with regard to compliance with one statutory procedure to obtain judicial review, imperfect compliance with the statute is not always a bar to review.162 Practitioners, however, would do well to note the repeated emphasis 152. [Vol. 48:1147 agencies as executive bodies empowered by the legislature and is thus derived from the doctrine of the separation of powers.3 While it does not apply to all agencies, Indiana’s Administrative Orders and Procedures Act (“AOPA”) sets out the basic, principled limitations placed on judicial review of administrative decisions by declaring that a court may only overturn a decision by an administrative agency when the decision is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity; (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (4) without observance of procedure required by law; or (5) unsupported by substantial evidence.4 The following section reviews how courts have reviewed certain agency actions within this structure and how courts have drawn the line between the role of the court and the role of the agency. Keywords: administrative; agency; appeals; case; court; ind; indiana; judicial; law; review; trial; trial court
• Banking, Business, and Contract Law by Sullivan, Jr., Frank (2015) - Whatever the appellate rules may be at the moment about the citation of memorandum decisions, they contain critical guidance on Indiana law and cannot be ignored.1 This Article does not itemize every banking, business, and contract law case decided during the survey period. While it is likely that Indiana courts would have reached the same conclusion as that reached by the Delaware Chancery Court in Boilermakers,302 the amendment to the statute definitively answers the question.303 Whether Indiana corporations will—or should—take advantage of this authority are, of course, different questions. Keywords: agreement; app; appeals; bank; business; case; co.; contract; corporation; court; inc; ind; indiana; insurance; interest; issue; law; llc; mortgage; n.e.2d; party
• Developments in Indiana Constitutional Law: A New Equal Privileges Wrinkle by Laramore, Jon; Pulliam, Daniel E. (2015) - ”34 Steiler’s analysis also is similar to the analysis Indiana courts apply under the special laws clause in article 4, section 23.35 The Indiana Supreme Court applied the free expression provisions of the Indiana Constitution to a case involving threats.4 And, as in most years, the supreme court and court of appeals issued decisions continuing to develop Indiana’s unique constitutional doctrines regarding searches and seizures and multiple-punishments double jeopardy.5 I. EQUAL PRIVILEGES AND IMMUNITIES The Indiana Supreme Court broke new analytical ground applying the equal privileges and immunities clause, article 1, section 23, in Paul Stieler Enterprises, Inc. v. City of Evansville.6 The court applied the clause to Evansville’s ordinance banning smoking in most public places, including bars * Keywords: appeals; article; brewington; court; evidence; indiana; law; n.e.3d; section; state; supreme; supreme court; trial
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M. (2015) - But in egregious cases where juror conduct fundamentally compromises the appearance of juror neutrality, trial courts should skip Currin’s two-part inquiry, find irrebuttable prejudice, and immediately declare a mistrial. At all times, trial courts have discretion to decide whether a defendant has satisfied the initial two-part showing necessary to obtain the presumption of prejudice or a finding of irrebuttable 53. Keywords: app; appeals; court; defendant; evidence; ind; indiana; law; n.e.3d; offense; person; sentence; state; supreme; supreme court; trial; trial court
• Recent Developments in Indiana Family Law by Higdon, Amy E.; Barry, Emily J. (2015) - The court of appeals did, however, reverse the trial court’s decision on the health insurance credit and application of Social Security Retirement benefits and both parties appealed.369 However, on transfer, the Indiana Supreme Court affirmed the trial court’s decision, acknowledging that, although individual courts may adopt different approaches when establishing a support obligation, when the Guidelines do not specify a bright-line procedure, courts must tailor child support orders based on the individual circumstances of the parties and apply the Guidelines to the circumstances with their best judgment, as the trial court did in this instance.370 In analyzing the calculation of mother’s health insurance credit, the Indiana Supreme Court cited language from Indiana Child Support Rules and Guidelines, Guideline 3(E)(2) and the corresponding commentary requiring that the children’s portion of the health insurance premium be credited, which gives rise to this issue on appeal.371 Here, father argued that the trial court’s calculation of the health insurance premium includes a portion for mother’s subsequently born child, but the supreme court held that although the trial court’s methodology may not have been the most mathematically accurate means to calculate the appropriate health insurance credit due to mother’s subsequently born child, the trial court used its best judgment in assessing the children’s health insurance premium.372 Father’s proposal for the health insurance credit, furthermore, was not a realistic option in light of the plans available through mother’s employer, as his request to base the credit consistent with an “employee plus one” policy would not cover mother and the parties’ two children even without considering mother’s subsequently born child.373 Father’s Social Security Retirement benefits were also a factor to be considered when establishing the new child support figure.374 With this issue, the 365. Id. at 408-09 (citing D.C. v. J.A.C., 977 N.E.2d 951, 956 (Ind. 2012) (referencing deference to trial courts in light of their unique, direct interactions with the parties face-to-face, over an extended period of time, thereby enabling trial courts to assess credibility and character). Keywords: appeals; child; children; code; county; custody; family; father; husband; ind; indiana; indiana court; law; marriage; mother; n.e.2d; order; parenting; parties; petition; support; time; trial court; visitation; wife
• Developments in Intellectual Property Law: October 1, 2013 - September 30, 2014 by Carter, Trevor; Prill, Leslie; Morton, Trenton (2015) - April 2014.106 The Court then issued an opinion in June 2014 in which it set out a new standard for considering the definiteness of patent claims—whether the “claims, viewed in light of the specification and prosecution history, inform those skilled in the art about the scope of the invention with reasonable certainty. Several Supreme Court cases, each delineating the bounds of inventiveness, supported this proposition.266 First, Mayo showed that “‘[s]imply appending conventional steps, specified at a high level of generality,’ was not ‘enough’ to supply an ‘inventive concept. Keywords: case; circuit; claims; copyright; court; district; district court; federal; fees; inc; justice; laches; law; octane; patent; review; sandoz; supreme; teva
• Recent Developments in Indiana Taxation Survey 2014 by Jegen III, Lawrence A.; Prescott, Peter; Madore, Jacob (2015) - However, the Assessor’s brief did not address the merits of the case but instead provided a legal argument to support the motion to dismiss; specifically, that the Joneses had failed to timely file a request for the IBTR to prepare a certified copy of its administrative record as the Joneses were required to do through Indiana Tax Court Rule 3.216 If the petitioner does not include in the petition a request that the IBTR prepare a certified copy of the agency record, then the petitioner is required to file a separate request for such record through Indiana Tax Court Rule 3, section (e).218 In Indiana Tax Court Rule 3, section (b), the petitioner is required to request the IBTR to prepare a certified copy of the agency record within thirty days after filing the petition.219 Keywords: acts; assessment; assessor; code; code section; county; credit; department; determination; dlgf; ibtr; income; ind; indiana code; indiana department; indiana tax; law; property; property tax; pub; state; tax; tax court; taxpayer; use
• Recent Developments in Indiana Tort Law by Kruse, Paul S.; Drew, Robert; Morris, Larry; Craig, Lori M. (2015) - In this case a homeowner brought an action in small claims court against a driver who lost control of her vehicle and caused damage to the homeowner’s yard.41 Courts will not uphold fraud, or presume the Legislature intended to do so by allowing one in a confidential relationship to conceal an injury done another until the statute of limitations has run. Keywords: action; app; attorney; case; claim; court; damages; estate; indiana; indiana court; judgment; law; lax; n.e.2d; policy; rule; statute; summary; trial court
• Selected Developments in Indiana Juvenile Justice Law (1993-2012) by Sullivan, Jr., Frank (2015) - In fall 2014, national sports news was focused in part on child abuse case of professional football star Adrian Peterson. Willis, 888 N.E.2d at 182; RESTATEMENT (SECOND) OF TORTS § 150 (1965) (“In determining whether force or confinement is reasonable for the control, training, or education of a child, the following factors are to be considered: (a) whether the actor is a parent; (b) the age, sex, and physical and mental condition of the child; (c) the nature of his offense and his apparent motive; (d) the influence of his example upon other children of the same family or group; (e) whether the force or confinement is reasonably necessary and appropriate to compel obedience to a proper command; (f) whether it is disproportionate to the offense, unnecessarily degrading, or likely to cause serious or permanent harm.”). 172. Keywords: abuse; act; adult; care; case; child; children; code; court; criminal; indiana; justice; juvenile; juvenile court; law; n.e.2d; neglect; parent; review; rights; services; state; supreme; system; welfare; years
• Front Matter by Law Review, Indiana (1974) - Send all correspondence to Business Manager, Indiana Laiv Review, Indi- ana University Indianapolis Law School, 735 West New York Street, Indi- anapolis, Indiana 46202. 601 The Indiana Law Review is the property of Indiana University and is published six times yearly^ November, December, January, March, April, and May, by the Indiana University Indianapolis Law School which assumes complete editorial responsibility therefor. Keywords: indiana; law
• Allis-Chalmers Recycled : A Current View of a Union's Right to Fine Employees for Crossing a Picket Line by Archer, Edward P. (1974) - This case related to union fines imposed for alleged failure to perform required picketing duty and back dues for the period of suspension which the union required the employee to pay before it would remove him from a status of Coventry in which union employees were directed not to speak to him. Still, when the benefit involved is a condition of employment, the Board would find a union in violation of section 8(b) (1) (A) should it threaten to withhold the condition of employment if union fines are not paid. Keywords: allis; board; chalmers; court; employees; employer; fines; law; membership; section; state; strike; supreme court; u.s; union; union fines; union membership
• Front Matter by Law Review, Indiana (1974) - Send all correspondence to Business Manager, Indiana Law Review, Indi- ana University Indianapolis Law School, 735 West New York Street, Indi- anapolis, Indiana 46202. 761 The Indiana Law Review is the property of Indiana University and is published six times yearly, November, December, January, March, April, and May, by the Indiana University Indianapolis Law School which assumes complete editorial responsibility therefor. Keywords: indiana; law
• Indiana's Flawed Religious Freedom Law by Katz, Robert (2015) - Section 6 provides that “[a]s used in this [Act], ‘governmental entity’ includes the whole or any part of a branch, department, agency, instrumentality, official, or other individual or entity acting under color of law of any . . . Id. § 34-13-9-6 (“As used in this chapter, ‘governmental entity’ includes the whole or any part of a branch, department, agency, instrumentality, official, or other individual or entity acting under color of law of any of the following: (1) State government. Keywords: act; burden; entity; exercise; government; indiana; law; party; person; religion; religious
• Online Learning Grows Up--And Heads to Law School by Huffman, Max (2015) - An increasing percentage of law students have taken at least one, and3 some have taken several, online courses before matriculating into the J.D. program.4 T he legal academy has been slow to catch on. ABA-7 accredited online law schools are several years away— at least in regards the J.D. degree. Keywords: aba; class; classes; course; design; discussion; education; faculty; indiana; j.d; law; law school; learning; legal; note; online; process; program; school; standards; students; supra; teaching; time
• Civility in the Age of the Internet: Criticizing the Courts by McLachlin, Beverley (2015) - ”29 To be clear, my concern is not that judges and judicial decisions are being criticized - that is normal in a healthy democracy. These developments— lessening the formal sanctions against criticism of the judiciary, erosion of public attitudes of respect, and the increasingly socio- political subject matter of judicial decisions— go a long way to explaining the decline in civility in public discourse on judges. Keywords: civility; confidence; court; criticism; decisions; discourse; internet; judges; judiciary; justice; law; people; public
• Drywall Mud and Muddy Doctrine: How Not to Decide a Multiple-Exposure Mesothelioma Case by Gold, Steve C. (2015) - Defense attorneys have sometimes argued in court and in print that “a significant number” of mesotheliomas are not caused by asbestos exposure. 4388, 4389, 4395-96 (2014) (reporting experimental results consistent with the hypothesis that a genetic mutation makes individuals more susceptible to mesothelioma after even low levels of asbestos exposure, rather than the hypothesis that the mutation causes individuals to develop mesothelioma even without exposure to asbestos). 12. Keywords: 439; asbestos; asbestos exposure; bostic; bostic majority; cases; causal; causation; cause; court; defendant; disease; dose; doubling; epidemiologic; evidence; exposure; factor; georgia; harm; havner; law; majority; mesothelioma; note; pacific; plaintiff; plus; proof; restatement; risk; rule; s.w.3d; studies; supra; tex
• Is Indiana Conserving Its Groundwater?: The Future of Indiana Groundwater After Town of Avon v. West Central Conservancy District by Hanauer, Alexandria (2015) - The 1980 recommendations for the future of Indiana water would have created a responsible water use system for Indiana. These281 statutes are still necessary for Indiana water and should incorporate conservation elements. Keywords: avon; conservation; court; gagnon; groundwater; indiana; indiana water; land; law; management; n.e.2d; plan; property; report; resources; state; use; water; water resources; withdrawal
• Reentry Reform in Indiana: HEA 1006 and Its (Much Too Narrow) Focus on Prison Overcrowding by Kirages, Drew (2015) - It is hard to imagine, but some inmates reentering57 Indiana communities are pushed out the prison doors with a single pair of clothes and $75 in their pocket.58 Problem-solving courts are tailored for each and every participant to ensure that they get the proper mental health, substance abuse, and other types of programming necessary for their successful reentry into society. Although only thirty-two percent of Indiana county jails were considered overcrowded when the Indiana General Assembly was debating H EA 1006, half of them operated with more than eighty-five percent of their beds filled.147 However, these numbers may not accurately reflect the current capacity of all Indiana jails. Keywords: code; community; corrections; county; criminal; funding; general; hea; idoc; indiana; justice; law; note; offenders; prison; probation; recidivism; reentry; reform; sentencing; state; supra; supra note; years
• Convicts and the Constitution in Indiana by Stanton, Nile (1974) - The portion of the Aikens decision which set forth the due process standards noted above immediately gave rise to some very important questions: Are the inmates who have been trans- ferred from camps, work release, or study release programs back to the reformatory or prison entitled to Aikens-type hearings? Since the court noted that internal disciplinary proceedings norm- ally result in the same types of deprivations as did disciplinary transfers, must the full panoply of Aikens due process rights also be afforded in the purely internal disciplinary proceedings? Crowder was a named plaintiff in the Aikens case, and his pamphlet should be read by everyone concerned about Indiana prison practices and their impact upon inmates. ^'Contrary to a requirement of Miller, 479 F.2d at 718, DOC policy did not allow any fair opportunity to call witnesses. Keywords: aikens; cir; court; f.2d; indiana; inmate; law; prison; rights; u.s
• Section 235 Housing: One Empirical Study with Recommendations for the Future by Singer, Anne C. (1974) - The largest family in new section 235 housing had eight members, while in existing section 235 housing the average family had six members with twenty-three percent having nine or more members. Percentages of negative replies were: existing section 235, sixty-five percent; existing controls, seventy percent; new section 235, ninety-three percent; new controls, seventy- five percent; section 104's, sixty-eight percent; and foreclosures, seventy-one percent. Keywords: average; buyers; cincinnati; control; control purchasers; families; fha; groups; homes; house; housing; income; law; mortgage; new; note; payments; percent; problems; program; purchasers; repairs; review; section; study; supra
• Congress and the Presidency and the Impeachment Power by McWhinney, Edwin (1974) - '^ However romantic it may seem to American constitutional stu- dents today, the institution of impeachment has a rather mixed his- tory in English constitutional law. There are obviously two main courses open in regard to the impeachment institution in American constitutional law today. Keywords: american; british; century; clair; constitutional; english; hastings; history; house; impeachment; law; power; presidency; time
• The Proposed New Bankruptcy Act by Falender, Debra A. (1974) - E.g., Bankruptcy Act §§ 2a (12), 2a (21), 17c, 50n, 571, 60d, 67a, 69d, 70a (8). The case law is in conflict as to whether a plan which does not mention a secured debt may be vetoed by the creditor Bankruptcy Act §652(1). Keywords: bankruptcy act; bankruptcy process; commission; court; creditors; debtor; debts; discharge; law; plan; property; rep
• Front Matter by Law Review, Indiana (1974) - the 1970's Paul J. Galanti 962 NOTES Premises Liability: A Critical Survey of Indiana Law 1001 Neglected Children and Their Parents in Indiana 1048 RECENT DEVELOPMENT CRIMINAL PROCEDURE—Search and Seizure—Inves- tigative stop of automobile held constitutional regardless of quantum of supporting facts necessary to constitute reason- able grounds for stop. — Williams v. State, 307 N.E.2d 457 (Ind. 1974). Send all correspondence to Business Manager, Indiana, Law Review, Indi- ana University Indianapolis Law School, 735 West New York Street, Indi- anapolis, Indiana 46202. Keywords: indiana; law
• Pomegranate Juice Can Do THAT? Navigating the Jurisdictional Landscape of Food Health Claim Regulation in a Post-POM Wonderful World by Buttrick, Hilary G.; Hatch, Courtney Droms (2016) - Moreover, the preclusion and primary jurisdiction doctrines create7 interagency jurisdictional questions between the FDA and the FTC—the two agencies expressly authorized to regulate food health claims. In11 addition, Congress should clarify the respective obligations of the FDA and the FTC with regard to food health claims on labels and advertisements, which products’ alleged health benefits.”). Keywords: act; claims; consumers; court; doctrine; enforcement; fda; federal; food; food health; ftc; health; health claims; jurisdiction; labeling; law; nlea; note; pom; preclusion; preemption; product; regulation; state; supra; wonderful
• GRAS-Fed Americans: Sick of Lax Regulation of Food Additives by Dragich, Martha (2016) - These14 conditions generally lead to outbreaks of acute illnesses that, though often serious and capable of causing death, are usually treatable.15 Under the FDCA’s broad definition of food, the FDA’s jurisdiction respects from that of FDA foods, particularly in that it requires both pre-market inspection of products and pre-approval of labeling. Accordingly, “there109 is only one type of food substance worth [a producer’s] consider[ation]: a GRAS substance that can immediately be marketed.” Keywords: act; artificial; congress; consumers; definition; evidence; fda; fda food; fed; food; food additives; food ingredients; food products; food safety; food supply; gras; gras substances; information; labeling; law; market; note; process; producers; products; regulation; review; safety; status; substances; sugar; supra; supra note; term; u.s.c; use
• You Had Me at Hello: Examining the Impact of Powerful Introductory Emotional Hooks Set Forth in Appellate Briefs Filed in Recent Hotly Contested U.S. Supreme Court Decisions by Johnson, Maureen (2016) - 1759, 1773-74 (2012) (discussing Supreme Court cases involving whether newsreels were exempt from censorship because they were akin to “newspapers” in that they “used ‘photographs [that were] promptly secured a few days after the events which they depict happen[ing]’ and therefore ‘regularly furnish[ed] and publish[ed] news,’ albeit ‘through the medium of motion pictures’”). Id. Greene also talked generally about the role of pathos in Supreme Court opinions. Keywords: adoptive; arbitration; at&t; baby; brief; california; case; children; couple; court; decision; emphasis; facts; father; girl; hello; hollingsworth; indiana; issue; judge; justice; kennedy; law; lobby; majority; marriage; note; obergefell; opinion; petitioners; respondents; review; s. ct; set; sex; state; supra; supra note; supreme; supreme court; vol; windsor; words
• Pendent Jurisdiction : The Impact of Hagans and Moor by Sullivan, E. Thomas (1974) - Although the Second Circuit belatedly joined the trend favor- ing pendent jurisdiction over pendent party claims, its three major opinions, all authored by Judge Friendly, concerned three significant areas of the lav^—v^elfare, admiralty, and copyright. As has been noted, no delineation has been recognized by the lower federal courts between diversity and federal question juris- diction in relation to the limitations of pendent power over joinder of pendent party claims. Keywords: action; cir; claim; co.; court; district; district court; f.2d; gibbs; joinder; jurisdiction; law; parties; party; pendent; pendent claim; pendent jurisdiction; power; rule; section; state; u.s
• Don't Settle for "The Devil You Know": The Benefits of Using Collaborative Law Rather Than Litigation to Resolve Employment Disputes by O'Connell, Johannah (2016) - Id. 2016] DON’T SETTLE FOR “THE DEVIL YOU KNOW ” 549 quick settlement without having to go to court.177 W ith respect to this concern, collaborative attorneys are employers’ best allies because they are trained to perform an initial assessment of a case to determ ine whether it is a good candidate for collaborative law. Such reluctance is due, in part, to misconceptions held by employers28 regarding the implem entation of collaborative law and, in part, to objections29 raised by corporate and business attorneys to the disqualification requirement contained in collaborative law participation agreements. Keywords: attorneys; case; collaborative; dispute; employers; employment; laura; law; litigation; note; parties; process; resolution; supra; supra note
• Protecting Minors from Themselves: Expanding Revenge Porn Laws to Protect the Most Vulnerable by Osterday, Mitchell (2016) - For22 those found guilty under these types of statutes, the law generally imposes criminal sanctions in the form of jail time, a monetary fine, or both.23 W hen looking at revenge porn statutes as they are currently written, there are several potential scenarios that could play out in the real world. First, in situations where the distributor of a graphic image and the victim of that non-consensual distribution are both adults, it would seem that revenge porn statutes would apply as they were intended. Keywords: child; code; image; law; minors; note; person; pictures; porn; pornography; revenge; revenge porn; sexting; state; statute; supra; teenagers
• Holder v. Humanitarian Law Project: Redefining Free Speech Protection in the War on Terror by Tuley, Aaron (2016) - THE COURT’S CURRENT FRAM EW ORK A. Undefined Terms The Court’s current framework of analysis of First Amendment issues in prosecutions of Section 2339B established by Humanitarian Law Project is flawed because it has too many critical undefined terms. Congress passed the statute mainly to stop the movement174 of money or goods to terrorist organizations and it only intended a limited amount of speech activity to fall within the statute’s scope. Keywords: 2339b; activity; amendment; court; humanitarian; law; law project; majority; material; organization; project; section; speech; statute; support; supreme; terrorist; u.s
• Premises Liability: A Critical Survey of Indiana Law by Brennan, James J. (1974) - '^'134 Ind. App. 137, 178 N.E.2d 468 (1961). ''See Penso v. McCormick, 125 Ind. 116, 25 N.E. 156 (1890) (mound of hot embers on lot frequented by licensees) ; Graves v. Thomas, 95 Ind. 361 (1883) (excavation for cellar made upon lot adjoining sidewalk) ; Carskaddon V. Mills, 5 Ind. App. 22, 31 N.E. 559 (1892) (barbed wire fence erected with- 1030 INDIANA LAW REVIEW Co. v. McCullough, 174 Ind. 477, 90 N.E. 1014 (1910) (oiled floor) ; Thompson v. F.W. Woolworth Co., 100 Ind. App. 386, 192 N.E. 893 (1934) (obstructed aisle). Keywords: app; care; co.; condition; court; defendant; doctrine; duty; ind; indiana; indiana law; law; liability; n.e.2d; negligence; possessor; premises; rule; standard; trespasser
• Back Matter by Law Review, Indiana (1974) - V. 64-65 Cooper V. State 150-51 Vol. 7] TABLE OF CASES IX Page references in bold-faced type are to Leading Articles and Comments. V. 32-33 White, Indiana State Highway Commission v. 23-24 White V. State 210, 889 Wickham, Swift v. 936 Willandt, Preiser v. 284 William F. Steck Co. v. Springfield 240 William F. Wilke, Inc. v. Cummins Diesel Engines, Inc. 7S2 William H. Stern & Son V. Rebeck 277-78 Williams, Adams v. 115-18, 1067-71 Williams, American States Insurance Co. v. 31-32 Williams, Dandridge v. 939 Williams, Standard Oil Co. v. 227 Williams v. State 954, 1064-72 Wilson V. American Chain & Cable Co. 957 Wilson V. State 144-45 Winifrede Railroad, Rumbaugh v. 955 Winterbottom v. Wright UOU-05 Witherspoon v. State 137 Wojtas V. Village of Niles 952-53 Wolf Corp., Green v. S76-77 Wolfe, Farmers Mutual Insurance Co. v. 70 Wood, Dairy Queen, Inc. v. 41-42 Woodruff V. Bowen 1025 PAGE Woodruff V. Clark County Farm Bureau Cooperative 57-61, 269 Woodward, Dartmouth College V. 627 Wright Bachman, Inc. V. Hodnett U06-07 Wozniczka v. McKean 1023 Wright V. State 139-40 Wright V. Winterbottom UOU-06 Wroblewski v. Grand Trunk Western Railway 275 Wyatt, Etherton v. 29 Wyer, Dery v. 950 Wyman, Almenares v. 958-59 Wyman, Rosado v. 935-61 Wynder v. Lonergan 40 Yeley v. State 127 Yellow Cab Co., Daar v. S8S Yergin, Hiatt v. 41 Young V. State 145-46 Younger v. Gilmore 671 Youngstown Sheet & Tube Co. V. Sawyer 909, 912 Zehr V. Daykin 225 Zerbst, Johnson v. 598 Ziffrin Truck Lines, Inc., Ziffrin v. 92 Ziffrin v. Ziffrin Truck Lines, Inc. 92 Zoss v. Royal Chevrolet, Inc. 61-62 Zupp V. State 119-20, 138, 181 Vol. 7] INDEX-DIGEST xxin Page references in bold-faced type are to Leading Articles and Comments, Page references in italics are to Notes. Keywords: actions; american; articles; bank; cases; city; class; co.; comments; corp; developments; ftc; general; inc; indiana; insurance; italics; law; national; new; nlrb; notes; page references; service; state; tax; trust; type; united; vol
• Foreword by Campbell, David C. (1974) - By making that decision in regard to reforming justice courts, future similar problems en- countered in reforming court systems can be mitigated or alleviated entirely. In 1970 alone, justice courts processed an estimated 210,000 cases.3 The importance of justice courts to the entire judicial system cannot be underestimated. Keywords: cases; county; courts; indiana; judicial; justice; law; peace; system
• Administrative Law by Taylor, Rodney (1974) - While conceding that trial courts have jurisdiction to entertain suits challenging the validity of an amendment to a zoning ordi- nance, the supreme court held that no such power exists prior to the actual adoption of the amendment.67 To hold otherwise, the court noted, would give rise to the mischievous consequences that may result from the attempts of courts of equity to control proceedings of municipal bodies. If such court finds such finding, decision or determination of such agency is: (1) Arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law; or (2) Contrary to constitutional right, power, privilege or im- munity; or (3) In excess of statutory jurisdiction, authority or limitations, or short of statutory right; or (4) Without observance of procedure required by law; or (5) Unsupported by substantial evidence, the court may order the decision or determination of the agency set aside. Keywords: administrative; board; city; commission; court; ind; indiana; law; n.e.2d; trial
• Business Associations by Galanti, Paul J. (1974) - Ind. Code §§ 23-1-13-1 to -11 (Burns 1972) (general) ; id. §§ 23-1-13.5-1 to -6 (Burns Supp. 1974) (accounting) ; id. §§ 23-1-14-1 to -21 (Burns 1972) (medical); id. §§23-1-15-1 to -21 (dental). For a general discussion of actions to compel the payment of dividends, see 11 Fletcher §5325; Henn §§328 & 360, at 759-80; Lattin §§144-45; 2 H. O'Neal, supra note 81, §8.08; Comment, Proposals to Help the Minority Shareholder Receive Fairer Dividend Treat- ment from the Closely Held Corporation, 56 Nw. Keywords: act; acts; app; burns; business; case; co.; code; company; corporation; court; directors; general; ind; indemnification; indiana; insurance; law; n.e.2d; provision; securities; shareholder
• Civil Procedure and Jurisdiction by Harvey, William F. (1974) - In reviewing historical precedents and scholarly exegeses of the rule, he found that : Indiana Trial Rule 4.4 is intended to extend personal juris- diction of courts sitting in this State, including this one in this case, to the limits permitted under the due process clause of the Fourteenth Amendment.3 The question of the scope of Trial Rule 4.4 arose on the motion of Texas Tank, Inc., one of the defendants, to dismiss under Federal Rule of Civil Procedure 12(b) (2) for lack of jurisdiction over the person. Although two recent decisions 15 reaffirmed that the Trial Rules do not pertain to proceedings before adminis- trative agencies, 16 the Indiana Supreme Court, in the case of City of Mishawaka v. Stewart,w upheld the applicability of the Trial Rules to appeals taken from trial court reviews of administrative rulings. Keywords: app; appeals; case; defendant; errors; ind; indiana; judgment; law; motion; n.e.2d; order; plaintiff; procedure; state; supreme court; trial court; trial rule
• Constitutional Law by Torke, James W. (1974) - V. Constitutional Law James W. Torke* The following discussion attempts to highlight court decisions, both federal and state, which have involved both constitutional issues and Indiana law. J.D., University of Wisconsin, 1968. 1974] SURVEY—CONSTITUTIONAL LAW 95 gained relief from the ban in federal district court.' Keywords: case; court; f.2d; general; ind; indiana; judge; justice; law; n.e.2d; party; review; school; state; supreme; system; u.s
• Contracts and Commercial Law by Bepko, Gerald L. (1974) - L. No. 268 (April 19, 1973), adding Ind. Code §§26-3-7-1 to -36 L. No. 120 (Feb. 21, 1974), amending Ind. Code §§26-3-7-1 to -36 (Ind. Ann. Keywords: agreement; ann; burns; case; code; contract; court; ind; indiana; law; n.e.2d; provision; stat
• Evidence—Criminal by Marple, William (1974) - [Vol. 8:186 erratic driving behavior before the fatal crash, however, the court found the errors harmless.24 A. Photographs Warrenburg v. State 125 contains a warning to prosecutors and trial courts alike to exercise greater care and discretion in using and admitting gruesome photographs. Other courts have excluded the same type of reputation tes- timony on nonconstitutional grounds. Keywords: admission; app; case; court; criminal; defendant; evidence; hearsay; ind; indiana; law; n.e.2d; rule; state; testimony; trial; trial court; witness
• Whose Article Is It Anyway?: Student Editors and Law Reviews by Potuto, Josephine (Jo) R. (2016) - This Article is an attempt to provide a framework for law student editors regarding the appropriate scope of their editing responsibilities. 4 I. EDITING There are waves in fashion, in movie genres and TV shows, and also in the way law student editors edit. Keywords: article; author; editing; editors; edits; law; lead; review; rules; student; student editors; text; writer
• Impact Transaction: Lawyering for the Public Good Through Collective Impact Agreements by Crowder, Patience A. (2016) - Unlike most private law transactions, collective impact initiatives are designed to address a particular social problem for the public good and, thus, collective impact agreements are contracts for the public interest. This Article is the first to consolidate and analyze the collective impact strategy and to give any treatment to collective impact agreements, and it does so by 4. Keywords: agencies; agreement; article; backbone; business; change; collective; community; contract; contract law; development; feb; framework; impact; impact agreement; impact initiatives; impact litigation; impact transaction; law; litigation; macneil; new; note; organizations; participants; parties; planning; process; public; relational; rev; review; risks; social; strategy; support; supra; supra note; term; theory
• An Extraordinary Woman: The Honorable Constance Baker Motley by Roisman, Florence Wagman (2016) - Interview by Alfred C. Aman with Judge Constance Baker Motley (1988). To learn more about her, one might read her autobiography, Equal Justice Under Law, and one might watch a videotape of1 a 1988 interview of her conducted by Alfred Aman, Professor and former Dean at the Indiana University Maurer School of Law.2 Here are several striking facts about Constance Baker Motley, any one of which would make her worthy of serious study. Keywords: baker; black; constance; court; judge; law; motley; new; note; school; supra; supra note; washington; women
• Use of the National Guard on the U.S.-Mexico Border to Quell Border Security Concerns: Increase Coordination Between Border States and Federal Government by Expanding 32 U.S.C. Section 112 to Encompass Immigration Issues by Sliney, Samantha Arrington (2016) - Next, this Article will raise two legal considerations surrounding the deployment of National Guard troops to the border by a state governor without coordination with the federal government: the over-militarization of the border and the far-reaching effects of no coordination with the federal government. The lack of coordination also creates significant limitations on the Texas National Guard and what objectives it can actually achieve on the Texas- Mexico border. Keywords: border; government; governor; guard; law; national; national guard; note; operation; perry; security; state; supra; supra note; texas
• The Protocol to Amend the Convention on Offences and Certain Acts Committed on Board Aircraft: A Missed Opportunity or a Sufficient Modernization? by Urban, Jennifer A. (2016) - IATA also46 concluded unruly passenger offences occurred across the globe and not in one specific region. The offences were likely unpunished because of the lack of109 domestic laws regarding unruly passenger offences and the need for an international treaty to give authority to prosecute. Keywords: aircraft; article; commander; conference; convention; doc; ifsos; international; jurisdiction; landing; law; legal; offences; passenger; protocol; report; state; supra note
• Property by Polston, Ronald W. (1974) - Thus, restrictive covenants create property rights in much the same sense as easements. Society as a whole suffers from such economic waste, and this is true even though the owner of such property may have been fully compensated by a condemnation award at the time his land was rendered inaccessible. Keywords: ind; indiana; land; landlord; law; property
• Protecting America's Pastime: The Necessity of Major League Baseball's Antitrust Exemption for the Survival of Minor League Baseball by Murphy, Bradley V. (2016) - As a result, the market for M inor League Baseball players would be competitive, allowing certain clubs to pay higher prices for more talented players. In particular, this Note explains the impact of restricting M inor League Baseball teams from relocating and paying their players above a prescribed minimum, and looks at potential challenges to the exemption that could affect M inor League Baseball. Keywords: act; antitrust; baseball; clubs; consumer; court; efficiency; exemption; inc; inor league; jose; justice; law; laws; league baseball; m inor; market; note; players; price; professional; relocation; rule; san; structure; supreme; u.s
• Secured Transactions and Creditors' Sights by Townsend, R. Bruce (1974) - Ind. Code §32-1-2-17 (Burns 1973). Case v. Bumstead, 24 Ind. 429 (1865) ; Ind. Code §32-1-2-32 (Burns 1973). ^Compare Denham v. Degymas, 237 Ind. 666, 147 N.E.2d 214 (1958), with Combs v. Nelson, 91 Ind. 123 (1883), and Wright v. Shepherd, 47 Ind. 176 (1874). Keywords: app; case; code; commercial; contract; court; debtor; ind; indiana; interest; judgment; law; lien; n.e.2d; party; proceeds; security; uniform
• Torts by Foust, Cleon H. (1974) - 16 Since the holding in Gertz is based upon first amendment grounds, it is, of course, binding upon Indiana courts. 44 C. Premises Liability Three cases decided during the survey period indicate, how- ever slightly, that Indiana courts are departing from the out- moded common law rules pertaining to premises liability and are moving toward the modern standard of reasonable care under the circumstances. Keywords: app; court; defendant; ind; indiana; law; liability; n.e.2d; negligence; plaintiff
• Do You Want to Know a Secret? Do You Promise Not to Tell? Whoa Oh Oh:* Judges, Opinions, and Judicial Notice by Cooper, Tina M.; Van Dame, Jennifer; Snider, Jonathan; Robb, Margaret G. (2016) - Also consistent with the federal common law was the notion that Indiana appellate courts should not take judicial notice of matters outside the record. As first embodied in Indiana common law5 and later in a formal evidentiary rule, Indiana courts at all levels are permitted to take judicial notice of facts “not subject to reasonable dispute” or that “can be accurately and readily determined” from reliable sources. Keywords: app; appeals; appellate; case; court; drug; evidence; facts; hiv; ier; ind; indiana; indiana court; law; medical; n.e.2d; notice; parties; r. evid; rule; state; trial; trial court
• A Tribute to Judge John Tinder by Bepko, Gerald (2016) - Judge Tinder was interviewed once for a publication entitled Article 3 Groupies, or A3G, by an admiring reporter who referred to him as the “Magnificent Judge John D. Tinder.” As a former FBI Special Agent who years ago worked on the first rung of the federal law enforcement ladder, I have for many years admired Judge Tinder as he progressed through his career from Assistant U.S. Attorney to U.S. Attorney to Federal District Court Judge to a member of the Seventh Circuit Court of Appeals.1 Over the weekend prior to his scheduled speech, I reflected on what I might say in introducing Judge Tinder. Keywords: court; district; indiana; john; judge; law; tinder; university; years
• Tribute to Judge John Daniel Tinder by Pulliam, Daniel E. (2016) - I lacked any particular awareness of Judge Tinder before his nomination to the Seventh Circuit Court of Appeals, which was announced just weeks before I started law school. Since then, I have learned through personal interactions, news articles,1 discussions with others, and of course, legal research, of the respect and loyalty Judge Tinder holds for the institution of the law. Keywords: cir; circuit; court; indianapolis; judge; law; star; tinder
• Survey of Indiana Administrative Law by Balzer, Tabitha L.; Herceg, Manuel (2016) - Although Indiana courts have established principles for addressing issues related to the functions of administrative agencies, courts are still called upon to decide whether those principles have been properly applied. In K.S. v. State, the Indiana Supreme Court clarified jurisdiction concepts, holding: Like the rest of the nation’s courts, Indiana trial courts possess two kinds of “jurisdiction.” Keywords: administrative; agency; appeal; board; case; code; commission; court; decision; department; indiana; issue; iurc; law; n.e.3d; property; review; state; statute; tax
• Banking, Business, and Contract Law by Sullivan, Jr., Frank (2016) - Whatever the appellate rules are at the moment about the citation of memorandum decisions, they contain critical guidance on Indiana law and cannot be ignored.1 This Article will not itemize every banking, business, and contract law case decided during the survey period. BANKING, BUSINESS, AND CONTRACT LAW FRANK SULLIVAN, JR.*,** This Article surveys banking, business, and contract law decisions of the Indiana Supreme Court and Indiana Court of Appeals between September 1, 2013, and August 31, 2014. Keywords: app; appeals; benefit; business; case; co.; commercial; contract; corporation; court; general; inc; ind; indiana; law; n.e.3d; statute
• Minimalist Developments in Indiana Constitutional Law--Equal Privileges Progresses Slowly by Chinn, Scott; Pulliam, Daniel E. (2016) - Yet Indiana courts have long separately analyzed searches based71 on whether the police conduct was reasonable under the totality of the circumstances. Once again, Indiana courts applied the Ex Post Facto Clause to the laws governing convicted sex offenders. Keywords: app; appeals; article; city; clause; court; defendant; evidence; ind; indiana; law; n.e.3d; right; section; state
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M. (2016) - But in egregious cases where juror conduct fundamentally compromises the appearance of juror neutrality, trial courts should skip Currin’s two-part inquiry, find irrebuttable prejudice, and immediately declare a mistrial. At all times, trial courts have discretion to decide whether a defendant has satisfied the initial two-part showing necessary to obtain the presumption of prejudice or a finding of irrebuttable prejudice.78 a. Note and cookies.—Ramirez was applied this survey period in Weisheit v. State. Keywords: app; appeals; court; defendant; evidence; ind; indiana; jury; law; n.e.3d; sentence; state; supreme; supreme court; trial; years
• Developments in Intellectual Property Law: October 1, 2014--September 30, 2015 by Carter, Trevor; Morton, Trenton; Dodge, Reid (2016) - [Vol. 49:1095 decision whether to institute an IPR proceeding was judicially unreviewable.54 In federal district court patent cases, claim construction is decided based on the Federal Circuit’s en banc Phillips v. AWH decision and its progeny. The Court explained the audiences for statutes and patent claims are37 decidedly different, as are the parties that consider the relevant facts before Congress enacts a statute or a patent issues. Keywords: circuit; cisco; claim; construction; court; damages; decision; district; district court; fact; federal; inc; law; patent; review; samsung; standard; supreme; test; u.s
• Survey of Recent Developments in Indiana Product Liability Law by Alberts, Joseph R.; Thornburg, Robert B.; Buttrick, Hilary G. (2016) - PRODUCT LIABILITY 1127 therefore, proper defendants in Indiana product liability cases. Several of those cases addressed who may file suit in Indiana as product liability plaintiffs because they are “users” Keywords: claims; code; court; defect; design; inc; ind; indiana; ipla; law; liability; manufacturer; plaintiffs; product; seller
• Recent Developments in Indiana Taxation Survey 2015 by Jegen III, Lawrence A.; Prescott, Peter; Madore, Jacob (2016) - However, the Tax Court rejected that argument too.462 Further, the Tax Court stated it was not contrary to law for the IBTR to find the Assessor’s evidence sufficient for purposes of property tax assessment, 448. W hen44 a taxpayer succeeds with an appeal pertaining to an assessment date in or before 2014, and the amount of the taxpayer’s refund exceeds $100,000, the county auditor may opt to credit the refund am ount in equal installments for up to five years against the taxpayer’s future property tax liabilities in lieu of an immediate payment of the refund.45 Finally, the GA continued working to improve the procedures surrounding real property tax sales. Keywords: assessment; assessor; business; case; claim; code; code section; county; department; determination; evidence; exemption; ibtr; income tax; ind; indiana code; issue; law; n.e.3d; property tax; ptaboa; pub; refund; review; sales; state; subject; t.c; tax appeal; tax court; tax exemption; tax return; tax sale; tax year; taxation; taxes; taxpayer; use; use tax; value; vol; year
• Recent Developments in Indiana Tort Law by Kruse, Paul S.; Morris, Larry; Deweese, J. Michael (2016) - In Zavodnik, the supreme court described the appellant as “a prolific, abusive litigant,” who had filed at least 123 cases in Indiana trial courts, all but three of2 which were filed on or after January 2008. I. PROCEDURE A. Abusive Litigation Practices Because there is no right to engage in abusive litigation and the State has a legitimate interest in the preservation of valuable judicial and administrative resources, the Indiana Supreme Court in Zavodnik v. Harper set out procedures1 for trial courts to use in curtailing abusive litigation practices. Keywords: appeals; care; catholic; charities; court; defendant; duty; evidence; indiana; judgment; kramers; law; medical; n.e.3d; plaintiff; rule; summary; tort; trial; trial court
• Selected Developments in Indiana Criminal Sentencing and Death Penalty Law (1993-2012) by Sullivan, Jr., Frank (2016) - [Vol. 49:1349 concluded the opposite with the result that several Indiana death sentences were set aside. Justice, Indiana Supreme Court (1993-2012). Keywords: capital; cases; court; criminal; death; death penalty; death sentence; ind; indiana; justice; law; n.e.2d; penalty; review; sentence; sentencing; state; supreme; supreme court; trial; u.s; years
• Front Matter by Law Review, Indiana (1974) - Indiana Law Review Volume 8 1974-1975 Editor-in-Chief Debra A. Falender Article and Book Review Editors Michael J. Bleck James J. Brennan Wayne E. Gresham Indiana Revieiv Editor Managing Editor Kristin Pfeifer Sheila Suess Note and Development Editors Lonnie D. Collins Baker R. Rector Robert L. Hartley, Jr. Lewis A. Shaffer Associate Editors J. Michael Antrim James W. Greives Robert L. Bauman Timothy E. Hollingsworth Thomas J. Blee John F. Michaels Ronald J. Brothers Robert L. Miller, Jr. James T. Burns Rickey R. Pate James E. Davis Kathleen N. Ryan Brian J. Fahey Susan B. Tabler Michael S. Fischer Donald J. Tribbett David W. Gray Randy W. Young Faculty Advisor Paul J. Galanti Business Manager Mary Ann Motza Indiana University Indianapolis Law School 1974-1975 ADMINISTRATIVE OFFICERS AND FACULTY John W. Ryan, Ph. D., President of the University Glenn W. Irwin, Jr., M.D., Vice President of the University William F. Harvey, LL.M., Dean, Indianapolis Law School G. Kent Frandsen, J.D., Assistant Dean, Indianapolis Law School Thomas B. Allington, LL.M. (New York University, 1971), Professor Edward P. Archer, LL.M. (Georgetown University, 1964), Professor Charles W. Ardery, Jr., LL.B. (University of Michigan, 1957), Adjunct Professor James F. Bailey, III, J.D., M.A.L.S. (University of Michigan, 1964, 1970), Director of Library and Associate Professor Gerald L. Bepko, LL.M. (Yale University, 1972), Associate Professor Clyde H. Crockett, LL.M. (The London School of Economics, 1972), Asso- ciate Professor Robert F. Dugan, M.C.L. (University of Chicago, 1969), Associate Professor Cleon H. Foust, J.D. (University of Arizona, 1933), Professor William F. Fox, Jr., LL.M. (Harvard University, 1974), Assistant Professor G. Kent Frandsen, J.D. (Indiana University, 1965), Assistant Dean and Associate Professor David A. Funk, LL.M. (Columbia University, 1973), Associate Professor Paul J. Galanti, J.D. (University of Chicago, 1963), Associate Professor Alan H. Goldstein, J.D., (Indiana University, 1969), Adjunct Professor John S. Grimes, J.D. (Indiana University, 1931), Professor of Jurisprudence Jeffrey W. Grove, J.D. (George Washington University, 1969), Associate Professor William F. Harvey, LL.M. (Georgetown University, 1961), Dean and Pro- fessor Lawrence A. Jegen, III, LL.M. (New York University, 1963), Professor William R. Jones, LL.M. (University of Michigan, 1970), Associate Pro- fessor Charles D. Kelso, J.S.D. (Columbia University, 1968), Professor William A. Kerr, LL.M. (Harvard University, 1958), Professor Walter W. Krieger, Jr., LL.M. (George Washington University, 1969), As- sociate Professor William E. Marsh, J.D. (University of Nebraska, 1968), Assistant Professor Edward McWhinney, J.S.D. (Yale University, 1953), Professor (on leave, 1974-75) Patrick Mulvany, J.D. (Georgetown University, 1970), Assistant Professor Melvin C. Poland, LL.M. (University of Michigan, 1950), Professor Ronald W. Polston, LL.B. (University of Illinois, 1958), Professor Mary Beth Ramey, J.D., (Indiana University, 1972), Adjunct Professor Marshall J. Seidman, LL.M. (Harvard University, 1970), Professor Charles G. Reeder, J.D., (Indiana University, 1965), Adjunct Professor William A. Stanmeyer, J.D., (DePaul University, 1966), Visiting Associate Professor Kenneth M. Stroud, J.D. (Indiana University, 1961), Assistant Professor James W. Torke, J.D. (University of Wisconsin, 1968), Associate Professor R. Bruce Townsend, J.D. (University of Iowa, 1940), Professor of Juris- prudence Douglas J. Whaley, J.D. (University of Texas, 1968), Associate Professor Jeremy S. Williams, LL.M. (University of Sheffield, 1969), Professor Harold R. Woodard, J.D. (Harvard University, 1936), Professorial Lecturer Judges of the Indiana Courts Indiana Supreme Court Norman F. Arterburn, Chief Justice Roger 0. Criminal Law and Procedure William A. Kerr 137 A. Search and Seizure 138 B. Lineups and Photographic Identifications 148 C. Confessions 151 D. Guilty Pleas 155 E. Assistance of Counsel 158 F. Insanity 160 G. Habitual Criminal Prosecutions 165 H. Sentencing 167 The INDIANA LAW REVIEW is the property of Indiana University and is published six times yearly, November, December, January, March, April, and May, by the Indiana University Indianapolis Law School which assumes complete editorial responsibility therefor. Keywords: indiana; indiana law; indiana university; indianapolis; law; new; professor; review; university; volume
• Women Executives, Managers and Professionals in the Indiana Criminal Justice System by Lamber, Julia C. (1974) - Other women 10 Statistics mentioned in this section are from the Women's Bureau, Department of Labor. Of course, one would expect a firm to hire and promote on the basis of ability and qualifications; to assume it would not do so in regard to women employees or applicants is only one illustration of the fact that women are considered in a different way, in a different light, from men. Keywords: action; ann; asst; basis; burns; cities; city; co.; county; court; criminal; dep; department; discrimination; employees; employer; employment; enforcement; executive; experience; general; icjs; indiana; job; judges; l)cir; law; note; officers; percent; police; positions; probation; public; qualifications; requirements; review; sex; stat; supp; supra; title; towns; vii; vol; women; work; years
• Questioning the Juvenile Commitment: Some Notes on Method and Consequence by Chase, Edward (1974) - Juvenile courts have consistently professed individualized, rehabilitative treatment for children, 4 and any legal assault on the pretrial and dispositional levels, the phases directly concerned with implementation of the asserted uniqueness, 5 threatens to question the integrity of the entire *Associate Professor of Law, Rutgers University Law School at Camden; B.A., Williams College, 1965; These observations are intended neither to diminish the de- votion of juvenile courts to the rehabilitative ideal, nor to sug- gest that no ameliorative effort at all should be directed to such individuals during their incarceration. Keywords: adult; child; commitment; confinement; court; juvenile; law; protection; right; sentence; state; theory; treatment
• Parental Tort Immunity Doctrine in Indiana by Fahey, Brian J. (1974) - Not only was there no common law doctrine of parental im- munity, but there is authority for the proposition that the com- mon law recognized the capacity of minor children to sue their parents in tort. He concludes that minor children are the special favorites both of law and equity, and in any matter in which they are concerned their interests and welfare are predominent. Keywords: app; child; children; courts; doctrine; family; immunity; ind; indiana; law; n.e.2d; parent; policy; rev; tort
• Discharge of Certain Parties to Negotiable Instruments Upon a Holder's Impairment of Collateral by Ruff, Nathaniel (1975) - Section 3-606 as a whole is an expansion and clarification of section 120' of the Negotiable Instruments Law (NIL). The same arguments given above against such a construction of section 3-415(3) should prevail against a party who seeks to circumvent the section 3-606 standards by suing under sections 3-415 and 1-103. Keywords: collateral; court; holder; impairment; instrument; law; note; party; section; security; suretyship
• Client Confidentiality and Securities Practice: A Demurrer From the Current Controversy by Suess, Sheila (1975) - Pro- ponents of this view support various proposals which would make securities lawyers independently accountable, much as indepen- dent auditors are. The securities lawyer may never go into a court- room; the bulk of his work involves counselling corporate clients, preparing documents, submitting reports and opinions, and gener- ally interpreting the highly complex and specialized regulations of the Securities Exchange Commission. Keywords: attorney; client; client privilege; court; disclosure; duty; information; law; lawyer; privilege; securities
• Exhaustion of State Administrative Remedies Under the Civil Rights Act by Pfeifer, Kristin (1975) - This rule has been applied in cases involving a failure to exhaust state administrative remedies as well as in cases in- volving exhaustion of federal remedies.'' Since exhaustion of state administrative remedies presents one of the bars to federal court suits, it has been attacked by those wishing to expand the access to federal courts. Keywords: administrative; cases; cir; court; exhaustion; f.2d; federal; law; plaintiff; remedies; remedy; rights; rule; section; state; supp; u.s
• The Problem of Law School Discounting--How Do We Sustain Equal Opportunity in the Profession? by Shepard, Randall T. (2017) - Between 1989 and 2009, higher education tuition rose 71%, while law school tuition increased an astounding 317%. Law school tuition has been rising at a rate even3 higher than is generally true in education, something like 8% a year during much of the last two decades. Keywords: aid; education; indiana; jobs; law; lsat; need; new; note; number; school; students; supra; tuition; year
• In Majority and Dissent: Justice Dickson's Contributions to Indiana Criminal Law by Welliver, Daylon L.; Schumm, Joel M. (2017) - In the m idst of all this change, Justice Dickson remained a tireless and respected advocate of impartial justice and enabling juries to properly accomplish their constitutional role within the system. The selected topics are as follows: (1) jury instructions, including the jury’s right to determine law and fact; (2) ex post facto; (3) double jeopardy; (4) the5 6 7 inalienable right to pursue happiness; (5) scientific evidence; (6) corpus8 9 delicti; (7) search and seizure under article 1, section 11; (8) death penalty10 11 cases; (9) appellate sentence review; and, finally, (10) use of the Indiana12 13 Supreme Court’s rule-making authority and technology to ensure fairness.14 I. JURY INSTRUCTIONS Justice Dickson has written much about the topic of jury instructions. Keywords: cases; court; criminal; defendant; dickson; evidence; ind; indiana; instruction; jury; justice; justice dickson; law; n.e.2d; opinion; review; rule; section; sentence; state; trial
• Justice Dickson's Thirty-Year Influence on Indiana Constitutional Law by Laramore, Jon (2017) - Put another way, no other individual had more to do with the development of Indiana constitutional law since the1980s than Justice Dickson. Some other cases, including cases from29 around the time the 1851 Indiana Constitution was ratified, prescribed a separate analysis.30 After reviewing those cases, Justice Dickson concluded in Collins that the Indiana Constitution’s provision was different from equal protection and required a different analysis, basing his conclusion on the linguistic differences between the state and federal provisions and the line of Indiana cases applying a different analysis.31 A ttempting to determine “the common understanding of both those who framed . . . Keywords: article; cases; constitutional; court; dickson; general; ind; indiana; justice; justice dickson; law; majority; n.e.2d; property; public; section; state; tax
• Justice Brent E. Dickson, State Constitutional Interpretation, and the Religion Provisions of the Indiana Constitution by DeBoer, Michael J. (2017) - Justice Theodore R. Boehm interpreted and applied an array of Indiana constitutional provisions, including article 1, sections 9 and 12 (recognizing a right to speak, write, and print freely and a right to remedy by due course of law, respectively) in Cantrell v. Morris, 849 N.E.2d 488 (Ind. 2006), article 1, section 11 (recognizing a right against unreasonable searches and seizures) in Edwards v. State, 759 N.E.2d 626 (Ind. 2001), article 1, sections 12 and 23 (recognizing a right to open courts and a right to remedy and prohibiting the Indiana General Assembly from granting unequal privileges and immunities, respectively) in McIntosh v. Melroe Co., 729 N.E.2d 972 (Ind. 2000), article 1, section 12 (recognizing a right to remedy by due course of law) in Sanchez v. State, 749 N.E.2d 509 (Ind. 2001), and article 4, sections 22 and 23 (prohibiting the Indiana General Assembly from enacting special legislation and requiring it to make general laws when general laws can be made applicable) in Municipal City of South Bend v. Kimsey, 781 N.E.2d 683 (Ind. 2003). Second, the court weighs the relevance of the Northwest72 Ordinance of 1787 and other state constitutions, especially any language and history that illuminate the meaning of Indiana constitutional provisions. Keywords: article; chapel; city; constitution; court; dickson; framers; indiana; indiana constitution; justice; justice dickson; law; n.e.2d; opinion; provisions; religion; section; state
• Justice Dickson's Civil Tort Law Jurisprudence by Paredieck, Roger; Davis, Karen; Smith, Maggie (2017) - O n this basis, the court held Indiana Code section 34-20-3-2 unconstitutional.100 Because the asbestos statute of limitations was held to be unconstitutional and did not govern these claims, the M yers majority held all asbestos plaintiffs now fall under the statute of repose provision in Indiana Code section 34-20-3-1.101 Justice Dickson referred back to Ott and Covalt to analyze the applicability of the statute of repose for the plaintiffs in M yers. Justice Dickson strove to ensure that the Indiana Constitution was given its own significance apart from the U.S. Constitution, while taking care to delineate the role of the court from the role of the legislature. Keywords: action; asbestos; court; dickson; fault; ind; indiana; justice; justice dickson; law; liability; majority; n.e.2d; plaintiff; section; statute; years
• Federal Courts and Partisan Conflict by Hamilton, David F. (2017) - W e also do not know what will happen with the next35 Supreme Court nomination; there is a long tradition of not filibustering Supreme C ourt nominees but the nuclear option rule change did not by its terms apply to Supreme Court nominations. Jack Balkin, Supreme Court Justices Have it Too Good, GUARDIAN (May 6, 2009, 2:30 PM), https://www.theguardian.com/commentisfree/cifamerica/2009/may/04/supreme-court-david- souter [https://perma.cc/E2ZR-LMKB]. 41. Keywords: court; government; indiana; judges; judiciary; justice; law; nomination; process; review; supreme; u.s; work; year
• Judicial Supremacy and the Structure of Partisan Conflict by Graber, Mark A. (2017) - The resulting course of Supreme Court decisions depends on the258 idiosyncrasies of one or two swing justices, who on some issues lean to the left, on others lean to the right, and sometimes find middle positions whose constitutional logic escapes a majority of their brethren. The structure of partisan politics explains why contemporary Supreme Court decision making is activist, erratic, and random.284 The course of Supreme Court decisions is activist because both Democrats and Republican presidents appoint to the federal bench justices they believe will carry out their activist constitutional agenda. Keywords: american; constitutional; course; court; decision; foundations; governing; government; judicial; justices; law; making; note; officials; parties; party; politics; power; regime; review; state; supra; supra note; supremacy; supreme; supreme court; theory; u.s
• A Counterfactual Obama Presidency: Policy Progress with Less Damage to the Democratic Party by Graham, John D.; Julian, Alyssa (2017) - President Obama experienced two midterm elections, in 2010 and 2014, and those two elections saw the Republican Party make huge electoral gains at the expense of the Democratic Party. It is not fair to blame President Obama entirely for the Democratic Party’s large 2010 electoral losses because there were some uncontrollable structural factors working against the Democrats. Keywords: act; agenda; approval; candidates; cap; care; congress; control; democratic; districts; election; gop; house; incumbent; indiana; jacobson; job; law; majority; midterm; note; nov; obama; party; percent; policy; president; president obama; republican; seats; senate; supra; tea; times; vote; voters; wall
• Political Dysfunction and the Election of Donald Trump: Problems of the U.S. Constitution's Presidency by Orentlicher, David (2017) - Drawing on the experience in other countries with executive power shared by multiple officials, this Article proposes a bipartisan executive. Alexander Hamilton’s discussion of executive power in the Federalist Papers echoes the constitutional text. Keywords: branch; conflict; congress; constitution; decision; executive; indiana; law; making; n.y; nov; obama; parties; party; person; policy; power; president; times; u.s
• Democracy and Dysfunction: An Exchange by Levinson, Sanford; Balkin, Jack M. (2017) - There are many good reasons to have political parties; furthermore, no serious person believes in the possibility of truly 114. Political parties can claim “mandates,” but in a179 properly functioning parliamentary system, prime ministers cannot claim personal mandates that override the wishes of their parties or coalitions that placed them in power. Keywords: amendment; american; article; balkin; college; congress; constitutional; convention; country; course; democracy; donald; dysfunction; election; electoral; exchange; features; good; government; history; house; indiana; law; levinson; national; new; note; nov; obama; order; party; people; politics; power; president; presidential; problem; reform; republican; review; senate; states; supra; system; time; trump; united; vol; vote
• Policing the Police: Reexamining the Constitutional Implications of Traffic Stops by Jaqua, Benjamin (2017) - [Vol. 50:345 detaining a vehicle’s occupants, what boundaries limit police officers in ordering drivers and passengers to act or to provide information? Answers to these questions could effectively redefine the proper relationship between police officers and citizens, limit or expand the powers and rights of either party, and further clarify the protections and duties of bystanders. Keywords: court; departmental; driver; enforcement; fourth; law; note; officers; people; police; police officers; policies; policing; rule; states; stop; supra; traffic; u.s; vehicle
• Paradise Lost: Contracting Away Immunity Under the Indiana Tort Claims Act by Jones, Tyler (2017) - Sound Corp. v. Ind. State Fair Comm’n (In re Ind. State Fair Litig.), 49 N.E.3d 545 (Ind. 2016). A ugust 13, 2011 was supposed to be another fun-filled day at the Indiana State Fair. Keywords: agency; agreement; app; claims; co.; code; contract; court; fair; government; immunity; ind; indemnification; indemnity; indiana; itca; law; liability; n.e.2d; note; paradise; party; sovereign; state; supra; tort
• Business Courts: Their Advantages, Implementation Strategies, and Indiana's Pursuit of Its Own by Moorhead, Tyler (2017) - In an effort to alleviate the chaotic problems2 associated with complex business, supplier, and consumer relationships, many states are creating business courts within their jurisdictions. Currently, over half3 of the states in the nation have chosen this strategy and have implemented some type of business court or complex litigation court.4 A business court, also referred to as a commercial court, is a state program that is dedicated to specifically handling business disputes or complex litigation within its respective jurisdiction. Keywords: business; business court; case; commercial; court; disputes; group; indiana; judges; law; nees; pilot; program; state; sullivan; supra note; wessel
• Front Matter by Law Review, Indiana (1975) - Indiana Law Review Volume 8 1974-1975 Editor-in-Chief Debra A. Falender Article and Book Review Editors Michael J. Bleck James J. Brennan Wayne E. Gresham Indiana Revieiv Editor Managing Editor Kristin Pfeifer Sheila Suess Note and Development Editors Lonnie D. Collins Baker R. Rector Robert L. Hartley, Jr. Lewis A. Shaffer Associate Editors J. Michael Antrim James W. Greives Robert L. Bauman Timothy E. Hollingsworth Thomas J. Blee John F. Michaels Ronald J. Brothers Robert L. Miller, Jr. James T. Burns Rickey R. Pate James E. Davis Kathleen N. Ryan Brian J. Fahey Susan B. Tabler Michael S. Fischer Donald J. Tribbett David W. Gray Randy W. Young Faculty Advisor Paul J. Galanti Business Manager Mary Ann Motza Indiana University Indianapolis Law School 1974-1975 ADMINISTRATIVE OFFICERS AND FACULTY John W. Ryan, Ph. D., President of the University Glenn W. Irwin, Jr., M.D., Vice President of the University William F. Harvey, LL.M., Dean, Indianapolis Law School G. Kent Frandsen, J.D., Assistant Dean, Indianapolis Law School Thomas B. Allington, LL.M. (New York University, 1971), Professor Edward P. Archer, LL.M. (Georgetown University, 1964), Professor Charles W. Ardery, Jr., LL.B. (University of Michigan, 1957), Adjunct Professor James F. Bailey, III, J.D., M.A.L.S. (University of Michigan, 1964, 1970), Director of Library and Associate Professor Gerald L. Bepko, LL.M. (Yale University, 1972), Associate Professor Clyde H. Crockett, LL.M. (The London School of Economics, 1972), Asso- ciate Professor Robert F. Dugan, M.C.L. (University of Chicago, 1969), Associate Professor Cleon H. Foust, J.D. (University of Arizona, 1933), Professor William F. Fox, Jr., LL.M. (Harvard University, 1974), Assistant Professor G. Kent Frandsen, J.D. (Indiana University, 1965), Assistant Dean and Associate Professor David A. Funk, LL.M. (Columbia University, 1973), Associate Professor Paul J. Galanti, J.D. (University of Chicago, 1963), Associate Professor Alan H. Goldstein, J.D., (Indiana University, 1969), Adjunct Professor John S. Grimes, J.D. (Indiana University, 1931), Professor of Jurisprudence Jeffrey W. Grove, J.D. (George Washington University, 1969), Associate Professor William F. Harvey, LL.M. (Georgetown University, 1961), Dean and Pro- fessor Lawrence A. Jegen, III, LL.M. (New York University, 1963), Professor William R. Jones, LL.M. (University of Michigan, 1970), Associate Pro- fessor Charles D. Kelso, J.S.D. (Columbia University, 1968), Professor William A. Kerr, LL.M. (Harvard University, 1958), Professor Walter W. Krieger, Jr., LL.M. (George Washington University, 1969), As- sociate Professor William E. Marsh, J.D. (University of Nebraska, 1968), Assistant Professor Edward McWhinney, J.S.D. (Yale University, 1953), Professor (on leave, 1974-75) Patrick Mulvany, J.D. (Georgetown University, 1970), Assistant Professor Melvin C. Poland, LL.M. (University of Michigan, 1950), Professor Ronald W. Polston, LL.B. (University of Illinois, 1958), Professor Mary Beth Ramey, J.D., (Indiana University, 1972), Adjunct Professor Marshall J. Seidman, LL.M. (Harvard University, 1970), Professor Charles G. Reeder, J.D., (Indiana University, 1965), Adjunct Professor William A. Stanmeyer, J.D., (DePaul University, 1966), Visiting Associate Professor Kenneth M. Stroud, J.D. (Indiana University, 1961), Assistant Professor James W. Torke, J.D. (University of Wisconsin, 1968), Associate Professor R. Bruce Townsend, J.D. (University of Iowa, 1940), Professor of Juris- prudence Douglas J. Whaley, J.D. (University of Texas, 1968), Associate Professor Jeremy S. Williams, LL.M. (University of Sheffield, 1969), Professor Harold R. Woodard, J.D. (Harvard University, 1936), Professorial Lecturer Judges of the Indiana Courts Indiana Supreme Court Norman F. Arterburn, Chief Justice Roger 0. Criminal Law and Procedure William A. Kerr 137 A. Search and Seizure 138 B. Lineups and Photographic Identifications 148 C. Confessions 151 D. Guilty Pleas 155 E. Assistance of Counsel 158 F. Insanity 160 G. Habitual Criminal Prosecutions 165 H. Sentencing 167 The INDIANA LAW REVIEW is the property of Indiana University and is published six times yearly, November, December, January, March, April, and May, by the Indiana University Indianapolis Law School which assumes complete editorial responsibility therefor. Keywords: indiana; indiana law; indiana university; indianapolis; law; new; professor; review; university; volume
• The Emerging Federally Secured Right of Political Participation by Le Clercq, Frederic S. (1975) - 342 Only when the conflict between party rules and state laws is unavoidable do party rules displace state law. The number of voters in favor of a party is rele- vant in considering whether state laws violate the Equal Protec- tion Clause. Keywords: ballot; candidacy; candidates; const; constitution; court; cousins; elections; federal; interest; law; national; participation; parties; party; process; property; public; residency; review; right; rules; state; state law; thorpe; u.s; vote; voting
• The Expanding Availability of Punitive Damages in Contract Actions by Miner, Michael L. (1975) - The third district has not yet been asked to extend the availability of punitive damage awards to cases involving findings of less than fraud, but there is no reason to believe they will oppose the other districts when the time comes.69 In examining the factual record to determine whether there is sufficient evidence to warrant the award of punitive damages, it goes without saying that we must and will examine it in the light most favorable to the decision of the trial court. There- fore, punitive damage awards are never available when only sim- ple negligence is involved. Keywords: app; co.; contract; court; criminal; damages; ind; indiana; law; punishment; tort
• Getting to the Bottom of the Ninth: Continuity, Discontinuity, and the Rights Retained by the People by Gordon, Mitchell (2017) - The24 Constitution provides no further guidance about how to identify retained rights, how to think about them, or how to enforce them. A lawyer seeking to base an argument on retained rights36 will swiftly learn that arguments based on retained rights are simply not made.37 A leading Ninth Amendment scholar, Randy Barnett, has called the amendment’s role in deciding constitutional cases “all but imaginary.” Keywords: amendment; amendment rights; barnett; bill; cconnell; constitution; continuity; court; difference; differentialist; discontinuity; enumeration; government; history; indiana; law; law rights; new; ninth; ninth amendment; non; people; powers; purpose; question; rev; review; rights; states; supra note; text; u.s
• Better Than Basic Income? Liberty, Equality, and the Regulation of Working Time by Dimick, Matthew (2017) - Basic income— a no-strings-attached cash transfer m ade to all citizens of a country, rich or poor— has been lauded as a plan to eliminate poverty, reduce income inequality, redress imbalances in the labor market, remedy the impending problem of mass technology-induced unemployment—the “robot apocalypse”— and make possible meaningful lives for those otherwise dependent on menial work in the labor market. This Article compares basic income to an alternative policy proposal: the regulation of maximum working hours in the labor market. Keywords: article; case; consumption; effect; efficiency; egalitarian; hours; hours regulation; income; increase; individuals; inequality; labor; law; leisure; level; market; means; note; parijs; policy; public; regulation; review; supra; supra note; tax; time; time regulation; unemployment; van; welfare; workers; working
• The Meaning of Dispossession by Fraley, Jill (2017) - Dispossession is worth theorizing in property law and we largely have not done so. L.J. 355, 356 (2015) (“Property law has developed based on the presumption that, more often than not, individuals want to keep what they own.”). 83. Keywords: approach; claims; dispossession; labor; land; law; locke; note; possession; property; property law; rev; rights; rose; rules; supra; supra note; theory; violence
• U.S. Airlines and Antitrust: The Struggle for Defensible Policy Towards a Unique Industry by Gifford, Daniel J.; Kudrle, Robert T. (2017) - Unsurprisingly, therefore, Ciliberto and147 W illiams found that gate control at congested airports is a key element of the hub price premium.148 I. Government Supervision of M ergers and Competition From deregulation in 1978, supervision over airline mergers initially remained in the CA B . The end of the CAB came on January 1, 1985, with149 supervision over airline mergers passing to the DOT where it remained until the end of 1988. Keywords: airline; airline industry; airport; airways; american; antitrust; borenstein; carriers; competition; consumer; cost; department; doj; dot; effects; entry; guidelines; industry; law; legacy; major; market; merger; network; note; price; pricing; review; slots; southwest; supra; supra note; u.s; united
• What Should a Showing of Intent or Purpose Require in a Case of Corporate Accessory Liability for Child Slavery Under the Alien Tort Statute? by Chapman, Tabatha Halleck (2017) - Specifically, the defendant’s petition203 for writ of certiorari states “the consequences of leaving the Ninth Circuit’s ruling in place are severe,” and that: [b]y vastly expanding the scope of ATS liability, the decision below means that any company doing business in (or with) a country with a blemished human-rights record is subject to an ATS aiding-and-abetting suit. The plaintiffs alleged some of the GNPOC’s activities— building all-88 weather roads, upgrading air strips, and creating buffer zones around GNPO C facilities— aided and abetted the Government of Sudan in committing genocide, torture, war crimes, and crimes against humanity.89 The Second Circuit held the “mens rea standard for aiding and abetting liability in ATS actions [was] purpose” and that Talisman’s knowledge of the90 Sudanese Government activities did not rise to the purpose standard as there was 79. Keywords: aiding; ats; child; circuit; cocoa; courts; defendants; inc; law; liability; mens; nestle; note; purpose; rea; standard; supra; talisman
• Misclassification of Employees as Independent Contractors in Indiana: A State Legislative Solution by DeRoss, Jr., John (2017) - DEP’T OF LABOR, REPORT TO PENSION MANAGEMENT OVERSIGHT COMMISSION ON EMPLOYEE MISCLASSIFICATION 7 -8 (Sept. 29, 2010), http://www.in.gov/dol/files/IDOL_PMOC_ Report_9_29_10.pdf A 2010 report by the Indiana Department of Labor to the Pension215 M anagement Oversight Commission on employee misclassification echoed this idea. Keywords: business; contractors; control; employee; employers; independent; indiana; individual; labor; law; misclassification; note; penalties; state; supra; supra note; test; workers
• Aim for the Best, Prepare for the Worst: Indiana's Lack of Municipal Bankruptcy by Montrose, Kyle (2017) - In particular, six258 Indiana municipalities (Gary, H ammond, South Bend, Anderson, M uncie, and Terre Haute) fall into a category of “concern,” with less than ninety percent capacity. Rather, a municipality has an unavoidable duty7 to all its constituents living with and needing essential services.8 Chapter 9 of the federal Bankruptcy Code offers municipalities relief from debt that would otherwise cripple a municipality's ability to carry out fiduciary functions. Keywords: angelis; b.r; bankruptcy; chapter; city; code; creditors; debtor; detroit; filing; financial; indiana; interest; interview; law; municipalities; municipality; relief; reynolds; states; supra note; tax; tian; u.s; u.s.c
• A New Twist on Remedies: Judicial Assignment of Bad Faith Claims by Anastopoulo, Constance A. (2017) - Further, assignment of bad faith claims may incentivize an insurer against committing bad faith in negotiating the settlement of the tort action and provide protections to the third-party claimant, even though the third party lacks privity of contract with the insurer. Before addressing assignment, it is important to first understand the current state of bad faith claims in insurance law. Keywords: action; assignment; claim; co.; contract; court; debtor; faith; faith action; faith claim; insurance; insurer; judgment; law; party; plaintiff; policy; property; right; s.c; states
• In Defense of Secondary Pharmaceutical Patents: A Response to the UN's Guidelines for Pharmaceutical Patent Examination by Holman, Christopher M. (2017) - Courts in Austria62 and Germany ruled similarly, with the Austrian court noting the unexpected and surprisingly high effectiveness of olanzapine compared with prior art drugs, including: (1) potential suitability as a neuroleptic, even in small doses; (2) no extrapyramidal side-effects; (3) no agranulocytosis; and (4) fewer instances of elevated liver enzymes. The Working Paper came out25 strongly against such patent claims, recommending that M arkush claims “covering a large range of compounds should not be allowed.” Keywords: art; case; circuit; claim; combination; compound; court; decision; development; drug; effect; enantiomers; example; fact; fed; formulation; guidelines; inc; ingredient; invention; law; note; paper; patent; pharmaceutical; product; protection; release; review; salt; supra; use; working
• Teaching Social Justice in Law Schools: Whose Morality Is It? by Lawton, Julie D. (2017) - Bryce, supra note 35, at 595 (noting clinical law students encounter many of the same ethical and moral questions that they would face in practice and that clinic law students discuss these issues, not only with other clinical law students, but also with faculty members who have also faced similar challenges in practice); Rand, supra note 35, at 468 (relating a story about a clinic student working with a client on a troubling legal issue and affirmatively stating that the student needed a sense of social justice and without it the student lacked the tools to effectively analyze the situation to assist the client). The law schools at both institutions promote an ideal of social justice that encourages law students to provide pro bono legal assistance, either in legal clinics or through pro bono programs, to those financially unable to afford it. Keywords: aid; clients; clinics; education; interest; justice; law; law schools; law students; lawyers; means; need; note; practice; professor; public; responsibility; services; social; supra; supra note; teaching; university; work
• First Do No Harm: The Manipulation of Public Health for Non-Public Health Purposes and Its Legal Consequences by Ogolla, Christopher (2017) - But as the discussion below on the ACA’s contraception mandate shows, others still have profound philosophical objections to federal initiatives in health, even if213 such programs are a relatively common staple of public health law in the individual states. HEALTH 1365, 1365 (2001) (noting that “public health law is often perceived as an arcane set of rules buried deep within indecipherable statute books and regulatory codes”). Keywords: abortion; aca; act; affordable; care; case; cir; city; court; disease; district; ebola; environmental; evidence; example; federal; government; harm; health; health care; health insurance; health law; health purposes; indiana; individual; law; mandate; med; n.y; new; non; note; oct; parenthood; people; plaintiffs; privileges; protection; public; quarantine; review; services; state; supra; supreme; texas; times; u.s; united; use; vol; water; women
• (Implicit) Consent to Intimacy by Spece, Jr., Roy G.; Hilton, John K.; Younggren, Jeffrey N. (2017) - 7. Two-thirds of people diagnosed with Alzheimer’s disease are women, and seventy percent of nursing home residents are women. For example, in 2009, Evelyn Tenenbaum published a pivotal article exploring the rights and desires of nursing home residents to be sexual beings, but cautioned against the risk of unsafe and abusive relationships that can result. Keywords: activity; alzheimer; capacity; care; consent; decision; dementia; disease; home; husband; interests; intimacy; law; note; nursing; nursing home; partner; person; policies; resident; right; sex; spouse; supra; supra note; surrogate
• Shielding the Presumption of Innocence from Pretrial Media Coverage by Tanoos, Ariana (2017) - 10 The purpose of this Note is to advocate for courts and lawmakers to adopt methods to shield the presumption of innocence from the damaging effects of pretrial media coverage to balance the press’s First Amendment freedoms with the constitutional rights afforded criminal defendants by the Fifth, Sixth, and Fourteenth Amendments. As Supreme Court jurisprudence relating to the presumption of96 innocence moved away from the Coffin opinion, protection of the presumption became increasingly relaxed and allowed the media more leeway to intrude on the rights of those accused of criminal offenses.97 To combat these effects, this Note argues that the Supreme Court should reinstate its holding in Coffin that the presumption of innocence is distinct and separate from the burden of proof, thereby reinforcing its importance as a substantive right of criminal defendants. Keywords: amendment; burden; court; crime; criminal; defendant; innocence; law; media; note; press; presumption; pretrial; proof; publicity; rights; supra; supra note; u.s
• Front Matter by Law Review, Indiana (1975) - Indiana Law Review Volume 8 1974-1975 Editor-in-Chief Debra A. Falender Article and Book Review Editors Michael J. Bleck James J. Brennan Wayne E. Gresham Indiana Revieiv Editor Managing Editor Kristin Pfeifer Sheila Suess Note and Development Editors Lonnie D. Collins Baker R. Rector Robert L. Hartley, Jr. Lewis A. Shaffer Associate Editors J. Michael Antrim James W. Greives Robert L. Bauman Timothy E. Hollingsworth Thomas J. Blee John F. Michaels Ronald J. Brothers Robert L. Miller, Jr. James T. Burns Rickey R. Pate James E. Davis Kathleen N. Ryan Brian J. Fahey Susan B. Tabler Michael S. Fischer Donald J. Tribbett David W. Gray Randy W. Young Faculty Advisor Paul J. Galanti Business Manager Mary Ann Motza Indiana University Indianapolis Law School 1974-1975 ADMINISTRATIVE OFFICERS AND FACULTY John W. Ryan, Ph. D., President of the University Glenn W. Irwin, Jr., M.D., Vice President of the University William F. Harvey, LL.M., Dean, Indianapolis Law School G. Kent Frandsen, J.D., Assistant Dean, Indianapolis Law School Thomas B. Allington, LL.M. (New York University, 1971), Professor Edward P. Archer, LL.M. (Georgetown University, 1964), Professor Charles W. Ardery, Jr., LL.B. (University of Michigan, 1957), Adjunct Professor James F. Bailey, III, J.D., M.A.L.S. (University of Michigan, 1964, 1970), Director of Library and Associate Professor Gerald L. Bepko, LL.M. (Yale University, 1972), Associate Professor Clyde H. Crockett, LL.M. (The London School of Economics, 1972), Asso- ciate Professor Robert F. Dugan, M.C.L. (University of Chicago, 1969), Associate Professor Cleon H. Foust, J.D. (University of Arizona, 1933), Professor William F. Fox, Jr., LL.M. (Harvard University, 1974), Assistant Professor G. Kent Frandsen, J.D. (Indiana University, 1965), Assistant Dean and Associate Professor David A. Funk, LL.M. (Columbia University, 1973), Associate Professor Paul J. Galanti, J.D. (University of Chicago, 1963), Associate Professor Alan H. Goldstein, J.D., (Indiana University, 1969), Adjunct Professor John S. Grimes, J.D. (Indiana University, 1931), Professor of Jurisprudence Jeffrey W. Grove, J.D. (George Washington University, 1969), Associate Professor William F. Harvey, LL.M. (Georgetown University, 1961), Dean and Pro- fessor Lawrence A. Jegen, III, LL.M. (New York University, 1963), Professor William R. Jones, LL.M. (University of Michigan, 1970), Associate Pro- fessor Charles D. Kelso, J.S.D. (Columbia University, 1968), Professor William A. Kerr, LL.M. (Harvard University, 1958), Professor Walter W. Krieger, Jr., LL.M. (George Washington University, 1969), As- sociate Professor William E. Marsh, J.D. (University of Nebraska, 1968), Assistant Professor Edward McWhinney, J.S.D. (Yale University, 1953), Professor (on leave, 1974-75) Patrick Mulvany, J.D. (Georgetown University, 1970), Assistant Professor Melvin C. Poland, LL.M. (University of Michigan, 1950), Professor Ronald W. Polston, LL.B. (University of Illinois, 1958), Professor Mary Beth Ramey, J.D., (Indiana University, 1972), Adjunct Professor Marshall J. Seidman, LL.M. (Harvard University, 1970), Professor Charles G. Reeder, J.D., (Indiana University, 1965), Adjunct Professor William A. Stanmeyer, J.D., (DePaul University, 1966), Visiting Associate Professor Kenneth M. Stroud, J.D. (Indiana University, 1961), Assistant Professor James W. Torke, J.D. (University of Wisconsin, 1968), Associate Professor R. Bruce Townsend, J.D. (University of Iowa, 1940), Professor of Juris- prudence Douglas J. Whaley, J.D. (University of Texas, 1968), Associate Professor Jeremy S. Williams, LL.M. (University of Sheffield, 1969), Professor Harold R. Woodard, J.D. (Harvard University, 1936), Professorial Lecturer Judges of the Indiana Courts Indiana Supreme Court Norman F. Arterburn, Chief Justice Roger 0. Criminal Law and Procedure William A. Kerr 137 A. Search and Seizure 138 B. Lineups and Photographic Identifications 148 C. Confessions 151 D. Guilty Pleas 155 E. Assistance of Counsel 158 F. Insanity 160 G. Habitual Criminal Prosecutions 165 H. Sentencing 167 The INDIANA LAW REVIEW is the property of Indiana University and is published six times yearly, November, December, January, March, April, and May, by the Indiana University Indianapolis Law School which assumes complete editorial responsibility therefor. Keywords: indiana; indiana law; indiana university; indianapolis; law; new; professor; review; university; volume
• Bank Liability for Wrongful Dishonor: UCC Section 4-402—Is Revision Needed? by Daniels, William L. (1975) - The problem of a bank's liability for wrongful dishonor has been confronted by common law doctrines, the American Bank- ing Association's proposed statute regarding wrongful dishonor (ABA statute),8 and finally section 4-402 of the Uniform Com- mercial Code. This Comment briefly traces common law princi- ples governing a bank's liability for wrongful dishonor, the effect of the ABA statute, and the enactment of Uniform Commercial Code section 4-402. Keywords: bank; code; commercial; court; credit; customer; damages; dishonor; law; plaintiff; recovery; section; trader; uniform; wrongful
• Legal Education Reconsidered by Areen, Judith (2017) - Over the past six years, the national applicant pool to law school has declined by more than thirty-six percent. Let me repeat that: Over the past six years, the national applicant pool2 to law school has declined by more than thirty-six percent. Keywords: american; education; faculty; graduates; indiana; jobs; law; law schools; lawyers; number; schools; states; students; years
• Survey of Indiana Administrative Law by Herceg, Manuel; Balzer, Tabitha L. (2017) - The attorney took the matter to the Indiana Public Access251 Counselor, who agreed that the M CEB needed to adopt a uniform policy, but advised that this action needed to be taken immediately because the M CEB may not refuse to adopt a policy as a way to avoid responding to an A PRA request.252 After receiving the Public Access Counselor’s advisory opinion, the attorney sued in trial court on behalf of other plaintiffs and himself. W hile courts have developed steadfast principles to address these issues, it is important to review how the courts apply those principles in the context of an evolving administrative state. Keywords: administrative; agency; appeal; arren; assessor; attorney; board; case; code; court; department; evidence; indiana; issue; law; n.e.3d; public; review; statute; township
• Banking, Business, and Contract Law by Sullivan, Jr., Frank (2017) - This Article will not itemize every banking, business, and contract law case decided during the survey period. BANKING, BUSINESS, AND CONTRACT LAW FRANK SULLIVAN, JR.*, ** This Article surveys banking, business, and contract law decisions of the Indiana Supreme C ourt (“Court”) and Indiana Court of Appeals (“Court of Appeals”) between September 1, 2015, and August 31, 2016. Keywords: agreement; app; appeals; bank; breach; business; case; code; contract; court; disposition; ibm; inc; ind; indiana; judgment; law; llc; mortgage; n.e.3d; parties; property; review; state; supreme; survey; trial; trial court
• Emerging Federal Reliance--Continued State Constitutional Minimalism: Indiana State Constitutional Law Summaries--2015-2016 by Chinn, Scott; Pulliam, Daniel E. (2017) - , Indiana courts showed signs of relying increasingly on federal case law to interpret Indiana constitutional principles. A pill found inside the bottle was later191 confirmed to be H ydrocodone for which the driver lacked a valid prescription.192 Because there was no dispute that the arrest and the pat-down were lawful, under the Litchfield reasonableness factors, the court addressed whether the search of the pill container was “reasonable” under the Indiana Constitution.193 Under Litchfield v. State, Indiana courts determine the reasonableness of a194 search under article 1, section 11 by looking at: “(1) T he degree of concern, suspicion, or knowledge that a violation has occurred, (2) the degree of the intrusion the method of the search or seizure imposes on the citizen’s ordinary 182. Keywords: app; appeals; article; constitution; court; decision; defendant; general; ind; indiana; indiana law; jury; law; n.e.3d; search; section; state; statute; supreme; supreme court
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M. (2017) - The opinion concluded that in future cases trial courts should issue factual findings addressing the three-part test because trial judges are “in the best position to consider the sincerity of the parties’ arguments regarding the three- part test, as well as the overall costs associated with the proposed depositions, and potential alternatives that may better promote pre-trial efficiency of the case. But in egregious cases where juror conduct fundamentally com prom ises the appearance of juror neutrality, trial courts should skip Currin’s two-part inquiry, find irrebuttable prejudice, and immediately declare a mistrial. Keywords: app; appeals; case; court; criminal; defendant; ind; indiana; jury; law; n.e.3d; opinion; sentence; state; statute; supreme; trial; trial court
• Developments in Intellectual Property Law: October 1, 2015--September 30, 2016 by Carter, R. Trevor; Morton, Trenton B.; Dodge, Reid E. (2017) - Application of this40 standard provides a significant advantage to parties seeking to invalidate patents at the PTAB because, in federal district court patent cases, claim construction is decided under the narrower Phillips v. AWH claim construction standard: “[W ]ords of a claim ‘are generally given their ordinary and customary meaning.’” In the wake of the recent U.S. Supreme Court cases of M ayo Collaborative Services v. Prometheus Laboratories, Inc. and Alice Corp. Pty Ltd. v. CLS Bank International, to determine whether patent claims are eligible under § 101, courts have applied a two-step analysis. Keywords: circuit; claims; court; decision; district; federal; heartland; inc; ipr; law; llc; patent; ptab; review; shaw; standard
• Survey of Recent Developments in Indiana Product Liability Law by Alberts, Joseph R.; Thornburg, Robert B.; Buttrick, Hilary G. (2017) - PRODUCT LIABILITY 1307 therefore, proper defendants in Indiana product liability cases. Several of those cases addressed who may file suit in Indiana as product liability plaintiffs because they are “users” Keywords: cases; claims; code; court; defect; dist; inc; ind; indiana; ipla; law; lexis; liability; n.d; n.e.2d; plaintiff; product; section; theory; u.s
• Survey of Recently Reported Cases in Real Property Law by Crist, Brian C.; Aft, Aaron; Touney, Gregory C. (2017) - [Vol. 50:1363 Property Assessment M anual, and the assessor was required to submit evidence that the sale was not an arm ’s-length transaction or that other properties were selling for more than $18,000,000, which it did not do.33 C. Jones v. Jefferson County Assessor In Jones v. Jefferson County Assessor, the Tax Court considered whether34 to uphold an assessment of real property on which construction of a residence was alleged to be incomplete. Because the Homeowners did not present the Board with any “market-43 based evidence of their property’s market value-in-use,” the Tax Court found no basis for reversing the Board’s final determination.44 D. Gillette v. Brown County Assessor In Gillette v. Brown County Assessor, the Tax Court considered the45 appropriate approach to challenging the assessed value of real property. Keywords: agreement; appeals; contract; county; court; estate; ind; indiana; landlord; law; lease; lender; n.e.3d; notice; owner; property; property law; purchaser; sale; seller; tax; tenant; trial; trial court
• Recent Developments in Indiana Taxation Survey 2016 by Jegen III, Lawrence A.; Prescott, Peter; Jones, Justin W. (2017) - — On February 20,535 2012, ten days before the hearing on Popovich’s first motion to compel, the Indiana Tax Court ordered the Department to provide “a discrete and numbered list of each item it sought to be protected from discovery.” Tax Court, IN.GOV, http://www.in.gov/ judiciary/opinions/archtax.html Keywords: acts; assessment; assessor; board; case; code; county; department; evidence; income; income tax; ind; indiana; indiana board; indiana code; indiana department; indiana tax; issue; law; motion; n.e.3d; popovich; property; property tax; pub; sales; state; summary; t.c; tax court; taxation; taxes; term; use; value
• Recent Developments in Indiana Tort Law by Kruse, Paul S.; Morris, Larry L.; Boyle, Heather D.; Rasmussen, Janelle J. (2017) - The court of116 appeals also determined where a party timely filed summary judgment affidavits, albeit inadequate ones, the trial court did not abuse its discretion in refusing to permit the party to cure the deficiency by filing supplement affidavits months later and on the eve of the summary judgment hearing.117 Appellee suffered an injury to her left eye that required a corneal transplant. PROCEDURE A. Summary Judgment In Siner v. Kindred H ospital Ltd. Partnership d/b/a Kindred Hospital of Indianapolis, the Indiana Supreme Court held where defendants’ designated71 evidence revealed conflicting medical opinions on the element of causation, summary judgment was inappropriate.72 Siner was admitted to the hospital for treatment. Keywords: accident; appeals; appellant; claim; court; damages; defendants; duty; evidence; ind; indiana; injury; insurance; judgment; law; medical; n.e.3d; plaintiff; review; section; summary; supreme; supreme court; trial court
• Selected Developments in Indiana Tort Law (1993-2012) by Sullivan, Jr., Frank (2017) - I will then identify two major areas where Indiana tort law differs from that of other jurisdictions. Beyond that, I will discuss some selected developments in Indiana tort law that I believe to be noteworthy. Keywords: act; app; article; asbestos; boehm; case; claims; code; collateral; court; damages; defendant; dickson; duty; immunity; inc; ind; indiana; indiana law; injury; insurance; justice; law; liability; malpractice; medical; n.e.2d; negligence; opinion; plaintiff; progressive; reform; review; rule; source; state; statute; tort; tort law
• The Impeachment Exception : Decline of the Exclusionary Rule by Joest, David (1975) - 132C/. United States v. Hale, 95 S. Ct. 2133 (1975), affg United States v. Anderson, 408 F.2d 1038 (D.C. Cir. 1974). THE IMPEACHMENT EXCEPTION 865 The Impeachment Exception: Decline of the Exclusionary Rnle? I. Introduction Since its inception in 1914 in Weeks v. United States,* the exclusionary rule has become one of the chief remedies for the protection of constitutional guarantees in the criminal process. Keywords: amendment; cir; court; defendant; evidence; f.2d; harris; impeachment; law; miranda; police; rule; statement; states; u.s; united; united states; v. united
• Front Matter by Law Review, Indiana (1975) - Indiana Law Review Volume 8 1974-1975 Editor-in-Chief Debra A. Falender Article and Book Review Editors Michael J. Bleck James J. Brennan Wayne E. Gresham Indiana Revieiv Editor Managing Editor Kristin Pfeifer Sheila Suess Note and Development Editors Lonnie D. Collins Baker R. Rector Robert L. Hartley, Jr. Lewis A. Shaffer Associate Editors J. Michael Antrim James W. Greives Robert L. Bauman Timothy E. Hollingsworth Thomas J. Blee John F. Michaels Ronald J. Brothers Robert L. Miller, Jr. James T. Burns Rickey R. Pate James E. Davis Kathleen N. Ryan Brian J. Fahey Susan B. Tabler Michael S. Fischer Donald J. Tribbett David W. Gray Randy W. Young Faculty Advisor Paul J. Galanti Business Manager Mary Ann Motza Indiana University Indianapolis Law School 1974-1975 ADMINISTRATIVE OFFICERS AND FACULTY John W. Ryan, Ph. D., President of the University Glenn W. Irwin, Jr., M.D., Vice President of the University William F. Harvey, LL.M., Dean, Indianapolis Law School G. Kent Frandsen, J.D., Assistant Dean, Indianapolis Law School Thomas B. Allington, LL.M. (New York University, 1971), Professor Edward P. Archer, LL.M. (Georgetown University, 1964), Professor Charles W. Ardery, Jr., LL.B. (University of Michigan, 1957), Adjunct Professor James F. Bailey, III, J.D., M.A.L.S. (University of Michigan, 1964, 1970), Director of Library and Associate Professor Gerald L. Bepko, LL.M. (Yale University, 1972), Associate Professor Clyde H. Crockett, LL.M. (The London School of Economics, 1972), Asso- ciate Professor Robert F. Dugan, M.C.L. (University of Chicago, 1969), Associate Professor Cleon H. Foust, J.D. (University of Arizona, 1933), Professor William F. Fox, Jr., LL.M. (Harvard University, 1974), Assistant Professor G. Kent Frandsen, J.D. (Indiana University, 1965), Assistant Dean and Associate Professor David A. Funk, LL.M. (Columbia University, 1973), Associate Professor Paul J. Galanti, J.D. (University of Chicago, 1963), Associate Professor Alan H. Goldstein, J.D., (Indiana University, 1969), Adjunct Professor John S. Grimes, J.D. (Indiana University, 1931), Professor of Jurisprudence Jeffrey W. Grove, J.D. (George Washington University, 1969), Associate Professor William F. Harvey, LL.M. (Georgetown University, 1961), Dean and Pro- fessor Lawrence A. Jegen, III, LL.M. (New York University, 1963), Professor William R. Jones, LL.M. (University of Michigan, 1970), Associate Pro- fessor Charles D. Kelso, J.S.D. (Columbia University, 1968), Professor William A. Kerr, LL.M. (Harvard University, 1958), Professor Walter W. Krieger, Jr., LL.M. (George Washington University, 1969), As- sociate Professor William E. Marsh, J.D. (University of Nebraska, 1968), Assistant Professor Edward McWhinney, J.S.D. (Yale University, 1953), Professor (on leave, 1974-75) Patrick Mulvany, J.D. (Georgetown University, 1970), Assistant Professor Melvin C. Poland, LL.M. (University of Michigan, 1950), Professor Ronald W. Polston, LL.B. (University of Illinois, 1958), Professor Mary Beth Ramey, J.D., (Indiana University, 1972), Adjunct Professor Marshall J. Seidman, LL.M. (Harvard University, 1970), Professor Charles G. Reeder, J.D., (Indiana University, 1965), Adjunct Professor William A. Stanmeyer, J.D., (DePaul University, 1966), Visiting Associate Professor Kenneth M. Stroud, J.D. (Indiana University, 1961), Assistant Professor James W. Torke, J.D. (University of Wisconsin, 1968), Associate Professor R. Bruce Townsend, J.D. (University of Iowa, 1940), Professor of Juris- prudence Douglas J. Whaley, J.D. (University of Texas, 1968), Associate Professor Jeremy S. Williams, LL.M. (University of Sheffield, 1969), Professor Harold R. Woodard, J.D. (Harvard University, 1936), Professorial Lecturer Judges of the Indiana Courts Indiana Supreme Court Norman F. Arterburn, Chief Justice Roger 0. Criminal Law and Procedure William A. Kerr 137 A. Search and Seizure 138 B. Lineups and Photographic Identifications 148 C. Confessions 151 D. Guilty Pleas 155 E. Assistance of Counsel 158 F. Insanity 160 G. Habitual Criminal Prosecutions 165 H. Sentencing 167 The INDIANA LAW REVIEW is the property of Indiana University and is published six times yearly, November, December, January, March, April, and May, by the Indiana University Indianapolis Law School which assumes complete editorial responsibility therefor. Keywords: indiana; indiana law; indiana university; indianapolis; law; new; professor; review; university; volume
• Realty Shelter Partnerships in a Nutshell by Weidner, Donald J. (1975) - In determining the general partners' interests in such items, limited partnership interests owned by the general partners shall not be taken into account. Vestal knew assignees of an oil and gas lease who were attempting to sell limited partnership interests to raise money to drill additional wells required of them by the lease assignment. Keywords: capital; cash; court; income; interest; law; liability; limited; limited partnership; losses; net; organization; partnership; partnership income; partnership interest; partnership losses; regulations; section; shelter; tax
• Front Matter by Law Review, Indiana (1974) - Indiana Law Review Volume 8 1974-1975 Editor-in-Chief Debra A. Falender Article and Book Review Editors Michael J. Bleck James J. Brennan Wayne E. Gresham Indiana Revieiv Editor Managing Editor Kristin Pfeifer Sheila Suess Note and Development Editors Lonnie D. Collins Baker R. Rector Robert L. Hartley, Jr. Lewis A. Shaffer Associate Editors J. Michael Antrim James W. Greives Robert L. Bauman Timothy E. Hollingsworth Thomas J. Blee John F. Michaels Ronald J. Brothers Robert L. Miller, Jr. James T. Burns Rickey R. Pate James E. Davis Kathleen N. Ryan Brian J. Fahey Susan B. Tabler Michael S. Fischer Donald J. Tribbett David W. Gray Randy W. Young Faculty Advisor Paul J. Galanti Business Manager Mary Ann Motza Indiana University Indianapolis Law School 1974-1975 ADMINISTRATIVE OFFICERS AND FACULTY John W. Ryan, Ph. D., President of the University Glenn W. Irwin, Jr., M.D., Vice President of the University William F. Harvey, LL.M., Dean, Indianapolis Law School G. Kent Frandsen, J.D., Assistant Dean, Indianapolis Law School Thomas B. Allington, LL.M. (New York University, 1971), Professor Edward P. Archer, LL.M. (Georgetown University, 1964), Professor Charles W. Ardery, Jr., LL.B. (University of Michigan, 1957), Adjunct Professor James F. Bailey, III, J.D., M.A.L.S. (University of Michigan, 1964, 1970), Director of Library and Associate Professor Gerald L. Bepko, LL.M. (Yale University, 1972), Associate Professor Clyde H. Crockett, LL.M. (The London School of Economics, 1972), Asso- ciate Professor Robert F. Dugan, M.C.L. (University of Chicago, 1969), Associate Professor Cleon H. Foust, J.D. (University of Arizona, 1933), Professor William F. Fox, Jr., LL.M. (Harvard University, 1974), Assistant Professor G. Kent Frandsen, J.D. (Indiana University, 1965), Assistant Dean and Associate Professor David A. Funk, LL.M. (Columbia University, 1973), Associate Professor Paul J. Galanti, J.D. (University of Chicago, 1963), Associate Professor Alan H. Goldstein, J.D., (Indiana University, 1969), Adjunct Professor John S. Grimes, J.D. (Indiana University, 1931), Professor of Jurisprudence Jeffrey W. Grove, J.D. (George Washington University, 1969), Associate Professor William F. Harvey, LL.M. (Georgetown University, 1961), Dean and Pro- fessor Lawrence A. Jegen, III, LL.M. (New York University, 1963), Professor William R. Jones, LL.M. (University of Michigan, 1970), Associate Pro- fessor Charles D. Kelso, J.S.D. (Columbia University, 1968), Professor William A. Kerr, LL.M. (Harvard University, 1958), Professor Walter W. Krieger, Jr., LL.M. (George Washington University, 1969), As- sociate Professor William E. Marsh, J.D. (University of Nebraska, 1968), Assistant Professor Edward McWhinney, J.S.D. (Yale University, 1953), Professor (on leave, 1974-75) Patrick Mulvany, J.D. (Georgetown University, 1970), Assistant Professor Melvin C. Poland, LL.M. (University of Michigan, 1950), Professor Ronald W. Polston, LL.B. (University of Illinois, 1958), Professor Mary Beth Ramey, J.D., (Indiana University, 1972), Adjunct Professor Marshall J. Seidman, LL.M. (Harvard University, 1970), Professor Charles G. Reeder, J.D., (Indiana University, 1965), Adjunct Professor William A. Stanmeyer, J.D., (DePaul University, 1966), Visiting Associate Professor Kenneth M. Stroud, J.D. (Indiana University, 1961), Assistant Professor James W. Torke, J.D. (University of Wisconsin, 1968), Associate Professor R. Bruce Townsend, J.D. (University of Iowa, 1940), Professor of Juris- prudence Douglas J. Whaley, J.D. (University of Texas, 1968), Associate Professor Jeremy S. Williams, LL.M. (University of Sheffield, 1969), Professor Harold R. Woodard, J.D. (Harvard University, 1936), Professorial Lecturer Judges of the Indiana Courts Indiana Supreme Court Norman F. Arterburn, Chief Justice Roger 0. Criminal Law and Procedure William A. Kerr 137 A. Search and Seizure 138 B. Lineups and Photographic Identifications 148 C. Confessions 151 D. Guilty Pleas 155 E. Assistance of Counsel 158 F. Insanity 160 G. Habitual Criminal Prosecutions 165 H. Sentencing 167 The INDIANA LAW REVIEW is the property of Indiana University and is published six times yearly, November, December, January, March, April, and May, by the Indiana University Indianapolis Law School which assumes complete editorial responsibility therefor. Keywords: indiana; indiana law; indiana university; indianapolis; law; new; professor; review; university; volume
• Exclusionary Zoning: Will the Law Provide a Remedy? by Polsky, Howard (1975) - The constitutional provision authorizing zoning ordinances is N.J. Const, art. Exclusionary zon- ing can be defined as a means by which a local government can exclude those whom the community does not wish to have as residents by creating zoning ordinances which frustrate the ability of undesirables to move into the community. Keywords: area; case; city; clause; community; court; euclid; housing; income; land; law; municipality; ordinance; protection; township; u.s; welfare; zoning; zoning ordinance
• Front Matter by Law Review, Indiana (1975) - Indiana Universsiiy School of Law—-Indianapolis 1975-1976 ADMINISTRATIVE OFFICERS AND FACULTY John W. Ryan, Ph. D., President of the University Glenn W. Irwin, Jr., M.D., Vice President of the University William F. Harvey, LL.M., Dean, Indiana University School of Law—Indian- apolis G. Kent Frandsen, J.D., Assistant Dean, Indiana University School of Law— hidianupolis Thomas B. Allington, LL.M. (New York University, 1971), Professor Edward P. Archer, LL.M. (Georgetown University, 1964), Professor Charles W. Ardery, Jr., LL.B., (University of Michigan, 1957), Adjunct Professor James F. Bailey, III, J.D., M.A.L.S. (University of Michigan, 1964, 1970), Director of Library and Associate Professor Agnes Barrett, J.D. (Indiana University, 1964), Associate Professor Gerald L. Bepko, LL.M. (Yale University, 1972), Professor Bernard J. Boyle, LL.D. (DePaul University, 1949), Lecturer Clyde H. Crockett, LL.M. (The London School of Economics, 1972), Asso- ciate Professor Robert F. Dugan, M.C.L. (University of Chicago, 1969), Associate Professor Cleon H. Foust, J.D. (University of Arizona, 1933), Professor G. Kent Frandsen, J.D. (Indiana University, 1965), Assistant Dean and Associate Professor David A. Funk, LL.M. (Columbia University, 1973), Associate Professor Paul J. Galanti, J.D. (University of Chicago, 1963), Professor John J. Gallagher, J.D. (Cornell University, 1972), Assistant Professor Alan H. Goldstein, J.D. (Indiana University, 1969), Adjunct Professor John S. Grimes, J.D. (Indiana University, 1931), Professor of Jurisprudence Jeffrey W. Grove, J.D. (George Washington University, 1969), Associate Professor William F. Harvey, LL.M. (Georgetown University, 1961), Dean and Pro- feasor Lawrence A. Jbxsen, III, LL.M. (New York University, 1963), Pt^fessor William R. Jones, LL.M. (University of Michigan, 1970), Associate Pro- fessor (on leave 1975-76) Charles D. Kelso, J.S.D. (Columbia University, 1968), Professor William A. Kerr, LL.M. (Harvard University, 1958), Professor Judith T. Kirtland, J.D. (Indiana University, 1974), Lecturer Walter W. Krieger, Jr., LL.M. (George Washington University, 1969), As- sociate Professor William E. Marsh, J.D. (University of Nebraska, 1968), Associate Professor Patrick Mulvaney, J.D. (Georgetown University, 1970), Assistant Professor Melvin C. Poland, LL.M. (University of Michigan, 1950), Professor Ronald W. Polston, LL.B. (University of Illinois, 1958), Professor Judith S. Profpitt, J.D. (Indiana University, 1971), Lecturer Marshall J. Seidman, LL.M. (Harvard University, 1970), Professor Charles G. Reeder, J.D. (Indiana University, 1965), Lecturer William A. Stanmeyer, J.D. (DePaul University, 1966), Associate Professor Kenneth M. Stroud, J.D. (Indiana University, 1961), Assistant Professor James W. Torke, J.D. (University of Wisconsin, 1968), Associate Professor R. Bruce Townsend, J.D. (University of Iowa, 1940), Professor of Juris- prudence Douglas J. Whaley, J.D. (University of Texas, 1968), Professor James P. White, LL.M. (George Washington University, 1959), Professor (on leave) Harold R. Woodard, J.D. (Harvard University, 1936), Professorial Lecturer Indiana Law Review 1975-76 The Trustees of Indiana University Copyright © 1975, 1976 Indiana Laiv Reviei^ Volume 9 1975-1976 Editor^n-Chief Susanne B. Jones Indiana Review Editor Nathaniel Ruff Managing Editor John W. Boyd Article and Book Review Editors Nathaniel Ruff Michael A. Shum Bruce A. Walker Note and Development Editors Richard J. Dick John T. LaMaccMa Bruce A. Hewetson Howard D. Polsky David R. Joest Phillip A. Terry Asaoeiate Editors Tony H. Abbott Jill Brown Carolyn S. Coukos Thomas C. Doehrman Phyllis E. Hartsock Sherry F. Hinchman Douglas B. King Sandra G. Lamp Paul F. Lindemann Phyllis M. McGurk Michael L. Miner Ellen S. Podgor Richard P. Samek Paul D. Spillers Heather M. Wiske Research Staff Carl W. Grow Audrey K. Grossman David M. Hamacher Jerrilee P. SutherUn Kathryn S. Wunsch Facvlty Advisor Paul J. Galanti Indiana Lai^ Revieiv Volume 9 1975 Number 1 Copyrigrht O 1975 by the Trustees of Indlaiia University Survey of Recent Developments in Indiana Law L Foreword Stephen C. Daniel 1 A. Legislative History 2 B. Jurisdiction and Procedure 4 C. Nonattorneys as Judges 6 • D. Small Claims Dockets in Circuit and Superior Courts 7 E. Financing « 9 F. Caseloads 11 G. Public Reception 12 IL Administrative Law William E. Marsh 14 A. Scope of Judicial Review 14 B. Standing to Secure Review 20 C. Exhaustion of Administrative Remedies _„ 24 . Keywords: associate; indiana; j.d; law; ll.m; professor; university
• Foreword by Daniel, Stephen C. (1975) - The law provides for county courts to serve sixty-two counties,^ for small claims dockets to be created ^Executive Secretary, Indiana Judicial Study Commission. At opposite extremes were a bill simply to extend the present justice of the x)eace sys- tem* and another to create a statewide system of county courts.' Keywords: cases; circuit; claims; county; county court; court; indiana; justice; law; peace; system
• Business Associations by Galanti, Paul J. (1975) - 776 (S.D. Ind. 1974), the court held that a corporation organized under the Indiana Not-for- Profit Corporation Act of 1971, Ind. Code §§23-7-1.1-1 to -66 (Burns 1972), 1975] SURVEY—BUSINESS ASSOCIATIONS U V, Levin,'^ where the Third District Court of Appeals affirmed a summary judgment entered against Leo Abrahamson Vjy the Lake Superior Court. The reference to the Securities Law provision is to the new language added by Ind. Code §§ 23-2-1-1 to -20 (Burns Supp. 1975). Keywords: act; app; burns; business; co.; code; commissioner; company; corporate; corporation; court; creditors; general; ind; indiana; law; n.e.2d; offer; partnership; section; securities; state; subsection; supp; survey
• Civil Procedure and Jurisdiction by Harvey, William F. (1975) - Indiana courts are deprived of jurisdiction of claims if this procedure is not followed. Of course, nothing in the court's opinion precludes a party from asserting a lack of subject matter jurisdiction at any time in the proceedings in either the transferror or transferree court. Keywords: appeals; case; defendant; errors; ind; indiana; judgment; law; motion; n.e.2d; order; plaintiff; state; supreme court; trial court; trial rule
• Constitutional Law by Stanmeyer, William A. (1975) - '°«390 U.S. 676 (1968). ^°9322 N.E.2d at 734, quoting from 890 U.S. at 690 (emphasis added by Indiana court). '' In Shelley the Court held that private restrictive covenants designed to exclude designated minority members from residential areas do not per se violate the fourteenth amendment equal protection clause, but state court enforcement of such covenants does violate the clause. Keywords: action; case; court; indiana; interest; law; n.e.2d; plaintiff; protection; public; question; right; school; state; u.s
• Consumer Law by Whaley, Douglas J. (1975) - 2''The Equal Credit Opportunity Act, 15 U.S.C.A. §§ 1691-91e (Supp. 1, 1975). '^^The new amendments to the Truth in Lending Act provisions on credit cards, 15 U.S.C.A. §§ 1644-45 (Supp. Keywords: act; bank; card; consumer; credit; customer; law; product; supp; u.s.c.a; warrantor; warranty
• Contracts and Commercial Law by Bepko, Gerald L. (1975) - See Ind. Code §26-1-2-105(1) (Bums 1974). Ind. Code §34-4-19-1 (Burns 1973). Keywords: app; bank; burns; care; cases; co.; code; contract; court; franchise; general; indiana; law; liability; n.e.2d; plaintiff; section; supp; ucc; warranty
• Domestic Relations by Fox, William (1975) - Fol- lowing the common law tradition of first looking for court decisions construing a statute before grappling with the statute itself, the appellate court inter- preted this statute only after concluding that: Neither of the parties cited any authority under the [maintenance] statute and it now appears that none has been enunciated by this court. Paternity In two paternity actions, separate Indiana courts of appeals recently reaffirmed the principle that the mother bears the burden of proving paternity. Keywords: act; appeals; child; code; court; custody; decision; district court; father; ind; indiana; law; marriage; mother; n.e.2d; parents; state; support; supreme court; trial court
• Evidence by Marple, William (1975) - This circumstantial authentication, coupled with the fact that the adjuster personally took the statements contained in the recording and could, therefore, testify to the accuracy of the recording and the exact time and place it was taken, was sufficient to qualify the adjuster to identify the voice as that of Bailey.^' Judge Robertson, writing for the court, also stated that the re- quirement in Lamar that *all required warnings were given and all necessary acknowledgements and waivers were knowingly and intelligently given' '^ is applicable only to criminal cases.^^ 2, Scientific Evidence -^ Failure to follow the strict technical foundation requirements for the admissibility of breathalyzer test results, coupled with the lack of other evidence, caused the reversal of a conviction for reckless homicide and involuntary manslaughter in Jones v, StoM.^^ Other evidence of intoxication in Klebs sufficient to make errors in establishing the foundation requirements harmless was eyewitness testimony of Klebs' erratic driving and consumption of eight to ten drinks in 3^ hours at a restaurant a close distant from the collision. Keywords: app; court; defendant; evidence; ind; indiana; law; n.e.2d; rule; state; statement; survey; testimony; trial
• Secured Transactions and Creditors' Rights by Townsend, R. Bruce (1975) - Ind. Code § 22-2-6-2 (c) (10) (Burns Supp. 1975). Ind. Code §24-4.5-3-501(2) (Burns 1974). Keywords: app; burns; case; code; contract; court; ind; indiana; interest; land; law; lien; mechanic; n.e.2d; notice; owner; possession; property; purchaser; statute; title; vendor
• Torts by Brennan, James J. (1975) - Although the phrase positive wrong- ful act arguably includes a positive negligent act, the courts of appeals have been unable to agree whether the Boiven court in- tended the phrase to denote negligent as well as wilful and wan- ton acts.^' By limiting its inquiry to a determination of whether the de- fendant had alleged a positive wrongful act, the Pallikan court disregarded several other standards that Indiana courts have used to define the duty of care owed to licensees. There are numerous decisions in which Indiana courts have found a plaintiff contributorily negligent as a matter of law when he voluntarily and intentionally exposed himself to a danger cre- ated by the defendant's negligence.^* Keywords: act; app; care; claimant; court; defendant; doctrine; health; ind; indiana; jury; law; liability; medical; n.e.2d; negligence; plaintiff; recovery
• Trusts and Decedents' Estates by Poland, Melvin C. (1975) - Code § 29-1-2-7 (b) (2) (Burns 1972), 327 N.E.2d at 618; and whether at the time decedent executed his will he believed plaintiff - appellee to be dead as required under Ind. Code § 29-1-3-8 (b) (Burns 1972) for taking by a pretermitted heir, 327 N.E.2d at 619-20. 7 'Uniform Probate Code §3-501 & Comment; Uniform Probate Code Practice Manual § 9.1 (R. Wright ed. 1972) Keywords: administration; burns; burns supp; code; court; decedent; estate; indiana; law; probate; probate code; supp
• Front Matter by Law Review, Indiana (1976) - Indiana Law Review Indiana Laiiv Revieiiv Volume 9 1976 Number 2 Copyright © 1976 by the Trustees of Indiana University Article The Flammable Fabrics Act and Strict Liability in Tort David C. Campbell, John F. Vargo 395 Notes Indiana's Rape Shield Law : Conflict with the Confrontation Clause? Send all correspondence to Business Manager, Indiana Law Review, Indiana University School of Law—Indianapolis, 735 West New York Street, Indianapolis, Indiana 46202. Keywords: indiana; law
• The Flammable Fabrics Act and Strict Liability in Tort by Campbell, David C. (1976) - Congress, recognizing the severity of the dan- ger of flammable fabrics, promulgated flammability standards under the Flammable Fabrics Act.® Defendants in strict liability actions recently have asserted the defense that compliance with federal fabric standards negates the unreasonably dangerous or ''defects requirement of section 402A of the Restatement (Second) of Torts.^ For a discussion of standards on carpets, see Hearings 1976] FLAMMABLE FABRICS 405 apply in only 3 percent of flammable fabrics cases. Keywords: 402a; act; burning; cases; clothing; commerce; commission; consumer; fabrics; flame; ignition; law; liability; note; product; section; standard; use
• Indiana's Rape Shield Law : Conflict with the Confrontation Clause? by Sutherlin, Jerrilee (1976) - The Indiana General As- sembly^ and several other state legislatures^ have passed statutes which strictly limit introduction of such evidence. There is also an obvious probative value to evidence which discloses previous intercourse with someone other than the defen- dant when such evidence can account for a physical fact in evi- dence at the trial, such as semen,^^ a ruptured liymen,^^ a preg- nancy,^^ or the prosecutrix's physical condition indicating inter- ^^X course. Keywords: case; conduct; consent; court; defendant; evidence; law; rape; shield; state; u.s; victim; witness
• Remedies for Constitutional Torts: "Special Factors Counselling Hesitation" by Wunsch, Kathryn S. (1976) - ^'°Federal courts may be required to interpret state lav^^s without benefit of precedent from state courts since some state courts have refused to accept jurisdiction over federal questions, and therefore have developed no body of law concerning federal constitutional torts. Significantly, in ir)0st'Bive7is actions against federal officers, the courts have not mentioned state laws unless the court has been asked to exer- cise pendent jurisdiction over a state law claim.®^ There is simply no need to discuss state law remedies when [a]s in Bivens: A common law or state tort remedy may or may not afford a means of redressing [a] wrong, but in any case, will not be Comity is not a rule of law, but one of practice, convenience, and expediency. Keywords: act; amendment; bivens; cir; constitution; court; f. supp; f.2d; law; remedy; rights; state; supp; tort; u.s; united
• The Reasonable Expectation of Privacy—Katz v. United States, A Proscriptum by Boyd, John W. (1976) - '°Katz V. United States, 369 F.2d 130 (9th Cir. 1966). '' ^-'The Katz Court framed the issue as whether safeguards other than prior authorization by a magistrate would satisfy the fourth amendment in a situ- ation involving the national security. Keywords: amendment; case; cir; conversations; court; expectation; f.2d; fourth; fourth amendment; katz; law; privacy; protection; states v.; surveillance; u.s; united states; v. united
• Res Judicata in Federal Civil Rights Actions Following State Litigation by Torke, J. W. (1976) - Actions J. W. TORKE* Frequently, a federal civil rights action challenging state laws or a state official's conduct follows or is even concurrent with related litigation in state courts. But in view of the purposes underlying enactment of the Act—^in particular, the Congressional misgivings about the ability and inclination of state courts to enforce fed- erally protected rights, . . Keywords: action; cases; cir; court; effect; f.2d; federal; habeas; judgment; judicata; law; litigation; plaintiff; proceedings; res; res judicata; rights; section; state; state court; u.s
• Impeachment Revisited by Dennis, David W. (1976) - This certainly was true, in my judgment, in the case of President Nixon. (1974), which authorized the Judiciary Committee to investigate whether sufficient grounds existed for the House to impeach President Nixon. Keywords: article; committee; cong; house; impeachment; judiciary; law; nixon; president; sess
• A Study of Medical Malpractice Insurance: Maintaining Rates and Availability by Wiske, Heather M. (1976) - Earlier, in 1969, the Nettleship Company, a combine of insurance companies providing malpractice insurance in Southern Cali- fornia, lost $22 million . . . Within that scope, the Note will examine proposed and enacted legisla- tion dealing with malpractice insurance and analyze possible means by which states can maintain insurance availability and supervise rates through control of an insurer's activities. Keywords: business; claims; companies; company; coverage; indiana; insurance; insurance companies; law; liability; malpractice; malpractice insurance; medical; note; physicians; policies; policy; rates; state; supra
• Cases and Materials on Contracts as Basic Commercial Law by Strasser, Kurt A. (1976) - Specifically, many of the doctrines are generally ap- plicable across the range of contract problems and, in this organi- zation, the only thing they have in common with the doctrines preceding or following them in the book is the accident of timing of the breakdown of contractual relations. Secondly, the book avoids a narrow focus on tra- ditional contract doctrine only and, where necessary, treats the whole legal problem by extending into problems which normally are not classified as contract problems. Keywords: book; consideration; contract; doctrine; law; liability; note; performance; problems; promises; promissory; section; supra
• Front Matter by Law Review, Indiana (1976) - Indiana Law Review Indiana Laiiv Revie^v Volume 9 1976 Number 4 Copyright © 197G by the Trustees of Indiana University The Right to Present a Defense: An Emergent Constitutional Guarantee in Criminal Trials Robert N. Clinton 711 Inverse Condemnation and the Right of Access of Abutting Property Owners 859 Constitutional Law—Equal Protection 885 Indiana guest statute, which denies recovery by a nonpay- ing guest against a negligent host, held not violative of the equal protection clause of the fourteenth amendment nor of the Indiana Constitution. — Sidle v. Majors, 341 N.E.2d 763 (Ind. 1976). Volume 9 April 1976 Number 4 The INDIANA LAW REVIEW is the property of Indiana University and is published five times yearly, December, January, March, April, and June, by the Indiana University School of Law—Indianapolis which asisumes complete editorial responsibility therefor. Keywords: indiana; law; review; volume
• The Right to Present a Defense: An Emergent Constitutional Guarantee in Criminal Trials by Clinton, Robert N. (1976) - '*One of the few references to criminal trial rights during these public debates is contained in the letters of Brutus, a pseudonymous Massachusetts anti-federalist: For the security of life, in criminal prosecutions, the bills of rights of most of the States have declared, that no man shall be held to answer for a crime until he is made fully acquainted with the charge brought against him; he shall not be compelled to accuse, or furnish evidence against himself—the witnesses against him shall be brought face to face, and he shall be fully heard by himself or counsel. [Vol. 9:711 partially excluded by procedural or evidentiary rules, and the United States Supreme Court only once significantly addressed constitutional challenges to that problem prior to 1960. Keywords: accused; amendment; amendment right; analysis; cases; chambers; cir; clause; constitutional; counsel; court; criminal; defendant; defense; defense case; defense counsel; defense evidence; defense witnesses; evidence; evidentiary; exclusion; f.2d; fifth; guarantees; indiana; interest; issue; jury; justice; law; new; note; opinion; present; privilege; procedure; process; process right; prosecution; review; right; rules; states v.; supra; supreme court; testimony; trial; trial court; u.s; united states; v. texas; v. united; vol; washington
• The Anatomy of a Desegregation Case: The Indianapolis Experience by Marsh, William E. (1976) - f. John Patterson, principal of IPS school 4 and a teacher in the IPS system since 1950. A judicial declaration that Uni-Gov is unconstitutional would not assist in the desegregation of IPS schools. Keywords: black; board members; case; county; court; decision; defendants; desegregation; desegregation case; evidence; high; indianapolis; ips; ips board; ips schools; judge dillin; july; law; marion; members; new; opinion; order; percent; plan; public; remedy; review; school; school board; school commissioners; school corporations; school desegregation; school district; school system; states; students; teachers; trial; united; vol; white
• Symbolic Speech by Podgor, Ellen S. (1976) - At first, nonverbal expression was afforded the same protec- tion as in other free speech cases.' Harlan was admirable in his desire to protect this individual; he was wise and a more realistic defender of first amendment freedoms than Black, Fortas, or Warren in his refusal to set a precedent before the issue had matured. Keywords: amendment; case; court; expression; flag; freedom; interest; law; rev; right; school; speech; states; statute; supp; u.s; united
• Security Regulation—SEC Rule 10b-5 by Schuster, Brian (1976) - The states clearly have the power to regulate corporate mergers. This rule does not advocate a new definition for fraud, generally, but only the understanding that fraud, for lOb-5 purposes, may exist where only subdivisions (1) or (3) are alleged. Keywords: court; f.2d; form; law; lob-5; majority; merger; shareholders
• Back Matter by Law Review, Indiana (1976) - V. Gehring 526 Parker v. McKeithen 556-57 Parr v. Dade 347-48 Pat Krahenbuhl 509-11 Patterson, Specht v. 763-64 Patterson v. State 239-42 People V. Abbot , 435 People V. Cowgill 1017 People V. Ellis 638 People V. Foy 851-52 People V. Johnson 434 Perfection Paint & Color Co. V. Konduris 275 Perkins v. Lukens Steel Co. 23 Perrin, Ott v. 887 Perry v. Columbia Broad- casting System, Inc. 115 Perry v. Sindermann 30 Perzanowski v. Salveo 455 Peters v. Kiff 795 Petrol, Inc., Surratt v. 345-46, 352 Phillips V. Money 109-11, 145-46 Pierce, McFarland v. 20-21 Pierce v. Walters 345 Pirtle V. State 167 Plumer, Hanna v. 651-52 Police Commission, Heminger V. 102-04 Page Pollard, King v. 695 Popeil Brothers v. Schick Electric, Inc. 697 Popkin V. Bislop 1037-38, 1042-43 Porter, State v. 165 Porter, Travis v. 39 Powell, Alabama v. 755, 776 Powell V. State 174 Powell V. State Department of Revenue 338 Powell, United States v. 845-47 Preiser v. Rodriguez 545, 566 Primes v. Tyler 891, 894-95 Prudhomme v. Superior Court 631-33, 640 Public Service Commission v. City of Indianapolis 17-18 Pugh, Gerstein v. 162 Pursue, Ltd., Huffman v. 544, 553 Puzich v. Pappas 44 R Radich v. New York 1017 Radio Shack Corp., Fairfield Lease Corp. v. 528 Raike, Indiana High School Athletic Ass'n. v. 99-101, 889 Ramirez v. State 172 Rayex Corp., Filler v. 273-74 Raymond v. Riegel Textile Corp. 405-06, 412-13 Reas V. State 195 Red Cab, Inc., Kiste v. 352 Reed v. Reed 889 Reed, Reed v. 889 Reid, Murdoch & Co., Nappanee Canning Co. v. 37 Reid V. State 175 Reid, United States v. 742-43, 115 Columbia Broadcasting Sys- tems, Inc., Smothers v. ^-4^ Columbia Realty Corp. v. Harrelson 681 Commercial Carpet Co., Strong V. 340-41 Commonwealth's Crosstown Expressway Appeal 873 Connecticut, Griswold v. -47'-^ Countoure Laboratories Inc., Becher v. 573 Cook, Calhoun v. 923 Cooke V. United States 750-56, 762 Cool V. United States 779-83 Cooley, V. State 171-72 Commissioner v. Sunnen 562 Conner, State v. 813-14 Cooper V. High 357 Cory V. Carter 900-01 Couch V. United States 668-69 County School Board, Green V. 950 Courtin v. Sharp 531 Cowgill, People v. 1017 Cox Broadcasting Co. v. Cohn J^36 Crawford v. United States 746-47 Criminal Court, State ex rel. Keywords: board; brown; california; cases; city; co.; commission; corp; court; district; federal; general; inc; indiana; insurance; law; new; page; school; state; table; united; united states; v. united; vol
• Front Matter by Law Review, Indiana (1976) - Workmen's Compensation 407 A. Procedural Aspects 407 B. Employee Conduct and Judicial Review 409 Table of Cases 418 Indiana University School of La^v-—Indianapolis 1976-1977 ADMINISTRATIVE OFFICERS AND FACULTY John W. Ryan, Ph. D., President of the University Glenn W. Irwin, Jr., M.D., Vice President of the University WHiLiAM F. Harvey, LL.M., Dean, Indiana University School of Law—Indian^ apolis G. Kent Frandsen, J.D., Assistant Dean, Indiana University School of Law— Indianapolis Thomas B. Allington, LL.M. (New York University, 1971), Professor Edward P, Archer, LL.M. (Georgetown University, 1964), Professor Charles W. Ardery, Jr., LL.B., (University of Michigan, 1957), Adjunct Professor James F. Bailey, III, J.D., M.A.L.S. (University of Michigan, 1964, 1970), Director of Library and Associate Professor Agnes Barrett, J.D. (Indiana University, 1964), Associate Professor Gerald L. Bepko, LL.M. (Yale University, 1972), Professor Bernard J. Boyle, LL.D. (DePaul University, 1949), Lecturer Kenneth P. Cohen, LL.M. (Yale University, 1976), Assistant Professor Clyde H. CROCKE-rr, LL.M. (The London School of Economics, 1972), Asso- ciate Professor Robert F. Dugan, M.C.L. (University of Chicago, 1969), Associate Professor (on leave, 1976-77) Charles D. Kelso, J.S.D. (Columbia University, 1968), Professor William A. Kerr, LL.M. (Harvard University, 1958), Professor Walter W. Krieger, Jr., LL.M. (George Washington University, 1969), As- sociate Professor William E. Marsh, J.D. (University of Nebraska, 1968), Associate Professor Patrick Mulvaney, J.D. (Georgetown University, 1970), Assistant Professor Melvin C. Poland, LL.M. (University of Michigan, 1950), Professor Ronald W. Polston, LL.B. (University of Illinois, 1958), Professor Gary A. RaTner, LL.M. (Yale University, 1974), Associate Professor Charles G. Reeder, J.D. (Indiana University, 1966), Lecturer Marshall J. Seidman, LL.M. (Harvard University, 1970), Professor William A. Stanmeyer, J.D. (DePaul University, 1966), Associate Professor Kenneth M. Stroud, J.D. (Indiana University, 1961), Associate Professor James W. Torke, J.D. (University of Wisconsin, 1968), Associate Professor R. Bruce Townsend, J.D. (University of Iowa, 1940), Professor of Juris- prudence James P. Wnrrs, LL.M. (George Washington University, 1959), Professor (on leave) Harold R. Woodard, J.D. (Harvard University, 1936), Professorial Lecturer Judges of the Indiana CJonrts Indiana Supreme Court Richard M. Givan, Chief Justice Norman F. Arterburn Roger 0. Keywords: associate; indiana; j.d; law; ll.m; professor; university
• Foreword by Kerr, William A. (1976) - On the other hand, hijacking was eliminated from the list of capital offense provisions but was apparently in- tended to be included under the kidnapping provision since kid- napping was specifically redefined to include hijacking.^® Kid- napping was continued in the list of capital offense provisions, but its redefinition, although expanded to include hijacking, was se- verely limited so as to exclude all but the most serious forms of kidnapping from the felony-murder rule. It is grouped with other offenses against the person and the full range of felony classifications is reflected in its various provisions, ranging from a Class A to a Class D felony and including the capital felony category. Keywords: burns; code; commission; criminal; defense; indiana; law; legislature; new; offense; person; provision; supp
• Administrative Law by Shaffer, Lewis A. (1976) - Prior to City of Evansville, Indiana courts had adopted as the appropriate test of an agency's factual determination, whether there was substant4al-evidenc© ijathe administrative record to sup- port the agency's finding.^ On the strength of these decisions, the court of appeals concluded that in reviewing Public Service Commission findings Indiana courts have indeed looked to the entire record, rather than merely to evidence supporting the agency findings.' Keywords: administrative; app; appeals; board; city; code; court; ind; indiana; law; n.e.2d; public; review
• Business Associations by Galanti, Paul J. (1976) - See generally 16J, M VON Kalinowski, supra note 3, §§81.06[1], 105.07[2]. ^=IND. See generally 11 SOWARDS, supra note 52, §§7.06, 9.05. Keywords: act; action; antitrust; app; business; cir; citizens; co.; code; corporation; court; f.2d; federal; inc; ind; indiana; law; n.e.2d; note; rule; section; securities; state; supp; supra; supra note; u.s
• Civil Procedure and Jurisdiction by Harvey, William F. (1976) - In the case of Logal v. Cruse^^^ the Indiana Supreme Court examined the relationship between trial court jurisdiction and appellate review. However, the court of appeals observed that the Civil Code Study Commis- sion did not intend for the ''automatic withdrawal rule to apply to Trial Rule 50' and held that, despite Estes, Indiana courts have never strictly adhered to the position that concurrent motions absolutely result in withdrawal of the case from the jury. Keywords: action; appeals; case; defendant; district court; ind; indiana; judgment; jurisdiction; law; motion; n.e.2d; party; plaintiff; procedure; state; supreme court; trial court; trial rule
• Front Matter by Law Review, Indiana (1981) - Gail Frommer Brod 727 Indiana's Victim Compensation Act: A Comparative Perspective Timothy V. Clark D. Robert Webster 751 Notes Nonstatutory Witness Immunity: Evidentiary Consequences of a Defendant's Breach 779 Indianapolis Desegregation: Segregative Intent and the Interdistrict Remedy 799 Use of Human Leukocyte Antigen Test Results to Establish Paternity 831 Volume 14 April 1981 Number 3 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published four times yearly, January, March, April, and June, by the Indiana University School of Lavn — Indianapolis, which assumes complete editorial responsibility therefor. B.S., Indiana University, 1942; J.D., 1964. Keywords: a.b; associate; b.s; college; engineering; evidence; indiana; indiana university; j.d; law; new; professor; school; university
• Consumer Law by Gray, David W. (1976) - 3. Consumer Goods Pricing Act of 1975 ^*A significant step in the development of Indiana law in this area is Old Town Development Co. v. Langford, 349 N.E.2d 744 (Ind. Ct. Keywords: act; consumer; court; damages; ind; indiana; law; n.e.2d; trade
• Contracts and Commercial Law by Bepko, Gerald L. (1976) - Many Indiana courts have stated that if the plaintiff establishes an independent intentional tort, such as fraud, a punitive damages award is justified.^' Finally, consumer defenses have been cut off in related loan transactions, in which the consumer borrows money directly from the financer and uses the proceeds of the loan to purchase the goods or services. Keywords: case; consumer; contract; court; damages; financer; ind; indiana; law; n.e.2d; plaintiff; rule; seller
• Criminal Law and Procedure by Wilson Jr., John B. (1976) - the supreme court has decided at least two cases approving more restrictive voir dire methods utilized by trial courts under Trial Rule 47 (A). Failure to distinguish between the parole revocation proceedings and probation revocation proceedings has caused considerable confusion among trial courts 2'3lND. Keywords: amendment; app; court; criminal; defendant; district court; evidence; ind; indiana; jury; law; n.e.2d; right; rule; state; supreme court; trial; trial court; u.s; united
• Justice Robert D. Rucker: Let Freedom Ring by Rush, Loretta H. (2018) - Justice Robert D. Rucker, COURTS.IN.GOV, http://www.in.gov/judiciary/citc/2834.htm [https://perma.cc/G4YQ-4SA7] (last visited Dec. 4, 2017). Justice Robert D. Rucker, Behind the Scenes: An In-Depth Journey Through the Inner Workings of the Indiana Supreme Court, Inaugural Robert D. Rucker Lecture at Valparaiso Law School (Mar. 26, 2015) Keywords: court; d. rucker; indiana; justice; justice rucker; law; robert; robert d.; rucker
• In Memory of Justice Roger O. DeBruler by Sullivan, Jr., Frank (2018) - Frank Sullivan, Jr., In memory of Indiana Justice Roger Owen DeBruler, IND. LAWYER (Mar. 8, 2017), https://www.theindianalawyer.com/articles/43007-in-memory-of-indiana-justice- roger-owen-debruler Dissents written in this way meant that when a new generation of justices joined the Court towards the end of his tenure and following – Shepard, Dickson, Krahulik, Selby, Boehm, Rucker and more – the DeBruler dissents of years gone by became the majority opinions of the Indiana Supreme Court.27 * * * No judge or lawyer has made a greater contribution to Indiana’s death penalty jurisprudence than Roger DeBruler. Keywords: court; debruler; indiana; justice; law; roger; state
• The Future of Access to Justice by Laramore, Jon (2018) - The ABA report’s findings are supported by a more recent study released by the Legal Services Corporation, which concluded that more than half of the low- income people who seek civil legal aid each year receive no help or only limited help, usually because there are insufficient legal resources to assist them.27 Survey data for the report showed that seventy-one percent of low-income households experience at least one legal need in any given year, and many experience more than one.28 They seek help for only about twenty percent of those problems, however, often because they do not recognize them as legal in nature.29 Of those who sought help from civil legal aid programs funded by the Legal Services Corporation during the survey period, forty-one percent were not served at all; twenty-one percent were served, but not fully; and twenty-eight percent were fully served.30 Indiana data compiled for this report were similar, showing that twenty-nine percent of those seeking legal help from Indiana Legal Services were fully served; forty-one percent were served, but not fully; and twenty-six percent were not served at all.31 21. Nationally, legal aid programs turn away about one person for every person they serve.67 Indiana Legal Services has a better ratio than that because we give so much advice.6 8 We give less than full service to about ninety percent of those who come to us, but we turn away only about thirty percent with no help at all.69 This situation illustrates the ABA report’s finding that for poor people looking for legal help, “geography is destiny. Keywords: access; bar; clients; help; income; indiana; justice; law; lawyers; lecture; legal; note; people; poverty; report; services; supra; work
• Case Refusal: A Duty for a Public Defender and a Remedy for All of a Public Defender's Clients by Hanlon, Stephen F. (2018) - While no formal study has been conducted with respect to public defender caseloads generally, the author’s experience in representing and advising public defenders for over twenty years confirms this fact. The law creates a duty between persons based on the nature of their relationship, their reasonable expectations of one another as a result of that relationship, and the circumstances of the case.215 When a statute provides, in substance, that a public defender “shall represent” all eligible individuals, there is a reasonable expectation, I submit, on the part of the public defender’s client community, as well as all three branches of government, that public defender representation will be forthcoming, which should suffice to trigger an obligation of the public defender to “protect [their future] client’s interests” in obtaining competent counsel when they seek to decline future appointments.216 But even if there is no such duty under law, there is no good reason for a public defender seeking to decline future appointments not to “take steps to the extent reasonably practicable to protect a [future] client’s interests.” Keywords: case; clients; counsel; court; defender; law; missouri; model; note; office; public; refusal; representation; rules; state; supra; supreme
• Public Defense Innovation in Texas by Bethke, James D.; Shell, Morgan (2018) - The Act mandates funding for Texas’s 254 counties and oversight of their indigent defense systems, but leaves the specifics of “how to” satisfy the core requirements with each respective local county.16 A key component of the Act was the creation of the Task Force on Indigent Defense (“Task Force”), a permanent standing committee of the Texas Judicial Council.17 In 2011, the Task Force was renamed the Texas Indigent Defense Commission (“TIDC”) pursuant to House Bill 1754 signed by Governor Rick Perry.18 Under the leadership of TIDC Chair, the Honorable Sharon Keller, Presiding Judge of the Texas Court of Criminal Appeals, TIDC and its staff of eleven distributes funds to counties, monitors their compliance with state and constitutional requirements, provides counties technical support, and develops Texas indigent defense policies.19 In a nutshell, TIDC helps counties develop indigent defense programs that are compliant with the constitutionally mandated standards.20 Former Texas State Senator Rodney Ellis, sponsor of the FDA, attributes the Act’s success to, among other factors, mandated standards and discretionary grants that incentivize counties to improve indigent defense services.21 10. ”199 TIDC ultimately made funding mental health programs a priority. Keywords: attorneys; capds; capital; cases; counsel; counties; county; criminal; defendants; defender; defense; grant; health; indigent; justice; law; lubbock; mental; office; program; public; report; review; state; supra note; texas; tidc; travis
• The Right to Counsel in the State of New York: How Reform Was Achieved After Decades of Failure by Leahy, William J. (2018) - As early as 1967, New York State Bar Association (NYSBA) described the law’s deficiencies.33 In 1981, the state legislature’s funding of the New York State Defender Association’s (NYSDA) Public Defense Backup Center signaled an understanding of the system’s flaws.34 Many hearings and studies were undertaken, and NYSDA, in particular, issued an impressive series of reports and recommendations.3 5 In 1994, the New York County Lawyers Association (NYCLA) created a Task Force on Representation of the Indigent, and soon followed the creation of and standards set by the Appellate Division, First Department’s Indigent Defense Organization Oversight Committee.36 David Carroll, New York caseload standards announced and their importance to statewide reform explained, SIXTH AMENDMENT CTR. Keywords: caseload; counsel; counties; county; court; defense; harring; indigent; law; n.y; new; new york; quality; reform; representation; right; services; settlement; standards; state; york
• Isonomy, Austerity, and the Right to Choose Counsel by Moore, Janet (2018) - Part I.A shows how grounding counsel choice analysis in democratic theory reveals that counsel choice can be a mode of grassroots constitutional lawmaking, which strengthens the substantive meaning of a fundamental criminal procedure right. Prior research has demonstrated the psychosocial attractions of choice12 and choosing public defense counsel is the norm in several common law countries.13 Interesting and unanswered questions about the Comal County experiment include: Who were among the minority that chose not to choose counsel? Keywords: attorney; austerity; borakove; cases; comal; constitutional; counsel; counsel choice; county; criminal; data; defendants; defense; defense counsel; indigent; justice; law; lawyers; nugent; people; project; public; report; research; resources; review; right; state; study; supra note; texas; tidc; time; u.s
• David's Sling: The Undetected Power of Indiana's Deceptive Consumer Sales Act by Strickland, James R. (2018) - Although this 2014 amendment has gone relatively undiscussed, its added language could have an extensive impact on consumer law in Indiana.3 Indeed, prior to this enactment, Indiana remained one of few states4 limiting the types of claims a consumer could bring by listing an exhaustive, enumerated list of acts or practices that constituted violations.5 Part I of this Note discusses the background of consumer law in the United States. Keywords: abusive; act; acts; cfpb; cigarette; company; consumer; court; dcsa; dodd; financial; frank; ftc; general; inc; indiana; law; note; policy; practices; rule; state; statement; supra; unfairness
• Re-examining of Indiana's Voter ID Law in Light of Recent Federal Court Cases: Where Does It Go from Here and What's Next for Indiana Election Law by Mann, Ryan (2018) - The contentious debate over voter ID laws has reached a fever pitch in recent months, with regular headlines detailing the debate in all branches and at all levels of government.1 Currently, thirty-four states have adopted some form of voter ID law.2 [Vol. 51:243 of the debate a case on which to hinge their hopes of complete validation, should the U.S. Supreme Court rule on any one of the cases.6 Critics of voter ID laws will point to the Fourth and Fifth Circuit’s invalidation of North Carolina’s and Texas’s voter ID laws, respectively, as indications the tide is turning against strict ID laws.7 Similarly, victories in North Dakota and Wisconsin federal district courts provided critics with sharply-worded opinions critical of perceived motives behind such laws.8 Appeals in these cases are pending before the Eighth and Seventh Circuits, respectively, and will either blunt the momentum of those seeking to repeal voter ID laws or thrust their arguments further toward a showdown with those other circuits upholding ID laws.9 Proponents of voter ID laws will point to the Fourth Circuit decision upholding Virginia’s voter ID law.10 Similar in many respects to Indiana’s approach, the court noted that, “From in-person voting, to an absentee option, to provisional ballots with the ability to cure, and the provision of free voter IDs, Virginia has provided all of its citizens with an equal opportunity to participate in the electoral process.”11 Keywords: absentee; ballot; burden; challenge; circuit; county; court; crawford; d law; election; indiana; indiana election; indiana law; law; laws; marion; note; process; state; voter; voting
• Evidence by Marple, William (1976) - Since Indiana courts have been blindly following the Lukas rule for years, it is unlikely that it will be modified to distinguish police accusations and admit equivocal response or silence when the charge is made by someone other than a police officer. The decision also follows the continuing trend by Indiana courts to follow the Federal Rules of Evidence.^ C. Judicial Notice The Supreme Court of Indiana sua sponte rendered an opin- ion^' declaring parts of Public Laws 305^^ and 309 invalid be- cause they required judges of the newly-created county courts and the small claims division of the Superior Court of Vanderburgh County to take judicial notice of municipal, city, and town ordi- nances. Keywords: court; evidence; ind; indiana; law; n.e.2d; survey
• False Start: Carving a Niche for Established Small Business Participation in Regulation Crowdfunding Rules Designed for Startups by McCarney, Partick (2018) - Although most existing businesses do not expand beyond a certain size, those that do can have a significant impact.186 Between 2011 and 2012, for example, existing business growth added 8.7 million jobs to the economy.187 Existing business employment tends to rise and fall with economic conditions more so than startup hiring, but existing businesses also tend to rehire workers that were previously laid off when economic conditions later improve—something that a failed startup cannot do.188 Additionally, startup jobs on average only pay about 70% of those created by existing firms.189 Regardless, 33% of all small businesses expect to hire more employees within the next twelve months compared to only 8% that expect to reduce employment.190 Additionally, 51% of small businesses expect to increase employee compensation over the next twelve months.191 Small businesses are growing,192 and a less burdensome method of crowdfunding could help supply files/Job_Creation.pdf B. Problems with Traditional Lending Equity or debt-based crowdfunding could be extremely helpful to seasoned businesses because small business loans originated by banks are still not as available as they were prior to the Great Recession; lending fell by more than $100 billion from 2008 to 2011.193 Small businesses were especially hard hit as lending standards kept tightening for small businesses even as they loosened for large companies.194 Even when loans are available, many small companies cannot obtain them for several reasons. Keywords: act; businesses; capital; crowdfunding; equity; fed; form; investment; investors; issuer; jobs; law; offering; regulation; rules; sec; securities; small; startups; supra note
• Insurance by Frandsen, G. Kent (1976) - unless there shall be contained within such policy a provision insuring such owner against liability for damages for death or injury to persons or property resulting from negligence in the operation of such motor vehicle, in the business of such motor vehicle, in the business of such owner or otherwise, by any person legally using or operating the same with the permission, expressed or implied of such owner. A I>olicy issued in violation of this section shall, nevertheless, be held valid but be deemed to include the provisions required by this section, and when any provision in such policy or rider is in conflict with the provision required to be contained by this section, the rights, duties and obligations of the insurer, the policyholder and the injured person or persons shall be governed by the provisions of this section. Keywords: app; co.; court; damages; ind; indiana; insurance; insured; law; n.e.2d; policy
• Products Liability by Vargo, John F. (1976) - What the seller is not permitted to do directly, we will not allow him to do indirectly by injecting negligence concepts into strict liability theory. Two recent Indiana cases, Chrysler Corp. v. Alumbaugh^ and City of Indianapolis v, Bates,^ discussed separate issues concerning the theoretical parameters of strict liability in tort—a subject often confused in Indiana law. Keywords: court; enterprise; fault; indiana; law; liability; n.e.2d; negligence; note; plaintiff; product; supra; theory
• Property by Polston, Ronald W. (1976) - The primary opinion by Judge Buchanan, takes a fundamentally different approach to that relationship than has heretofore been taken by Indiana courts. ^n39 Ind. App. Keywords: app; case; court; ind; indiana; landlord; law; liability; n.e.2d; owner; property; surface
• Secured Transactions and Creditors' Rights by Townsend, R. Bruce (1976) - Mutual Benefit Life Ins. Co. v. Lindley, 97 Ind. App. Doan V. City of Fort Wayne, 253 Ind. 131, 252 N.E.2d 415 (1969). ^Residents of Green Springs Valley Subdivision v. Town of Newbui^h, 344 N.E.2d 312 (Ind. Ct. Keywords: app; case; co.; code; contract; court; debtor; default; ind; indiana; judgment; law; lien; n.e.2d; notice; owner; party; property; rule; sale; statute
• Taxation by Allington, Thomas B. (1976) - The classes of qualified recipients in section 2055 (a) ° are ^The allowance in Ind. Code § 29-1-4-1 (Burns Supp. 1976) was proposed to the General Assembly by the Indiana Probate Code Study Commission, which stated in a comment that the allowance would be deductible for purposes of the inheritance tax, apparently as a claim against the estate. L. No. 18, § 1, 1976 Ind. Acts 74, enacting and codifying Ind. Code §6-4.1-3-1(1). Keywords: board; burns; code; court; credit; exemption; income; ind; indiana; law; property; state; supp; tax
• Torts by Brennan, James J. (1976) - These decisions are important to the extent that they may be predictive of how Indiana courts will construe the provisions of the Tort Claims Act. At one time, Indiana courts demanded strict compliance with the pre- Tort Claims Act notice provision governing suits against munic- ipalities. Keywords: act; app; care; cases; court; defendant; duty; ind; indiana; law; liability; n.e.2d; negligence; note; notice; plaintiff; statute; supra
• Taxation of Interest-on-Indebtedness in Corporate Acquisitions: An Analysis of a Congressional Response in Merger Tax Reform by Crockett Jr., Ulysses S. (1977) - The bill's application solely to stock acquisitions was arguably less than logical from a policy standpoint. The Use Test The debt must be issued to provide consideration for the acquisition of stock or assets of another corporation; however, in the case of stock acquisition, no disallowance results unless the issuing corporation owned at least 5% of the voting power of the other 7*Treas. Keywords: acquiring; acquisition; assets; capital; company; corporation; debt; deduction; earnings; enterprise; equity; indebtedness; interest; issuing; law; mergers; note; period; rate; reg; section; securities; stock; supra; tax; use; year
• The Federal Long-Arm: The Uses of Diversity, or 'Tain't So, McGee by Seeburger, Richard H. (1977) - Judge Friendly believes further study is needed on these proposals, especially in light of development of state court jurisdiction via long arms. And in the absence of any overriding constitutional or congressional requirements the rights of the parties were to be preserved there as they would have been preserved in state courts. Keywords: action; case; claimants; class; co.; court; diversity; federal; interpleader; jurisdiction; law; power; process; rem; rule; service; state; state court; u.s
• Copyright Reform and the Author's Right To "Vend": The Case of the Unpaid Manufacturer by Troxell, Gregory A. (1977) - In holding that the defendant had not infringed the plaintiffs rights, the court reasoned that the purchaser at a sheriffs sale ought to succeed to the interests of the debtor.^^ Because the purchaser claimed no rights in the patent, only in the machines, there should be no difference between a voluntary sale by the plaintiff, and an involuntary sale by the sheriff, and the purchaser would have whatever interest in the machines the debtor had had before the sale.^^ If execution and sheriffs sale are the equivalent of a voluntary sale by the rights holder, the conclusion is inescapable that other state processes, such as lien foreclosures or the resale rights of an unpaid manufacturer may just as well fulfill the requirement of a first sale by an author in copyright cases. It was so held by the Piatt & Munk court which referred to Wilder v. Kent as the sensible rule. Keywords: act; author; buyer; copyright; court; goods; law; manufacturer; munk; piatt; resale; rights; sale; section; transfer
• Appealability of Abstention Orders by Godlove, Joan (1977) - Sheldon v. Smith, 547 F.2d 768 (2d Cir. 1976) (affirmed district court order denying preliminary injunction and abstaining without discussion of appealability of abstention order); McRedmond v. Wilson, 533 F.2d 757 (2d Cir. 1976) (reversed abstention order entered in civil rights action seeking declaratory and injunctive relief without considering jurisdictional question). i^^Daniel v. Waters, 417 U.S. 963 (1974) (vacated abstention order); Koehler v. Ogilvie, 405 U.S. 906 (1972) (affirmed abstention order); Sweet Briar Institute v. Button, 387 U.S. 423 (1967) (reversed abstention order); Turner v. City of Memphis, 369 U.S. 350 (1962) (vacated abstention order); NAACP v. Bennett, 360 U.S. 471 (1959) (vacated abstention order); Bryan v. Austin, 354 U.S. 933 (1957) (vacated abstention order where cause had become moot); Government & Civic Employees Organizing Comm. Keywords: abstention; abstention order; appeal; appealable; cir; circuit; court; district; district court; f.2d; federal; judge; jurisdiction; law; order; section; state; u.s; u.s.c
• Aunt Minnie's Portrait by Grimes, John S. (1977) - If the value of the personalty is less than $8,500 (and how do we now determine this, since former Indiana Code section 29-1-12-4, the appraisal statute, was repealed effective January 1, 1976?) Despite ^Former Indiana Code sections 29-1-2-1, -1-2-2 and -1-2-3 authorized the wife's interest, which could not be defeated unless the husband, complying with section 29-1- 2-3, obtained a written waiver. Keywords: account; code; death; estate; indiana; indiana code; law; property; section; spouse; surviving
• Suggested Adjustments to Indiana Condominium and Property Tax Laws by Thrasher, Philip C. (1977) - The first legal theory which may be used by the Board is to assume that each coowner has such easements in the common property over which he has exclusive or near-exclusive use as to confer on him a quasi-fee simple estate in such common property, and that such quasi-fee simple estate is substantial enough to cause the coowner to incur the tax liability for such common property. The fact that some walls are common walls with other units is taken into consideration by the use of the Apartment Pricing Schedule.232 Land and such other common property as is shared by all of the coowners is allocated to the units according to their respective percentages of undivided interest. Keywords: apartment; appraisal; assessing; assessment; board; burns; code; condominium property; coowners; hpa; indiana; interest; land; law; manual; market; market value; note; property; property tax; supra; units; use; value
• The Authority of a Labor Arbitrator to Decide Legal Issues Under a Collective Bargaining Contract: The Situation After Alexander v. Gardner-Denver by Hill Jr., Marvin (1977) - ™ In support of its position, the Court stated that deferral criteria which adequately insured effectuation of Title VII rights /d at 52 n.l5. [Vol. 10:899 judicial fact-finding;^^ (5) the record of the arbitration proceeding is generally incomplete relative to that of a court; the usual rules of evidence do not apply; and the rights and procedures common to civil trials, such as discovery, compulsory process, cross- examination, and testimony under oath, are often severely limited or unavailable;^^ (6) arbitrators have no obligation to the court to give reasons for an award;® (7) the general informality of the arbitration procedure relative to the court system makes it a less appropriate forum for final resolution of Title VII issues; and (8) the interests of an individual employee may be subordinated to the collective in- terests of all employees in an arbitration hearing, due in part to (a) the union's exclusive control over the manner and extent to which an individual grievance is presented;®^ (b) the lack of harmony of in- terest between union and employer, given a charge of racial dis- crimination against the former; and (c) the difficulty of establishing a breach of the duty of fair representation.®^ B. Alexander and the Authority of the Arbitrator The Alexander decision has resolved little of the Meltzer- Howlett-Cox-Mittenthal debate. Keywords: agreement; alexander; arbitrator; bargaining; bargaining agreement; contract; court; discrimination; employee; grievance; labor; law; rights; title; title vii; u.s; union; vii
• Back Matter by Law Review, Indiana (1977) - V. 384 Sinclair Oil Corp., Malamud v. 543, 5U, 545 Sipes, Vaca v. 902 Six Seam Co. v. United States 989-91 S.J.H., G.B. V. 217 Skendzel v. Marshall 123, 314 Skouras Theatres Corp., Erone v. 537 Skouras Theatres Corp. v. Radio- Keith-Orpheum Corp. 537 Skrupa, Ferguson v. 133 Sloan V. Lemon 662 Smith V. State 197 Smith V. State 748 Smith V. Swormstedt 490, 491 Smith, Transport Motor Express, Inc. [Vol. 10 Page Page City of New Orleans, Gray Line Motor Tours, Inc. v. 568-70, 574 City of Richmond, England v. 372 City of Richmond v. S.M.O., Inc. 55 City of Terre Haute, Van Horn v. 107 City of Thibodaux v. Louisiana Power & Light Co. 567-68, 572-74 City of Thibodaux, Louisiana Power & Light Co. v. 559-60 City of Tipton, Aaron v. 373 City-County Council, County Department of Public Welfare v. 257 Clark County State Bank v. Bennett 103 Clark Equipment Co., Greeno v. 871, 895 Clark Equipment Co., Posey v. 886-87 Clark Restaurants, Bartenders Local 103 V. 262 Clark V. State 293 Clauson, Zorach v. 651, 652, 666 C.L.B. V. S.T.P. 216 Coast Quality Construction Corp. V. United States 985-87 Coastal Air Lines v. Dockery 502 Coates V. City of Evansville 52 Coleman v. American Export Isbrandtsen Lines, Inc. 488-89 Coleman v. General Motors Corp. 866-67 Collier, State v. 119 Commissioner, Associated Machine v. 999-1000, 1002 Commissioner, Commonwealth Container Corp. v. 996 Commissioner, Davant v. 100^ Commissioner, Eastern Color Printing v. 1004-05 Commissioner, Estate of Stauffer v. 999-1000, 1002, 1003, 1004 Commissioner, Frederick Steel Co. Keywords: act; american; bank; board; cases; city; co.; co. v.; commissioners; construction; corp; county; court; education; general; inc; indiana; insurance; insurance co.; law; liability; life; motor; national; oil; page; products; property; public; rel; school; service; standing; state; table; tax; united; united states; v. united; vol
• Front Matter by Law Review, Indiana (1977) - 234 Olshock V. Village of Skokie, 98 Oritz V. State, 130, 228 Overbeck v. Sears, Roebuck & Co., 252 Owens V. Owens, 173, 282 Paidle v. Hestad, 260, 288 Palmer v. State, 147 Patten v. Smith, 316 Pearson v. Hahn, 42, 339 Peters v. Davidson. 147 1977] TABLE OF CASES Vlll Kerns v. State, 229 Kottis V. United States Steel Corp.. 341 Kruse, Kruse & Miklosko v. Beedy, 265, 268 Kuhn V. Kuhn, 172, 281 Kurtz V. State, 141 Latimer v. General Motors Corp., 213 Leazenby v. Clinton County Bank & Trust Co., 289. 330 Lewis V. State. Keywords: associate; co.; corp; grimes; inc; indiana; indiana university; indianapolis; j.d; john; law; ll.m; professor; review; state; university; william
• Foreword by Kerr, William A. (1977) - Ind. Code §§ 35-48-2-1 to -13, 35-48-3-1 to -9 (Supp. 1977); Pub. 'Ind. Code § 35-50-1-2 (Supp. 1977). Keywords: assembly; code; criminal; general; ind; indiana; law; offense; supp
• Business Associations by Galanti, Paul J. (1977) - Sec W. Seavey, supra note 1, §§ 1, 6. See generally Crane & Bromberg, supra note 69, §§ 86, 90A. See, e.g., Adams v. Blumenshine, 27 N.M. 643, 204 P. 66 (1922). Keywords: act; app; business; co.; code; corporation; court; inc; ind; indiana; law; n.e.2d; note; partnership; rule; section; securities; supra; trial
• Civil Procedure and Jurisdiction by Harvey, William F. (1977) - With respect to the use of depositions at trial in lieu of oral testimony, the Indiana Court of Appeals in Wells v. Gibson Coal Co^^ held that the application of Trial Rule 32(AH3) is to be tempered with trial court discretion. That in counties in which criminal or superior courts exist or may be organized, nothing in this section shall be construed to deprive such courts of the jurisdiction conferred upon them by laws, and it shall have such appellate jurisdiction as may be conferred by law, and it shall have jurisdiction of all other causes, matters and proceedings where exclusive jurisdiction thereof is not conferred by law upon some other court, board or officer. Keywords: app; appeals; appellant; case; errors; evidence; ind; indiana; indiana court; judgment; jurisdiction; law; motion; n.e.2d; trial court; trial rule
• Constitutional Law by Grove, Jeffrey W. (1977) - Because the Indiana Supreme Court had not passed on the state constitutional questions, the United States Court of Appeals for the Seventh Circuit certified those questions to that court.^ Rejecting the proposition that the right to bring an action for common law negligence is 'fundamental' and that the burden is therefore upon the proponent of constitutionality to show a compel- ling state interest justifying the legislative classification,* the In- diana Supreme Court identified the issue as whether the statutory classification of automobile passengers — guests and non-guests — is reasonable and bears a fair and substantial relation to the legitimate IND. Five years ago, in Dunn v. Blumstein,^ the United States Supreme Court struck down a similar residence requirement. Keywords: case; court; guest; indiana; judgment; law; n.e.2d; notice; process; protection; state; statute; supreme court; u.s
• Contracts, Commercial Law, and Consumer Law by Bepko, Gerald L. (1977) - '^ In order to understand the scope of the new law, it is necessary to examine the definition of the expression debt collector. Debt collectors are also prohibited from making any false or misleading representation in connection with collection.^* Examples of false or misleading representations set forth in section 807 of the FDCPA are: (1) false representation or implication that the collec- tor is affiliated with a government entity, including using a badge or uniform;^' (2) false representation of the character, amount, or status Fair Debt Collection Practices Act, Pub. Keywords: appeals; central; collection; consumer; contract; court; creditor; damages; debt; debt collector; indiana; law; notice; schlitz; trial
• Criminal Law and Procedure by Wilcox, M. Anne (1977) - 7, § 4, and declined to review sentences imposed on criminal defendants. No person shall be held on recognizance or otherwise to answer a criminal charge for a period in aggregate embracing more than one year from the date the criminal charge against such defendant is filed, or from the date of his arrest on such charge, whichever is later; except where a continuance was had on his motion, or the delay was caused by his act, or where there was not sufficient time to try him during such period because of congestion of the court calendar .... Keywords: app; code; court; criminal; defendant; ind; indiana; law; n.e.2d; right; state; supreme; supreme court; trial; trial court; v. state
• Property by Falender, Debra A. (1977) - SUR VEY-PROPERTY 233 mortgages/ and the right to access to public streets.^ A. Landlord-Tenant Relationships From 1975 until mid-1977, it seemed that Indiana courts were moving consistently and steadily in the direction of the acceptance of contract principles in the landlord-tenant situation. E.g., Anderson Drive-In Theatre, Inc. v. Kirkpatrick, 123 Ind. App. 388, 110 N.E.2d 506 (1953). Keywords: app; appeals; court; estate; ind; indiana; land; landlord; law; life; n.e.2d; property; right; tenant; value
• False Facts and Holy War: How the Supreme Court's Establishment Clause Cases Fuel Religious Conflict by Bickers, John M. (2018) - After the people of Alabama returned him to the court, and the Supreme Court found a right to marital equality in the Fourteenth Amendment, he was removed a second time; this followed his order to the probate judges of Alabama to ignore the U.S. Supreme Court and refuse to issue marriage licenses to same sex couples. When the local chapter of the American Civil Liberties Union informed the board of their concerns with sectarian prayer, members of the board announced their defiance and promised to continue the government’s Christian speech.260 After the initiation of the lawsuit, the next elections saw two incumbents favor continuing the Christian prayer and two challengers opposing it; both incumbents won.261 The specter that minority religions can only have equality once they achieve electoral superiority is precisely the concern with leaving such matters to the ballot box that animated what is, in my view, the most important footnote in U.S. Supreme Court history.262 The court’s majority expressed the fear that not being a Christian in Rowan County would be a “tacit political debit, which in turn deters those of minority faiths from seeking office. Keywords: american; cases; christian; church; clause; commandments; court; cross; establishment; establishment clause; f.3d; facts; faith; government; greece; holy; indiana; justice; law; lemon; majority; monument; order; prayer; public; purpose; religion; rev; review; scalia; speech; standing; state; supreme; supreme court; test; town; u.s; united; war; way
• Protecting Platform Workers in the Gig Economy: Look to the FTC by Malin, Martin H. (2018) - Unions, such as the Teamsters and the Machinists have made forays into organizing platform workers.196 As unions adapt themselves to changes in the workplace, they may become the intermediaries that process and publicize the information contained in platform disclosures. This Article maintains that the current battles over the classification of platform service providers will, in the long term, be irrelevant. Keywords: business; disclosure; disclosure rule; drivers; economy; employees; franchise; franchise disclosure; franchising; franchisors; ftc; information; law; note; platform; platform disclosure; platform workers; providers; relationship; requirements; rule; service; supra; terms; uber; workers
• Upward! Higher: How a Law Faculty Stays Ahead of the Curve by Adams, Cynthia; Baker, Cynthia; Boyne, Shawn; Huffman, Max; Klein, Andrew; Ryznar, Margaret; Shope, Mark; Sullivan, Frank (2018) - TEACHING, PRACTICE, AND THE BUILDABLE HOUR Jeff Cardella, Reaction to Baker James Strickland, Reaction to Baker SHAWN MARIE BOYNE, GIVING STUDENTS A SEAT AT THE TABLE: USING TEAM-BASED LEARNING IN CRIMINAL LAW Yvonne Dutton, Reaction to Boyne MARGARET RYZNAR, ASSESSING LAW STUDENTS Shawn Marie Boyne, Reaction to Ryznar MARK SHOPE, REAL-WORLD PROBLEM-SOLVING IN THE DIGITAL CLASSROOM Margaret Ryznar, Reaction to Shope FRANK SULLIVAN, JR., TEACHING INTERNATIONAL STUDENTS Tim Walters, Reaction to Sullivan MAX HUFFMAN, SUMMARY AND CONCLUSION http://doi.org/10.18060/4806.1193 414 INDIANA LAW REVIEW CONTRACT DRAFTING SIMULATION ACCOMPANYING A DOCTRINAL COURSE This project aimed to enhance McKinney’s online programming by implementing innovations in existing online courses that have been delivered and are being delivered presently to law students. Keywords: assessment; assignments; bar; class; classroom; course; design; drafting; education; experience; externship; faculty; feedback; indiana; indiana law; international; law; law review; law school; law students; learning; mckinney; online; practice; professor; review; schools; simulation; skills; students; supervising; tbl; teaching; time; upward; work
• Secured Transactions and Creditors' Rights by Townsend, R. Bruce (1977) - See Ind. Code §§ 34-1-4-2, -8 (1976); Wilson v. Burgett, 131 Ind. 245, 27 N.E. 749 (1891). ''348 N.E.2d 678 (Ind. Ct. App. 1976), discussed at note 203 infra and accompany- ing text. Ind. Code §§ 34-1-53-8 to -10 (1976). Keywords: app; bank; case; co.; code; court; creditor; debtor; filing; ind; indiana; interest; judgment; land; law; lien; mortgage; n.e.2d; notice; party; possession; property; rights; rule; security; state; time
• How State Legislative Preemption in Indiana Bars Local Governments from Building a Positive Economic Future by Boswell, Brad (2018) - For example, there is polling that shows Americans trust local government more than state government (Justine McCarthy, Americans Still Trust Local Government More Than State, GALLUP (Sept. 22, 2014), http://www.gallup.com/poll/176846/americans-trust-local- government-state.aspx [https://perma.cc/WU6X-ULA3]), but Indiana voters have recently approved two constitutional amendments that transferred power away from local government authority. First, there is an argument that limiting local government authority will help avoid a “patchwork” of local laws.111 Supporters of preemption laws believe if local governments had full autonomy to pass ordinances and regulations that characteristics” “justifying the legislation[ ]” would be “permissible under Article IV”). Keywords: assembly; authority; bloomington; city; code; dillon; economic; general; government; government authority; home; indiana; law; laws; legislation; minimum; note; preemption; rule; state; supra; supra note; wage
• Highways and Byways: Following Connecticut's Path in Creating Holistic Domestic Sex Trafficking Laws in Indiana by Forbes, Katherine M. (2018) - Posting this information in a highly visible area gives victims of human trafficking, who are kept isolated, a greater chance to see this lifeline to safety.142 B. Safe Harbor At the federal level, the Trafficking Victims Protection Act already provides a safe harbor law for minors engaged in a commercial sexual act.143 A safe harbor provision within human trafficking law means anyone under the age of eighteen is automatically treated as a victim of trafficking, and the proof of “force, fraud and/or coercion” does not need to be present.144 Although this provision has been enacted at the federal level, it has not been adopted in all state laws.145 Therefore, not only are sex-trafficking victims often arrested and classified as sex offenders, but also some law enforcement officers think that arresting a minor for prostitution is the only way to mandate services and deal with sex trafficking, not understanding how this criminalization can have a negative long-term impact.146 THREE IMPROVEMENTS WITHIN CONNECTICUT’S HUMAN TRAFFICKING LAW Since 2006, twenty-nine federal indictments for human trafficking took place in Connecticut.91 However, there have been only two state-level human trafficking convictions.92 Most of the human trafficking cases in Connecticut concern sex trafficking.93 To strengthen its state law, Connecticut passed Public Act No. 16-71 in early 2016.94 The Act, which went into effect in October of 2016, was given the title “An Act Concerning Human Trafficking.”95 Keywords: act; connecticut; harbor; hope; hotel; human; indiana; law; laws; new; polaris; prostitution; report; safe; sex; state; supra note; trafficking; victims
• Sexism "Related to the Practice of Law": The ABA Model Rule 8.49(g) Controversy by Hart, Ashley (2018) - In the continued drafting of Resolution 109, the ABA did consider the implications surrounding a lawyer’s First Amendment rights and ensured there were special revisions to the amendment to safeguard against misapplication.232 According to Myles Link, Chair of the ABA Standing Committee on Ethics and Professional Responsibility, the ABA was simply asking the organization to pass an anti-harassment and discrimination provision that has already been adopted as part of the Criminal Justice Standards for Prosecution Function, the Standards for Defense Function, and the Model Code of Judicial Conduct.233 It would follow that the ABA adoption of Resolution 109 was merely a natural progression of a trend in regulating the practice of law to comply with the ABA’s aforementioned goals.234 In order to alleviate fears that frivolous or voluminous complaints would be filed under this rule, the Honorable Louraine C. Arkfeld writes there is no current documented evidence of such abuse of the rule within the states already working under similar provisions to ABA Model Rule 8.4(g).235 Finally, the final last minute addition of a scienter requirement to Resolution 109, which states that a lawyer cannot be punished for conduct he did not subjectively know was harassment or discrimination, granted an extra outlined protection under the rule.2 3 6 It was this last push that solidified vital support from additional committees within the ABA as well as the SCEPR itself, contributing to a nearly unanimous passage of Resolution 109.237 Further concerns raised regarding a lawyer’s freedom to choose clients, maintain religious protection, utilize peremptory challenges in the courtroom, and engage in legitimate zealous advocacy on behalf of the client are ensured as explicit exceptions within ABA Model Rule 8.4 and its (g) provision.238 Though the newly amended rule may not be the entire answer to solving harassment and discrimination in terms of gender bias along with other protected groups, the ABA maintains a compelling interest to maintain the ability to regulate the profession, establish renewed confidence in the legal system, and instill an expectation that lawyers understand the integrity of their calling.239 Such compelling interest has been illustrated in cases such as Florida Bar v. Went For It, Inc., in which the U.S. Supreme Court documented a “broad power” that allows states to determine standards of regulating licensure and practice of professions such as law.240 Though lawyers are not asked to give up freedoms 231. The ABA works to craft model rules of professional responsibility to establish guidelines within legal practice.9 The NAWL’s 5,200 female-member pool advocated for a specifically outlined anti-harassment and discrimination provision to be included within the existing Model Rule of Professional Conduct 8.4 Misconduct (ABA Model Rule 8.4)10 as a remedial effort to prevent sexism in the profession.11 The ABA Standing Committee on Ethics and Professional Responsibility (SCEPR) sponsored the development of the official language for the amendment proposal to change ABA Model Rule 8.4.12 Keywords: aba; aba model; amendment; attorney; bar; bias; conduct; discrimination; ethics; female; gender; harassment; indiana; language; law; lawyer; model; model rule; new; practice; profession; provision; resolution; rule; sexism; speech; state; supra note; women
• The Projected Light Message Cases: A Study in the General Erosion of Free Speech Theory by Wright, R. George (2018) - PROPERTY R IGHT THEORY AND ITS LIM ITED V ALUE FOR THE PROJECTED M ESSAGE C ASES Ideally, our best and most relevant general and middle-range normative theories of property rights, and of private property rights in particular, would help to advance our understanding of the various sorts of light projected message cases. Seeking a principled or otherwise adjudicatively helpful approach to various52 sorts of projected message cases thus requires that we exhaust the resources provided by our best broad and middle-range theories of property rights. Keywords: autonomy; cases; coercion; freedom; guidance; law; light; message; message projection; note; nuisance; projection; property; property rights; question; range; rev; rights; self; speech; supra; supra note; theories; theory; trespass; u.s; value
• Fringes: Evidence Law Beyond the Federal Rules by Leubsdorf, John (2018) - FRINGES: EVIDENCE LAW BEYOND THE FEDERAL RULES JOHN LEUBSDORF* During recent decades, the teaching and discussion of Evidence law have come to focus almost entirely on the topics covered by the Federal Rules of Evidence and their state equivalents. Keywords: abuse; app; cases; code; corroboration; courts; criminal; defendant; doctrines; evidence; evidence law; federal; hearsay; law; note; party; rape; rev; rules; state; state v.; supra; testimony; u.s; united; witness
• Mandating Meaningful Forensic Discovery: A Proposal to Fuel the Engine of Truthfulness by McDiarmid, Marjorie Anne (2018) - DEP’T OF JUSTICE, PRETRIAL DISCOVERY IN FORENSIC EVIDENCE CASES: POLICY RECOMMENDATION 4 (Nat’l Comm’n on Forensic Sci. We have seen that several forensic fraud cases came to light only after civil law suits or habeas corpus petitions were filed.253 The reason for that is in no small part attributable to the availability of discovery in those proceedings. Keywords: attorney; case; cir; committee; court; crime; defendant; defense; department; disclosure; discovery; evidence; expert; forensic; government; information; investigation; justice; lab; laboratory; law; material; national; notes; report; results; review; rule; science; states; supra; supra note; text; trial; u.s; united; united states
• Peer Review: Expanding Procedural Due Process to Require Students as Members of University Sexual Misconduct Hearing Boards by Heavilon, Michael (2018) - As shown by the Department of Education’s mandates requiring college adjudication reform, the Government has established that it has a clear interest in attempting to create the best method possible for trying student sexual assault cases. Part II will examine how due process became a right for college students, the case law that has created the current standards for procedural due process with which all schools are required to comply, and the ways in which courts decide the necessary procedures for non-judicial hearings. Keywords: assault; colleague; college; department; education; hearing; interest; law; letter; misconduct; process; review; rights; schools; students; supra note; title; u.s; university
• Indiana's Charter Schools: Taking Holistic Approach to Determine Their Constitutional Legality by Long, Kayleigh (2018) - ”24 Charter schools can also receive private funding in addition to public monies,25 which naturally leads to the question: “[C]an charter schools maintain their educational, legal, and fiscal autonomy and yet remain accountable to the public [against pressures from the private sector] that [both] finance[] their operation?”26 Public funds given to charter schools can then flow to the private sector, 19. [Vol. 51:797 achievement gap defined by the race and socioeconomic status of a student even after the federal government’s concerted efforts to close that gap.8 While states look to school choice as a means to bolster public education, there has been pushback against this tactic.9 Education reformers opposed to charter schools fear that these schools’ abilities to access the same public funding and students as the traditional public schools could be so detrimental that eventually the traditional public schools will no longer have enough money or students to stay open.10 Minnesota was the first state to open its doors to charter schools in 1992,11 and as of the 2010 school year, 1.6 million children were enrolled in 5000 charter schools, making charters five percent of all public schools . . . . Keywords: academic; board; charter; charter schools; choice; constitutional; control; court; education; indiana; law; note; ohio; parents; performance; public; schools; state; students; supra; system
• Taxation by Boyd, John W. (1977) - 'Ch. 75, §§ 1, 33, 1931 Ind. Acts 192 (repealed 1976) (present Indiana inheritance tax provision now codified at Ind. Code §§ 6-4.1-1-1 to -10-6 (1976)). Ch. 276, § 1, 1965 Ind. Acts 764 (repealed 1976) (present pickup tax statutes are codified at Ind. Code §§ 6-4.1-11-1 to -6 (1976)). Keywords: board; code; court; income; ind; indiana; law; n.e.2d; new; property; review; state; statute; supp; tax; taxes
• Filling the Gap: Mental Illness and the Death Penalty in Indiana by Phillips, Jennifer (2018) - Atkins, 536 U.S. at 321 (noting that intellectual disability can facilitate a jury finding future dangerousness of a defendant); Mental illness and violence, HARVARD HEALTH PUBL’NS (Jan. 2011), http://www.health.harvard.edu/newsletter_article/mental-illness-and-violence [perma.cc/G4F3-CJHN] (mental illness). U NDERSTANDING THE G AP: W HY C URRENT LAW C ONFLICTS W ITH PUNISHM ENT THEORY A. Comparing M ental Illness to Intellectual Disability Defendants with severe mental illness share many characteristics with defendants who are intellectually disabled that reduce their culpability.159 Characteristics unique to mental illness, such as psychotic symptoms or 150. Keywords: 155; baird; bill; court; death; defendant; execution; illness; indiana; insanity; jury; law; n.e.2d; note; penalty; people; state; supra; u.s
• Through the Seventh Circuit Lens - Conflicting Interests: An Examination of Basic Civil Rights for Criminal Aliens Versus Congressional Desire for Smooth Removal Proceedings by Tempest, Julie (2018) - started.50 Thus, the investigation concluded that detaining criminal aliens during their 40. 51 In Demore v. Kim, relying on use of the word “shall” in Section 1226(c), the Supreme Court interpreted the language of this statute to mandate detention of criminal aliens during the pendency of their removal proceedings. Keywords: 1226(c; alien; bond; circuit; court; criminal; demore; detention; immigration; law; process; removal; rodriguez; section; states; u.s; u.s.c
• Survey of Indiana Administrative Law by Balzer, Tabitha L.; Herceg, Manuel (2018) - The purpose of this survey Article, as in years past, is to highlight a few significant decisions by Indiana appellate courts over the last year (October 2016-September 2017) concerning administrative law issues that have far-reaching effect. However, other courts have treated res judicata as synonymous with claim preclusion, and treated issue preclusion (aka collateral estoppel) as a separate but related doctrine. Keywords: action; administrative; agency; appeals; case; court; decision; indiana; issue; judicial; law; n.e.3d; petition; public; review; state; trial
• Banking, Business, and Contract Law by Sullivan, Jr., Frank (2018) - I. BUSINESS ENTITY STATUTE HARMONIZATION On April 21, Governor Eric Holcomb signed into law an enactment of the General Assembly2 that Secretary of State Connie Lawson called “the most far- reaching revision of Indiana business laws in more than two decades.”3 As noted at the outset of this discussion, the Harmonization Act was deemed by Indiana Secretary of State Connie Lawson to be “the most far-reaching revision of Indiana business laws in more than two decades. Keywords: agreement; app; arbitration; bank; banking; business; case; co.; code; contract; contract law; corporations; court; entity; harmonization; inc; ind; indiana; indiana law; interest; language; law; liability; limited; n.e.3d; new; parties; provisions; review; state; time; trial
• Emerging Federal Reliance -- Continued State Constitutional Minimalism: Indiana State Constitutional Law Summaries -- 2016-2017 by Chinn, Scott; Pulliam, Daniel E. (2018) - The suspects in the house had no known criminal history and the officers were after what they believed were ten grams of cocaine and marijuana.129 The court rejected the State’s request to adopt the inevitable discovery exception as a matter of Indiana constitutional law because the Indiana Supreme 116. A scuffle ensued that resulted in multiple stun gun attempts to subdue Brown and caused non-life threatening injuries.105 Brown was charged with felony battery on a public safety officer and disarming a public safety officer, and after a bench trial, was convicted of battery and acquitted of disarming.106 At sentencing, the judge sentenced Brown to a misdemeanor one-year term suspended to probation.107 On appeal, Brown argued that under the totality of the circumstances, the search was unreasonable under the Indiana Constitution.108 Under Litchfield v. State,109 Indiana courts determine the reasonableness of a search under article 1, section 11 by looking at (1) the degree of concern, suspicion, or knowledge regarding the occurrence of a violence; (2) the degree of the search method’s intrusion on the citizen’s ordinary activities; and (3) the extent of law enforcement needs.110 The court concluded that the officers’ intrusion into Brown’s privacy was justified by the immediate and urgent need to protect themselves and the public from a man the officers reasonably believed was armed and dangerous.111 Keywords: app; appeals; article; brown; constitutional; court; defendant; ind; indiana; law; n.e.3d; officer; search; state
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M. (2018) - The statutes, long tradition of allocution rights, and “low demand upon judicial resources” compels trial courts to “inquire personally with the defendant” about allocution.257 Asking counsel instead of the defendant was fundamental error because “allocution is not an evidentiary matter or otherwise subject to proof of prejudice upon offer of proof or appeal. ”286 X. CHALLENGES TO PROBATION CONDITIONS AND PROBATION REVOCATION OR COMMUNITY CORRECTIONS Defendants frequently challenge probation conditions imposed by trial court or various aspects of the trial court’s revocation of probation or community corrections. Keywords: appeals; appellate; court; criminal; defendant; evidence; ind; indiana; law; n.e.3d; opinion; review; sentence; sentencing; state; supreme court; trial court; years
• 2017 Developments in Indiana Evidentiary Practice by Flora, Colin E. (2018) - RULES 501 & 502 Indiana evidence law looks to both Rules 501 and 502 along with statutes and common law to determine the scope and applicability of privileges.110 The survey period saw numerous issues of privilege arise in Indiana courts. On transfer, the Indiana Supreme Court held that “[a] motel room, as used by law enforcement in this case—to carry out an undercover investigation and to search a suspect incident to his arrest—is not a place of detention as defined by Indiana Evidence Rule 617.”165 Keywords: app; appeals; child; court; defendant; evidence; expert; ind; indiana; law; n.e.3d; records; rule; state; testimony; trans; trial; v. ind; v. state; witness
• Torts by Brundage, Cory (1977) - Having so determined, the court then stated that the only other possible justification was that the remedy was a valid exer- cise of the power of courts to fashion new common law. However, as the number of cases increases in which courts of appeal refuse to apply such a defense, the likelihood of its success decreases. Both the First District Court of Appeals, in Gibson v. Hen- ninger,^* and the Second District Court of Appeals, in Rhinebarger v. Mummert,^^ considered seat belt cases during the survey period. Keywords: agreement; app; appeals; court; damages; defendant; indiana; law; n.e.2d; plaintiff; state; trial
• Recent Developments in Indiana Tort Law by Kruse, Paul S.; Morris, Larry L.; Boyle, Heather D.; Moore, Katherine M. (2018) - Ultimately, the court “expressly disapprove[d]” the Webb approach to defining duty, reasoning that Webb was applied inconsistently in lower courts and created confusion as to the proper duty analysis.29 The court held that foreseeability is a component of duty and is to be determined by the court and opted to follow the framework outlined in Goldsberry v. Grubbs.30 The court of appeals reversed, finding that Martin did have a duty as a social host to render aid to Michalik after he was injured and that questions of fact existed as to whether Martin furnished beer to Brothers.9 On transfer, the supreme court did not consider the Webb v. Jarvis10 three-part balancing test, but rather looked to Indiana law on premises liability.11 The court noted that, as pertaining to activities on the premises (as opposed to a dangerous condition on the land), the critical element for premises liability is whether the landowner can foresee the harm.12 This is a determination of law to be made by the court.13 Keywords: appeals; city; claim; contract; court; duty; ind; indiana; judgment; law; n.e.3d; negligence; school; summary; supreme; supreme court; trial; trial court
• You're Going to Need a Bigger Boat: Navigating the Uncertain Waters of Lake Law by Bradford, Cale J.; Bradford, Cale Addison; Blackwell, Alexander (2018) - In Indiana, riparian rights to public Indiana lakes generally have three sources: 1. [Vol. 51:1121 Group piers on Indiana public lakes require licenses and must be built and placed in accordance with 312 I.A.C. 11-4-8.43 In order to receive such a license, the applicant must demonstrate the pier Keywords: app; code; court; easement; ind; indiana; lake; law; n.e.2d; pier; property; public; rights; riparian; water
• Survey of Recent Developments in Indiana Product Liability Law by Alberts, Joseph R.; Thornburg, Robert B.; Buttrick, Hilary G. (2018) - Several of those cases addressed who may file suit in Indiana as product liability plaintiffs because they are “users”10 or “consumers.”11 PRODUCT LIABILITY 1151 therefore, proper defendants in Indiana product liability cases. Keywords: cases; claims; code; corp; court; damage; defect; expert; inc; ind; indiana; ipla; law; liability; manufacturer; n.d; n.e.2d; plaintiff; product; product liability
• The Teacher Privilege to Use Corporal Punishment by Stroud, Kenneth M. (1978) - The Federal Constraint -Ingraham v. Wright In Ingraham v. Wright, 79 the United States Supreme Court held the eighth amendment's cruel and unusual punishment clause inap- plicable to pupil corporal punishment cases and held that the four- teenth amendment's due process guarantee did not require notice or a hearing prior to the punishment. Indiana Law Review Indiana Law Heview Volume 11 1978 Number 2 The Teacher Privilege to Use Corporal Punishment Kenneth M. Stroud* I. Introduction Traditionally, teachers have had a qualified privilege to inflict corporal punishment on pupils under their control. Keywords: court; criminal; ind; indiana; law; privilege; punishment; rule; school; state; teacher
• Some Observations Regarding Crime Control by Jacobs Sr., Andrew (1978) - The prime, and almost only, argument urged in favor of the pres- ent groundless change of judge rule was voiced by Justice Arter- burn: I don't think a judge ought to have the right to decide if he is prejudiced. There were Indiana trial and appellate court judges who overlooked the supreme court's rulings and viewed a trial, as Chief Justice Burger noted, with a spirit of sportsmanship. Keywords: change; court; crime; criminal; ind; indiana; judge; justice; law; n.e.2d; rule; state; supreme; supreme court; trial
• Criminal Discovery in Indiana: Its Past and Future by Joest, David R. (1978) - This mode of development has resulted in a less orderly and consistent structure of criminal discovery law than would have been expected had criminal discovery been provided for by statute or court rule. It is the position of this author that the present disorganized state of criminal discovery law impedes the effective service of the ends for which discovery is provided and that a comprehensive scheme of criminal discovery should be enacted by rule of the Supreme Court of Indiana. Keywords: code; court; criminal; defendant; discovery; ind; indiana; law; n.e.2d; procedure; rules; state; trial; trial court; v. state
• The Pre-emption Doctrine and the Commodity Futures Trading Commission Act: In Favor of State Law by Sakowitz, Anita (1978) - In a letter to the Indiana Securities Commission, the CFTC ex- pressed the opinion that a commodity options trading advisor who offers and sells commodity options to the public is not required to register as a broker-dealer under state securities law, because the CFTC Act pre-empts state law insofar as it seeks to regulate com- modity options transactions.98 [Vol. 11:467 When using conflict between federal and state statutes as grounds for pre-emption,18 the Court first analyzes the statutes in question, then determines whether a conflict actually exists.19 The clearest cases arising on grounds of conflict occur when state law mandates action forbidden by federal law, or vice-versa. Keywords: act; cftc; commission; commodity; congress; court; emption; exchange; federal; futures; jurisdiction; law; pre; securities; state; u.s
• ACKERMAN: Private Property and the Constitution by Torke, James W. (1978) - While most of present compensation law is the product of Ordinary Observers, 41 — though the deeper structures of precedent have been lost from view42 — Ackerman finds that an increasing number of sophisticated lawyers and judges are thinking and writing about law, consciously or not, as Scientific Policymakers. Insofar as present compensation law has lost touch with that fundamental question — that is, has become a bundle of rules, internally consis- tent, but otherwise afloat— a new beginning is needed. Keywords: ackerman; compensation; law; note; observer; policymaker
• Discrimination Against Unwed Mothers as Prohibited Sex Discrimination Under Title VII and the Constitution by Hill Jr., Marvin (1978) - [Vol. 11:511 applied by the Supreme Court in sex discrimination cases will be considered, followed by a comparison of sex discrimination criteria under the Constitution and Title VII with special emphasis on the case of the unwed parent. (this Act may, under limited circumstances, provide a remedy for sex discrimination); Exec. Order No. 11,246, 3 C.F.R. 339 (1964-65 Compilation), as amended by Exec. Keywords: basis; classification; court; discrimination; employer; employment; females; law; policy; pregnancy; protection; school; sex; sex discrimination; standard; statute; supp; title; title vii; u.s; vii; women
• Computation of Lost Future Earnings in Personal Injury and Wrongful Death Actions by Wainscott, Edwin B. (1978) - One other recent case representative of state court decisions find- ing error in admitting evidence of inflationary or productivity fac- tors is Havens v. Tonner.^^ '^ The Indiana Supreme Court's decision in Highshew has been cited by a number of other courts as an example of an opinion that fails to recognize the distinction between the evidentiary issues con- cerning the consideration of the income tax impact on awards and the question of the propriety of a cautionary instruction concerning the non-taxability of the award.' Keywords: award; cases; circuit; court; decision; earnings; evidence; expert; f.2d; factors; future; income; indiana; inflation; inflationary; instruction; jury; law; productivity; taxes; testimony; trends; trial court
• When the Product Ticks: Products Liability and Statutes of Limitation by Leibman, Jordan H. (1978) - This latter chapter, entitled Statute of Limitations,'* requires products liability actions to be commenced within ten (10) years after the delivery of the product to the initial user or consumer; except that, if the cause of action accrues more than eight (8) years but not more than ten (10) years after the initial delivery, the action may be commenced at any time within two (2) years after the cause of action accrues. (1977), reprinted in Product Liability In- surance: Keywords: action; claims; court; date; defendant; hearings; indiana; injury; insurance; law; liability; limitation; manufacturers; note; plaintiff; product; products liability; repose; safety; statute; supra note; time; tort; years
• The Due Diligence Defense in Rule 10b-5: The Hochfelder Aftershocks by Venditti, Lex L. (1978) - 'Generally, the requirements for recovery in rule lOb-5 are as follows: A material misrepresentation or omission by the defendant, a showing of scienter, reliance, and some form of due diligence by the plaintiff. While once well established, the duty of due diligence is presently being questioned. Keywords: care; cert; cir; conduct; court; defendant; defense; diligence; duty; f.2d; law; lob-5; plaintiff; rule; u.s
• In the Public Interest: The Precedents and Standards of a Lawyer's Public Responsibility by Smurl, James F. (1978) - The 1977 Supreme Court decision' allowing advertising of legal ser- vices and the impact it has already had on the structure and func- tioning of the bar is but one, in a significant series of changes which have occurred in response to a publicly-perceived need for a fairer distribution of legal services. As an observer who is a social ethicist, I have been intrigued by the reasons offered for these changes — especially by the reasons supporting claims that the profession has a moral obligation to make legal services fully available. Keywords: aid; bar; code; duty; ethical; justice; law; lawyer; note; professional; public; responsibility; rules; services; smith; supra; system
• Comparative Fault: A Need for Reform of Indiana Tort Law by Vargo, John F. (1978) - ^Comparative fault and comparative negligence are used interchangeably throughout this discussion. V. Schwartz, Comparative Negligence § 1.4, at 3-4 (1974 & Supp. 1978). Keywords: assumption; contributory; court; defendant; fault; indiana; law; liability; negligence; note; plaintiff; risk; supra
• Back Matter by Law Review, Indiana (1978) - 33 Kardon v. National Gypsum Co. 727 Kavanagh v. Butorac 322 Keel V. State 384 Kellam & Foley, Walters v. 183, 218 Kelly V. Bank of Reynolds 70 Kelly V. Washington 468 Kelsie v. State 147 Kennett v. Delta Airlines, Inc. 670 Kensinger, Ruthrauff v. 708 Kerlin v. State 908 Kerns v. State 229 Keyishian v. Board of Regents 552 Kidwell, Great Western United Corp. V. 46 King's Indiana Billiard Co. V. Winters 649 xu TABLE OF CASES [Vol. 11 Page Klein, Stanley v. Bloch, Inc. v. 452 Klinkofe, Green v. 303 Kohler v. Kohler Co. 733-34 Kohlmeyer & Co., McCurnin 484 Kottis V. United States Steel Corp. 341 Kroll, United States v. 641 Kruse, Kruse & Miklosko v. Beedy 265 Kuhn V. Kuhn 172, 281 Kurtz V. State 141 Kushto, Highshew v. 668 Lachman, United States v. 632 Land v. Neill Pontiac, Inc. 706 Langford, Old Town Development Co. V. 202, 234 LaPorte County Board of Zoning Appeals, Fail v. 262 Lash, Aikens v. 95 Latham, Barney v. 563 Latimer v. General Motors Corp. 213 Laventhol, Kreskstein, Horwath & Horwath, Herzfeld v. 461 Lawrence v. State 909 Lawson v. State 898 Leazenby v. Clinton County Bank & Trust Co. 289, 330, 765 Lee, Liggett v. 48 Leechburg Area School District v. Pennsylvania Human Relations Commission 518 Lefforge v. State 900 Lewis V. State 183 Levin, Huddell v. 655 Li V. Yellow Cab Co. 841 Liberty Loan Corp., Brown v. 878 Liggett V. Lee 48 Linville, Moore v. 258 Long V. Anderson 274 Long Island Railroad, Grunenthal v. 648 Loudermilk v. Feld Truck Leasing 269 Lovely v. United States 906 Lowenschuss v. Gulf 8z Western Industries, Inc. 564 L.S. Ayres & Co. v. Indianapolis Power & Light Co. 24 Luckett V. State 127 Ludy V. State 144 Page Luttrell V. Douglas 494 Lynch v. Johnson 497 Lyon & Greenleaf Co., Indiana State Board of Tax Commissioners V. 74, 298 M Macguire, Ashburner v. 851 MacNerland v. Barnes 448 Madison v. State 124 Madison Superior Court, State ex reL Travelers Insurance Co. v. 280 Madison Superior Court, State Travelers Insurance Co. v. 57 Magill V. Westinghouse Electric Corp. 653 Majors, Sidle v. 79 Malcomson, McCollum v. 287 Manor Drug Stores, Blue Chip Stamps V. 749 Manufacturers' Hanover Trust Co., Ginsberg v. 891 Marion Criminal Court, State ex. reL Barlow v. 424 Marion Superior Court, State ex reL Schutz V. 170 Maritime Swiss S.A., Barber v. 891 Markins, State v. 897 Marlett v. State 137 Marsh v. Marsh 169 Marshall, Brune v. 90 Martin, Henline, Inc. v. 67 Martin Marietta Corp., Phillips v. 517 Martin Sweets Co., Jacobs v. 523 Martinelli, Flagle v. 334 Massachusetts Board of Retirement V. Murgia 536 Massey-Ferguson, Inc., Sills v. 216 Matney, Vernon Fire & Casualty Insurance Co. v. 62, 187 Maxey v. State 135 McAlpine, Clement A. Evans & Co. V. 734 McCarrell, Rieth-Riley Construction Co. V. 316 Northwestern National Bank v. United States 642 272Obermeyer, Dragstrem v. O'Dell V. State Farm Mutual Automobile Insurance Co. 343 Ogle V. Wright 260 Ohio, Terry v. 127 Old Town Development Co. v. Langford 202, 234 Olshock V. Village of Skokie 98 Omaha Public Schools v. Brown 518 Oregon, Wardius v. 394 Oritz V. State 130, 228 Osteopathic Hospital, Jane Doe v. 523 Oursler, Hurn v. 562 Overbeck v. Sears, Roebuck & Co. 252 Oviatt, Cannon v. 82 Owens, Frankfort v. 323 Owens V. Owens 173, 282 Paidle v. Hestad 260 Palmer v. State 147 Palmigiano, Baxtor v. 96 Pan American World Airways, Diaz V. 530-31 Pappas, Indiana State Highway Commission v. 235 Parkside Department Corp., Howard D. Johnson Co. v. 73, 246, 254 Passander, Spickelmier Industries, Inc. Keywords: bank; board; brown; cases; city; co.; commissioner; corp; court; criminal; discrimination; employment; general; inc; indiana; indiana state; industries; insurance; law; national; page; railway; rel; state; table; united; united states; v. state; v. united; vol
• Foreword by Kerr, William A. (1978) - App. 1976) (construing Ind. Code §§ 31-5-7-7, -15 (1976)). Likewise, should a child who is a party to juvenile court proceedings be entitled to see all of the reports and statements obtained from relatives and neighbors during the course of the proceedings? Keywords: child; children; code; court; criminal; general; ind; indiana; juvenile; law; new; proceedings; provision; supp
• Administrative Law by Price, Gary P. (1978) - Writs of mandate and prohibition may issue out of the Supreme and Appellate Courts of this state in aid of the ap- pellate powers and functions of said courts respectively. Ind. Code § 6-2-1-19 (1976) states, in pertinent part: That except as hereinafter provided, no court shall have jurisdiction over any such suit unless the taxpayer shall show that the complaint therein was filed within three [3] months after he shall have received notification of the action of the department denying said petition for refund in whole or in part. Keywords: administrative; agency; code; court; decision; ind; indiana; law; n.e.2d; state
• Corporations by Venditti, Lex L. (1978) - The inability of ap- praisal rights to adequately compensate minority shareholders may be an additional justification for limiting the application of the remedy in a squeeze-out merger.27 Prior to Gabhart, Indiana courts adhered to the traditional rule and refused to enjoin a merger unless there was evidence of fraud or a breach of fiduciary duty. 38 The Indiana Supreme Court in Gabhart was unwilling to intrude into corporate management to the same extent as the Singer court.39 The court, confining the corporation to the statutory procedures outlined under the Indiana General Corporations Act, analyzed a merger without a legitimate business purpose as a defacto cor- porate dissolution and concluded that the squeeze-out merger operated as a dissolution favoring the selected majority shareholders.40 Because a dissolution is designed to sever relation- ships among corporate shareholders, the court reasoned there was no justification for allowing the majority shareholders to apply the more restricted merger provisions to accomplish the same result.41 Consequently, under Gabhart, minority shareholders may challenge any offending merger as a defacto dissolution. Keywords: act; ann; business; co.; code; company; corporation; court; idaho; indiana; law; liability; merger; minority; plaintiff; purpose; shareholders; supp
• Constitutional Law by Raphael, Alan (1978) - In Board of Zoning Appeals v. Wheaton, 93 a Catholic Sisters home was allowed in a residential district.94 The court's decision is well supported in Indiana case law. 47 Subsequent to Hicks, federal appellate courts have considered similar massage parlor ordinances and affirmed their constitutionali- ty based upon the summary dispositions.48 The third claim was that the inspection provisions of the or- dinance violated the prohibitions of the state49 or federal50 constitu- tions which protect against unreasonable search or seizure. Keywords: church; commission; court; ind; indiana; law; n.e.2d; state; u.s
• Hoosier Bridesmaids by Lamber, Margo M.; Bryant, A. Christopher (2021) - Bush developed heart problems in May 1991 while jogging, and there was talk of Quayle becoming president if the president had to be anesthetized.439 Visions of “President Quayle” worried the public.440 Furthermore, Quayle continued to misspeak and was sometimes credited with gaffes he never uttered.441 He also delivered a speech about family values wherein he criticized the popular television program “Murphy Brown” because the lead character had a child out of wedlock and “mock[ed] the importance of fathers,” Quayle asserted.442 His point was a timely one, as Americans were increasingly worried by the rise of single-parent families, but his attack on a fictional character made him seem ludicrous.443 At another photo-op, this time a local spelling bee, Quayle made the mistake of amending a child’s correct spelling of the word “potato” because Quayle had been given a card with “potato” written on it.444 With these problems, the Bush administration seemed very vulnerable by the summer of 1992, and some Republicans suggested getting rid of Quayle to strengthen their position.445 Opinion polls revealed Quayle was the most unpopular vice president in the last forty years, scoring even lower than Spiro Agnew, Nixon’s vice president who resigned after he was caught in a corruption scandal. With Vice Presidents Quayle and Pence, of course, the opposite becomes true, as their selection was entirely the product of the wisdom of the presidential candidate himself, and in both cases, it was immediately and widely understood as revealing something important about the presidential nominee and his strategy for the general election. Keywords: barzman; boomhower; bridesmaids; bush; campaign; colfax; dan; democrats; election; fairbanks; furlong; governor; grant; hatfield; hendricks; hoosier; house; indiana; law; leonard; marshall; mike; national; party; pence; president; quayle; republican; review; roosevelt; running; senate; state; supra note; thomas; time; trump; u.s; vice; vice president; vol; wilson
• Remarks: Presidential Succession and Impeachment: Historical Precedents, from Indiana Beyond by Feerick, John D. (2021) - Hendricks’ death also illustrated the problem of vice-presidential vacancy.5 Charles Fairbanks was Vice President to Theodore Roosevelt, who had succeeded to the presidency after President William McKinley’s assassination in 1901.6 The McKinley assassination may have had a significant impact on Fairbanks’ career. To provide for these contingencies, they included Article II, Section 1, Clause 6, which states, In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.11 In sum, the Succession Clause made the Vice President the first successor to the presidency in the event of the President’s death, resignation, removal or inability. Keywords: amendment; fifth; fifth amendment; fordham; house; impeachment; inability; indiana; law; note; office; president; senate; succession; supra; supra note; u.s; united; vice; vice president
• The Cultural Politics of Dan Quayle and Mike Pence by Sanders, Steve (2021) - Tony Cook & Brian Eason, Gov. Mike Pence Yet, if an image of Indiana persists in many people’s minds as a bastion of social conservatism and tradition, that image likely has been shaped in part by the two most recent vice presidents the Hoosier state has sent to Washington: Dan Quayle and Mike Pence. Keywords: conservative; dan; indiana; law; mike; note; pence; president; quayle; rfra; state; supra
• The Marshall Constitution and the Jurisprudence of Article 16 by Schwier, Ryan T. (2021) - ”1 Reports had circulated throughout the Statehouse that day that the Indiana Supreme Court would hand down its decision in the highly anticipated case of Ellingham v. Dye.2 After nearly a year and a half of political wrangling, litigation, and appeals, the Court would soon decide the question of whether state constitutional reform by statute and referendum was “a valid exercise of legislative power by the General Assembly. What, precisely, constituted “a majority of the electors” for purposes of ratification?48 In 1880, the Indiana Supreme Court, in State v. Swift, decided that a constitutional amendment must pass by a majority of the electorate as a whole, not just a majority of those voting on the amendment.49 And because a mere plurality of affirmative votes meant neither the ratification nor the rejection of a proposed amendment, the Court concluded that such a proposal stood pending before the voters.50 These “zombie” amendments, if you will—neither fully dead nor fully alive—created further obstacles: so long as they remained in their suspended state, “awaiting the action of a succeeding General Assembly, or of the electors,” article 16, section 2 prevented legislators from introducing new ones.51 Lawmakers could resubmit these zombie amendments at a subsequent election, but the usual practice was to remove them by legislative act to open the door for other proposals.52 Of course, this latter process forced legislators to start the article 16 process anew. Keywords: amendment; article; constitution; court; general; indiana; law; marshall; note; people; reform; state; supra
• The Leadership Council on Legal Diversity: Realizing the Vision by Grey, Jr., Robert J. (2021) - ”5 LCLD members had to take action and plant seeds now, but growth from those seeds would not occur overnight. Additionally, the Fellows—who number nearly 300 in each year’s class—get five opportunities each year to have what we call “Learning Experiences” at LCLD corporate member campuses, such as Coca-Cola and 3M. Eli Lilly in Indianapolis has hosted two Learning Experiences, during which General Counsel Mike Harrington invited several dozen Fellows to visit with him for a day and a half. Keywords: counsel; diversity; fellows; general; law; lcld; leadership; members; program; year
• I'm from the Juvenile Justice System and I'm Here to Help: Hoosier Juveniles' Right to a Jury Trial by Parr, Riley L. (2021) - ”65 D. States Fill the Due Process Void: RLR and In re L.M. Unlike most of the state supreme courts that adopted McKeiver’s reasoning and conclusion when addressing the issue of juvenile jury trial rights, the supreme courts of Alaska and Kansas reached the obverse result: In juvenile delinquency adjudications, juveniles have the right to a jury trial. ”107 Similarly, the juvenile court historically closely guarded the confidentiality of Indiana juvenile court records. Keywords: adjudications; adult; app; constitution; court; criminal; indiana; jury; jury trial; justice; juvenile; law; n.e.2d; proceedings; right; state; supreme; supreme court; system; trial right; u.s
• Contracts, Commercial Law, and Consumer Law by Greenberg, Harold (1978) - 24 In its counterclaim, Thompson Farms had alleged, 'That the plaintiff was duly notified of the defects in said hog houses and of the breach of express warranty and implied warranties, but Plaintiff has failed to make the said hog houses conform to said warranties. Fur- thermore, the court observed that Indiana courts had already con- sidered a mobile home, electricity, and a car washing center to be goods, 18 as had the Court of Appeals for the Seventh Circuit with payments from the lessee. Keywords: app; corno; court; goods; hog; ind; law; n.e.2d
• Criminal Law and Procedure by Good, Richard P. (1978) - 4 The other line of cases restates the traditional view that exigent circumstances are not required.5 The United States Court of Appeals for the Second Circuit held in United States v. Reed* that the fourth amendment7 requires exigent circumstances for a warrantless felony arrest, based on probable cause, in the suspect's home.8 If Reed were followed by Indiana courts, then the traditional approach would be used for the lesser intrusion of a war- rantless arrest in public and exigent circumstances would be re- quired only when the officer intrudes into the arrestee's home.9 2. Courts held con- fessions to be valid in other cases in which defendants claimed to be under the influence of drugs or suffering from drug withdrawal.81 There was conflicting evidence in each of the cases whether the defendants were affected by either the drugs or alcohol, which the trial courts resolved by finding no impairment of defendants' volun- tariness in confessing. Keywords: app; code; court; criminal; defendant; ind; indiana; law; n.e.2d; state; supreme; supreme court; trial; trial court; v. state
• Evidence by Karlson, Henry C. (1978) - Appellant's at- tempt to use extrinsic evidence to attack the credibility of a witness was properly denied as the evidence offered was at best ambiguous and raised too many collateral issues.*97 G. Scope of Cross-Examination The Indiana Court of Appeals, in Gunn v. State, 98 held that a criminal defendant must be permitted to establish the foundation necessary to obtain copies of witness statements and grand jury proceedings during cross-examination. 69371 N.E.2d at 706. 1979] SURVEY-EVIDENCE 205 test, 60 coupled with the weakness of other evidence, brought about the reversal of a conviction for theft in Owens v. State.*1 Keywords: court; defendant; evidence; ind; indiana; law; n.e.2d; rule; state; statement; testimony; witness; witnesses
• Labor Law by Archer, Edward P. (1978) - The trial court had analogized the EERB review of the school board decision to court review of an administrative decision under the Administrative Adjudication Act.35 The court rejected this holding of the trial court, stating that the function of the EERB is to conduct de novo proceedings to resolve unfair labor practice complaints and that the trial court's function is one of review within the meaning of the Administrative Adjudica- tion Act. The court concluded that sec- tion 6 of the law28 allows school employees to engage in only those activities which attempt to advance the rights of the teachers in the bargaining unit as a group, and confers no right upon a school employee to discuss a personal grievance with his school employer. Keywords: board; court; employee; ind; indiana; labor; law; n.e.2d; review; school; section
• Products Liability by Vargo, John F. (1978) - The chapter, as enacted, includes product liability actions brought under negligence and strict tort theories, but excludes alleged breach of warranty actions. [Vol. 12:227 at permitting employees, co-employees, and persons similarily situated, who have possession and control of products, to maintain product liability actions, presumably for purposes of indemnification, against product manufacturers if an employee is injured by a defect in the product. Keywords: action; code; court; ind; indiana; law; liability; n.e.2d; negligence; note; plaintiff; product; product liability; risk; section; statute; strict; supp; supra; tort
• Secured Transactions and Creditors' Rights by Townsend, R. Bruce (1978) - (Hunter, J., dissenting). 17Adopted in Indiana at Ind. Code §§ 24-4.5-1-101 to 6-203 (1976). L. No. 47, §§ 29-30, 1975 Ind. Acts 317 (current ver- sion at Ind. Code 6-1.1-10-30 (1976)), provided that personal property of nonresidents of the state who are able to show by adequate records that such personal property has been shipped into this state and placed in the original package in a public warehouse for the purpose of transshipment to an out-of-state destination, shall not, while so in the original package in such warehouse, be subject to the tax imposed by Ind. Code §§ 6-1-20 to 39 (1971) and that portion of a premises owned or leased by a consignor or consignee, shall be deemed to be a public warehouse. Keywords: app; bankruptcy; case; co.; code; contract; court; creditor; damages; debtor; inc; ind; indiana; law; lien; n.e.2d; notice; owner; party; property; sale; state; time; title
• The Effect of the Indiana Divorce Law upon the Application of Section 17a(7) of the Bankruptcy Act by Ancel, Sorelle J. (1979) - While in many states the idea of a continuing obligation by a husband to a divorced wife is changing, federal bankruptcy law has not changed relative to family obligations. Thus, bankruptcy courts increasingly must address the multiple problems of daily and family life affected by discharge/^ Social attitudes about the family have also undergone dramatic change in the past few decades. Keywords: act; alimony; bankruptcy; cir; court; divorce; f.2d; indiana; law; property; section; wife
• Epistemic Exceptionalism by Steiner-Dillon, James R. (2019) - The overconfidence to which I refer is an emergent property of formal legal decisions, taken in the aggregate and expressed in the doctrine of appellate courts186 and in the discretionary practices of trial judges; it is a characteristic of the institution of the judiciary, not of any individual judge.187 Individual judges may well be aware of their personal epistemic limitations; acting collectively and in their official capacities, however, they create a body of doctrine characterized by epistemic exceptionalism. I believe this explains the disparity between courts’ willingness to acknowledge that limiting instructions to jurors represent something of a fiction insofar as we do not believe that juries literally refrain from drawing all forbidden inferences from evidence admitted for a particular purpose, but maintain a strong pretense that trial judges are in fact capable of that feat. Keywords: bench; bias; cases; cir; cognition; cognitive; court; decision; defendant; effects; empirical; et al; evidence; exceptionalism; expert; fre; general; judges; judicial; jurors; jury; law; legal; making; note; pretrial; rev; review; rules; states; supra; supra note; testimony; trial; u.s; united
• Comparing Notes: Cross-Campus Visits for Clinician Development by Sonne, James A. (2019) - Our flagship effort is the Association of American Law Schools (AALS) Conference on Clinical Legal Education each spring, with its plenaries and breakouts, subcommittees, and other formal and informal ways to both share and learn about clinical teaching and scholarship. In connection with the experience of writing a clinical law-review article for the first time, I further explored the pedagogical literature and took part in various online discussion forums about clinical teaching, client service, and social justice.10 Notwithstanding all of these measures, however, my early understanding of the clinical undertaking still felt lacking in some ways, as my prior practice and lecture-driven teaching approaches, coupled with a slightly policy-heavy view of the project, seemed to predominate. Keywords: clinic; experience; law; learning; practice; school; students; teaching; visits
• The Lawyers Who Mistook a President for Their Client by Clark, Kathleen (2019) - Gen. 566 1979-12-04 Construed Foreign Relations Authorization Act, Fiscal Year 1978, Public Law 95-105, August 17, 1977, 91 Stat. 844, 859-860 as congressional consent for retired military members employed by foreign governments at time of enactment to start receiving retirement pay as soon as they obtained secretarial approval for foreign government employment, even if the prior deductions had not completely offset the emoluments they received from foreign governments B- 193562 (Comp. Gen.), 1979 WL 11736157 1980-06-13 State department takes the position that retired foreign service officers and retired foreign service information officers continue to be officers for purpose of clause B- 199061 (Comp. Gen.), 1980 WL 16442 1980-07-17 Standard for recouping retirement pay when retired military officer has received approval from one but not both cabinet secretaries B- 198557 (Comp. Gen.), 1980 WL 16290 1982-03-25 Standard for recouping retirement pay received during period of unauthorized employment by foreign government 61 Comp. Over the course of a century and a half, the Department has issued more than fifty opinions interpreting the Clause to prohibit federal officials from accepting any benefit from foreign governments, even if the benefit is small in size, is part of an arms-length transaction, is funneled through an intermediary, or if the official’s government responsibilities don’t affect the foreign government.1 Consistent with both the language and purpose of the Clause, the Department has been vigilant in safeguarding our Republic from potentially corrupt foreign government influence by preventing foreign governments from currying favor with federal officials. Keywords: applicability; department; emoluments clause; gen; gifts; government; law; lawyers; members; memorandum; note; o.l.c; office; president; states; supra; trump; united
• Protecting Software Intellectual Property After the Lexmark Decision by Dobias, Nicole L. (2019) - Although copyright and patent law are codified, both the extent of patent law protection afforded to software9 and exhaustion of rights associated with patent and copyright law have been defined by the common law.10 In 2014, the Supreme Court increased the difficulty of patenting computer- implemented inventions, such as software, with its holding in Alice Corp. v. CLS Bank International.11 The Court held that implementing an abstract idea, such as a method or system, on a computer does not sufficiently transform the abstract idea into patent-eligible subject matter.12 Since the case’s publication, “Alice has proven ‘deadly’ for software patents. Keywords: alice; computer; copyright; court; decision; inc; intellectual; law; lexmark; license; note; patent; producer; property; protection; software; supra; u.s
• Last Line of Defense: How Indiana Can Encourage Naloxone Availability During Its Opioid Crisis by Millikan, John (2019) - Side effects of naloxone stem from the underlying addiction and include agitation, body aches, dizziness, weakness, diarrhea, stomach pain, nausea, fever, chills, and sneezing—all common signs of opioid withdrawal.110 Indiana is increasing the number of people trained to administer naloxone,111 particularly in Indianapolis where Indianapolis Metropolitan Police Department officers and Indianapolis Fire Department staff receive training.112 From 2011 to 2015, naloxone use by Indianapolis Emergency Management Service personnel increased significantly and reversed nearly 4,000 opioid overdoses during that timeframe.113 The latest national statistics show that naloxone kits given to Reverse Accidental Opiate Overdose: Challenges and Opportunities, 84 J. URB. In the year after the bill was signed into law, naloxone use in South Carolina jumped by 39.7 percent, giving more people around the state access to the life-saving drug.163 Experts emphasize the importance of immunity for prescribers and dispensers because “fear of legal consequences can cause some clinicians to be wary of prescribing and dispensing the medication. Keywords: abuse; access; addiction; drug; health; immunity; indiana; law; laws; liability; medical; naloxone; note; opioid; overdose; pain; prescription; states; supra; supra note; treatment; use
• Appointment of a Receiver Without Notice in Indiana by Kirsh, Steven M. (1979) - Indiana courts soon after the adoption of the receivership statute recognized this consideration: The appointment of a receiver is one of the prerogatives of a court of equity, exercised in aid of its jurisdiction, in order to enable it to accomplish, as far as practicable, complete justice between the parties before it. Another problem which arises under the statute is that it does not define reasonable notice; Indiana courts have taken varying views on this issue. Keywords: appointment; case; co.; court; ind; indiana; johann; law; n.e.2d; notice; order; party; property; receiver; receivership; rights
• Constitutionality of Retroactive Land Statutes — Indiana's Model Dormant Mineral Act by Bubalo, Gregory (1979) - Other states have decisions which either involve exceptions to the standard form of mineral statutes or have applied them only prospectively. Proponents assert that this analogy assures the constitutionality of mineral statutes because, just as adverse possession statutes, mineral acts affect remedies and not substantive rights. Keywords: acts; clause; contract; court; dormant; interests; land; law; mineral; mineral statutes; n.w.2d; note; notice; owner; possession; process; property; remedy; rights; statutes; supra; title; u.s
• Eligibility for Legal Aid: Whom to Help When Unable to Help All by Smurl, James F. (1979) - B. Private but Organized Legal Aid Turning to private but organized forms of legal aid, one finds a very different situation in which, for several different reasons, the criteria of eligibility have had to be more explicit and more suscepti- ble to scrutiny either by boards of directors or by national associa- tions. Indiana Law Review Indiana Lai^ Revie^v Volume 12 1979 Number 3 Eligibility for Legal Aid: Whom to Help When Unable to Help All James F. Smurl* I. Introduction In the face of needs and claims which far outstrip the funds and personnel required to meet them, social agencies always have had to decide how to distribute their inadequate resources in ways which satisfy their sense, if not their criteria, of distributive justice. Keywords: aid; cases; considerations; criteria; eligibility; judgments; justice; law; matter; note; professional; public; rules; services; standards; supra; tests
• Dual Capacity Doctrine: Third-Party Liability of Employer-Manufacturer in Products Liability Litigation by Arthur, Stephen E. (1979) - In addition, the court pointed out that an employer's failure to provide a safe working environment had been a major claim in pre-workmen's compensation cases and was one basis of employer liability which workmen's compensation was designed to eliminate.^^^ The court determined: Allowing a remedy in addition to workmen's compensation for such cases would make substantial, if not devastating, inroads on the Indiana workmen's compensation scheme. 815 (1972) (refusing to extend employer immunity so as to bar plaintiffs intentional tort claim against the carrier for failure to properly supervise and control investigators it hired to conduct a nonmedical investigation of plaintiff-employee's claim for compensation). '' Keywords: action; capacity; compensation; court; doctrine; employer; employment; injury; larson; law; liability; note; products; relationship; supra; supra note; workmen
• State Regulation of Advertising by Investor-Owned Electric Utilities: The Development of Current Standards and Their Constitutional Limits by McMahon, Michael J. (1979) - Indiana Law Review State Regulation of Advertising by Investor-Owned Electric Utilities: The Development of Current Standards and Their Constitutional Limits I. Introduction Since 1970 many states have revised their regulatory policies toward electric utility advertising. This Note will also probe the limits to which electric utility advertising may be constitutionally con- trolled.^2 il. Keywords: advertising; amendment; co.; commercial; commission; consumer; court; electric; gas; law; new; note; power; public; regulation; speech; standard; state; u.s; use; utilities; utility; utility advertising
• Medical Malpractice: Informed Consent to the Locality Rule by Karlson, Henry C. (1979) - Courts must carefully scrutinize this aspect of informed consent in locality rule jurisdictions due to a possible conflict of interest on the part of a physician seeking to re- tain a patient who would be better served outside the locality, where risks are less and the probability of success greater. Obviously, the quality of medical train- ing and the ability to remain current in the field have improved; however, the locality rule is concerned with whether skill and care differ between one type of community and the next and is not con- cerned with whether the overall quality of medical care has improved. Keywords: app; care; cases; consent; court; degree; indiana; knowledge; law; locality; locality rule; malpractice; medical; note; patient; physician; rule; skill; standard; supra; treatment
• Injuries Resulting from Nonintentional Acts in Organized Contact Sports: The Theories of Recovery Available to the Injured Athlete by Spevacek, Charles E. (1979) - Plain- tiff, a quadriplegic, settled out of court for a reported three million dollars. Therefore, if the referee was negligent, the school district must, as a matter of law, respond in damages.*'^^ It is thus apparent that courts today are becoming increasingly willing to subject organized athletics to judicial scrutiny. Keywords: app; conduct; court; football; game; injuries; law; n.e.2d; negligence; participant; plaintiff; player; recovery; risk; safety; sports
• Keeping Third Parties Minor: Political Party Access to Broadcasting by Raphael, Alan (1979) - Although he did not here advocate total repeal of the section, he had previously expressed such a preference on numerous occasions.^^ The network executives have argued that section 315 prevents them from giving major party candidates all the free time the net- works would like to provide.^^ [Karp then discussed the inability of minor parties to monitor broadcasts to discover when major party candidates receive time or whether network broadcasts of the minority parties are be- ing carried on most network affiliates.] Keywords: access; act; broadcasting; campaign; candidates; court; election; law; note; parties; party; party candidates; public; requirement; section; states; stations; television; time; u.s
• The Equal Opportunity Doctrine in Political Broadcasting: Proposed Modifications of the Communications Act of 1934 by McMahan, Lynne M. (1979) - Providing an unqualified candidate access to media time at the special rates permitted for qualified candidates* is in- equitable not only to the licensee and other candidates but to the public as well, which is entitled to a sound basis for decision-making. Chairman Charles Ferris opposed any changes in the treatment of political candidates. Keywords: act; broadcasting; candidate; commission; communications; doctrine; fcc; h.r; law; licensee; news; note; office; opportunities; opportunity; public; radio; section; station; time; use
• Back Matter by Law Review, Indiana (1979) - V. 432 Sills V. Massey-Ferguson, Inc. 409 Simmons, City of El Paso v. 481 Simonds v. Henry 658 Sims V. American Castualty Co. 565 Singer v. Magnavox Co. 100 Skendzel v. Marshall 294 Skinner, State v. 508 Slater v. Baker 673 Slawinski v. J.H. Williams & Co. 226 Sloan, Strickler v. 412 Smith V. Crouse-Hinds Co. 238 Smith, P-M Gas & Wash Co. v. 67 Smith V. State 129, 135, 138, 198 Smith, Transport Motor Express Inc. V. 87, 298 Johnson v. Johnson 298 Johnson v. Taylor Building Corp. 307 Jolley, Inter-City Contractors v. 450 Jones, Breed v. 8 Jones, Pepka Spring Co. v. 338 Jones, State v. 513 Jones V. State 135 Jones, State Highway Com- mission V. 50 Joy Manufacturing Co., Kloberdanz V. 108 K Kaiser v. National Farmers Union Life Insurance Co. 778 Kaiser v. Shannon 278 Keeling v. Board of Zoning Appeals 79 Kelly, Goldberg v. 31 Kent V. United States 1 Kidwell, Great Western United Corp. Keywords: act; aid; antitrust; bank; board; city; co.; commission; corp; court; doctrine; general; inc; indiana; insurance; insurance co.; law; life; page; public; rel; review; state; state board; tax; united; v. state; vol
• Front Matter by Law Review, Indiana (1980) - Workmen's Compensation Stephen E. Arthur 439 A. Arising out of and in the Course of Employment 439 B. Workmen's Compensation—An Exclusive Remedy 444 C. Evidence 447 D. Rights of a Posthumous Unacknowledged Illegitimate Child 453 E. Right to Compensation Under the Act 455 F. Statutory Amendments 458 VI TABLE OF CASES Addington v. Texas, 79 Air-Cel, Inc., Tom Edwards Chevrolet, Inc. v., 149 American Milling Research & Develop- ment Institute, Inc., Coldren v., 386 American National Bank & Trust Co. V. St. Joseph Valley Bank, 117 American Underwriters, Inc., Indiana Insurance Co. v., 286 American United Life Insurance Co. v. Peffley, 263 AMF Beaird, Inc., Hervey v., 29 Anderson, Ashton v., 277 Anderson, Clayton & Co., B&D Corp. v., 70, 71 Anderson, DeHart v., 70 Anonymous Child v. Deceased Father's Employer, 454 Apex Steel & Supply Co., Indiana Department of State Revenue v., 25 Arch V. State, 200 Architects Hartung/Odle/Burke, Inc., Hartung v., 152 Armory v. Delamirie, 366 Armstrong, Travelers Indemnity Co. v., 279 Ashton V. Anderson, 277 Augustine v. First Federal Savings & Loan Association, 73 B Bailey, McAdams v., 426 Barr v. Mateo, 418 Bartholomew County Court, State ex rel Western Parks, Inc. v., 145 B&D Corp. v. Anderson, Clayton & Co., 70, 71 Beemer Enterprises, Indiana Depart- ment of State Revenue v., 24 Bell, State Bank v., 147 Bellin Memorial Hospital, Doe v., 95 Bender v. State ex rel Wareham, 54 Bernacki v. Superior Construction Co., 454 Big Blue River Conservancy District, Knightstown Lake Property Owners Association v., 155, 351 Bituminous Casualty Corp. v. Black & Decker Manufacturing Co., 316 Black & Decker Manufacturing Co., Bituminous Casualty Corp. v., 316 Blake v. Hosford, 348 Blockburger v. United States, 188 Board of Commissioners v. Briggs, 419 Board of Commissioners v. Reynolds, 143 Board of County Commissioners, Smolek v., 361 Board of Education, Brown v., 106 Board of Medical Registration v. Stidd, 51 Board of Regents v. Roth, 49 Board of School Trustees, Indiana Educa- tion Employment Relations Board v., 40 Board of School Trustees of Baugo Com- munity Schools, lEERB v., 311 Board of School Trustees of Worthington-Jefferson Consolidated School Corp. V. lEERB, 307 Board of Trustees v. City of Fort Wayne, 61 Board of Zoning Appeals, Bridge v., 364 Boone County REMC v. Public Service Commission, 41 Borosh V. State, 269 Bortz Elevator Co., Kaletha v., 381 Bowen, International Society for Krishna Consciousness v., 98 Bowyer, Moore v., 364 Boyle-Midway, Inc., Spruill v., 316 Braddock v. Memphis Insurance Corp., 282 Branch, Pepka v., 429 Bridge v. Board of Zoning Appeals, 364 Briggs, Board of Commissioners v., 419 Brooks V. Small Claims Court, 148 Brophy v. Cities Service Co., 140 Brown v. Board of Education, 106 Brown v. Felsen, 394 Brown v. Owen Litho Service, Inc., 157 Bruton v. United States, 198 Bryant v. State, 266 Buchanan v. State, 201 Buggie, Motor Dispatch, Inc. v., 74 1980] TABLE OF CASES Vll Bureau of Motor Vehicles v. Pentecostal House of Prayer, Inc., 92 Burns, Elrod v., 306 Burris v. State, 229 Burton v. L.O. Smith Foundry Products Co., 318 Butner v. United States, 393 Butz V. Economou, 416 Cahalan, Walker v., 405 Cain, Continental Enterprises, Inc. v., 357 Calhoun v. Hillenbrand Industries, 301 California Department of Human Resources Development v. Java, 47, 296 California, Faretta v., 190 Cambist Films, Inc. v. Duggan, 404 Campbell v. Campbell, 59, 67, 220 Campbell, Grecco v., 62 Cannon, Kennedy v., 400 Capital Improvement Board v. Public Service Commission, 41, 45 Carlson, Green v., 61 Carolina Casualty Insurance Co., Ryder Truck Lines, Inc. v., 285 Carsten, In re Estate of Maloney v., 429 Carter v. State, 197 Cartwright, Johnston v., 400 Central Teaming & Construction Co., Childers v., 440 Chambers v. Mississippi, 257 Chambers Gasket & Manufacturing Co., Uniroyal, Inc. v.. Ill Chaney, Potter v., 159 Chapman, Ortho Pharmaceutical Corp. v., 78, 313 Chasen, Schein v., 134 C.H., D.M. v., 252 Cheathem v. City of Evansville, 71 Childers v. Central Teaming & Con- struction Co., 440 Churchwell v. Coller & Stone Building Co., 348 CIBA Pharmaceutical Products, Inc. v. State Tax Commission, 29 Cities Service Co., Brophy v., 140 Citizenis Energy Coalition v. Sendak, 96 Citizens National Bank v. Mid-States Development Co., 377 City Investing Co. vn Simcox, 168 City of Akron v. Hardgrove Enterprises, 150 City of Carmel, English v., 363 City of Evansville, Cheathem v., 71 City of Evansville v. Southern Indiana Gas & Electric Co., 39 City of Fort Wayne, Board of Trustees v., 61 City of Indianapolis v. Indiana State Board of Tax Commissioners, 61 City of Kokomo, Morris v., 49, 305 City of Michigan City, Elwell v., 445 Clairol, Inc. v. Kingsley, 29 Clark Equipment Co., Posey v., 319 Clark, Harris v., 32 Clark V. State, 194 Clow Corp. V. Ross Township School Corp., 395 Coldren v. American Milling Research & Development Institute, Inc., 386 Coller & Stoner Building Co., Churchwell v., 348 Commonwealth v. Reynolds, 274 Continental Enterprises, Inc. v. Cain, 357 Cornish, Sterling Drugs, Inc. v., 323 Cottingham v. State, 193 Cox, State v., 385 Craft, Memphis Light, Gas & Water Division v., 64 Cressy v. Shannon Continental Corp., 150- Crocker v. State, 74 C.T.S. Corp. [Vol. 13:vi Prell V. Trustees of Baird & Warner Mortgage & Realty Investors, 373 Probst, Morsches Lumber, Inc. v., 289 Professional Building Service Corp., Drost v., 80 Protective Insurance Co. v. Steuber, 87 Public Service Commission, Boone County REMC v., 41 Public Service Commission, Capital Improvement Board v., 41, 45 Public Service Commission, Johnson County REMC v., 41 Puckett V. McKinney, 69 Puckett V. Miller, 76 Q Quilloin v. Walcott, 216 R Raben, McClure v., 425 Rankin, State v., 71 R.A.R., L.F.R. v., 251 Redhail, Zablocki v., 249 Redman, State v., 274 Rees V. Panhandle Eastern Pipe Line Co., 80 Regan, Kratkoczki v., 365 Reliable Loans, Inc., Dixon v., 148 Renforth v. Fayette Memorial Hospital Association, 95 Review Board of Indiana Employment Security Division, Osborn v., 299 Review Board of Indiana Employment Security Division, Wilson v., 45, 60, 295 Review Board of Indiana Employment Division, Wolfe v., 298 Reyes v. Wyeth Laboratories, 317 Reynolds, Board of Commissioners v., 143 Reynolds, Commonwealth v., 274 Reynolds v. Meehan, 86 Richards v. Goerg Boat & Motors, Inc., 110 Richardson v. State, 74 Robb V. Metropolitan Life Insurance Co., 293 Roberts v. State, 208 Rod Johnson Farm Service, Inc., Parker v., 108 Rogers v. State, 195 Rollins Leasing Corp., Transport Indemnity Co. v., 287 Rose, Givens v., 432 Ross V. Schubert, 446 Ross V. State, 193, 338 Ross Township School Corp., Clow Corp, v., 395 Roth, Board of Regents v., 49 Russell V. State, 190 Ryder Truck Lines, Inc. v. Carolina Casualty Insurance Co., 285 Savage v. Savage, 241 Schaffer, In re Estate of Brown v., 429 Schein v. Chasen, 134 Schmal v. Ernst, 83 Schoulton, C.T.S. Corp. v., 260, 447 Schubert, Ross v., 446 Schultz, Weaver v. 428 Seaton v. United States Rubber Co., 447 Self, Tarrant v., 345 Sendak, Citizens Energy Coalition v., 96 Serrano v. State, 201 Seymour National Bank v. State, 52 Shaffer v. Heitner, 57, 391 Shannon Continental Corp., Cressy v., 150 Shapiro Corp., Madison Plaza, Inc. v., 347 Sheller-GIobe Corp., Parks v., 440 Sherbet v. Verner, 93 Shevin, Fuentes v., 48 Simcox, City Investing Co. v., 168 Sims V. State, 196 Skendzel v. Marshall, 351, 369, 374 Skinner v. State, 199 Slinkard, Griffith v., 399 Small Claims Court, Brooks v., 148 Smith Kline & French Laboratories v. State Tax Commission, 28 Smith, P-M Gas & Wash Co. v., 81 Smolek v. Board of County Commissioners, 361 South Bend Department of Redevelop- ment, Hawley v., 41, 52 Southern Indiana Gas & Electric Co., City of Evansville v., 39 Speedway Board of Zoning Appeals v. Popcheff, 362 Spruill V. Boyle-Midway, Inc., 316 Stanley v. Illinois, 215 Stapinski v. Walsh Construction Co., 320 1980] TABLE OF CASES Xlll Starke County Farm Bureau, Gumz v., 72 Star Stations, Indiana Broadcasting Corp. v., 354 State, Arch v., 200 State Bank v. Bell. Keywords: a.b; bank; board; city; co.; co. v.; corp; department; inc; indiana; indiana university; insurance; j.d; law; new; professor; rel; review; school; service; state; state v.; united; university
• Foreword: Indiana Taxation by Weinstein, Marc S. (1980) - Id. §§ 7.1-4-3-5, -4-6. ''Id. §§ 7.1-2-3-1 to -31 (1976 & Supp. 1979). ^Id. Authority for promulgation of these rules and regulations is found in id. §§ 7.1-4-6-3.6, -2-8.1 (1976 & Supp. 1979). Keywords: code; county; court; decedent; department; division; exemption; fuel; income; income tax; indiana; inheritance; law; n.e.2d; property; property tax; revenue; sales; section; state; supp; supra; tax; taxes; taxpayer; use
• Corporations by Galanti, Paul J. (1980) - ''Id. §§ 23-1-13-1 to -11 (1976) (General Professional); id. §§ 23-1-13.5-1 to -6 (1976) (Professional Accounting); id. §§ 23-1-14-1 to -21 (1976 & Supp. 1979) (Professional Medical); id. §§ 23-1-15-1 to -21 (1976) (Professional Dental). ^/(t § 34-1-60-1 (1976). For a general discussion of when the corporate veil will be pierced, see H. Henn, supra note 19, § 146-149; 1, 2 G. Hornstein, supra note 19, §§ 31, at 751-59; Hamilton, The Corporate Entity, 49 Tex. Keywords: act; app; articles; board; code; corporation; corporation act; court; directors; f.2d; inc; indiana; indiana act; information; law; n.e.2d; new; note; offer; rev; section; securities; shareholders; shares; state; supp; takeover; tender; u.s
• Criminal Law and Procedure by Raphael, Alan (1980) - L. No. 292 allows trial courts to set appeal bonds at their discretion except when the conviction was for a Class A felony or for a non- suspendible offense under Ind. Code § 35-50-2-2 (Supp. 1979). Trial courts have been stripped of their discretionary authority to allow persons convicted of serious crimes to be free on recognizance pending sentencing or appeal. Keywords: app; code; court; crime; defendant; evidence; ind; indiana; law; n.e.2d; state; statute; supp; trial; u.s
• Evidence by Karlson, Henry C. (1980) - ^*Professor Seidman in his text on Indiana evidence wrote: Fortunately, the existing exceptions to the hearsay rule have not been frozen in place for all time either in Indiana or in the federal courts. In a prosecution for a sex crime as defined in [Ind. Code §] 35-42-4, evidence of the victim's past sexual conduct, evidence of the past sexual conduct of a witness other than the accused, opinion evidence of the victim's past sexual conduct, opinion evidence of the past sexual conduct of a witness other than the accused, reputation evidence of the victim's past sexual conduct, and reputation evidence of the past sexual conduct of a witness other than the ac- cused may not be admitted, nor may reference be made to this evidence in the presence of the jury, except as provided in this chapter. Keywords: court; defendant; evidence; ind; indiana; law; n.e.2d; rule; state; statements; testimony; trial; witness
• Professional Responsibility by Bubalo, Gregory (1980) - * For instance, the respondent had demon- strated a pattern of irrational outbursts in court as well as a tendency to publicly insult his opponents.^ Crumpacker had exclaimed to one opposing counsel, You snake son-of-a-bitch, that leaves but one thing for me to do, to go down and load up both barrels of my gun, and I'll getcha.^ To hold otherwise, would suggest an unconstitutional invasion into this Court's constitutional authority and would allow the unreasonable consequence of placing the power to grant im- munity in a local prosecutor and court which might vitiate the constitutional mandate of this Court in disciplinary mat- ters.^^ trary to public interest, the witness shall comply with the order of the court. Keywords: attorney; client; conduct; court; disciplinary; indiana; law; n.e.2d; petitioner; professional; reinstatement; respondent
• Secured Transactions and Creditors' Rights by Townsend, R. Bruce (1980) - The statute, however, should be clarified by amendment to make certain that automatic entry is not required. 'See Ind. Code § 34-1-36-6 (1976). '^378 N.E.2d 870 (Ind. Ct. App. 1978). '^'In this case A, the owner of a patent and licensing agreement with C, was sued by B, who recovered judgment and who purchased the patent and licensing agreement. See Ind. Code § 24-4.5-3-105 (Supp. 1979). Keywords: app; bank; case; co.; code; court; creditor; debtor; ind; indiana; interest; judgment; law; lien; n.e.2d; notice; owner; property; security; state; subcontractor; supp
• Torts by Ratner, Gary A. (1980) - By clearly grounding Foster in quasi-judicial immunity, however, the court also gives significant strength to judicial immunity itself. It is, however, in the case which reaches trial that the Imbler opinion, its general remarks to one side, is most pertinent, and where its speci- fic rationale for quasi-judicial absolute prosecutorial immunity weighs most heavily. Keywords: case; court; criminal; foster; imbler; immunity; indiana; information; law; prosecutor; public; trial
• Front Matter by Law Review, Indiana (1980) - B.S., University of Nebraska, 196U; J.D., 1966; LL.M., New York University, 1971 Edward P. Archer, Professor. A.B., Beloit College, 1956; J.D., University of Michigan, 1959; M.B.A., 1960; LL.M., New York University, 1963. Keywords: a.b; associate; b.s; college; guide; indiana; j.d; law; new; professor; solar; university
• Back Matter by Law Review, Indiana (1980) - You get full text of Supreme Court decisions and select lower court opinions. Brings you full text and digests of Su- preme Court opinions on the day they're handed down. Keywords: courts; law; supreme; text
• Front Matter by Law Review, Indiana (1980) - © 1980, The Bobbs-Merrill Company, Inc. *Plus shipping, handling and tax where applicable (This is student price) MICHIE BOBBSMERRILL Law Publishing^ P O Box 7587 Charlottesville, Virginia 22906 Indiana Laiiv Revieiv Volume 13 1980 Number 3 Copyright © 1980 by the Trustees of Indiana University Articles Identification of Goods and Casualty to Identified Goods Under Article Two of the UCC Rhonda R. Rivera 637 Extraterritorial Expropriations Clyde H. Crockett 655 Computer Crime: The Law in *80 Michael Gemignani 681 Comment Trial Advocate Competency The Honorable Robert H. Staton 725 Notes Examining the Policies for Applying the Criminal Defendant Privilege to Removal Actions 747 The Bankruptcy Code of 1978 and Its Effect Upon Tenancies by the Entireties 761 The Efficiency of Liberalizing Branch Banking in Indiana 799 Case Note Navigational Servitude — Taking of Property Under the Fifth Amendment 819 Volume 13 April 1980 Number 3 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published four times yearly, January, March, April, and June, by the Indiana University School of Law — Indianapolis, which assumes complete editorial responsibility therefor. B.S., Indiana University, 1942; J.D., 1964. Keywords: a.b; advocacy; associate; b.s; college; guide; indiana; indiana university; j.d; law; new; professor; university
• Clarifying Viewpoint Discrimination in Free Speech Doctrine by Kelso, R. Randall (2019) - This applies not only to core examples of government speech, such as government public service announcements,22 but also, as stated in Rosenberger, citing an earlier case, Rust v. Sullivan, “when the government appropriates public funds to promote a particular policy of its own. Faced with the logical absurdity of this position, as noted by dissenting Justices in Rust, id. at 207-11 (Blackmun, J., joined by Marshall & Stevens, JJ., dissenting), the majority in Rosenberger properly reconceptualized the Rust holding to make it consistent with standard free speech doctrine by acknowledging that Rust involved viewpoint discrimination, but that is was constitutional as an example of government speech. Keywords: action; amendment; analysis; burden; cases; cir; city; commercial; constitutional; content; court; discrimination; forum; free; government; government speech; holding; interest; intermediate; justice; kelso; law; law review; matter; nonpublic; notes; public; reasonableness; regulation; review; school; scrutiny; speech; speech cases; speech doctrine; speech review; standard; state; student; subject; supra; test; text; u.s; viewpoint; viewpoint discrimination
• Boilerplate: What Consumers Actually Think About It by Snyder, Franklin G.; Mirabito, Ann M. (2019) - We know that she will ignore the terms, yet enforceability of contract terms under both current law and the proposed new Restatement of Consumer Contracts9 will depend on whether the consumer had the opportunity to read the terms—or, more accurately, opportunity to ignore them—before the purchase is made.10 But is that opportunity of any value to consumers? The authors pursue a wide range of variables but find no situation in which any significant number of buyers spend any significant amount of time looking at contract terms. Keywords: company; computer; consumer; contract; law; note; purchase; refund; shrinkwrap; standard; terms
• Public Business Is the Public's Business: Koch's Implications for Indiana's Access to Public Records Act by Abshire, Courtney (2019) - Exempt Email Correspondence Between Representatives and Constituents from Disclosure.—The Indiana General Assembly could also enact a statute, either in APRA or in Title 2 of the Indiana Code, which designates email communication or other correspondence sent and received by General Assembly members or their staff as legislative work product in order to protect constituent privacy, a concern raised in the past by legislators.182 Delaware’s Freedom of Information Act exempts “[e]mails received or sent by members of the Delaware General Assembly or their staff” from public record.183 Title 2 of the Indiana Code already contains one reference to the legislative work product exemption: a legislative work product definition regarding electronic maps.184 The Indiana Supreme Court has held that APRA applies to the General Assembly. Keywords: access; apra; assembly; court; general; house; indiana; koch; law; legislative; product; public; records; review; work; work product
• Extraterritorial Expropriations by Crockett, Clyde H. (1980) - Development of the Territorial Limitation in the American Courts The extraterritorial exception had its genesis in the United States in a series of New York state court cases involving the early nationalization programs of the government of Soviet Russia. In other words, the case turned upon the principle that a treaty took precedence over state law and policy.*^ In 1939, in Moscow Fire Insurance Co. v. Bank of New York & Trust Co.,^^ the New York Court of Appeals dealt with an issue similar to that presented in Belmont. Keywords: act; american; court; expropriation; foreign; law; policy; property; public; state; state doctrine; united states
• A Bipartisan Policy for Democracy: Why Automatic Voter Registration Is Right for Indiana by Hyde, Elizabeth M. (2019) - Though many factors affect turnout, such as the method of voting and voting dates and times, registration is one key issue, as it is a prerequisite to voting in the United States.18 And voter registration has been a hotly contested issue in recent memory.19 Congress affirmed the importance of voter registration in the National Voter Registration Act of 1993, commonly known as the “Motor Voter Act”30 due to its requirement that voters be offered registration forms when applying for a driver’s license.31 Most voter registration policies and procedures are left to the states, as “[s]tates can within limits specify the qualifications of voters in both state and federal elections; the Constitution indeed makes voters’ qualifications rest on state law even in federal elections. Keywords: age; bill; citizens; democracy; election; indiana; individuals; law; motor; new; note; registration; rights; secretary; state; supra; turnout; vehicles; voter; voter registration; voting
• Location, Location, Location: How the ACCA's Categorical Approach Produces Vast Sentencing Discrepancies, and Why the Sentencing Guidelines Should Replace It by Roach, Haley E. (2019) - But the ACCA is different—it is a federal law passed by Congress to apply to “armed career criminals” committing “violent felonies” from all jurisdictions, requiring federal sentencing courts to determine which defendants qualify as “armed career criminals” based upon criminal records full of state crimes.13 See generally United States v. Perry, 862 F.3d 620 (7th Cir. 2017); United States v. Reyes-Ochoa, 861 F.3d 582 (5th Cir. 2017); United States v. Lobaton-Andrade, 861 F.3d 538 (5th Cir. 2017); United States v. Phillips, 853 F.3d 432 (8th Cir. 2017); United States v. Quarles, 850 F.3d 836 (6th Cir. 2017); United States v. Lamb, 847 F. 3d 928 (8th Cir. 2017); United States v. Nicholas, No. 16-3043, 686 F. App’x 570 (10th Cir. 2017); United States v. Taylor, 843 F.3d 1215 (10th Cir. 2016); United States v. Doctor, 842 F.3d 306 (4th Cir. 2016); United States v. Haney, 840 F.3d 472 (7th Cir. 2016); United States v. Ritchey, 840 F.3d 310 (6th Cir. 2016); United States v. White, 836 F.3d 437 (4th Cir. 2016). Keywords: acca; burglary; career; cir; court; crime; criminal; guidelines; law; location; sentence; sentencing; states; taylor; u.s; united; united states
• The Shortcomings of Regulation Through Litigation in Biotechnology by Waite, Amy (2019) - Syngenta began marketing its biotech product, MIR162 corn,4 to U.S. farmers in 2011 following U.S. regulatory approval of the biotech corn seed in 2010.5 U.S. farmers planted the seed across the country, and after harvest, the corn containing MIR162 was eventually comingled with other U.S. corn to be exported to China.6 In 2013, China received corn containing the MIR162 trait, and China subsequently rejected the shipment along with all other future shipments of U.S. corn.7 China claimed to reject the corn because the Chinese Ministry of Agriculture had not yet approved MIR162.8 Following the loss of the Chinese export market, U.S. corn prices plummeted.9 Part IV of this Note argues that reliance on class action litigation as a means of GMO regulation has three fundamental flaws. Keywords: action; approvals; biotechnology; cartagena; class; corn; farmers; gmo; goeringer; international; law; litigation; organization; plant; product; protocol; regulation; regulatory; states; supra note; syngenta; trade; u.s; united
• Computer Crime: The Law in '80 by Gemignani, Michael (1980) - Computer programs can, of course, be both long and complex;^^ they may take months, or even years, to write and debug.^^ ^''Although the Copyright Office accepts computer programs for copyright under a general policy of accepting anything for registration that might be copyrightable, there is a serious question whether such a copyright would hold up if challenged. Keywords: abuse; ann; code; computer; computer crime; computer system; crime; data; federal; indiana; law; note; program; property; secret; state; statute; supp; supra; system; theft; thommen; trade; use; value
• Trial Advocate Competency by Staton, Robert H. (1980) - TRIAL ADVOCATE COMPETENCY 741 second: legal educators can and should develop some system whereby students or new graduates who have selected, even tentatively, specialization in trial work can learn its essence under the tutelage of experts, not by trial and error at clients' expense; and third: ethics, manners and civility in the courtroom are essential ingredients and the lubricants of the inherently contentious adversary system of justice; they must be understood and developed by law students begin- ning in law school.^^ The Clare Report recommended that trial advocates be separately admitted to federal practice and proposed admission rules to federal district courts and to the Second Circuit Court of Appeals.^® Study in the following areas of law was suggested as a requirement for ad- mission to federal district courts: evidence, civil procedure, criminal law and procedure, professional responsibility, and trial advocacy .^^ TRIAL ADVOCATE COMPETENCY 735 Chief Justice Richard M. Givan wrote: [I]t was clear that our Court might be certifying persons to practice law in Indiana and for the federal judiciary in Indiana, who were not, in fact, prepared to give the effective legal assistance to their clients who were en- titled—whether in civil or criminal matters or cases. Keywords: advocate; bar; competency; court; credit; hours; indiana; law; law school; practice; rule; semester; state; trial
• The Bankruptcy Code of 1978 and Its Effect Upon Tenancies by the Entireties by Wenzel, Mark R. (1980) - Resolution of this problem requires an examination of the new Code's interest test to discover whether entireties property becomes a part of that estate. BACKGROUND An analysis of the effects of the Code upon entireties property must begin with section 522 of the Bankruptcy Reform Act of 1978.^ Keywords: bankruptcy; bankruptcy estate; code; debtor; entireties estate; entireties property; estate; ind; indiana; individual; interest; law; note; section; spouse; supra; supra note
• Constitutional Law by Marsh, William E. (1976) - 1, section 12, of the Indiana Constitution. 1976] SURVEY—CONSTITUTIONAL LAW 135 The Seventh Circuit did not agree with the analysis of the Indiana Supreme Court, but reached the same conclusion on the basis of a Utah case which was appealed to the United States Supreme Court/' The Utah court upheld the guest statute and the appeal was dismissed for want of a substantial federal question. At least, state officials who have been very vocal in their dissatisfaction with federal regulations in recent years will be given new confidence to challenge these regulations in litigation in federal court. Keywords: case; classification; constitution; court; indiana; justice; law; n.e.2d; power; protection; states; statute; supreme; u.s
• Back Matter by Law Review, Indiana (1980) - 812/336-6686 If you practice criminal law, you need . . - The CRIMINAL LAW REPORTER V - BNA's all-in-one-place, authoritative information service that • alerts you to all major changes in criminal law • cuts down on your reading load • saves you time for the actual practice of law BNA's CRIMINAL LAW REPORTER covers everything in the fast-changing criminal law field from interpretation and application of existing criminal law as reflected in the opinions and proceedings of courts at every level ... to formu- lation of new legislation . . . Keywords: criminal; law; reporter
• A Conspectus of Manufacturers' Liability for Products by Wade, John W. (1977) - The Indiana General Assembly had before it two bills which would have set a statute of limitations in products liability cases, but the provisions were not passed. Much of the material in the symposium is devoted to this issue and that is in- dicative of the fact that the problem of how to handle plaintiffs fault is the most pressing problem in the current state of the law of products liability. Keywords: cases; law; liability; manufacturer; negligence; plaintiff; product; tort; warranty
• The Highly Blameworthy Manufacturer: Implications on Rules of Liability and Defense in Products Liability Actions by Owen, David G. (1977) - 'While the negligence theory of liability is of course predicated on a form of blameworthiness, this article will discuss the effects of aggravated fault on other rules of liability and defense in products liability cases. 1977] PRODUCTS LIABILITY 779 At least in products liability cases, however, cause in fact ques- tions are usually of a different type. Keywords: cases; causation; cause; damages; defendant; defense; law; liability; manufacturer; misconduct; negligence; note; plaintiff; products; products liability; risk; rules; supra; tort
• The Use and Abuse of Comparative Negligence in Products Liability by Twerski, Aaron D. (1977) - In this type of case, I believe that the analogy is very close to Bahlman: plaintiffs negligence should not enter at all into the pro- duct liability action even under the guise of comparative negligence. Plaintiffs car overturned as a result of his negligent driving and his head was cut by the jagged edges of the seam. Keywords: car; case; co.; collision; contributory; court; damages; defendant; fault; general; injuries; law; liability; negligence; plaintiff; product; product liability; recovery; rev; risk
• Products Liability in Indiana: In Search of a Standard for Strict Liability in Tort by Vargo, John F. (1977) - I do not believe that products liability cases based on strict tort liability should be 'strictly construed and nar- rowly applied' any more than products liability cases based on negligence, express warranty, or implied warranty. The diverse viewpoints expressed about various controversial aspects of products liability law made it apparent that products liability, especially in the area of strict liability in tort, is still undeveloped and highly controversial. Keywords: cases; co.; court; f.2d; indiana; judge; law; liability; manufacturer; n.e.2d; negligence; plaintiff; product; risk; tort; use
• Introduction by Law Review, Indiana (1977) - Indiana Law Review Indiana JLa'w Revieiiv Volume 10 1977 Number 4 SYMPOSIUM 1977 PRODUCTS LIABILITY INSTITUTE Introduction On March 11 and 12, 1977, the Indiana Continuing Legal Educa- tion Forum, in cooperation with the Indiana State Bar Association and the Indiana University School of Law — Indianapolis, presented a Products Liability Institute in Indianapolis. Pro- fessor Thomas F. Lambert, Jr., who is the Editor-in-Chief of the American Trial Lawyers Association Newsletter and teaches at Suf- folk University Law School, gave an insightful overview of the sub- ject for the participants. Keywords: law; symposium
• Front Matter by Law Review, Indiana (1980) - © 1980, The Bobbs-Merrill Company, Inc. Plus shipping, handling and tax where applicable (This is student price) MKZHIE BOBBSMERRILL Law Publishing^ P O Box 7587 Charlottesville, Virginia 22906 Indiana Lai^ Revieiv Volume 13 1980 Number 4 Copyright © 1980 by the Trustees of Indiana University Articles Congressional Response to Zurcher v. Stanford Daily Senator Birch Bayh 835 Double Jeopardy Protection — Illusion or Reality? Susanah M. Mead 863 Corporate Officers Beware — Your Signature on a Negotiable Instrument May Be Hazardous to Your Economic Health Tom L. Holland 893 Notes The Constitutionality of the Federal Surface Mining Control and Reclamation Act of 1977 923 The Proper Standard to Apply Under Indiana Trial Rule 41(B): Motion for Involuntary Dimissal 969 Double Jeopardy and the Rule Against Punitive Damages of Taber v. Hutson 999 Case Note Evidence — Adoption of the Silent Witness Theory — Bergner v. State 1025 Volume 13 June 1980 Number 4 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published four times yearly, January, March, April, and June, by the Indiana University School of Law — Indianapolis, which assumes complete editorial responsibility therefor. B.S., Indiana University, 1942; J.D., 1964. Keywords: a.b; associate; b.s; college; guide; indiana; indiana university; j.d; law; professor; university
• Congressional Response to Zurcher v. Stanford Daily by Bayh, Birch (1980) - First, it is argued that search war- rant powers are not abused and the number of third party searches is extremely low; therefore, it is foolish to pass legislation which would purport to solve a problem which does not exist. If law enforcement authorities resort to third party searches only rarely (and it is my position that it is only since Warden v. Hayden^^ that searches of third parties have become a significant possibility) and if the number of cases which would be affected by the bill is relatively insignificant, it is a fair question to ask why district at- torneys and the Department of Justice have registered such strong opposition to third party protections under S. 1790.*^ They will reply that it is because a subpoena-first rule will create serious obstacles to effective law enforcement. Keywords: amendment; court; daily; evidence; justice; law; parties; police; search; searches; stanford; stanford daily; states; subpoena; u.s; united; warrant
• The Constitutionality of the Federal Surface Mining Control and Reclamation Act of 1977 by Petterson, R. Russell (1980) - ^he Surface Mining Act went through a six-year evolutionary process, emerging as a fine-tuned legislative enactment. These provisions establish, among other things, an Office of Surface Mining Reclama- tion and Enforcement,^ a federal aid program to the states for mineral resource research,^^ a program for the reclamation of aban- doned mines which have been unsatisfactorily reclaimed,^^ explicit regulations for all surface mining of coal,^^ regulations for underground mining which affects the surface,^^ the means by which certain lands may be designated as totally unsuitable for surface mining,^^ and the opportunity for individual states to adopt the Sur- face Mining Act or its equivalent.^* Assertions of constitutional infractions concentrate on Title V, the heart of the Act, which deals with the regulation of surface coal mining. Keywords: amendment; cities; coal; coal mining; commerce; court; federal; indiana; land; law; league; mining act; national; power; property; provisions; public; state; supp; supra; surface mining; taking; text; u.s; virginia; virginia surface
• Back Matter by Law Review, Indiana (1980) - [Vol. 13 Page Indiana State University Board of Trustees, Lynch v. 93 Indiana University, Podgor v. 39, 50 Indianapolis Power & Light Co., L.S. Ayres & Co. v. 39 Indianapolis Raceway Park, Inc. v. Curtiss 382 Industrial Board, Gibson v. 456 Ingle V. State 205 Inman v. State 272, 889 Innkeepers of New Castle, Inc. State V. 355 V. 902 DeHart v. Anderson 70, 556 Delamirie, Armory v. 366 Delaney v. Fidelity Lease Ltd. 508 Delaware County v. Powell 79 Department of Financial Institu- tions, Albion National Bank v. 806 Department of Financial Institu- tions V. Colonial Bank & Trust Co. 815 Department of Financial Institu- tions, Pendleton Banking Co. v. 805 Department of Financial Institu- tions V. State Bank of Lizton 41 Department of Financial Institu- tions V. Wayne Bank & Trust Co. 813 Deprez v. State 550, 559 Desmond v. Kramer 588 Diamond v. Oreamuno 134 Dias V. Daisy-Heddon 321 Dixon V. Reliable Loans, Inc. 148 D.M. V. C.H. 252 Doe V. Bellin Memorial Hospital 95 Doyle, Mount Healthy City School District Board of Educa- tion, V. 306, 308 Dragon v. State 889 Draper v. Minneapolis-Moline, Inc. 645 Drost V. Professional Building Service Corp. 80 Vol. 13] TABLE OF CASES IX Page Drury v. Cox 535 Duckworth, Helms v. 153 Duggan, Cambist Films, Inc. v. 404 Duncanson v. State 1051 Durke v. State 1018 Echterling v. Kalvaitis 361 Economou, Butz v. 416 Edgar, Steve M. Solomon Jr., Inc. Keywords: act; bank; board; city; co.; commissioner; corp; county; court; criminal; department; development; evidence; federal; general; inc; indiana; insurance; insurance co.; law; national; new; page; rel; revenue; review; rule; service; state; tax; trial; trust; trust co.; united; united states; v. united; vol
• Front Matter by Law Review, Indiana (1980) - Van Bibber v., 496, 497 Northern Indiana Public Service Co., In- diana Forge & Machine Co. v., 76, 79 Northern Indiana Public Service Co., Petroski v., 46, 63 Northern Indiana Steel Supply Co., In- diana Department of State Revenue v., 532 Northern Indiana Transit, Inc. v. Burk, 550 Novy, Continental Casualty Co. v., 182 o Oberlin v. Marlin American Corp., 108, 160 Odd Fellows' Mutual Aid Association v. Sweetser, 406 Oklahoma, Broadrick v., 201 Old State Utility Corp. v. Greenbriar Development Corp., 71 Organization of Foster Families, Smith v., 220 Orient Insurance Co. v. Kaptur, 408 Ortho Pharmaceutical Corp. v. Chapman, 32 Osborne, Osborne v., 346 Osborne v. Osborne, 346 Owen V. State, 373 Owens, Indiana Bell Telephone Co. v., 573 Owens, Owens v., 335 Owens V. Owens, 335 Factor, Factor v., 348 Factor v. Factor, 348 Palmer, State v., 265 Pappas, Puzich v., 125 Paris Adult Theatre I v. Slaton, 198, 289 Park 100 Development Co. v. Indiana Department of State Revenue, 524 Parker v. State, 82, 205 Parkinson, Zeigler Building Materials, Inc. v., 520 Pathman Construction Co. v. Drum-Co Engineering Corp., 145, 162 Pavone v. State, 376 Payroll Check Cashing v. New Palestine Bank, 240 Peachey v. Boswell, 200 Pearlman, Meier v., 451 Pearson v. Winfield, 107 Peck V. Ford Motor Company, 40, 548 Penn-Dixie Steel Corp. v. Savage, 66, 70, 572 Peoples Bank & Trust Co. v. Stock, 556 Perez v. United States Steel Corp., 571 Perfection Paint & Color Co. v. Konduris, 21,28 Permacel Tape Corp., Donahue v., 481 Perrello, In re, 436, 440 Perschke, Sebasty v., 225 Peru Community School Building Corp., Construction Associates v., 153 Peterson v. Culver Educational Founda- tion, 154 Petroski v. Northern Indiana Public Ser- vice Co., 46, 63 Pillars V. State, 269, 282 Pilotte, Brummett v., 478 Piskorowski v. Shell Oil Co., 482 P.J.T., Buck v., 147, 356 Plaza Realty Investors v. Bailey, 101 P-M Gas & Wash Co. v. Smith, 173, 177 Polak, Hurt v., 168 Pollard V. Saxe & Yolles Development Co., 233 Pontius V. Kimble, 561 Posey V. Clark Equipment Co., 31 Powell, Delaware County v., 140 Prestige Casualty Co. v. Mashburn, 382 Price, State Farm Mutual Automobile Insurance Co. v., 391 Probst, Morsches Lumber, Inc. v., 397 Prudential Insurance Co. of America v. Smith, 391 Public Service Co., Kentucky-Indiana Municipal Power Association v., 185 Public Service Co. of Indiana, Hedges v., 46.62 Public Service Commission, Scott Paper Co. v., 185 Purcell V. English, 483, 545 19811 TABLE OF CASES XV Purdue National Bank, Insurance Co. of North America v., 240, 243 Puzich V. Pappas, 125 R Rakas v. Illinois, 214 RCA Corp., Indiana Department of State Revenue v., 534 R.D.S. V. S.L.S., 355 Rector v. State, 448 Redmon, State v., 270 Reidenbach v. Board of School Trustees, 78, 430 Renfrew, Doe v., 214 Review Board of the Indiana Employment Security Division, Addison v., 85 Review Board of Indiana Employment Security Division, Geckler v., 207 Review Board of Indiana Employment Security Division, Kuntz v., 66 Review Board of Indiana Employment Security Division, Thomas v., 206 Revord v. Russell, 563 Ridner, Neill v., 357 Riggins V. Sadowsky, 505 Riggle, Modlin v., 302 Riley, In re, 444 Rising Sun State Bank v. Fessler, 295, 518 Robert Hall Clothes, Inc., Cooper v., 569 Roberts, Evansville-Vanderburgh School Corp. v., 422 Robinson v. State. Harmon, 567 Indiana & Michigan Electric Co., Citizens Energy Coalition, Inc. v., 65 Indiana & Michigan Electric Co., Holding v., 471 Indiana Bell Telephone Co. v. Owens, 573 Indiana Civil Rights Commission v. Suther- land Lumber, 210 Indiana Department of Revenue v. Glen- dale-Glenbrook Associates, 524 Indiana Department of Revenue v. Kim- berly-Clark Corp., 538 Indiana Department of Revenue v. Water- filed [sic] Mortgage Co., 533 Indiana Department of State Revenue v. American Dairy, Inc., 534 Indiana Department of State Revenue v. Colpaert Realty Corp., 532 Indiana Department of State Revenue v. Continental Steel Corp., 538 Indiana Department of State Revenue v. Endress & Hauser, Inc., 526 Indiana Department of State Revenue v. Food Marketing Corp., 531 Indiana Department of State Revenue v. Harrison Steel Castings Co., 534 Indiana Department of State Revenue v. Martin Marietta Corp., 538 Indiana Department of State Revenue v. Northern Indiana Steel Supply Co., 532 Indiana Department of State Revenue, Park 100 Development Co. v., 524 Indiana Department of State Revenue v. RCA Corp., 534 Indiana Environmental Management Board v. Indiana-Kentucky Electric Corp., 68, 78 Indiana Forge & Machine Co. v. Northern Indiana Public Service Co., 76, 79 Indiana Gas Co., Wilfong v., 66 Indiana Insurance Co. v. Ivers, 393 Indiana-Kentucky Electric Corp., Indiana Environmental Management Board v., 68,78 Indiana National Corp. v. Faco, Inc., 238 Indiana State University Board of Trust- ees, Eichman v., 221 Xll INDIANA LAW REVIEW (Vol. 14: Keywords: a.b; american; bank; board; city; clark; co.; co. v.; corp; county; department; inc; indiana; indiana department; indiana state; indiana university; insurance; insurance co.; j.d; law; life; national; professor; rel; revenue; review; school; smith; state; state v.; university; v. indiana
• Foreword: Products Liability by Leibman, Jordan H. (1980) - [Vol. 14:1 employer and product manufacturer based on comparative fault principles, would appear to be a development which is likely to be seriously considered by the courts or legislature^** in Indiana in the not too distant future/ B. Open and Obvious Dangers The court in Bemis Co. v. Rubush^^ stated the open and the obvious rule, as recited by Indiana courts and the Seventh Circuit Court of Appeals, sitting in diversity, as follows: The court based its only one factor interpretation on research which revealed that Indiana courts, beginning with J.I. Case Co. v. Sandefur,*^ have recited the open and obvious danger rule only in connection with the duty to warn where latent defects exist. Keywords: accident; app; cause; co.; court; danger; defect; defendant; duty; employer; ind; indiana; indiana law; injury; jury; law; liability; manufacturer; misuse; n.e.2d; negligence; plaintiff; product; product liability; proximate; risk; rule; safety; seller; survey; user; warning; workplace
• Administrative Law by Greenberg, Harold (1980) - — In Indiana Environmental Manage- ment Board v. Indiana-Kentucky Electric Corp.,'^ the agency argued that Indiana courts have no authority to review quasi-legislative rulemaking; consequently, data supporting the validity of rules was not necessary/' To the contrary, replied the court, Indiana courts have historically reviewed the reasonableness of quasi-legislative regulations. On appeal, this Court cannot weigh the evidence ... to determine for whom it preponderates, and only if reasonable men would be bound to reach the opposite conclusion from the evidence in the record, may the decision ... be reversed. Keywords: administrative; agency; app; board; code; court; evidence; hearing; ind; indiana; law; n.e.2d; review; school
• Business Associations by Galanti, Paul J. (1980) - See generally Restatement (Second) of Agency §§ 2(3), 214, 220, 250, 251 (1958); Restatement (Second) of Torts §§ 409-429 (1965); Reuschlein & Gregory, supra note 77, § 51; Seavey, supra note 116, §§ 6B, 84C; W. Sell, Agency §§ 19, 95, at 86 (1975) The earlier Indiana Business Takeover Act, Ind. Code §§ 23-2-3-1 to -12 (1976), was repealed by Act of Mar. 9, 1978, Pub. Keywords: act; app; arnold; business; co.; code; corporation; court; f.2d; general; inc; ind; indiana; law; liability; limited; n.e.2d; note; partnership; section; securities; securities act; supp; supra; survey
• Civil Procedure and Jurisdiction by Harvey, William F. (1980) - To grant or to deny leave to amend is a matter of trial court discretion. In Colvin v. Bowen,^'^ a prison inmate brought an action in state court under 42 U.S.C. § 1983,^^ which the trial court dismissed for lack of jurisdic- tion. Keywords: action; app; appeals; appellate; case; claim; defendant; error; evidence; ind; indiana; judgment; jurisdiction; law; motion; n.e.2d; new; note; order; party; plaintiff; relief; state; state court; supreme court; trial court; trial rule
• Constitutional Law by Arthur, Stephen E. (1980) - The Indiana Supreme Court concluded that indecent public conduct is not protected speech or expression under the first amendment.' Indiana Law Review V. Constitutional Law Stephen E. Arthur* Christopher D. Seigel** A. Introduction During this survey period, several Indiana statutes have come under close judicial scrutiny as litigants have continued in their ef- forts to persuade the courts to expand the principles of equal pro- tection, due process and first amendment freedoms. Keywords: amendment; appeals; appellant; conduct; court; defendant; f.2d; indiana; law; n.e.2d; public; review; state; statute; supreme; supreme court; u.s; united
• Contracts, Commercial Law, and Consumer Law by Bepko, Gerald L. (1980) - All sections hereinafter cited to the U.C.C. are also found in Ind. Code §§ 26-1-1-101 to -3-7-36 (1976 & Supp. 1980). Code §§ 26-1-2-714 to -715 (1976). Keywords: appeals; bank; buyer; case; check; code; court; drawer; ind; indiana; law; n.e.2d; payment; payor; ucc; warranty
• Criminal Law and Procedure by Raphael, Alan (1980) - ^* Under current Indiana criminal law, trial courts may not suspend any part of the sentence for a felony if the convicted person has a prior un- related felony conviction or if the current conviction is for one of a long list of offenses. The supreme court determined that probation is a privi- lege granted exclusively by statute and that the lawmakers may provide for the length of sentences for offenses and to regulate the power of courts to grant or deny probation as they see fit. Keywords: code; court; crime; criminal; defendant; ind; indiana; law; n.e.2d; offense; person; sentence; state; supreme court; trial; trial court
• Labor Law by Archer, Edward P. (1980) - [Vol. 14:413 considered under the plan 'significantly touch and concern every- day activities of school teachers, and, therefore, are within the or- dinary understanding of working conditions. Furthermore, the factors considered under the plan significantly affected the daily activities of school teachers. Keywords: board; code; contract; court; ind; law; n.e.2d; public; school; school board; teacher
• Professional Responsibility and Liability by Jackson, Donald L. (1980) - The supreme court began its analysis of McQueen's appeal by presenting an historical view of the power of Indiana trial courts to suspend attorneys from the practice of law. Rejecting this argument, the court indicated that criminal or civil matters may be adjudicated by trial courts, but only the supreme court may pass on matters embracing profes- sional misconduct. Keywords: attorney; conduct; court; ind; indiana; law; n.e.2d; supreme; supreme court; trial
• Property by Krieger, Walter W. (1980) - Indiana courts have not con- sidered whether noise alone is sufficient damage for a compensable taking. Courts have come to realize that changes outside a restricted area may reduce the benefit of the covenant to perimeter lot owners, but to release them from the burden would destroy the benefit to the interior lot owners and eventually erode the benefit to the entire area. Keywords: app; area; contract; court; defendants; ind; indiana; land; law; n.e.2d; plaintiff; possession; property; statute; survey; title; trial; trial court; use
• Secured Transactions and Creditors' Rights by Townsend, R. Bruce (1980) - However, since the adverse possessor may perfect his title by possession, suit and lis pendens notice, or by affidavits which may be filed establishing his title of record as against prior record owners, see Ind. Code §§ 17-3-47-1 to -3 (1976), he should not be allowed to set up his title against a later bona fide purchaser from the prior owner unless he does so. ''404 N.E.2d 1164 (Ind. Ct. L. No. 181, § 1, 1980 Ind. Acts 1574 (currently codified at Ind. Code § 31-l-11.5-13(f) (Supp. 1980)). '^'Uhrich v. Uhrich, 362 N.E.2d 1163 (Ind. Ct. Keywords: app; case; co.; code; contract; court; creditors; debtor; ind; indiana; judgment; law; lien; mortgage; n.e.2d; notice; owner; party; property; purchaser; statute; survey
• Torts by Kirkland, Judith T. (1980) - Equally important are the very different legal theories and prin- ciples which have governed these two areas of the law.^^ Nonetheless, the court's decision in Rossow is simply the most re- cent manifestation of an increasing willingness on the part of courts to expand the duty owed by a property owner who profits from ren- ting his land.' In such case the court must hypothetically state to the jury the material facts which the evidence tends to prove, and positively direct, as to the law, upon the assumed state of facts. Keywords: action; app; bank; case; court; decision; duty; ind; indiana; law; n.e.2d; negligence; plaintiff; prosecution; rule; trial
• Back Matter by Law Review, Indiana (1980) - And to speed research on specific issues, you get an extensive table of Indiana cases. IN 46202 NAMES AND COMPLETE ADDRESSES OF PUBLISHER, EDITOR, AND MANAGING EDITOR PUBLISHER (Name and Addreu) Indiana Dnlveraity School of Lav-Indianapoli«, 735 W. Hew York St.. Ind^ls. £aiToa (Name and Addrtm) Sarlon, Indiana 46202 Mark Wen»el, 735 W. New York St.. Indpla.. Marion, IK 46202 MANAGING EDITOR (Name and Addrem) Keywords: forms; indiana; law; new; week; words
• Front Matter by Law Review, Indiana (1981) - The End of a Clear Trend in Corporation Law 617 Markets, Time, and Damages: Some Unsolved Problems in the Field of Crops 647 Twenty-Five Years of Uninsured Motorist Coverage: A Silver Anniversary Cloud with a Tarnished Lining 671 Beyond Enterprise Liability in DES Cases — Sindell 695 Volume 14 March 1981 Number 2 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published four times yearly, January, March, April, and June, by the Indiana University School of Law — Indianapolis, which assumes complete editorial responsibility therefor. B.S., Indiana University, 1942; J.D., 1964. Keywords: a.b; associate; b.s; college; indiana; indiana university; j.d; law; new; professor; school; university
• Prospective Labor Injunctions: Do They Have a Future? by Trant, Charles E. (1981) - Indeed, the Railway Labor Act had a significant impact on the law of labor injunctions in cases where an accomodation of the two Acts had to be struck.59 B. Norris-LaGuardia Act The Norris-LaGuardia Act was the preeminent legislative enact- ment dealing with labor injunctions. The district court, after a long series of strikes and disregard for court orders, permanently enjoined the union from striking over arbitrable issues for the life of the contract. Keywords: act; boys; circuit; co.; court; f.2d; injunction; labor; laguardia; laguardia act; law; markets; norris; order; section; strike; u.s; u.s.c; union; united
• The Business Judgment Rule: The End of a Clear Trend in Corporation Law by Bowman, S. Andrew (1981) - can be maintained only if the stockholder shall allege and prove that the direc- tors of the corporation are personally involved or interested in the alleged wrongdoing in a way calculated to impair their exercise of business judgment on behalf of the corporation, or that their refusal to sue reflects bad faith or breach of trust in some other way.29 The Delaware courts use such language as fraud or gross over- reaching, 30 bad faith or abuse of discretion, 31 fraud, misconduct, or abuse of discretion, 32 profited at the expense of the corporation, 33 and improper motive ... or a reckless indifference to or a deliberate disregard of the stockholders 34 to describe what the plaintiff must allege and show to overcome the business judg- ment defense. [Vol. 14:617 Citing Abbey v. Control Data Corp. 96 and Auerbach v. Bennett91 as reflecting a clear trend in corporate law,98 the Lewis court held that the good faith exercise of business judgment by a special litigation committee of disinterested directors is immune to attack by shareholders or the courts. Keywords: a.2d; business; business judgment; committee; corp; corporation; court; del; directors; judgment; judgment rule; law; note; rule; shareholder; supp; supra
• Administrative Law by Greenberg, Harold (1980) - The court observed that under the residuum rule as applied in Indiana hearsay evidence may be admitted in an administrative hearing, and that, although such admission is improper, it will not be grounds for automatic reversal. In C.T.S, Corp. v. Schoulton,^^ the Indiana Supreme Court restated and reaffirmed the residuum rule, which directs that an administrative decision not be based on inadmissible hearsay evidence admitted over objection unless there is a residuum of competent evidence to support the decision.^^ Keywords: administrative; app; court; evidence; hearing; ind; indiana; law; n.e.2d; rule; supreme
• Indiana's Victim Compensation Act: A Comparative Perspective by Clark, Timothy V.; Webster, D. Robert (1981) - The earliest legal reference to victim compensation is found in the Code of Hammurabi enacted over four thousand years ago.' Other references are found in the Old Testament and the IliadJ^ Compensation of victims of crime was the exception, however; most ancient legal codes recognized the principle of restitution by the offender to the victim rather than compensation by state indemnification of crime victims. The two most commonly offered justifications suggest that the state has a duty or obligation to operate victim compensation programs. Keywords: act; board; code; compensation; crime; indiana; law; mckinney; minnesota; new; supp; victim; victim compensation; violent; york
• Back Matter by Law Review, Indiana (1981) - As well as providing an historical perspective to civil rights legislation, the text focuses on the crucial and fundamental issues in the field: Extensive coverage of issues under section 1983 Damages and injunctive relief Discrimination in housing and employment Supreme Court interpretations of federal statutes The relationship between state and federal courts ' The Civil Rights Act of 1964 • Individual and governmental defenses • Legislative immunity • 812/336-6686 The definitive text Civil Rights Legislation by THEODORE EISENBERG This important segment of public law now may be taught in an organized and coherent fashion, with a casebook which includes all important substantive legislation and Court decisions through the Fall, 1980 term. Keywords: law; rights
• Front Matter by Law Review, Indiana (1973) - Single copies, $2.00. Send all correspondence to Business Manager, Indiana Law Review, Indi- ana University Indianapolis Law School, 735 West York Street, Indi- anapolis, Indiana 46202. Copyright © 1973, 197U INDIANA LAW REVIEW Judith T. Kirtland Editor-in-Chief Stephen P. Learned John J. Quinn Frank M. Northam Article and Book Review Editors Bruce N. Bagni David C. Campbell Rex P. Cowan Robert G. Leonard Mark T. McDermott Robert T. Thopy Gregory J. Utken Stephen L. Williams Note and Development Editors Kenneth R. Baker Thomas A. Cicarella Bruce W. Claycombe Lawrence D. Giddings John W. Graub ii John L. Hudgins Scott E. Koves Jeffrey J. Leech Robert G. Neely Donald J. Polden James G. Scantling William H. Stone Samuel S. Thompson John F. Vargo Joseph A. Walsh Associate Editors Paul J. Galanti Faculty Advisor Mary Ann Motza Business Manager Published six times yearly VOLUME 7 1973 NUMBER 1 INDIANA LAW REVIEW Dedication : On the Appointment of Dean William F. Harvey Donald H. Hunter 1 Survey of Recent Development of Indiana Law 2 I. Administrative Law 2 II. Keywords: indiana; law; review
• Dedication: On the Appointment of Dean William F. Harvey by Hunter, Donald H. (1973) - Indiana Law Review William F. Harvey VOLUME 7 1973 NUMBER 1 INDIANA LAW REVIEW ON THE APPOINTMENT OF DEAN WILLIAM F. HARVEY It is a singular privilege to write the foreword to this issue of the Indiana Law Review, dedicated to and in honor of Dean William F. Harvey. The Honorable Warren E. Burger, Chief Justice of the United States, in a letter to me dated February 15, 1973, best character- ized Dean Harvey when he wrote: His is the solid, progressive spirit we need in the training of lawyers. Keywords: harvey; law
• Administrative Law by Law Review, Indiana (1973) - In order to serve the primary fourteenth amendment value of guarding against capricious governmental action, Indiana courts 4The interjection of procedural constraints serves the function of en- hancing the likelihood of principled adjudication and thus reduces the danger that decision-making will merely mirror the predilections of the hear- ing officer. 54 D. Procedure on Appeal The Indiana Supreme Court, in Clary v. National Friction Products, Inc., 55 clarified an area of substantial confusion con- cerning the proper application of the Indiana Rules of Trial Procedure to appellate review of administrative agency action. Keywords: administrative; agency; app; award; board; court; evidence; ind; indiana; law; n.e.2d; review; standing; u.s
• Contracts and Commercial Law by Law Review, Indiana (1973) - App. 1970) ; Monarch Buick Co. v. Kennedy, 138 Ind. App. 1, 209 N.E.2d 922 (1965). App. 1973) ; see Drilling & Serv., Inc. v. Cato Enterprises, Inc., 134 Ind. App. Keywords: app; case; co.; code; court; damages; defendant; inc; ind; indiana; law; n.e.2d; warranties
• Corporations by Galanti, Paul J. (1973) - Specifically, this act amended Ind. Code §§ 27-3-1-1 to -2-9 (1971) by adding an additional chapter numbered 3. 125Ind. 16, Ind. Code §§23-1-14-1 to -21 (1971). Keywords: act; action; co.; code; corporate; corporation; corporation act; court; directors; general; henn; ind; indemnification; indiana; insurance; law; n.e.2d; provision; shareholder; shares
• Domestic Relations by Law Review, Indiana (1973) - This procedure, however, did not properly vest jurisdiction in juvenile court, and new charges were filed. If there is no statute vesting exclusive jurisdiction in juvenile court and the district attorney has discretion in determining in which court to proceed, there may be no requirements for a waiver hearing under Kent v. United States, 383 U.S. 541 (1966). Keywords: app; child; court; doctrine; ind; indiana; juvenile; law; n.e.2d; order; support; waiver
• Evidence by Law Review, Indiana (1973) - 14a In the past, Indiana courts had ruled that an expert could give an opinion based either on information already in evidence, 149 e.g., testimony of others, or in response to hypothetical questions.150 By so expanding the traditional rule in Smith, the court was assured of receiving not only the opinion of two experts, but also a distillation of reliable information. Hearsay evidence is testimony of an out of court statement offered for the truth of the matter asserted there- 72McCormick § 40, at 79. Keywords: appellant; case; court; defendant; evidence; examination; ind; indiana; jury; law; n.e.2d; rule; state; supreme court; testimony; trial; trial court; v. state; witness
• Secured Transactions and Creditors' Rights by Townsend, R. Bruce (1973) - Fidelity & Deposit Co. v. Standard Oil Co., 101 Ind. App. 301, 199 N.E. 169 (1936) (without discussing the evidence, the court found it con- flicting, although a check received by the creditor carried the notation, In full gas and oil project N. 163). 143292 N.E.2d 624 (Ind. Ct. 10288 N.E.2d 170 (Ind. Ct. Keywords: app; case; claim; co.; code; court; creditor; debtor; ind; indiana; interest; judgment; law; lien; n.e.2d; property; rights; security; subject
• Torts by Lockyear, Theodore (1973) - Nevertheless, courts have been reticent to rule that the plaintiff has been contributorily negligent as a matter of law. Further, the court analogized to the landlord-tenant area, in which many courts have held that a retaliatory eviction may be raised as an affirmative defense. 96 Keywords: action; app; case; co.; court; defendant; doctrine; ind; indiana; jury; law; liability; n.e.2d; negligence; plaintiff
• Front Matter by Law Review, Indiana (1981) - 985 Recent Development Section 1983 and Statute-Based Non-Equal Rights Claims 1011 Volume 14 Fall 1981 Number 4 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published four times yearly, January, March, April, and June, by the Indiana University School of Law — Indianapolis, which assumes complete editorial responsibility therefor. B.S., Indiana University, 1942; J.D., 1964. Keywords: a.b; associate; b.s; college; indiana; indiana university; j.d; law; new; professor; school; university
• Breaking Wills in Indiana by Reed, Thomas J. (1981) - 706 (1918) (testator's statement of intent admissible to show his mental condition); Ditton v. Hart, 175 Ind. 181, 189, 93 N.E. 961, 965 (1911) (letters and other wills of testator ad- missible to show capacity but not to show undue influence). (c) If any person shall be a subscribing witness to the execution of any will in which any interest is passed to him, and such will cannot be proved without his testimony or proof of his signature thereto as a witness, such will shall be void only as to him and persons claiming under him, and he shall be compelled to testify respecting the execution of such will as if no such in- terest had been passed to him; but if he would have been entitled to a distributive share of the testator's estate except for such will, then so much 1981] BREAKING WILLS 971 29-1-5-3/^ When a will contest is filed under Indiana Code section 29-1-7-20, the statute lays the burden of disproving testamentary capacity on the contesting party .^'' Keywords: app; capacity; case; children; client; contest; contestant; court; death; estate; evidence; fallstaff; fraud; ind; indiana; indiana law; influence; issue; julian; law; lawyer; lott; mind; morton; n.e; n.e.2d; person; property; supreme; testator; time; trial; wills; witnesses
• Back Matter by Law Review, Indiana (1981) - Double Jeopardy and Lesser Included Offenses Brown v. State 271 Elmore v. State 269 Guilty Plea 273-74 Heathe v. State 268-69 Jury Instructions 272-73 Intent to Commit a Felony 268 Lutes V. State 273-74 Multiple Count Prosecution 269-71 Pillars V. State 269 Reprosecution for Same Offense 271-72 Roddy V. State 272-73 State V. Redmon 270-71 Thompson v. State 268-69 Evidentiary Use of Witness' Statements Defendant's Breach of Immunity Agreement 779-98 Non-Statutory Witness Immunity Evidentiary Consequences of Defendant's Breach 779-98 Right to Counsel Brunson v. State 265-66 Federal and State Constitution 266 Indigents 265-66 McDandal v. State 268 Self-representation 267-68 Shelton v. State 620, 621, 622, 624, 625 Sinclair Refining Co. v. Atkinson 597 Sindell v. Abbott Laborator- ies 695 Singer v. Magnavox Co. 624 Skelly Oil Co., Getty Oil Co. v. 619, 621, 624, 625 Skend;^el v. Marshall 492, 493 Skolnick v. State 167 Slater, Bennett v. 399 Slaton, Paris Adult Theatre I V. 198, 289 Slinkard v. Extruded Alloys 571 S.L.S., R.D.S. V. 355 Smith, Ayres v. 452 Smith, P-M Gas & Wash Co. V. 173, 177 Smith, Prudential Insurance Co. of America v. 391 Smith V. City of South Bendl50, 163 Smith V. Organization of Foster Families 220 Smith V. State 449 Snyder v. Tell City Clinic 169 Page Soft Water Utilities, Inc. v. LeFevre 905 Sohland v. Baker 644 South Bend Community School Corp., Haas v. 81 South Bend Federation of Teachers v. National Educa- tion South Bend Association 74-86 Southern Indiana Gas and Electric Co., City of Evansville v. 65 Southern Indiana Health Systems Agency, Inc. v. State Board of Health 75 Southern Ohio Coal Co. v. UMW 609 Southern Pasma Corp., N.L.R.B. V. 741 Southern Railway Co., Menke v. 217 South Tippecanoe School Building Corp. v. Shambaugh & Son, Inc. 397 Sowles, Witters v. 617 Spangard, Ybarra v. 699 Spann, Moore v. 185 Sparks, Louisville, New Albany Chicago Railway v. 649 Spaulding, Briggs v. 617 Spears v. Jackson 396 Spears v. State 368 Spector, Licata v. 905 Speer, Indiana Farmers Mutual Insurance Co. v. 688 Spence v. State 371 Spering's Appeal 617 Springer v. United States 360 Spruile v. Boyle-Midway, Inc. 34 Stadin v. Union Elec. Co. 619 Staley v. Stephens 487 Standard Mutual Casualty Co., Hill V. 410 Standard Supply Corp., Du- pont Feedmill Corp. v. 486 Stanley v. Georgia 289 Stapinski v. Walsh Construc- tion Co. 50, 54 Starke Circuit Court, Back V. 280 Starke County Farm Bureau Cooperative Association, Gumz V. 160 State, Archbold v. 283 Vol. 14] TABLE OF CASES XXIU Page Page 479 199 365 75 State Bank of Indiana, Sherry v. State V. Baysinger State, Bergner v. State Board of Health, Southern Indiana Health Systems Agency, Inc. v. State Board of Tax Commis- sioners V. Aluminum Co. of America 540 State Board of Tax Commis- sioners, Stokely-Van Camp, Inc. Keywords: 626; act; american; association; bank; board; brown; city; clark; co.; corp; county; court; davis; department; education; general; inc; indiana; indiana department; indiana state; insurance; insurance co.; law; liability; life; mutual; national; new; page; public; rel; revenue; review; school; service; state; state board; state revenue; statute; steel; union; united; v. state; v. united; vol
• Front Matter by Law Review, Indiana (1982) - [Vol. 15:ix Johnson v. St. Vincent Hospital, Inc., 135 138, 425 Jones V. Review Board of the Indiana Employment Security Division, 18 Jones V. State, 312 Judy V. State, 159 K Keiling v. Mclntire, 72 Kelsey v. Nagy, 34 Key V. Sneed, 190, 400 Kincaid v. Lazar, 57 King Pin Motor Lodge, Inc. v. D.J. Con- struction Co., 394 Kiyose v. Trustees of Indiana University, 49 Kottis V. United States Steel Corp., 462 Krieg v. Glassburn, 212 Krueger v. Bailey, 95 Kuchler v. Mark II Homeowners Associa- tion, Inc., 322, 369 Lafayette Tennis Club, Inc. v. C.W. Ellison Builders, Inc., 394 Lane v. Barringer, 294 Lantis v. Astec Industries, Inc., 298 Lawrence County Commissioners v. Chorley, 242 Lee V. Weston, 242 Leon-Roche v. Review Board of the Indiana Employment Security Division, 7 Lewis V. State, 165, 166 Lincoln Nebraska Bank v. Herber, 51 Lockett V. Ohio, 162 Lukowski V. Vecta Education Corp., 298 Lustic V. Hall, 449 M Maher v. Gagne, 72 Mailand v. Burckle, 33 Maine v. Thiboutot, 72 Manning v. Allgood, 92 Marcovich Land Corp. v. J.J. Newberry Co., 340 Marich v. Kragulac, 142, 143 Marotta v. Iroquois Realty Co., 366 Martin v. Piatt, 55 Martincich v. City of Hammond, 150 Martinez v. California, 72 Marvin v. Marvin, 219 Masson Cheese Corp. v. Valley Lea Dairies, Inc., 377 Mathews v. Eldridge, 5 McCall V. State, 166, 242 McCormick Piano and Organ Co. v. Geiger, 112 McDonnell v. Flaharty, 450 McGairk v. State, 168 McMahon Food Co. v. Call, 110 Melnik v. Melnik, 216 Michelson v. United States, 241 Mid-America Marketing v. Falender Development Corp., 350, 351 Midway Ford Truck Center, Inc. v. Gilmore, 81, 302 Midwest Mutual Insurance Co. v. Indiana Insurance Co., 256 Miles Homes of Indiana, Inc. v. Harrah Plumbing & Heating, 371, 392, 393 Miles Laboratories, Inc. v. Department of Revenue, 411 Mills V. American Playground Device Co., 80 Mite Corp. v. Dixon, 39 Modlin V. Paulson, 76 Moore v. Barrett Co., 32 Morris v. State, 307 Mother Goose Nursery Schools v. Sendak, 132 Mueller Brass Co. v. Gross Income Tax Division, 416 Mullane v. Central Hanover Bank & Trust Co., 126, 133 Murphy v. State, 168 N Nate v. Galloway, 332 National League of Cities v. Usery, 153, 156 Neal V. Neal, 219 Needham v. Fred's Frozen Foods, Inc., 462 Needham v. Needham, 211 Nelson v. O'Neil, 229, 230 Nimel Industries, Inc. v. Joy Manufactur- ing Co., 320, 321 North V. Newlin, 370 Northeast Marine Terminal Co. v. Caputo, 469 Nova Records, Inc., v. Sendak, 134 o O'Donaghue v. Review Board of the Indiana Employment Security Division, 27 Office of the Public Counselor v. Indiana- polis Power & Light Co., 15 Orto v. Jackson, 353 1982] TABLE OF CASES Xlll Pain V. Packard, 404 Palmer v. State, 312 Pardue v. Seven-Up Bottling Co. of In- diana, 295 Parrett v. Lebamoff, 450 Pearson v. First National Bank, 356, 387 Pennycuff v. Fetter, 352, 437 Perez v. United States Steel Corp., 20, 453 Perma Life Mufflers, Inc. v. International Parts Corp., 32 Peterson v. Culver Educational Founda- tion, 447 Pillars V. State, 170 Piskorowski v. Shell Oil Co., 83 Piwowar v. Washington Lumber & Coal Co., 77 Powers V. Ford, 372 Presbyterian Church v. Hall Church, 142 Profitt V. Florida, 160 Purcell V. English, 435 R Railroad Commission v. Pullman, 40 Ralston v. State, 99 Reed v. Reed, 139 Rees V. Heyser, 82 Reliance Insurance Co. v. Al E. & C. Ltd., 299 Rhodes v. Chapman, 151, 152 Riner v. Raines, 128 Riverside Insurance Company of America V. Smith, 261 Roadway Express, Inc. v. Piper, 94, 314 Roberts v. Casting Service Corp., 474 Roberts v. Wabash Life Insurance Co., 196 Robertson v. Mattingly, 389 Roe V. Wade, 156, 157 Rohn V. Thuma, 213, 396 Rohrabaugh v. Wagoner, 138, 431 Ross V. Heyne, 314 Ross V. Tavel, 57 Rossow V. Jones, 435 Royal Business Machines, Inc. v. Lorraine Corp., 118 Rufer V. State, 308 Russell V. Review Board of the Indiana Employment Security Division, 12 S & F Supply Co. V. Hunter, 37 Sanders v. Kerwin, 73 Sandlin v. Review Board of the Indina Employment Security Division, 5, 127 Sandock v. Taylor Construction Corp., 102 Sandoval v. Hammersly, 223 Schenkel v. Allen County Plan Commis- sion, 16 Scherer v. Scherer, 218 Schleiffer v. Meyers, 209 Schoolcraft v. Ross, 357 Scott V. Union Tank Car Co., 447, 464 Shane Quadri v. Goodyear Service Stores, 404 Shanks v. A.F.E. Industries, Inc., 296, 297 Sherbert v. Verner, 285 Shideler v. Dwyer, 177, 432 Short V. Texaco, Inc., 133 Sidle V. Majors, 139 Sigsbee v. Swathwood, 333 Silva V. State, 238 Siskind v. Siskind, 395, 396 Skendzel v. Marshall, 367, 372 Slebodnik v. City of Indianapolis, 125 Smith V. State, 172 Snodgrass v. Baize, 250, 398 Snyder v, Shelby County Department of Public Welfare, 203 Snyder v. Tell City Clinic, 97 Solar Sources v. Air Pollution Control Board, 27, 74 South Bend Osteopathic Hospital, Inc. v. Phillips, 432 Southern, School Buildings, Inc. v. Loew Electric, Inc., 390 Spall V. Janota, 344, 345 Speiser v. Addis, 338 Spencer v. Glover, 321, 322 St. Paul Fire & Marine Insurance Co. v. State Bank of Salem, 114 Stanley v. Kelley, 100 Stanton v. Godfrey, 71 State Board of Tax Commissioners v. Catling Gun Club, Inc., 410, 421 State Department of Administration v. Sightes, 282 State Department of Revenue v. Calcar Quarries, Inc., 413 State ex rel. [Vol. 15:ix County Department of Public Welfare v. AFSCME, 273 Craven v. Niagara Machine & Tool Works, Inc., 301 Crestwood Park, Inc. v. Apostal, 406 Criss V. Bitzegaio, 175 Crouch V. Hall, 439 Cua V. Ramos, 443 Cunningham v. Aluminum Co. of America, 458 D D.H. V. J.H., 210 Dague V. Piper Aircraft Corp., 289, 291 Dan Purvis Drugs, Inc. v. Aetna Life Insurance Co., 31 Davis V. B.C.L. Enterprises, Inc., 403 Deetz V. McGowan, 102 Department of Treasury v. Allied Mills, Inc., 416 Department of Treasury v. International Harvester Co., 416 Diaz V. Duncan, 191 Dodd V. Kiefer, 293 Doe V. Renfrow, 148, 443 Donahue v. Watson, 201, 103 Dorsey v. Dorsey, 213, 225 Dortch V. Lugar, 130 Douglas V. Warner Gear Division of Borg Warner Corp., 473 Duke Power Co. v. Carolina Environ- mental Study Group, Inc., 139 Duncan v. George Moser Leather Co., 244 E E.F.P. Corp. V. Pendill, 472 East Chicago Teachers Union Local 511 v. Board of Trustees, 274 Eberbach v. McNabney, 80, 399 Ebersold v. Wise, 371, 373 Elliott V. Roach, 77, 83, 444 Elmore v. State, 170 Eisen IV, Eisen v. Carlisle & Jacquelin, 85 Erdman v. White, 96 Estate of Gillilan v. Estate of Gillilan, 187, 188 Evans v. Huss, 90 Exxon Corporation v. FTC, 149 F.J. v. State, 134 Featherston v. Stanton, 8 First Federal Savings & Loan Association V. Arena, 355, 381, 403 Fleetwood Corp. v. Mirich, 433 Flipside, Hoffman Estates, Inc. v. Village of Hoffman Estates, 135 Foremost Life Insurance Co. v. Depart- ment of Insurance, 399 Fort Wayne Patrolman's Benevolent Association, Inc. v. City of Fort Wayne, 275, 277 Forth V. Forth, 200 Foster v. New, 444 Foster v. Review Board of Indiana Employ- ment Security Division, 6, 18, 127 Frampton v. Central Indiana Gas Co., 55, 463 Froberg v. Northern Indiana Construction, Inc., 391 G Gannett Co. v. DePasquale, 144 Garvey Grain Co. v. Director, Office of Workers' Compensation Programs, 469 Gary Teachers Union Local 4 v. School City of Gary, 274 Gary-Northwest Indiana Women's Ser- vices V. Bowen, 156 General Motors Corp. v. Arnett, 81, 389, 451 Gerhardt v. City of Evansville, 2, 129 Gilliam v. State, 241 Glasgo V. Glasgo, 219 Good V. Crowel, 98 Graham v. Starr, 206 Grayned v. Rockford, 135 Great Atlantic & Pacific Tea Co. v. Wilson, 339, 436 Gregg V. Georgia, 160 Gross Income Tax Division v. Owens- Corning Fiberglass Corp., 416 Grueninger Travel Service, Inc. v. Lake County Trust Co., 335, 336 H Hall V. State, 171 Hanchar Industrial Waste Management, Inc. Keywords: a.b; associate; board; city; co.; college; corp; county; department; division; employment; inc; indiana; indiana university; indianapolis; insurance; j.d; law; professor; review; school; state; university
• Administrative Law by Lewis, Wayne K. (1982) - It is often difficult to understand or predict the results when courts apply those standards in a practical context. Despite the constant admonition that courts are not to substitute their views for that of the decisionmakers, there is a real difficulty in determining when a court will decide that there is enough information to conclude that a reasoned deci- sion has been made and when there is not. Keywords: administrative; agency; app; board; court; decision; evidence; findings; hearing; ind; indiana; law; n.e.2d; process; review
• Business Associations by Galanti, Paul J. (1982) - Indiana courts have previously applied this doctrine to deny relief to an antitrust plaintiff who initiated legal action after cooperating with the defen- dant in an unlawful scheme.^ The thrust of Purvis' appeal was that the in pari delicto defense as applied to private antitrust cases was struck down by the United States Supreme Court's decision in Perma Life Mufflers, Inc. v. In- *Professor of Law, Indiana University School of Law— Indianapolis. There is considerable flexi- bility in Purvis, and it is to be hoped that Indiana courts will follow the lead of the California and Texas courts, as well as the federal courts, and limit the defense to cases in which the antitrust plaintiff truly is at *'equal fault with the defendant or, as posited in another context, in which the fault of the parties is clearly mutual, simul- taneous and relatively equal. Keywords: act; app; business; cir; city; co.; code; corporation; court; f.2d; gdv; general; inc; ind; indiana; law; n.e.2d; section; securities; shares; state; supp; survey; takeover; tender
• Commercial Law by Bepko, Gerald L. (1982) - Similarly, evidence that a person had insufficient funds in his account or had no account constitutes prima facie evidence that the person knew that the check would not be honored.^ Aided by these presumptions, a holder of a dishonored check can combine Indiana Code sections 35-43-5-5 and 34-4-30-1 to sue the drawer for treble damages, costs, and attorney's fees. First, in American Leasing, Inc. v. Maple,^ the court of appeals made it clear that it is unnecessary to establish that there has been a con- viction under Indiana Code article 43 of title 35 to recover treble damages, costs, and attorney's fees under Indiana Code section 34-4-30-1.^ Second, before a person can recover under Indiana Code section 34-4-30-1, he must show a pecuniary loss.^ The court of ap- peals held that when a check is dishonored, the payee is denied the money represented by the check and thus suffers a pecuniary loss for purposes of Indiana Code section 34-4-30-1.^ Third, in McMahon Food Co. Keywords: bank; check; code; court; express; goods; indiana; law; warranty
• Constitutional Law by Neff, R. Matthew (1982) - — While standing is a well-known and highly litigated issue in federal courts due in part to the constitutional limitation of federal court jurisdiction, the issue of standing arises less frequently in state courts. Resolutions of disputes regarding church property have been the object of several court cases. Keywords: action; amendment; case; court; decision; district court; f.2d; federal; hearing; ind; indiana; interest; law; n.e.2d; process; property; review; right; school; state; statute; supp; supreme court; u.s
• Evidence by Karlson, Henry C. (1982) - The witness admitted that he had no expertise to verify the reliability or accu- racy of the reports.^^^ In determining that his testimony insofar as it was based on hearsay medical reports was properly excluded, the court of appeals held that Indiana law imposes a three-part test to determine if an expert opinion is admissible when it is based on a report that is either not in evidence or inadmissible as substantive evidence due to the hearsay rule. The defendant objected to this request and contended that best evidence of what was sought to be proved was the video-tape.^^ Keywords: court; defendant; evidence; ind; indiana; law; n.e.2d; rule; state; statement; testimony; witness
• Professional Responsibility by Funk, David A. (1982) - For a series of annual surveys with extensive analysis of federal court cases af- fecting Professional Responsibility, see the chapters bearing that heading in the N.Y.U. School of Law Annual Survey of American Law. Indiana Supreme Court. Keywords: attorney; bar; case; commission; court; disciplinary; indiana; law; n.e.2d; responsibility; supreme
• Property by Smith, N. Kent; Wenzel, Mark R. (1982) - The trial court's refusal to enjoin Falender from discharging water on the Mid-America tract was reversed.^^^ H. Real Estate Transactions 1. Warranties. — Y-wo cases decided during the survey period il- lustrate the limitations which Indiana courts are imposing on the ex- tension of the warranty of habitability. court offered two examples in which a surrender and acceptance may be found despite the presence of a lease agreement to the contrary. Keywords: agreement; app; appeals; case; contract; court; damages; defendant; evidence; ind; indiana; indiana court; landlord; law; lease; n.e.2d; period; plaintiff; premises; property; survey; tenant; trial court; warranty
• Secured Transactions and Creditors' Rights by Townsend, R. Bruce (1982) - See Ind. Code § 26-1-1-9-315 (1976). 'Ind. Code § 26-1-9-501(4) (1976). ''408 N.E.2d 597 (Ind. Ct. Keywords: agreement; app; case; co.; code; collateral; contract; court; creditor; debtor; ind; indiana; interest; law; lien; n.e.2d; notice; owner; party; property; rule; sale; security; seller; surety; time; transactions
• Taxation by King, J. B. (1982) - Nevertheless, Continental Steel is consistent with the majority of state court decisions now available on this point.^® The supreme court's final rejection in Kimberly-Clark of this ar- tificial solicitation plus test is indeed a welcome result, not because it vindicates last year's comments, but because it reflects a sensible pragmatism by the court in the construction and application of Indiana tax laws. A second highlight of recent Indiana tax decisions was the courts' renewed emphasis on the legal significance of the tax situs of intangibles in determining liability for both the gross income tax and the intangibles tax. Keywords: app; code; court; department; income; indiana; law; n.e.2d; revenue; state; tax
• Torts by Harrigan, Daniel J. (1982) - The legislature has the power to alter the manner of gaining a remedy in court. ^^^ Elliott filed suit in municipal court to recover his damage deposit and asked for punitive damages. Keywords: act; action; appeals; case; claim; court; damages; defendant; duty; ind; indiana; law; malpractice; n.e.2d; plaintiff; statute; trial court
• Workers' Compensation by Leibman, Jordan H. (1982) - , unless such employer shall have elected to pro- vide and pay compensation as provided in section 4 of this act, a right of action shall accrue to the employee . . . . Cunningham reasoned that an employer who inten- tionally maintains an unsafe workplace must expect injuries and that such injuries must therefore be considered to have been inten- tionally caused.^^ The court rejected this reasoning, first questioning the appel- lant's concept of intent by citing Dean Prosser who has stated that '[t]he mere knowledge and appreciation of a risk, short of substan- tial certainty, is not the equivalent of intent.' Keywords: act; app; board; code; compensation; court; employer; employment; ind; indiana; injury; law; n.e.2d; review; workers
• Front Matter by Law Review, Indiana (1982) - Words are somehow inadequate to express fully my admiration and respect for Professor R. Bruce Townsend. Persuasive Authority for Cases Declaring Retroactive Application of Section 522(f) of the Bankruptcy Code Unconstitutional 593 Volume 15 Spring 1982 Number 2 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published four times yearly, January, March, April, and June, by the Indiana University School of Law — Indianapolis, which assumes complete editorial responsibility therefor. Keywords: a.b; associate; bruce; code; college; indiana; indiana university; indianapolis; j.d; law; professor; school; students; townsend; university; university school
• Secured Creditors Under the Bankruptcy Reform Act by Kennedy, Frank R. (1982) - (Bankruptcy Act § 606(8)) J. MacLachlan, Handbook of the Law of Bankruptcy § 202 (1956). Keywords: act; bankruptcy; bankruptcy act; chapter; code; creditor; debtor; interest; law; lien; plan; property; section; security; stat; trustee; u.s.c
• Back Matter by Law Review, Indiana (1982) - Indiana Law Review Consumer Product Safety Commission by Michael R. Lemov The Consumer Product Safety Commission keeps watch over 15,000 products. Consumer Product Safety Commission is also an administrative law treatise which focuses on the regulatory activity of the agency. Keywords: consumer; law; product; safety
• Front Matter by Law Review, Indiana (1982) - 679 Algorithm Patentability after Diamond v. Diehr 713 Trademarks and Look-Alike Drugs 733 Volume 15 Summer 1982 Number 3 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published quarterly by the Indiana University School of Law — Indianapolis, which assumes complete editorial responsibility therefor. B.S., Bradley University, 1950; J.D., Indiana University, 1965. Keywords: a.b; associate; college; indiana; j.d; law; professor; school; university
• Intentionally and Negligently Inflicted Emotional Distress: Toward a Coherent Reconciliation by Millard, David B. (1982) - RATIONALIZATION AND RECONCILIATION Requiring intentional misconduct, resultant physical injuries, contemporaneous physical impact, placement in the zone of danger, or foreseeability of emotional distress injuries does not guarantee that emotional distress has occurred. Thus, barriers to recovery resulting from the impact rule, the zone of danger rule, and the foreseeability test, which the courts have erected in negli- gent infliction of emotional distress cases, fail to meet the fears and concerns for which they were imposed.®^ Keywords: app; cases; court; distress; impact; ind; indiana; infliction; injury; law; n.e.2d; physical; recovery; rule; supra
• Front Matter by Law Review, Indiana (1982) - The Interpretive Rule Exemption: A Definitional Approach to Its Application 875 Physician Liability for Failure to Resuscitate Terminally 111 Patients 905 Volume 15 Fall 1982 Number 4 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published quarterly by the Indiana University School of Law — Indianapolis, which assumes complete editorial responsibility therefor. B.S., Bradley University, 1950; J.D., Indiana University, 1965. Keywords: a.b; associate; college; indiana; indiana university; j.d; law; professor; school; university
• Products Liability: Obviousness of Danger Revisited by Phillips, Jerry J. (1982) - Indiana Law Review Products Liability: Obviousness of Danger Revisited Jerry J. Phillips* A. Eddies in the Law Three decades ago it was not uncommon for courts to hold that plaintiffs were barred from recovery as a matter of law for injuries resulting from exposure to obvious dangers. [Vol. 15:797 This modern approach to obvious dangers in products liability is consistent with the approach taken in the field of land occupiers' liability. Keywords: co.; court; danger; indiana; law; liability; obviousness; products; rule
• Survey of Indiana Administrative Law by Carlisle, Alexander; Herceg, Manuel (2021) - Indiana courts, which remain busy, have issued opinions during the survey period that are both interesting and informative; opinions that move the needle in the field of administrative law. Administrative agencies are empowered to act within the bounds of the statutes they are tasked with enforcing. Keywords: administrative; agency; code; court; dam; dnr; hearing; ihrc; indiana; interpretation; law; n.e.3d; review; safety; standard; statute; trial
• Banking, Business, and Contract Law by Sullivan, Jr., Frank (2021) - ”194 B. Some Exceptions to Basic Principles Freedom of Contract and Private Ordering In last year’s Article surveying banking, business, and contract law, I included an extended discussion of the way in which Indiana courts go about resolving disputes over contract interpretation.1 9 5 The discussion began by emphasizing that “Indiana courts recognize the freedom of parties to enter into contracts and . . . ”197 Without question, Indiana contract law is built upon the foundation of freedom of contract and private ordering. Keywords: agreement; app; appeals; attorney; bank; breach; business; buyer; case; commercial; company; contract; contract law; court; damages; inc; ind; indiana; indiana law; law; liability; llc; loan; loss; n.e.3d; non; parties; seller; survey; trial; trial court
• Stuck in a Rut or Merely within the Lines? Indiana State Constitutional Law Summaries--2017-2018 by Chinn, Scott; Pulliam, Daniel E.; Little, Elizabeth M. (2021) - Unless otherwise noted, “Court of Appeals” and “Supreme Court” refer to the Indiana Court of Appeals and Indiana Supreme Court. STUCK IN A RUT OR MERELY WITHIN THE LINES? INDIANA STATE CONSTITUTIONAL LAW SUMMARIES—2017-2018 SCOTT CHINN* DANIEL E. PULLIAM** ELIZABETH M. LITTLE*** I. INTRODUCTION1 The developments in Indiana constitutional law were minimal. Keywords: appeals; article; constitutional; court; defendant; indiana; law; n.e.3d; review; section; state; statute; supreme; supreme court; trial
• 2018 Developments in Indiana Evidentiary Practice by Flora, Colin E. (2021) - During the survey period, that power was used to take notice of a 1993 brief to the Indiana Supreme Court,54 the filing of a petition in a separate paternity action to establish paternity of the same mother’s other child,55 and a petitioner’s prior petition for post-conviction relief.56 Indiana courts may also take judicial notice of orders by federal appellate courts, such as certificates of appealability.57 It was also reaffirmed that Indiana trial courts may properly take notice of a 46. JUDICIAL NOTICE: RULE 201 In Indiana state courts, judicial notice is governed by Evidence Rule 201 and the Uniform Judicial Notice of Foreign Law Act.52 Rule 201(a)(2)(C) permits courts to judicially notice “the existence of . . . Keywords: app; appeals; court; defendant; evidence; evidence rule; exception; expert; ind; indiana; indiana court; jury; law; n.e.3d; opinion; r. evid; review; rule; state; testimony; trans; trial; trial court; victim; witness
• Survey of Recent Developments in Indiana Product Liability Law by Tanner, J. Joseph; Fuson, Lexi C. (2021) - SURVEY OF RECENT DEVELOPMENTS IN INDIANA PRODUCT LIABILITY LAW J. JOSEPH TANNER* LEXI C. FUSON** INTRODUCTION This survey provides analyses and commentary on product liability cases that have been decided by Indiana courts—both state and federal—between October 1, 2017 and November 1, 2018 (the “Survey Period”). Instead, it focuses on cases that are of consequence to the development and growth of Indiana product liability law. Keywords: 510(k; court; design; device; evidence; federal; inc; indiana; ipla; law; liability; plaintiff; product; product liability; safety; trial
• Recent Developments in Indiana Tort Law by Kruse, Paul S.; Morris, Larry L.; Boyle, Heather D.; Moore, Katherine M. (2021) - After the 1995 amendment, Indiana courts were divided on whether misuse remained a complete bar to recovery or merely reduced the plaintiff’s recovery.16 The co-administrators of Laura’s estate were pursuing the claim, but the survival statute provided that David’s legal representative could continue the action after David’s death.158 The supreme court agreed that the co-administrators 144. Keywords: appeals; claim; court; duty; ind; indiana; judgment; law; motion; summary; supreme; trial; trial court
• After Agrarian Virtue by Chen, James Ming (2021) - See David Tilman et al., Habitat Destruction and the Extinction Debt, 371 NATURE 65 (1994). See, e.g., Alexander V. Markov & Andrey V. Korotayev, Phanerozoic Marine Biodiversity Follows a Hyperbolic Trend, 16 PALAEOWORLD 311 (2007); Kenneth G. Miller et al., The Phanerozoic Record of Global Sea-Level Change, 310 SCIENCE 1293 (2005). Keywords: 53:1; agrarian; agriculture; anthropocene; bowman; co.; coffee; crop; et al; farmers; food; glyphosate; herbicides; human; indiana; john; law; life; macintyre; monsanto; nature; note; peak; phosphorus; plant; production; resistance; rev; review; sci; science; seed; states; supra; time; u.s; united; use; virtue; vol; weed; world
• Survey of Indiana Agricultural Law by Schroeder, Brianna J. (2021) - Indiana farmers may apply livestock manure to their fields to fertilize traditional row crops like corn and soybeans. For example, in California, voters have passed two propositions which impact egg farms around the country.79 In 2008, voters passed Proposition 2, which prohibited confinement of animals in a manner that prevented them from turning around, lying down, standing up, and stretching their wings.80 The California State Legislature passed a law which banned the sale of imported eggs that did not comply with Proposition 2.81 Ten years later, in 2018, California voters passed Proposition 12, which defined minimum space requirements for hens, sows, and veal calves, and banned the sale of eggs or meat from animals from farm systems which do not meet the minimum space Keywords: act; agricultural; california; code; county; court; eggs; farm; farmers; indiana; law; neighbors; state
• Law Schools: A Time of New Burdens and New Beginnings by Menon, Sundaresh (2021) - More than just teaching students how to become literate in technology, law schools need to equip students with the skills that will enable them to streamline delivery processes and design solutions to legal problems; or, as I said recently, to reinvent and not just turn the wheel of justice.95 Unfortunately, the sense is that “many law schools are not yet 88. As early as the 1890s, the American Bar Association (“ABA”) observed that law schools needed to be brought into “a closer sympathy and contact with the profession.”3 Keywords: education; example; firms; james; justice; law; law schools; lawyers; lecture; legal; need; new; practice; profession; report; review; school; services; singapore; students; technology; time
• Illustrating Swing Votes I: Indiana Supreme Court by Georgakopoulos, Nicholas L.; Sullivan, Jr., Frank (2021) - Sch. Corp. v. Linke, 763 N.E.2d 972 (Ind. 2002) (allowing drug testing of students in various settings; majority: Shepard–Dickson–Sullivan; conservative); Ind. State Univ. State v. McManus, 868 N.E.2d 778 (Ind. 2007) (Shepard, C.J.). Keywords: boehm; conservative; court; crimpro; dickson; dissent; ind; indiana; law; majorities; majority; n.e.2d; opinions; o’clock; rucker; shepard; state; sullivan; supreme; swing; tort; votes
• Illustrating Swing Votes II: United States Supreme Court by Georgakopoulos, Nicholas L.; Sullivan, Jr., Frank (2021) - U.S. courts do not have jurisdiction over claim of Spanish seaman in Spanish vessel against foreign owner. See also Wikipedia, Ideological Leanings of U.S. Supreme Court Justices (as of Sept. 28, 2017) Keywords: act; amendment; b o; b r; blackmun; brennan; breyer; c h; c r; composition; conservative; court; death; dissent; douglas; e c; e l; e n; e r; e s; federal; ginsburg; habeas; justice; kennedy; l l; law; liberal; liberal c; m e; m o; m s; majorities; majority; marshall; n t; new; o c; o l; o t; opinions; o’clock; o’connor; p l; p r; plurality; powell; r n; r o; r r; r s; r t; r v; rehnquist; right; s c; s o; s s; s t; s v; scalia; souter; states; states v.; statute; stevens; stewart; swing; t e; thomas; u. s; united states; v. united; vote; white
• Finding the Way: Substantial Nexus After Wayfair by Brinegar, Kole M. (2021) - Quill Corp. v. North Dakota, 504 U.S. 298, 313 (1992). 2020] FINDING THE WAY 185 sales tax and use tax rates.212 Moreover, for the twenty-three states that are members of the SSUTA, harmonization of state sales tax is a requirement.213 Still, especially for start-ups and smaller remote sellers, if all state laws are not harmonized, the cost of compliance with different sales and use tax rates and nexus requirements of even a fraction of the 6,000 total taxing jurisdictions is daunting. The South Dakota Supreme Court found this law to be unconstitutional under the binding precedent of Quill.14 After granting certiorari, the U.S. Supreme Court overruled Quill and found the physical presence rule unsound.15 Keywords: commerce; court; dakota; law; nexus; presence; quill; rule; sales; sellers; state; substantial; supreme; tax; u.s; use; wayfair
• CCPA Tipping the Scales: Balancing Individual Privacy with Corporate Innovation for a Comprehensive Federal Data Protection Law by Williams, Sahara (2021) - Fairclough, supra note 24, at 468-69 (referencing Facebook’s opposition to efforts to create data privacy laws in 2013 and Facebook, Google, and Spokeo’s efforts against consumer legal claims to establish harm from data breaches). 93. By addressing privacy, security, and breach response matters, data protection laws shelter digitized consumer information, specify safekeeping measures, and clarify the responsibilities of consumers, corporations, and third parties. Keywords: breach; breaches; businesses; ccpa; consumer; corporation; cybersecurity; data; data privacy; data protection; data security; federal; government; law; laws; opt; privacy; protection; right; section; security; state; supra; supra note; u.s
• Curricular Change in Legal Education by Carney, William J. (2021) - V. CONCLUSIONS The losses in Environmental Law and Energy Law (-36%) Criminal Law (-25%), Business Law (-19%) and Labor and Employment Law (-14%), and the relatively small gains in Family Law (+6%) are dwarfed by gains in other areas, primarily Health Law and Bioethics (+42%), Intellectual Property and Technology Law (+175%) and Law and Social Change (+40%). James Lindgren, Measuring Diversity: Law Faculties in 1997 and 2013, 39 HARV. Keywords: aug; bar; berkeley; business; change; courses; education; faculty; indiana; law; law school; note; number; practice; property; review; school; social; students; table; teachers; teaching; university
• Survey of Recently Reported Cases in Real Property Law by Crist, Brian C.; Tirman, Michael R.; Soshnick, Haley (2021) - This Article examines the reported decisions during the survey period1 of the Indiana Supreme Court (the “Supreme Court”), Court of Appeals of Indiana (the “Court of Appeals”), and the Indiana Tax Court (the “Tax Court”) concerning real property issues. The enforcement authority must also provide property owners with a “sufficient time” (ten to sixty days) to repair or rehabilitate an unsafe building.242 After the grace period, property owners are fined $2,500 for non-compliance.243 An additional penalty is imposed, up to $1,000 every ninety days after the initial grace period, for non-compliance under the UBL.244 The UBL does not, however, reference any specific safety standards. Keywords: appeals; board; claim; code; court; easement; indiana; law; n.e.3d; owner; property; property law; property owner; tax court; town; trial court; ufb; use
• Indiana Landlord-Tenant Law: An Important Step Forward in Theory Needs to be Made Real in Practice by Roisman, Florence Wagman (2021) - Part of the explanation for this probably is that very few tenants are represented by counsel in landlord-tenant proceedings.25 Another part of the explanation probably is the peculiar bifurcated method that Indiana courts use in landlord-tenant cases. This change in doctrine, too, seemed to win favor in Indiana in the 1973 decision in Frampton v. Central Indiana Gas Co., where the Indiana Supreme Court cited Edwards and similar cases with approval and used retaliatory eviction by analogy to recognize a “public policy exception” to Indiana’s at-will employment doctrine.12 In 1999, this movement in Indiana suffered a severe setback. Keywords: claims; code; court; eviction; habitability; housing; indiana; landlord; law; supreme; tenant; u.s; warranty
• Third Country Deportation by Sherman-Stokes, Sarah (2021) - In practice, DHS does not seek third country removal until after the close of proceedings and thus any evidence offered by the noncitizen during the hearing—about a hypothetical, as yet unknown, removal to a yet-to-be-named country—would almost certainly be characterized as irrelevant and, therefore, inadmissible, as evidence in a court proceeding.82 Just as the regulation fails to outline a procedure or protocol for carrying out third country deportation, the regulation fails to comply with our CAT obligations in other ways, too. Part I situates Peter’s story in the larger context of third country removal and relief under CAT. Keywords: article; c.f.r; case; cat; cir; country; country deportation; country removal; court; deportation; government; hearing; immigration; law; noncitizen; peter; proceedings; process; relief; removal; review; rights; states; torture; u.s; u.s.c; united
• Collective Bargaining Challenges in the Rise of Esports and Professional Video Gaming by Adams, Maxwell (2021) - In a multiemployer bargaining situation involving the game developer, esports players, and esports teams, all three parties would have to be involved in discussions over labor disputes. Esports players are subject to a player contract with their team, and both the LCS and the Overwatch League rules require that each player be retained by contract with their team.159 While the Overwatch League’s rules state that each player must be an employee of their respective team,160 the LCS states that each player may not be an employee of Riot Games.161 Despite the difference in language, both provisions either imply or explicitly state that esports players should be considered employees of their respective teams at the very least. Keywords: association; bargaining; board; employees; esports; esports players; game; labor; law; lcs; league; note; overwatch; players; professional; riot; rules; supra; supra note; teams; union
• So You Want to Start a Health Plan?: Federal Laws Supporting and Undermining the Creation of PSHPs by Reed, Matthew D. (2021) - This Note hopes to uncover how PSHPs are benefiting healthcare providers, what recent changes to federal law are incentivizing providers to create PSHPs, and how PSHPS can be structured to take advantage of these laws while withstanding some federal legal pitfalls which might get in the way of PSHP success. In the healthcare industry, typically healthcare providers are two separate entities who a very close, although at time strenuous, relationship. Keywords: act; c.f.r; data; federal; health; health insurance; health plan; healthcare; insurance; law; market; medicare; phi; physician; plan; provider; pshp; quality; reimbursement; risk; section; services; supra note; value; way
• From the Playhouse to the Courthouse: Indiana's Need for a Statutory Minimum Age for Juvenile Delinquency Adjudication by Watson, Travis (2021) - In theory, any child committing a crime in Indiana, no matter how young, could be arrested, processed through the juvenile justice system, and sentenced to serve time in a detention facility.89 Unlike upper age limits, there is no consistency when it comes to states’ minimum age laws.90 Because of juvenile courts shifting to resemble adult courts, states have passed legislation to offer protections for young children by not allowing them to be subject to the juvenile justice system’s jurisdiction.91 States that have minimum age legislation take different approaches to how laws are written and enforced.92 Most states simply have an absolute bar on juvenile jurisdiction based on age alone.93 Along with an absolute bar, other states 84. 18 U.S.C. § 5031 (2018). 85. In recent years, juvenile justice systems have increased the number of substance abuse programs to keep up with the demand of juveniles needing assistance, however, it is still not enough to keep up with the growing drug epidemic in the United States.158 A statutory minimum age will allow children the opportunity to get quicker, more specialized, private treatment by not having to spend time going through the juvenile justice system where their individual needs may not be met. Keywords: age; child; children; code; court; indiana; jurisdiction; justice; justice system; juvenile; juvenile justice; law; laws; minimum; minimum age; note; states; supra; supra note; system; united
• Federalizing Tax Justice by Avi-Yonah, Reuven; Avi-Yonah, Orli; Fishbien, Nir; Xu, Haiyan (2021) - Tax benefits were used to incentivize those who chose to live in border towns and other areas that were commonly affected by the many wars with surrounding Arab countries in the north and south of Israel. With its relatively short, but complex, history and a sharp and fast economic growth, Israel sets a great study case for an extensive, and many times politically controversial, use of tax benefits. Keywords: 348943-ilr-53-3_text.indd; am12/14/20; areas; benefits; china; credit; econ; equalization; federal; government; heartland; income; investment; israel; jobs; law; new; opportunity; people; percent; puerto; rate; regional; regions; rico; section; states; target; tax; u.s; united; wages; zone
• Nothing Seemingly Works in Sentencing: Not Mandatory Penalties; Not Discretionary Penalties--But Science Has the Answer by Bagaric, Mirko; Wolf, Gabrielle; McCord, Daniel (2021) - Adam Gopnik has written in The New Yorker about United States prisons’ “harshness and inhumanity.”71 This is the number of prisoners that are in United States prisons and jails for non-violent or sexual offenses. Keywords: crime; criminal; crisis; drug; federal; guidelines; incarceration; justice; law; laws; life; mass; new; numbers; offenders; offenses; penalties; percent; prison; prisoners; rates; reforms; risk; sanction; sentences; sentencing; states; states sentencing; supra; system; u.s; united; united states; years
• Psychiatry in the Courtroom: Relying on the American Psychiatric Association's Manuals to Resolve Disputes About Personal Status by Dolgin, Janet (2021) - In these cases, courts relied on DSM diagnostic categories in order to discern the implications of parental substance abuse (categorized among DSM mental disorders). Psychologists join psychiatrists in relying on and interpreting DSM diagnostic categories. Keywords: abuse; cases; categories; child; children; court; diagnosis; disorder; drake; dsm; dsm-5; dysphoria; gender; health; law; manual; mental; note; parent; psychiatric; rights; substance; substance abuse; supra; transgender; use
• Dual Allegiance: Federal and State Treason Prosecutions, the Treason Clause, and the Fourteenth Amendment by Gouzoules, Alexander (2021) - The following analysis of state treason law, however, demonstrates that prosecutions for state treason could be (and have been) undertaken for conduct falling beyond the scope of the federal Constitution’s Treason Clause. 2020] DUAL ALLEGIANCE 601 correspondence with an Enemy,” he nonetheless voted for the enhanced evidentiary standard, which was adopted.60 But what would become of state treason laws? Keywords: act; allegiance; american; art; brown; cases; charge; const; constitution; court; crime; federal; government; john; law; new; prosecutions; rev; rights; state; state treason; supra note; treason; treason clause; treason law; treason prosecutions; trial; u.s; united; united states; virginia; war
• It's Bullying That Killed Me: How to Combat Bullying in Indiana Schools Through Effective Legislation by Abel, Edmund (2021) - Part I of this Note will examine the steps the Indiana General Assembly has already taken to prevent bullying in Indiana schools. If the cyberbullying was done on a platform such as Facebook or Twitter, the school should notify that service as well.229 Also, if a school receives a report of a threat of serious bodily harm, sexual abuse, or use of a weapon; it should be referred to the proper authorities immediately.230 Other than these requirements, Indiana schools should be able to continue to develop their own incident reporting procedures. Keywords: bullying; code; cyberbullying; data; idoe; incidents; indiana; kenney; law; laws; legislation; model; note; policies; public; reporting; roman; school; state; students; supra; year
• Back in My Day, We Had Rights: The Med-Arb Solution to Mandatory Arbitration Clauses in Indiana Nursing Home Admissions Contracts by Allen, Marina Cherice (2021) - In Kindred, the Court reviewed Kentucky’s “clear-statement rule,” a statute requiring that patient powers of attorney must explicitly authorize their agents to enter into nursing home arbitration agreements for such agreements to be enforceable.23 Ultimately, the Court held that the statute violated the Federal Arbitration Act (the “FAA”), a law meant to enforce arbitration agreements between parties at both the state and federal level.24 Though Kindred was an issue of first impression for the Court, the Supreme Court’s long track record of supporting the FAA’s preemptive powers made the Kindred decision largely predictable.25 Creating such a chapter for nursing home arbitration would be incredibly practical; it could outline the basics as to who can participate in med-arb, how the med-arb process must generally operate, and when the neutral third-party is obligated to switch from the mediation stage to the arbitration stage. Keywords: admissions; agreements; app; arbitration; care; contract; court; dispute; faa; health; home; indiana; law; med; mediation; n.e.2d; note; nursing; nursing home; parties; patient; process; resolution; supra; term
• Miranda in the Modern School: The Blurry Application of a Bright-Line Rule by Chastain, Raelynn (2021) - The Public Safety Exception When crafting new policies regarding school resource officers, the Indiana legislature and judiciary must remember that the primary goals of student interrogations are to maintain student safety and school discipline.180 So, Miranda’s key exception—public safety—still applies in schools in cases of imminent danger.181 When school officers face a pressing need to secure the safety of students, Miranda warnings may be bypassed.182 Determining which situations qualify under the public safety exception requires additional analysis. Anytime an Officer Questions Another bright-line option is to consider students presumptively in custody, signaling the requirement of a Miranda warning, whenever police question children in school.256 Or at minimum, the custody threshold should be lowered in school settings.257 This test is not meant to deter school resource officers from doing their jobs.258 In fact, the Indiana Supreme Court emphasized in B.A. that its decision does not mean that school resource officers must completely avoid placing students under custodial interrogation—students sometimes commit crimes that require investigation—but school officers must give Miranda warnings and follow Indiana’s juvenile waiver statute when conducting such interviews.259 Still, the Indiana Supreme Court may have been intentionally vague, potentially in an effort to give educators some leeway.260 Keywords: b.a; court; custody; indiana; interrogation; law; miranda; note; officers; police; school; state; students; supra; supreme; u.s
• Back Matter by Law Review, Indiana (1982) - [Vol. 15 The Interpretive Rule Exemption: A Definitional Approach to Its Application 875 Physician Liability for Failure to Resuscitate Terminally 111 Patients 905 The Surrogate Mother Contract in Indiana 807 Trademarks and Look-Alike Drugs 733 Vol. 15 TABLE OF CASES Page A.F.E. Industries, Inc., Shanks v. 296 AFSCME, County Department of Public Welfare v. 273 Al E. & C. Ltd., Reliance Insurance Co. v. 299 AMF Beaird, Inc., Hervey v. 411 Aaron v. Review Board of the Indiana Employment Security Division 13 Abbott Laboratories, Sindell v. 687 Abell v. Clark County Depart- ment of Public Welfare 74 Abrams, In re 716 Ach v. Commissioner 656 Achiro v. Commissioner 661 Adams v. Luros 80, 430 Adams v. State 795 Addis, Speiser v. 338 Addison v. Review Board of Indiana Employment Security Division 10 Aetna Life Insurance Co., Dan Purvis Drugs, Inc. v. 31 Air Pollution Control Board, Solar Sources v. 27, 74 Alexander, Anderson Federa- tion of Teachers v. 269 Allen County Plan Commis- sion, Schenkel v. 16 Allgood, Manning v. 92 Allied Mills, Inc., Department of Treasury v. 416 Aluminum Co. of America, Cunningham v. 458 Amax Coal Co., Baumhol- ser v. 449 American Automobile Insurance Co. v. Spieker 265 American Dairy of Evansville, Indiana Department of State Revenue v. 415 American Fletcher Mortgage Co. v. U.S. Steel Credit Corp. 47 American Interinsurance Exchange, United Services Automobile Association v. 255 Page American Leasing, Inc. v. Maple 110 American Playground Device Co., Mills v. 80 American Underwriters, Inc., Indiana Insurance Co. v. 253 Amermac, Inc. v. Gordon 291 Anderson, Thomas v. 907 Anderson Federation of Teach- ers v. Alexander 269 Andrus v. P-Burg Coal Co. 145 Andrus, State v. 152 Anonymous, In re Adoption of 783 Apostal, Crestwood Park, Inc. v. 406 Area Plan Commission, Hills v. 16 Argyelan v. Haviland 346 Arnett, General Motors Corp. v. 81, 399, 451 Arnold v. Dirrim 38 Arnold, Herman v. 204 Astec Industries, Inc., Lantis v. 298 Atkinson v. City of Marion 136 Atwood v. Davis 429 Auburn Machine Works Co. v. Jones 797, 805 Automobile Underwriters, Inc., Home Mutual Insurance Co. v. 262 B B & M Coal Corp., Bot- toms v. 98, 287 B.C.L. Enterprises, Inc., Davis v. 403 Bailey, Krueger v. 95 Bailey v. State 133 Baird, In re Estate of 192, 194 Baize, Snodgrass v. 250, 398 Baker v. Chambers 368-69 Balgemann, In re 871 Ball Stores, Inc. v. State Board of Tax Commissioners 75 Banta, Shaunki v. 219 English, Purcell v. 435 Equitable Life Assurance Society, William S. Deckelbaum Co. v. 365 Erdman v. White 96 Estate of Gillilan v. Estate of Gillilan 187 Evans v. Huss 90 Exxon Corporation v. FTC 149 F. J. v. State 134 FTC, Exxon Corp. v. 149 FTC, Jaymar-Ruby, Inc. v. 22, 149 Falender Development Corp., Mid-America Marketing, Inc. v. 350 Farm Bureau Insurance Co., Hockelberg v. 264 Featherston v. Stanton 8 Federated Mutual Insurance Co., Indiana Insurance Co. v. 253 Ferry-Morse Seed Co., Stum- ler v. 121 Fetter, Pennycuff v. 352, 437 Fibreboard Paper Products Corp., Borel v. 680, 832 Finch, Pharmaceutical Manufac- turers Association v. 882, 886 Page First Federal Savings & Loan Association, Indiana Bankers Association v. 85 First National Bank, Pearson v. 356, 387 Fisher v. Liberty Loan Corp. 611 Flaharty, McDonnell v. 450 Fleetwood Corp. v. Mirich 433 Fletcher, Stoneburner v. 360 Flipside, Hoffman Estates, Inc. v. Village of Hoffman Estates 135 Flook, Parker v. 713, 719 Florida, Profitt v. 160 Foglesong v. Commis- sioner 642, 652, 659, 666 Ford, Powers v. 372 Foremost Life Insurance Co. v. Department of Insurance 399 Forman, United Housing Foundation v. 50 Fort Wayne Patrolman's Benevolent Association, Inc. v. City of Fort Wayne 275, 277 Forth v. Forth 200 Forty-Eight Insulations, Inc., Insurance Co. of North America v. 838 Foster v. New 444 Foster v. Review Board of Indiana Employment Security Division 6, 18, 127 Fox v. Commissioner 644 Frampton v. Central Indiana Gas Co. 55, 463 Frank G. Hough Co., Pike v. 801 Fred's Frozen Foods, Inc., Needham v. 462 Freeman, In re 718 Friedland, In re 309 Froberg v. Northern Indiana Construction, Inc. 391 Funk Bros. Seed Co., v. Kalo Inoculant Co. 720 G Gagne, Maher v. 72 Galloway, Nate v. 332 Gannett Co. v. DePasquale 144 Garvey Grain Co. v. Director, Office of Workers' Compen- sation Programs 469 INDIANA LAW REVIEW Keywords: american; association; bank; board; city; co.; commissioner; corp; county; department; division; employment; general; inc; indiana; indiana department; indiana employment; indiana insurance; indiana state; insurance; insurance co.; law; liability; mutual; national; page; products; public; rel; revenue; review; review board; school; security; service; state; tax; united; vol; welfare
• Survey of Indiana Administrative Law by Hadley, Vivek; Carlisle, Alexander (2021) - ACCESS TO JUDICIAL REVIEW A. Final Agency Action Practitioners should be aware that not only do administrative agencies receive substantial deference when challenged in a court. C. Remote Interaction with Agency In Bailey v. Review Board of Indiana Department of Workforce Development,139 the court considered an issue that will likely affect all practitioners at some point in their future careers, particularly in light of stay- home orders and government office closures issued in Spring 2020 as a result of the coronavirus pandemic: remote access to administrative agencies. Keywords: administrative; agency; appeals; board; code; court; decision; eagle; ind; indiana; interpretation; law; n.e.3d; order; review; statute; trial; zoning
• Banking, Business, and Contract Law by Sullivan, Jr., Frank (2021) - BANKING, BUSINESS, AND CONTRACT LAW FRANK SULLIVAN, JR.*,** This Article surveys banking, business, and contract law decisions of the Indiana Supreme Court (“Supreme Court”) and Indiana Court of Appeals (“Court of Appeals”) between September 1, 2018, and August 31, 2019. Justice, Indiana Supreme Court (1993-2012). Keywords: agreement; appeals; banking; breach; business; case; champlain; contract; contract law; court; creditor; damages; evidence; inc; ind; indiana; judgment; law; llc; n.e.3d; note; parties; statute; supreme; supreme court; time; trial; trial court
• Continued Progressions Toward Irrelevance? Indiana State Constitutional Law Summaries--2018-2019 by Chinn, Scott; Pulliam, Daniel E.; Little, Elizabeth M. (2021) - ”254 Notably, during the survey period, Indiana appellate courts did not issue any published opinions on Indiana’s sex offender registry, although it did address a related offense in Kirby of unlawful entry. If trial courts want to avoid that result, they may simply reject “fixed sentence” plea agreements.201 Judge Baker dissented on the basis that the General Assembly’s amendments were an intent to loosen the rules governing sentence modifications and in a manner in conformance with Article 1, Section 18 of the Indiana Constitution, which states that the “penal code shall be founded on the principles of reformation, and not of vindictive justice.”202 Keywords: appeals; article; constitution; court; defendant; evidence; indiana; indiana law; law; n.e.3d; right; school; search; section; state; statute; supreme; trial; trial court
• 2019 Developments in Indiana Evidentiary Practice by Flora, Colin E. (2021) - 502. 2021] EVIDENCE 911 attention during the survey period, Indiana courts had ample opportunity to address privileges ranging from attorney-client to insurer-insured privilege. ”196 Other guidance into Indiana’s privilege law from beyond Indiana courts came from the Maryland Court of Special Appeals.197 Addressing whether spousal privilege may be pierced if the marriage is shown to be a sham, the court noted that while “Indiana has refused to create a judicial exception, . . . Keywords: app; appeals; child; citation; court; defendant; evidence; evidence rule; expert; hearsay; ind; indiana; indiana court; indiana evidence; issue; law; marks; n.e.3d; party; person; privilege; quotation; r. evid; review; rule; state; statements; testimony; trans; trial; trial court; v. ind; v. state; witness
• Front Matter by Law Review, Indiana (1983) - V. Prince, 444 Noel V. General Finance Corp., 337 Oakhill Cemetary of Hammond, Inc. V. Tri-State Bank, 44 O'Brien v. State, 115 1983] TABLE OF CASES IX I Och V. State, 319 Ohio Table Pad Co. v. Hogan, 227 Olinger Construction Co. v. Mosbey, 436 Otte V. Te^sman, 66 Oxendine v. Public Service Co., 283 n.2 Park 100 Development Co. v. Indiana Department of State Revenue, 366 Parrish v. Terre Haute Savings Bank, 336 Pasley v. American Underwriters, Inc., 332 Patterson v. State, 191 Pearson v. First National Bank, 322 Perez v. United States Steel Corp., 11-13 Perry v. NIPSCO, 387 Perry Local Educators' Association V. Hohlt, 108 Perry Township v. Hedrick, 347 Peters v. Poor Sisters of Saint Francis Seraph, 229 R Razo v. State, 203 Reynolds Metals Co. v. Indiana Department of State Revenue, 361 Richardson v. Citizens Gas & Coke Utility, 301 Ricketts v. State, 163 Rife V. State, 165 Riverside Insurance Co. v. Pedigo, 208 Rosander v. Copco Steel & Engineering Co., 398 Rowland v. Amoco Oil Co., 318 Rust V. Guinn, 396 Saint Mary of Nazareth Hospital Center V. Department of HHS, 345 Santosky v. Kramer, 171 Satterthwaite v. Estate of Satterthwaite, 420 School City of East Chicago v. East Chicago Federation of Teachers, Local 511, 233 Schuler v. Langdon, 327 Sekerez v. Gehring, 75 Seymour National Bank v. State, 117, 411 Shelby Federal Savings & Loan Association v. Doss, 322 Sheridan v. Town of Merrillville, 1 Shettle V. Sheaver, 20 Shettle V. Smith, 16 Shoaf V. City of Lafayette, 2 Shull V. State, 271 Shumaker v. State, 166 Smith V. Bruning Enterprises, 326 Southwest Parke Education Association V. Southwest Parke Community School Trustee's Corp., 236 Sowers v. Sowers, 75 Sparkman v. State, 165 Sports, Inc. v. Gilbert, 379 Stanley v. Kelley, 226, 406 Stanton v. Smith, 22, 346 State Board of Tax Commissioners v. South Shore Marina, 18, 367 State Department of Administration v. Sightes, 234 State ex rel. 6 Gower v. Gower, 185 Griese-Traylor Corp. v. Lemmons, 58, 321 Grisell v. Consohdated City of Indianapolis, 3 Guy V. Schuldt, 416 H H.W.K. V. M.A.G., 189 Hahn v. Ford Motor Co., 85 Hales & Hunter Co. v. Norfolk & Western Railway, 69 Hartwig v. Brademas, 290 Hasty V. Hasty, 290 Hiatt V. Brown, 392 Hicks V. Fielman, 333. 420 Hill V. State, 154 Hines v. Behrens, 324 Hodel V. Indiana, 299 n.75 Holland v. Taylor, 221 Hoosier Insurance Co. v. Mangino, 206 Hoosier Plastics v. Westfield Savings & Loan Association, 322 Howard v. City of Kokomo, 2 Huff V. White Motor Corp., 250 Hundt V. LaCrosse Grain Co., 64 Husted V. McCloud, 279 I In re CTS Corp., 34 In re Contempt Findings Against Schultz, 111 In re Deardorff, 268 In re Estate of Williams, 418 In re Frey, 334 In re G.L.A., 190 In re Harte, 335 In re Holtkamp, 335 In re Johnson, 335 In re Lintz West Side Lumber, Inc., 318, 335 In re Little Walnut Creek Conservancy District, 77 In re Maitlen, 334 In re Marriage of Bradley, 186 In re Marriage of Church 185 In re Marriage of Ginsberg, 174 In re Marriage of Hudak, 329 In re Marriage of Hudson, 60 In re Marriage of Bobbins, 74 Keywords: a.b; associate; bepko; co.; college; corp; department; gerald; inc; indiana; indiana law; indiana university; indianapolis; j.d; law; professor; review; school; state; university
• Developments in Intellectual Property Law: October 1, 2018--September 30, 2019 by Carter, R. Trevor; Hayden, Leslie B.; Dodge, Reid E. (2021) - This substantial body of law includes Supreme Court authority—which implicitly suggested “that a sale or offer of sale need not make an invention available to the public”35—and Federal Circuit authority—which has “long held that ‘secret sales’ can invalidate a patent.”36 In Return Mail, Inc. v. U.S. Postal Service, the Supreme Court issued an opinion holding that a United States federal agency is not a “person” that can institute one of the three types of patent review proceedings (inter partes review, post-grant review and covered-business-method review) authorized by the America Invents Act.68 A. Background The AIA, which was enacted in 2011, provides three types of administrative proceedings for reviewing and seeking to invalidate claims of an issued patent, all three of which can be initiated by a “person.”69 Keywords: circuit; copyright; court; engine; federal; government; inc; law; office; patent; registration; review; sale; section; u.s.c
• Recent Developments in Indiana Tort Law by Kruse, Paul S.; Morris, Larry L.; Boyle, Heather D.; Moore, Katherine M. (2021) - The court determined the applicable statute of limitations for an ELA claim is ten years,134 not six years.135 The court conducted a detailed analysis, considering earlier court of appeals cases and the history of the ELA statute.136 The mini-CERCLA statutes did not authorize the City to bring a claim for its remediation costs and damages.137 As for the nuisance claim, the City agreed the six-year statute of limitations under Indiana Code section 34-11- 2-7(3) applied, but argued the contamination was a “continuing nuisance” creating a new statute of limitations as long as the nuisance continued.138 The court explained that with a continuing nuisance, each activity is a new and separate injury giving rise to a new cause of action.139 But to file a timely action, the activity itself must be ongoing less than six years before suit is filed.140 Because the Foundry ceased operations and therefore ceased the activity causing contamination more than six years before suit was filed, the City’s nuisance claim was untimely.141 B. Farmland Nuisance—Right to Farm Act In Himsel v. Himsel,142 the court of appeals held that landowners did not have an actionable claim against neighboring farmers because the Right to Farm Act 128. [Vol. 53:1029 real-life athletes to compete against other participants’ teams.219 Certain participants win cash prizes based on their fantasy team’s performance.220 Three collegiate student-athletes filed a class-action lawsuit alleging the defendants violated their right of publicity by using the athletes’ names and likenesses without their consent.221 The case was removed to federal court and dismissed; the plaintiffs appealed to the Seventh Circuit, which certified the following question to the Indiana Supreme Keywords: appeals; court; duty; inc; ind; indiana; law; n.e.3d; safety; school; trial
• Administrative Law by Smith, Scott A. (1983) - See, e.g., Ind. Code §§ 22-3-4-8, 22-3-7-27 (1982) (thirty-day period for filing assignment of errors with the court of ap- peals in Industrial Board cases); Ind. Code §§ 8-1-3-1 to -12 (1982) (thirty-day period for filing assignment of errors with court of appeals in Public Service Commission cases). The comparative ease with which reviewing courts may reverse erroneous agency interpretations of law, however, may be threatened by at least one case decided during the survey period dealing with the doctrine of legislative acquiescence. Keywords: administrative; agency; app; board; court; fact; findings; hearing; ind; indiana; law; n.e.2d; review
• Business Associations by Galanti, Paul J. (1983) - The decision, however, is not binding on Indiana courts. For example, Indiana courts have long prohibited former employees from using trade secrets of employers where there was an understanding that the trade secrets would not be utilized after the employment relationship ended,^*^ but the perimeters of the law were ill-defined. Keywords: act; app; business; co.; code; corporation; court; general; gfc; indiana; indiana act; indiana law; law; limited; n.e.2d; note; partnership; secret; section; securities; survey; trade; u.s; uniform
• Commercial Law by Bepko, Gerald L. (1983) - These transactions, although not within the definition of consumer credit sales or loans, may be within the defini- tion of consumer related sales or loans. Ind. Code §§ 24-4.5-1-101 to -6-203 (1982) contain Indiana's version of the UCCC. Keywords: code; consumer; contract; court; general; ind; indiana; law; trial; ucc
• Constitutional Law by Johnson, Carlyn E. (1983) - 'Ud. at 1315. ''Id. 'Id. (emphasis added by court) (quoting Friendship Medical Center, Ltd. v. Chicago Bd. of Health, 505 F.2d 1141, 1153-54 (7th Cir. 1974), cert, denied, 420 U.S. 997 (1975)). As a result, Schultz was found in contempt of court on 27 occasions and given three month consecutive sentences for each offense. Keywords: abortion; code; court; f.2d; indiana; jury; law; n.e.2d; school; state; statute; u.s
• Criminal Law and Procedure by Johnson, Stephen J. (1983) - Conversation with Richard P. Good, member of Criminal Law Study Commission (June 25, 1982). ''See Ind. Code § 35-3.1-l-l(d) (Supp. 1981) (repealed 1982). . 'See Ind. Code § 35-36-2-1 (1982). Keywords: app; arrest; case; code; court; criminal; date; defendant; hearing; ind; indiana; law; n.e.2d; new; officer; omnibus; person; procedure; state; statute; trial; trial court; v. state
• Evidence by Karlson, Henry C. (1983) - Professor Seidman in his work on Indiana evidence states: Since there is 1983] SURVEY-EVIDENCE 193 to testify, he should be called to the witness stand to enable the trier of fact to observe the declarant's demeanor while testifying to the disputed facts. In addition to the misapplication of United Farm Bureau, the court's holding also brings Indiana evidence law into conflict with the Federal Rules of Evidence. Keywords: app; court; evidence; ind; indiana; law; n.e.2d; notice; state; statement
• Labor Law by Archer, Edward P. (1983) - the city had adopted a voluntary policy for collective bargaining with its non-teaching employees that was expressly conditioned upon all members of the employees' organization being school employees and upon all negotiating representatives of the employees' organization being school employees or attorneys. [could not] simply ignore an award that has been made and then ask to be given its day in court when, in frustration, the other party is driven to institute suit for enforcement of the award. Keywords: arbitrator; award; bargaining; case; court; ind; indiana; law; n.e.2d; school
• Products Liability by Leibman, Jordan H. (1983) - It should also be noted that diversity cases have had an unusually per- vasive influence on Indiana product liability law. Allis-Chalmers attempted to equate its submitted instruction with that pervasive maxim of Indiana product liability law which states that a manufacturer is not an insurer against all accidents^^ in which its product is involved. Keywords: app; appeals; cause; conder; court; danger; hull; indiana; law; liability; manufacturer; n.e.2d; product; supreme
• Professional Responsibility by Jackson, Donald L. (1983) - Although courts have refused to allow individuals to contractually avoid or assign liability for punitive damages,^ Husted appears to stand for the proposition that one can contractually subject himself to liability for punitive damages via a partnership agreement. *® In Cowell V. Duckworth,^^ the petitioner sought a writ of habeus corpus after he had been tried and convicted of first-degree murder in state court and sentenced to life imprisonment. Keywords: attorney; client; court; ind; indiana; law; n.e.2d; partnership; professional; state
• Property by Krieger, Walter W. (1983) - Courts can only enforce contracts made between the parties, not create new ones, and in this case the court of appeals found that the oral agreement was '''Id. at 1344 (citing Ind. Code § 30-1-9-8 (1982)) Some courts have held that only the minerals are conveyed by a mineral deed, and that the space, once the minerals have been removed, remains with the surface estate.^^^ Other courts have held that the owner of the mineral estate, which includes oil and gas, should be considered as having the right to use the strata for all purposes relating to minerals whether native or injected, absent contrary language in the deed.^^^ Had the court in Richardson found that the deed to Richardson conveyed to him the oil and gas interest, an inte- resting question would have arisen in the condemnation action as to ''Id. '5ee, e.g.. Pyramid Coal Corp. v. Pratt, 229 Ind. 648, 99 N.E.2d 427 (1951); also Annot., 25 A.L.R.2d 1245 (1952). Keywords: agreement; appeals; coal; court; easement; estate; gas; ijams; ind; indiana; interest; land; law; n.e.2d; notice; parties; property; title; trial court
• Secured Transactions and Creditors' Rights by Townsend, R. Bruce (1983) - Miller v. Clark, 23 Ind. 370 (1864) (arrears of alimony may be collected by administrator after death). '421 N.E.2d 716 (Ind. Ct. ^^Terkinson v. Woody, 419 N.E.2d 1306 (Ind. 1981) (declaring Ind. Code § 39-2-l-ll(c) unconstitutional in violation of supremacy clause). '''In re Pappas, 661 F.2d 82 (7th Cir. 1981) (applying 11 U.S.C. § 35(a)(2) (1976) which was repealed in 1978; current version at 11 U.S.C. § 523(a)(2) (Supp. Keywords: app; bank; case; code; contract; court; debtor; ind; indiana; interest; judgment; law; lien; mortgage; n.e.2d; note; notice; property; sale
• Social Security and Public Welfare by Wright, R. George (1983) - Appeal of general assistance aid denials in Indiana is discussed in Note, General Assistance Programs: Review and Remedy ofAdministrative Actions in Indiana, 47 Ind. L.J. 393 (1972). ''See Ind. Code § 12-2-1-6.3 (1982). ''Id. § 12-2-1-18. ^^It might be said that the trustee owes a divided quasi-fiduciary duty to both current claimants and to future claimants, with the latter embodying the value of the integrity of funding. A. Indiana Medicaid Law 1. Keywords: case; cir; claimant; code; court; f. supp; f.2d; ind; indiana; law; medicaid; social; state; supp; welfare
• Taxation by Boyd, John W. (1983) - For instance, the new accelerated cost recovery system (ACRS),^^ which effectively replaces the federal depreciation system^^ with respect to assets placed in service during 1981, was not made effective for Indiana tax purposes until 1982.^® That is, ACRS does not apply to Indiana taxpayers until tax years which began after 1981. Taxation John W. Boyd* A. Introduction While the 1981-82 survey period brought radical changes and significant developments in the area of federal tax law through, most significantly, the enactment of the Economic Recovery Tax Act of 1981 (ERTA),^ the same cannot be said with respect to case and statutory developments in the area of Indiana tax law. Keywords: code; court; department; gross; income; income tax; ind; indiana; law; n.e.2d; revenue; state; tax
• Torts by Mead, Susanah M. (1983) - App. 1978) where court found that if engineering firm assumed the supervision of safety at a construction site, a relationship would exist that would create a duty to supervise the project in the manner of a reasonably prudent man). However, courts regularly interject limitations on strict liability on the basis of something in the nature of proximate cause. Keywords: action; app; appeals; case; claim; control; court; damages; defendant; duty; inc; ind; indiana; law; liability; medical; n.e.2d; plaintiff; section; supreme court; torts; trial court
• Trusts and Decedents' Estates by Falender, Debra A. (1983) - ^This new chapter has replaced Ind. Code §§ 30-2-9-1 to -8 (1976 & Supp. 1981), 1983] [Vol. 16:415 lect assets of the incompetent in Indiana by affidavit,*^ that a foreign guardian may act in Indiana by filing authenticated copies of his appointment,^^ and that a foreign guardian submits personally to the jurisdiction of the Indiana courts if he collects assets or files copies of his appointment or does any other act as guardian in Indiana that would have given Indiana courts jurisdiction over him as an individual.^^ Keywords: appointment; court; donee; estate; ind; indiana; law; n.e.2d; power; trust
• Back Matter by Law Review, Indiana (1983) - If you practice criminal law, you need . . . ^- ^ - ^ : The CRIMINAL LAW REPORTER V / BNA's all-in-one-place, authoritative information service that • alerts you to all major changes in criminal law • cuts down on your reading load • saves you time for the actual practice of law BNA's CRIMINAL LAVV REPORTER covers everything in the fast-changing criminal law field from interpretation and application of existing criminal law as reflected in the opinions and proceedings of courts at every level ... to formu- lation of new legislation . . . Keywords: criminal; evidence; indiana; law
• Front Matter by Law Review, Indiana (1983) - Time for the United States Supreme Court to Clarify the Due Process Defense 581 Crossed Signals: Copyright Liability for Resale Carriers of Television Broadcasts 611 Volume 6 Spring 1983 Number 2 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published quarterly by the Indiana University School of Law — Indianapolis, which assumes complete editorial responsibility therefor. B.S., Bradley University, 1950; J.D., Indiana University, 1965. Keywords: a.b; associate; college; indiana; indiana university; j.d; law; professor; school; university
• Professional Team Sports New Legal Arena: Television and the Player's Right of Publicity by Quinn, James W.; Warren, Irwin H. (1983) - [Vol. 16:487 The subject of television and cable rights is clearly not an illegal subject and it would certainly be proper for the owners and union to bargain about such rights and the allocation of income therefrom. RIGHT OF PUBLICITY 509 sports field, the history of players' express reservations regarding television rights over the last ten years further reveals the weakness of a waiver theory. Keywords: baseball; broadcasting; cable; cir; co.; court; ettore; f.2d; inc; law; league; players; professional; publicity; right; sports; supp; team; television
• Edgar v. MITE Corp.: The Death Knell for the Indiana Takeover Offers Act by Carroll, Jan (1983) - The fact that the Illinois statute con- tained similar language to provisions of the 1975 Indiana Act raises the inference that the Indiana law was used as a model. The same criticism can be made of the current Indiana Act. Keywords: act; ann; court; illinois; indiana; law; offer; state; supp; takeover; target; tender; williams; williams act
• Back Matter by Law Review, Indiana (1983) - You get full text of Supreme Court decisions and select lower court opinions. Indexed. ANTITRUST & TRADE REGULATION REPORT Weekly reports on FTC and Justice De- partment's Antitrust Division activities; legislative developments; Supreme Court arguments, opinions, and orders; decisions of other courts; changes in state antitrust and trade regulation; private litigation; class actions; suits for injunctions; and treble damage cases. Keywords: address; court; decisions; immigration; indiana; law
• Front Matter by Law Review, Indiana (1983) - 753 Volume 16 Summer 1983 Number 3 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published quarterly by the Indiana University School of Law — Indianapolis, which assumes complete editorial responsibility therefor. B.S., Bradley University, 1950; J.D., Indiana University, 1965. Keywords: a.b; associate; college; indiana; indiana university; indianapolis; j.d; law; professor; school; university
• The Indiana Home Rule Act: A Second Chance for Local Self-Government by Barnhizer Rivas, Susan (1983) - Reciting the rule that doubtful claims of local power are resolved against the municipality, the court of appeals held, in essence, that cities were powerless to respond to their problems without explicit authorization from the General Assembly. HOME RULE 685 remain under the Home Rule Act: state preemption, local power to affect private relationships, and the local affairs limitation.^^ A. State Preemption Home rule cannot flourish as long as ordinances governing local concerns are subject to preemption by state legislatures.^* Keywords: act; cities; courts; home; home rule; ind; indiana; law; note; ordinance; powers; rule; state; statute; supra
• Seymour National Bank v. State Interprets the Indiana Tort Claims Act: Can the Enforcers Do No Wrong? by Randall, Richard L. (1983) - * Prior to the passage of the Tort Claims Act, Indiana case law provided that private citizens injured as a result of negligent or reckless law enforcement acts could state a cause of action against governmental units. * The 1973 bill provides an indication that the legislature did not seek to codify Indiana case law when it attempted to address the issue of immunity. Keywords: act; claims; court; decision; enforcement; immunity; ind; indiana; law; law enforcement; n.e.2d; state; tort
• Crisis and Cultural Evolution: Steering the Next Normal from Self-Interest to Concern and Fairness by Bohrer, Robert A. (2021) - Tort law, after all, reflects both our values and the compromises we make to accommodate our desire for economic growth and our concern for persons who have been injured, while contract law provides the basic framework for our economic lives. If tort law balances resources and compassion, contract law provides the framework with which we order our work lives and our non-work transactions with others—from online purchases to cable service and travel. Keywords: bender; care; chicago; contract; crisis; economics; evolution; feminist; interest; justice; law; liability; new; note; rawls; review; self; social; society; supra; theory; time; tort; work; world
• Treating Addiction in the Clinic, Not the Courtroom: Using Neuroscience and Genetics to Abandon the Failed War on Drugs by Brown, Teneille R. (2021) - A comprehensive study by the World Health Organization found that drug addiction ranked at the top of a list of eighteen stigmatized social problems.12 Among mental illnesses, which, as a group, are quite stigmatized, drug addiction ranks as the most stigmatized disorder, with lay people rating “addicts” as more dangerous, less predictable, and more to blame for their disorders than people with depression or schizophrenia.1 3 With blame comes moral judgment.14 Studies have shown that the way we talk about addiction matters, and can exacerbate stigma.15 Because the word “addict” carries with it such negative connotations, and conflates the disorder with the individual, the preferred language is to refer to addicts as people with substance use disorder (SUD).1 6 However, as this Article is exploring the very underpinnings of these negative connotations and the social response to the label of “addict,” I will sometimes 8. [T]he group viewed as most to blame for their condition (people with drug addictions) is also perceived as most able to overcome it.”). Keywords: addiction; addiction treatment; behavior; brain; brain disease; choice; clinic; crisis; dependence; disability; disease; disease model; disorder; drug; drug addiction; drug use; et al; health; idm; illness; individuals; law; medical; model; note; opioid; oud; people; public; recovery; review; risk; stigma; substance; sud; supra; supra note; treatment; use
• Political Climate and Catastrophes: The Effects of Notorious Events on Public Library Collections, Both Then and Now by Custer, Joseph A. (2021) - The propaganda storybooks were placed in evidence at the Nuremberg Trials to demonstrate the laying of the groundwork for the Final Solution.21 Streicher was sentenced to death at Nuremberg.22 This paper explores four different cases in the early 1950s of “Red Scare” tactics that influenced the freedoms that patrons using public libraries have enjoyed.23 The paper will also examine, at various points, the censorship parallels in the early 1950s to the contemporary political climate and the fallout of the Great Depression to the current catastrophe, COVID-19. CONCLUSION Can the politics of today replicate the early 1950s and its censorship effects on public libraries? Keywords: american; bartlesville; board; books; boston; brown; catastrophes; censorship; chairman; city; climate; cohn; communist; department; freedom; information; june; law; libraries; library; library board; mccarthy; new; oct; overseas; people; post; president; public; public library; review; robbins; state; statement; supra; supra note; trump; united; voa; world
• Challenging Gender Discrimination in Closely Held Firms: The Hope and Hazard of Corporate Oppression Doctrine by Miller, Meredith R. (2021) - Section II will explore the doctrine of minority shareholder oppression, both as an instrument of enforcing fiduciary obligations and as a statutory mechanism to petition for dissolution or seek other equitable relief. This is the case even though the firm apparently recognized the risks of discrimination and harassment suits—it attempted to address the concerns of Straka and other women by contracting with a human resource company to provide sexual harassment seminars to the corporation’s staff and shareholders.20 Where employment law falls short in combatting discrimination, the business law doctrine addressing minority owner oppression in the closely held entity may provide an avenue to seek relief. Keywords: business; claim; corporation; court; discrimination; dissolution; doctrine; employee; employment; expectations; firm; gender; law; majority; minority; oppression; owner; partner; shareholder; statutes; wilkes
• Identifying Rural Roads by Romero, Alan (2021) - In this Article, I describe and evaluate the rules regarding the creation and elimination of public roads, particularly county roads, which vary considerably across the country. Part III addresses statutory road mapping processes that may be an alternative way to create or vacate public roads, potentially significantly reducing uncertainty about public roads. Keywords: acceptance; ann; app; code; county; county road; dedication; easement; government; highway; land; law; maintenance; p.3d; prescriptive; property; public; right; road; roadway; state; statute; use; years
• Unequal Protection: Dispensing with Unilateral Presidential Waivers by Goff, Christopher (2021) - The 4-4 outcome upheld the judgment of the Fifth Circuit Court of Appeals, affirming an injunction that blocked the president’s executive order.2 That order would have protected up to five million immigrants from being subject to federal law that makes it a crime to enter the United States illegally.3 However, because the Supreme Court’s evenly divided membership “established no precedent,” the country did not receive the type of ruling expected beforehand when the Court “seemed poised to issue a major ruling on presidential power.”4 [Vol. 54:221 Obama’s to suspend deportation of Chinese nationals.8 Subjective enforcement of federal law constitutes a relatively recent trend, however, as George W. Bush was the first president to use categorical non-enforcement as a prominent policy- making tool.9 The Supreme Court has marginally addressed the issue of selective enforcement in the context of administrative law, choosing to “essentially leave to Congress, and not to the courts, the decision as to whether an agency’s refusal to institute proceedings should be judicially reviewable. Keywords: clause; congress; constitution; court; enforcement; executive; government; law; laws; note; obama; order; power; president; protection; review; standing; states; supreme; u.s; waiver
• Leaving the Evergreening Problem to the Patent Experts--The USPTO, the PTAB, and the Federal Circuit by Magiera, Malissa S. (2021) - Id.; Orange Book: Approved Drug Products with Therapeutic Equivalence Evaluations, supra note 127 (discussing how the purpose of the Orange Book is to identify drug products approved on the basis of safety and effectiveness by the FDA as well as identify related patent and 2021] LEAVING THE EVERGREENING PROBLEM TO THE PATENT EXPERTS 213 that are tied to the primary patent, including secondary patents, should be listed as well.150 In order for a generic drug to get approved, it must file an Abbreviated New Drug Application (“ANDA”) and must certify one of the following: (1) “[t]he drug is not patented”; (2) “[t]he drug patent has already expired”; (3) “[t]he generic will enter the market only when the patent has expired”; or (4) “[t]he patent is invalid or will not be infringed by the generic. THE EVERGREENING PROBLEM A. Exclusivity and Secondary Patents 35 U.S.C. § 154 guarantees an inventor twenty years of exclusivity from the filing date of a patent.30 The exclusivity provides incentives for inventors to present their inventions to the public.31 This motivation draws many inventors away from the trade secret track, as once a trade secret is public knowledge, there is no recourse that is as strong as patent protection.32 The patent system incentivizes innovation and disclosure, allowing the public to consistently improve on society’s discoveries.33 In the pharmaceutical industry, the innovator receives an exclusivity term for providing the public with a beneficial drug, while the public gets access to the drug for the exclusivity period.34 Additionally, after the exclusivity period, the public will likely get access to the drug at a much lower price due to the generic competition entering the market, and the generic company will be able to profit off of the drug while providing it at a lower price than offered by the innovator company.35 The ability for the drug developer to obtain secondary patents on the same drug provides drug developers with an important opportunity.36 While the primary patent protects the active drug, secondary patents can protect ranges of chemicals involved in the active drug, methods of using the drug, formulations, dosages, and methods of manufacturing.37 Generally, secondary patents are granted in order to encourage further discoveries that can result from additional research and development on a known drug.38 Notably, these secondary patents 30. Keywords: abbvie; act; companies; company; drug; evergreening; exclusivity; factor; federal; generic; humira; innovation; law; market; note; patent; pharmaceutical; supra; supra note; uspto
• Ghosts of the Supreme Court: A Historical and Jurisdictional Analysis Justifying a Constitutional Amendment for Compulsory Medical Retirement by Hahn, Kristen E. (2021) - Notably exempt from this subsection are Justices of the Supreme Court.18 If retiring under this section for permanent disability, Supreme Court Justices must voluntarily certify their own disability to the President in writing.19 Retirement for disability is a product of the Judicial Conduct and Disability Act of 1980 and is further discussed below in Part V of this Note. Although the Act was originally drafted to apply to Supreme Court Justices as well, concerns about the constitutionality of a statute that potentially limited terms of Supreme Court Justices prevented the Act from being passed as first written.20 With respect to the impeachment and removal of Supreme Court Justices, the House of Representatives has the ability to impeach, and the Senate has the power to remove with a two-thirds majority vote.21 Article II of the Constitution provides that “all civil Officers of the United States, shall be removed from office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. Keywords: age; amendment; bench; court; impeachment; indiana; judges; justice; law; life; note; office; president; removal; retirement; sept; states; supra; supra note; supreme; supreme court; united
• Front Matter by Law Review, Indiana (1983) - Before and After Container Corporation of America v. Franchise Tax Board William W. Stuart Michael K. Williams 783 Notes Exclusive Juvenile Jurisdiction to Authorize Sterilization of Incompetent Minors 835 Sealed Judicial Records and Infant Doe: A Proposal to Protect the Public's Right of Access 861 Jones V. Schweiker: Illegitimate Children and Social Security Benefits 887 The Right of Access and Juvenile Delinquency Hearings: The Future of Confidentiality 911 Volume 16 Fall 1983 Number 4 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published quarterly by the Indiana University School of Law — Indianapolis, which assumes complete editorial responsibility therefor. B.S., Bradley University, .1950; J.D., Indiana University, 1965. Keywords: a.b; case; college; indiana; indiana university; j.d; law; professor; school; university
• Exclusive Juvenile Jurisdiction to Authorize Sterilization of Incompetent Minors by Bays-Beinart, Donna J. (1983) - Those goals pertinent to juvenile court jurisdiction over sterilization petitions are: (2) To provide a judicial procedure that insures fair hearings and recognizes and enforces the constitutional and other legal rights of children and their parents; (3) To insure that children within the juvenile justice system are treated as persons in need of care, treatment, rehabilita- tion, or protection; (5) To strengthen family life by assisting parents to fulfill their parental obligations.^^ a. Parens patria£. — The legislature has placed the primary re- sponsibility for executing the parens patriae^'* doctrine for the state with the juvenile courts. The second possible basis of juvenile court jurisdiction for sterilization orders — proceedings governing the participation of a parent, guardian or custodian in a ^^^Several cases decided under the predecessor to Indiana's CHINS statute held that preliminary procedural steps required by statute are jurisdictional. Keywords: children; code; court; incompetent; indiana; jurisdiction; juvenile; law; n.e.2d; parents; petition; power; statute; sterilization
• Sealed Judicial Records and Infant Doe: A Proposal to Protect the Public's Right of Access by Hagenbuch, Kathryn L. (1983) - * Miami Herald also suggests that unless closure is required by a serious and imminent threat, first amendment guarantees may be infringed when public access to the information contained in judicial records is completely denied by a closure order encompassing both court proceedings and court records. * the strength of the presumption favoring public access, the interests that outweigh the right of access, and the standards appellate courts should use to review trial court decisions to limit or allow public access. Keywords: access; cir; circuit; court; f.2d; judicial; law; law right; public; records; right; states; trial; u.s
• Jones V. Schweiker: Illegitimate Children and Social Security Benefits by Stewart, Timothy L. (1983) - L. 791 (1980); Maltz, Rlegitimacy and Equal Protection, 1980 Ariz. St. L.J. 831; 1983] ILLEGITIMATE CHILDREN 889 cant exceptions, the Court has ruled in favor of the illegitimate child.^° The Supreme Court has addressed the rights of illegitimate children in four cases under the Social Security Act. Indiana Law Review Jones V. Schweiker: Illegitimate Children and Social Security Benefits I. Introduction We start from the premise that illegitimate children are not 'nonpersons.' Keywords: benefits; children; court; father; illegitimate; intestate; law; section; state; statute; u.s
• List of student notes not published by Law Review, Indiana (1983) - Indiana Law Review The following student notes were written by other members of the Indiana Law Review. Author Donald R. Barrett, Jr. Jeff Been Tim Bender Mark Coy Sheryl A. Donnella Donna Fisher G. Frederick Glass Michael Ice Mary Terschluse Irwin Steve Johnsonbaugh Diane Jones Lu Carole King Topic Divorce After Professional School United States v. Ross: Warrantless Search of Sealed Containers in the Automobile Federal Rule of Civil Procedure 23.1: The Fair and Adequate Representation Requirement Reprogramming: The Use of State Legislation Federal Remedies Available to Vindicate the Foster Child's Constitutional Right to Safe Custody Extension of Pregnancy Benefits to the Spouses of Male Employees: The EEOC V. General Electric v. Gilbert Policemen Tell No Tales? Keywords: indiana; law; review
• Back Matter by Law Review, Indiana (1983) - Maxwell 796 Hartwig v. Brademas 290 Hasty V. Hasty 186 Hiatt V. Brown 392 Hicks V. Fielman 333, 420 Hill V. State 154 Hines v. Behrens 324 Hinkie v. United States 755, 770 Hinkie v. United States 754, 765, 778 Hodel V. Indiana 299 n.75 Holland v. Taylor 221 Hooker v. Terre Haute Gas Corp. 544 Hoosier Insurance Co. v. Mangino 206 Hossier Plastics v. Westfield Savings & Loan Association 322 Houston V. Wireman 547 Howard v. City of Kokomo 2 Huff V. White Motor Corp. 250 Hundt V. LaCrosse Grain Co. 64 Husted V. McCloud 279 H.W.K. V. M.A.G. 189 I Infant Doe In re Adams In re A.W. 861 269 850 Vlll INDIANA LAW REVIEW [Vol. 16 Page California v. Byers 127 Campbell v. Eli Lilly & Co. 225 Campbell v. State 710, 711 Canfield v. Rapp & Son, Inc. 41 Carmichael v. Silbert 402 Carr v. Hoosier Photo Suppliers, Inc. 87, 90, 288 Carrell v. Ellingwood 415 Carter v. State 191 Cass, Ratcliff & Gretton, Ltd. v. State Tax Commission 796 Cassiday v. Schweiker 348 Cato V. David Excavating Co. 326 Chambers v. State 158 Chapell V. Wallace 771, 772 Chapman v. California 157 Chartiers Block Coal Co. v. Mellon 304 City of Anderson v. Associated Furniture «& Appliances, Inc. 21 City of Bloomington v. Chuckney 698 City of Crawfordsville v. Braden 679, 703 City of Gary v. Stream Pollution Control Board 23 City of Hammond v. N.I.D. Corp. 690, 692, 693, 694 City of Indianapolis v. Sablica 689, 690, 692, 693, 694 City of Indianapolis v. Wright 690, 691, 692 City Investing Co. v. Simcox 35 City of Milwaukee v. Illinois 57 City of Richmond v. S.M.O., Inc. 687, 688, 689 City of South Bend v. Krovitch 679 Clarkson v. Department of Insurance 14 Claus V. Smith 339 Clay V. State 154 Coachman Industries, Inc. v. Yoder 434, 443, 444 Coak V. Rebber 328 Coffin V. Polishing Machines, Inc. 42 Coleman v. Alabama 137 Colonial Discount Corp. v. Bowman 323 Complete Auto Transit, Inc. v. Brady 785 Page Conder v. Hull Lift Truck, Inc. 241, 245 Container Corp. of America v. Franchise Tax Board 784, 820 Cook v. Equitable Life Assurance Society of the United States 221 Cornette v. Searjeant Metal Products 250 Cowell V. Duckworth 271 Cox Broadcasting Corp. v. Cohn 868 Craven v. Niagra Machine & Toolworks, Inc. 241 Cross V. State ex rel. Keywords: act; american; bank; board; cases; city; co.; code; corp; court; decisions; department; federal; general; inc; indiana; indiana department; insurance; law; marriage; national; page; revenue; review; right; school; state; tax; united; united states; vol
• Front Matter by Law Review, Indiana (1984) - B.A., Flordia State University, 1977; M.S., 1980. Lash 99, 103 Alicea v. Gragnon 161 Allen v.Coffel 18 Alspach v. State 141 American Economy Insurance Co. v. Liggett 233 American Family Insurance Group v. Blake 224 Anderson Federation of Teachers, Local 5 1 9 v . Keywords: a.b; associate; board; city; co.; college; corp; division; inc; indiana; indiana university; indianapolis; insurance; j.d; law; new; professor; review; school; state; tax; university
• Administrative Law by Wright, R. George (1984) - It com- bines a scholarly and practical approach in emphasizing recent developments in Indiana case and statutory law. See Ind. Code § 22-4-17-11 (1982); Smith v. Review Board of Ind. Emp. Keywords: administrative; app; appeal; board; case; cir; city; claimant; co.; code; county; court; employment; evidence; f.2d; ind; indiana; law; n.e.2d; public; review; state; supp
• Business Associations by Galanti, Paul J. (1984) - [Vol. 17:31 added in 1981, to acknowledge the emergence of a number of prac- tices such as multiple proration pools and two-step transactions which are designed to make shareholders move quickly once a tender offer has been made lest they risk losing out on the offer, and to protect shareholders of Indiana corporations who allegedly have lost the benefit of takeover offers because they lack the sophistication and ability to secure those benefits. 122 There is some irony in the new Indiana Professional Corporation Act. Keywords: act; app; business; code; corporation; corporation act; court; ind; indiana; law; n.e.2d; professional; receiver; securities; shareholder; shares
• Constitutional Law by Been, Jeffrey; Donnella, Sheryl A. (1984) - Circuit courts have split in their interpretation of Carey. 8 The majority of the Court rejected arguments by PLEA, the rival union, that the school system had created, by granting access to groups *Associate Editor of the Indiana Law Review. Keywords: access; amendment; automobile; case; cir; circuit; counsel; court; district court; f.2d; indiana; indiana court; interest; law; n.e.2d; plaintiff; prison; rights; school; search; state; supp; u.s; united
• Criminal Law and Procedure by Johnson, Stephen J. (1984) - L. No. 310-1983, § 2, 1983 Ind. Acts 1855, 1855-60 (codified at Ind. Code §§ 34-1-52.5-1 to -8 (Supp. 1983)). 980, 981 (codified at Ind. Code §§ 35-48-4-6, 35-48-4-7, 35-48-4-11 (Supp. 1983)). Keywords: app; appeals; case; code; court; criminal; defendant; driving; ind; indiana; indiana law; judge; law; n.e.2d; offense; officer; person; plea; police; state; supp; supreme court; trial court; v. state
• Products Liability by Vargo, John F. (1984) - Indiana Law Review X. Products Liability John F. Vargo* A. Introduction—The Open and Obvious Danger Rule During the last ten years, Indiana products liability law has been greatly influenced by both legislative enactment and increased activity by the Indiana Supreme Court. The general policy of Indiana products liability law has definitely deviated from the policy considerations which originated strict liability in tort. Keywords: court; danger; defect; hoffman; ind; indiana; interview; law; liability; manufacturer; n.e.2d; negligence; note; plaintiff; product; supra
• Professional Responsibility by Hilton Fisher, Donna; Hamilton Watts, Mary (1984) - The statute of limitations is no longer tolled by any fraudulent concealment and begins to run. 443 N.E.2d at 339 (quoting Guy, 236 Ind. at 109, 138 N.E.2d at 895) (emphasis added by Whitehouse court). VII, § 4, provides in part: The Supreme Court shall have no original jurisdiction except in admission to the practice of law; discipline or disbarment of those admitted; the unauthorized practice of law; discipline, removal and retirement of justices and judges; supervision of the exercise of jurisdiction by other courts of the State; and issuance of writs necessary or appropriate in aid of its jurisdiction. Keywords: attorney; client; court; ind; indiana; law; n.e.2d; practice; public; relationship; representation; respondent
• Property by Rothbaum, Sandra; Scahill, James N. (1984) - 132 In rejecting the reasonable use rule the court stated that while courts should not be slow to respond to changing conditions, changes in the established law are not warranted simply because it is imperfect. 5 The supreme court agreed with the conclusion of both the trial and appellate courts that the law of bailments and not the Uniform Commer- cial Code6 applied. Keywords: app; contract; court; ind; indiana; law; n.e.2d; property; rule; use
• Torts by Vargo, John F. (1984) - The Brown court stated its conclusion that Indiana courts would not adopt a per se rule prohibiting punitive damages in constructive fraud cases and would, instead, consider the facts of each case to determine if any elements of recklessness or oppressive conduct were demonstrated to support a punitive damages award. The Johns court noted that [a]ppellants who have argued for expansion of the 'intrinsically dangerous work' exception have not fared well in Indiana courts. Keywords: action; app; appeals; case; co.; code; court; damages; defendant; duty; ind; indiana; indiana law; judgment; jury; law; liability; medical; n.e.2d; negligence; plaintiff; rule; safety; statute; summary; supreme court; trial court
• Front Matter by Law Review, Indiana (1984) - 581 Foreign Application of the Noerr-Pennington Doctrine After Coastal States Marketing v. Hunt 613 Karcher v. Daggett: The Supreme Court Draws the Line on Mal- apportionment and Gerrymandering in Congressional Redistricting 65 1 Volume 17 Spring 1984 Number 2 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published quarterly by the Indiana University School of Law—Indianapolis, which assumes complete editorial responsibility therefore. B.S., Bradley University, 1950; J.D., Indiana University, 1965. Keywords: a.b; associate; college; indiana; indiana university; indianapolis; j.d; law; professor; school; university
• The "Negotiable" Non-Negotiable Instrument: A Vagary of Indiana Commercial Law by Greenberg, Harold (1984) - The inference from the Indiana cases is that otherwise negotiable in- struments, which were never negotiable under the law merchant, and over- due negotiable instruments, which were negotiable by definition, are to be treated differently. Holdsworth, The Origins and Early History of Negotiable Instruments. Keywords: act; court; defenses; holder; ind; indorser; instrument; law; maker; n.e; non; note; set; supra; ucc
• Labor Law Preemption After Belknap, Inc. v. Hale: Has Preemption as Usual Been Permanently Replaced? by Cavanaugh III, James P. (1984) - Justice Brennan was unable to see the risk of conflicting regulation of employer conduct that he saw with the breach of contract claim, because federal law could not require the misrepresentations. Briggs- Stratton operated such that when this kind of conduct was involved, the NLRA would not preempt state law. Keywords: belknap; conduct; court; employer; garmon; labor; law; nlra; preemption; state; supra; u.s
• Res Judicata in the Federal Courts: Federal or State Law? by Emerson, Mark G. (1984) - The Erie2 doctrine requires federal courts exercising diversity jurisdiction to follow state law in substantive matters and federal law for merely pro- cedural matters. Federal courts differ, however, as to whether res judicata is a substantive or procedural issue. Keywords: court; district court; diversity; f.2d; federal; judgment; law; res judicata; rules; state; state court; state law; u.s
• Indiana Opens Public Records: But (b)(6) May Be the Exemption that Swallows the Rule by Graninger, Eric J. (1984) - The new law also includes an expansive defini- tion of public agency. This protection for the internal oral com- munications of public agencies is found within Indiana's Open Door Law. Keywords: act; agency; cir; code; d.c; disclosure; exemption; f.2d; indiana; law; note; public; records
• Foreign Application of the Noerr-Pennington Doctrine After Coastal States Marketing v. Hunt by Kelley, Pamela R. (1984) - When a foreign sovereign's activities occur with the cooperation of, or in con- junction with, United States businesses operating abroad, the businesses involved may face antitrust consequences in United States courts. 53 Although United States courts have adhered to the act-of-state doc- trine since the Underhill decision, the reasons for this adherence have own territory. Keywords: act; activity; antitrust; court; doctrine; foreign; government; law; noerr; note; pennington doctrine; petitioning; sherman; sherman act; states; u.s; united states
• Back Matter by Law Review, Indiana (1984) - Covers Supreme Court proceedings, argu- ments, actions, filings; decisions of fed- eral courts of appeal and district courts, and of principal state courts; Congres- sional and state legislative action; reports and recommendations of commissions, as- sociations, the Bar, and law journals. Indexed. ANTITRUST & TRADE REGULATION REPORT Weekly reports on FTC and Justice De- partment's Antitrust Division activities; legislative developments; Supreme Court arguments, opinions, and orders; decisions of other courts; changes in state antitrust and trade regulation; private litigation; class actions; suits for injunctions; and treble damage cases. Keywords: address; law; new; questioning; state; text
• Front Matter by Law Review, Indiana (1984) - Indiana Law Review Indiana law Review Volume 17 No. 3 1984 Symposium on Indiana's Comparative Fault Act The Indiana Comparative Fault Act At First (Lingering) Glance Lawrence P. Wilkins Drafting and Legislative History of the Comparative Fault Act Edgar W. Bayliff Indiana's Comparative Fault Law: A Legislator's View Nelson J. Becker The Indiana Comparative Fault Act: How Does It Compare With Other Jurisdictions? Debra S. Easterday Thomas V. Easterday Comparative Fault and the Nonparty Tortfeasor Leonard E. Eilbacher The Impact of Comparative Fault in Indiana Roger L. Pardieck Comparative Negligence in Indiana: A Unique Statute That Will Reshape the Law Victor E. Schwartz Fairness: A Comparative Analysis of the Indiana and Uniform Comparative Fault Acts David Randolph Smith John W. Wade Comparative Fault and Product Liability in Indiana Henry Woods Registered Professional Reporters JOHN E. CONNOR & Associates 204 Union Federal Building and 3050 American United Life Building Indianapolis, Ind. 46204 (317) 632-5533 or 638-0110 Reference: MARTINDALE-HUBBELL INDIANA LAW REVIEW We are pleased to announce that Volume 18, Number 1 1984 SURVEY OF RECENT DEVELOPMENTS IN INDIANA LAW Will be available in January, 1985 Price: $9.00 Send orders to: Business Editor Indiana Law Review Indiana University School of Law — Indianapolis 735 W. New York Street, Indianapolis, Indiana 46202 For personalized service... you need to icnow the right banker. Keywords: a.b; act; associate; college; comparative; fault; indiana; indiana university; j.d; law; professor; university
• The Indiana Comparative Fault Act At First (Lingering) Glance by Wilkins, Lawrence P. (1984) - (a) Is the adoption of comparative fault to be considered a total merger of the assumption of risk defenses with fault defenses by either: (i) somehow translating the nonfault aspects of the defenses into fault for comparative purposes, or (ii) abolishing all nonfault senses of the defenses? (b) Or, are the nonfault aspects of the defenses to remain intact and outside the comparative system as complete bars to plaintiffs' action? It is much easier to describe such an outcome in the abstract than actually to try to bring it about, of course, but it is entirely plausible that both injured parties can recover fully, commensurate with comparative fault principles. Keywords: action; apportionment; assumption; case; claim; code; comparative; comparative fault; compensation; conduct; contributory fault; court; damages; defendant; defense; doctrine; fault; fault act; fault principle; fault system; indiana act; indiana law; injury; joint; judgment; jury; law; liability; n.e.2d; negligence; note; o c; o h; o o; parties; party; plaintiff; principle; recovery; review; risk; section; supra; supra note; tort; total; uniform act; verdict; vol
• The Impact of Comparative Fault in Indiana by Pardieck, Roger L. (1984) - Comparative fault jurisdictions that have dealt with the seat belt issue have done so by examining the policies behind comparative fault and the seat belt defense. Indiana became the 40th state to adopt some form of comparative fault when S.B. 287 was passed. Keywords: act; belt; cause; comparative; court; defendant; duty; fault; fault act; indiana; injury; law; negligence; plaintiff; proximate; rule; safety; seat; statute
• Comparative Fault and Product Liability in Indiana by Woods, Henry (1984) - The assumption of risk defense was carried over from Indiana strict liability cases to subsection 4(b)(1) of the Product Liability Act.^' The language used in this subsec- tion closely parallels comment n to 402A.^^ '' The recent amendment to the Product LiabiHty Act^^ perhaps made some changes in the role of foreseeability in Indiana product liability law. Keywords: act; app; co.; code; comparative; court; defense; fault; ind; indiana; law; liability; liability act; n.e.2d; negligence; plaintiff; product; product liability; supp
• Front Matter by Law Review, Indiana (1984) - The Admissibility of Rape Trauma Syndrome Expert Testimony in Indiana 1 143 Title IX and Its Funding Termination Sanction: Defining the Limits of Federal Power Over Educational Institutions 1167 Volume 17 Winter 1984 Number 4 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published quarterly by the Indiana University School of Law—Indianapolis, which assumes complete editorial responsibility therefore. B.S., Bradley University, 1950; J.D., Indiana University, 1965. Keywords: a.b; associate; college; indiana; indiana university; indianapolis; j.d; law; professor; review; school; university
• Who Owns Your Data? by Black, Stephen T. (2022) - Once data has changed hands several times, what good is a right that may never occur?43 Does all this mean that we have property rights only in jurisdictions which explicitly grant those rights to opt out or be forgotten?44 We understand intangible property to sometimes work this way. In the United States, for example, a patent may be property, and it may be protected by property rights in other jurisdictions which have intellectual property treaties with the United States. Keywords: capture; children; cir; control; court; data; data ownership; example; household; household data; indiana; individual; information; law; new; note; ownership; personal; privacy; property; protection; review; right; rule; subject; supra; u.s; use; world
• Hoosier Emergency Powers: Restoring Checks and Balances by Claybourn, Joshua A.; DeMare, Abby V. (2022) - Studying emergency powers necessarily involves studying separation of powers—that unique delineation of authority and responsibility among the independent branches in order to foster a system of checks and balances. For a more complete review of various legal approaches to emergency power throughout history, see Jules Lobel, Emergency Power and the Decline of Liberalism, 98 YALE L.J. 1385 (1989). Keywords: assembly; authority; emergencies; emergency; executive; general; governor; h.b; health; indiana; law; leg; legislature; order; powers; reg; s.b; senate; separation; sess; spec; state; war
• Revisiting Gun Control and Tort Liability by Stevenson, Dru; Shorter, Jenna R. (2022) - Therefore, victims of gun violence should be allowed to individually sue gun manufacturers and distributors. However, the PLCAA is the only reason gun manufacturers have not faced the same liability that tobacco companies and car manufacturers faced when those industries created dangerous products.236 Even though gun manufacturers and distributors are negligent in many ways, victims of gun violence who bring suit will face an up-hill battle in surviving a motion to dismiss pursuant to the PLCAA. Keywords: academy; amendment; assault; background; case; city; control; court; deaths; federal; firearms; gary; gun; gun control; gun manufacturers; gun violence; guns; health; indiana; kelley; law; liability; litigation; manufacturers; mental; new; note; people; plaintiffs; plcaa; public; regulations; rifle; safety; sale; shooting; state; suicide; supra; supra note; tort; u.s.c; united
• Securities Fraud and Reliance: Indiana's Securities Fraud Standard by Antrim, Jacob (2022) - THE FEDERAL SYSTEM HAS DRIFTED AWAY FROM THE ORIGINAL PURPOSE OF THE SECURITIES ACTS A. Federal Securities Fraud Causes of Action & Reliance The federal cause of action for securities fraud stems from 15 U.S.C. § 78j(b).27 For the purposes of this hypothetical, assume this jurisdiction’s waiver for medical malpractice claims operates similarly to the Seventh Circuit’s precedent for non-reliance clauses for securities fraud. Keywords: act; clauses; congress; federal; fraud; indiana; investors; law; note; reliance; securities; securities fraud; sellers; standard; trust
• Right to Refuse Antipsychotic Medication: A Proposal for Legislative Consideration by Anderson, Vicki (1984) - A Proposal for Legislative Consideration I. Introduction One of the most divisive issues confronting psychiatry and law today is whether or not involuntarily confined mental patients in state institutions have a right to refuse treatment with powerful antipsychotic drugs. The disclosure requirement theo- retically poses little problem in situations involving mental patients. Keywords: cir; consent; court; decision; drugs; f. supp; f.2d; law; medication; patient; right; rogers; state; supp; treatment
• Reaching for Reentry: Indiana University Robert H. McKinney School of Law's Contribution to the Reentry Movement by Silva, Lahny R. (2022) - REACH participants are provided with wrap-around reentry services with the help of McKinney law students. REACH participants typically have underlying offenses that include felon in possession of firearm, drug conspiracy, or robbery. Keywords: community; criminal; federal; help; indiana; judge; law; law students; mckinney; note; participants; probation; program; reach; recidivism; reentry; scrap; students; supervision; support; supra; system
• Just Relationships: Desistance for Reentry Courts by Miller, Eric J. (2022) - Those audiences are not limited to the public (though problem- solving courts are interested in persuading the public of their mission). A central feature of the process in low-level criminal courts is the officials’ search for respect from their peers and from the public, and that the sense of failure produced by criminal courts is shared by many of the professionals working there. Keywords: courts; crime; criminal; desistance; drug; judge; justice; law; maruna; mcneill; participants; people; problem; process; reentry; reentry courts; relationships; role; society; solving; supra note; system; treatment
• Re-entry: A Holistic Approach to Combat "The New Civil Death" by Hampton, David A. (2022) - For example, in 2016, Mayor Hogsett initiated a full-scale criminal justice reform plan that included the construction of a criminal justice campus center.1 1 8 The campus includes an Assessment and Intervention Center, which opened December 1, 2020, and serves as an “off ramp,” or an alternative to incarceration for individuals suffering addictions and mental illness.1 19 Additionally, the Office of Public Health and Safety, Marion County Re-entry Court, Marion County Re-entry Coalition, and 108. I vividly recall attending the Marion County Conference on Re-entry in 2016, hosted by the Marion County Re-entry Coalition. Keywords: approach; community; county; court; criminal; health; incarceration; indiana; indianapolis; justice; law; marion; marion county; mental; new; offenders; office; policy; prison; program; public; recidivism; recommendation; reentry; release; services; system; veterans
• The Disclosure Tort in Indiana: How a Contemporary Twist Could Revive a Dormant Remedy by DeMare, Abby (2022) - See generally Edward J. Bloustein, Privacy as an Aspect of Human Dignity: An Answer to Dean Prosser, 39 N.Y.U. L. REV. 962, 963 (1964) (positing that the four essential torts embodied by the invasion of privacy tort share the same interest in common: protection of individual dignity). Between 1949 and 1996, the Indiana Court of Appeals routinely affirmed the viability of the disclosure tort by way of expressly accounting for its substance under the general invasion of privacy tort, or by analyzing the disclosure tort, specifically.117 Thus, the viability of the disclosure tort pre-Doe was far from an open question. Keywords: 652d; app; court; disclosure; disclosure tort; doe; inc; indiana; information; invasion; law; matter; n.e.2d; note; plaintiff; privacy; public; publicity; restatement; supra; tort
• The Constitutionality of Roadblocks Conducted to Detect Drunk Drivers in Indiana by Fuson, Bradley S. (1984) - This Note examines the evolution of both federal and state law as it relates to the roadblock enforcement method, reviews the constitutionality of drunk driver roadblocks in Indiana, and suggests certain circumstances and procedures under which these roadblocks might be constitutionally permissible. 71 With this being the final word by the Supreme Court concerning the permissibility of roadblock stops, the law is in a state of confusion with regard to law enforcement techniques involving the detention of vehicles. Keywords: cause; court; defendant; drivers; drunk; intrusion; law; officers; police; roadblock; state; stop; u.s; united; vehicle
• Prejudgment Interest for Personal Injury Litigants: A Summons for Indiana Lawmakers by Martin, Mitzi H. (1984) - Prejudgment interest not only compensates the claimant, but liability for prejudgment interest may serve as an incentive for the insurer promptly to settle a meritorious claim. Indiana Law Review Prejudgment Interest for Personal Injury Litigants: A Summons for Indiana Lawmakers I. Introduction In Indiana, prejudgment interest 1 is sanctioned by statute for money due on loans or forebearances of money, goods or things; 2 for money due on a written instrument; 3 for money due when an account stated or an account closed is proved; or for money had and received for the use of another person and retained without his consent. Keywords: courts; damages; ind; indiana; injury; interest; law; n.e.2d; note; personal; plaintiff; prejudgment interest; supp; supra
• Taking Roe to the Limits: Treating Viable Feticide as Murder by Nelson, Tracy A. (1984) - Code § 18-2-10(d) (1982) (10 years imprisonment); Wash. Rev. Code § 9A.20.020(l)(b) (Supp. 1984) (10 years imprisonment); W. Va. §§ 41-303 to 41-310 (Supp. 1971); Cal. Keywords: ann; code ann; death; fetus; imprisonment; law; life; murder; rev; stat; supp; west; years
• Survey of Indiana Administrative Law by Hadley, Vivek R. (2022) - On review, we do not reweigh the evidence.65 Reviewing the applicable statutes, the panel found that Indiana Code section 9- 30-10-4(b) defines a habitual violator as “[a] person who has accumulated at least three (3) judgments within a ten (10) year period for any of the following violations, singularly or in combination, and not arising out of the same incident. Accordingly, the trial court granted Sims’s request and set an expiration date of December 11, 2028.17 Following that order, the BMV—represented by the Attorney General—filed an appearance and submitted a motion to correct error.18 The BMV noted Indiana Code section 9-30-16-3(c), which, during the relevant time, limited the duration of an SDP to two and one-half years.19 The trial court deferred to the BMV’s position and amended its previous order.20 Sims found this inappropriate; he noted Indiana Code section 9-30-16-3(b), which says that “[a] prosecuting attorney shall appear on behalf of the bureau to respond to a petition filed under this subsection. Keywords: agency; bmv; code; county; court; ind; indiana; law; n.e.3d; panel; section
• Banking, Business, and Contract Law by Sullivan, Jr., Frank (2022) - BANKING, BUSINESS, AND CONTRACT LAW FRANK SULLIVAN, JR.*,** This Article surveys banking, business, and contract law decisions of the Indiana Supreme Court (“Supreme Court”) and Indiana Court of Appeals (“Court of Appeals”) between September 1, 2019, and August 31, 2020. Justice, Indiana Supreme Court (1993–2012). Keywords: agreement; app; appeals; banking; breach; business; case; co.; contract; contract law; court; hartman; inc; ind; indiana; indiana law; judgment; law; llc; n.e.3d; nello; new; parties; period; rule; supreme court; survey; trial court
• Practicing Pragmatism During a Pandemic: Indiana's Appellate Courts Practically Apply Indiana's Constitution in 2020 by Chinn, Scott; Pulliam, Daniel E.; Gutwein, Stephanie L.; Little, Elizabeth M. (2022) - Under Richardson v. State, Indiana courts applied double jeopardy principles as a constitutional matter to two issues: multiple (or “successive”) prosecutions for the “same offense” and multiple punishments for the “same offense. And after more than twenty years of occasionally inconsistent results, the Indiana Supreme Court overruled the Richardson constitutional tests for resolving claims of substantive double jeopardy and limited the reach of Indiana’s double * Keywords: appeals; article; constitutional; court; defendant; evidence; indiana; juvenile; law; n.e.3d; section; state; supreme; trial; trial court
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M.; Parr, Riley L. (2022) - A March 19, 2020 statement from Chief Justice Rush noted that trial courts were “postponing jury trials, allowing for remote hearings, keeping only essential staff working in the courthouses, and holding only necessary and emergency hearings.”44 Therefore, she was entitled to a new trial on the criminal recklessness charge.87 C. Second Admonishment Not Required A second admonishment need not be given concerning juror discussions of the case when there are no intervening trial proceedings between the reading of the preliminary instructions and when the court excuses the jury for lunch.88 Although Indiana Code section 35-37-2-4(a) requires trial courts give an admonishment that limits juror discussions of the case “in the preliminary instruction, before separating for meals, and at the end of the day,” the court noted that the trial judge “effectively killed two birds with one stone” because the court excused the jury for lunch immediately following the preliminary instructions.89 D. Specific Nature of Prior Felony in SVF Instructions Keywords: app; appeals; cases; court; criminal; defendant; evidence; ind; indiana; law; n.e.3d; rule; sentence; state; supreme; trial; trial court; v. state
• 2020 Developments in Indiana Evidentiary Practice by Flora, Colin E. (2022) - As Indiana’s two federal districts observed, Indiana evidence rules are generally without effect in federal courts.6 Similarly, the rules do not strictly apply in most administrative * Associate Attorney, Pavlack Law, LLC in Indianapolis, Indiana; J.D. 2011, cum laude, Indiana University Robert H. McKinney School of Law; B.A. 2008, with high distinction, Indiana University South Bend. (The Protected Person Statute is “a part of Indiana evidence law, though not in the Rules.”). Keywords: app; appeals; appellate; citation; court; criminal; defendant; evidence; evidence rule; hearsay; ind; indiana; indiana court; indiana evidence; indiana law; issue; law; n.e.3d; notice; opinion; party; privilege; r. evid; review; rule; state; statement; survey; testimony; trans; trial; trial court; v. ind; v. state; victim; witness
• Front Matter by Law Review, Indiana (1985) - V. Busz 47 Kline v. Kline 216 Korf V. Ball State University 155 Kosanovich v. Meade 266 Kuhn V. Stephenson 262 Lafayette Realty Corp. v. Vonegut's, Inc. 367 Law V. Yukon Delta, Inc. 423 Lawson v. Sheriff of Tippecanoe County 152 Leazenby v. Clinton County 357 Lehr v. Robertson 212 Lindsey v. State 208 Litzelswope v. Mitchell 360 Lloyds of London v. Locke 272 Lowe V. State 199 Xll INDIANA LA W REVIEW V. Ford Motor Co. 328 Scalf V. Berkel, Inc. 317 Schaper Manufacturing Co. v. United States 19 Schmidt v. Merchants Dispatch Transportation Co. 317 Schwartz v. Zent 427 Scudder v. Town of Greendale, Indiana 39 Seibert Oxidermo, Inc. v. Shields 116 1985] TABLE OF CASES Xlll Shaffer v. State 207 Shallenberger v. Hope Lutheran Church 107 Shell Petroleum, N.V. v. Graves 18 Shideler v. Dwyer 317 Showley v. Showley 237 Simmons v. State 175 Simpson v. Simpson 224 Skinner v. Martin 470 Skrundz v. Review Board of the Indiana Employment Security 3 SHnkard v. Babb 431 Smith V. State 160, 205 Smith-Corona Group v. United States, 16 Soft Water Utilities, Inc. v. LeFerre, 1 19 Spikes V. State, 183 Stader v. State, 205 Standard Mutual Insurance Co. v. Boyd, 278 State V. Edgman, 250 State V. McGraw, 177 State V. Merino, 105 State V. Van Ulzen, 294 State ex rel. Keywords: a.b; associate; board; co.; college; corp; department; inc; indiana; indiana university; indianapolis; insurance; j.d; law; professor; property; revenue; review; rule; school; state; tax; united; university
• Developments in Intellectual Property Law: October 1, 2019 -- September 30, 2020 by Carter, R. Trevor; Hayden, Leslie B.; Dodge, Reid E. (2022) - although not before the court, she noted that dictionary and usage evidence might have supported a proper conclusion by the USPTO that the entire “booking.com” mark was generic.159 V. VENUE IN PATENT LITIGATION (SECOND TIME IS THE CHARM AS FEDERAL CIRCUIT FINDS NO VENUE IN THE EASTERN DISTRICT OF TEXAS FOR GOOGLE SERVER RACKS): IN RE GOOGLE LLC In February 2020, the Federal Circuit granted Google’s petition for writ of mandamus to resolve district courts’ conflicting applications of the patent venue statute.160 Although the Federal Circuit had denied Google’s previous writ of mandamus, filed more than one year before the instant writ, district courts had reached different conclusions on the patent venue statute in the interim, warranting the grant of the instant petition.161 Elaborating further on the requirements for venue articulated in In re Cray, Inc.,1 6 2 the Court held that the required “place” of business need only be a physical location in the district and the defendant need not own or lease any real property to meet this requirement.163 There must also be an employee or agent of the defendant conducting the defendant’s business in the district.164 Applied to this case, the server racks Google used to cache local Google data constituted a “place” under the Cray test, but the ISPs who installed Google’s servers, provided internet access, and performed maintenance tasks on the server racks were not Google’s agents.165 Further, agents performing maintenance activities alone do not qualify as carrying out the regular business of the defendant.166 Thus, venue was not appropriate in the Eastern District of Texas.167 A. Patent Venue and Service Background The patent venue statute, 28 U.S.C. § 1400(b), provides that “[a]ny civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and 159. The venue provision gave district courts original jurisdiction over patent disputes where the defendant was an inhabitant of the district or had committed acts of infringement and had “a regular and established place of business” in the district.206 Where the defendant is not an inhabitant of the district but has a “regular and established place of business,” service of process may be completed by serving the agents “engaged in conducting such business. Keywords: board; business; circuit; claim; copyright; court; decision; defendant; district; district court; federal; google; inc; indiana; judge; law; llc; patent; place; property; review; u.s; u.s.c
• Survey of Recently Reported Cases in Real Property Law by Crist, Brian C.; Brown, Devin D.; Hardcastle, Tyler J.; Marschke, Katie J.; Soshnick, Haley L.; Tirman, Michael R.; Xie, Annie Roberta (2022) - Southlake Indiana LLC (“Taxpayer”) owns an outlot building parcel located in Merrillville, Indiana (the “Property”).239 Taxpayer entered into a build-to-suit lease with a discount department store on the Property.240 Taxpayer believed the Lake County Assessor (the “Assessor”) over-assessed the Property.241 After appealing, the Lake County Property Tax Assessment Board of Appeals reduced the assessments, but Taxpayer still believed the Property was over-assessed and appealed to the Indiana Board of Tax Review (the “Tax Board”).242 Taxpayer presented an appraiser (“Taxpayer Appraiser”) to the Tax Board who used an income approach to estimate the Property’s rent by: “1) averaging extracted market rents of other Indiana properties, 2) calculating rent as a percentage of gross sales, and 3) calculating a cost-based rent. SURVEY OF RECENTLY REPORTED CASES IN REAL PROPERTY LAW BRIAN C. CRIST, DEVIN D. BROWN, TYLER J. HARDCASTLE, KATIE J. MARSCHKE, HALEY L. SOSHNICK, MICHAEL R. TIRMAN, & ANNIE ROBERTA XIE* INTRODUCTION This Article examines the reported decisions during the survey period of the Indiana Supreme Court (the “Supreme Court”), Court of Appeals of Indiana (the “Court of Appeals”), and the Indiana Tax Court (the “Tax Court”) concerning real property issues. Keywords: agreement; appeals; board; building; city; code; county; court; easement; estate; indiana; landlord; landowner; law; llc; n.e.3d; property; section; tax; tax court; town; trial court; use
• Recent Developments in Indiana Tort Law by Kruse, Paul S.; Morris, Larry L.; Boyle, Heather D.; Moore, Katherine M. (2022) - A patient died from complications following bariatric surgery, and the patient’s estate filed a medical malpractice action against the provider.198 The medical review panel unanimously concluded the provider deviated from the standard of care, which was a factor in the patient’s resulting damages.199 During voir dire, a prospective juror repeatedly stated he did not want to serve on the jury and did not think he could put a dollar amount on non-economic damages.200 The trial court denied the estate’s request to strike the juror for cause, so the Estate used its final peremptory challenge to strike the juror.201 The estate also identified the juror on which it would have used its peremptory challenge had the court struck the other juror for cause.202 At trial, the jury found in favor of the provider.203 The court of appeals determined the trial court abused its discretion in denying the Estate’s motion to strike the juror for cause.204 A divided supreme court reversed the trial court and remanded the case for a new trial.205 The trial court found the juror was just unwilling to serve, but the supreme court explained the trial court and the attorneys for both sides have a joint responsibility to rehabilitate a juror if issues arise about a juror’s fitness to serve.206 Here, the attorney’s efforts to rehabilitate the juror were met with equivocal answers.207 As such, the trial court should have 194. [Vol. 54:1039 held that, in determining the foreseeability of a criminal attack, courts should determine if the defendant had reason to know of present and specific circumstances that would cause a reasonable person to recognize the likelihood of imminent harm. Keywords: appeals; court; duty; ind; indiana; judgment; law; medical; n.e.3d; patient; summary; trial; trial court
• Indiana and the World: International Business Law by Webster, D. Robert; Bowes, Gregory (1985) - —For many years, United States courts have sought to define the extent of their extraterritorial jurisdiction in a variety of situations. For example, during the survey period the Fifth Circuit Court of Appeals determined that United States courts could exert extrater- ritorial jurisdiction in particular trademark infringement cases.-' Significant foreign jurisdictional issues were decided by the Court of Appeals for the Seventh Circuit in Nelson ex. rel. Keywords: ^^^; act; appeals; bank; business; case; cong; court; f.2d; foreign; indiana; international; jurisdiction; law; review; states; tax; trade; u.s.c; united; united states
• Administrative Law by Wright, R. George (1985) - The court of appeals in Basham then addressed the issue of whether Basham's filing of an action against the Board in state court under 42 U.S.C. § 1983 excused Basham from his failure to exhaust his state administrative remedies. The possible applicability of Patsy to state courts was thus left unclear. Keywords: administrative; app; appeals; case; court; exhaustion; ind; indiana; law; n.e.2d; review; state; supp; survey
• Business Associations by Galanti, Paul J. (1985) - 'C/. Restatement (Second) of Agency §§ 1, 15, 26 (1957). '^^See Crane & Bromberg, supra note 18, § 5(b), at Al-AZ. '^^Kavanaugh v. England, 232 Ind. 54, 58, 110 N.E.2d 329, 331 (1953); Crane & Bromberg, supra note 18, § 5(b). '^^See Crane & Bromberg, supra note 18, § 5(a), at 41-42 n.46. 'Ind. Code § 23-4-1-7(4) (1982); See generally Crane & Bromberg, supra note 18, §§ 14, 14A. '^'^Crane & Bromberg, supra note 18, § 65(a), at 366. Ind. Code §§ 23-1-6-1, -5 (1982). Keywords: act; app; business; code; corporation; court; damages; general; ind; indiana; interest; law; n.e.2d; note; partnership; section; shares; supp; supra; value
• Civil Procedure and Jurisdiction by Harvey, William F. (1985) - In short, trial courts have no authority to dismiss for any reason with prejudice until the statutory prerequisites of the Medical Malpractice Act have been met. The court resolved this issue with little difficulty, finding that Indiana courts have carved out an exception to the identity of parties requirement when the judgment concerns local government. Keywords: action; app; appeals; case; court; ind; indiana; judgment; law; motion; n.e.2d; notice; party; plaintiff; state; supreme court; trial court; trial rule
• Constitutional Law by Macey, Nora L. (1985) - The court rejected the state's argument that Indiana courts already have authority to expedite appeals on their own initiative, since such a procedure was both uncertain and discretionary under Indiana law. The facial challenge to the vagueness of the ordinance was thus deferred until the as apphed challenge could be pursued in state court, unless the plaintiff chose to present both challenges in state court. Keywords: board; cir; constitutional; court; decision; district court; egger; f.2d; indiana; indiana court; law; notice; ordinance; process; property; public; state; statute; supreme court
• Criminal Law and Procedure by Johnson, Stephen J. (1985) - 'See Ind. Code § 35-42-4-3 (1982) (child molesting); Ind. Code § 35-42-4-4 (Supp. 1984) (child exploitation); Ind. Code § 35-45-4-2 (Supp. 1984) Id. '^'455 N.E.2d at 1144. 'See Ind. Code § 35-42-5-1. '455 N.E.2d at 1148. '''Id. 176 INDIANA LAW REVIEW Keywords: app; appeals; code; conduct; court; crime; criminal; defendant; evidence; ind; indiana; indiana court; judge; jury; law; n.e.2d; person; plea; state; statute; supreme court; trial; trial court; v. state
• Domestic Relations by King, Steven E. (1985) - — Section 1 1 of the Dissolution of Marriage Act authorizes trial courts to divide the property of the parties . . . The failure of trial courts to award interest on installment plan awards recently has been attacked by ex-spouses; their appellate challenges have resulted in an edifying collection of precedent regarding the valuation of such awards. Keywords: act; agreement; app; child; code; court; custody; hearing; ind; indiana; law; maintenance; marriage; n.e.2d; period; property; section; support; trial; trial court; wife
• Evidence by Been, Jeffrey A.; Broyles, Nancy L. (1985) - (4) Confinement (IC 35-42-3-3). (b) A statement that: (1) is made by a child who was under ten (10) years of age at the time of the statement; (2) concerns an act that is a material element of an offense listed in subsection (a) that was allegedly committed against the child; and (3) is not otherwise admissible in evidence under statute or court rule; is admissible in evidence in a criminal action for an offense listed in subsection (a) if the requirements of subsection (c) are met. (c) A statement described in subsection (b) is admissible in evidence in a criminal action listed in subsection (a) if, after notice to the defendant of a hearing and of his right to be present: (1) the court finds, in a hearing: (A) conducted outside the presence of the jury (B) attended by the child; that the time, content, and circumstances of the statement provide sufficient indications of reliability; and (2) the child: (A) testifies at the trial; or (B) is found by the court to be unavailable as a witness because: (i) a psychiatrist has certified that the child's participation in 1985] SURVEY—EVIDENCE 247 of a prior statement, not otherwise admissible under court rule or statute, by a child under the age of ten at the time of the statement. Keywords: app; child; court; evidence; ind; indiana; law; n.e.2d; officer; opinion; statement; trial; trial court; witness
• Insurance by Arthur, Stephen E. (1985) - (4) Confinement (IC 35-42-3-3). (b) A statement that: (1) is made by a child who was under ten (10) years of age at the time of the statement; (2) concerns an act that is a material element of an offense listed in subsection (a) that was allegedly committed against the child; and (3) is not otherwise admissible in evidence under statute or court rule; is admissible in evidence in a criminal action for an offense listed in subsection (a) if the requirements of subsection (c) are met. (c) A statement described in subsection (b) is admissible in evidence in a criminal action listed in subsection (a) if, after notice to the defendant of a hearing and of his right to be present: (1) the court finds, in a hearing: (A) conducted outside the presence of the jury (B) attended by the child; that the time, content, and circumstances of the statement provide sufficient indications of reliability; and (2) the child: (A) testifies at the trial; or (B) is found by the court to be unavailable as a witness because: (i) a psychiatrist has certified that the child's participation in 1985] SURVEY—EVIDENCE 247 of a prior statement, not otherwise admissible under court rule or statute, by a child under the age of ten at the time of the statement. Keywords: app; child; court; evidence; ind; indiana; law; n.e.2d; officer; opinion; statement; trial; trial court; witness
• Products Liability by Leibman, Jordan H. (1985) - Under the Indiana Comparative Fault Act, however, the effects of liberalization feared by the Bemis court can now be compromised if Indiana courts are wiUing to do so. (Hunter, J., dissenting) (quoting Restatement (Second) of Torts § 402A comment i (1965), first adopted in Indiana courts in Cornette v. Searjeant Metal Prod., 147 Ind. App. Keywords: action; case; co.; code; court; danger; ind; indiana; injury; law; liability; manufacturer; n.e.2d; plaintiff; product; rule; statute; supp; user; warning
• Property by Krieger, Walter W. (1985) - While co-tenants generally have the right to partition, courts recognize the right of the parties to agree not to partition, provided the agreement is reasonable.^* App. 1983) (court upheld a trial court's determination of the width of a pipeline easement). Keywords: agreement; anton; app; court; deed; estate; grantor; ind; indiana; indiana court; interest; land; law; lease; n.e.2d; owner; property; right; title; trial court; use; water
• Torts by Zeigler, Robert G. (1985) - • Thus, Indiana courts have employed a seemingly unimportant crimi- nal statute to create a civil standard of negligence. While Indiana courts are often castigated for their aversion to legislating, they should be commended for their continuing efforts to preserve the balance between the branches of state government, and for recognizing that the legislature, as the branch of government most closely responsible to the people, should take the lead in debating and implementing far-reaching changes in Indiana tort law. Keywords: appeals; court; defendant; evidence; ind; indiana; judgment; law; n.e.2d; negligence; plaintiff; statute
• Trusts and Decedents' Estates by Falender, Debra A.; Fruehwald, Kristin G. (1985) - As several cases in this section indicate, Indiana courts do not look kindly upon fiduciaries who benefit from breaches of their duties. ^^^ The existence of these negative factors, coupled with the commitment of Indiana courts to the earliest possible vesting of interests, ^^' makes it unHkely that a condition precedent of survivorship should have been implied in the Merrill trust provision. Keywords: case; code; court; death; decedent; estate; ind; indiana; language; law; n.e.2d; property; rule; statute; trust
• Back Matter by Law Review, Indiana (1985) - Law Week is fully indexed — by topic and by case title — both for general law and Su- preme Court actions. Here's specialized help that tells you what you need to know—quickly, simply—when you have questions about medical malpractice law. MEDICAL MALPRACTICE: BASES OF LIABILITY is both an overview and a summary that offers hard, practice-oriented information in a single volume format. Keywords: law; malpractice; week
• Front Matter by Law Review, Indiana (1985) - 1860 American United Life Building One American Square Indianapolis, Indiana 46282 (317) 632-5533 Reference: MARTINDALE-HUBBELL INDIANA LAW REVIEW Releasing Excellence by Sallyanne Payton High Technology, the Human Image, and Constitutional Value by Patrick Baude Coming in Volume 18, Number 3, to be available in September, 1985 Price $4.50 Send orders to Indiana Law Review Indiana University School of Law—Indianapolis 735 W. New York Street, Indianapolis, Indiana 46202 Indiana Laiiv Revieiv VOLUME 18 1985 Number 2 Copyright © 1985 by the Trustees of Indiana University TABLE OF CONTENTS Articles Pornography as Group Libel: the IndianapoHs Sex Discrimination Ordinance William E. Brigman 479 Solving Statute of Limitations Problems Under the Fair Credit Reporting Act Martha F. Davis 507 Notes Third Party Insurer Liability in Title VII Discrimination Actions: A Resolution Against Liability 521 Work Product Discovery in Insurance Litigation 547 Applying Res Judicata in Antitrust Cases: Marrese Provides an Approach, But Few Answers 573 Judicial Review of Shareholder Derivative Suits: Directors' Diminishing Control of Corporate Litigation 599 Volume 18 Spring 1985 Number 2 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published quarterly by the Indiana University School of Law—Indianapolis, which assumes complete editorial responsibility therefore. B.S., Bradley University, 1950; J.D., Indiana University, 1965. Keywords: a.b; associate; college; indiana; indiana university; indianapolis; j.d; law; professor; review; university
• Pornography as Group Libel: the Indianapolis Sex Discrimination Ordinance by Brigman, William E. (1985) - However, group libel laws are by definition a re- striction on the freedom of discussion; hence, courts have been extremely reluctant to endorse them.^' 2^343 U.S. 250 (1952). Even if it has not been overturned, the continued linking of group libel laws with the prevention of violence and disorder has surely limited the applicability of the case to a narrow set of facts. ''^See supra notes 39-64 and accompanying text. ''^Beauharnais, 343 U.S. at 254. Keywords: amendment; beauharnais; court; group; indianapolis; law; laws; libel; note; ordinance; pornography; speech; state; supp; supra; u.s; violence; women
• Solving Statute of Limitations Problems Under the Fair Credit Reporting Act by Davis, Martha F. (1985) - Note, supra note 2, at 1035 (attempts to gain judicial relief [from credit reports] have been stymied by an inappropriate application of the defamation doctrine). Placed in the context of credit reports, this should be when the potential lender receives the inaccurate credit report. Keywords: agency; consumer; court; credit; fcra; information; law; limitations; note; report; reporting; statute
• Applying Res Judicata in Antitrust Cases: Marrese Provides an Approach, But Few Answers by Bailey, Mark A. (1985) - [Vol. 18:573 The Fourth Circuit distinguished Nash from Hayes v. Solomon^^ and Cream Top Creamery v. Dean Milk Company,^^ by indicating that the state antitrust law in North CaroHna, Hke the federal statute, allowed for treble damages, while the applicable state antitrust laws in Hayes and Cream Top Creamery failed to provide for treble damages.^^ The Nash court held that a suit brought in state court under North Carolina's antitrust statute, modeled after the federal statute and including the same right to treble damages, precluded a subsequent federal antitrust suit in federal court. If the state antitrust statute mirrors the federal law, the plaintiff may effectively rely on the same theories or seek the same remedies in state court as he could in federal court. Keywords: action; antitrust; cir; court; f.2d; federal; judicata; law; res; state; state court; suit
• Back Matter by Law Review, Indiana (1985) - Indiana Law Review us. Here's specialized help that tells you what you need to know—quickly, simply—when you have questions about medical malpractice law. MEDICAL MALPRACTICE: BASES OF LIABILITY is both an overview and a summary that offers hard, practice-oriented information in a single volume format. Keywords: address; indiana; law; mailing; new
• Front Matter by Law Review, Indiana (1985) - 751 Volume 18 Summer 1985 Number 3 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published quarterly by the Indiana University School of Law—Indianapolis, which assumes complete editorial responsibility therefore. B.S., Bradley University, 1950; J.D., Indiana University, 1965. Keywords: a.b; assistant; associate; college; indiana; indiana university; j.d; law; professor; school; university
• Releasing Excellence: Erasing Gender Zoning from the Legal Mind by Payton, Sallyanne (1985) - If women lawyers are going to make a difference for women as a class, then, we have to work at it. Women in medicine have reported greater difficulties, and women entering the business world have not thus far achieved anything hke the numerical presence or professional visibility of women in the law. Keywords: case; culture; gender; judge; law; lawyers; school; stories; story; women
• High Technology, the Human Image, and Constitutional Value by Baude, Patrick (1985) - Now, of course, those of you who have the curse of being lawyers realize that Supreme Court opinions not uncommonly exceed one hundred pages. A recent Supreme Court case that only a lawyer could love involved this problem: the defendant's name had been misspelled from the beginning. Keywords: computer; course; court; image; law; people; problem; supreme; way
• Punitive Damages for Crime Victims: New Possibilities for Recovery in Indiana by Gingerich, Elizabeth (1985) - In an attempt to Hmit punitive damage awards to the most deserving plaintiffs, the Indiana Legislature has raised the standard of proof for punitive damages to clear and convincing evidence. the Indiana Court of Appeals held that plaintiffs injured in an automobile accident could not recover punitive damages against a defendant convicted of reckless driving for the same accident. Keywords: act; app; award; co.; code; court; criminal; damages; defendant; ind; indiana; jeopardy; law; n.e.2d; new; note; plaintiff; punishment; rule; state; statute; supra
• Duty to Defend and the Rule of Law Redux: Why a State Attorney General Should Refuse to Let a Governor Sue the Legislature by Rokita, Theodore E. (2022) - Id. § 2-5-1.1-1. 2022] DUTY TO DEFEND AND THE RULE OF LAW REDUX 7 position for the State, I, as Attorney General, denied that request. The Office of Attorney General filed a motion to strike the appearances of the unauthorized counsel. Keywords: article; assembly; attorney general; authority; counsel; court; emergency; general; governor; hea; indiana; law; legislative; session; state
• Redefining Justice for Emerging Adults: Emerging Adult Courts Promise a Cost-Effective Means to Rehabilitate Offenders Who Commit Crimes Prior to Their 25th Birthdays by Weissmann, Leanna (2022) - The SDNY program stresses job preparedness and is particularly proud of its graduates who have gone on to become EMTs, flight attendants, store managers, and union laborers.271 Leroy, in particular, said leaving prison with a felony would have sent him back to the street, running with his old friends instead of managing the Wall Street Starbucks.272 Participants who successfully complete emerging adult court programs get the chance to follow their dreams: buy homes, start families, establish businesses, and build community.273 That type of success is difficult to capture in raw statistical data. Emerging adult courts operate with an understanding that young people tend to learn and grow from their mistakes.22 These specialized courts, like the one Leroy attended, embrace the idea that proper intervention guides an emerging adult from the instability of youth to a lawful life of independence.23 In Leroy’s case, he received services in lieu of jail time.24 Group therapy taught him to control his impulses, question inappropriate peer relationships, and make 11. Keywords: adult; adult courts; adult justice; age; ass’n; brooklyn; community; county; court; criminal; district; health; hon; incarceration; indiana; interview; judge; justice; juvenile; law; leroy; needs; new; participants; people; program; review; services; states; supra note; system; time; u.s; vol; years; young; youth
• Between Scylla and Charybdis: The Courts, the Constitution, and COVID-19 by Amberger, William I. (2022) - After analyzing the judiciary’s approach to constitutional rights during public health emergencies, a few things become clearer. Many important constitutional rights have their own tests and standards, but most share three common traits: 1) the government has the burden of proving that the end in question is more than rational—it must be important or compelling; 2) the end must be substantially and directly advanced by the means; and 3) the means chosen must be narrowly tailored to the end so that infringements on the liberty are minimized as much as possible.34 These principles provide a useful background for analyzing judicial review of constitutional rights in public health emergencies. Keywords: coronavirus; court; covid-19; emergencies; emergency; government; health; judicial; judiciary; law; note; pandemic; powers; public; review; rights; state; supra; u.s; united
• Blood, Sweat, and Tears: The Path to Modernizing the Fragmented DNA Evidence Procedures in Indiana by Pachciarz, Mary Cate (2022) - [Vol. 55:163 Ultimately, through a letter from prison, Barnhouse sought help from the Innocence Project—an organization that exonerates the wrongly convicted via DNA testing.10 With the co-counsel of Professor Frances Watson and the Wrongful Conviction Clinic at Indiana University McKinney School of Law, the Innocence Project pursued DNA testing of the semen collected from the victim and her jeans.11 The Delaware County prosecutor agreed to DNA testing12 and the results excluded Barnhouse as the source of the semen.13 In May 2017, a Delaware County judge vacated Barnhouse’s conviction due to the exculpatory DNA test results.14 At sixty, Barnhouse, who has struggled his entire life with mental health conditions, finally ended his twenty-five-year fight for justice15 and became the 350th person in the United States exonerated by DNA evidence.16 Barnhouse’s story highlights the importance of DNA evidence for correcting errors. IN THE U.S.: A PATH FORWARD 1, 7 (2009), https://www.ncjrs.gov/pdffiles1/nij/grants/228091.pdf [https://perma.cc/MSX4-34X4] [hereinafter 2022] BLOOD, SWEAT, AND TEARS 165 post-conviction litigation often hinges on re-examination of physical evidence subjected to outdated or faulty testing methods.21 But DNA evidence can be destroyed in the time between a conviction and a petition for post-conviction testing.22 Keywords: 263; access; analysis; code; conviction; court; criminal; database; dna; dna evidence; dna testing; evidence; indiana; justice; law; note; post; preservation; procedures; retention; review; state; statute; supra; supra note; testing
• One Strike and You Are Out: Why Indiana Should Enact Legislation to Prevent the Rehiring of Sexual Abusers in Government Positions by Shaulis, J. Cecilia (2022) - The International Association of Chiefs of Police (“IACP”) acknowledged in 2011 that agency leaders resist sexual misconduct policies because they are often in denial regarding the existence of the problem in their agency or because they do not feel it is necessary to take action until an incident occurs within their agency.16 Despite encouragement from the IACP in 2011 to implement sexual misconduct training and policies, much of police sexual assault training centers around investigating and responding to sexual assaults committed by others, not sexual assaults committed by the officers themselves.1 7 The continued existence of news headlines denoting officer sexual misconduct tends to show that little progress has been made in the past ten years.18 Furthermore, police work has been identified as an occupation that encourages or allows occupational deviance.1 9 Occupation deviance is defined as rule or norm-violating behavior that occurs due to the nature of the worker’s occupation.20 Tom Barker, an ex-police officer with over forty years of research experience, uses an occupational deviance framework to explain his findings regarding police deviance and sexual abuse.21 As he explained in his 2020 book: [Vol. 55:193 and authority to commit sexual misconduct. Keywords: assault; court; employee; employers; employment; government; indiana; law; liability; misconduct; officers; police; power; scope; state; strike
• Reasonable Inquiry Under Rule 11—Is the Stop, Look, and Investigate Requirement a Litigant's Roadblock? by Woods, Judy L. (1985) - Although the pleading and amend- ment of pleadings rules in federal court are to be liberally construed, the administration of justice is not well-served by the filing of premature, hastily-drawn complaints. By examining cases decided under amended rule 11, it will focus on the meaning of reasonable inquiry and how this test differs from the prior test of good faith. Keywords: attorney; case; client; court; f. supp; f.2d; faith; inquiry; law; litigation; motion; note; party; pleading; rule; sanctions; supp; supra
• Back Matter by Law Review, Indiana (1985) - And for easy reference, Law Week is fully indexed — by topic and by case title — both for general law and Su- preme Court actions. Here's specialized help that tells you what you need to know—quickly, simply—when you have questions about medical malpractice law. MEDICAL MALPRACTICE: BASES OF LIABILITY is both an overview and a summaiy that offers hard, practice-oriented information in a single volume format. Keywords: law; malpractice; week
• Front Matter by Law Review, Indiana (1985) - 989 Volume 18 Fall 1985 Number 4 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is pubHshed quarterly by the Indiana University School of Law—Indianapohs, which assumes complete editorial responsibility therefore. B.S., Bradley University, 1950; J.D., Indiana University, 1965. Keywords: a.b; associate; college; indiana; indiana university; j.d; law; professor; school; university
• Back Matter by Law Review, Indiana (1985) - And for easy reference, Law Week is fully indexed — by topic and by case title — both for general law and Su- preme Court actions. Here's specialized help that tells you what you need to know—quickly, simply—when you have questions about medical malpractice law. MEDICAL MALPRACTICE: BASES OF LIABILITY is both an overview cmd a summary that offers hard, practice-oriented information in a single volume format. Keywords: law; malpractice; week
• Front Matter by Law Review, Indiana (1986) - B.A., University of Northern Iowa, 1970; M.A., 1971; Ph.D., Indiana University, Bloomington, 1976; J.D., Indiana University, Bloomington, 1981. B.S., University of Nebraska, 1964; J.D., 1966; LL.M., New York University, 1971. Keywords: a.b; associate; b.s; college; indiana; indiana university; j.d; law; professor; university
• Indiana and the World: International Business Law Foreword by Hamilton, Lee H. (1985) - Indiana Law Review Indiana Lai^ Revieiiv Volume 18 1985 Number 1 Indiana and the World: International Business Law Foreword Lee H. Hamilton* With this issue, the Indiana Law Review sets its sights on a goal important to Hoosier farmers, laborers, business people, lawyers, and citizens at large: bringing International Business Law to the forefront of Indiana law. This Survey of International Business Law will be an important feature of the Indiana Law Review's Survey of Recent Developments in Indiana Law. Keywords: indiana; law
• Commercial Impracticability: A Textual and Economic Analysis of Section 2-615 of the Uniform Commercial Code by Prance, Norman R. (1986) - Section 1-102 therefore calls for a considerably more liberal reading of section 2-6 15(a) than the courts have granted to date. First, it does not treat other sections of Article 2 which deal with commercial im- practicability (sections 2-613, 2-614, 2-616, and in Mississippi only, 2- 617). Keywords: analysis; buyer; case; code; commercial; contingency; contract; court; defendant; excuse; impracticability; inc; language; law; parties; performance; plaintiff; price; relief; risk; section; seller; u.c.c
• Oral Contraceptives: Heading Into an Era of Unpredictability, Unlimited Liability, and Unavailability? by Kincke, Victoria J. (1986) - Shocked by the inadequacy of information being given to oral contraceptive users, the FDA announced on the last day of the Nelson hearings that in the future it would require oral contraceptive manufacturers to include a uniform-content leaflet in each package of the product manufactured. Presently, the FDA requires oral contraceptive manufacturers to provide users of the pill with two types of informational materials: (1) a brief summary containing essential information to be included in each package as it is dispensed to each user,^^ and (2) a longer, more detailed labeling device to be included in or dispensed with each package as it is distributed. Keywords: consumer; contraceptives; court; doctrine; drug; duty; f.2d; fda; intermediary; law; liability; macdonald; manufacturer; ortho; patient; physician; prescription; product; warning
• Front Matter by Law Review, Indiana (1986) - B.A., University of Northern Iowa, 1970; M.A., 1971; Ph.D., Indiana University, Bloomington, 1976; J.D., Indiana University, Bloomington, 1981. B.S., University of Nebraska, 1964; J.D., 1966; LL.M., New York University, 1971. Keywords: a.b; associate; college; indiana; indiana university; j.d; law; professor; school; university
• 42 U.S.C. Section 1988: A Congressionally-Mandated Approach to the Construction of Section 1983 by Coleman, Jennifer A. (1986) - Prior to Erie, federal courts applied only the statutory law of the state in which they resided; case law was not binding and federal courts could ignore state common law. 289 Section 1988 was viewed by the Court as authorizing federal courts to consider state common law. Keywords: 1866; act; cases; civil; congress; construction; court; dissenting; federal; immunity; justice; law; purposes; remarks; rights; rights act; rule; section; state court; state law; states; statute; supra; text; u.s; united
• Front Matter by Law Review, Indiana (1986) - B.A., University of Northern Iowa, 1970; M.A., 1971; Ph.D., Indiana University, Bloomington, 1976; J.D., Indiana University, Bloomington, 1981. B.S., University of Nebraska, 1964; J.D., 1966; LL.M., New York University, 197 L Edward P. Archer, Professor. Keywords: a.b; associate; college; indiana; indiana university; j.d; law; professor; review; university
• Foreword by Kinney, Eleanor D.; Green, Barbara McCarthy (1986) - In the first, Liver Transplantation in Massachusetts: Public Policymaking as Morality Play, Professor Havighurst and Nancy M.P. King present the story of Jamie Fiske as a case study of how a centrally- controlled health care system faces difficult choices concerning health care and health care technology. The primary mission of the program is to con- duct scholarly research on health law issues of concern to the state of Indiana and to the nation. Keywords: care; health; indiana; law; program
• Coverage and Care for the Medically Indigent: Public and Private Options by Bovbjerg, Randall R.; Kopit, William G. (1986) - But hospital care involves ancillary services, supplies, or multiple personnel which must be paid for with revenue from some source. Moreover, hospital care is the most heavily insured, which traditionally has given hospitals more third-party revenues from which to cross-subsidize charity care. Keywords: ^^^; access; assistance; benefits; care; cost; county; coverage; e.g.; emergency; example; federal; government; health care; health insurance; hospital; hospital care; income; indiana; indigent; insurance; law; medicaid; medical; new; patients; pay; people; plans; program; providers; public; review; services; spending; state; supra note; tax; uninsured
• Full Circle: The Return of Certificate of Need Regulation of Health Facilities to State Control by Simpson, James B. (1986) - Health care facilities subject to review: The District of Columbia covers health care facilities only if they have an an- nual operating budget of at least $250,000. Reflecting the linkage of the two programs, the original section 1122 regulations also amended the comprehensive health planning regulations to conform their definitions of covered health care facilities. Keywords: additions; bed; bed capacity; beds; capital; capital expenditure; care facilities; care services; certificate; code; cost; coverage; equipment; expenditure; expenditure threshold; facility; health care; health centers; health facilities; health planning; health services; home health; hospital; increases; law; medical; need; need programs; need review; new; nhprda; operating; programs; projects; review; section; service x; state; state certificate; state health; supp; threshold x; x acquisitions; x x
• Reform Revisited: A Review of the Indiana Medical Malpractice Act Ten Years Later by Kemper, James D.; Selby, Myra C.; Simmons, Bonnie K. (1986) - Id. '^Cha V. Warnick, 476 N.E.2d 109, 112 (Ind. 1985), cert, denied, 106 S. Ct. 249 (1985); see also Williams, Indiana Medical Malpractice Act—The Developing Law, 27 Res Gestae 494, 497 (1984). Indiana remains one of a relatively small number of states that limit the amount of damage awards to plaintiffs in medical malpractice cases. '^^ V. Beyond the Panel It may never be possible to determine conclusively whether the statutory measures serve the goals for which they were intended. Keywords: act; care; court; health; indiana; law; malpractice; medical; n.e.2d; panel; plaintiff; review; supra
• Back Matter by Law Review, Indiana (1986) - 249 n re Alessi 531 n re Appert 533 n re Certified Questions 631 n re Disciplinary Proceedings Against Marcus 519 n re Erbecker 269 n re Ewers 267 n re Felmeister 525 n re Gorman 264 n re Grand Jury Investigation 846 n re Grand Jury Subpoena United States 645 n re Hayes 267 n re Johnson 521 n re Jones 264 n re McCarthy 266 n re Marriage of Boren 171 n re Marriage of Mulvihill 198 n re Moore 264 n re Pebsworth 842 n re Primus 504 n re R.M.J. 502 n re Sekerez 523 n re Turner 263 n re von Wiegen 529 n re Westinghouse Electric Corp. Uranium Contracts Litigation 471 n re Zuniga 834 nterboro Contractors, Inc. 243 owa Electric Light and Power Co. v. Atlas Corp. 477 Javins v. First National Realty Corporation 308 Jefferson Electric 244 Johnson v. Mayor and City Council of Balitmore 215 Johnson v. Railway Express 713 Johnson v. St. Vincent Hospital 1144 Johnson v. Trueblood 772 Jones V. J.F. Ahmanson & Co. 764 Jones V. Mayer 717 Jones V. State 155 Jones V. Texas & P. Ry. 368 K Kaczanowski v. Medical Center Hospital of Vermont 1235 Kartell v. Blue Shield of Massachusetts 57 Kavanaugh v. Butorac 445 Keefe v. Geanakos 609 Kentucky Bar Association v. Ganwish 518 Kerchner v. Kinglsey Furniture Co. 210 Keyishian v. Board of Regents 597 Keys V. State 163 King V. Moorehead 319 Klaus V. Hi-Shear Corp. V. United States 64 Spencer v. Honorable Justices of Supreme Court of Pennsylvania 527 Starr v. Campos 745 State V. Baysinger 2 State V. Deskins 33 State V. Garcia 41 State V. McLaughlin 33 State V. Moses 530 State V. Williams 750 State ex rel. Keywords: board; city; co.; company; corp; corporation; hospital; inc; indiana; industries; insurance; johnson; law; new; review; state; superior; united; united states; vol
• Front Matter by Law Review, Indiana (1987) - B.A., University of Northern Iowa, 1970; M.A., 1971; Ph.D., Indiana University, Bloomington, 1976; J.D., Indiana University, Bloomington, 1981. B.S., University of Nebraska, 1964; J.D., 1966; LL.M., New York University, 1971. Keywords: a.b; associate; b.s; college; indiana; indiana university; j.d; law; professor; school; state; university
• Technology and Process: How Changing Rules and Technology Will Impact the Legal Profession, the Justice of Due Process Protections, and How We Judge Competence by Bradford, Cale J.; Coppinger, Jr., Michael Brian (2022) - This rule makes sense for publication service in newspapers, where space for additional text comes at a premium. Likewise, whether proposed Rule 4.13 is passed in its current form or not, I am grateful that the Rules Committee is actively exploring ways that we can use technology to make Indiana courts and our legal system more accessible by making use of available technology. Keywords: court; indiana; law; note; party; person; process; publication; rule; service; summons; technology
• On the Death of Diversity Jurisdiction: An Empirical Study Establishing That Diversity Jurisdiction Is No Longer Justified by DeVito, Scott (2022) - The core of our model arises from the following hypotheses: H1: If geographic bias is a factor in forum choice, then in-state plaintiffs should prefer to file in state court to take advantage of state court bias against out-of-state defendants. H3: If geographic bias is a factor in forum choice, then out-of-state defendants will prefer to remove from state court to federal court in order to avoid state court bias against out-of-state defendants. Keywords: bias; choice; citizens; convention; court; diversity; diversity jurisdiction; factor; federal; filing; forum; jury; law; model; note; persons; rates; rationale; removal; state; state court; supra; u.s
• Religious Liberty, Racial Justice, and Discriminatory Impact: Why the Equal Protection Clause Should be Applied at Least as Strictly as the Free Exercise Clause by Reyes, René (2022) - Justice Scalia emphasized that this did not mean that religious claimants would necessarily be bereft of legal protection.52 However, he was also quite explicit in acknowledging that much of this protection would be subject to the vagaries of majoritarian politics and that minority groups might suffer as a result: It may fairly be said that leaving accommodation to the political process will place at a relative disadvantage those religious practices that are not widely engaged in; but that unavoidable consequence of democratic government must be preferred to a system in which each conscience is a law unto itself or in which judges weigh the social importance of all laws against the centrality of all religious beliefs.53 The Smith Court thus seemed content to entrench a constitutional framework in which those who hold political power and privilege enjoy a greater measure of rights and freedoms than those who do not. Adam Liptak, Supreme Court, in 5-4 Decision, Rejects Church’s Challenge to Shutdown Order, N.Y. TIMES (June 15, 2020), https://www.nytimes.com/2020/05/30/us/supreme-court- churches-coronavirus.html Keywords: approach; black; cases; clause; court; discrimination; exemptions; exercise; exercise clause; fulton; impact; justice; law; laws; liberty; majority; note; protection; protection clause; religion; rev; rights; smith; state; supra; supra note; supreme; times; u.s
• Fundamental Law, Fundamental Rights, and Constitutional Time by McNamee, David (2022) - My account of fundamental law and constitutional law explains an under-appreciated moral reading of this famous dictum, that “we must never forget that it is a constitution we are expounding. My account adopts different answers to two basic questions that divide it from other prevailing theories: first, that citizens, rather than judges, shoulder primary responsibility for interpreting principles of fundamental law; and second, that fidelity to their Constitution requires, above all, keeping faith with their fellow citizens across constitutional time. Keywords: abstraction; account; amendment; arguments; bases; case; citizens; claims; constitution; court; disagreement; dworkin; equality; greene; history; idea; indiana law; interpretation; justice; law; law review; marriage; note; past; principles; question; reason; recognition; respect; rights; scalia; self; supra; supra note; theory; time; u.s; vol; way
• The Race Is On: Should Indiana Join the Legislative Race as States, Congress. and the NCAA Compete to Pass Name, Image, and Likeness Laws? by Denton, Rachel (2022) - Because state law supersedes NCAA legislation, Indiana schools complying with state NIL legislation could lose their NCAA membership eligibility and face retaliation as a result, either from the NCAA or competing institutions. Finally, Section V analyzes Indiana’s options as it relates to NIL legislation, specifically addressing the benefits and consequences of either passing state NIL legislation or electing not to do so; if Indiana elects to pass NIL legislation, this Note explains how Indiana should proceed given its unique position. Keywords: act; athletes; athletic; california; college; compensation; federal; indiana; law; legislation; ncaa; nil; nil legislation; note; schools; sess; sports; state; student; supra
• A Case for the Extension of the De Facto Officer Doctrine by Schafer, Sloan (2022) - The opinion sparked questions concerning the validity of the CFPB’s rules, regulations, and enforcement actions taken prior to Seila Law.2 Former CFPB Director Kathleen Kraninger attempted to ratify the CFPB’s actions.3 Similarly, former CFPB Director Richard Cordray was unconstitutionally appointed to the position in 2013, and he issued a ratification for all of his actions taken prior to his valid reappointment.4 However, Directors Kraninger and Cordray’s ratifications differed in one important aspect. Letter from Kathleen Kraninger, CFPB Director, to Nancy Pelosi, Speaker, U.S. House of Representatives, p. 1 (Sept. 17, 2019). Keywords: bureau; cfpb; consumer; court; director; doctrine; kraninger; law; ratification; seila; seila law; supreme
• Front Matter by Law Review, Indiana (1987) - B.A., University of Northern Iowa, 1970; M.A., 1971; Ph.D., Indiana University, Bloomington, 1976; J. D., Indiana University, Bloomington, 1981. B.S., University of Nebraska, 1964; J.D., 1966; LL.M., New York University, 1971. Keywords: a.b; associate; college; indiana; indiana university; j.d; law; professor; review; school; state; university
• Sovereign Immunity in Indiana: A Proposal to Protect Whistleblowers Against the State Through Legislative Action by Warner, Drew (2022) - Thus, this statute generally provides recourse to individuals who have been wronged by their employer for whistleblowing wrongful acts.85 The intersection of Indiana’s whistleblower statute and the State’s sovereign immunity came to fruition when a former state employee tried to sue the Indiana Department of Environmental Management in state court under the statute.8 6 The Indiana Supreme Court affirmed the trial court’s dismissal of the suit by stating that the Court “will not presume the legislature intended the Act to apply to the State,” and that if the legislature had intended for the term “employer” to apply to the State, “it could have expressed that intention any number of ways. While a plain reading of the statute would seem to imply that the term “employer” would apply to all employers, the Court’s interpretation that the statute did not include the State as an “employer” only reinforced how narrowly a legislative waiver of State immunity will be construed.88 B. Keywords: claims; court; immunity; indiana; law; legislature; n.e.2d; sovereign; state; statute; whistleblower
• Philosophy, Jurisprudence, and Jurisprudential Temperament of Federal Judges by Aldisert, Ruggero J. (1987) - In choosing the term jurisprudence, I am probably influenced by the expression currently in use in France to describe case law — la juris- prudence. Although case law in the French civil law tradition does not have the strong bite of precedent present in the common law countries, the name given to French case law nevertheless expresses at least part of what I comprehend. Keywords: ^^^; action; amendment; cases; constitution; court; decision; federal; general; government; history; indiana law; judges; jurisprudence; jurisprudential; justice; language; law; law review; lawmaking; legislature; new; note; philosophy; policy; principles; process; public; review; rights; rules; society; state; statute; supra; supreme; temperament; time; u.s; vol
• Legal Issues Involved in Private Sector Medical Testing of Job Applicants and Employees by Cross Jr., Leland B.; Haney, Douglas Craig (1987) - Negotiate, if necessary, a broad management rights clause and specific language in its collective bargaining agreement giving management the right to conduct employee medical testing. '^ In contrast to these cases, public employer testing programs providing for random drug testing or the blanket testing of employees en masse, without requiring at least a reasonable suspicion that tested employees are under the influence of or are using illicit drugs, have generally been struck down as violative of the fourth amendment. Keywords: abuse; act; aids; alcohol; arb; bna; co.; court; drug; employees; employer; employment; indiana; job; lab; law; program; results; testing; union
• Rethinking Price-Fixing by Wirtz, Richard S. (1987) - Thus, it is necessary to characterize the challenged conduct as falling within or without that category of behavior to which we apply the label per se price fixing. It has been argued that agreements fixing maximum prices are distinguishable in this regard from other forms of price fixing, and should be judged under the rule of reason. Keywords: act; agreements; broadcast; cases; competition; competitors; court; fixing; inc; law; maricopa; music; ncaa; note; price; reason; rule; sherman; states; supra; u.s; united
• Presenting a State Constitutional Argument: Comment on Theory and Technique by Utter, Robert F.; Pitter, Sanford E. (1987) - Out of the countless decisions reached by state courts during the 1950's and 60' s, only ten state court decisions relied on state con- stitutional provisions to protect individual rights. Next, we will discuss some of the key concepts you need to master, including an understanding of the pivotal effect federalism has on a state judge's constitutional perspective and how various state courts approach state constitutional analysis. Keywords: amendment; approach; art; constitutional; court; decisions; indiana; law; n.e.2d; new; note; oregon; protection; provisions; review; rights; state; state constitution; state court; state supreme; state v.; supra; supra note; supreme court; u.s; united; washington
• Wrongful Adoption: Monetary Damages as a Superior Remedy to Annulment for Adoptive Parents Victimized by Adoption Fraud by Maley, John R. (1987) - Wrongful adoption is a viable cause of action for adoptive parents who are victimized by such adoption fraud. In wrongful adoption cases, therefore, the amount of damages awarded to the adoptive parents should not be offset because any benefits which accrued were not caused by the defendant. Keywords: adoption; annulment; burr; case; child; court; damages; fraud; indiana; law; n.e.2d; note; parents; supra
• Prepayment Penalties and Due-On-Sale Clauses in Commercial Mortgages: What Next? by McNelis, Michael T. (1987) - In order to understand fully the result of allowing lenders to utilize both acceleration and prepayment penalty clauses, it is necessary to examine the judicial treatment of such clauses in the residential context. There, responding to a query from an Indianapolis-based lender, 199 the Board stated that [f]ederal associations may include prepayment penalty clauses in any loan they make and, except for limitations imposed by Board regulations, enforce such clauses according to their terms, state law — including equitable principles—notwithstanding.200 Keywords: board; borrower; clause; court; exercise; federal; interest; law; lender; loan; mortgage; penalties; prepayment; prepayment penalty; sale; sale clause; sav; state
• Dun & Bradstreetf Inc. v. Greenmoss Builders, Inc. Philadelphia Newspapers, Inc. v. Hepps, and Speech on Matters of Public Concern: New Directions in First Amendment Defamation Law by Lewis, Don (1987) - substantial relative to the First Amendment interest in public speech. ^^ Therefore, wrote Justice Goldberg, [t]he imposition of liability for private defamation does not abridge the free- dom of public speech or any other freedom protected by the First Amendment. Keywords: amendment; bradstreet; cases; concern; court; defamation; dun; gertz; interest; issue; justice; law; matter; new; public; speech; times; u.s; york
• Frequent Flyer Benefits: Substantive and Procedural Tax Consequences by Hall, Kathryn Symmes (1987) - Thus, despite the employer's difficulty in tracking the employee's receipt of frequent flyer bonus income, the bonus con- ^^'/c?. Finally, if the airUne reports the fair market value of frequent flyer bonuses awarded, the treatment of frequent flyer bonus income will be consistent with the *' Information at Source reporting requirements of the Code.^^^ Under these requirements, payments of $600 in any year 2*'Internal Revenue Service, Department of the Treasury, Pub. Keywords: airlines; benefits; bonus; bonuses; court; employee; flight; flyer; flyer bonus; fringe; income; law; note; services; supra; supra note; tax; text; u.s
• Front Matter by Law Review, Indiana (1987) - B.A., University of Northern Iowa, 1970; M.A., 1971; Ph.D., Indiana University, Bloomington, 1976; J.D., Indiana University, Bloomington, 1981. B.S., University of Nebraska, 1964; J.D., 1966; LL.M., New York University, 1971. Keywords: a.b; associate; college; indiana; indiana university; indianapolis; j.d; law; new; professor; school; university
• Back Matter by Law Review, Indiana (1987) - Indiana Law Review 1987] INDEX iii ARTICLES A Multi-Perspective Critique of Indiana's Legislative Abrogation of the Col- lateral Source Rule Lawrence P. Wilkins 399 Administrative Adjudication—Revised and Recodified Kathleen Givens Lucas 1 Amendments Curing Defendant Misnomers Under Trial Rule 15 (C): A Bright Line Test of Prejudice for Relation Back? Steven K. Huffer 139 Article 9 of the Indiana Uniform Commercial Code in Transition Edward A. Keirn 61 Attorney's Fees for Frivolous, Unreasonable or Groundless Litigation Andrew W. Hull 151 Claims By and Against Decedents' Estates Debra A. Falender 289 Developments in Business Association Law Paul J. Galanti 19 Developments in Employment Discrimination Law Lynn Brundage Jongleux 243 Developments in Insurance Law: Agents' and Brokers' Liability Donna H. Fisher 231 Developments in Professional Liability Law Donald L. Jackson 281 Developments in Property Law Walter W. Krieger 305 Dun & Bradstreetf Inc. v. Greenmoss Builders, Inc., Philadelphia Newspapers, Inc. Keywords: developments; indiana; law
• Front Matter by Law Review, Indiana (1986) - Indiana Law Review INDIANA LAW REVIEW VOLUME 19 1986 The Trustees of Indiana University Copyright © 1987 Indiana >a\v Revieiv \ oluino 1*^) 1986 Editor-in-Chief Debra D . B.A., University of Northern Iowa, 1970; M.A., 1971; Ph.D., Indiana University, Bloomington, 1976; J.D., Indiana University, Bloomington, 1981. Keywords: a.b; associate; college; indiana; indiana university; j.d; law; ll.m; professor; review; university
• Environmental Law—Legislative Developments by Tabler, Bryan G.; Mawhinney McDermott, Renee (1986) - See generally Ind. Code §§ 13-1-1-1 to -11 (1982 & Supp. 1985) concerning air pollution control, Ind. Code §§ 13-1-3-1 to -17 (1982 & Supp. 1985) concerning water pollution control, and Ind. Code §§ 13-7-4-l(c), (d), and (g), and 13-7-10-1 (Supp. 1985) concerning land pollution control. (establishing the membership of the Solid Waste Management Board). ''See Ind. Code §§ 13-1-1-3, 13-1-3-2, and 13-1-12-6 (Supp. 1985). Keywords: board; code; environmental; ind; indiana; law; new; pollution; pub; supp
• Developments in Business Associations Law by Galanti, Paul J. (1986) - Revised Model Business Corp. Act §§ 1.01 to 17.06 (1984). Sections 72A of the MBCA, and §§ 73, 74, 76-77 and 80 of the MBCA, which were amended in 1976 to conform to § 72A, are contained in chapter 11 of the Revised MBCA. Keywords: act; action; antitrust; app; business; co.; code; corporation; court; damages; defendants; f.2d; inc; ind; indiana; interest; law; model; n.e.2d; partnership; section; securities; u.s
• Banking, Business, and Contract Law by Sullivan, Jr., Frank (2023) - The defendants did ask for Indiana Supreme Court review but that Court unanimously declined.119 C. Successor Liability in Mergers and Acquisitions The Indiana Supreme Court decided New Nello Operating Co v. CompressAir120 during the Survey Period but due to publication delays in last year’s Survey Article, the case is discussed there and will only be summarized here.121 Under the law of mergers and acquisitions, the liabilities of a seller become the liabilities of the buyer if the seller is merged into the buyer.122 On the other hand, the buyer does not take on any of a seller’s liabilities in an asset purchase unless agreed; an “asset purchase” is just what it sounds like: a purchase of assets only.123 Among the exceptions to this latter rule of non-liability are “a purchase that is a de facto . . . ** This Article surveys banking, business, and contract law decisions of the Indiana Supreme Court (“Supreme Court”) and Indiana Court of Appeals (“Court of Appeals”) between September 1, 2020, and August 31, 2021 (“Survey Period”). Keywords: agreement; app; appeals; banking; business; case; co.; company; contract; contract law; corporation; court; damages; evidence; inc; ind; indiana; ivy; law; liability; llc; loss; n.e.3d; quad; sellers; supreme; trial; trial court
• Stasis: Premature to Declare the End of Indiana Constitutional Law--2020-2021 by Chinn, Scott; Pulliam, Daniel E.; Gutwein, Stephanie L.; Little, Elizabeth M. (2023) - But, in connection with providing Indiana courts emergency relief due to the COVID-19 pandemic, the Indiana Supreme Court issued an emergency order providing that “no interest shall be due or charged during” the period of time tolled by the Indiana Supreme Court.204 The trial court presiding over the prevailing plaintiff’s trial construed the Indiana Supreme Court’s emergency order to require the tolling of post-judgment interest on the plaintiff’s verdict through the end of the period tolled by the Court.205 The Court of Appeals explained that, because the legislature has enacted a statute mandating the automatic application of post-judgment interest, the Indiana Supreme Court’s emergency order could not have tolled post-judgment interest.206 Recognizing that Article 3, Section 1 of the Indiana Constitution separates the power of the legislative branch to make law from the power of the judicial branch to decide cases, and that Indiana’s post-judgment interest statute creates a substantive, rather than procedural, right, the appellate court explained that the Indiana Supreme Court is without authority to change Indiana’s substantive laws without a case before it.207 Presuming that the Indiana Supreme Court was aware of, and intended to abide by, this constitutional limitation, the Court of Appeals found that the Court’s emergency order did not apply to post-judgment interest.208 XI. Keywords: appeals; article; constitutional; court; defendant; indiana; indiana court; law; property; section; state; statute; trial court
• Indiana 2021 Healthcare Update and Overview by Cunningham, Norris; Rinehart, Angela M. (2023) - With such severe effects on the global population and normal daily life, the development, approval, and rollout of COVID-19 vaccines could not have come soon enough. The ADA provides, in part “[a] covered entity shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination or inquiry is shown to be job- related and consistent with business necessity. Keywords: act; care; court; covid-19; emergency; employee; health; indiana; law; medical; services; vaccine
• Changes in the Uniform Commercial Code by Johnson, Daniel E. (1986) - Code § 21-1-9-102 is supplemented by §§ 26-1-9-103, -104, -113, and § 26- 1-1-201(37) (1982 & Supp. 1985). 'The additions, taken from §§ 9-114 and 9-412 of the UCC, are codified in Ind. Code §§ 26-1-9-114 and -9-412 (Supp. 1985). Keywords: article; code; filing; ind; interest; law; section; security; supp
• 2021 Indiana Insurance Law -- A Year in Review by Ruesch, Meghan E. (2023) - ”82 Progressive argued that because B&T was not transporting property at the time of the accident, the MCS-90 Endorsement did not apply.83 In affirming the trial court’s decision that the MCS-90 Endorsement applied, the court found that a truck driver’s travel to a site to pick up a load, even though it was empty at the time, constituted a “service related to” the transportation of property to meet the requirements necessary for the MCS-90 Endorsement to apply.84 Readers should note, however, that during the process of publishing this Article, Progressive Southeastern Ins. Co. v. B&T Bulk, LLC was vacated by the Indiana Supreme Court in Progressive Southeastern Insurance Co. v. Brown.8 5 As the Indiana Supreme Court’s opinion is outside of this Survey Period, future Issues will discuss the implications of the decision. Further, Cincinnati argued that even if the Court found that “loss of use” of the premises constituted “direct physical loss or damage,” certain policy exclusions for Ordinance or Law, Delay or Loss of Use, and Acts or Decisions applied to bar coverage for the IRT’s claims.9 The parties’ presented competing proposed interpretations of “physical loss” and presented the Court with various COVID-19 decisions from around the country addressing the meaning and interpretation of “physical loss” in connection with COVID-19 claims.10 Keywords: appeals; auto; cincinnati; co.; court; coverage; indiana; insurance; insured; judgment; law; loss; physical; policy; summary; use
• Survey on Recently Reported Cases in Real Property Law by Crist, Brian C.; Bazakos, Maria M.; Hardcastle, Tyler J.; Hyvarinen, Ida M.; Land, Matthew R.; Laughlin, Ashley L.; Marschke, Katie J.; Morton, Amanda C.; Norlander, Alex; Pegues, JonTia A.; Ragias, Marie; Soshnick, Haley L.; Tirman, Michael R.; Xie, Annie R. (2023) - [Vol. 55:611 trial court also ordered the Steeles to pay the District's back user fees and penalties, back partial rate and penalties, capacity fees, failure-to-connect penalties, and a contractor reimbursement fee.110 The Steeles appealed and argued that the trial court erred, arguing that the District may not punish a property owner, who refused to voluntarily grant an easement, by requiring them to complete and pay for the connection themselves, while property owners who grant an easement have the connection complete at no cost to them.1 1 1 The Court of Appeals held that the District may charge the Steeles for the cost of installation, but may not charge the Steeles for the equipment.112 The Court of Appeals determined that “it was improper for the District to 'incentivize' [the property owner] ‘to voluntarily give up their property by assessing two difference connection charges’” based on the property owners willingness to voluntary convey an easement or not.113 The Court of Appeals stated that the District could have obtained an easement through eminent-domain, but it did not choose to do so, thus because the District did not have a right to enter the Property, it was logical to require the Steeles to do such work at their own expense.114 Despite this, it was not appropriate for the District to charge the Steeles for equipment that property owners who granted the easement voluntarily received for free because the District can provide the equipment without entering the Steeles property, and the ability to enter the Property did not change the cost of the equipment.115 The Court of Appeals emphasized that this was required under Tucker and consistent with a recent holding of a similar case.116 The Court of Appeals affirmed the part of the trial court's order requiring the Steeles to pay for the installation of the system, but reversed the part requiring the Steeles to pay for the equipment.117 IV. Keywords: appeals; city; code; county; court; easement; estate; ind; indiana; judgment; law; llc; lot; notice; owner; property; property law; section; summary; tax; title; trial court; university; use
• 2021 Annual Indiana Law Survey: Federal Tax by Loyd, Mark A.; Rieser, Caitlin G. (2023) - CARES Act § 2301(k), Pub. 26 U.S.C. § 172(b)(1)(D) (as amended by CARES Act § 2303(b), Pub. Keywords: act; cares; code; employer; erc; individual; law; quarter; section; tax; u.s.c; wages
• Recent Developments in Indiana Taxation: Survey 2021 by Swain, Andrew W. (2023) - The Assessor appealed the IBTR’s decision to the Tax Court.467 The Tax Court agreed with the IBTR’s finding that the Indiana property was the Strychalskis’ principal place of residence.468 It held that, though it would like to weigh the evidence differently than the IBTR (that is, in a manner consistent with the PTABOA’s decision), it could not reweigh the evidence or judge anew the credibility of witnesses.469 This function rests solely with the IBTR.470 Accordingly, since the Assessor did not establish that the IBTR’s decision negated the logic and effect of the facts and circumstances presented in the record or that the IBTR erroneously interpreted Indiana property tax law, the Tax Court could not disturb the IBTR’s decision regarding this point.471 The Tax Court noted, however, the IBTR’s holding that for the four years under appeal, the Strychalskis claimed two homestead deductions—one for the Illinois property and one for the Indiana property.472 The 122nd Indiana Generally Assembly, the Indiana Supreme Court, and the Indiana Tax Court all made changes to Indiana’s tax laws in 2021. Keywords: acts; amended; assessment; assessor; business; claim; code; county; department; evidence; ibtr; income; income tax; ind; indiana; indiana code; indiana law; issue; law; new; partnership; property; property tax; pub; review; sales; state; tax court; tax law; taxes; taxpayer; value; year
• (Re-)Configuring Federal Cybersecurity Regulation: From Critical Infrastructures to the Whole-of-the-Nation by Streich, Graham (2023) - See supra notes 167-71. 2022] (RE-)CONFIGURING FEDERAL CYBERSECURITY REGULATION 757 Three core themes in federal cybersecurity obstruct the nation’s overall cyber defense.183 As discussed, current cybersecurity regulation lacks a centralized regulatory body that can enforce nationwide standards.184 Separating data privacy from cybersecurity exacerbates the information-sharing problems that result from non-centralized threat monitoring.185 Additionally, cybersecurity regulation focuses on private sectors and attributing attacks.186 Relying on business cooperation makes monitoring threats harder187 and does not include non-profit entities, like hospitals and schools, and individuals in decision-making.188 Lastly, attributing cyberattacks and relying on private sector cooperation does not maximize ex ante cyber infrastructure defense189 and, given extradition problems, may not lead to enforcement given extradition problems.190 [Vol. 55:733 cybersecurity regulation is entity or industry-specific, with the Federal Trade Commission (FTC) and Securities Exchange Commission (SEC) as enforcers of private sector cybersecurity.19 The Executive’s national security powers also regulate cybersecurity.20 Though President Joseph Biden embraced a “whole-of- [the]-nation” approach to cybersecurity, his Executive Orders focused on critical infrastructures and private sector cooperation.21 Consequently, these laws and Executive Orders do not ensure robust cyber defense protocols across the nation and centralized cyber threat monitoring22 or maximize transparency and certainty for citizens, companies, and insurers.23 Instead, current legislation dichotomizes data protection and privacy from cyberattacks,24 relies on decentralized reporting and self-regulation,25 and focuses on attributing the attack to a specific entity.26 These weaknesses may complicate room/statements-releases/2021/07/28/fact-sheet-biden-administration-announces-further-actions-to- protect-u-s-critical-infrastructure/ [perma.cc/MJ85-FPWB] (describing federal cybersecurity as a piecemeal patchwork of sector-specific statutes that, given the evolving cyber threats the nation faces, recommends new voluntary and mandatory approaches). Keywords: agencies; agency; authority; biden; cisa; companies; current; cyberattacks; cybersecurity; cybersecurity regulation; data; defense; enforcement; federal; ftc; government; information; infrastructure; law; nation; national; notes; pipeline; ransomware; regulation; review; rulemaking; section; states; supra; text; threat; treasury; united
• Reaffirming Housing as Infrastructure in Indiana by IU McKinney Health and Human Rights Clinic; Segura Clouse, Cassidy; Whitley, Katie; Kannmacher, Samantha; Tyner, Emily (2023) - 179 (2011) (describing the five stages of affordable housing development, beginning in the Civil Rights era and leading to the modern era of “smart development” that regards affordable housing as essential infrastructure). ”1 Regarding affordable housing as infrastructure is neither bold nor novel.2 Housing has long been viewed as central to promoting economic growth and household stability.3 Keywords: 55:767; assistance; capital; cheang; city; community; credit; development; federal; health; homes; housing; housing tax; income; indiana; indiana law; indianapolis; infrastructure; investors; lakeside; land; landlord; law; market; new; note; programs; property; rental; review; right; state; supply; supra; tax; tenants; u.s; united; units; use; vol; water; years
• Shattered Brains in Shackles: The Future of Mentally Ill Defendants Following Kahler v. Kansas by Price, Hannah (2023) - TREATING TROUBLED MINDS: LOSE THE LOTTERY AND RENDER REFORM Existing methods of mental health treatment in the criminal justice system are unacceptable, with less than one out of five inmates suffering from psychiatric illness receiving treatment during incarceration.155 With the complex system and unpredictable outcomes associated with raising insanity, many defendants refrain from raising the defense, and even if they attempt the defense, the likelihood of success is trivial.156 Furthermore, the Supreme Court has continuously upheld state insanity laws, even when evidence of potential bias exists.157 The most 149. According to a 2018 study from the University of Nevada, Reno, white jurors tend to have more positive attitudes towards mentally ill defendants and are often more accepting of insanity claims compared to non-white jurors.139 Furthermore, jurors who are not affiliated with a religious group typically have more positive attitudes towards mental illness, the existence of mental insanity, and insanity as a legal defense as opposed to religiously affiliated jurors.140 Political party affiliation also revealed bias, with Republicans having the most negatives attitudes toward mental illness compared to Democrats and Independents.141 The aforementioned data can be problematic for a defendant attempting an insanity defense if his attorney is unaware of these potential biases or unable to adequately question the potential jurors. Keywords: court; criminal; defendants; defense; health; illness; individuals; insanity; insanity defense; kahler; kansas; law; mental; note; states; supra; supra note; treatment; u.s
• Can Criminals Reshaped Environmental Law? An Analysis of McGirt and its Implications on Regulating the Environment by Sokolowski, Thomas B. (2023) - Thus, the federal government, and not the states, is responsible for implementing federal environmental regulations within Indian Country.30 The federal government can, however, delegate the authority to implement these laws in Indian Country to Indigenous tribes or to states.31 Not to be overlooked, the United States also interacts with Indian tribes through treaties, pursuant to the Treaty Clause.32 Ratified by the Senate, these treaties are the supreme law of the land per the Supremacy Clause, and therefore preempt conflicting state laws.33 The Constitution and these treaties form the basis of what is commonly characterized as a “trust relationship” between the federal government and Indian tribes; the federal government is in a trustee position and Indian tribes are in a trust beneficiary position.34 While Indigenous peoples often view these treaties as “sacred, often familial arrangements that cannot be broken,” Congress approaches the treaties as legislation that can be “unilaterally abrogated. Consequently, Congress reserves for itself the power to abrogate treaties, and thus the power to abrogate Indian treaty rights.36 Treaties, along with the Supreme Court’s interpretations of treaties, have been critical to establishing or diminishing many of the rights that Indian tribes have regarding protecting the environment and relating to the land.37 B. Jurisdiction of Muscogee (Creek) Nation on Environmental Regulations The jurisdictional blueprint for tribal environmental regulation is based on federal Indian law doctrine, which is “as incoherent as it is complicated,” and is often described as a “maze. Keywords: act; federal; indian; law; mcgirt; muscogee; nation; note; oklahoma; state; supra; supra note; tribal; tribes; u.s
• Post-It Notes, Checklists, and Other Stuff! by David, Steven H. (2023) - As to the sixth post-it, throughout various seasons of my life, whether as a soldier, practicing attorney, judge, active member of State and local legal initiatives, professor, and Supreme Court Justice, I’ve learned that developing and cultivating relationships is critical. Don’t worry about what other people are doing or are not doing—DO YOU! Keywords: court; indiana; justice; law; people; post
• Justice Steven H. David: The Rule of Law Always by Rush, Loretta H.; Woodward, Joshua C. (2023) - ”121 Similarly, in Glover v. State, Justice David’s separate opinion reflects his desire for the Court to take cases in which it can provide guidance to the bench and the bar.122 There, he expressed concern that an attorney misrepresented to the trial court during voir dire that he was entitled to briefly present the case to the jury when permitting this “mini opening” is within the court’s discretion.123 Recognizing that our Court had not yet addressed the proper procedure or scope for mini-opening statements, Justice David felt transfer was warranted to “provide clarity to our trial courts on how to permit and regulate” such statements.1 24 Another example is Cruz Rivera, mentioned earlier for different reasons, where Justice David felt the Court was passing up an opportunity to “provide guidance on the conflict” between a jury rule and a statute.125 These opinions, and others, exemplify Justice Slaughter’s observation: “From the Justices’ private conferences to public bench and bar events, Steve David has urged that Supreme Court opinions serve as a how-to guide for trial judges to understand the law and apply it correctly. Justice David has represented all of us during his last twelve years on the Court and, before that, during his distinguished career in the military, private practice, the corporate world, and the trial bench. Keywords: chief; court; david; indiana; justice; justice david; law; note; rule; rush; state; supra; system
• Conversations: A Tribute to Justice David by Hinshaw, Angka E. (2023) - The distinguished guests included Chief Justice Rush and then state bar President Michael Tolbert.18 Without the leadership of Justice David, the Indiana appellate courts, and the Indiana State Bar Association, the mark of the program would not have been remembered. CONVERSATIONS: A TRIBUTE TO JUSTICE DAVID ANGKA E. HINSHAW, ESQ.* Justice David is a decorated former military lawyer and a respected Indiana judicial officer. Keywords: david; indiana; justice; law; state
• Biting the Bullet: A Bipartisan Solution to Increase Debtors' Access to Chapter 7 Relief While Exempting Firearms in a Bankruptcy Case by Kundawala, Ishaq (2023) - They are designed to be relatively simple and straightforward and comprise the majority of bankruptcy cases filed. [Vol. 56:33 paid from the debtors’ estates, the debtors’ attorneys must be authorized by the trustee and approved by the court.100 As Part II of this Article has shown, this requirement creates a substantial barrier for debtors’ access to Chapter 7 relief because many debtors simply cannot afford the high upfront costs. Keywords: access; attorney; bankruptcy; case; chapter; court; debtors; fees; filing; lamie; law; note; relief; services; supra; trustee
• The Article Contains 400 Calories: A Critique of, and Call for Expansion to, the Menu Labeling Requirements of Section 4205 of the Affordable Care Act by Meyer, Patrick (2023) - THIS ARTICLE CONTAINS 400 CALORIES 93 Stimulus money can be used to invest in digital menu boards, to pay testing companies to evaluate the nutrition content of restaurant food, or to pay for database access to existing nutrition information. [Vol. 56:59 A 2018 article, called “Higher-Calorie Menu Items Eliminated in Large Chain Restaurants” by Bleich et al., found that large chain restaurants reduced calories in their menu offerings as section 4205 of the ACA was about to be implemented in 2018.82 After analyzing over 27,000 menu items of sixty-six of the one hundred largest restaurant chains from 2012 to 2015, the authors found that newly added menu items contained sixty fewer calories (or 12% fewer calories), items that stayed on the menu for all four years of the study contained 102 fewer calories than items that were dropped (about 18% fewer calories), and that restaurants posting menu items had fewer item calories than non-posting restaurants.83 Similar results were found in a 2016 article called “Macronutrient Composition of Menu Offerings in Fast Food Restaurants in the U.S.” by Jarlenski et al.84 The authors analyzed 11,737 menu items from thirty-seven fast food restaurants from 2012 to 2014 and found that new food menu items in 2014 had fifty-two fewer calories than 2012 food items and new beverage items had thirty-six fewer calories than 2012 beverage items.85 The authors simply attributed the decline in calories as part of the general trend that restaurants are employing,86 perhaps because these restaurants were anticipating that these changes would soon be necessitated by the implementation of section 4205, as the Bleich study of sixty-six of the largest chain restaurants noted.87 These recent studies dovetail nicely with a prior summary of recent studies that this author has previously published.88 Studies from other countries have shown that menu labeling is effective. Keywords: article; boards; calories; chain; costs; establishments; fda; food; food establishments; food labeling; health; information; items; labeling; law; menu; menu items; menu labeling; note; nutrition; nutrition information; nutrition labeling; restaurants; rule; section; supra
• NCAA "NIL," Student-Athletes "Won": The Recommended Approach for Indiana's Name. Image, and Likeness Legislation Following NCAA v. Alston by Wallace, Adam (2023) - can justify not paying student athletes a fair share of the revenues on the circular theory that the defining characteristic of college sports is that colleges do not pay student athletes. While many states have passed NIL legislation, Indiana and the federal government have not, and neither appear close to passing any regulations.23 This leaves Indiana student-athletes, 13. Keywords: agreements; athletes; athletic; compensation; court; indiana; law; legislation; ncaa; nil; note; policy; state; student; supra; universities; university
• Indiana Civil Forfeiture: How Should We Proceed? by Deig, Evan (2023) - Part II discusses the core issues in Indiana civil forfeiture law and identifies concerns that future legislation should address. The State is only required to prove by a preponderance of the evidence that a nexus exists between property and criminal conduct or activity.16 Indiana’s civil forfeiture scheme maintains an enormous profit incentive as most forfeited proceeds go to law enforcement and prosecutors.17 Individuals subject to Indiana civil forfeiture are not entitled to a jury trial.18 If a litigant is indigent, they are unlikely to be appointed counsel.19 Thus, fundamental due process concerns remain as those without lawyers face a system that favors the well-equipped and powerful state. Keywords: counsel; court; enforcement; forfeiture; funds; government; indiana; indiana law; jury; law; law enforcement; note; profit; proof; property; right; standard; state; trial
• Find My Friends: Police Edition -- Analysis of United States v. Hammond and the Right to Privacy in Real-Time CSLI by Zuchkov, Julia (2023) - Levinson-Waldman, supra note 12, at 2 (explaining that “pinging” relies on technology called “Enhanced 911 (E911) data, which allows law enforcement to pinpoint the location of cell phones that have placed 911 calls; a provider can also make a reverse 911 call, allowing the police to invisibly track a target’s cell phone in real time.”). our movements.5 Regular access to cell phone location information can tell law enforcement whether someone is a heavy drinker, a regular churchgoer, or faithful to their spouse.6 Not only is law enforcement able to * J.D. Candidate, 2023, Indiana University Robert H. McKinney School of Law; B.A., 2016, University of California–Davis. Keywords: carpenter; cell; cell phone; collection; court; csli; enforcement; hammond; law; law enforcement; location; phone; privacy; search; states; time csli; united; united states; warrant
• Reflections on Judging in the Federal Courts by Hamilton, David F. (2023) - In one case, I went so far as to urge district judges to ask in so many words, “Why should I care?”28 These opinions are consistent with many authored by other judges, but I’ve been particularly enthusiastic and persistent. When I joined the Seventh Circuit, United States v. Cunningham instructed district judges to make sure that they addressed in sentencing the defendant’s “principal arguments in mitigation.”16 Keywords: cases; cir; circuit; court; district; judge; law; opinions; rule; states; united; work
• A Tribute to Judge Hamilton by Sykes, Diane S. (2023) - After some thoughtful remarks on Judge Wilkinson’s thesis, Judge Hamilton declined to endorse any particular judicial philosophy, explaining instead that he practices what he called “ordinary judging,” bringing all relevant legal tools to bear on each case—text, precedent, doctrine—while paying special attention to the structural relationships among different institutions of government.2 Though he used the phrase “ordinary judging” to describe his work,3 anyone who has read Judge Hamilton’s opinions knows that they are far from ordinary. Judge Hamilton has a gift for synthesizing the law and explaining it in a compelling and accessible way. Keywords: court; hamilton; indiana; judge; law; state
• A Salute to Judge David F. Hamilton by Bayh, Evan (2023) - A SALUTE TO JUDGE DAVID F. HAMILTON EVAN BAYH* Judge David F. Hamilton is passing the gavel at an appropriate time after twenty-eight distinguished years as a Federal Judge. Judge David F. Hamilton, U.S. Keywords: court; david; governor; hamilton; indiana; judge; law; state
• A Tribute to Judge David Frank Hamilton by DeLaney, Kathleen A. (2023) - Judge Hamilton set a terrific example of what it means to be a committed lawyer and a very hard worker, and that example has informed how I think about my role as an attorney today.48 President Barack Obama nominated Judge Hamilton to the Seventh Circuit on March 17, 2009, as his first judicial nominee.49 On November 19, 2009, the U.S. Senate confirmed Circuit Judge Hamilton.50 Judge Hamilton located his Circuit Court chambers in Bloomington, Indiana.51 Marisa Van Saanen, one of Judge Hamilton’s law clerks at the time, shared her memory of traveling with Judge Hamilton to Chicago from Bloomington: A TRIBUTE TO JUDGE DAVID FRANK HAMILTON KATHLEEN A. DELANEY* INTRODUCTION When Judge Hamilton announced that he would assume senior status upon the confirmation of his successor,1 the Seventh Circuit bar knew that it would be losing one of its most brilliant minds, hardest workers, and kindest mentors. Keywords: cases; circuit; class; court; delaney; hamilton; judge; judge hamilton; law; llc
• Commerce with Indian Tribes: Original Meanings, Current Implications by Rabkin, Jeremy (2023) - Part II argues that federal power over Indian tribes was understood as a means of excluding outside interference with tribes, by foreign nations but also by U.S. states. [Vol. 56:279 A traditional way of enforcing a treaty or of inducing a foreign nation to agree to a treaty is with trade sanctions: the United States can impose a special tariff on a disfavored state or even prohibit all trade with that state.17 It is the nature of such sanctions to be specific to disfavored nations, so that nations which do conform to U.S. expectations can be accordingly favored.18 The Constitution, however, seems to prohibit federal trade sanctions against U.S. states by requiring that no tax can be imposed on exports from states (which could include exports to other states)19 and that import taxes must be uniform among all ports of the United States.20 Just as there are no such limitations on targeted sanctions against foreign nations, there is no stated limitation in the Constitution on trade restrictions applied to particular tribes. Keywords: act; american; art; authority; castro; claims; clause; commerce; congress; constitution; court; crimes; federal; foreign; government; huerta; indian; indian commerce; jurisdiction; justice; law; nations; new; note; power; sovereignty; states; supra; supreme; tax; territory; treaties; treaty; tribal; tribes; u.s; united; united states
• Rooted: Metaphors and Judicial Philosophy in Artis v. District of Columbia by Heppner, Jr., Richard L. (2023) - Metaphors as Ornamentation B. Favorable Views of Metaphor 1. But see Condello, supra note 29, at 25-26 (noting the “common ground of metaphor and analogy” and arguing that they share a similar poetic force in the law); DEDRE GENTNER ET AL., Metaphor is Like Analogy, in THE ANALOGICAL MIND: Keywords: artis; clock; columbia; congress; court; district; federal; ginsburg; gorsuch; justice; justice ginsburg; justice gorsuch; language; law; legal; limitations; metaphors; note; period; shelf; state; statute; supra; tolling; use
• NFT Ownership and Copyrights by Murray, Michael D. (2023) - 58 This may be the first “Ah ha!” concept that will help to clarify why NFTs do not automatically convey copyright rights to an NFT purchaser: ————————————————————————————— 54. Now, the issues concerning digital works come to the front when the purchaser of the NFT would like to possess a copy of the digital artwork. Keywords: artwork; blockchain; contract; copyright; image; law; nft; nfts; owner; ownership; purchaser; rights; smart; work
• Reasonable Seizures on False Charges: Should Probable Cause to Detain a Person for any Crime Bar a Malicious Prosecution Claim Under the Fourth Amendment? by Alter, William (2023) - A majority agreed that the filing of malicious charges would not violate the Fourteenth Amendment on substantive due process grounds.151 Justice Kennedy recognized that “a malicious prosecution, like a defamatory statement, can cause unjustified torment and anguish—both by tarnishing one's name and by costing the accused money in legal fees and the like. This Note argues that malicious prosecution claims should not lie under the Fourth Amendment when probable cause exists to detain a person for any crime—no matter how abusive, as a matter of common sense, the false charge that is challenged may be. Keywords: amendment; cause; charge; charge rule; circuit; court; crime; fourth; law; prosecution; rule; tort; u.s
• Emerging Technologies and Lagging Laws: Article 12 and the UCC's Attempt to Commercially Incorporate the Rapidly Changing World of Digital Assets by Gordon, John (2023) - The term ‘digital asset’ (A) means an asset— (i) that is created electronically or digitally through software code; (ii) that is programmed with rules that— (I) govern the creation, supply, ownership, use, and transfer of such digital asset; and (II) are designed to resist modification or tampering by any single person or persons under common control; (iii) that has a transaction history that— (I) is recorded on a— (aa) distributed digital ledger; or (bb) digital data structure in which consensus is achieved through a mathematically verifiable process; (II) is updated as soon as possible in accordance with the digital asset programming rules related to transactions and ownership; and (III) after consensus is reached is designed to prevent modification or tampering with the ownership or transaction history by any single person or persons under common control; (iv) That is capable of being transferred between persons through a decentralized method without an intermediate custodian; and (B) is a broad term which includes several other terms used to describe digital assets by market participants and regulators such as ‘virtual asset’, ‘virtual currency’, and ‘convertible virtual currency’ among others.118 116. Whether a security interest has “attached” and has been “perfected” depends upon compliance with rules set forth in Article 9, and these rules differ depending upon the category of collateral involved.80 This presents a problem for cryptocurrency and other digital assets. Keywords: article; assets; code; commercial; committee; definition; digital; law; note; record; rights; section; states; technologies; ucc
• Indiana's Attorney Too General: A Constitutional and Policy Analysis on the Need for Statutory Reform by Rupert, Christopher T. (2023) - ”60 Indiana Code article 4-6 assigns various responsibilities to the attorney general; Indiana Code section 4-6-1-2 creates the Office of Attorney General and requires the position to be elected to a four-year term while Indiana Code chapter 4-6-2 encompasses “Powers and Duties” of the office.61 Specifically, in the first section of the “Powers and Duties” chapter, titled “Prosecuting and defending suits by or against state and state officers,” “[t]he attorney general shall prosecute and defend all suits instituted by or against the state of Indiana,” “represent the state in all criminal cases in the Supreme Court,” “defend all suits brought against the state officers in their official relations, except suits brought against them by the state,” and “attend to the interests of the state in all suits, actions, or claims in which the state is or may become interested in the Supreme Court of this state. If an attorney general aspires for higher office, namely the office of governor, their actions—right or wrong—as attorney general will likely influence both their political future as well as the current governor’s.82 With full independence and the ability to directly affect the perceived success of the current administration, the possibility and temptation to choose that route is facilitated by the current statutory landscape. Keywords: attorney general; branch; constitution; counsel; court; executive; governor; indiana; law; note; office; power; state; statute; supra; supreme
• Discipline of Attorneys for Personal Misconduct by Fisher, Donna H.; Hussmann, William G. (1986) - During this past year's Survey period, the Indiana Supreme Court again decided a large number and wide variety of attorney discipline cases.' Indiana case law holds that violation of an Ethical Consideration alone will not support disciphne.^^ Keywords: attorney; conduct; court; ind; indiana; law; misconduct; n.e.2d; respondent; turpitude
• Lessons from West Virginia: Leveraging Law Clinics to Facilitate Broadband Infrastructure Development by Baskaran, Priya (2023) - The statute enabled a group of twenty individuals to form a broadband cooperative association, an official entity authorized to develop, own, and operate community owned infrastructure. This research was encapsulated within the toolkit as case studies, illustrating the complexity of infrastructure development while showcasing the long-term benefits of community owned infrastructure for traditionally excluded rural communities. Keywords: access; broadband; clinic; communities; development; feb; infrastructure; internet; law; rural; state; virginia; west
• An Apple a Day Keeps the ISP at Bay: The Need for Greater Broadband Access and Its Impact on Telehealth by Hunter, Gavin P. (2023) - However, new research from Dr. George S. Ford, the Chief Economist of the Phoenix Center for Advanced Legal and Economic Public Policy Studies, shows that due to the relative price-inelasticity of demand for broadband internet services, that price-based policies will do little to expand adoption of broadband services.120 Dr. Ford advocates that expanding availability will have a greater effect on adoption of broadband services by underserved areas than price regulations like those that could be implemented by the FCC under common carrier rate regulations.121 Specifically, he suggests that subsidies would be a smarter policy decision for expanding broadband access.122 Using a consumer surplus analysis, Dr. Ford found that if 85% of unserved homes subscribed to newly-available broadband access, the consumer surplus would be approximately $9.6 billion annually and $90 billion in value over 10 years.123 In contrast, the effects of a 10% price cut from the average $60 cost of broadband service would have the benefit of only $214 million, well below the $9.6 billion consumer surplus benefit.124 C. Local Control in Broadband Access 1. Background.—In April 2021, New York passed legislation aimed at lowering the cost of broadband internet services for low-income consumers.65 The legislation was a part of New York’s state budget and included numerous 59. Keywords: access; broadband; care; court; fcc; federal; hospitals; individuals; internet; law; new; providers; rural; services; state; supra; telehealth
• The Implied Duty of Good Faith and Fair Dealing: Indiana vs. Delaware by Huff, Samuel (2023) - I. OVERVIEW OF THE IMPLIED DUTY OF GOOD FAITH IN DELAWARE LAW A. General Approach to the Implied Covenant The implied duty of good faith gained widespread acceptance across the States following the promulgation of the UCC in 1951. THE IMPLIED DUTY OF GOOD FAITH AND FAIR DEALING 579 However, although the duty of good faith and fair dealing is implied in all contracts, Delaware courts are still reluctant to infer implied obligations arising from a duty of good faith.15 Delaware recognizes the implied covenant only in narrow circumstances, describing such cases as those which “should be rare and fact-intensive, turning on issues of compelling fairness.”16 Keywords: contract; courts; covenant; dealing; delaware; duty; faith; indiana; law; n.e.2d; parties
• Fighting Over Forum: How State Common Law Public Nuisance Claims Will Shape the Future of Climate Change Litigation by Tharp, Drew (2023) - [Vol. 56:623 whether these cases belong in state or federal courts.7 For reasons this Note will explore, the plaintiffs in these cases are pursuing state law claims, but the existence of the Clean Air Act (“CAA”)8 and the Supreme Court’s decision in American Electric Power v. Connecticut (“AEP”)9 have sowed doubt as to whether state law has any role left to play in climate change litigation. (noting that “[t]he test is whether Congress clearly manifested an intent to convert state law claims into federal-question claims”). Keywords: change; claims; climate; complaint; court; defendants; federal; law; note; nuisance; oakland; plaintiffs; public; state; supra
• A Limited Discovery Rule for Indiana: Barnes v. A.H. Robins Company by Leibman, Jordan H. (1986) - For example, Indiana plaintiffs barred by the relatively short two-year tort statute of limitations'**^ might plead that their cases sound in contract rather than tort,'^^ or that their facts should be read as raising both contract and tort claims. '^^ The justification for upholding the repose presumption of limitation statutes is said to be based in part upon the proposition that persons who sleep upon their rights may lose them. Keywords: action; app; cases; cause; claim; court; damages; defendant; discovery; ind; indiana; injury; law; liability; limitations; n.e.2d; plaintiff; product; rule; shideler; statute; text; tort; years
• Is the Danger Really Open and Obvious? by Pardieck, Roger L.; Hulbert, Sharon L. (1986) - Conclusion The Corbin decision promises to have an impact on Indiana's open 'i: and obvious danger rule in two major areas. ^ Indiana courts have followed the latter approach exclusively and treat the issue of open and obvious danger as a question of law.^ The recent case of Corbin v, Coleco Industries, Inc.^^ does not alter this approach, but offers new factors for consid- eration in determining whether a danger really is open and obvious. Keywords: actions; court; danger; danger rule; indiana; law; liability; n.e.2d; negligence; product
• The Indiana Mandatory Seatbelt Use Law and Its Effect upon Automobile Tort Litigation by Wilkins, Lawrence P. (1986) - Indiana case law had long established that the seatbelt defense was conceptually related to principles of com- parative fault and that until the legislature enacted comparative fault and a duty to buckle up, the defense would not be recognized. In a nutshell, at this level of analysis, the defense may enter the case because it will be asserted as common law fault, not as statutory fault. Keywords: act; damages; defendant; defense; failure; fault; indiana; jury; law; plaintiff; safety; seatbelt; statute
• Front Matter by Law Review, Indiana (1987) - Indiana Law Review INDIANA LAW REVIEW VOLUME 20 1987 The Trustees of Indiana University Copyright © 1987 Indiana Laiv Review Volume 20 1987 Editor-in-Chief Gayle Reindl Executive Editors Articles and Production John Joseph Tanner Notes and Topics Richard Allen Kempf Don Anderson Elaine M. Chaney Articles Editors Ronald d'Avis Mary Dreyer Victoria J. Kincke Business Editor Barbara Arnold Harcourt Note and Development Editors Denise Clare Andresen Laura S. Reed Joseph Wayne Foye Carla Cowles van Dongen James C. McKinley James E. Utterback Associate Timothy Shawn Durham Mark Eiler Flexter Paul D. Fredrick John R. Gaskin Thomas R. Haley III Alan D. Hutchinson James D. Johnson Lori F. Kaplan Cheryl Knodle Kathleen Pollock Mills Editors Scott S. Morrisson Lannette J. Moutos Jeffrey James Neal Reed S. Oslan Scot W. Overdorf Nana M. Quay-Smith Marcia Cox Templeton Linda Walker Judy L. Woods Christopher B. Young Editorial Assistant Amy Morrison Grubbs Faculty Advisor Paul J. Galanti MAY 2 21987 I uBmf Periodical Co/lection Volume 20 No. 1 1987 Dedication Gerald L. Bepko 1986 SURVEY OF RECENT DEVELOPMENTS IN INDIANA LAW Contributors to This Issue Susan Burke Mary Beth Claus Debra A. Falender Kenneth J. Falk Donna H. Fisher Joseph M. Forte Paul J. Galanti Steven K. Huffer Andrew W. Hull Donald L. Jackson Lynn Brundage Jongleux Edward A. Keirn J.B. King Walter W. Krieger Kathleen Givens Lucas Roger L. Pardieck Cathleen J. Perry David M. Powlen Edwin J. Simcox Susan Stuart David L. Swider Lawrence P. Wilkins LW REVIHAS Search thousands of law review and bar journal articles effortlessly on WESTLAW! B.A., University of Northern Iowa, 1970; M.A., 1971; Ph.D., Indiana University, Bloomington, 1976; J.D., Indiana University, Bloomington, 1981. Keywords: a.b; assistant; associate; college; developments; indiana; indiana university; indianapolis; j.d; james; jerry; law; professor; review; school; university
• Administrative Adjudication—Revised and Recodified by Givens Lucas, Kathleen (1987) - Under the new law, the ALJ can stay agency orders in both categories of licensing during the course of administrative adjudication. ' However, other areas regulated by AAA agencies, such as the recently created environmental protection programs, almost defy definition of who may be affected. Keywords: administrative; agency; article; code; commission; ind; july; law; order; review; supp
• Developments in Business Association Law by Galanti, Paul J. (1987) - The plan adopted by the CTS board gave CTS shareholders a distribution of one right*' per share. When the flip-over provision was triggered, CTS shareholders could purchase common shares of the acquiring com- pany worth $150 for $75. Keywords: act; business; code; corporation; court; cts; dca; directors; general; group; indiana; judge; law; limited; management; n.e.2d; plan; rights; shareholders; shares; statute; supp; tender
• The Indiana Business Corporation Law: Tool For Flexibility Simplicity and Uniformity by Simcox, Edwin J. (1987) - Directors and Officers A. Indemnification, Standard of Conduct, and Liability Liabihty of directors, officers, employees, and agents has become a critical issue in modern corporation law, necessitating a detailed and specific chapter on indemnification. This includes corporations formed not only under the IBCL but also those corporations formed under the IGCA^ or any other prior, for-profit corporation law in Indiana.^ Keywords: business; code; code ann; corporation; ibcl; ind; indiana; law; supp; west; west supp
• Developments in Indiana Appellate Procedure: Rule Amendments, Remarkable Case Law, and Court Guidance for Appellate Practitioners by Babb, Bryan H.; Dick, Bradley M.; Shah, Seema R. (2023) - See Two IU McKinney Alumni Under Consideration for Indiana Court of Appeals, IU 2023] Indiana Law Review Volume 56 2023 Number 4 SURVEY DEVELOPMENTS IN INDIANA APPELLATE PROCEDURE: RULE AMENDMENTS, REMARKABLE CASE LAW, AND COURT GUIDANCE FOR APPELLATE PRACTITIONERS BRYAN H. BABB* BRADLEY M. DICK** SEEMA R. SHAH*** INTRODUCTION The Indiana Supreme Court promulgates the Indiana Rules of Appellate Procedure (“Appellate Rules” or “Rules”), and Indiana’s appellate courts—the Indiana Supreme Court, the Indiana Court of Appeals, and the Indiana Tax Court—interpret and apply the Rules. Keywords: appeals; appellate; appendix; court; indiana; law; motion; order; rule; supreme; trial
• Business, Banking, and Contract Law by Sullivan, Jr., Frank (2023) - This Article will not itemize every banking, business, and contract law case decided during the Survey Period. Id. 2023] BANKING, BUSINESS, AND CONTRACT LAW 673 the Crime Victim’s Relief Act (“CVRA”).27 The trial court entered a judgment of approximately $322,000 (including interest and attorney’s fees) in favor of AFC on its breach of contract claim, but the trial court held that Metro did not commit conversion.28 Both sides appealed.29 Metro argued that the trial court had miscalculated damages by including a $79,000 item twice.30 AFC conceded the point, and the Court of Appeals reduced the amount of the award accordingly.31 For its part, AFC contended the trial court had committed clear error in not finding Metro guilty of conversion, thereby opening the door to treble damages under the CVRA.32 The trial court judge had found that AFC had not proved conversion even by a preponderance of the evidence.33 The Court of Appeals agreed, and its analysis is instructive.34 Judge Najam recited precedent to the effect that “money may be the subject of a conversion action only if it is ‘a determinate sum with which the defendant was entrusted to apply to a certain purpose.’”35 Keywords: agent; agreement; app; appeals; arbitration; bank; banking; business; contract; contract law; court; inc; ind; indiana; judgment; language; law; loss; n.e.3d; national; parties; second; simon; sns; supreme; supreme court; trial; trial court
• Separation of Powers: Indiana Constitutional Law to the Forefront -- 2021-2022 by Chinn, Scott; Pulliam, Daniel E.; Gutwein, Stephanie L.; Little, Elizabeth M. (2023) - Rather, the argument contradicted Indiana Supreme Court authority that determining the degree of privacy interest sufficient to confer standing is determined on a case- by-case basis.60 In Ramirez v. State, the Indiana Supreme Court held that a warrantless seizure of a security camera recorder was reasonable under Article 1, Section 11’s totality of the circumstances test.6 1 The degree of suspicion was high because law enforcement could see on the monitor connected to the recorder that the security camera displayed live surveillance footage with a clear view of the driveway of a home where a toddler was found dead of what was later determined to be multiple blunt force injuries.62 The footage could be “clearly critical” to the investigation and potentially corroborate the timing of when the suspect arrived at the home.63 The seizure of the recorder did not limit anyone’s movements and law enforcement obtained a search warrant before viewing the footage lowering the degree of the intrusion.64 Finally, leaving the home to obtain a search warrant could have compromised the evidence given that the owners of the home were not detained, and electronically stored evidence may be easily destroyed.65 Given these factors, the seizure of the device did not violate the Indiana Constitution.66 The court also found that under Article 1, Section 16, the defendant’s offense was so severe that his sentence of life without parole was not disproportionate even though the jury found that he had committed the murder knowingly but not intentionally.67 A life sentence without the possibility of parole was proportional and graduated to the brutal murder of a toddler, who was put in his care, that 55. The Indiana Supreme Court affirmed the trial court.259 “Our Constitution guarantees the citizens of Indiana Keywords: appeals; article; constitutional; court; defendant; indiana; indiana law; law; n.e.3d; public; section; state; statute; supreme; trial; trial court
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel E. (2023) - coupled with the ‘trial court’s inordinate reliance’” on the victim’s testimony that he lives in constant fear and sleeps with two guns by his side.17 Emphasizing “judicial flexibility in the execution of bail” and the statutory mandate that trial courts consider all “relevant factors” when setting or modifying bail, the Indiana Supreme Court affirmed the trial court’s denial of a bond reduction.18 Although “a victim’s statement of fear, standing alone, falls short of the clear-and-convincing standard necessary for the evidence to support a finding that she posed a risk of physical danger to others,” the supreme court found the trial court had instead relied on proper considerations such as the “extremely serious” nature of the offense and the thirty-mile proximity between the defendant and victim’s home.19 Trial court “shall” issue written order when granting or denying petition. Keywords: appeals; child; court; criminal; defendant; evidence; ind; indiana; justice; law; n.e.3d; state; supreme; trial; trial court
• 2022 Developments in Indiana Evidentiary Practice by Flora, Colin E. (2023) - ”54 B. Rule 403: Excluding Relevant Evidence for Prejudice, Confusion, or Other Reasons It is often said that “Evidence Rule 403 provides that the court may exclude relevant evidence if its probative value is substantially outweighed by the danger of unfair prejudice. OPINIONS & EXPERT OPINIONS: RULES 701 THROUGH 705 A. Rule 701: Opinion Testimony by Lay Witnesses “Evidence Rule 701 allows for the admission of opinion testimony by lay witnesses. Keywords: app; appeals; court; defendant; evidence; evidence rule; ind; indiana; indiana court; indiana evidence; law; n.e.3d; review; rule; state; statement; testimony; trans; trial; v. state; witness
• A Multi-Perspective Critique of Indiana's Legislative Abrogation of the Collateral Source Rule by Wilkins, Lawrence P. (1987) - To be certain, these items of damage were not arguable in the common law prior to the Act, but they were barred by other rules of exclusion which may come under new scrutiny in the atmosphere of change brought about by the adoption of the new rule of inclusion. In such a system, modification of one rule is likely to produce secondary effects, placing pressure on other rules. Keywords: act; benefits; collateral; compensation; courts; damages; defendant; evidence; general; ind; indiana; injury; insurance; jury; law; law rule; note; plaintiff; rule; source rule; system
• Front Matter by Law Review, Indiana (1988) - Legal Writing Instructors Cynthla Adams, B.A., Indiana State University, 1976; B.A., Kentucky Wesleyan College, 1977; J.D., Indiana University, 1983. Send all correspondence to Editorial Assistant, Indiana Law Review, Indiana University School of Law—Indianapolis, 735 West New York Street, Indianapolis, Indiana 46202. Keywords: a.b; associate; college; dean; indiana; indiana university; j.d; james; law; new; professor; school; state; university
• Developments in Business Association Law: CTS Corporation v. Dynamics Corporation of America by Galanti, Paul J. (1988) - He even doubted if any appreciable number of Indiana shareholders would benefit from the statute and stated that the only beneficiaries might be the officers and directors of CTS.^^ In essence Indiana was attempting to opt out of the interstate and international market for corporate control, an effort barred by the commerce clause. ^ The Supreme Court eventually reached the merits of the first gen- eration of state antitakeover statutes in Edgar v. MITE Corp.^^ Keywords: acquisition; act; business; commerce; control; corp; corporation; cts; indiana; law; shareholders; shares; state; statute; takeover
• Vertical Privity and Damages for Breach of Implied Warranty Under the U.C.C.: It's Time for Indiana to Abandon the Citadel by Greenberg, Harold (1988) - [Vol. 21:23 Thus, in implied warranty cases under the U.C.C, the absence of privity is a barrier behind which the defendant is totally protected regardless of the cause or nature of the damage or the justice of the plaintiff's claim. In implied warranty cases, the time begins to run on delivery of the goods to the buyer, whether the defect is or is not discoverable. Keywords: app; breach; buyer; co.; court; goods; ind; indiana; law; manufacturer; n.e.2d; note; privity; seller; supra; supra note; u.c.c; warranty
• White v. State: And Now for Something Different by Stuart, Susan; Pitts, Richard (1988) - Furthermore, the rule for post-conviction relief affords guilty plea defendants the opportunity to file a belated appeal. For federal cases involving state court defendant, see, e.g., Boykin v. Alabama, 395 U.S. 244 (1969); Henderson v. Morgan, 426 U.S. 637 (1976). Keywords: conviction; court; defendant; ind; indiana; law; n.e.2d; plea; post; right; state; trial; u.s; white
• Who Pays for Environmental Damage: Recent Developments in CERCLA Liability and Insurance Coverage Litigation by Pendygraft, George; Plews, George M.; Clark, James W.; Wright, Peter C. (1988) - There are a number of environmental insurance coverage cases presently in Indiana's state and federal lower courts that may decide many of the issues discussed in this Article. (D.D.C. May 2, 1986) (cleanup costs in CERCLA action from alleged dioxin contamination constitute damages for purposes of liability insurance coverage); Port of Portland v. Water Quahty Ins. Keywords: cercla; co.; costs; court; coverage; damage; disposal; environmental; envtl; exclusion; facility; indiana; insurance; insured; law; liability; policy; pollution; property; section; states; supp; title; u.s.c.a; united; waste
• Indiana's New Health Care Consent Act: A Guiding Light for the Health Care Provider by Thompson, William H. (1988) - [Vol. 21:181 little judicial or legislative attention has been paid to the problem of who is authorized to give consent for the incapable patient and less surprisingly, the practice varies considerably from state to state/ Indiana's new Health Care Consent Act,^ effective April 24, 1987, provides statutory authority by which capable individuals may delegate to others the power to make health care decisions on their behalf in the event of their incapacity. These exceptions are based on the assumption that a minor who has made certain * 'adult-like decisions or taken certain actions in his life has demonstrated capacity to make health care decisions. ^^ Keywords: act; care consent; code; consent; consent act; decision; health care; individual; law; patient; representative; section
• Joining the Indiana Supreme Court: Rookie Year Reflections by Molter, Derek R. (2023) - They also recently published a 109-page Indiana Commercial Court Treatise.9 These courts have dramatically reduced the amount of time required to resolve complicated business disputes. Those appointments include the new Indiana Tax Court judge, Judge Justin McAdam, who is only the third judge to preside over that court.3 That is a lot of change in not a lot of time, presenting the challenge of integrating a large number of judges into the judiciary along with the opportunity to inject fresh perspectives and energy into courts at all levels and across the state. Keywords: case; court; indiana; judges; law; state; supreme
• Flowers for the Arlington Heights Footnote: The Slow Demise of Mixed Motives Analysis by Johnson, Sheri Lynn (2023) - Despite what might seem like both doctrinal and practical importance, Footnote 21 almost disappeared until it surfaced in lower court Batson cases; such courts by and large had not been required to consider the footnote in racial discrimination claims prior to Batson mainly because racial motivation was so rarely established in those cases. (This condemnation of racial motivation did not occur until after round two in the state courts, which was another sort of dual motivation case, though this one focused on a juror’s motivation. Keywords: arlington; arlington heights; batson; black; cases; cir; court; decision; defendant; discrimination; evidence; flowers; footnote; heights; juror; jury; justice; law; motivation; prosecutor; question; race; reason; state; strike; supreme; supreme court; u.s; white
• Matching Preferences and Access: Sustainable Investing in 401(k) Plans by Muir, Dana M. (2023) - The general standard for prudence requires fiduciaries to give “appropriate consideration” to facts and circumstances relevant to the investments being evaluated.210 The 2022 Final Regulation provides additional guidance on what constitutes “appropriate consideration” in the design or review of a menu for a 401(k) plan.211 Although it did not include the formula in the regulatory language, the DOL stated in the preamble that it agreed with a commenter’s proposed two-part analysis for prudence in the construction of a 401(k) plan menu.212 First, the fiduciary must consider how “a given fund fit[s] within the menu of funds to enable plan participants to construct an overall portfolio suitable to their circumstances[.]”213 Second, the fiduciary must compare a fund under consideration “to a reasonable number of alternative funds to fill the given fund’s role in the overall menu[.]”214 This Part uses that analysis to build a framework for fiduciary consideration of plan participant preferences. Tibble v. Edison Int’l, 575 U.S. 523, 530 (2015); see Fifth Third Bancorp v. Dudenhoeffer, 573 U.S. 409, 421 (2014) (holding that decisions regarding employer stock in an Employee Stock Ownership Plan were fiduciary decisions); Peter J. Wiedenbeck, Untrustworthy: ERISA’s Eroded Fiduciary Law, 59 WM. & MARY L. REV. 1007, 1068 (2018) (positing that the Supreme Court may view plan sponsor decisions on plan investments as an “inherent fiduciary function.”). Keywords: 401(k; access; assets; decisions; dol; duty; erisa; esg; factors; fed; fiduciaries; fiduciary; fund; investing; investment; law; loyalty; menu; note; options; participants; plan; plan fiduciaries; plan participants; preferences; prudence; regulation; retirement; supra; supra note; sustainability; u.s
• Work Hard and Die Poor: The History of Law Libraries in Indiana by Little, Lee R. (2023) - This paper tracks the development of law libraries in Indiana from the territorial period through the present day, along with the social and economic trends that impacted library development. TABLE OF CONTENTS I. A Note About COVID-19 II. The development of law libraries in Indiana necessarily involves a discussion of related industries, including the legal field, publishing, professional education, and transportation, as well as social currents such as gender, race, class, and issues of access to justice. Keywords: access; attorneys; bar; books; collection; county; court; early; history; indiana; indiana law; indianapolis; indianapolis news; law; law libraries; law library; law school; legal; librarian; libraries; news; note; period; review; school; state; state law; supra; supreme; time; university; work
• Copyright for Robots? by Perritt, Jr., Henry H. (2023) - Copyright law is meant to mitigate that risk for Dickens by giving Dickens a copyright that he can enforce through a civil action for infringement against anyone who takes his work and copies it, distributes it, performs it, or displays it publicly without his permission.337 Dickens can recover damages for such infringement that essentially make him whole, including the possibility of disgorgement of any profits earned by the pirate.338 So, in evaluating the need for copyright protection of the output of generative AI systems, the first thing to do is to explore the possibilities of free-riding on the output of generative AI systems. INT’L L. REV. 311, 346-47 (2023) (proposing that users of generative AI be deemed copyright authors, based on Chinese approach). Keywords: act; ai system; article; author; authorship; cir; co.; computer; copyright; copyright law; copyright office; copyright protection; costs; court; data; discussion; expression; f.3d; feist; generated; generative; human; inc; indiana; joint; language; law; machine; new; originality; output; patent; program; review; robots; supra; system; technology; u.s; user; vol; works
• Establishing a Strict Liability Standard for Releasing Per- and Polyfluoroaklyl Substances (PFAS) in the Environment by Haider, Isra (2023) - [Vol. 57:199 to a class action lawsuit, Johnson Controls agreed to pay a $17.5 million settlement for the damages cause by PFAS in its aqueous firefighting foam.102 The settlement included $11 million for loss in property value for about 300 homes in the Marinette/Peshtigo area in Wisconsin.103 Therefore, the cost of remedying PFAS pollution significantly harms property owners. ANALYSIS OF IMPOSING STRICT LIABILITY FOR RELEASING PFAS INTO THE ENVIRONMENT A. Factor 1. Keywords: cercla; chemicals; courts; drinking; environment; epa; harm; health; indiana; law; liability; new; note; pfas; pfoa; pfos; plaintiffs; risk; standard; substances; supra; supra note; water
• Words Can Kill: The Necessary Shift in Indiana Law to Recognize the Potential for Physical Harm Caused by Encouraging Language by Means, Abigail (2023) - This proposal was justified by showing that leaving situations similar to Carter in the hands of tort law, existing harassment and stalking laws, or assisting and causing suicide laws are inadequate remedies for the victims of this conduct. Such approaches include using stalking and harassment law, criminal infliction of emotional distress, criminalizing bullying, leaving the issue to tort law, following the rational in Carter by using involuntary manslaughter, or using current assisting or causing suicide laws. Keywords: bullying; carter; conduct; court; criminal; harassment; harm; indiana; law; level; person; roy; suicide; victim
• Confusion Mélange: A Call to Revise the Law on Trademark Infringement, Initial Interest Confusion, and Digital Marketing by Walsh, Johnny (2023) - (initial interest confusion “occurs when an alleged infringer pulls a sort of bait and switch”); Vail Assocs., Inc. v. Vend-Tel-Co., 516 F.3d 853, 872 (10th Cir. 2008) (“Initial interest confusion is a ‘bait and switch’ tactic.”). Initial interest confusion is unactionable if confusion is brief or disclaimers are used.—Perhaps out of a concern for incentivizing de minimis infringement claims, most Circuits have further restricted initial interest confusion by allowing those who use another’s trademark to escape liability by minimizing the time that consumers are confused. Keywords: case; cir; circuits; confusion; consumers; courts; defendant; doctrine; inc; infringement; interest confusion; internet; law; likelihood; litigation; marketing; note; plaintiff; products; supp; supra; trademark; use
• Property Survey 1987 by Krieger, Walter W. (1988) - ^^ Unfortunately, many bankruptcy courts either ignored or substantially modified use clauses of the debtor- tenant in shopping center leases.^^ Recognizing that special problems existed in shopping center leases, Congress amended section 365(b)(3) of the Bankruptcy Code to provide that adequate assurance of future performance in shopping center leases includes among other things assurance that any percentage rent due under such lease will not decline substantially, that assumption or assignment of such lease is subject to all provisions such as radius, location, use or exclusionary provisions, and that assumption or assignment of such lease will not disrupt any tenant mix or balance in the shopping center. Indiana Law Review Property Survey 1987 Walter W. Krieger* I. Shopping Center Leases During this survey period there were three reported landlord-tenant cases involving shopping center leases. Keywords: center; clause; court; home; ind; indiana; landlord; law; lease; n.e.2d; premises; shopping; tenant; use
• Front Matter by Law Review, Indiana (1988) - Legal Writing Instructors Cynthia Adams, B.A., Indiana State University, 1976; B.A., Kentucky Wesleyan College, 1977; J.D., Indiana University, 1983. Vickie Renfrow, Lecturer, B.A., University of Northern Iowa, 1970; M.A., 1971; Ph.D., Indiana University, Bloomington, 1976; J.D., Indiana University, Bloomington, 1981. Keywords: a.b; associate; college; indiana; indiana university; investment; j.d; law; new; professor; school; state; university
• Toward True and Plain Dealing: A Theory of Fraudulent Transfers Involving Unreasonably Small Capital by Markell, Bruce A. (1988) - During this period, both state and federal courts have invalidated, in the name of such fraudulent transfer laws, a broad range of transactions, including mortgage foreclosures'* and leveraged buyouts.^ These cases have been controversial;^ indeed, many have been the animus for new legislation.^ The focus of this concern has been constructively fraudulent transfers. 'There are at least five sources of fraudulent transfer law. Keywords: act; assets; bankr; business; cal; capital; cases; cir; co.; court; creditors; f.2d; fraudulent; inc; insolvency; law; new; note; section; supp; supra; supra note; transfer; ufca; ufta
• Rationale of Personal Admissions by Park, Roger (1988) - What position, then, should one have about the reception of party admissions? There are at least four possibihties: (1) one could maintain that the category of party admissions should no longer be recognized;'^ (2) one could maintain that the category should be recognized, but redefined to reduce the possibility of unreliable verdicts; (3) one could continue to accept the admissions rule in its present form, on grounds that the entire hearsay rule is based on a mistaken theory and that any ex- 5ee generally Chayes, The Role of the Judge in Public Law Litigation, 89 Harv. Keywords: admissions; evidence; hearsay; law; party; rev; rule; statement; trial
• Remedies for Employer's Wrongful Discharge of an Employee Subject to Employment of Indefinite Duration by Weisenberger, Ronald (1988) - Discharged employees in virtually every state have asked courts to rec- ognize tort exceptions or contract limits to the rule, and most courts have agreed to do so. Discharged employees are now pre- vailing on both tort and contract theories. Keywords: app; cause; co.; contract; court; damages; discharge; employee; employment; ind; interest; job; law; n.e.2d; note; plaintiff; policy; promise; public; right; tort
• Applications of Political Science to the Analysis and Practice of Law by Funk, David A. (1988) - ° Dr. Nagel supphes a dazzHng encyclopedic array of social science analyses which may be applied to the legal process.^' His is not simply a literature survey with respect to ''Who's Who est American Law, supra note 2, at 568-69. Causation, supra note 1, at 39-51 also deals with deductive modeling in policy analysis, which often is overlooked in works of this type. Keywords: analysis; causation; decision; law; microcomputers; nagel; optimizing; policy; supra note
• An Essay: The Competing Currents of Rule 10b-5 Jurisprudence by Phillips, David M. (1988) - And, as we shall see, how faithfully a justice is prepared to follow the textual language or what policy or incentive effect a justice chooses to emphasize, materially affects the outcome of rule lOb-5 cases. The application of the four factors, as well as their articulation, left no doubt that the Court had as its primary agenda the restriction, rather than the further expansion, of such implied causes of action.^^ While Cort v. Ash dealt with a statute outside the securities law context, its restrictive tenor was soon reflected in securities law cases, ^^ including a variety of rule lOb-5 cases. Keywords: action; basis; blackmun; case; court; duty; idealism; information; insider; justice; law; lob-5; majority; opinion; rule; rule lob-5; securities; state; stock; supra; supreme; supreme court; text; trading; u.s
• Disclaimer of Joint Tenancy Interest—When Does the Nine-Month Time Limit in I.R.C. Section 2518 Begin to Run? by Chapman, Gary L. (1988) - Prior to Kennedy only two courts ad- dressed the issue of disclaiming joint tenancy property interest. Courts would almost always be able to make the comparison, made by the court in Kennedy, that the right to partition is equivalent to a general power of appointment and, therefore, would apply the regulation that discusses general power of appointments rather than the one that addresses joint property interest. Keywords: court; death; disclaimer; estate; interest; joint; law; note; property; regulation; section; supra; tax; tenancy; tenancy property; transfer
• The Superfund Insurance Dilemma: Defining the Super Risks and Rights of Comprehensive General Liability Policies by McGrath, Madonna F. (1988) - ^24 In Superfund insurance coverage actions, still other courts have rejected the Fourth Circuit's narrow view that cleanup costs are not themselves property damage and therefore are noncompensable under CGL policies. SUPERFUND INSURANCE 739 to pay as damages because of property damage which occurs during the policy period;'^ and to defend any suit against the insured alleging such damage even if such suit is groundless, false or fraudulent. Keywords: casualty; cgl; cir; co.; costs; court; coverage; damage; f.2d; injury; insurance; insured; law; liability; policies; policy; property; superfund; supp; waste
• Front Matter by Law Review, Indiana (1988) - Legal Writing Instructors Cynthl\ Adams, B.A., Indiana State University, 1976; B.A., Kentucky Wesleyan College, 1977; J.D., Indiana University, 1983. Vickie Renfrow, Lecturer, B.A., University of Northern Iowa, 1970; M.A., 1971; Ph.D., Indiana University, Bloomington, 1976; J.D., Indiana University, Bloomington, 1981. Keywords: a.b; associate; college; indiana; indiana university; investment; j.d; law; professor; school; state; university
• The Supreme Court, Title VII and "Voluntary" Affirmative Action—A Critique by Cox, Paul N. (1988) - Consider, finally, the Court's liability theories and affirmative action theories. In partic- ular, Part III examines whether either justification is compatible with the individualist justifications of disparate treatment theory. Keywords: ^^^; action; argument; attributes; claim; court; criteria; decision; discrimination; employer; employment; gender; group; impact; indiana; individualist; interpretation; johnson; justification; law; legislative; means; model; persons; process; prohibition; race; rev; review; rights; sense; statute; supra note; text; theory; title; treatment; treatment theory; u.s; version; vii; white
• Market Philosophy in the Legal Tension Between Children's Autonomy and Parental Authority by Paul Malloy, Robin (1988) - '^ Finally, the laws concerning kidnapping, child abuse, the corruption of a minor, and interference with the parent-child relationship are such as to discourage outsiders from assisting children in an exercise of will against the wishes of their parents in all but the most clear and outrageous situations of parental child abuse. A related matter seems to be the scope of child abuse in American families. Keywords: children; family; individual; interference; law; market; note; parental; parents; power
• First Church Decides Compensation is Remedy for Temporary Regulatory Takings—Local Governments are "Singing the Blues" by Kirk, Carol (1988) - The amount of government regulation of land use has grown over time. 'The cases involving land use regulation, in which the landowner has claimed a taking, that have reached the Supreme Court since Mahon have either upheld the regulation 1988] Keywords: church; clause; compensation; court; decision; government; justice; land; law; note; power; property; regulation; remedy; states; supra; supreme; taking; u.s; use
• Dissenting Shareholders' Rights Under the New Indiana Business Corporation Act: Jurisprudential Interpretations of the Exclusivity Provision by Norman, Douglas K. (1988) - ^'°See, e.g., Donahue v. Rodd Electrotype Co., 367 Mass. 578, 328 N.E.2d 505 (1975) (selective purchase of stock a per se breach of duty); In re Kemp & Beatley, Inc., 64 N.Y.2d 63, 473 N.E.2d 1173, 484 N.Y.S.2d 799 (1984) (reasonable expectations of minority shareholder are best means to determine oppressive conduct of majority); Mei- selman v. Meiselman, 309 N.C. 279, 307 S.E.2d 551 (1983) (entire history of the participants' relationship may be viewed to determine reasonable expectations). It will then examine the exclusivity provision in light of the theories utilized by Indiana courts under the previous law, and the theories employed by courts from other jurisdictions. Keywords: appraisal; corporation; court; dissenters; indiana; law; note; rights; shareholder; shares; statute; supra; value
• The Institutionalized Wolf: An Analysis of the Unconstitutionality of the Independent Counsel Provisions of the Ethics in Government Act of 1978 by Solloway, Robert G. (1988) - executive power, vested by the Con- stitution in the President. Congress wanted to ensure that in the next national emergency such an office [independent counsel] would come into existence at an early stage. Keywords: act; attorney; case; congress; counsel; court; district; executive; general; law; power; president; states; u.s; united
• Front Matter by Law Review, Indiana (1988) - Legal Writing Instructors Cynthla Adams, B.A., Indiana State University, 1976; B.A., Kentucky Wesleyan College, 1977; J.D., Indiana University, 1983. Vickie Renfrow, Lecturer, B.A., University of Northern Iowa, 1970; M.A., 1971; Ph.D., Indiana University, Bloomington, 1976; J.D., Indiana University, Bloomington, 1981. Keywords: a.b; associate; college; indiana; indiana university; investment; j.d; law; professor; review; state; university
• Back Matter by Law Review, Indiana (1988) - INDEX IX Lane v. Barringer 32-34, 45 Lansco, Inc. v. Department of Environmental Protection 148-49, 153 LeSea Broadcasting Corp. v. State Board of Tax Commissioners 384-85, 388 Linda R. S. v. Richard D. 965 Local Union 1397, United Steelworkers V. United Steelworkers 598, 606-07 Lofton V. Schweiker 372 Luedke v. Luedke 159-60, 162-66, 168-70, 178 Lyons v. McDonald 361 M MacDonald, Sommer, & Frates v. Yolo County 918, 922 Mackay v. Douglas 478-80 MacPherson v. Buick Motor Co. 29-30 Magnuson v. Blickenstaff 75, 78-82 Margrat, Inc., v. Indiana State Board of Tax Commissioners 385-88 Marshall v. Holmes 77-78, 81-82 Martin v. Johns-Manville Corp. 526-28, 541, 543 Martin v. Martin 170, 174, 179 Martin v. State 109, 112 Maryland Casualty Co. v. Armco, Inc. 150, 151, 741, 743, 745, 750, 752, 756-57, 761, 763-64 McBride v. Bertsch 500-01 McCarthy v. United States 93-95, 106-08 McClanahan v. Remington Freight Lines, Inc. 570 McDonald v. Commissioner 670, 700-01, 703 Michaels v. Michaels 953 Mills V. Electric Auto-Lite Co. 630, 644 Monell V. New York City Department of Social Services 927 Mooney v. Holohan 86 Moore v. Johns-Manville Sales Corp. 543 Morrison v. Olson 976, 979-80 Mraz v. Canadian Universal Insurance Co. 150-51, 753-54 Mugler V. Kansas 907, 915, 919-20 Myers v. United States 974, 976, 979, 981 N National Standard Insurance Co. V. Continental Insurance Co. 146-47 National Surety Co. of New York V. State Bank of Humboldt 75 Nectow V. City of Cambridge 925 Neeley v. State 85, 88-89 Nees V. Hocks 568, 579 New Castle County v. Hartford Accident and Indemnity Co. 755, 762-63 Niagara County v. Utica Mutual Insurance Co. 155-56 Null V. WiUiamson 356 Pacific Indemnity Co. V. Bunker Hill Co. In re Stanton I (Stanton II) 291-94, 299-300 In re Yussman 293 Independent Petrochemical Corp. v. Aetna Casualty and Surety 745 Indiana Department of State Revenue V. Best Ever Companies 383, 398, 400 Indiana Department of State Revenue V. Food Marketing Corp. 400 Indiana Department of State Revenue V. Stark-Wetzel 400 K Keene Corp v. Insurance Co. of North America 146 Kelsay v. Motorola, Inc. Keywords: american; association; bank; city; co.; corp; department; inc; indiana; insurance; law; national; review; states; united; united states; vol
• Front Matter by Law Review, Indiana (1989) - Adams, B.A., Indiana State University, 1976; B.A., Kentucky Wesleyan College, 1977; J.D., Indiana University, 1983. Send all correspondence to Editorial Assistant, Inndiana Law Review, Indiana University School of Law—Indianapolis, 735 West New York Street, Indianapolis, Indiana 46202. Keywords: a.b; assistant; associate; college; dean; indiana; indiana university; indianapolis; investment; j.d; law; professor; school; state; university
• The Dormant Commerce Clause's Unfulfilled Constitutional Promise to Rule Out Protectionism: Proposal for a New Doctrine by Nagy, Csongor István (2024) - The Misconception That Trade Restrictions Are Monolithic A purpose-inquiry is inapt to separate the wheat from the chaff, not only because it is unpredictable and arbitrary, but also because state measures are quite often the result of a blend of regulatory and protectionist considerations. Denning, supra note 17, at 484-85. 2023] THE DORMANT COMMERCE CLAUSE 345 undermine the political union lying at the heart of the federal system.160 This theory justifies the suppression of state measures that may provoke reactions from other states.161 A tariff or a quota may certainly have such a backlash, the same as those state measures that are regarded by common sense to be the surrogates of a tariff or a quota.162 Measures that feature a noticeable protectionist purpose have the same potential to provoke trade conflicts.163 Keywords: analysis; asymmetric; burden; case; clause; commerce; commerce clause; court; dcc; discrimination; dormant; impact; law; market; measure; necessity; note; protectionist; purpose; restrictions; review; state; supreme; supreme court; surplus; test; trade; u.s
• McClanahan v. Remington Freight Lines, Inc. : Making a Mountain Out of a Molehill by Pitts, Richard; Stuart, Susan (1989) - Indiana Law Review Indiana Laiv Revieir Volume 22 1989 Number 1 McClanahan v. Remington Freight Lines, Inc.: Making a Mountain Out of a Molehill Richard Pitts* Susan Stuart** I. Introduction In 1987, the Indiana Supreme Court confronted head-on the issue of whether administrative agency decisions could be given res judicata or collateral estoppel effect in subsequent proceedings in McClanahan V. Remington Freight Lines, Inc? The court's reluctance to give full-blown effect to decisions stemmed in part, it seems, not from the procedural requisites necessary for res judicata to apply, but rather from the alien grounds—as a matter of decisional framework—upon which agency decisions are made. Keywords: agency; collateral; court; decision; ind; indiana; issue; judicata; law; mcclanahan; n.e.2d; res; res judicata; review
• The Right to a Public Trial, Conditional Courtroom Entry and Tiers of Constitutional Scrutiny by Smith, Stephen E. (2024) - A sliding scale should apply to public trial scrutiny, “Waller” scrutiny, the most demanding, when all are excluded. The Non-Closure Caveat While the Williams and Maldonado courts both concluded that Sixth Amendment scrutiny, either Waller or modified-Waller, need not be applied to evaluate courtroom entry conditions, they did not stop there: Both found it necessary to opine that this conclusion did not mean that “anything goes” in terms of conditioning entry to courtrooms.128 In fact, they emphasized the importance 121. Keywords: access; amendment; basis; cir; closure; conditions; court; courtroom; entry; identification; interest; law; public; review; right; scrutiny; sixth; states; trial; u.s; united; waller
• Patentability Challenges in Personalized Medicine: A Fork in the Road by Das, Anusuya (2024) - it believes that patent law is comprehensible by a generalist judiciary, [but] the Court recognizes that the facts in patent cases are another issue entirely. [Vol. 57:455 health, national security, and consumer use.39 Patents are granted to inventors as a reward for their inventions in return for a complete public disclosure of the same inventions.40 Entities other than the inventor are precluded from using, creating, or selling the claimed invention unless they are assigned the invention or have licensed the invention from the assignee.41 The right to patents has existed since the inception of the United States Constitution.42 It has long been heralded as a driving force of American innovation.43 Abraham Lincoln viewed the creation of patent laws as one of the greatest innovations of mankind.44 On February 11, 1859, at Illinois College at Jacksonville, Lincoln said, Next came the Patent laws. Keywords: court; data; diagnostic; eligibility; field; inc; invention; law; matter; mayo; medicine; note; patent; section; subject; supra; treatment; u.s
• Please Don't Leave Me Hanging: A Right to Privacy Argument for Insurance Protection Against Autoerotic Asphyxiation Death by Miller, Michalynn M. (2024) - The Lawrence framework, applied to autoerotic asphyxiation cases, in combination with the subjective/objective test, provides better protection to the deceased and their beneficiaries. Federal Common Law, Policy Exclusions & Denial of Benefits.—Federal courts apply federal common law when addressing questions of insurance policy interpretation under ERISA.171 Federal common law requires courts to “interpret terms in ERISA insurance policies in an ordinary and popular sense as would a person of average intelligence and experience. Keywords: asphyxiation; autoerotic; circuit; co.; court; coverage; critchlow; death; erisa; insurance; insured; law; lawrence; life; note; padfield; policy; self; sex; tran; u.s
• Developments in Federal Civil Practice Affecting Indiana Practitioners: Survey of Supreme Court, Seventh Circuit, and Indiana District Court Opinions by Maley, John R. (1989) - '^ Part II will then look more generally at how the Seventh Circuit and Indiana District Courts have responded to the drastic shift in attitude towards summary judgment reflected in Celotex and AndersonJ^ Finally, Part III will discuss how the decisions could influence Indiana civil procedure, and will argue that the Indiana courts should be wary of rushing to adopt either the new attitude toward federal summary judgment or the specific holding of Anderson.^^ The Article will then discuss an unusual and important issue con- cerning the effect of loan receipt agreements on federal diversity juris- diction. As noted previously, Judge Conover of the Indiana Court of Appeals recently declared that the burden-shifting principles clarified in Celotex have long been a part of Indiana summary judgment practice. Keywords: anderson; burden; case; celotex; circuit; court; district; evidence; federal; indiana; law; loan; motion; party; plaintiffs; practice; receipt; rule; summary judgment; trial
• Insurance Law by Trimble, John C. (1989) - Thus, unless the courts require insurance companies to provide complete proof of diligent efforts to locate insureds, the practical use- fulness of insurance policies would be diluted because without such '^strict requirements a company could walk away from coverage simply by showing the disappearance or nonresponsiveness of its insured. This Article ex- amines several of those cases and attempts to keep the practitioner abreast of current trends in Indiana insurance case law as well as changes in Indiana statutes governing different aspects of insurance law. Keywords: app; co.; company; court; ind; indiana; insurance; insured; law; n.e.2d
• Developments in Indiana Employment Law by Cross Jr., Leland B.; Haney, Douglas Craig (1989) - In refusing to extend its Framp- ton exception, the court noted that, since Frampton had been decided, Indiana courts had consistently refused to extend the at-will exception beyond those cases in which an employee had allegedly been discharged in retaliation for having filed a workmen's compensation claim. '^ The court of appeals then went on, in dictum, to estabUsh factors it felt ought to be considered by Indiana courts in determining what statutorily-created rights, in addition to the filing of workmen's com- pensation claims, might also be subject to the Frampton exception to the ''at-will rule. Keywords: compensation; court; employee; employment; indiana; law; n.e.2d
• Survey of Indiana Products Liability Cases: 1987-88 by Rosiello, Michael; Weisenberger, Ronald V. (1989) - PRODUCTS LIABILITY 265 of law, which state has the greater interest in having its law applied!' '^^ The Indiana Supreme Court reversed the appellate court's opinion^'' and found no conflict of law issue in the case.^^ A number of federal court decisions, applying Indiana law, had concluded that the Indiana Supreme Court would adopt the modern, most significant relationship rule. [Vol. 22:263 modem choice of law rules for torts, the extensive authorities and analysis under those rules will be available to assist Indiana courts and attorneys. Keywords: action; court; defendant; f.2d; ind; indiana; law; liability; n.e.2d; period; plaintiff; product; repose; rule; state; statute; years
• Survey of Indiana Property Law by Krieger, Walter W. (1989) - App. 1987). 1988] PROPERTY LAW 377 of the covenant provided that unless a violation was corrected within thirty days after notice to cure or terminate was given by certified mail by any person having a right to enforce the covenants, the violator would be liable for liquidated damages in the amount of $10 (payable to the Homeowners Association) for each day the violation continued, together with attorney fees and court costs /^ George Tezich, a homeowner in the subdivision and president of the Homeowners Association, sent the Rajskis notice by certified mail demanding the removal of the garage within thirty days and invoking the liquidated damages provision contained in the restrictive covenants. Where the sale has been completed and the contract has merged into the deed, courts occasionally have found the existing breach of a zoning ordinance to be an encumbrance under the covenants of title. Keywords: app; contract; court; deed; easement; ind; indiana; interest; land; law; lease; n.e.2d; property; right; tenant; title; trial court; use
• The Dram Shop: Closing Pandora's Box by Hurst, William (1989) - Only in more recent times have the courts recognized common law liability exclusive of the theory of liability set forth in dram shop acts or liability premised upon alcohoUc beverage control acts. In Picadilly, the court recognized that common law liability in so called dram shop cases exists notwithstanding the existence of a statute which makes such conduct criminal.^^ Keywords: court; dram; ind; indiana; law; liability; n.e.2d; person; shop; statute
• A Survey of Indiana Tort Law by Rosiello, Michael; Talley, John R. (1989) - Indiana Law Review A Survey of Indiana Tort Law Michael Rosiello* John R. Talley** I. Introduction Although Indiana tort law broke little new ground during the survey period,* several subject areas received greater than routine scrutiny by Indiana courts. Recovery of Damages for Emotional Distress Despite continued adherence to the formal rule that emotional distress damages may be awarded only where the plaintiff suffers a contem- poraneous physical injury, Indiana courts slowly but steadily have ex- panded the number of cases in which plaintiff can recover emotional distress damages. Keywords: app; court; damages; fault; ind; indiana; law; n.e.2d; nonparty; plaintiff; rule; supp; trial
• Front Matter by Law Review, Indiana (1989) - Legal Writing Instructors Cynthla Adams, B.A., Indiana State University, 1976; B.A., Kentucky Wesleyan College, 1977; J.D., Indiana University, 1983. Vickie Renfrow, Lecturer, B.A., University of Northern Iowa, 1970; M.A., 1971; Ph.D., Indiana University, Bloomington, 1976; J.D., Indiana University, Bloomington, 1981. Keywords: a.b; assistant; college; indiana; indiana university; investment; j.d; law; professor; school; state; university
• Second Wind for the Indiana Bill of Rights by Shepard, Randall T. (1989) - Relying on section 13 of our Bill of Rights, the Indiana Supreme Court held that the spirit of the provision contemplates the right of accused to consult with counsel at every stage of the proceedings^^ and set aside Batchelor's plea of guilty to murder. Indiana courts have long refused to use the state constitution unless the issue is clearly joined. Keywords: bill; const; constitution; court; indiana; law; rights; state; supreme
• An Indiana Doctor's Duty to Warn Non-Patients at Risk of HIV Infection from an AIDS Patient by Stroud, Kenneth M. (1989) - Third, the Indiana program requiring the doctor to report HIV infected patients to the State Board of Health is not an adequate substitute for the doctor's personally warning the non-patient at risk from the patient. How is the doctor to determine whether he has a duty to warn non-patients who may be at risk of infection by the patient? Keywords: aids; cal; cases; court; doctor; duty; hiv; indiana; infection; law; non; patient; person; risk; victim
• The Work Made for Hire Doctrine Under the Copyright Act of 1976; Employees, Independent Contractors and the Actual Control Test by Kling, Catherine A. (1989) - At the center of this debate is the application of the work made for hire doctrine which operates to vest in employers the copyrights to works prepared by their employees. The most contested issue under the doctrine involves works created by people who have characteristics of both independent contractors and employees. Keywords: act; aldon; cert; cir; control; copyright; court; employee; f.2d; hire; inc; law; supp; test; work
• Front Matter by Law Review, Indiana (1989) - Legal Writing Instructors Cynthia Adams, B.A., Indiana State University, 1976; B.A., Kentucky Wesleyan College, 1977; J.D., Indiana University, 1983. Vickie Renfrow, Lecturer, B.A., University of Northern Iowa, 1970; M.A., 1971; Ph.D., Indiana University, Bloomington, 1976; J.D., Indiana University, Bloomington, 1981. Keywords: a.b; assistant; college; indiana; indiana university; investment; j.d; law; professor; school; state; university
• The Efficiency of a Disgorgement as a Remedy for Breach of Contract by DeLong, Sidney W. (1989) - It is by now a commonplace that the law of contract remedies should take efficiency^ into account by encouraging contract parties to 1. Because the law of contract remedies will directly affect the risks and rewards of contracting, it is reasonable 6. Keywords: benefit; breach; contract; contract damages; costs; damages; disgorgement remedy; interest; law; note; payment; performance; promisee; promisor; remedy; seller; supra; supra note; value; withholding
• Delimiting the Manufacturer's Liability: An Examination of Loss of Consortium Recovery in Strict Products Liability Actions Under Section 402A of the Restatement (Second) of Torts by Jordan, Karen A. (1989) - (Kane, J., dissenting) (the manufacturer's negligence or culpability is not a necessary ingredient in strict products liability actions). [Vol. 22:3 The recognition of loss of consortium as a redressable cause of action within the context of strict products liability provides an excellent example of the expansion of section 402A with a lack of appropriate judicial discourse. Keywords: 402a; action; cal; co.; consortium; court; law; liability; loss; manufacturer; note; products; products liability; recovery; restatement; rptr; section; supra; tort
• Front Matter by Law Review, Indiana (1989) - Mahnaz K. Moshfegh, Acquisitions/Serials Librarian, B.A., National University of Iran, 1966; M.S., Tehran University, 1971; M.A., Ball State University, 1977; M.L.S., Indiana University, 1983; Ph.D., Indiana University, 1988. Copyright © 1989 by the Trustees of Indiana University TABLE OF CONTENTS Articles The Right to a Lawyer at a Lineup: Support From State Courts and Experimental Psychology Neil C. McCabe 905 Notes Partial Settlement of Multiple Tortfeasor Cases Under the Indiana Comparative Fault Act 939 Retroactive Application of Legislatively Enlarged Statutes of Limitations for Child Abuse: Time's No Bar to Revival 989 *'A Modest Proposal—The Prohibition of Ail-Adult Communities by the Fair Housing Amendments Act of 1988 1021 The Fraud on the Market Theory: A Basically Good Idea Whose Time Has Arrived, Basic Inc. v. Levinson 1061 Institutional Arrangements for Governing the Construction of Electric Generating Units: A Transaction Cost Analysis 1085 Volume 22 1989 Number 4 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published quarterly by the Indiana University School of Law—Indianapolis, which assumes complete editorial itsponsibility thereof. Keywords: a.b; college; indiana; indiana university; indianapolis; investment; j.d; law; professor; school; state; university
• The Right to a Lawyer at a Lineup: Support From State Courts and Experimental Psychology by McCabe, Neil C. (1989) - This article will demonstrate how a conclusion contrary to Kirby can be justified in light of (1) new research into the dangers inherent in eyewitness identification in general and in lineups particularly, (2) the nature of the Kirby line of cases as an aberration to the sixth amendment's rationale, and (3) precedents from state courts. Despite the difficulties inherent in the search for original intent,^^^ the Texas Court of Criminal Appeals resorted to an examination of the history of the state, as well as its many successive constitutions, ^^^ as a clue to the intended scope of the present state constitutional provision.^*^ Where appropriate sources are available, ^'^^ state courts can 235. Keywords: amendment; counsel; court; criminal; eyewitness; identification; judicial; kirby; law; lineup; note; proceedings; right; sixth; state; supra; trial; u.s; wade
• Partial Settlement of Multiple Tortfeasor Cases Under the Indiana Comparative Fault Act by Moran Behnke, Elizabeth (1989) - [F]ar from being 'one entity,' joint defendants in Indiana are now as separate and independent from each other as they are from the plaintiff herself. Cullen, 211 Kan. at 220, 507 P.2d at 362; Jacobsen, 149 Kan. at 602, 89 P.2d at 28 (judgment reduced by amount received under covenant not to sue even though settling defendant was not in fact liable). Keywords: act; comparative; contribution; court; defendant; fault; fault act; indiana; joint; kansas; law; liability; negligence; nonparty; parties; party; plaintiff; release; settlement; settling; tortfeasors
• From Pixels to Prescriptions: The Case for National Telehealth Licensing and AI-Enhanced Care by Khan, Fazal (2024) - The practice of medicine continues to be tightly regulated by states, and the restrictions imposed through medical school accreditation and residency funding have enabled physicians to retain elevated incomes, prestige, and a consequential role in shaping state policies—even though their relative affluence and influence may have waned since the 1980s.141 Because state medical boards and professional associations have wielded significant power to thwart perceived threats to physician autonomy and control over medical practice, they have consistently resisted ceding the perceived advantages of state-based licensure, rendering voluntary reciprocal arrangements both unlikely and fragmented.142 For example, the initial concept of the Interstate Medical Licensure Compact, envisioning true reciprocity, was diluted due to opposition from state medical boards.143 Absent compelling incentives or definitive national intervention, substantial reciprocity reforms seem remote and improbable.144 D. Expedited License Portability Processes A faction of reform proponents has urged states to introduce, at the very least, expedited license portability processes to facilitate physicians’ relocation between states.145 Such a mechanism would expedite license transfers and approvals, curtailing the delays that can disrupt care and deter interstate mobility.146 Additionally, licensure barriers that restrict physician movement undermine 138. [Vol. 57:581 a process that necessitates reducing arbitrary variations in licensing restrictions.79 However, the entrenched barriers of state licensing persistently obstruct the common-sense workforce flexibility that rural communities so urgently need.80 Fragmented state oversight, therefore, perpetuates a system of disjointed medical regulations that disproportionately diminishes healthcare access for rural populations, leaving them at a disadvantage compared to their urban counterparts who are endowed with greater resources and provider choices.81 E. Keywords: access; boards; care; covid-19; et al; federal; healthcare; law; licensing; licensure; medicaid; medical; medicare; note; pandemic; physician; policies; potential; practice; quality; reforms; review; rural; scope; services; state; supra; supra note; system; telehealth; u.s
• The Federal Future of Medication Abortion by Simon, Michelle S. (2024) - See U.S. FDA, 2023 WL 2942266, at *1; Danco Lab’ys, LLC, 2023 WL 2942264, at *1. 278. The district court judge opined that “the decision to ban the drug was based not [on] any bona fide concern for the safety of users of the drug, but on political considerations having no place in FDA decisions on health and safety. Keywords: abortion; act; agency; approval; case; circuit; comstock; court; decision; district; district court; drug; fda; fifth; food; future; health; judge; law; med; medical; medication; mifepristone; new; note; patients; pill; plaintiffs; rems; review; safety; standing; states; supp; supra; supreme; u.s; use; v. fda
• The Challenges of AI-Decision-Making in Government and Administrative Law: A Proposal for Regulatory Design by Sheehy, Benedict; Ng, Yee-Fui (2024) - The third is independent monitoring and oversight of government AI decisions. It draws attention to the nature of issues that arise when technology design is deficient in terms of decision-making methodology.5 It also illustrates the importance of government following the rule of law and other administrative law principles, regardless of political orientation.6 Basic legal issues of legality, rule of law, procedural fairness, and accountability—in this case, of the administrative agency, “Centrelink”—came to the fore as matters of concern in addition to the novel transparency issues generated by the technology.7 Among other things, users of the agency’s services were unaware of the use of AI decision-making and enforcement.8 Without that awareness, recipients mistakenly assumed that the attribution and calculation of overpayments had been conducted and checked by humans and, hence, were both appropriate and correct.9 This large-scale, deeply flawed implementation of a government AI system, Robodebt, has harmed vulnerable recipients, reduced public trust in AI-supported government decision-making in Australia, and drawn attention to the need to reconsider the limitations of AI decision-making.10 In particular, there has been renewed interest in developing appropriate regulatory frameworks and systems for AI in government.11 Law traditionally has been conceived of as a set of rules granting authoritative decisions with respect to rights and duties.12 In the context of administrative law, these decisions have been made within an institutional, normative framework where they are contestable and transparent (in terms of 3. COMMONWEALTH OF AUSTL., REPORT OF THE ROYAL COMMISSION INTO THE ROBODEBT SCHEME (2023), https://robodebt.royalcommission.gov.au/system/files/2023-09/rrc-accessible-full- report. Keywords: administrative; case; data; decision; design; government; human; issues; justice; law; machine; making; note; public; regulation; review; robodebt; rule; supra; supra note; system; technology; transparency
• An Elephant Too Big to Hide: Why SEC Environmental Disclosures Will Not Survive a Legal Challenge by Manahan, Benjamin G. (2024) - While the Commission clearly relies on these acts of Congress to validate its environmental disclosures for registrants, a court would only uphold this regulation upon finding these are “clear statement[s]” of authorization.95 A. Broad or Specific Language At the outset of the search for a clear statement, courts will struggle to see how the broad language of the Securities Act and Exchange Act authorize the Commission to require environmental disclosures in registrant’s financial reports. Yet, the Commission claims to have authority to require environmental disclosures “for the protection of investors” and due to “necessary . . . Keywords: act; agency; climate; commission; companies; congress; court; disclosures; doctrine; esg; investment; investors; issuer; law; note; questions; rule; supra; u.s
• Habitability in the Hoosier State: Protecting the Health and Safety of Indiana's Extended-Stay Motel Guests by Purcell, Jacob (2024) - When habitability violations do arise in Indiana motels, even given the recently curtailed nuisance powers, Indiana case law definitively shows that municipalities have a 182. Extended- stay motel residents are those who live at motels or extended-stays for a prolonged time, usually months or even years.21 This Note argues that extended- stay motel guests are socially and legally disenfranchised, and particularly vulnerable to exploitation at the hands of negligent motel owners. Keywords: building; city; code; court; department; enforcement; habitability; health; housing; indiana; law; motel; municipalities; note; property; public; rental; residents; stay; stay motel; supra
• New Law Amends the Uniform Commercial Code to Accommodate Emerging Technologies by Sullivan, Jr., Frank (2024) - The provisions of the UCC as so amended are cited as such, e.g., UCC § 1-201(b)(10), the definition of “conspicuous,” is cited as UCC § 1-201(b)(10)). The 2022 Amendments makes a concerted effort in this regard, none more striking than in UCC § 2-201 where the Statute of Frauds applicable to the sale of goods will now require a “record,” not a “writing. Keywords: amendments; article; code; commercial; control; indiana; interest; law; security; u.c.c; ucc; uniform
• Developments in Indiana Appellate Procedure: Rule Amendments, Remarkable Case Law, and Court Guidance for Appellate Practitioners by Babb, Bryan H.; Dick, Bradley M.; Shah, Seema R. (2024) - Indiana Rule of Appellate Procedure 14(C)(5)’s language mirrors the language found in Indiana Appellate Rule 14(B)(3). Gov. Holcomb Selects Judge Paul Felix to Join Indiana Court of Appeals, IND. Keywords: appeals; appellate; case; court; indiana; law; order; rule; supreme; trial
• Banking, Business, and Contract Law by Sullivan, Jr., Frank (2024) - Three Cases Illustrating the Principle of Freedom of Contract and Its Limitations INTRODUCTION This Article surveys banking, business, and contract law decisions of the Indiana Supreme Court (“Supreme Court”) and Indiana Court of Appeals (“Court of Appeals”) between September 1, 2022, and August 31, 2023 (the “Survey Period”). Justice, Indiana Supreme Court (1993-2012). Keywords: agreement; app; appeals; arbitration; author; banking; business; case; co.; code; commercial; contract; contract law; corporation; court; holding; inc; ind; indiana; indiana law; judgment; law; llc; n.e.3d; non; note; parties; plaintiff; property; review; school; state; supra; supreme; supreme court; survey; trial
• Legislative Leeway: A Year of Indiana Constitutional Law Restraint—2022-2023 by Charles, Elizabeth A.; Chinn, Scott; Gutwein, Stephanie L.; Pulliam, Daniel E. (2024) - Indiana State Constitutional Law Summaries—2017-2018, 52 IND. L. REV. 1003, 1019 (2016); twelve in 2016, Scott Chinn & Daniel E. Pulliam, Emerging Federal Reliance—Continued State Constitutional Minimalism: Indiana State Constitutional Law Summaries—2015-2016, 50 IND. Keywords: appeals; article; constitutional; court; defendant; ind; indiana; law; n.e.3d; officer; right; section; state; trial
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M. (2024) - Nevertheless, Indiana courts have long recognized an exception—termed “the discovery exception” in Wellman— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Clinical Professor of Law, Indiana University Robert H. McKinney School of Law. 2024] CRIMINAL LAW 899 The Indiana Supreme Court disagreed, found sufficient evidence, and affirmed the convictions.72 Convictions may result from circumstantial evidence alone, and appellate courts must look at the aggregate of evidence or “whole picture”—not individual pieces of evidence.73 Put another way, a jury may be convinced, beyond a reasonable doubt, by looking at “a web of facts in which no single strand may be dispositive.”74 Keywords: appeal; court; criminal; defendant; evidence; ind; indiana; justice; law; n.e.3d; sentence; state; trial
• 2023 Developments in Indiana Evidentiary Practice by Flora, Colin E. (2024) - (citing Cergnul v. Heritage Inn of Indiana, Inc., 785 N.E.2d 328, 331 (Ind. App. 2003)). 293. Id. (citing Deuitch v. Fleming, 746 N.E.2d 993, 999 (Ind. Ct. An important factor in considering the guidance that may be obtained from rulings on relevance is the procedural posture of the appeal because trial courts are afforded substantial deference in the exercise of their discretion in issuing evidentiary rulings.45 The Indiana “Supreme Court has emphasized that determinations regarding whether evidence is relevant under Evidence Rule 401 or whether its probative value is substantially outweighed by the danger of unfair prejudice under Evidence Rule 403 can often be resolved by a trial court either way. Keywords: 22a; app; appeals; court; criminal; defendant; evidence; ind; indiana; law; lexis; n.e.3d; opinion; rule; state; testimony; trans; unpub; v. state; victim; witness
• Retroactive Application of Legislatively Enlarged Statutes of Limitations for Child Abuse: Time's No Bar to Revival by Burroughs, Thomas G. (1989) - Additionally, criminal statutes of lim- itations had been held to be substantive, but only within other decisional contexts and not for purposes of ex post facto analysis.^'' The Hne dividing ''substance and procedure shifts as the context changes . . . 1989] STATUTE OF LIMITATIONS 1005 in criminal statutes operate prospectively. Keywords: abuse; application; child; court; criminal; law; limitations; note; period; post; right; state; statute; u.s
• Recent Developments in Indiana Tax Law: Survey 2023 by Swain, Andrew W. (2024) - 266 The Indiana General Assembly also expanded the homestead deduction to comport with an Indiana Tax Court decision. (Feb. 21, 2024), https://www.theindianalawyer.com/articles/wentworth- honored-by-in-senate-for-years-of-service-devotion-to-tax-issues [https://perma.cc/WK8C- BG9L]; Martha Wentworth (2024) LINKEDIN PROFILE, https://www.linkedin.com/in/martha- wentworth-5510b4b/ (stating that “[Judge Wentworth is] happy to share that [she is] starting a new position as Senior Judge at [the] Indiana Tax Court.”). Keywords: assessment; assessor; coast; code; court; d. indiana; department; entity; evidence; exemption; gold; ibtr; indiana; issue; law; property; sales; section; tax; tax court
• A Modest Proposal—The Prohibition of Ail-Adult Communities by the Fair Housing Amendments Act of 1988 by Fleming, Mary Kay (1989) - Landlords who saw a way to exclude children (whom they perceive as costlier tenants), and possibly to charge a premium for such rental housing, introduced the concept of all-adult or restricted apartment communities/^ All-adult apartment communities totally prohibit anyone under the age of eighteen from living in the rental units. First, the federal government could allow those people willing to invest in such rental housing the opportunity to write off the interest and property taxes during construc- tion rather than capitalizing them.^^® Keywords: act; action; amendments; apartment; cal; children; court; discrimination; families; housing; housing amendments; income; law; note; rental; stat; supp; supra; units
• Back Matter by Law Review, Indiana (1989) - [Vol. 22 Burns v. State 166 Craig v. ERA Mark Five Realtors Cross V. State 369 172 Calder v. Bull 998-99, 1002-03, 1007-08, 1011-12 Calvary Baptist Church v. Joseph 531-33 Campbell v. Holt 1015, 1018 Canfield v. Sandock 151-52 Cannaday v. State 926 Capua v. City of Plainfield 810, 816-17 Celotex Corp. v. Catrett 104-05, 108-13, 117, 124, 126 Charlie Stuart Oldsmobile, Inc. v. Smith 516, 518 Chase Securities Corp. v. Donaldson 1010, 1014, 1018 Chase v. Nelson 384 Childers v. High Society Magazine, Inc. 641, 648-49 Citizens Action Coahtion of Indiana V. Nothern Indiana PubUc Service Co. 1088, 1095 City of Bloomington v. Kuruzovich 523-24 City of Palm Bay v. Bauman 812 City of Tucson v. Gallagher 981 Cleveland Board of Education v. Lafleur 1034 Closson Lumber Co. v. Wiseman (I) (II) 382-84 Colligan v. Cousar 493 ColUns V. Associated Pathologists, Ltd. 125 Commonwealth v. Bargeron 1008-09 Commonwealth v. Richman 925, 927 Community for Creative Non-Violence V. Reid 620, 631 Complete Auto Transit, Inc. v. Brady 438 Conafay v. Wyeth Laboratories 681 Conrad v. State 195 Consolidated Products, Inc. v. Lawrence 258, 262, 564 Cooper V. Robert Hall Clothes 943, 948 Covalt V. Carey-Canada, Inc. 285, 287, 290-91 In re Swihart 329 In re Wurm 356 Indiana Department of Revenue v. Kimberly-Clark Corp. 439 Indiana Department of State Revenue v. AMAX, Inc. 473 Indiana Department of State Revenue V. Cave Stone, Inc. 471-74 Indiana Department of State Revenue V. Estate of Pearson 476-77, 482-83, 486 Indiana Department of State Revenue V. Indiana Harbor Belt Railroad Co. 473 Indiana Department of State Revenue V. Indianapolis Transit System, Inc. 470 Indiana Department of State Revenue V. RCA Corp. 469-71, 474 Indiana State Board of Tax Commissioners v. Lyon and Greenleaf Co. 462, 464 Indiana State Board of Tax Commissioners v. Stanadyne, Inc. 429 Indiana State Highway Commission V. Morris 158 Ingram v. Hook's Drugs, Inc. 282 Interdent Corp. v. United States 859-60, 864 International Sygma Photo News, Inc. V. Glove International Inc. 649 ITT Industrial Credit Co. v. R.T.M. Development Co., Inc. 380 J. C. Penney Co. v. Wesolek 521-22, 524 Jennings v. State 167-68 Jeski V. Connaught Laboratories, Inc. 692 Johnson v. Moberg 982 Johnson v. Padilla 547 Jones V. Griffith 543, 547 Jones V. State 184 Jordan v. State 176 K Kately v. Wilkinson 841 Kennedy v. City of Sawyer 968, 970-72 KerHn v. State 198 Kikkert v. Krumm 300-04 Kindred v. State 159 King V. State 195 Kirby v. lUinois 906-08, 916, 918-35 Kline v. Business Press, Inc. 187-89 K-Mart Corp. v. Novak 259, 262 Knox V. AC «fe S, Inc. 285, 290 Kroske v. Townsend Engineering Co. Keywords: american; bank; board; city; co.; commissioners; corp; county; department; hospital; inc; indiana; insurance; laboratories; law; motors; national; revenue; review; school; state; tax; united
• Front Matter by Law Review, Indiana (1990) - Mahnaz K. Moshfegh, Acquisitions/Serials Librarian, B.A., National University of Iran, 1966; M.S., Tehran University, 1971; M.A., Ball State University, 1977; M.L.S., Indiana University, 1983; Ph.D., Indiana University, 1988. Enhancing Self-Determination Through Guardian Self-Declaration Gerry W. Beyer 71 Case Note The RICO/CRRA Trap: Troubling Implications for Adult Expression Ken Nuger 109 Essay Judge Hill's Rule Winton D. Woods 137 Notes The Life of Riley: Complete First Amendment Protection Versus Deferential Commercial Speech Standards for Professional Fund- raising Solicitors , 145 The Impact of the Creation of the Court of Appeals for the Federal Circuit on the Availability of Preliminary Injunctive Relief Against Patent Infringement 169 Volume 23 1990 Number 1 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published quarterly by the Indiana University School of Law—Indianapolis, which assumes complete editorial responsibility thereof. Keywords: a.b; card; college; indiana; indiana university; investment; j.d; law; professor; state; university; west
• Enhancing Self-Determination Through Guardian Self-Declaration by Beyer, Gerry W. (1990) - The same procedure that a jurisdiction uses for the deposit of wills could be adapted to work for guardian preference documents as well. Anyone who prints, distributes, or sells guardian preference documents in any other form shall be guilty of ^^^ Failure of a commercially prepared guardian preference document to be in the required form shall have no effect on the validity of the document. Keywords: ann; attorney; code ann; conservator; court; declarant; document; estate; form; guardian; guardian self; law; person; power; self; stat; supp
• Judge Hill's Rule by Woods, Winton D. (1990) - Judge Hill was skeptical about the benefit of total law and so am I. Total war may be justified by high principle and human rights, and total adjudication should be Hmited to similar matters of great import. Judge Hill had a rule that was followed in his court, and that rule required that in argument or briefing in the Monroe County Circuit Court no lawyer could cite any case or other authority that could not be found in the county law library located in the courthouse. Keywords: case; courtroom; hill; indiana; judge; judge hill; law; rule
• The Impact of the Creation of the Court of Appeals for the Federal Circuit on the Availability of Preliminary Injunctive Relief Against Patent Infringement by Morrison, William A. (1990) - When changing the rules in the nation's economy, and the increased availability of patent preliminary injunctions is a dramatic example of a rule that has changed, clear and thorough consideration of the costs and benefits, and their constant re-evaluation, is a responsibility that cannot be ignored. This case presented a more typical treatment of the public policy question in patent infringement preliminary injunction decisions: In enacting patent laws. Keywords: cafc; cases; cir; court; data; district; f.2d; fed; inc; infringement; injunction; law; note; patent; patent infringement
• Front Matter by Law Review, Indiana (1990) - Environmental Law Indiana Environmental Law: An Examination of 1989 Legislation Thomas R. Newby Stanley H. Rorick Kevin W. Betz Timothy L. Tyler 329 Volume 23 1990 Number 2 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published quarterly by the Indiana University School of Law—Indianapolis, which assumes complete editorial responsibility thereof. A.B., Mount Holyoke College, 1970; J.D., Indiana University, 1975. Keywords: a.b; card; college; developments; indiana; indiana university; investment; j.d; law; professor; school; state; survey; university
• 1989 Developments in Federal Civil Practice Affecting Indiana Practitioners: Issues of Diversity Reform; Pendent Party Jurisdiction; Summary Judgment; Impeachment by Prior Conviction; Sanctions; and Appeal by Maley, John R. (1990) - On interloc- utory appeal, however, the Ninth Circuit reversed and held that pendent party jurisdiction was not available under the Tort Claims Act, which provides federal court jurisdiction over civil actions against the United States for certain torts of federal employees. Indiana Law Review 1989 Developments in Federal Civil Practice Affecting Indiana Practitioners: Issues Of Diversity Reform; Pendent Party Jurisdiction; Summary Judgment; Impeachment by Prior Conviction; Sanctions; and Appeal John R. Maley* I. Introduction Indiana practitioners litigating in federal court encountered a number of significant developments in federal civil practice last year. Keywords: appeal; case; circuit; claims; court; district; district court; evidence; f.2d; federal; indiana; issue; judgment; jurisdiction; law; party; pendent; practice; review; rule; sanctions; state; summary
• Survey of Recent Developments in Indiana Criminal Law and Procedure by Kammen, Richard; Polito, Katharine L. (1990) - ' The Indiana courts, buttressed by the fervor generated by the recent war on drugs and the general hostility toward criminal defendants, continued to curtail defendants' rights in cases decided this survey period. Moreover, the Indiana Constitution specifically imbues criminal defendants with the right to confront their accusers face-to-face.^^ Keywords: child; court; criminal; defendant; evidence; indiana; law; n.e.2d; right; state; supreme court; trial; trial court
• The Value of a Legal Education by Bepko, Arminda B. (2024) - Dad has always been my mentor, but when I went to law school, he took on the role of unofficial professor as well. GERALD L. BEPKO TRIBUTE 3 renewed the types of discussions we had while I was in law school. Keywords: dad; law; professor
• Indiana Environmental Law: An Examination of 1989 Legislation by Newby, Thomas R.; Rorick, Stanley H.; Betz, Kevin W.; Tyler, Timothy L. (1990) - It should be noted that new Indiana hazardous waste rules will require IDEM to search for and provide some agency records upon request. This low level of spending for environmental programs comes at a time when Indiana state government has a general fund surplus of $559.6 miUion and a Rainy Day Fund of $265.4 million for the 1988-89 fiscal year. Keywords: act; acts; burns; burns supp; code; code ann; document; environmental; hazardous; idem; ind; indiana; indiana code; law; pollution; property; rptl; state; supp; waste; water
• Reflections on the Decanal Career of Chancellor Emeritus Gerald L. Bepko by Grove, Jeffrey W. (2024) - Jerry made a point of getting to know academics at other law schools. These opportunities that Jerry opened up and encouraged led to my thirty years of affiliations with Chinese law schools and legal academics. Keywords: dean; jerry; law; school; years
• Continually Lighting the Way: Remembering Jerry Bepko by Klein, Andrew R. (2024) - Jerry was an extraordinary leader at this law school, on campus, and across Indiana University. Jerry was an honoree—President Michael McRobbie was awarding him the Indiana University Distinguished Service Medal, one of the highest honors that IU awards. Keywords: indiana; jerry; law; university
• Reimagining Substantive Due Process Liberty Interests as Privileges or Immunities of Citizenship by Buhi, Jason (2024) - This article represents a first effort to engage with Justice Thomas’s specific proposal to reimagine SDP rights under the P/I Clauses. Second, it was expected that the new Privileges or Immunities Clause would also encompass other rights associated with national citizenship, but those same cases went so far as to circumscribe the natural rights jurisprudence traditionally associated with the Article IV Clause. Keywords: amendment; cases; citizenship; clause; constitution; court; fourteenth; immunities; interests; justice; law; liberty; majority; new; privileges; process; rights; sdp; state; supreme; thomas; u.s
• Eliding Consent in the Case of Pandemic Countermeasures Authorized Only for Emergency Use by Noah, Lars (2024) - See New Drug, Antibiotic, and Biological Drug Product Regulations; Accelerated Approval, 57 Fed. See Public Readiness and Emergency Preparedness (PREP) Act, Pub. Keywords: anthrax; approval; authorization; choice; clause; consent; countermeasures; court; covid-19; drug; emergency; eua; euas; fda; fed; guidance; health; law; mandates; noah; note; pandemic; products; provision; public; reg; requirements; state; supp; supra; u.s; u.s.c; use; vaccination; vaccine
• Marsh Madness: How Indiana Could be a National Model for Wetland Regulations Post-Sackett v. EPA by Engdahl, Seth M. (2024) - Casey Smith, More than 260 acres of Indiana wetlands lost since 2021 law took effect, advocates say, IND. Casey Smith, Indiana lawmakers could further dilute state wetlands protections following SCOTUS decision, IND. CAP. Keywords: act; authority; class; court; cwa; epa; federal; force; idem; indiana; law; marsh; mitigation; note; program; property; rule; states; supra; task; u.s; united; united states; usace; waters; wetlands
• Whose Case is It Anyway?: Proposed Amendments to Indiana's Third-Party Litigation Finance Disclosure Statutes by Gobeyn, John (2024) - cc/BS34-RC3N] (explaining that litigation funders have committed almost $2 billion to thousands of Marine Corps veterans suing the United States government for water contamination at Camp Lejune, and the government has projected the claims to be worth over $20 billion). 108 Frivolous lawsuits against government entities divert taxpayer dollars away from critical services into the pockets of litigation funders. Keywords: case; code; consumer; disclosure; funder; funding; indiana; inst; judgment; law; lawyer; litigation; note; party; statute; supra; tplf; u.s
• Baby-Making as Federal Policy: Mandating Insurance Coverage for Infertility Treatments Under the Patient Protection and Affordable Care Act by Henderson, Chelsie V. (2024) - 206 An exemption is necessary to avoid challenges and foster acceptance, but perhaps the fact that Hobby Lobby’s lack-least-restrictive-means test is arguably met for infertility treatment coverage calls for reinstating the accommodation process, even if just for infertility treatments. 198 Another advantage is that there are at least two paths to infertility treatments becoming one among the EHBs, though following the contraceptive mandate path by including infertility treatment in preventive services may be more strategically sound. Keywords: alabama; costs; court; coverage; embryos; health; infertility; insurance; ivf; law; mandate; note; plans; services; state; supra; supra note; treatment; women
• Survey of Recent Developments in Family Law by Ruppert, Michael G. (1990) - As we have indicated, the cases which have generated the rule applied in our appellate decisions have not required trial courts to apply these principles so rigidly. In Gore, the husband repeatedly violated court orders pertaining to business assets, among other matters. Keywords: app; child; court; custody; ind; indiana; law; n.e.2d; order; property; support; trial court
• Health Law Update: A Survey of Recent Developments in Indiana Law Governing Health Care Providers by Grubbs, J. Michael (1990) - [Vol. 23:391 B, Release of Medical Records Public Law 291-1989 (Senate Enrolled Act (*'SEA) 270)^^5 ^Qyi^ts the method in which a hospital is required to respond to subpoenas or court orders requiring the production of hospital medical records of patients which contain information regarding alcohol and drug abuse treatment, treatment for mental illness, and treatment for communicable diseases including HIV infections and confirmed cases of AIDS.'^ Re- cords containing such information are confidential under the provisions of either federal or state laws.'°^ Upon receiving either a subpoena or court order requiring the pro- duction of records containing information in one of these three categories, the hospital employee with custody of the original medical records is now required to execute a verified affidavit identifying the record or part of the record that is confidential. ^^^ The court's reliance on the lack of harm in selecting a substantial compliance standard in this case implies that in other cases strict compliance with hospital bylaw provisions involving physician discipline will be required if a physician can show harm was caused by even a minor deviation. Keywords: 1395dd; care; court; hospital; ind; indiana; law; medical; patient; review; section; treatment
• Survey of Recent Developments in Insurance Law by Trimble, John C. (1990) - [Vol. 23:431 Other cases reported in this Article will deal with: (1) the efforts of automobile accident victims to recover from a tortfeasor's homeowner insurance coverage; (2) the meaning of 'intentional as used in exclu- sionary clauses of liability insurance policies; and (3) other miscellaneous issues. Exclusions for Intentional Acts For years liability insurance policies have contained provisions that have excluded an insured from liability coverage if the injury-producing acts of the insured were intentional. Keywords: app; co.; court; ind; indiana; insurance; insured; law; n.e.2d
• Survey of Recent Developments in Indiana Labor Law by Cross Jr., Leland B.; Haney, Douglas Craig (1990) - Unemployment Compensation A. Due Process and Equal Protection of Law During the survey period, Indiana courts continued to review un- employment compensation decisions with an eye toward the overall due process and equal protection rights afforded the parties affected by such decisions. Keeping these state goals in mind, the court concluded that Winder had lost her full-time job through no fault of her own and had only quit her part-time job with the expectation that she would still be able to maintain stable employment by working at her full- time job.^^ As Winder had never voluntarily become unemployed and would have been entitled to unemployment compensation if she had never held her part-time job, the court reasoned that to deny her unemployment benefits solely because she had held two jobs, instead of one, bore no rational relationship to the goals of the Indiana Employment Security Act'^ and denied Winder equal protection of law.^' For this reason, the court reversed the Review Board and found Winder eligible for unemployment benefits.^^ B. Unemployment Compensation During Periods of Labor Unrest During the survey period, Indiana courts refused to expand the circumstances under which employees can be found ineligible for un- employment benefits during periods of labor unrest, and limited the circumstances under which picketline misconduct can be used as grounds for just cause discharge. Keywords: app; board; cause; court; employment; indiana; law; n.e.2d; review
• Survey of Recent Developments in Professional Responsibility by Erwin, Roger D. (1990) - Rules of Prof. Conduct Rule 3.5. See also Rules of Prof. Conduct Rule 8.4(b) (1987). Keywords: code; conduct; court; indiana; law; professional; respondent; rule
• Survey of Recent Developments in Property Law by Krieger, Walter W. (1990) - Recently, however, Indiana courts have excepted appellate attorney fees from the general rule of merger. Recently, however, courts have begun to move away from the arbitrary and capricious right of refusal rule, and have held that the withholding of consent by the landlord should be governed by the principles of good faith and commercial reasonableness.^^ In First Federal Savings Bank v. Key Markets, Inc.,^ a trust pur- chased a one acre tract in Sheffield Commons Shopping Center from the developer, Joseph McLaughlin, to construct a supermarket to be operated by Burger's Supermarkets, Inc.. McLaughlin retained title to the adjoining real estate, but agreed to lease additional space to Burger's for access and parking. Keywords: account; agreement; app; court; deposit; estate; indiana; landlord; law; lease; n.e.2d; notice; purchaser; rubsam; tenant; title; warranty
• Front Matter by Law Review, Indiana (1990) - Mahnaz K. Moshfegh, Acquisitions/Serials Librarian, B.A., National University of Iran, 1966; M.S., Tehran University, 1971; M.A., Ball State University, 1977; M.L.S., Indiana University, 1983; Ph.D., Indiana University, 1988. Tracy A. Nelson, B.A., University of Denver, 1981; J.D., Indiana University, Indianapolis, 1985. Keywords: a.b; college; indiana; indiana university; investment; j.d; law; professor; school; state; university
• Prolific: A Tribute to Professor R. George Wright by Klein, Andrew R. (2025) - The following year, George confided in me that he would be interested in making a similar transition. A TRIBUTE TO PROFESSOR R. GEORGE WRIGHT Indiana Law Review Volume 58 2024 Number 2 TRIBUTES PROLIFIC: A TRIBUTE TO PROFESSOR R. GEORGE WRIGHT ANDREW R. KLEIN * How does one start when writing a tribute for George Wright? Keywords: george; law; wright
• Professor Wright Student Tributes by Engdahl, Seth; Jellen, Rachel Scherer; Paynter, Ashley; Pulliam, Daniel; McDougal, Brea L.; Mohr, Shelby; Noel, Konstantina; Richter, Evangelyn; Slaten, Emily; Steinrauf, Alexis; Tapella, Mia; Thomas, Kathleen; Wichern, Natalie; Wright, Monica (2025) - That’s R. George Wright. When I walked into Constitutional Law for the first time in the Fall of 2023, I did not know what to expect from Professor Wright. Keywords: george; indiana; law; mckinney; professor; professor wright; review; school; student; time; uncle; wright
• Deepfakes and Dog Toys: First Amendment Defenses Under the Rogers Test After Jack Daniel's v. VIP Products by Murray, Michael D. (2025) - 105 Cases prior to Jack Daniel’s, particularly in the Ninth Circuit, had inserted the Rogers analysis as a threshold test of First Amendment expressive uses of marks and trade dress in which a defendant might avoid the full infringement or dilution analysis altogether and be dismissed or granted summary judgment on the plaintiff’s infringement or dilution claims. This article is more modest: It will examine the past, present, and future use of the Rogers test in an evaluation of the application of First Amendment protections in trademark infringement cases and in legal actions traditionally associated ————————————————————————————— 10. Keywords: 9th; amendment; case; cir; circuit; claims; court; daniel; dog; expression; identifying; inc; infringement; jack; law; parody; publicity; right; rogers; source; test; trademark; use; work
• Carbon Emissions and Energy Benchmarking by Sobelsohn, Richard J. (2025) - On the other hand, many international cities seem to just be starting the process of regulating building carbon emissions. Texas.—Although Texas has begun to regulate energy consumption and its reduction, there is a material lack of concrete state legislation directly concerning reducing building carbon emissions. Keywords: act; benchmarking; building; carbon; carbon emissions; city; climate; code; consumption; efficiency; emissions; energy; energy efficiency; feet; law; n.y; new; owners; property; regulations; report; requirements; residential; use; water
• Authorship by Omission: How Editorial Choices in Casebooks Shape the Apprehension and Meaning of Law by Williams, Sam (2025) - One reason could be that Constitutional Law case topics are argued with wider implications for society while Property presents the law as it is and leaves the reader/attorney to figure out what to do with it. United States v. Causby, 328 U.S. 256 (1946). 2024] AUTHORSHIP BY OMISSION 361 Kelo and several other cases in its notes following that case. Keywords: analysis; author; bias; biases; case; casebooks; chemerinsky; constitutional; court; decisions; example; facts; fletcher; information; kelo; law; literacy; massey; media; note; property; public; reader; supra; supra note; text; use; work
• Judicial Humility in an Age of Certitude by Wright, R. George (2025) - Crucially, judicial humility, in particular, is not skewed toward deference to either past judges or to contemporary legal decision-makers. 9 Judicial humility is an essential element of the ultimate value of broad practical wisdom in judging, but at the same time, judicial humility should be informed and steered by accumulated judicial practical wisdom. Keywords: age; case; certitude; court; humility; justice; law; note; phil; plessy; rev; self; supra; u.s; value; virtue; wisdom
• Prohibiting Conversion T̶h̶e̶r̶a̶p̶y̶ Torture in Indiana: Professional Misconduct and Not Free Speech by Casse, Michael (2025) - The court described California’s law as essentially identical to Washington’s law regarding a ban on conversion therapy, with the same purpose of protecting the well-being of minors from harmful exposure caused by conversion therapy treatment. Specifically, by highlighting the numerous harmful and sometimes lifelong effects of conversion therapy including increased rates of anxiety, depression, and suicidal ideation, this note argued that conversion therapy efforts on LGBTQ+ patients by licensed medical professionals should be strictly prohibited. Keywords: amendment; circuit; community; conversion; conversion therapy; court; health; indiana; law; lgbtq+; professional; speech; therapy
• Data on the Move: The Intersection of Automated License Plate Readers and Privacy in Indiana by Page, Isabella (2025) - The absence of evidence indicates that Indiana law enforcement utilizes ALPRs for non-investigative purposes, so the list should only pertain to investigative use. “Historical data” refers to license plate data that is stored in an automated license plate reader database, including data retained beyond 30 days. Keywords: alpr; court; data; enforcement; ind; indiana; individual; information; law; license; n.e.2d; plate; privacy; search; state; u.s; united
• Sole Interest vs. Best Interest: Modeling Future Anti-ESG Legislation Off Indiana Code § 5-10.2-14-2 to Protect the Fiduciary Duties Owed by Trustees by Requiring Sole Interest Ideology by Parrish, Kristen (2025) - Ultimately, there is no proven method to ensure that ESG investment decisions actually lead to a beneficial return on investment. The other understanding of ESG ratings is that ESG measures social and environmental factors impact on a company. Keywords: anti; beneficiaries; company; decisions; duty; esg; fiduciary; indiana; interest; investing; investment; law; note; rating; rule; states; supra; trust
• The Proper Statute of Limitations on a Rule 10b-5 Action by Franzmann, Christopher J. (1990) - See also Occidental Life Ins. Co. v. EEOC, 432 U.S. 355 (1977) (adopting federal statute of limitations for EEOC enforcement action); McAllister v. Magnolia Petroleum Co., 357 U.S. 221 (1958) (federal limitations period applied to unseaworthiness action under general admiralty law). State legislatures do not devise these lim- itations periods with national interests in mind, and it is the duty of federal courts to assure that the importation of state law will not frustrate or interfere with the implementation of national policies. Keywords: action; court; f.2d; federal; fraud; law; limitations; period; rule; statute; u.s
• Front Matter by Law Review, Indiana (1990) - A.B., Mount Holyoke College, 1970; J.D., Indiana University, 1975. B.A., Smith College, 1969; J.D., Indiana University, 1976. Keywords: a.b; college; indiana; indiana university; indianapolis; j.d; law; professor; school; university; west
• The Statutory Duty Action in Tort: A Statutory/Common Law Hybrid by Forell, Caroline (1990) - Before thoroughly examining statutory duty actions, the analytical framework which applies when a statute appears to be relevant to a tort case must be introduced. ^^ The first Section concludes that it is judges who create statutory duty actions, and that it is appropriate for them to do so openly when they beUeve that providing such actions best effectuates the purpose of focused statutes. Keywords: action; care; cases; court; doctrine; duty; duty action; law; law action; law negligence; legislature; liability; negligence; negligence action; note; plaintiff; remedy; rev; state; statute; statutory; supra; tort action
• A Strategy for Increasing the Mental and Emotional Fitness of Bar Applicants by Maher, Stephen T.; Blum, Lori (1990) - We use the words bar examiners to refer to individuals who participate in fitness determinations concerning bar applicants. The Inquiry Conflicts With the Goal of Encouraging Fitness.— Those who employ the inquire and exclude approach may not intend to prevent bar applicants from taking full advantage of the mental health resources available to them as law students, but that is one of the consequences of that approach. Keywords: applicants; approach; bar; bar examiners; counseling; examiners; fitness; florida; health; inquiry; law; law students; lawyers; note; practice; problems; stress; students; supra; test; treatment
• Time For an Intermediate Court of Appeals: The Evidence Says "Yes" by Safranek, Stephen (1990) - Circuit judges would be less willing to accept a decision made by their colleagues than they would be to accept a decision made by a superior court. Instead, the formation of an intermediate court could lead those who deal with the courts to realize that circuit judges are part of a web of persons charged with interpreting the law consistently. Keywords: appeals; banc; cases; circuit; conflicts; court; judges; law; note; panel; review; rule; supra; supreme court
• The Short History of a Rule of Evidence That Failed (Federal Rule of Evidence 609, Green v. Bock Laundry Machine Co. and the New Amendment) by Voigtmann, Mark (1990) - 609 931 reasoned that even if the **to the defendant'' balancing language of Rule 609(a)(1) did not apply to a civil plaintiff, the residual and less protective filter of Rule 403 intervenes.^^ See, e.g., Smith, Impeaching the Merits: Rule 609(a)(1) and Civil Plaintiffs, 13 N. Ky. L. Rev. 441, 447-52 (1987) {Diggs legislative analysis does not support its interpretation); Note, Evidence - Diggs v. Lyons: The Use of Prior Criminal Convictions to Impeach Credibility in Civil Actions Under Rule 609(a), 60 Tul. Keywords: balancing; cir; congress; conviction; court; evidence; f.2d; green; law; note; rule; supra
• Back Matter by Law Review, Indiana (1990) - 667 Ingram v. Land-Air Transportation Company 650, 652 1990] INDEX XI Jackson v. Johns-Manville Sales Corporation 775 Jackson v. Warrum 622-25 Jamison v. Texas 717, 719-20 Jarrel v. Monsanto Co. 625, 628, 632-33, 641 Jennings v. Jennings 253 Johnson v. St. Vincent Hospital, Inc. 904-08, 925 Jones V. Abriani 202-03 Jones V. Griffith 415, 429 Jones V. Marion County Small Claims Court 221, 223, 233-36, 239-40 Jordan v. Talaga 511-12 Jurado v. Eleven-Fifty Corp. 887-88 Kahn v. Cundiff 477, 479 Kaletha v. Bortz Elevator Co. 611 Kaminski v. Cooper 428 Keller Industries v. State Board of Tax Commissioners 546 Keller v. Indiana Department of Revenue 533-37, 539-40 Kennedy v. St. Joseph Memorial Hospital 393 Kingsley Books, Inc. v. Brown 113 Kinzli V. City of Santa Cruz 892-94 Kiracofe v. Reid Memorial Hospital 393 Lake Nacimiento Ranch v. San Luis Obispo County 893 Lamont v. Postmaster General 721, 723 Lenard v. Argento 930, 940 Locke V. State 315 Lord V. State 320 M MacDonald, Sommer & Prates v. Yolo County 892 Madison v. State 317-18 Mansur v. Carpenter 905 Mareska v. State 323 Mars Steel Corp. v. Continental Bank, N.A. 262, 294-95, 300 Martinez Chavez v. State 325-26 Masterman v. Veldman's Equipment, Inc. 621-22, 624 Mathews v. Eldridge 228 Matsushita Electric Industrial Co. v. Zenith Radio Corp. 277, 282-83 Matter of Bryant 477 Maziarka v. St. EUzabeth Hospital 404-05 McClanahan v. Remington Freight Lines 446 Methodist Hospital v. Rioux 903, 914-17, 921 Meulen v. Review Board of Indiana Employment Security Division 448-49, 465 Mid-State Fertilizer v. Exchange National Bank 280-88 Midtown Community Mental Health Center v. Estate of Gahl . [Vol. 23 Georgia Association of Retarded Citizens v. McDaniel 888 Ginzburg v. United States 123 Gleitman v. Cosgrove 758, 760 Globe Newspaper Co. v. Superior Court 959-60 Gnerlich v. Gnerlich 363-64, 366 Goka V. Bobbitt 284-86 Governmental Interinsurance Exchange v. Khayyata 591-93 Graham v. State 316-17, 427 Green Ridge Mining v. Indiana Unemployment Insurance Board 457, 466 Green v. Bock Laundry Machine Co. 262, 288-91, 928-29, 937, 939-41, 943-47 Gregg V. Sun Oil Co. 651 Guinn v. Light 416, 419 Gutierrez v. Municipal Court of S.E. Judicial District 887-88 H H.H. Robertson Co. v. United Steel Deck, Inc. 192, 194 Hammock v. Bowen 891 Harbeson v. Parke-Davis 760 Harper v. Guarantee Auto Stores 594, 596 Hass V. Shrader's, Inc. 652-53 Hatchett v. State 323 Hazlett V. Sinclair 509 Hehr v. Review Board of Indiana Employment Security Division 456, 466 Hendrickson v. Binkley 377 Herman v. City of Chicago 277 Hermann v. Frey 614-15 Herrington v. Sonoma County 893- 94 Hickman v. Taylor 247 Hicks V. State 323, 325 Hodge V. Nor-Cen, Inc. 501 Hoffman v. E.W. BHss Co. 628-29, 632 Home Insurance Co. v. Neilsen 439- 40 Howell V. State Farm Fire & Casualty Co. 241 Huff V. White Motor Corp. Keywords: board; co.; corp; court; department; developments; hospital; inc; index; indiana; indiana law; insurance; law; michael; revenue; review; rule; state; survey; united
• Front Matter by Law Review, Indiana (1991) - The entire text of this Law Review is printed on recycled paper. &Cr-2.0(olO Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. All articles Copyright 1990 by The Trustees of Indiana University, ex- cept where otherwise indicated. Keywords: a.b; assistant; b.s; college; indiana university; indianapolis; j.d; law; professor; review; university
• What Price Belonging: An Essay on Groups, Community, and the Constitution by Torke, James W. (1991) - The Supreme Court has been warily alert to the recognition of group rights under the equal protection clause. However, emphasis is most apt to be on the negative aspects of group rights — groups as protective spheres, rather than on the positive virtues of groups — as the source of character, value, and nurture.^*' This is not to deny the fact that the positive goods of some groups, expressive groups and families, have not been remarked. Keywords: american; association; belonging; community; court; freedom; government; groups; human; indiana; individual; interests; justice; law; liberalism; nature; place; power; price; protection; rev; review; rights; sense; society; state; supra note; theory; u.s; values; vol; world
• Boosted by Bostock: LGBTQ Title IX Protections by Lambert Hillman, Regina (2025) - A decade before the Bostock decision, the U.S. Department of Education (DOE) interpreted Title IX’s protective reach to include sex discrimination protections based on gender identity.17 However, changing presidential administrations led to withdrawn guidance and confusing and conflicting agency interpretations of Title IX’s application to LGBTQ students.18 During Obama’s presidency, the DOE engaged in several important efforts to extend Title IX’s sex discrimination protections to LGBTQ students, including releasing federal agency guidance to federal fund recipients subject to Title IX.19 However, Trump’s subsequent presidency and the shift in political party in control of the White House negatively impacted the progress of LGBTQ rights, including Trump’s withdrawal of Obama-era DOE Title IX guidance and the denial of Title IX sex discrimination protections to LGBTQ students.20 The release of the Bostock decision during the last months of Trump’s presidency did not immediately impact his DOE’s interpretation of Title IX; instead, his administration worked to limit Bostock’s broad holding.21 In contrast, seven months after the Bostock decision, Biden was sworn in as ————————————————————————————— 14. [Vol. 58:503 516 During Obama’s presidency, the DOE made clear that Title IX’s sex discrimination protections extended to LGBTQ students, and it remained constant until Obama left office in January 2017.71 All told, Obama’s administration made substantial efforts to recognize the needs of LGBTQ students and provide Title IX sex discrimination protections to ALL students. Keywords: access; adams; administration; basis; bathroom; biden; board; bostock; bostock court; case; circuit; circuit court; court; decision; dissenting; district; district court; doe; education; f.4th; federal; gender identity; guidance; identity; issue; law; lgbtq; majority; opinion; orientation; policy; protections; pryor; review; rule; school; sex discrimination; states; students; supra; supreme court; title ix; title vii; transgender; transgender students; u.s
• Time Out of Mind: Emergency Detentions Under Indiana Law, Due Process Implications, and Proposed Reforms by Adams, Jerrick T. (2025) - In the years following Lessard, courts across the country issued decisions concerning the timeliness of commitment hearings, and many of those decisions bear Lessard’s unmistakable imprint.100 More recent decisions, although less reliant on Lessard, also recognize that the timeliness of hearings is a central due process concern.101 It is true that a consensus as to the exact interval between initial confinement and a hearing has yet to emerge. WINICK, supra note 25, at 162–64 (listing citations to statutory procedures for commitment hearings in the 50 states and the District of Columbia). 147. Keywords: code; commitment; court; days; detainee; detention; emergency; hearing; ind; indiana; individual; law; right
• Expectations, Loss Distribution and Commercial Impracticability by Walt, Steven (1991) - Market price formulas for adjusting contract price when the good is a nonhomogeneous commodity are instances of inadequate provisions. 440, 444 (E.D. Va. 1981) (contract price for per kilowatt hour reflected the parties' anticipation of the reprocessing of spent nuclear fuel). Keywords: buyer; case; co.; commercial; compensation; contract; cost; court; expectation; impracticability; input; law; loss; note; parties; party; performance; price; principle; risk; rule; section; seller; supra
• Copyright Ownership of Commissioned Computer Software in Light of Current Developments in the Work Made for Hire Doctrine by McNeil, Michael B. (1991) - Thereafter, the Note will describe how the Court's ruling and the pending work for hire legislation fail to promote the primary goal of copyright law in cases involving commissioned works. Because any discussion of commissioned works must necessarily address the possibility of joint authorship, this Note will then critically examine the use of joint ownership as a compromise solution to the neglected treatment of commissioning parties under the work for hire provision. Keywords: ccnv; computer; control; copyright; court; employee; hire; law; party; reid; software; test; work
• Front Matter by Law Review, Indiana (1991) - Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. LL.B., Harvard University, Gerald L. Bepko, Vice-President, Indiana University; Chancellor, Indiana University-Purdue University at Indianapolis and Professor of Law. Keywords: a.b; assistant; b.s; college; indiana; indiana university; indianapolis; j.d; law; professor; review; university
• Redefining Corporate Law by Millon, David (1991) - Management's duty to privilege shareholder interests is based on an underlying assumption about the purpose of corporate activity; and our system of corporate law assigns to corporate management the task of pursuing the underlying shareholder welfare objective. Under this conception of management's role in the corporation, management must accord primacy to shareholder interests in exercising its discretion to manage the cor- poration's business affairs. Keywords: ann; business; corporation; decision; directors; duty; duty statutes; hostile; interests; law; management; market; new; nonshareholder interests; nonshareholders; note; rev; rights; shareholder; statutes; supp; supra; takeover; term; time; welfare; west
• Indemnification of Corporate Executives Who Have Been Convicted of Crimes: An Assessment and Proposal by Bucy, Pamela H. (1991) - In fact, Indiana explicitly cited this gray area between legal and illegal conduct when it passed standards for permissive indemnification that make it even easier for convicted corporate executives to qualify for permissive indemnification. '^^ Still other courts have simply disregarded public policy concerns and allowed full indemnification to convicted corporate executives without discussion of any public policy rationales. Keywords: advance; ann; cases; code; corporation; court; criminal; d&o; directors; executive; executive indemnification; fees; indemnification; indiana; insurance; law; liability; new; note; policy; proceeding; rev; rmbca; standards; states; statute; supp; supra note; united; west
• Loss Causation: Exposing a Fraud on Securities Law Jurisprudence by Kaufman, Michael J. (1991) - Part II contends that the arguments advanced in favor of loss causation, based on the statutory scheme underlying the federal securities laws, United States Supreme Court causation decisions, the common law, and public policy, do not support the view that securities fraud plaintiffs must show that the defendant's conduct caused the full decline in the value of their in- vestments before they can recover any damages. Indiana Law Review Loss Causation: Exposing a Fraud on Securities Law Jurisprudence Michael J. Kaufman* I. Introduction After creating the idea of **loss causation* *• in federal securities law cases, the federal courts have called the concept **ungainly,'*2 exotic,**' ** confusing,'*'* and even **unhappy.**^ One federal court has recognized that the full application of '*loss causation** to civil actions filed under Securities and Exchange Commission Rule lOb-5^ would entirely ** evis- cerate** that primary antifraud provision.^ Keywords: cir; conduct; court; damages; defendant; f.2d; law; loss causation; plaintiffs; price; securities; transaction; transaction causation; transaction price; u.s; value
• The Berne Convention and Protection of Works of Architecture: Why the United States Should Create a New Subject Matter Category for Works of Architecture Under Section 102(a) of the Copyright Act of 1976 by Steinfeld, Laura E. (1991) - Laura E. Steinfeld* owner of a building embodying such architectural work, without the consent of the author or copyright owner, to make or authorize the making of alterations to such building, in order to enhance the utility of the building. Moreover, the Berne Convention, of which the United States is a member, protects works of architecture.^ This Note explains why architectural works should receive copyright protection afforded by the Berne Convention. Keywords: act; architecture; berne; building; copyright; copyright office; copyright protection; law; nimmer; plans; protection; report; section; structure; supra note; works
• Front Matter by Law Review, Indiana (1991) - Copyright © 1991 by the Trustees of Indiana University TABLE OF CONTENTS Survey I. Foreword Indiana Law, the Supreme Court, and a New Decade Chief Justice Randall T. Shepard 499 II. Indiana Law Review olume 24 No. 3 1991 r% 1!M^V[ ./ ^ 1990 SURVEY OrWCETfDEVELOPMENTS IN INDIANA LAW CONTRIBUTORS TO THIS ISSUE Chief Justice Randall T. Shepard Anne Slaughter Andrew Karon Arnold-Hatleli Bruce G. Berner Robert F. Blomquist Ivan Bodensteiner Douglass G. Boshkoff Gory Brundage Jeffrey P. Glaflin Doreen Denega Elizabeth A. DuSold Debra Farmer Kristen Fruewald Harold Greenberg Lawrence A. Jegen, III Catherine Kling Walter W. Krieger Rosalie Berger Levinson John R. Maley Mitzi Martin Todd M. Merman Marcia Oddi William Popkin Ellen Quigley Peter Racher John Render Michael Ruppert John Trimble Ruth Vance David E. Vandercoy John Vargo Mary Jo Hunter Wedding Thomas M. Weinland Geri J. Yonover ARTICLE Indiana's Medical Malpractice Act: Results of a Three-Year Study Eleanor D. Kinney William P. Gronfein Thomas P. Gannon Career Move. Keywords: a.b; assistant; b.s; college; developments; indiana; indiana university; indianapolis; j.d; john; law; professor; university
• Foreword by Shepard, Randall T. (1991) - Although Indiana Supreme Court opinions are not binding on other state courts, they can offer guidance based on their persuasiveness, especially when other courts are confronting novel legal problems or contemplating legal change. A total of 1,490,091 cases were filed in Indiana courts in 1989. Keywords: bar; cases; constitution; court; indiana; indiana law; indiana supreme; judges; judicial; law; n.e.2d; national; new; rule; state; supreme; supreme court; trial; year
• Administrative Law: When Agencies Don't Play By the Rules by Claflin, Jeffrey D.; Arnold-Hatleli, Karon; Racher, Peter M. (1991) - In 1988, the Court extended this exception to the exhaustion doctrine by holding that plaintiffs need not exhaust state administrative remedies prior to filing a suit in state court. [§ 1983 plaintiffs] immediate access to the federal courts notwithstanding any provision of state law to the contrary, ... yet contemplated that those who sought to vindicate their federal rights in state courts could be required to seek redress in the first instance from the very state officials whose hostility to those rights precipitated their injury. Keywords: act; action; administrative; code; court; immunity; ind; indiana; itca; law; n.e.2d; notice; property; state; supreme court; tort
• Bankruptcy in the Seventh Circuit: 1989-1990 by Boshkoff, Douglass G. (1991) - [Vol. 24:551 Marathon provides the outer boundary of original referred jurisdiction of bankruptcy courts, but considerations of judicial economy also bear on the decision to withdraw the reference or refer to the bankruptcy court. If the trustee is involved in bankruptcy proceedings, can its bankruptcy trustee use section 544(a)(3) to bring any of the trust's realty into the bankruptcy estate unburdened by the equitable rights of the beneficiary? Keywords: action; bankruptcy; chapter; cir; circuit; claim; court; creditors; debtor; f.2d; judge; law; proceeding; section
• Recent Developments in Contract and Commercial Law by Greenberg, Harold (1991) - Furthermore, although other courts are divided on whether the definition of good faith found in Article 2 should be applied to Article 9, Indiana courts have not yet decided the issue.^^ The court was reluctant to import the definition in Article 2 into Article 9 when there already was an Article 1 definition appHcable to the entire Code.^^ The official comments of the National Conference of Commissioners on Uniform State Laws and American Law Institute, sponsors of the U.CC, were not adopted as part of, and do not appear in, Indiana's version of the U.CC, which appears at Indiana Code § 26-1 (1988). Keywords: agreement; bank; buyer; code; commercial; contract; court; indiana; interest; law; n.e.2d; party; rate; seller; u.c.c
• My Reflections on Thirty Years of Judging by Magnus-Stinson, Jane E. (2025) - Senior District Judge (2024–present), District Judge (2010–2024), Magistrate Judge, (2007–2010), United States District Court for the Southern District of Indiana; Judge, Marion Superior Court (1995–2007); J.D. cum laude, 1983, IU Robert H. McKinney School of Law, 1983; B.A. cum laude, 1979, Butler University. I have grown my chosen family by eighteen during my time as a magistrate judge and district judge. Keywords: court; criminal; district; indiana; judge; justice; law; magistrate; states; united; work; years
• Her Honor: A Tribute to Judge Jane E. Magnus-Stinson by Evans Barker, Sarah; Walton Pratt, Tanya; L. Pryor, Doris; McVicker Lynch, Debra (2025) - In 1983, when Judge Stinson graduated from law school, I was serving as the United States Attorney for our district. Judge Stinson’s special gift throughout her extraordinary judicial and public service career has always been her ability and willingness to place herself into the flow of history—to establish relationships that are constructive and life- giving, to “do good work” (as Garrison Keillor says14) and to apply her strong intelligence and imagination for the common good, to advocate for and to express her strong commitment to just causes and moral behavior, and to beautifully synthesize her roles as wife/mother/daughter/sister/friend with her responsibilities as lawyer and judge—in short, to make her one precious life count, to borrow the words of the poet Mary Oliver.15 Judge Stinson has been able to achieve such wide-ranging success in large measure due to her remarkable capacity to see life whole, a capacity anchored in her clear sense of and respect for the history that has preceded her and now inspires and motivates her life-long commitment to hold the door open for others—all others, men and women alike—anyone who faces obstacles based on a deprivation of fundamental fairness or on withheld justice. Keywords: court; district; honor; indiana; judge; law; magnus; painting; stinson; women
• Judge Jane: Beyond the Bench by M. Barr, Kellie (2025) - Prior to joining the federal bench, Judge Magnus-Stinson was appointed and then twice elected as Judge of the Marion Superior Court, serving from 1995–2007.8 She served as the Supervising Judge for the Marion Superior Probation Department from 1997–2001. While I still consider this to be our first meeting, we did not actually speak because I was too intimidated to talk to the legal legend commonly referred to as “Judge Jane.” Keywords: committee; district; federal; jane; judge; law; magnus; stinson
• Alegacy of Excellence: A Tribute to Judge Jane E. Magnus-Stinson by Bayh, Birch; Bayh, Birch (2025) - This collaborative and bipartisan effort further underscored the esteem in which Judge Magnus-Stinson was, and continues to be, held across Indiana. It seems like just yesterday that Jane Magnus, as she was then known, and I were young, idealistic lawyers starting our legal careers in Indianapolis. Keywords: case; commitment; court; indiana; jane; judge; law; magnus; state; stinson
• Developments in Indiana Appellate Procedure: Rule Amendments, Remarkable Case Law, and Court Guidance for Appellate Practitioners by H. Babb, Bryan; M. Dick, Bradley; R. Shah, Seema (2025) - [Vol. 58:725 738 of 2023 was 2.1 months, compared with 1.7 months at the end of 2022.84 In addition to deciding cases, the court issued 7,834 orders.85 C. Judge Riley Retires from Indiana Court of Appeals. D. Judge Crone Retires from Indiana Court of Appeals On September 3, 2024, Judge Terry A. Crone announced that he would “retire from the Court of Appeals of Indiana on November 5, 2024.”92 Keywords: appeals; appellate; case; court; indiana; judge; law; order; rule; trial
• Banking, Business, and Contract Law by Sullivan, Jr., Frank (2025) - CONTRACT LAW A. A Major Construction Contract Dispute: Delay Clause; Unjust Enrichment; and Mechanics’ Liens B. A Student’s Contract with a University C. Four Cases on the Sale and Financing of Real Estate D. Three Insurance Contract Cases E. Prejudgment Interest F. Non-Competition Clauses in Employment Agreements G. Arbitration Clauses: Supreme Court Decision H. Arbitration Clauses: Court of Appeals Decisions I. Forum Selection Clauses V. CONCLUSION This Article surveys banking, business, and contract law decisions of the Indiana Supreme Court (“Supreme Court”) and Indiana Court of Appeals ————————————————————————————— * Professor of Practice, Indiana University Robert H. McKinney School of Law, and Indiana University Bicentennial Professor. For this reason, the Court held that the statute did not preclude Nemeth from being a member and that genuine issues of material fact remained as to whether he was.210 The Court of Appeals then turned to the question of unjust enrichment and the related issues of Nemeth’s alleged misconduct in allegedly withholding information about his brokerage commission.211 Indiana courts have a well- established methodology for analyzing whether a case in which both equitable and common law claims are asserted are to be tried entirely to the court, or whether the common law claims are to be tried separately by jury.212 The trial court utilized that analysis in its decision that Nemeth was not entitled to a jury ————————————————————————————— 205. Keywords: 405831_inlr-58-4_text.indd; app; appeals; article; bank; business; case; claim; commercial; contract; court; debt; edgerock; garmong; inc; ind; indiana; judgment; law; lien; llc; loan; mortgage; n.e.3d; nemeth; pm5/13/25; property; survey; trial
• Defining the Limits: The Right to Bring a Constitutional Claim - 2023-2024 by Chinn, Scott; E. Pulliam, Daniel (2025) - Indiana State Constitutional Law Summaries—2018–2019, 53 IND. ARTICLE 1, SECTION 23 AND ARTICLE 2, SECTION 2 – EQUAL PRIVILEGES AND IMMUNITIES AND VOTING QUALIFICATIONS In Morales v. Rust, the Indiana Supreme Court rejected an argument by an individual who sought the Republican nomination for U.S. Senate in 2024 that an Indiana statute, commonly referred to as the “Affiliation Statute,” was unconstitutional.155 Indiana law establishes primaries in which Indiana citizens may vote for various political candidates for office, including for the office of U.S. Senator.156 The Affiliation Statute requires a would-be primary candidate to file a declaration of candidacy within a specific timeframe that establishes the candidate’s party affiliation in one of two ways: by showing that they had voted for the party with which they were claiming affiliation in the two most recent primary elections in which they voted, or by filing a certification from the party chair of their county affirming the candidate’s membership in the party.157 The plaintiff could not satisfy either option. Keywords: appeals; article; constitutional; court; defendant; indiana; jury; law; n.e.3d; property; right; section; state; statute; trial; trial court
• Recent Developments in Indiana Criminal Law and Procedure by M. Schumm, Joel (2025) - In Grimes v. State, a divided Indiana Supreme Court provided guidance about what parties and trial courts must do when continuing cases based on court congestion.5 In Grimes, the defendant objected to the post-congestion trial date and filed a motion for discharge.6 First, trial courts are given deference as to an initial finding of congestion.11 “But if the defendant presents a prima facie case that the court’s congestion finding is inaccurate,” the burden shifts to the trial court to explain why its calendar required continuing the trial.12 If the court fails to meet its burden, the defendant is entitled to have the State’s charge against him dismissed.13 By submitting docket entries showing no other scheduling conflicts with priority over his criminal trial, Grimes met his initial burden.14 Keywords: app; appeals; case; court; criminal; defendant; ind; indiana; law; n.e.3d; rule; sentence; state; supreme; trial
• 2024 Developments in Indiana Evidentiary Practice by E. Flora, Colin (2025) - Willis v. Ringbauer, No. 23A-PL-1739, 2024 Ind. App. ; Peterson v. State, No. 23A-CR-2041, 2024 Ind. App. Keywords: 23a; app; appeals; court; defendant; evidence; ind; indiana; indiana court; law; lexis; n.e.3d; pm5/13/25; rule; state; survey; testimony; trans; trial; unpub; v. ind; v. state; witness
• Practicing in Indiana 101 by Hagan, Carrie (2025) - (1) Unless otherwise permitted by these rules, documents submitted for filing in Indiana courts must be filed electronically with the clerk using the IEFS. Indiana also has a Tax Court that handles any cases arising out of Indiana tax laws or appeals from decisions made by the Department of State Revenue of the State Board of Tax Commissioners. Keywords: attorney; case; county; court; filing; indiana; interrogatories; law; party; pm5/13/25; rule; trial
• Survey of Indiana Law of Professional Responsibility (2023-2024) by L. Meiring, Adrienne; Perry, Shiloh; Stajura, Bailey (2025) - In re Norrick illustrates the ethical harm that arises when a new judge fails to appreciate the responsibilities of the changed legal role.90 In Norrick, the Indiana Supreme Court approved a Conditional Agreement for Discipline between the Indiana Commission on Judicial Qualifications and the respondent judge, imposing a forty-five-day suspension without pay on the judge for 1) failing to supervise staff in the processing of orders, which resulted in the appearance that the judge had presided over cases that he or his son was the attorney of record; 2) failing to supervise staff in the processing of criminal cases, which led to delays and the involuntary dismissal of sixteen criminal cases; and 3) issuing an ex parte change of custody order without giving the opposing party notice or an opportunity to respond.91 As the Court detailed in its per curiam opinion, the judge’s failures “began the day he assumed office, damaged the administration of justice and public trust in the judiciary,” and “caused individual harm to dozens of alleged victims, witnesses, and criminal ————————————————————————————— 86.Id. SURVEY OF INDIANA LAW OF PROFESSIONAL RESPONSIBILITY (2023–2024) ADRIENNE L. MEIRING* SHILOH PERRY** BAILEY STAJURA*** INTRODUCTION From July 1, 2023, through July 1, 2024, the Indiana Supreme Court handed down five per curiam decisions imposing sanctions for violations of professional responsibility or judicial conduct rules.1 The three attorney discipline decisions detail one lawyer’s ethical transgressions involving widespread neglect, abandonment, and malfeasance of vulnerable clients;2 another lawyer’s misconduct in improperly questioning a represented witness without notifying the witness’s counsel;3 and a government lawyer’s ethical violations in making a disparaging, public pretrial statement about a professional under investigation by the lawyer.4 In the two judicial discipline decisions, the Court discussed the factors warranting serious discipline and illuminated the ethical peril that arises when incoming judges fail to appreciate the obligations assumed with the new judicial role.5 During the survey period, the Indiana Commission on Judicial Qualifications also resolved another matter with a Public Commission Admonitions in lieu of filing formal charges against a former judicial officer who acted outside the expectations of the judicial role.6 ————————————————————————————— * Executive Director, Indiana Office of Judicial and Attorney Regulation. Keywords: client; conduct; court; indiana; judge; judicial; law; n.e.3d; respondent; rule
• Recent Developments in Indiana Tax Case Law: Survey 2024 by W. Swain, Andrew (2025) - [Vol. 58:923 958 affiliate, Indiana Finance, purchased these contracts without recourse355 for 65% or 70% of the original amount financed.356 That is, it purchased the installment contracts at a 35% or 30% discount on their face values.357 After several customers defaulted on their contracts, Indiana Finance repossessed and sold the vehicles at auction or directly back to Oak Motors.358 Indiana Finance determined the fair market value of repossessed vehicles sold at auction using the auction proceeds, and used the Manheim Market Report (“MMR”)359 to establish the fair market value of vehicles sold to Oak Motors.360 Indiana Finance also collected third-party insurance and warranty claim payments for some repossessed vehicles.361 Pursuant to Internal Revenue Code (“IRC”) section 166’s bad-debt deduction rules, and for federal and Indiana income tax purposes, Indiana Finance claimed bad-debt deductions on these defaulted contracts for the 2017 and 2018 tax years.362 It also sought a refund for the sales taxes Oak Motors had remitted to the Department, which became uncollectable receivables following the customer defaults.363 Indiana Finance asserted that its bad-debt calculations comported with Indiana Tax Court precedent.364 Indiana Finance applied the Market Discount Rules under IRC sections 1276 through 1278 “to the value of repossessed vehicles, insurance claim payments, and warranty claim payments. L. REV. 979, 1010 (June 2024) (discussing the appointment of the new Indiana Tax Court judge, Justin L. McAdam). Keywords: assessor; code; county; deduction; department; finance; homestead; ibtr; income; indiana; indiana tax; law; n.e.3d; pm5/13/25; property; property tax; review; section; state; statute; t.c; tax court; taxpayer; value
• 1990 Federal Practice and Procedure Update for the Seventh-Circuit Practitioner by Maley, John R. (1991) - The line of district court decisions holding that a nonparty 163. Explanation produces intellectual disipline; a judge who sets down in writing (or articulates in court) the reasons pro and con, and his method of reaching a decision, must work through the factors before deciding, and we then may be sure that the conclusion is based on appropriate considerations even if not necessarily one we would have reached ourselves.^^ These cases show that the Seventh Circuit will not blindly accept district court decisions under the rubric of appellate-court deference. Keywords: action; case; cir; circuit; claims; co.; court; defendant; dismissal; district; district court; diversity; f.2d; federal; judge; judgment; jurisdiction; law; northern; party; plaintiff; rule; state; trial
• Survey of Recent Developments in Indiana Criminal Law and Procedure by Berner, Bruce G.; Vandercoy, David E. (1991) - Defendants who think their actions are criminal when they are not (who might, in common parlance, be said to be making a legal mistake) simply have no criminal mens rea and thus need no defense. 15. Whereas the common-law approach focused on preventing social harm (and, thus, was not troubled by defendants trying to kill dead people because no harm was possible), the Model Penal Code's inchoate crime provisions are aimed at identifying manifestly dangerous persons. Keywords: case; court; criminal; defendant; evidence; indiana; law; n.e.2d; new; police; rule; s. ct; state; supreme court; trial; trial court; u.s; united; witness
• The Evolution of Indiana Environmental Law: A View Toward the Future by Blomquist, Robert F. (1991) - [Vol. 24:789 long-range demographic projections for the district;^^ descriptions of the origin, content, and weight or volume of the solid waste to be generated in the district at the time the district plan is developed, and projections of the origin, content, and weight or volume of the solid waste expected to be generated in the district in the next five years, ten years, and twenty years ;^^ and a solid waste facility's inventory and needs pro- jection.^^ The Act also mandates certain procedural requirements to be followed in district solid waste management plans.^^ — a. Types of solid waste management districts The Act*^ places the burden on each of Indiana's ninety-two counties,'*^ on or before July 1, 1991, to either (a) [j]oin with one ... or more other counties in estabUshing a joint solid waste management district 37. Keywords: act; action; board; code; control; county; court; disposal; district; district court; environmental; epa; facility; idem; indiana; indiana law; landfill; law; management district; new; plan; pollution; public; rcra; recycling; review; section; solid; state; supp; u.s.c; waste; waste management; water
• Recent Developments in Indiana State and Federal Evidence Law by White Quigley, Ellen; Hunter Wedding, Mary Jo (1991) - B. Expert Testimony During the survey period, expert testimony also received attention by Indiana courts. '^* Recognizing that defendants should be encouraged to make repairs rather than deterred by the fear that taking remedial measures will be construed as an admission of guilt, Indiana courts have held that evidence of remedial measures must be excluded. Keywords: app; court; defendant; evidence; expert; ind; indiana; law; n.e.2d; note; patient; physician; privilege; rule; supra; testimony; trial
• Health Care Law: A Survey of Recent Developments by Denega, Doreen; Render, John C. (1991) - App. 1982)) (court distinguished two slip and fall cases finding that if a complaint sounds in ordinary negligence it does not fall within the purview of the Act). The court noted that court in Ogle v. St. John's 920 INDIANA LAW REVIEW Keywords: act; care; code; court; health; hospital; indiana; law; medical; patient; physician
• Survey of Recent Developments in Insurance Law by Trimble, John C. (1991) - This case illustrates that an insured can lose precious rights under an insurance policy by not complying with policy time limitations. V. Insurance Agent Liability In Medtech Corp. v. Indiana Insurance Co.y^ the Indiana Court of Appeals decided a unique issue of insurance agent liability. Keywords: court; indiana; insurance; insured; law; n.e.2d; policy
• Survey of Recent Developments in Indiana Employment Law by Martin, Mitzi H.; Nierman, Todd M. (1991) - Although this survey period (June 1989 to October 1990) did not provide Indiana employers and employment law practitioners with any single landmark issue, Indiana courts, the Unemployment In- surance Review Board of the Indiana Department of Employment and Training Services, and the state and federal legislatures continued the evolutionary process through several noteworthy decisions and pieces of legislation. This case is significant to Indiana employers for two reasons. Keywords: board; case; city; code; compensation; court; discharge; drug; employee; employment; indiana; law; n.e.2d; review
• Recent Developments in Worker's Compensation by Vance, Ruth C. (1991) - (Speaker Langham's presentation concerned worker rehabilitation in Michigan. Although other states have created more exceptions to the employment-at-will doctrine,^^ Indiana courts have narrowly construed the public policy exception created in Frampton v. Central Indiana Gas Co^^ During the last year, the Indiana Court of Appeals has continued to narrowly interpret the public policy exception to the employment- at-will doctrine enunciated in Frampton .^^ Keywords: act; benefits; bill; board; code; compensation; compensation act; compensation board; court; disability; employer; employment; house; indiana; injury; law; n.e.2d; rehabilitation; section; state; workers
• Recent Developments in Professional Responsibility by Brundage, Cory (1991) - That case is potentially significant to attorneys practicing in Indiana because the current court of appeals's decision threatens to lengthen the statute of limitations for attorney malpractice or, at least, substantially confuse the issue. * Under present la^, attorneys must keep such funds separate from their own and make them available to the client on demand.^ Historically, client's funds were held in non- interest bearing accounts because federal law forbade the payment of interest on accounts that were available on demand.^ Congress lifted these constraints for individuals, certain charitable non-profit organi- zations, and certain public entities in 1980.^ * Partner, Ice Miller Donadio & Ryan. Keywords: attorney; case; client; conduct; court; indiana; interest; law; lawyer; n.e.2d; relationship; rules; supreme court
• Recent Developments in Property Law by Krieger, Walter W. (1991) - In boundary line disputes, however, Indiana courts have held that the statutory requirement that the claimant pay taxes is inapplicable because both parties believe they are paying taxes on the disputed portion. Indiana courts have often remarked that record title is the highest form of ownership, whereas mere possession is the lowest evidence of ownership. Keywords: app; builder; casa; court; deed; estate; habitability; house; ind; indiana; land; law; n.e.2d; owner; possession; property; sale; title; trial court; vendor; warranty
• Developments in Social Security Law by Ruppert, Michael G.; Weinland, Thomas M. (1991) - Social Security disability benefits are unrelated to need and are designed to provide the wage earner and the dependent members of the family with protection against the hardship occasioned by the wage earner's loss of earnings. Instead, Social Security disability benefits are based on the disabled person's past earnings. Keywords: benefits; claimant; court; disability; f.2d; impairment; law; secretary; security; zebley
• Statutory Interpretation in State Courts—A Study of Indiana Opinions by Popkin, William D. (1991) - It can focus narrowly on the plain meaning of a word or two, on the statute as a whole, on the entire body of statute law, or on changes in statutory language over time. Other statutes The frequency with which Indiana courts consider the entire body of statute law to help interpret a particular statute was an unexpected finding, based on prior familiarity with federal cases. Keywords: act; app; cases; court; ind; indiana; indiana law; intent; interpretation; language; law; legislature; meaning; medical; n.e.2d; presumption; process; review; state; statute; statutory; tax; text
• Strict Liability for Products: An Achievable Goal by Vargo, John (1991) - The Koske court held that with the 1978 Products Liability Act the legislature entered, occupied, and preempted the field of product strict liability in tort. If strict products liability is compared to this new negligence system, the differences between the two theories are not so drastic. Keywords: 402a; art; consumer; court; danger; defect; design; harper; indiana; indiana law; james; law; liability; manufacturer; n.e.2d; negligence; plaintiff; products liability; risk; rule; section; state; supra note; test
• Recent Developments in Tort Law by Yonover, Geri J. (1991) - ; Del. Code Ann. tit. 11, §§ 1501-11 (1987); Fla. Stat. 1990); id. §§ 35-45-6-1 to -2 (West Supp. 1990); La. Rev. Stat. Keywords: act; ann; app; child; civil; claim; code; consortium; court; damages; defendant; ind; indiana; law; life; loss; n.e.2d; rico; stat; supp; tort; west; wrongful
• Indiana's Medical Malpractice Act: Results of a Three-Year Study by Kinney, Eleanor D.; Gronfein, William P.; Gannon, Thomas P. (1991) - 1991] MEDICAL MALPRACTICE ACT 1287 Between 1975 and 1988, the mean claim severity in current dollars for paid Indiana claims was $130,855 ($89,350 for all claims). In many Indiana claims, use of periodic payments has resulted in creatively structured settlements that enabled the claimant to receive compensation worth more than the $500,000 cap. Keywords: claimants; claims; court; data; health; indiana; insurance; law; malpractice; malpractice claims; medical; n.e.2d; note; panel; pcf; physicians; review; study; supra; system
• Front Matter by Law Review, Indiana (1991) - Sandra L. Gosling William Hammel Jeffrey G. Jackson Jan K. Keefer Elizabeth H. Knotts Michael B. McNeil Janet Marin Derek J. Meyer James R. Meyer, Jr. David D. Robinson Curtis E. Shirley James R. Taylor Stephen P. Ullrich Catherine R. Urban Gail M. Valentine Mark A. Voigtmann John W. Woodard, Jr. Editorial Assistant Amy Morrison Grubbs Faculty Advisor Debra A. Falender Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Gerald L. Bepko, Vice-President, Indiana University; Chancellor, Indiana University-Purdue University at Indianapolis and Professor of Law. Keywords: a.b; assistant; b.s; college; indiana university; indianapolis; issues; j.d; law; professor; review; university
• Introduction by Rosso Grossman, Margaret (1991) - The 1990 Educational Conference, held in Minneapolis, Minnesota, focused on a number of current agricultural law issues, including business and estate planning, agricultural finance, land use, the environment, ethics, and international agricultural law developments. He identifies and discusses the types of economic and financial issues that will affect the profitability and liquidity of alternative agricultural land use. Keywords: agricultural; article; issues; land; law; use
• Should the Unique Treatment of Agricultural Liens Continue? by Meyer, Keith G. (1991) - It was thought to be both inappropriate and unnecessary for this Article to attempt a general codification of that lien structure which is in considerable part determined by local conditions and which is removed from ordinary commercial financing.^^ Even though recognizing that state lien law was not uniform and that there was a need for a uniform law on liens for services and materials, the drafters of the UCC refused to develop a uniform lien scheme or to incorporate one into Article 9's coverage, with the exception of pos- sessory liens covered under section 9-310.^ Currently, nonArticle 9 liens play a significant role in agriculture financing. ^'^ The Committee surveyed state lien laws to determine: 1) the type of lien, 2) the source of the lien, 3) the party protected, 4) the property to which the lien attaches, 5) whether the lien is possessory, 6) whether it must be filed, 7) when and how it attached, and 8) whether any priority provision exists. Keywords: article; bankruptcy; creditor; crops; debtor; farm; farm products; goods; landlord; law; lien; possession; priority; production; products; property; section; security interest; state; statutory; trustee; u.c.c
• Estate Planning for the Elderly and Disabled: Organizing the Estate to Qualify for Federal Medical Extended Care Assistance by McEowen, Roger A.; Harl, Neil E. (1991) - Specifically, the statute in question provided that in calculating benefits, state Medicaid plans must **not take into account the financial respon- sibility of any individual for any applicant or recipient of assistance under the plan unless such applicant or recipient is such individual's spouse or such individual's child who is under age 21 or [in certain circumstances], is blind or permanently and totally disabled . . . * *^ The Amendment also expressly allows state Medicaid plans to apply similar rules to Medicaid recipients, including both the categorically needy and the medically needy. Keywords: agency; applicant; assets; assistance; beneficiary; benefits; care; court; eligibility; home; income; law; medicaid; medicaid benefits; medicaid eligibility; medical; n.y.s.2d; spouse; state; transfer; trust; value
• Analysis of the Farmer's Comprehensive Liability Policy by Copeland, John D. (1991) - '^ Intentional acts, such as assaults, are outside policy coverage even if the policy has no specific exclusion as to such an event. For example, if the insured's son negligently drives a tractor and injures a third party, there is typically insurance coverage for the accident. Keywords: accident; co.; court; coverage; damage; employee; exclusion; farm; farmer; farming; fclp; injury; insurance; insured; law; liability; policy; pollution; premises; property; use
• Swampbuster: A Report from the Front by Turrini, Anthony N. (1991) - In effect, the district court ruled that environmental organizations and other concerned citizens could never obtain judicial review of improper swampbuster exemptions. A wetland conservation analysis team made up of experts from the ASCS, SCS, FmHA, FWS, and the Environmental Protection Agency specifically found that ASCS county committees are reluctant to withhold farm program benefits.^^ Keywords: agricultural; ascs; conservation; county; drainage; exemption; farm; farmers; law; national; nwf; review; state; swampbuster; wetlands; wildlife
• Protecting Agricultural Resources in Europe: A Report from the Netherlands by Brussaard, Wim (1991) - Although the Netherlands is, after the USA and France, third in exports of agricultural products,' the area of agricultural land is limited: 2 million hectares (half of the total Dutch area) are cultivated land.2 Integration is particularly rel- evant for agricultural land with special landscape or natural values, that is some 500,000 to 700,000 hectares (1/4 to 1/3 of all cultivated land in the Netherlands). Keywords: agricultural; animal; areas; art; development; dutch; land; law; management; manure; phosphate; planning; use
• Legal Concerns Triggered by Alternative Land Use—Subtle Issues and Potential Traps by Boyer Blakeslee, Cynthia (1991) - '^ Conversely, in Appeal of Jaffe,^'^ although the R-2 zoning designation permitted agricultural land use, the court held that the construction of buildings designed for commercial boarding of horses was not an agricultural use within the terms of the ordinance. Counsel must be alert to the domino effect that a change in land use, from agriculture to some other enterprise, can initiate. Keywords: a.2d; act; alternative; concerns; court; environmental; farm; land; land use; landowner; law; property; rights; state; supp; u.s.c; use; water; zoning
• Landowner or Occupier Liability for Personal Injuries and Recreational Use Statutes: How Effective is the Protection? by Becker, John C. (1991) - '^ Purpose The purpose of this Article is to examine how legal systems through- out the United States have applied the concepts and issues raised by adoption of recreational use statutes. This Article will then examine and evaluate significant suggestions for amending or mod- ifying recreational use statutes. II. Keywords: act; court; injury; land; landowner; law; liability; model; model act; property; protection; public; recreational; statute; use; use statute
• Recreational Access to Agricultural Land: Insurance Issues by Noble, Martha L. (1991) - This section examines landholder liability under premises liability doc- trines and under other tort rules that are particularly relevant to land- holders who provide recreational access and services. Under this standard, the status of the entrant is only one of many factors for a court to consider in determining the extent of landholder liability for injuries on the premises. Keywords: access; app; business; care; court; coverage; farm; injuries; insurance; insured; landholder; law; liability; policies; policy; premises; statute; use
• Recreational Access to Agricultural Land: The European Experience by Wulff, Helge (1991) - The Law on Public Access to Privately Owned Farmland In all four countries, the basis of land law is private ownership, but property rights are more or less restricted in order to secure public access to the countryside. [Vol. 24:1641 In Denmark, local nature conservation boards have the power to create public rights of way over private land and even to acquire land against the will of the landowner for recreational purposes. Keywords: access; act; countryside; england; farmer; land; landowner; law; public; right; roads; use
• Back Matter by Law Review, Indiana (1991) - Public Employees Retirement System v. Belts 161 Workman, Jill E., Exclusion from Medicare: Building a Case for Physicians 197 1991] INDEX IX TABLE OF CASES B A.H. Karpe v. Great American Indemnity Co. 1484 Abound Corp. v. United States 1504 Adams v. Budgetel Inns, Inc. 612 Adams v. Schneider 528 Adult Group Properties, Ltd. v. Imler 1179 Aetna Casualty & Security Co. v. Brethren Mutual Insurance Co. 1465 Affiliated Ute Citizens v. United States 373-74 Agrarian Grain Co. v. Meeker 576, 578 Alabama v. White 730 Alberts v. Mack Trucks, Inc. 612 Alexander v. Todman 636 Allied Resin Corp. v. Waltz 604-05 Allstate Insurance Co. v. Herman 940-41 Amalgamated Sugar Co. v. United States 1502 American Trucking Associations, Inc. V. State 1145-47 American United Life Insurance Co. V. Indiana State Board of Tax Commissioners 1148-49 Anderson v. Humble Oil & Refining Co. 1550 Anson v. Kitchin 1396 Appeal of Jaffe 1548-49 Appeal of Lowney 1549 Apple Computer, Inc. v. Franklin Computer Corp. 139 Applegate v. Commissioner 1432 Arizona v. Roberson 757 Armstrong v. Edelson 642-44 Armstrong v. Palmer 1383 Arrow Uniform Rental, Inc. V. Suter 979 Asbury Hospital v. Cass County, North Dakota 1659, 1663, 1669 Associated Milk Producers, Inc. (AMPI) V. Parr 311 Austin V. State 509 Austin-St. Paul Mutual Insurance Co. V. Belshan 1461 Baggett V. State 878-79 Bain v. Board of Trustees of Starke Memorial Hospital 924 Baker v. Lyng 1501 Baker v. Selden 463, 468-71, 475-76, 487, 491 Baker v. United States 1497 Bankert v. Threshermen's Mutual Insurance Co. 1470 Barnes v. A.H. Robins Co. 602, 604 Barnes v. Barnes 909 Barnes v. Mac Brown and Company 1107 Barnett v. Stern 563, 566 Barnhart v. Zoning Hearing Board 1548-49 Barth Electric Co. v. Traylor Bros. 592-94 Barton-Malow Co. v. Wilburn 608, 1247-48 Basic Inc. v. Levinson 376 Bastian v. Petren Resources Corp. 364, 393 Batson v. Kentucky 747 Beaver v. Vandall 1070 Belisle v. Plunkett 551, 553 Belkow V. Celotex Corp. 658-59 Beltrami County v. Goodman 1426 Bemis Co. v. Rubush 1186, 1199- 1200, 1209-10 Benda v. Benda 911 Bennett v. NSR, Inc 1036-39 Bennett v. United States 391-92 Blakley Corp. v. Klain 1272-73 Blockburger v. United States 739 Blood V. Poindexter 1133 Bloss V. Rural Mutual Casualty Insurance Co. 1464 Board of Education v. Mergens 114- 15, 117, 123, 125, 130-33 Bob Jones University v. United States 27 Boger V. Lake County Commissioners 605-06 Boileau v. DeCecco 1601 Booth V. Maryland 758-59 Bounds V. Smith 446 Bowen v. Massachusetts 1494-96, 1498-1500 INDIANA LAW REVIEW V. Orville Andrews & Sons 1485 Van Buskirk v. Wayne Township 1188 Van Keppel v. County of Jasper 534-35, 538 Vance v. Bradley 1661-62 Vandiver, M.D. v. Marion County 931 Vanek v. Indiana National Bank 584 Vantine v. Elkhart Brass Mfg. Co. 954 Varandani v. Bowen 215-16 Varhol v. National Railroad Passenger Corp. 670 Vetor V. Shockey 1103 Vibromatic Co. v. Expert Automation Systems Corp. 623 Villanova v. American Federation of Musicians 1600 W 381 1106 903 Waddell v. White Wagner Construction Co. v. Noonan Walker v. Chatfield Wallis V. Marshall County Commissioners 605-06 Ward V. State 749-50 Washington Department of Social and Health Services V. Bowen 1392 Waste Management of Carolinas, Inc. V. Peerless Insurance Co. 1477-78 Watkins v. United States 58 Webb V. Jarvis 1284 Keywords: bank; board; city; co.; corp; county; court; department; developments; federal; hospital; illinois; inc; index; indiana; indiana department; indiana law; indiana state; insurance; insurance co.; john; law; mutual; national; new; public; review; services; smith; state; survey; tax; united; united states; v. united
• Front Matter by Law Review, Indiana (1991) - INDIANA LAW REVIEW INDIANA UNIVERSITY SCHOOL OF LAW -INDIANAPOLIS 735 West New York Street Indianapolis, Indiana 46202 Subscription Rates (one year): Regular, $25; Foreign, $28; Student, $17 (4 issues) Single Issue, $8; Survey Issue $17.00 Indiana Law Review Volume 25 1991-92 Editor-in-Chief Rolanda Moore Haycox Executive Managing Editor John A. Payton Executive Editor Executive Editor Articles Notes and Topics Jan S. Blaising Rebecca J. Seamands Articles Editors Note Development Editors Scott R. Alexander Janet M. Charles Frank C. Capozza Rhonda L. Fuller Linda J. Cooley Katherine M. Gilson Mary T. Doherty James P. Leeds Joe Liebeschuetz Jerry L. Siefers, Jr. Jodie L. Miner Courtney N. Stillman Associate Editors Joseph R. Hillebrand Heather K. Olinger Kathryn A. Hillebrands Stephaine L. Paine Julia Bunton Jackson Katherine Coble Pierce Lawrence R. Kemm Charles S. Roach Thomas E. Mixdorf Vickie R. Shaw Laurie S. Morone Sally A. Voland Rebekah N. Murphy Barbara J. Weigel Kathryn W. Williams Editorial Assistant Amy Morrison Grubbs Faculty Advisor Debra A. Falender B&Z66/0 Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Gerald L. Bepko, Vice-President, Indiana University; Chancellor, Indiana University- Purdue University at Indianapolis and Professor of Law. Keywords: a.b; assistant; b.s; college; indiana; indiana university; indianapolis; j.d; law; professor; review; university
• Transfers Prior to Marriage and the Uniform Probate Code's Redesigned Elective Share—Why the Partnership is Not Yet Complete by Seplowitz, Rene C. (1991) - 127 Such arrangements include [a]ny transfer or acquisition of property, regardless of the form or type of property rights involved, made by the decedent during marriage or in anticipation of marriage for the primary purpose of defeating the rights of the surviving spouse. Stated otherwise, property interests available to the partnership, as op- posed to being generated during the partnership, should continue their characteristic as partnership property at death. Keywords: death; decedent; doctrine; elective; estate; fraud; husband; law; life; marital; marriage; note; power; prior; property; right; share; spouse; supp; surviving spouse; transfers; upc; wife
• Police Power Absolutism and Nullifying the Free Exercise Clause: A Critique of Oregon v. Smith by Delaney, John (1991) - The liberty interest at stake is more fundamental and thus, the array of individual exemptions that may be raised as defenses is infused with a different significance than the array of good cause[s] that may be raised in the unemployment compensation area.94 The Smith Court reaffirmed the Sherbert compelling interest balancing test to protect free exercise interests in the unemployment compensation realm when a significant monetary benefit is at stake, although it re- pudiated the applicability of this compelling interest test, or any real test at all, in the criminal law realm when liberty is at stake. The Court's reasoning is a classic non sequitur, unless it posits the decision of state legislators as the only conceivable cause for the original consequent (i.e., the application of the compelling interest test to cases of religious hardship to protect free exercise interests and values). Keywords: amendment; analysis; application; balancing; cases; claim; court; criminal; exercise; exercise claim; exercise interest; expression; interest; interest test; justice; law; police; police power; power; power interest; religion; review; rights; sherbert; smith; smith court; state; statute; test; u.s; unemployment; v. smith
• Winning Isn't Everything, It's the Only Thing. Violence in Professional Sports: The Need for Federal Regulation and Criminal Sanctions by Karon, Daniel R. (1991) - Part IV describes the federal government's unsuccessful attempts at regulating sports violence through legislation. Finally, Part V proposes a federal statute that will adequately remedy the serious problem of sports violence. Keywords: act; contact; game; law; note; player; sports; sports violence; supra note; violence
• Narrative and the Legal Neighborhood by Gannon, Thomas Patrick; Ziemer, Jay A. (1991) - Using a group of influential, sometimes provocative, law-related articles published within the last half decade, Professor Papke has compiled an accessible and up-to-date anthology exploring the connections between law and narrative in four broad areas: legal education, litigation, legal doctrine (namely, the appellate opinion), and alternative legal narratives. These readings address the strategies and difficulties of constructing alternative legal narratives. Keywords: discourse; indiana; law; narrative; papke; professor; review; storytelling; university
• Front Matter by Law Review, Indiana (1991) - Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. All articles Copyright 1991 by The Trustees of Indiana University, except where otherwise indicated. Keywords: a.b; assistant; b.s; college; indiana; indiana university; indianapolis; j.d; law; professor; university
• Supplanting Government Regulation with Competitor Lawsuits: The Case of Controlling False Advertising by Petty, Ross D. (1991) - *^ FTC advertising cases follow a three step process. This compares favorably to sonie FTC advertising cases that have taken over a decade to resolve, •^^ On the other hand, the typical Lanham Act injunction prohibits only specific claims, leaving the advertiser free to make slightly modified claims. Keywords: act; act cases; advertising; advertising cases; cases; cir; claims; co.; commission; comparative; consumers; corp; court; f. supp; f.2d; f.t.c; ftc; ftc cases; inc; injury; lanham; lanham act; law; note; percent; plaintiff; policy; product; regulation; statement; supp; supra
• Taking Harms Seriously: Involuntary Mental Patients and the Right to Refuse Treatment by Brakel, Samuel Jan; Davis, John M. (1991) - The 50<7o risk found by the Indiana and Illinois courts for mental patients, undifferentiated by the length of drug treatment, would in fact apply only to patients who are well into their second decade of continuous medication. Their opinion reflects an overestimation of the dangers and discomforts of drug treatment mixed with legitimate points about the lack of independence of the institution's review mechanism and the unhealthy muddling of therapeutic and security rationales in the forced medication of inmate Hzuper. 20. Keywords: cases; clinical; commitment; court; davis; decision; drug treatment; drugs; effects; health; hospital; law; medical; medication; mental; note; patients; psychiatry; psychotherapy; refuse; review; right; risk; schizophrenia; state; studies; study; supra; time; treatment
• Are the Accountants Accountable? Auditor Liability in the Savings and Loan Crisis by Blaising, Jan S. (1991) - Breach of Duty.—As for the breach of duty element, the FDIC would be required to demonstrate that S&L accountants failed to use reasonable professional care in their audits of the S&Ls. However, it would appear that in some circumstances, S&L accountants sacrificed tra- ditional values of the accounting profession — conservatism, skepti- cism, objectivity, and independence — and either **looked the other way in order to retain S&L auditing business, or deliberately par- ticipated in and benefited from the pillaging of S&Ls. Keywords: accountants; accounting; audits; co.; complaint; crisis; defense; ernst; fdic; fdic v.; federal; firms; fslic; institutions; law; liability; loan; losses; management; negligence; public; report; s&l; s&l audits; s&ls; savings; suits; supra note; young
• Certification of Specialization: Another Limit on Attorney Advertising is Peeled Away by Payton, John A. (1991) - One criticism of these plans is that communication of certification is limited to state certification. Second, state certification using the ABA model plan is ver- ifiable by the consumer; therefore, advertising by state certified specialists will not be misleading. Keywords: advertising; attorney; board; certification; court; law; lawyer; plan; practice; programs; recognition; specialist; specialization; specialty; state
• Front Matter by Law Review, Indiana (1992) - Indiana Law Review APR 1 5 1992 Volume 25 No. 3 1992 it-^i.^-^ ARTICLES Planning for Serfdom—An Introduction to a New Tiieory of Law and Economics Robin Paul Malloy If Ye Are Privy To Tliy Country's Fate, Oh Speak: An Answer From Robin Paul Malloy's Planning For Serfdom and Classical Liberalism In The Tradition of the Scottish Enlightenment William F. Harvey The Meaning of the City: Urban Redevelopment and the Loss of Community Denis J. Brian Urban Development and Human Development Paul H. Brietzke Resisting Serfdom: Making the Market Work in a Great Republic Christian C. Day Planning for Serfdom—An Epilogue on Law, Economics, and Values Robin Paul Malloy NOTES Aiding and Abetting Securities Fraud A Proposal for State Regulation of Physicians' Office Procedures: Expanding the Reach of the Clinical Laboratory Improvement Amendments Parental Kidnapping and the Tort of Custodial Interference: Not in a Child's Best Interests Interlocutory Appeal of Attorney Sanctions: Gerald L. Bepko, Vice-President, Indiana University; Chancellor, Indiana University- Purdue University at Indianapolis and Professor of Law. Keywords: a.b; assistant; b.s; college; indiana law; indiana university; indianapolis; j.d; law; new; professor; review; university
• Planning for Serfdom—An Introduction to a New Theory of Law and Economics by Malloy, Robin Paul (1992) - Ideologically, the new environment for urban development moved many development choices into the public forum and shifted power away from the validating discourse of the private marketplace, only to have private market power replaced by public political power. I believe that by studying the legal arrangements employed for urban development and revitalization, we can learn a great deal about ourselves and about the ideological direction in which we are headed. Keywords: city; development; indianapolis; law; malloy; new; power; robin
• If Ye Are Privy To Thy Country's Fate, Oh Speak: An Answer From Robin Paul Malloy' s Planning For Serfdom and Classical Liberalism In The Tradition of the Scottish Enlightenment by Harvey, William F. (1992) - John R. O'Neill, Hudnut Gets Job Bringing Business to Indianapolis, Indianapolis Star, Dec. 20, 1991 at Al. 1992] THY COUNTRY'S FATE 655 or good which an initial act will produce. [Vol. 25:633 3. Members of the boards of directors, and their officers, of an assortment of pubhc corporations and private founda- tions in Indianapolis and Indiana, (and in other cities, too). Keywords: board; city; committee; community; cotterill; country; development; downtown; economic; executive; indianapolis; individual; law; liberty; malloy; mayor; means; member; money; new; note; order; organizations; people; persons; power; project; public; review; serfdom; smith; sports; star; state; supra
• The Meaning of the City: Urban Redevelopment and the Loss of Community by Brion, Denis J. (1992) - The endemic problem of the egalitarian community is fissure because without grid to supply a basis for internal cohesion, the community enjoys cohesion only as long as there is a homogeneity of particular values and tastes among its members. Cultural theory presents an explanation of the social construction of individual values:'*' society is a human product, a product of the cosmologies that individuals have constructed. Keywords: area; city; community; court; economic; environment; function; government; individual; land; law; life; market; meaning; note; power; private; process; project; property; public; redevelopment; social; society; supra; supra note; urban; use; values; way
• Urban Development and Human Development by Brietzke, Paul H. (1992) - ^ Political markets may thus differ from economic markets simply because they are political, a possibility that a conservative law and economics largely ignores. *' State capitalists use political means and the expansion of the state as a way of avoiding the effort and potential failure of competition,** that is, of avoiding the good as well as the bad that economic markets bring to society. Keywords: capital; changes; chicago; chicago school; cities; city; costs; development; economics; economy; fischel; ghetto; government; harvey; housing; human; indiana; interest; justice; law; malloy; market; new; people; policy; politics; poverty; power; property; public; review; rights; school; serfdom; state; supra note; theory; urban; use; vol; wealth; world
• Resisting Serfdom: Making the Market Work in a Great Republic by Day, Christian C. (1992) - They re- lied on an expansive reading of federal economic powers. The antifederalists have appeal because they understood the threat posed by government power. Keywords: american; capital; cities; development; economic; economy; government; housing; land; law; malloy; market; new; note; policies; power; professor; serfdom; state; subsidies; supra; tax; urban; war
• Planning for Serfdom—An Epilogue on Law, Economics, and Values by Malloy, Robin Paul (1992) - [hereinafter Malloy, Law and Economics] (this basic introductory text is designed to introduce the reader to Law and Economics while presenting that subject matter in a new format); Robin P. Malloy, Toward A New Discourse of Law and Economics, 42 Syracuse L. Rev. 27 (1991) [hereinafter Malloy, Discourse]. 5. See Robin P. Malloy, Is Law and Economics Moral? — Keywords: economics; law; malloy
• A Proposal for State Regulation of Physicians' Office Procedures: Expanding the Reach of the Clinical Laboratory Improvement Amendments by Moore Haycox, Rolanda (1992) - Ann. tit. 22, §§ 301 - 303 (West 1980 & Supp. 1991); Md. Ill, §§ 25B, 25C (West 1983 & Supp. 1991); Minn. Stat. Keywords: ann; care; class; code ann; committee; equipment; health; iii; law; medical; note; office; office procedures; panel; physicians; procedures; quality; rev; section; stat; supp; u.s.c; west
• Parental Kidnapping and the Tort of Custodial Interference: Not in a Child's Best Interests by Hillebrand, Joseph R. (1992) - C. Best Interests of the Child Courts have consistently held that the governing consideration in matters of child custody is the best interests of the child.' Current Legal Responses to Parental Kidnapping A. Uniform Child Custody Jurisdiction Act The traditional jurisdictional problems in child custody matters led the National Conference of Commissioners on Uniform State Laws to from his mother and grandparents which resulted in the child being sprayed with Mace as well as a car chase. Keywords: action; child; court; criminal; custody; damages; interference; kidnapping; law; note; parent; state; supra; tort
• Front Matter by Law Review, Indiana (1992) - Editors Joseph R. Hillebrand Heather K. dinger Kathryn A. Hillebrands Stephanie L. Paine Julia Bunton Jackson Katherine Coble Pierce Lawrence R. Kemm Charles S. Roach Thomas E. Mixdorf Vickie R. Shaw Laurie S. Morone Sally A. Voland Rebekah N. Murphy Barbara J. Weigel Kathryn W. Williams Editorial Assistant Amy Morrison Grubbs Faculty Advisor Debra A. Falender Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. This year's Survey of Recent Developments in Indiana Law also includes articles written by faculty members of the Indiana University School of Law—Indianapolis, Indiana University School of Law—Bloom- ington, Valparaiso University School of Law, and the University of Notre Dame School of Law, as well as articles written by several distinguished practitioners. Keywords: a.b; assistant; college; indiana; indiana law; indiana university; indianapolis; j.d; law; professor; review; university
• Indiana Law and the Idea of Progress by Shepard, Randall T. (1992) - Indiana Law Review Indiana Law and the Idea of Progress Randall T. Shepard* The annual Survey Issue of the Indiana Law Review intends to assess the ways Indiana law has moved during the year. Consequently, Indiana courts have rather consistently upheld the habitual offender statute . . . Keywords: act; constitution; county; court; indiana; law; n.e.2d; new; practice; state; statute; supreme; supreme court; uniform
• Bankruptcy in the Seventh Circuit: 1991 by Boshkoff, Douglass G. (1992) - The court then offered a novel alternative justification for the absence of a jury trial: Even if we were to assume that the dischargeability action was legal in nature, however, Hallahan cannot claim a right to jury trial because, as a Chapter 7 debtor, he voluntarily submitted his case to bankruptcy court. . . . Some of the complexity encountered in bankruptcy litigation can be blamed on congressional unwillingness to create a simple court structure following the decision in Northern Pipeline Construction Co. v. Marathon Pipe Line Co. Keywords: bankruptcy; cir; circuit; claim; court; debtor; f.2d; indiana; law; litigation; section; state
• Indiana Adds Articles 2A and 4A of the Uniform Commercial Code by Greenberg, Harold (1992) - Compare U.C.C. §§ 2-509 to -510 with id. §§ 2A-219 to -220. 117. The Cases.—The author has found six cases which directly involved the determination whether, pursuant to then current Indiana law, a transaction couched in lease terms was really a secured transaction under old section 1-201 (37). Keywords: article; court; goods; indiana; interest; law; lease; lessee; lessor; section; security; transaction; u.c.c; value
• Developments in Indiana Banking Law by Ristine, Thomas H.; Schroder, Michael E. (1992) - As such, state-chartered savings associations are state banks within the meaning of the McFadden Act. In Department of Banking & Consumer Finance v. Clarke {Deposit Guaranty), 11 the Fifth Circuit Court of Appeals found, based on the definition of state bank contained in the McFadden Act and a Mississippi law that permitted savings asso- ciations to establish and operate branches throughout the state, 18 that the Comptroller had properly found that Deposit Guaranty could establish and operate branch offices without being subject to the state's bank branching restrictions. Keywords: bank; code; indiana; institutions; law; pub; sea; state; supp
• 1991 Federal Practice and Procedure Update for the Seventh Circuit Practitioner by Maley, John R. (1992) - Indiana Law Review 1991 Federal Practice and Procedure Update for the Seventh Circuit Practitioner John R. Maley* Introduction Indiana practitioners litigating in federal court continued to encounter significant developments in federal civil practice last year. Id. at 1301 n.3. 1992] FEDERAL CIVIL PROCEDURE 1079 for example, it appears that the husband could have kept his claim in federal court had he gone into more detail in delineating his damages and had his wife been less specific (or less conservative) about her intangible damages. Keywords: circuit; court; district; f.2d; fed; indiana; judge; judgment; jurisdiction; law; motion; parties; party; rule; supp; trial
• Recent Developments in Indiana Appellate Procedure: Reforming the Procedural Path to the Indiana Supreme Court by Patton Jr., George T. (1992) - Pittsburgh, C, C. & St. L. Ry. Co. v. Peck, 88 N.E. 627 (Ind. App. 1909) (holding that the supreme court erred in retransferring case because appellate court was divested of jurisdiction upon the original transfer to the state supreme court). In addition to petitions for writs of mandate and cursory consti- tutional arguments, lawyers attempted to use petitions for writs of certiorari to challenge appellate court decisions in the supreme court. Keywords: appeals; appellate; ind; indiana; indiana supreme; law; procedure; review; state; supreme court; transfer
• State and Federal Constitutional Law Developments Affecting Indiana Law by Berger Levinson, Rosalie (1992) - 13° Other Supreme Court decisions have 121. 161 Despite this deferential approach to substantive due process, the Indiana Supreme Court in Kellogg v. City of Gary found that however noble the mayor's purpose in suspending the handgun license application process, his conduct arbitrarily deprived Gary residents of a right guaranteed them under the Indiana Constitution. 162 Keywords: amendment; constitutional; court; government; indiana; interest; law; n.e.2d; process; public; right; school; speech; state; supreme; supreme court; u.s
• Update—Criminal Law & Procedure by Vandercoy, David E.; Berner, Bruce G. (1992) - The Powers decision was acknowledged by the Indiana Supreme Court in Holifield v. State, 572 N.E.2d 490 (Ind. 1991). Arrest, Search, & Seizure The most important Fourth Amendment decisions of the past term dealt with the parameters of the seizure of a person, a topic the United States Supreme Court had not addressed directly for several years. Keywords: case; counsel; court; criminal; defendant; evidence; indiana; law; police; rule; state; u.s
• Clean Air Act Amendments Leave Small Business Up In the Air by Racher, Peter M. (1992) - The court held that the requirement of Indiana Code § 13-7-22-2.7(c)(1), that trash haulers identify the county or state where trash loads originated, advanced no plausible legitimate interest at all, or did so only slightly, and did not justify its excessive burden on interstate commerce. IDEM's complaint was brought pursuant to Indiana Code § 13-7-5-7, which empowers the IDEM commissioner to proceed in court to procure compliance with Indiana's environmental statutes and rules, and § 13-7-12-2, which empowers the commissioner to seek injunctions against any pollution source which presents an imminent and substantial endangerment to the health or livelihood of persons. Keywords: act; air; clean; code; court; emissions; environmental; epa; idem; indiana; law; new; permit; review; rules; solid; source; standard; state; supp; waste; year
• Developments in the Law of Evidence by Karlson, Henry C.; Mulligan, Kathleen M.; Goodman, Sophia C. (1992) - Indiana courts have referred to federal practice occasionally when resolving Indiana evidentiary issues. 71 C. Cross-Examination and Impeachment During 1991, Indiana courts dealt with a number of interesting issues pertaining to the examination of witnesses on the stand and permissible uses of testimony given outside the courtroom. Keywords: court; defendant; evidence; ind; indiana; law; n.e.2d; rule; state; supreme court; testimony; trial; trial court; witness
• Indiana Lawmakers Face National Health Policy Issues by Kumar, Vaneeta M.; Kinney, Eleanor D. (1992) - However, Indiana courts have long recognized that a case may be decided on its merits under an exception to the general mootness rule when the case involves questions of great public interest. Thus, it is not surprising that Indiana courts have adjudicated cases involving cost containment issues in these programs. Keywords: act; care; code; court; health; ind; indiana; law; medical; n.e.2d; state; trial
• Labor and Employment Law by Fick, Barbara J. (1992) - The statute authorizes courts to award actual damages, court costs, and attorney's fees to prevailing employees and to enjoin further violations of the statute. Employment-at- Will In Bochnowski v. Peoples Federal Savings & Loan Association, the Indiana Supreme Court recognized, for the first time, the validity of a claim for tortious interference with an employment relationship when that relationship is based on a contract terminable at will.29 Prior to Bochnowski, Indiana courts refused to recognize such a cause of action. Keywords: app; court; employer; employment; ind; indiana; law; n.e.2d; statute
• Indiana Power of Attorney Act by Kolb, Jeffrey (1992) - 80 Unlike the Trust Code, which gives all trusts certain powers unless excluded by the document, the Indiana Power of Attorney Act powers must be specifically incorporated into the document. For example, the recording statute created a trap by requiring that the power of attorney be recorded before the attorney-in-fact executed the document to be recorded.7 The Indiana Power of Attorney Act was designed to accomplish several goals: to unify all of the Indiana statutory procedures regarding powers of attorney, to provide rules to govern the procedure of multiple and successor attorneys-in-fact, to provide rules with regard to liabilities of individuals involving the attorney-in-fact, to provide detailed and specific powers which could be incorporated by reference, and finally, to address the issue of health care powers. Keywords: attorney; attorney act; care; fact; health; health care; indiana; indiana power; law; power; principal
• Recent Developments in Property Law by Krieger, Walter W. (1992) - The court also rejected Chandley's argument that the ordinances force landlords to pay a trespasser's utilities, finding that a landlord has other options for removal of a trespasser including the pursuit of court action. [Vol. 25:1375 These broad general statements of contract construction do not accurately describe the duties and responsibilities of courts in interpreting contracts, or they should at least be applied in very limited and specific instances where such a question of con- struction is apparent, particularly when one uses such expressions as good faith cooperation, recalcitrant party and wrong- doing. Keywords: app; court; easement; ind; indiana; judgment; land; law; n.e.2d; possession; property; right; tenant; use
• Tort Law: The Languages of Duty by Tidmarsh, Jay (1992) - Time and again during the past year, Indiana courts were required to decide whether a particular set of facts gave rise to a duty of care by the defendant or an obligation of avoidance by the plaintiff. By examining three series of cases decided by the Indiana Supreme Court, this section develops the four ways in which Indiana courts have analyzed the question of duty. Keywords: app; care; case; claim; control; court; defendant; distress; duty; harm; holding; ind; indiana; law; liability; model; n.e.2d; negligence; patient; plaintiff; policy; public; relationship; rule; tort; webb
• Front Matter by Law Review, Indiana (1992) - Adel James Chareq Elizabeth Sherman Cox Anita Hodgson Christopher J. Dull Tom Scifres Brent E. Kidwell Michael Ray Smith Mitchel A. Mick Elizabeth A. Roberge Gary R. Welsh Associate Editors John H. Allie Victoria Gorczyca Adam Arceneaux Craig Lawson Shanda Beach Don McGuire Chris Belch Catherine M. Morrison Jeff Decker Dan L. O'Korn Charles P. Edwards Ann L. Theobald Karen L. Fisher Gregg M. Wallander Samantha Williams Editorial Assistant Amy Morrison Grubbs Faculty Advisor Debra A. Falender Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Indiana Law Review Volume 26 1992 Number 1 Copyright © 1992 by the Trustees of Indiana University TABLE OF CONTENTS Articles The Ethics Opinions of the Bar: A Valuable Contribution or an Exercise in Futility? Keywords: a.b; assistant; college; indiana; indiana university; indianapolis; j.d; law; professor; university
• The Ethics Opinions of the Bar: A Valuable Contribution or an Exercise in Futility? by Carro, Jorge L. (1992) - 156 e. State court cases As has been the case with federal courts, the state courts at different levels have frequently cited ABA ethics opinions, recognizing their important role, when dealing with questions of ethics. 171 State court cases involving attorney's fees is another area in which ABA ethics opinions are commonly cited. Keywords: aba; aba comm; aba ethics; ass'n; bar; bar ass'n; cases; cir; city; comm; committee; court; ethics comm; ethics opinions; f.2d; law; n.y; new; responsibility; state; state bar; u.s
• Curiouser and Curiouser: The United States Supreme Court Continues Its Assault on Federal Habeas Corpus by Mitchell, Michael J. (1992) - It is a system that the United States Supreme Court seems bent on making curiouser and curiouser 1 with each decision concerning the role of federal courts in reviewing state criminal convictions. In 1789, Congress established habeas corpus as an avenue to remedy violations of rights of persons held under federal authority.6 When Congress ratified the Fourteenth Amendment to the United States Constitution following the Civil War, it also granted federal courts the power to conduct habeas review of state criminal convictions.7 In 1948, Congress codified these guarantees when it adopted 28 U.S.C. § 2254, requiring federal courts to hear applications for writs of habeas corpus from persons in custody pursuant to the judgment of a State court ... on the ground that he is in custody in violation of the Constitution, or laws or treaties of the United States. Keywords: claim; coleman; corpus; court; federal; habeas; law; mccleskey; review; rule; state; supreme
• Dumping Drug Dealers Off the Dole: An Examination of the Procedural Due Process Implications of Pre-Hearing Seizures of Public Housing Leaseholds from Tenants Involved in Drug Trafficking by Ficklin, Amy L. (1992) - These omissions clearly demonstrate a lack of comprehension of the terrible circumstances which public housing tenants endure daily. The rights of public housing tenants to live in a safe environment are a substantial government concern. Keywords: court; drug; forfeiture; government; housing; interest; law; notice; property; public; richmond; seizure; states; tenants; u.s; united; warrant
• A Nation Divided: By What Standard Should Fourth Amendment Seizure Findings Be Reviewed on Appeal? by Kidwell, Brent E. (1992) - However, such simplicity disregards the multiple policy factors which should be considered whenever the balance of power between trial courts and appeals courts is subject to such a monumental shift as occurs when the constitutional fact doctrine is applied to an issue. Thus, appellate courts are more willing to grant trial courts greater discretion in judicial decisions re- garding facts. Keywords: appellate; constitutional; court; defendant; fact; issue; law; novo; question; review; seizure; standard; states; trial court; u.s; united
• The Scope of Federal Preemption: How Far May States Go in Regulating Multiple Employer Welfare Arrangements Established Under ERISA? by Morrison, Catherine M. (1992) - The 1982 amendments added to ERISA several sections dealing with preemption as it specifically relates to multiple employer benefit plans. Attempted State Insurance Regulation of Multiple Employer Welfare Arrangements: Possible Conflicts with ERISA Preemption The issue of preemption of state law, specifically state insurance regulations, becomes more complicated when examining a certain type of multiple employer benefit plan called a multiple employer welfare arrangement. Keywords: arrangements; benefit; employer; employer welfare; erisa; insurance; law; plans; preemption; state; welfare
• Some Real-Life Observations About Judging by Wald, Patricia M. (1992) - Can women judges make a difference? As the number of women judges has increased I have personally noticed that law firms and government offices more frequently use women as lead counsel and at counsel tables. Keywords: canon; cases; court; indiana; judges; judging; law; life; review; time; women
• Front Matter by Law Review, Indiana (1993) - Single Issue, $8; Survey Issue $17 Indiana Law Review Volume 26 1992-93 Editor-in-Chief Michael J. Mitchell Executive Managing Editor Gary C. Messplay Executive Editor Articles Amy L. Ficklin Executive Editor Notes and Topics Anne H. Murray Articles Editors Scott D. Alfree Elizabeth Sherman ( Christopher J. Dull Brent E. Kidwell Mitchel A. Mick Elizabeth A. Roberg Gary R. Welsh Note Development Editors Adel James Chareq -ox Anita Hodgson Tom Scifres Michael Ray Smith ;e Associate Editors John H. Allie Adam Arceneaux Shanda Beach Chris Belch Jeff Decker Charles P. Edwards Karen L. Fisher A Victoria Gorczyca Craig Lawson Don McGuire Catherine M. Morrison Dan L. O'Korn Ann L. Theobald Gregg M. Wallander Samantha Williams Editorial Assistant my Morrison Grubbs Faculty Advisor Debra A. Falender Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Gerald L. Bepko, Vice-President, Indiana University; Chancellor, Indiana University- Purdue University at Indianapolis and Professor of Law. Keywords: a.b; assistant; college; indiana; indiana university; indianapolis; j.d; law; professor; review; university
• Qualified Immunity: A User's Manual by Blum, Karen M. (1993) - [Vol. 26:187 Siegert clearly changes the approach most courts were taking in qualified immunity cases and mandates resolution of the constitutional question. See, e.g., Act Up!/Portland v. Bagley, 971 F.2d 298, 301-02 (9th Cir. 1992) ([TJhe court is obliged to make every effort to develop the record to the extent necessary to make the determination at [the summary judgment] stage.); Mee v. Ortega, 967 F.2d 423, 430 & n.5 (10th Cir. 1992) (holding that factual disputes on the record required more development before a ruling on qualified immunity would be appropriate) (If, at any point before trial, it appears to the district court that, as a matter of law, a reasonable parole officer could have believed [plaintiff's] continued incarceration lawful, summary judgment would be appropriate.); Workman v. Jordan, 958 F.2d 332, 336 (10th Cir. 1992) (holding that a court may allow limited discovery to develop or clarify facts needed to rule on qualified immunity claim and defer decision on qualified immunity); Howell v. Evans, 922 F.2d 712, 717-18 (11th Cir. 1991) Keywords: cir; circuit; claim; conduct; court; defendant; defense; f.2d; facts; force; immunity; immunity defense; issue; judgment; law; officer; plaintiff; question; right; summary; u.s
• The Reasonable Woman Test in Sexual Harassment Law—Will It Really Make a Difference? by Lester, Toni (1993) - The implications of this view for sexual harassment victims are far reaching. It is clear from the above discussion that the reasonable woman test can be an aggressive champion of the rights of sexual harassment victims. Keywords: cir; conduct; court; ellison; environment; f.2d; harassment; law; note; person; plaintiff; rabidue; rape; sex; test; victim; woman; woman test; work
• The Warranty of Sperm: A Modest Proposal to Increase the Accountability of Sperm Banks and Physicians in the Performance of Artificial Insemination Procedures by Hodgson, Anita M. (1993) - Though the merits of this argument could be debated extensively,84 it is sufficient for the purposes of distinguishing sperm sales from organ sales to simply note that there is no risk of death or injury involved in the act of sperm donation and that compensated sperm donation is, in fact, an accepted practice. In demonstrating the differences between sperm sales and organ sales, a great deal of emphasis has been placed on the commercialized sale of sperm as it exists in practice today. Keywords: bank; blood; commercial; court; donor; insemination; law; liability; medical; note; sale; sperm; sperm bank; supra; supra note; tissue; transactions; warranty
• Fighting Racism: Hate Speech Detours by Simon, Thomas W. (1993) - Deflating the importance of hate speech regulation does not entail discounting the impact that hate speech has on its victims or minihiizing the connection between hate speech and racism. Sanctioning the mentioning of hate speech could result in muffling those who propose hate speech regulation because they do it by citing hate speech. Keywords: antiracism; case; crude; group; hate; hate speech; law; policy; problem; racism; regulation; rev; speech; student; universities; university; words
• Front Matter by Law Review, Indiana (1993) - Adel James Chareq Elizabeth Sherman Cox Anita Hodgson Christopher J. Dull Tom Scifres Brent E. Kidwell Michael Ray Smith Mitchel A. Mick Elizabeth A. Roberg e Gary R. Welsh Associate Editors John H. Allie Victoria Gorczyca Adam Arceneaux Craig Lawson Shanda Beach Don McGuire Chris Belch Catherine M. Morrison Jeff Decker Dan L. O'Korn Charles P. Edwards Ann L. Theobald Karen L. Fisher Gregg M. Wallander Samantha Williams Editorial Assistant Amy Morrison Grubbs Faculty Advisor Debra A. Falender Indiana Law Review (ISSN 0090-41 98) Published four times a year by Indiana University. Gerald L. Bepko, Vice-President, Indiana University; Chancellor, Indiana University- Purdue University at Indianapolis and Professor of Law. Keywords: a.b; assistant; college; indiana; indiana university; indianapolis; j.d; law; professor; review; university
• Disclosing Adolescent Suicidal Impulses to Parents: Protecting the Child or the Confidence? by Neisser, Joan (1993) - In Tarasoff, Prosenjit Podder, a voluntary out-patient at the Cowell Memorial 1993] DISCLOSING SUICIDAL IMPULSES 445 has not been extended to suicidal patients. The strain that mental health professionals experience when dealing with suicidal patients is also well documented.65 Having the support of the parent of a suicidal adolescent can be helpful in reducing a therapist's stress and in making the treatment more ben- eficial. Keywords: adolescent; child; children; court; decision; family; health; interest; law; minor; note; parents; patient; professional; right; state; suicide; treatment
• Rediscovering the Link Between the Establishment Clause and the Fourteenth Amendment: The Citizenship Declaration by Leedes, Gary C. (1993) - 241 This provision, having a potential for congressional action terminating state religious establishments, was unacceptable to the House. Cord, supra note 41, at 14; Curry, supra note 48, at 215; Edward Dumbauld, The Bill of Rights And What it Means Today 104, 104 n.5 (1957); Levy, supra note 5, at 122; Malbin, supra note 131, at 16 (The Establishment [CJlause prohibited Congress from tampering with state religious establishments.); Story, supra note 169, at 730-31; Keywords: aid; amendment; church; citizenship; clause; congress; constitution; court; declaration; establishment; establishment clause; federal; fourteenth; government; history; jefferson; justice; law; madison; new; public; religion; rights; state; supra note; u.s; united; virginia; weisman
• The Illegitimacy of Trademark Incontestability by Port, Kenneth L. (1993) - Whereas before Park 'N Fly there was confusion and divergence between the circuits over the offensive/defensive use of incontestable marks, and whereas prior to the Trademark Amendment Act of 1988 there was confusion over use of equitable defenses to an incontestable mark, there now exists confusion and inconsistency over whether incontestability can be used (and to what extent) in the strength of the mark analysis. There are only five cases since Park 'N Fly (1985) where the FCCA addresses incontestable marks. Keywords: act; cases; cir; circuit; co.; confusion; corp; court; f.2d; fact; fly; goods; incontestability; lanham; lanham act; law; mark; meaning; new; note; ownership; park; plaintiff; property; registrant; registration; rights; section; states; strength; supp; supra; trademark; trademark incontestability; trademark law; trademark rights; u.s; united; use
• Grand Theory and Constitutional Change by Torke, James W. (1993) - For Ackerman's depiction of a Burkean justice at work, see Bruce Ackerman, The Common Law Constitution of John Marshall Harlan, 36 N.Y.L. Sch. As grand theory, it must offer a satisfying solution to the master-problem of constitutional law: How shall we read our Constitution so that it is sufficiently stable and binding to serve as fundamental law, while still being sufficiently organic and dynamic to last over multiple generations? Keywords: ackerman; book; dualist; law; new; past; people; review; supra note; theory
• Front Matter by Law Review, Indiana (1993) - INDIANA LAW REVIEW INDIANA UNIVERSITY SCHOOL OF LAW -INDIANAPOLIS 735 West New York Street Indianapolis, Indiana 46202 Subscription Rates (one year): Regular, $25; Foreign, $28; Student, $17 (4 issues) Single Issue, $8; Survey Issue $17 Indiana Law Review Volume 26 1992-93 Editor-in-Chief Michael J. Mitchell Executive Managing Editor Gary C. Messplay Executive Editor Articles Amy L. Ficklin Executive Editor Notes and Topics Anne H. Murray Articles Editors Scott D. Alfree Elizabeth Sherman ( Christopher J. Dull Brent E. Kidwell Mitchel A. Mick Elizabeth A. Roberg Gary R. Welsh Note Development Editors Adel James Chareq -ox Anita Hodgson Tom Scifres Michael Ray Smith ;e Associate Editors John H. Allie Adam Arceneaux Shanda Beach Chris Belch Jeff Decker Charles P. Edwards Karen L. Fisher A Victoria Gorczyca Craig Lawson Don McGuire Catherine M. Morrison Dan L. O'Korn Ann L. Theobald Gregg M. Wallander Samantha Williams Editorial Assistant my Morrison Grubbs Faculty Advisor Debra A. Falender Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Gerald L. Bepko, Vice-President, Indiana University; Chancellor, Indiana University- Purdue University at Indianapolis and Professor of Law. Keywords: a.b; assistant; college; developments; indiana; indiana university; indianapolis; j.d; law; professor; review; university
• Developments in Contract and Commercial Law by Solloway, Robert G. (1993) - The lender proposed several different interpretations of the contract provi- sions; however, the Seventh Circuit found that Indiana courts invoke the cardinal rule of construction that 'ambiguities in a contract are to be strictly construed against the party who prepared the contract. Indiana courts would have difficulty obligating Woodbridge Place to an implied duty of good faith. Keywords: boat; case; contract; court; indiana; interest; law; lien; security
• Recent Developments in Corporation Law by Smith, Elizabeth A. (1993) - Of eleven cases involving corporation law considered by the Indiana Court of Appeals and the Tax Court of Indiana, four focused on the circumstances under which it was appropriate to pierce the corporate veil/' three dealt with governance of closely held corporations, one addressed corporate gov- ernance issues in the context of a nonprofit corporation, and three interpreted provisions of the BCL dealing with notice of meetings, the standard of conduct imposed upon directors, and agency law as it applies to corporate officers and employees. CORPORATION LAW 789 to fair market value. Keywords: appeals; code; corporation; court; directors; indiana; law; liability; n.e.2d; shareholders; trial
• 1992 Federal Practice and Procedure Update for Seventh Circuit Practitioners by Maley, John R. (1993) - Indiana Law Review 1992 Federal Practice and Procedure Update for Seventh Circuit Practitioners John R. Maley* Introduction Indiana practitioners litigating in federal court encountered diverse developments in federal practice during 1992. The court also relied on Northern Trust Co. v. Bunge Corp., 1 for the proposition that 'federal courts must look to the individuals being represented rather than their collective representative to determine whether diversity exists. Keywords: case; circuit; claim; court; defendant; district; diversity; f.2d; indiana; judge; judgment; jurisdiction; law; plaintiff; procedure; removal; rule; service; state; supp
• Recent Constitutional Decisions in Indiana by Baude, Patrick (1993) - To make sure that future lawyers in this state will not miss the new order, the Indiana Supreme Court has now added Indiana constitutional law to the required bar examination subjects. Both Gamble and Robinson rely, in large part, on a background of Indiana cases expressing the view that police officers need not be required to tolerate severe insult as a condition of their conversations 24. Keywords: app; court; fighting; indiana; law; n.e.2d; state; words
• Update—Criminal Law and Procedure by Burke, Susan D. (1993) - Because of the high volume of significant state court decisions and the availability of other sources reviewing United States Supreme Court decisions, this Article will concentrate on Indiana law. The court noted that although defendants may offer evidence of their good character through their reputation, it is generally admitted through lay testimony of those who knew their reputation prior to the instant offense.56 The court also reiterated the general rule that evidence of the defendant's character is not admissible to prove he acted in accord therewith on a particular occasion. Keywords: app; code; court; defendant; evidence; ind; indiana; law; n.e.2d; sentence; state; trial; trial court
• Environmental Law: The Roles of Commerce, Citizens, and the Land in an Era of Intensifying Competition by Hamilton, John C. (1993) - 238 How Indiana courts will address regulatory takings claims in view of Lucas, of course remains to be seen. 2. Implications.—If followed by other courts, the Seventh Circuit's clear preference for SuperFund legislation, the heavy artillery 167 of cleanup laws, will go far to prevent those without wealth from enforcing any part of- RCRA and to moot § 6972. Keywords: action; cir; citizen; code; court; environmental; ewc; f.2d; government; heritage; inc; indiana; judgment; landfill; law; legislation; n.e.2d; notice; permit; rcra; state; stop; suit; supp; waste
• Recent Employment Law Decisions of the Seventh Circuit and the Indiana Courts by Bethel, Terry A. (1993) - 25 Tying plaintiffs employment to the completion of the construction project did not satisfy the definite term requirement.26 C. Collateral Estoppel During 1992, Indiana courts also struggled with issues that have often confronted—and confounded—the United States Supreme Court. One response by unions has been to quantify all those expenses that are not chargeable, often by keeping time records and other accounts of expenses incurred in activities which previous court decisions have identified as nonchargeable. Keywords: act; court; decision; discrimination; employees; employer; employment; f.2d; impact; indiana; law; opinion; rights; supreme; union; workers
• 1992 Developments in Indiana Property Law by Krieger, Walter (1993) - Id. at 917 (quoting from trial court record). 18 Finally, courts do not agree as to the legal effect of an attempt by one party to terminate a joint account by removing the other party's name or by withdrawing all of the funds. Keywords: contract; court; damages; easement; estate; ind; indiana; joint; land; law; mortgage; n.e.2d; property; title; trial court
• 1992 Developments in Indiana Taxation by Jegen III, Lawrence A.; Maley, John R. (1993) - In Sherry Designs, Inc. v. State Board of Tax Commissioners* the Indiana Tax Court dismissed an original tax appeal for failure to meet all jurisdictional requirements.9 15 Indiana Tax Court Rule 16 then defines the term small tax case to include an appeal of a final determination of assessed value made by the State Board of Tax Commissioners that does not exceed $15,000 for any year. Keywords: appeals; court; indiana; law; state; supreme; tax; tax court
• Survey of 1992 Developments in Tort Law by Jordan, Karen A.; Lewis, Neal (1993) - Indiana Law Review Survey of 1992 Developments in Tort Law Karen A. Jordan* Neal Lewis** Introduction During this survey period, Indiana courts again took advantage of opportunities to bring Indiana tort law into the mainstream. To resolve this inconsistency, Indiana courts described the fireman's rule as an exception to the liability imposed by the rescue doctrine. Keywords: act; app; cases; comparative; court; defendant; duty; fault; fault act; ind; indiana; law; liability; n.e.2d; plaintiff; public; rule; set; settlement; supreme court; tort
• Back Matter by Law Review, Indiana (1993) - Cap Gemini America, Inc. v. Judd 784 Car Carriers, Inc. v. Ford Motor Co. 942 Caracciolo v. Ballard 25 Carden v. Arkoma Associates 818 Carey v. Population Service International 459 Carr v. Carr 991-92 Carr v. State 908-09 Carroll v. United States 136 Carter v. Inter-Faith Hospital of Queens 381-82 Carter v. Morrow 995-96 Cash v. State 919 Castor v. State 907 Center Township v. Coe 635, 637, 643-46, 656 Centrium Group v. State Board of Tax Commissioners 1156 Chaiken v. Eldon Emmor & Co., Inc. 1167-68 Chambers ex rel. 950 Reilly v. Blue Cross & Blue Shield United of Wisconsin 170 Reilly v. Cavanugh 1108 Reilly v. Robertson 651, 653, 655 Reise v. Board of Regents 841 Rich v. City of Mayfield Heights 202 Richardson v. Marsh 900 Richey v. Chappell 1051-53 Richmond Tenants Organization, Inc. v. Kemp 95-98, 102, 104, 106-11, 113-14 Richmond Tenants Organization v. Richmond Redevelopment and Housing Authority 104, 107 Robinson v. Jacksonville Shipyards, Inc. 229, 241, 243, 245, 247 250- 51, 253-54, 256, 258-61 Robinson v. State 856-58 Roe v. Abortion Abolition Society 346-47 Roe v. Wade 333, 642 Rohrabaugh v. Wagoner 652 Roth v. United States 141, 144 Russell v. Community Blood Bank, Inc. 379, 380-82, 384 SFN Shareholders Grantor Trust v. Indiana Department of State Revenue 783, 785 San Antonio Independent School District v. Rodriquez 647 Sanchez v. Sanchez 198 Salve Regina College v. Russell 133, 135, 137, 140 Sanders v. Cole Municipal Finance 1175 Sanders v. State 919 Sanders v. United States 71-73 Sandilla v. State 915 Sapp v. Morton Buildings, Inc. 1211-12 Saunders v. State 902 Schueneman v. Schueneman 980-81 Scott v. Anderson Newspapers, Inc. 1224-26 Scott v. Sears, Roebuck & Co. 239, 249-51, 253 Scott v. State 906-07 Scott-Gordon v. State 911 Selke v. Selke 981 Service Merchandise Co. v. Service Jewelry Stores, Inc. 578 Sewell v. State 916 Seymour National Bank v. State 1199-1200 Shaffer v. Heitner 660, 664, 666-67 Shaw v. Delta Airlines, Inc. 153, 155-57, 159, 169 Sherry Designs, Inc. v. State Board of Tax Commissioners 1146 Shuamber v. Henderson 1182-84 Sidle v. Majors 650 Siegert v. Gilley 190-96, 201, 207- 08, 214, 222-24 Sigsbee v. Swathwood 1135 Silver v. Franklin Township 191 Sims v. Metropolitan Dade County 226 Sims v. State 898 Singer Manufacturing Co. v. Briley 530 Singer Manufacturing Co. v. June Manufacturing Co. 530 Skiver v. Brighton Meadows 1136 1993] INDEX xix Slattery v. Rizzo Smith v. Breeding Smith v. Smith Snider v. State 221 1154-56 998 912 Snyder Elevators, Inc. v. Baker 1194 Source Serv. Corp. v. Chicagoland Jobsource, Inc. 580 Source Serv. Corp. v. Source Tele- computing Corp. 580 South Bend Community Schools Corp. v. Widawski 1197-99 Southern v. How 522 Sowell v. State 903 Spencer v. Christiansen 1040 Spirol International Corp. v. Vogel- sang Corp. Keywords: association; bank; board; city; co.; corp; county; court; department; developments; federal; hospital; inc; index; indiana; indiana law; insurance; insurance co.; johnson; law; national; review; smith; state; survey; united; united states
• Front Matter by Law Review, Indiana (1993) - Single Issue, $8; Survey Issue $17 Indiana Lav^ Revieiv Volume 27 1993-94 Editor-in-Chief Jan Michelsen Executive Managing Editor Brad A. Galbraith Executive Editor Notes and Topics Patrick J. Preston Note Development Editors David M. Leonard M. Kathryn Miller Leland Paynter Dan Starr Executive Editor Articles Deborah G. Hepler Articles Editors Joseph R. Alberts Tracy Vacek Bingle Thomas A. Dickey Jeff M. Lozer Melissa Murrell Lowell Woods Associate Editors Tonya Byes-Parker Steven P. Caltrider Timothy C. Caress Tim Corbin Ralph E. Dowling Bill Gigowski E. Sean Griggs Ricki Jo Hoffmann Greg Nester Charles O'Keefe Leanna Rector Andrew Spencer Catherine Trevison John Wilkowski Tim Wiseman Editorial Assistant Amy Morrison Grubbs Faculty Advisor Debra A. Falender Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Gerald L. Bepko, Vice-President, Indiana University; Chancellor, Indiana University- Purdue University at Indianapolis and Professor of Law, J.D., IIT/Chicago-Kent College of Law; LL.M., Yale University. Keywords: a.b; assistant; college; indiana; indiana university; indianapolis; j.d; law; professor; review; university
• Antitrust Liability for Collective Speech: Medical Society Practice Standards by Patterson, Mark R. (1993) - The following sections discuss the realization of that potential as evidenced in two recent cases challenging medical society standards directed at two different groups: patients and third-party payers of medical bills. ^'' One would therefore expect the courts to provide a forum where consumers or professionals suffering from the anticompetitive effects of society standards could bring antitrust challenges to those standards. Keywords: american; anticompetitive; antitrust; cases; consumers; court; effects; group; inc; information; keratotomy; koefoot; law; liability; market; medical; members; patients; power; practice; procedure; professional; services; societies; society; speech; standards; statements; supra; u.s
• Self-Disclosure, Separation, and Students: Intimacy in the Clinical Relationship by Sullivan, Kathleen A. (1993) - As I have discussed this project with other cHnical teachers, a number have suggested that, although relationships between clinical students and teachers are different and perhaps closer than those between most traditional law teachers and students, there is nothing particularly intimate about these relationships. Despite the term's imperfection, I remain convinced that intimacy is the right word, and that relationships between clinical students and teachers are at least somewhat more intimate than those between tra- ditional teachers and students. Keywords: case; class; client; clinical; clinicians; disclosure; education; example; intimacy; law; lawyering; note; power; process; relationship; self; students; supervision; supra; teachers; teaching; trust; women
• The Retention of Severance Benefits During Challenges of Waivers Under the Age Discrimination in Employment Act by Preston, Patrick Joseph (1993) - [Vol. 27:157 the agreementJ Generally, the courts adopting ratification theories have not scrutinized the soundness of applying state contract law with respect to the enactment of the OWBPA and other actions by Congress expressing concern over ADEA waivers. The court recognized that other cases deciding the tender/ratification issue of ADEA waivers had not previously cited the Supreme Court decision. ' Keywords: adea; benefits; claims; court; law; owbpa; ratification; severance; supp; tender; title; waiver
• The Morals of the Story: Narrativity & Legal Ethics by Dowling, Ralph E. (1993) - David Papke, an influential scholar of legal narratives recently asked, rhetorically, '*In light of the pervasiveness and importance of narrative in the legal discourse, how is it that legal education, practice and scholarship have for the most part seemed oblivious and even disdainful of narrative? * This Note brings together these interests in legal narratives and ethics by describing previous narrative legal studies and the relationship between communication and the law. Keywords: communication; discourse; ethics; evidence; facts; fisher; law; lawyer; model; narrative; narrative paradigm; note; paradigm; rationality; rule; scholars; stories; story; supra; supra note; trial; truth; world; world paradigm
• Vacatur of Commercial Arbitration Awards in Federal Court: Contemplating the Use and Utility of the "Manifest Disregard" of the Law Standard by Glabraith, Brad A. (1993) - Ill 1991), provides the same grounds for vacating arbitration awards in labor disputes within the purview of the Act as those used in reviewing commercial arbitration awards. Although the additional grounds for vacating labor arbitration awards are often discussed alongside grounds for vacating commercial arbitration awards, they are not analogous. Keywords: act; arbitration; arbitration act; arbitration awards; award; cir; court; disregard; f.2d; grounds; inc; law; parties
• Front Matter by Law Review, Indiana (1993) - INDIANA LAW REVIEW INDIANA UNIVERSITY SCHOOL OF LAW -INDIANAPOLIS 735 West New York Street Indianapolis, Indiana 46202 Subscription Rates (one year): Regular, $25; Foreign, $28; Student, $17 (4 issues) Single Issue, $8; Survey Issue $17 Indiana l^a^v Revieiiv Volume 27 1993-94 Editor-in-Chief Jan Michelsen Executive Managing Editor Brad A. Galbraith Executive Editor Notes and Topics Patrick J. Preston Note Development Editors David M. Leonard M. Kathryn Miller Leland Paynter Dan Starr Executive Editor Articles Deborah G. Hepler Articles Editors Joseph R. Alberts Tracy Vacek Bingle Thomas A. Dickey Jeff M. Lozer Melissa Murrell Lowell Woods Associate Editors Tonya Byes-Parker Steven P. Caltrider Timothy C. Caress Tim Corbin Ralph E. Dowling Bill Gigowski E. Sean Griggs Ricki Jo Hoffmann Greg Nester Charles O'Keefe Andrew Spencer Catherine Trevison Leanna Weissman John Wilkowski Tim Wiseman Editorial Assistant Amy Morrison Grubbs Faculty Advisor Debra A. Falender Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. An Analysis of Lee v. Weisman Timothy C. Caress 475 Volume 27 Number 2 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published quarterly by the Indiana University School of Law—Indianapolis, which assumes complete editorial responsibility thereof. Keywords: a.b; assistant; college; indiana; indiana university; indianapolis; j.d; law; professor; review; university
• A Brief Defense of the Supreme Court's Approach to the Interpretation of the Federal Rules of Evidence by Imwinkelried, Edward J. (1993) - INTERPRETING FEDERAL EVIDENCE RULES 281 It would, of course, be a mistake to overstate the extent to which the Federal Rules operate as a self-contained evidence code. INTERPRETING FEDERAL EVIDENCE RULES 283 Professor Weissenberger treats the result in Abel as proof that, as a practical matter, the Court must resort to uncodified common-law doctrines to render the Federal Rules workable. Keywords: cir; code; court; discretion; evidence; f.2d; history; law; note; professor; rules; states; supra; supreme; trial; united; weissenberger
• Panhandlers at Yale: A Case Study in the Limits of Law by Goldstein, Brandt J. (1993) - [Vol. 27:295 mation in Parts I and II largely relates to the regular panhandlers,'^ many of whom were interviewed repeatedly, with much of the information on each panhandler corroborated by other panhandlers and many other individuals interviewed for the study. If other panhandlers less familiar to the York district were drunk or appeared to be a bugs bunny, as Ricky called the mentally ill, one of the regulars would try at least once to calm them down if they were causing a disturbance. Keywords: businesses; day; district; food; haven; haven police; homeless; income; interview; james; john; law; lou; money; new; note; officers; owner; panhandlers; panhandling; pedestrians; people; police; regulars; relationships; review; ricky; street; study; supra; terry; time; yale; york; york district
• The Essential Purpose and Analytical Structure of Personal Jurisdiction Law by Brooks, Roy L. (1993) - * Burnham, it is argued, adds to the lack of direction in personal jurisdiction law less because of its failure to promulgate bright line rules than because of two other reasons. PERSONAL JURISDICTION LAW 363 Is personal jurisdiction law as purposeless as the absence of a bright line rule, the resurrection of transient jurisdiction, and the nonapplication or misapplication of the Burger King-International Shoe conceptual scheme seem to suggest? Keywords: analysis; case; court; defendant; forum; forum state; interest; international; jurisdiction; justice; law; note; personal; shoe; state; supra; u.s
• Changing Sexual Assault Law and the Hmong by Trevison, Catherine (1993) - ^^ In rape cases where Hmong men have been accused of sexually assaulting unmarried Hmong women, the men have raised the defense of reasonable belief of consent.^° When defendants insert the cultural information that Hmong women ''always resist sex, non-consent be- comes difficult for the prosecution to prove. As a result, Hmong men remain free to impose their will on resisting Hmong women without making an effort to ensure consent. Keywords: american; clan; consent; cultural; defense; family; girl; hmong; law; man; note; rape; supra; supra note; system; women
• Front Matter by Law Review, Indiana (1994) - Single Issue, $8; Survey Issue $17 Indiana Law Review Volume 27 1993-94 Editor-in-Chief Jan Michelsen Executive Managing Editor Brad A. Galbraith Executive Editor Executive Editor Notes and Topics Articles Patrick J. Preston Deborah G. Hepler Note Development Editors Articles Editors David M. Leonard Joseph R. Alberts M. Kathryn Miller Thomas A. Dickey Leland Paynter Jeff M. Lozer Dan Starr Melissa Murrell Tracy Vacek Lowell Woods Associate Editors Tonya Byes-Parker Greg Nester Steven P. Caltrider Charles O'Keefe Timothy C. Caress Andrew Spencer Tim Corbin Catherine Trevison Ralph E. Dowling Leanna Weissmann Bill Gigowski John Wilkowski E. Sean Griggs Tim Wiseman Ricki Jo Hoffmann Editorial Assistant Amy Morrison Grubbs Faculty Advisor Debra A. Falender Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Send all correspondence to Editorial Assistant, Indiana Law Review, Indiana University School of Law—Indianapolis, 735 W. New York Street, Indianapolis, Indiana 46202. Keywords: a.b; college; indiana; indiana university; indianapolis; j.d; law; professor; review; school; university
• Cooperative Dissent: Dissenting Shareholder Rights in Agricultural Cooperatives by Crago, David C. (1994) - ' Much of this growth has been the result of mergers and acquisitions of other cooperatives. ' Although courts^ and commentators'* have asserted several justifications for different treatment of cooperative shareholders, none of the arguments sufficiently distinguish corporate cooperatives from other corporate forms of business so as to justify denying their shareholders the same protection available to all other shareholders. Keywords: appraisal; appraisal rights; cooperative; corporations; equity; law; members; non; note; rev; rights; shareholders; statutes; stock; supra; supra note; voting
• Abandoning Parents Under Intestacy: Where We Are, Where We Need to Go by Rhodes, Anne-Marie E. (1994) - ^^ Originally enacted in 1941, the New York statute's intent was to deprive a parent of a distributive share in the estate of a child or of a share in the damages recovered for the wrongful death of a child where such parent has abandoned the child during infancy or has neglected or refused to provide for such child during infancy. Indiana Law Review Abandoning Parents Under Intestacy: Where We Are, Where We Need to Go Anne-Marie E. Rhodes* Introduction American children are increasingly being raised in single parent homes, often below or near the poverty line. Keywords: abandonment; ann; child; code; code ann; common; court; death; distribution; doctrine; intestate; law; minor; new; parent; person; property; rev; stat; statute; supp; west; wrongful
• Professional Malpractice and Federal Common Law in Thrift-Crisis Litigation: Is the FDIC a "Super-Receiver"? by Dickey, Thomas A. (1994) - Arguably then, under Kamen, the FDIC must overcome a strong presumption that a federal court should incorporate state law as the rule of decision in order to obtain the special protection of federal common law from state law defenses. The Fifth Circuit stated that when the FDIC brings an action as receiver for a failed S&L against an outside accountant, the claim is [e]ssentially ... a client case in which a client is suing its auditor. '^^ Although the Fifth Circuit did not cite to specific Supreme Court precedent on the issue of federal common law,''° the cases relied upon by the court for the proposition that no statutory or policy basis exists for affording the FDIC special protection appear to apply the basic analytical structure required by Supreme Court precedent. Keywords: bank; cir; court; decision; deposit; f.2d; fdic; federal; insurance; law; litigation; note; o'melveny; rule; s&l; state; state law
• A Class Act: Forces of Increased Awareness, Expanded Remedies, and Procedural Strategy Converge to Combat Hostile Workplace Environments by Michelsen, Jan (1994) - Such an approach, to isolate and then deny certification of the harassment claim, has been used previously to prevent sexual harassment class actions. Sheehan v. Purolator, Inc., 839 F.2d 99 (2d Cir. 1988); Holden v. Burlington N., Inc., 665 F. Supp. 1398 (D. Minn. 1987). 1994 SEXUAL HARASSMENT CLASS ACTIONS 621 Even though sexual harassment class actions are clearly procedurally appropriate, one could posit three reasons that the first class certified for a claim of hostile environment harassment as sex discrimination did not appear until as late as 1991. ^'^ Keywords: cases; certification; cir; claims; class; class actions; co.; court; damages; discrimination; employment; environment; f.2d; f.r.d; harassment; harassment class; individual; jenson; law; members; note; plaintiffs; sex; supra; title; vii; women; workplace
• The Guides To The Evaluation of Permanent Impairment and Workers' Compensation in Indiana by O'Keefe, Charles Richard (1994) - Permanent partial impairment benefits represent 27.3% of total system costs in Indiana. The determination of impairment is completely distinct from the question of disability, and an employee may receive impairment benefits whether he is able to return to work or not. Keywords: act; benefits; compensation; disability; employee; evaluation; guides; impairment; indiana; injury; law; lewis; loss; medical; rating; supra note; system; use; wage; workers
• Front Matter by Law Review, Indiana (1994) - Melissa Murrell Tracy Vacek Lowell Woods Associate Editors Tonya Byes-Parker Greg Nester Steven P. Caltrider Charles O'Keefe Timothy C. Caress Andrew Spencer Tim Corbin Catherine Trevison Ralph E. Dowling Leanna Weissmann Bill Gigowski John Wilkowski E. Sean Griggs Tim Wiseman Ricki Jo Hoffmann Editorial Assistant Amy Morrison Grubbs Faculty Advisor Debra A. Falender Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Send all correspondence to Editorial Assistant, Indiana Law Review, Indiana University School of Law—Indianapolis, 735 W. New York Street, Indianapolis, Indiana 46202. Keywords: a.b; college; developments; indiana; indiana university; indianapolis; j.d; law; professor; review; school; university
• An Analysis of the Arbitration Rule of the Indiana Rules of Alternative Dispute Resolution by Van Winkle, John R. (1994) - With such decisions or amendments, Indiana arbitration law and procedure will continue its evolution. In contrast, under the Indiana Uniform Arbitration Act, if the parties to the dispute had entered into a contract or agreement to submit all future disputes to arbitration before the dispute actually arose then arbitration of the subsequent dispute would occur under the Indiana Uniform Arbitration Act and a general civil suit would not have been filed (unless the parties waived arbitration).^^ As stated, the primary purpose of the 1 852 statute, The Indiana Arbitration Act, was to provide enforcement by judgment for arbitration awards entered in 49. Keywords: adr; agreement; arbitration; arbitration act; arbitration rules; court; ind; indiana; indiana arbitration; law; parties; rule; uniform arbitration
• Bankruptcy in the Seventh Circuit: 1993 by Boshkoff, Douglass G. (1994) - In re Robersor?^ announced the Seventh Circuit view of what constitutes the undue hardship required by 11 U.S.C. § 523(a)(8) for the immediate discharge of an educational debt. After the Chapter 13 case had been closed, the mortgagee attempted to collect interest through a foreclosure action in state court. Keywords: bankruptcy; circuit; court; debtor; f.2d; law
• Recent Developments in Contract and Commercial Law by Woods, Judy L.; Galbraith, Brad A. (1994) - The first alternative would be to revise the scope of Article 2 to specifically include software contracts and other contracts in which the issue of application of Article 2 most often arises.' Several sub-articles would then be developed, similar to Article 4A—Electronic Funds Transfers, in which more specific transactions, such as software contracts, could be addressed with particularity. Keywords: article; contract; court; goods; inc; ind; indiana; law; n.e.2d; sale; software; transactions
• The Law of Negotiable Instruments and Bank Collections Undergoes Major Changes: Indiana Replaces Article 3 and Updates Article 4 of the Uniform Commercial Code by Greenberg, Harold (1994) - Id.; see §§ l-102(2)(b), 3R-104, cmt. 2. 31. Accommodation Parties and Suretyship The rules on accommodation parties and suretyship in §§ 3-415, 3-416, and 3-606 have been clarified, modified, and expanded in §§ 3R-419 and 3R-605.^^ Keywords: article; bank; check; cmt; code; drawer; indiana; instrument; law; note; payment; person; revision; section; supra
• 1993 Federal Practice and Procedure Update for Seventh Circuit Practitioners by Maley, John R. (1994) - 3. Seventh Circuit Rule 28(b)(1) (If any party is an unincorporated association or 814 INDIANA LAW REVIEW Indiana Law Review 1993 Federal Practice and Procedure Update For Seventh Circuit Practitioners John R. Maley* Introduction Indiana practitioners litigating in federal court encountered drastic changes in federal civil practice during 1993. Keywords: circuit; civ; court; defendant; district; f.2d; fed; indiana; judge; jurisdiction; law; notice; removal; rule; service; state
• The "Gay '90's" —Sexual Orientation and Indiana Law by Barker, John W.; Kennedy, Shelia (1994) - Code §§ 35-42-4-1, 35-42-4-2 (1993). Code §§ 35-42-1-1, 35-42-1-3 (1993). Keywords: aids; app; child; code; court; employee; employment; gay; health; hiv; ind; indiana; indiana code; law; lesbian; orientation; parent; person
• State and Federal Constitutional Law Developments by Berger Levinson, Rosalie (1994) - App. 1992) (the element of actual malice was established with convincing clarity as a matter of law, thus supporting the trial court's summary judgment order on behalf of the former Indiana Supreme Court Justice). ' The Seventh Circuit's holding in Berger should be compared to this term's Supreme Court decision in Lamb's Chapel v. Center Moriches School Dis- trict?^^ In Lamb's Chapel, the school board relied upon the Establishment Clause to refuse requests by plaintiffs to use school facilities after hours for a religious-oriented film series on Christian family values. Keywords: amendment; app; cir; city; clause; constitution; court; f.2d; government; indiana; indiana law; interest; law; n.e.2d; process; protection; public; right; school; speech; state; statute; supreme court; u.s
• Recent Developments in Indiana Corporation Law by Deer, Richard E. (1994) - Although legislative changes in Indiana corporation law in 1993 were modest, Indiana courts were confronted with several issues of interest to the practitioner resulting in some refinements and clarifications of existing law. ** Indiana courts recognize an exception to the rule when there is a breach of a duty owed specially to the stockholder separate and distinct from the duty owed to the corporation. Keywords: app; code; corporation; court; ind; indiana; law; n.e.2d; rule; trial
• Criminal Law and Procedure by Burke, Susan D.; Murphy, Donald S. (1994) - The court noted that verdicts must be based on the evidence presented, not the ability of jurors to remain awake and rational for thirty hours, and that trial courts must be careful not to let economic considerations outweigh the process of fairness. App. 1993) (in imposing enhanced sentence, trial court failed to particularly identify relevant aggravat- ing and mitigating factors, therefore case remanded for imposition of presumptive sentences or a particularized statement in support of aggravation). Keywords: app; code; court; criminal; defendant; felony; ind; indiana; indiana code; law; n.e.2d; right; section; state; trial
• Teacher Bargaining in Indiana: The Courts and the Board on the Road Less Traveled by Bingham, Lisa B. (1994) - L.J. 284, nn.1-3 (1975) for references on the turbulent debate concerning teacher bargaining and unsuccessful prior attempts to pass a bargaining law. TEACHER BARGAINING 995 required that the supervisory employee exercise authority over certificated school employees.^^ Keywords: act; app; bargaining; board; code; court; days; discussion; employees; employer; employment; ind; indiana; law; n.e.2d; public; relations; representative; school; school board; school corporation; section; subject; teacher
• Turning Point: The Foundering of Environmental Law and Policy in Indiana? by Blomquist, Robert F. (1994) - Case Law Developments During the 1993 survey period, Indiana state courts and federal courts, addressing problems that arose within Indiana, issued a number of opinions on a variety of interesting environmental and natural resources issues. A better legislative means for achieving the goal of greater rulemaking flexibility for state environmental boards in making changes of preliminary rules at the final rulemaking stage, while providing maximum opportunity for public input, would have been to create a rebuttable presumption of validity subject only to a clear and convincing showing by an aggrieved party that no reasonable public notice of the likely contents of the final rule was made by the board at a stage of the rulemaking proceeding when the aggrieved party could have presented substantial information that may have modified the final outcome of the rule. Keywords: act; board; code; court; environmental; epa; general; idem; indiana; law; new; note; npdes; permit; pollution; prevention; program; state; supra; waste; water
• Indiana Family Law 1993: Much Ado About Some Things by Soshnick, Andrew Z. (1994) - 4. Tax Dependency Exemptions.—The Commentary expands discussion of a trial court's authority to order a custodial parent to assign tax dependency exemptions to a noncustodial parent pursuant to I.R.C. § 152(e).*^ The Commentary embodies prevailing practice by suggesting that trial courts may wish to have the custodial parent execute I.R.S. Form 8332 on an annual basis upon verification that a child support obligor is current in his obligation at the end of the year.*^ Transportation Costs.—The Commentary expressly states that trial courts should not automatically order noncustodial parents to bear the entire cost of transportation related to visitation/^ The geographic distance between the parties and their respective financial resources are among the factors relevant to the apportionment of these costs. ''^^ 6. Keywords: appeals; child support; code; commentary; court; custody; father; guidelines; indiana; indiana child; indiana court; law; n.e.2d; trial court
• Changes in Health Care Law in 1993 Bring New Challenges for Providers by Moore Haycox, Rolanda (1994) - Indiana health care providers and lawmakers are not waiting for national health reform: they have decided that the time for change has arrived. Id. 1 994] HEALTH CARE LAW 1 1 37 B. Boren Amendment The five-year battle over the validity of the rules used to determine Medicaid reimbursement for nursing facilities has also come to a rest. Keywords: act; care; court; department; health; health care; hospital; indiana; law; medicaid; medical; n.e.2d; rate; review; services; standard; state; statute
• Survey of Indiana Trade Secret Law: UTSA Survives an Eleventh-Year Scare by Reeves, Charles R. (1994) - Some indication of the unanimity of the Indiana Supreme Court on these issues is seen in tbe fact that all Justices concurred without opinion. Rather, the intent is to report on an exciting survey period for Indiana trade secrets law. Keywords: amoco; co.; court; indiana; information; laird; law; n.e.2d; secret; trade
• Survey of Recent Labor and Employment Law Developments for Seventh Circuit Practitioners by Baker, Tim A. (1994) - '^ This finding was based on evidence that other employees were not similarly disciplined for rules violations and that the plaintiffs supervisor manufactured a final verbal confrontation with the plaintiff in order to provoke him into threatening the supervisor.^ The district court nevertheless found in the employer's favor, concluding that, although the plaintiff had proven a systematic attempt to terminate him, there was no proof of racial motivation rather than something innocuous such as a personality conflict. In connection with his employer's downsizing in mid- 1989, the plaintiff and other employees in Stromberger were offered a voluntary severance plan to encourage them to find employment elsewhere. Keywords: act; case; circuit; company; court; decision; discrimination; employee; employers; employment; evidence; f.2d; health; indiana; issue; labor; law; leave; period; plaintiff; u.s.c; union; work
• 1993 Developments in Indiana Property Law by Krieger, Walter (1994) - Indiana courts have noted that, except for the statutory periods, the elements necessary to establish a prescriptive easement and those need to acquire title to the land of another by adverse possession are virtually identical. Indiana courts continue to repeat this no duty to repair rule. Keywords: app; code; contract; court; estate; ind; indiana; law; n.e.2d; party; property; trial court; use
• Indiana Tort Law Review 1993 by Booker, Frank E. (1994) - ^ Roughly a decade ago, Indiana's legislature crossed the Rubicon, leaving the land of common law negligence to enter the territory of Comparative Fault.^ To the distress of those who attempt to predict outcomes in Indiana tort law, it is far from clear how much crossed over, and how much was left to dwell in the classic territory of former Indiana common law. Indiana law regarding punitive damages was significantly affected this survey year by the Indiana Supreme Court decision in Miller Brewing Co. v. Best Beers of Bloomington, Inc., 608 N.E.2d 975 (Ind. 1993). Keywords: act; cases; court; defense; indiana; law; n.e.2d; plaintiff; risk
• Back Matter by Law Review, Indiana (1994) - Neal 809,812 Price V. State 888, 890, 980-83, 987 Production Stamping Corp. v. Maryland Casualty Co. 821-23 Progressive Casualty Insurance Co. V.Morris 1180-81 XVI INDIANA LAW REVIEW V. Indiana Educ. Keywords: american; ass'n; bank; board; city; co.; community; corp; corporation; county; court; developments; education; employment; federal; inc; index; indiana; indiana law; insurance; law; review; school; state; trustees; united
• Front Matter by Law Review, Indiana (1994) - Melissa S. York Associate Editors Brian L. Burdick Gina M. Hicklin R. Trevor Carter John Hakes Elizabeth Cierzniak R. Scott Lewis Amy Corsaro Ginger Mosier Ringenberg Angela Craney Candace L. Sage Doreen J. Gridley Editorial Assistants Mary Deer Katherine S. Dwyer Kathryn Janeway Kimberly Jekel Deborah A. Snyder Faculty Advisor Debra A. Falender Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Send all correspondence to Editorial Assistant, Indiana Law Review, Indiana University School of Law—Indianapolis, 735 W. New York Street, Indianapolis, Indiana 46202. Keywords: a.b; college; indiana; indiana university; indianapolis; j.d; law; new; professor; review; school; university
• Partners As Common Law Employees by Gingiss, Randall J. (1994) - The relationship among law partners differs markedly from that between employer and employee—including that between the partnership and its associates. The relationship among law partners contemplates that decisions important to the partnership normally will be made by common agreement ... or consent among the partners. Keywords: act; compensation; court; discrimination; employee; employment; entity; firm; issue; law; ofthe; partnership; plans; rupa; status; theory; title
• A Proposal to End Jurisdictional Competition in Parent /Non-Parent Interstate Child Custody Cases by Clark, Megan E. (1994) - 14 This Note focuses on jurisdictional uncertainty in child custody cases, which exists because states follow non-uniform interpretations of the Acts. (c) The general purposes of sections 6 to 10 of this Act ... are to — (1) promote cooperation between State courts to the end that a determination of custody and visitation is rendered in the State which can best decide the case in the interest of the child; (2) promote and expand the exchange of information and other forms of mutual assistance between States which are concerned with the same child; (3) facilitate the enforcement of custody and visitation decrees of sister States; (4) discourage continuing interstate controversies over child custody in the interest of greater stability of home environment and of secure family relationships for the child; (5) avoidjurisdictional competition and conflict between State courts in matters of child custody and visitation which have in the past resulted in the shifting ofchildrenfrom State to State with harmful effects on their well-being; and (6) deter interstate abductions and other unilateral removals of children undertaken to obtain custody and visitation awards. Keywords: act; ann; cases; child; child custody; children; court; custody; deboer; forum; interests; jurisdiction; law; non; note; ofthe; parent; pkpa; rights; state; supra; uccja
• Stephens v. Miller: Restoration of the Rape Defendant's Sixth Amendment Rights by Dillman, Lisa M. (1994) - The purpose of this Note is to examine the legal and social dynamics of the current applications of rape victim shield statutes. [T]he desire to shield rape victims from harassment must yield in certain cases to another vital goal, the accused's right to present his defense. Keywords: court; defendant; evidence; interests; law; rape; rape shield; shield statutes; state; statute; stephens; victim
• Sister-State Recognition of Valid Same-Sex Marriages Baehr v. Lewin—How Will It Play in Peoria? by Sage, Candace L. (1994) - Statutes that declare certain marriages void or impose criminal sanctions on those attempting to contract such marriages, as well as widely applied common law prohibitions (such as those against incest and polygamy), are indicative of the strong public policy ofa state. 43 It noted that South Dakota marriage law cannot properly be held to apply to marriages contracted in other states, legal and valid where contracted, and where, as in this state, there is no provision in our Code authorizing our courts to declare such marriage legally contracted in another state void in this 34. Keywords: court; law; laws; marriage; ofthe; parties; policy; recognition; residents; sex; sex marriage; state; statute
• Front Matter by Law Review, Indiana (1995) - Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Indiana Law Review, Indiana University School of Law—Indianapolis, 735 W. New York Street, Indianapolis. Keywords: a.b; college; indiana; indiana university; indianapolis; j.d; law; new; professor; review; school; university
• Symposium: Then, Now and into the Future: A Century of Legal Conflict and Deveolpment by Wilkins, Lawrence P. (1995) - Two ofmy colleagues will relate some of the local history; the beginnings of this law school; and the contributions of the school over the years to legal education, law, and society. In the context of various fields of law they will discuss principles of logic, policy, and precedent—of fairness, equality, efficiency and justice—in personal and shared interactions with past events. Keywords: century; indiana; law; school; scott; twain
• Introduction by Piscione, Ann Marie (1995) - Professors Polston and Harvey, both members of the Centennial Committee, were responsible for discovering the class composites which helped to pinpoint the founding date ofthe Law School. Indiana Law Review Indiana Law Review Volume 28 1 995 Number 2 Introduction Ann Marie Piscione* The idea for this Symposium was born over a year ago at the first meeting of the Centennial Committee. Keywords: law; professor; school; symposium
• Fragments From Our Fleece: Vignettes From 100 Years in a Great Law School by Harvey, William F. (1995) - Charles Warren Fairbanks Indiana Law School Faculty Member 1893-1896 Vice President of the United States 1905-1909 United States Senator 1897-1904 Charles Warren Fairbanks was born in 1 852 in a small log house on an Ohio farm near Unionville, Ohio. If it were not for Dean Rohbach, there would be no Indiana Law School. Keywords: class; court; dean; faculty; indiana; indiana law; indianapolis; judge; law; law school; school; states; student; united; university; william; years
• A Short History of Hearsay Reform, with Particular Reference to Hoffman v. Palmer, Eddie Morgan and Jerry Frank by Ariens, Michael (1995) - See also Letter from Jerome Frank to Charles E. Clark (July 6, 1942) (Frank Papers, supra note 1 10, at Box 120, Folder 1 158), in which Frank writes: As I've told you before, I then said to Gus and Learned (before you knew anything about their views) that I thought I should ascertain how Harrie would view the matter and that, if he agreed with you, the decision should go your way, as then Tom A collection of Frank's writings is A Man's Reach: The Philosophy of Judge Jerome Frank (Barbara Frank Kristein ed., 1965). Keywords: box; business; case; clark; code; committee; court; evidence; folder; frank; hearsay; hoffman; jerome; jerome frank; jury; law; letter; morgan; needle; opinion; papers; reform; rules; statement; supra note; trial; wigmore
• Looking Backward, Looking Foreward: A Century of Legal Change by Friedman, Lawrence M. (1995) - The 1890s, then, were boom times for law schools. The students who went to law schools in those days were, of course, almost exclusively men, and almost exclusively white; and primarily good old-fashioned north European Protestants. Keywords: american; century; change; course; history; indiana; law; new; people; review; rights; schools; time; way; world; years
• Balancing Acts: Crisis, Change, and Continuity in American Family Law, 1890-1990 by Grossberg, Michael (1995) - Indiana Law Review Balancing Acts: Crisis, Change, and Continuity in American Family Law, 1890-1990 Michael Grossberg' Introduction The Symposium to celebrate Indiana University School of Law at Indianapolis' s Centennial has given me an opportunity to think broadly about family law over the last hundred years. Asked to compare family law in the 1890s and 1990s, I am struck by obvious parallels. Keywords: american; balance; children; court; custody; custody law; debate; divorce; era; families; family law; fathers; individual; law; marriage; marriage law; mothers; new; note; parents; public; regulation; relations; rights; state; support; supra; supra note; women
• The Warren Court: Yesterday, Today, and Tomorrow by Hall, Kermit L. (1995) - [Vol. 28:309 In many ways, this strain of Warren Court commitment—to the reconciliation of professed values with behavior—did more than anything else to stir the ire of its critics, many of whom believed that they were being blamed for having benefitted from such hypocrisy. In Historical Perspective Current fashion among many Warren Court scholars holds that its Justices did less than we would have supposed, that in the end it was little different from either its successors or predecessors, and that what achievements it did earn turn out not to have been as significant as once believed. Keywords: american; brennan; chief; decisions; history; justices; law; majority; new; note; public; rights; state; supra; supreme; supreme court; time; u.s; warren court
• Why the Nuisance Knot Can't Undo the Takings Muddle by Halper, Louise A. (1995) - A continuing theme in the South Carolina cases is that courts, though willing to adjudicate property rights ofprivate parties, did not consider as within the judicial sphere decisions as to what kind of private land use was in the public interest. THE TAKINGS MUDDLE 35 1 affected the judicial premise that the legislature had the power to weigh the public interest in private land uses, at least not in South Carolina. Keywords: carolina; court; epstein; land; law; lucas; note; nuisance; police; power; property; public; rights; south; state; supra; takings; use
• One Hundred Years of Modern Legal Thought: From Langdell and Holmes to Posner and Schlag by Minda, Gary (1995) - The proliferation of multicultural legal criticism has refocused legal studies on the importance of understanding how culture shapes and influences the values, beliefs, and thoughts of legal subjects. 135 The second dilemma concerns how the rhetorical form of legal reasoning makes it difficult for legal subjects to inquire into the hidden assumption of the autonomous subject. Keywords: american; criticism; culture; discourse; holmes; jurisprudence; langdell; law; legal; modernism; new; posner; postmodernism; pragmatism; problem; rev; schlag; scholars; studies; subject; supra note; theory; thought
• Law and Endangered Species: Is Survival Alone Cause for Celebration? by Schlegel, John Henry (1995) - At the same time rejecting the offer and traveling down another road, a road like the one I have sketched out, away from understanding law practice as rule application and toward law practice as problem solving using rules and many other things, should be done with caution. 1 995] LAW AND ENDANGERED SPECIES 393 educational development of a professional is a process that begins before law school and continues throughout practice. Keywords: american; bar; education; knowledge; law; law school; lawyers; maccrate; practice; problem; profession; report; school; skills; students; task; theory; time; values
• Medical Malpractice Acts' Statutes of Limitation as the Apply to Minors: Are they Proper? by DeVries, Scott A. (1995) - App. 1 989) (stating that the discovery rule did not apply to medical malpractice statute of limitations, and that the limitation period began to run from the date of the alleged act, omission or neglect). 15. 212 As noted in Mominee, several other jurisdictions have upheld similar due process challenges to medical malpractice statutes of limitation as applied to minors. Keywords: age; children; claims; court; indiana; insurance; law; limitation; malpractice; malpractice statute; medical; medical malpractice; minors; n.e.2d; note; protection; rohrabaugh; state; statute; supra; supra note; tort
• Proposal for a "Lawful" Public School Curriculum: Preventive Law From a Societal Perspective by Van Dorn, Patricia L. (1995) - Chief Justice Burger quoted Tinker with approval, I wish therefore, ... to disclaim any purpose ... to hold that the Federal Constitution compels the teachers, parents, and elected school officials to surrender control of the American public school system to public school students. Pupil Profile.—The school has been called the microcosm of society;6 in addition, a significant part of the American citizenry is composed of school children. Keywords: authority; children; community; court; curriculum; education; government; justice; law; note; program; public; rights; school; self; state; students; supra; teachers; tort; u.s; values
• Front Matter by Law Review, Indiana (1995) - Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. B.A., Western Michigan Univer- sity; M.L.S., Indiana University; J.D., Indiana University School of Law — Indianapolis. Keywords: a.b; address; college; indiana; indiana university; indianapolis; j.d; law; new; professor; review; school; university; york
• Introduction: Nationalism, Identity, and Law by Friedman, Lawrence M. (1995) - In fact, as Daniel Moynihan put it, nation states no longer go to war with each other, but ethnic groups fight all the time.' Ethnicity has its impact short of war as well: It is an issue that disturbs domestic peace in country after country—not least of all, the United States of America. That is precisely the dilemma of all the identity components in a pluralist society: races, ethnic groups, religious groups, gender groups, the handicapped, students, prisoners, sexual minorities, and so many others. Keywords: american; countries; culture; groups; identity; law; modem; nationalism; world
• Identity as Idiom: Mashpee Reconsidered by Carrillo, Jo (1995) - MASHPEE RECONSIDERED 531 Milun were right to say that Mashpee Indian culture was in many ways significantly different from mainstream culture, it was not, at least in this case, irreconcilably so. In 1871, Mashpee Indian residents still held most of the acreage in Mashpee. ' Keywords: act; american; american indian; campisi; cases; court; culture; defendants; evidence; federal; identity; indian; land; law; mashpee; mashpee indian; mashpee tribe; mazer; new; non; nonintercourse; property; rights; states; supra note; time; town; tribal; tribe; u.s; united
• The Logic of the Modern Nation-State and the Legal Construction of Native American Tribal Identity by Perry, Richard Warren (1995) - This Article will focus upon the specific conceptualization of Indian tribe that structures federal recognition as a genre of legal discourse, and upon how the law's ethno-racial conception of Native American collective identity functions to normalize'^ entire populations, under the modem civic nationalism of American legal culture. [hereinafter Genocide, colonization, and Resistance] (discussing the appropriation of the definition of Indian identity by the United States). Keywords: "^^; american; anderson; clifford; community; culture; federal; gellner; habermas; history; identity; ignatieff; indian; judt; language; law; modem; narrative; nationalism; native; new; ofthe; process; recognition; rev; state; supra note; tribal; tribe; united; world
• New Skin, Old Wine: (En)gaging Nationalism, Traditionalism, and Gender Relations by Obiora, L. Amede (1995) - Part Three illuminates the tortuous trajectory and instrumentality of the extant melange known as customary law. This Part also challenges the celebration of customary law as the quintessence of an ancestral past. Keywords: african; colonial; court; culture; custom; eds; evidence; family; gender; history; husband; law; marriage; nationalism; nig; nigeria; ofthe; past; property; ranger; relations; rep; rules; supra note; tradition; wife; women
• Actually Shutting Down the Virtual Multistate Corporation by Weiss, Michael D. (1995) - The prevalence of strict state regulation, especially when dealing with small and out-of-state businesses, leads to a very strong conclusion that state agencies participate in regulation that protects local, or larger and more influential businesses by preventing others from competing effectively.'^^ The Legal Services Revolving Fund was created in the state treasury for legal services provided by the AG to other state agencies. Keywords: agencies; agency; ags; ann; attorney; behavior; clause; code; commerce; companies; company; congress; corporations; costs; court; enforcement; eule; federal; ftc; fund; general; interest; interstate; law; laws; moneys; multistate; national; niskanen; ofthe; policy; practices; public; regulation; rev; review; state; state companies; state law; state treasury; statute; supp; supra note; trade; u.s; virtual
• Toward a Bioethics Of Compassion by Cohen, Michael H. (1995) - Essentially, MFPR helps such patients bear healthy babies by reducing the number of embryos — e.g., arranging for destruction of excess embryos.^' Typically, the selected embryos are terminated by injecting potassium chloride into their hearts. ^^ Many physicians were caring, sensitive, and emotionally responsive to patients; others followed a more detached, objective, institutional model. Keywords: bioethics; body; care; compassion; consciousness; death; experience; know; law; life; mattie; medical; medicine; note; patient; person; physician; right; supra; surgery
• There Goes the Neighborhood: Notifying the Public When a Convicted Child Molester is Released Into the Community by Cierzniak, Elizabeth Kelly (1995) - By mid- 1994, five more states had adopted measures which opened sex offender registries to public scrutiny,'^ and Congress had enacted legislation that authorized law enforcement officials in every state to release information that is necessary to protect the public from child sex offenders. Part I provides an overview of state and federal legislative solutions to tracking child sex offenders. Keywords: ann; child; code; community; court; criminal; enforcement; federal; information; law; molester; note; notification; offender; p.2d; privacy; public; punishment; registration; release; rev; sex; sex offender; state; statute; supp; supra; u.s; washington; west; west supp
• The Immunity of Intangible Assets from a Writ of Execution: Must We Forgive our Debtors? by Gridley, Doreen J. (1995) - Thus, the immunity of intellectual property assets from a writ of execution results in special treatment of intellectual property, which appears to 9. One entity may be less likely to engage in a business relationship with another entity having intellectual property assets as its primary assets. Keywords: action; assets; court; execution; f.2d; judgment; judgment creditor; judgment debtor; law; lien; patent; proceedings; property; property rights; rights; sale; states; u.s; writ
• Front Matter by Law Review, Indiana (1995) - Worker's Compensation 1994 Survey of Recent Developments in Worker's Compensation G. Terrence Coriden DanielFoote 1141 ARTICLE The Merits of State Action Immunity to Promote Hospital Collaboration: Report of the Hospital Antitrust Task Force to the Indiana State Department of Health Eleanor D. Kinney Lisa Clark Copp Marcia Gonzales 1169 REPORT Report of the Debtor-Creditor Committee of the Indiana State Bar Association Reporting on and Recommending Adoption of INDIANA UNIFORM FRAUDULENT TRANSFER ACT Introduction by Bruce A. Markell 1 195 Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Indiana Law Review, Indiana University School of Law—Indianapolis. Keywords: a.b; bruce; college; developments; indiana law; indiana university; indianapolis; j.d; law; new; professor; review; school; state; townsend; university; university school
• On Lawyers and Writing: Pass the Constitutional Mustard, Please by Shepard, Randall T. (1995) - Notwithstanding the preeminence of written communication skills among the tools of our craft, however, we too often think of finely- tuned written work product as more luxury than necessity. When asked whether they had learned writing while in law school, the Illinois lawyers gave dramatically different answers, such as: Chicago-Kent 67% John Marshall 44% Chicago 20%2« The annual Survey issue of this journal shows a commitment by the school and its students to continuing scholarship and to written expression. Keywords: boshkoff; hand; ideas; law; lawyers; legal; scribes; words; writing
• Recent Developments in Indiana Criminal Law and Procedure by Miller, Gary L.; Rota-Autry, Kelly (1995) - the court reiterated long standing constitutional principles when it acknowledged that [t]he principle ofthe supremacy of federal law over state law prohibits Indiana courts fi*om placing limitations on individual rights found to exist under the Federal Constitution by the United States Supreme Court; we may, however, impose higher standards on searches and seizures than required by Federal Constitution ifwe choose to do so.'^^ The General Assembly also increased the penalty for incest from a class D to a class C felony^* and changed the child solicitation crime to a class D felony, rather than a class A misdemeanor.^^ There were several changes in the child hearsay statute, which determines whether out-of-court statements or video tape may be admitted as substantive evidence in criminal trials. ^^ Keywords: app; court; criminal; defendant; evidence; ind; indiana; judge; jury; law; n.e.2d; officer; person; police; search; state; statute; trial; trial court
• 1994 Federal Civil Practice and Procedure Update for Seventh Circuit Practitioners: A Year of Adjustment by Maley, John R. (1995) - In this respect the decision is unremarkable, but it provides a good summary of Seventh Circuit standards for Rule 41(b), including: (1) Rule 41(b) dismissals are reviewed for abuse of discretion, with the district court's findings of fact reversed only if clearly erroneous.^^ (2) The Seventh Circuit presumes . . . * In line with prior Seventh Circuit authority holding that consent to a magistrate under 28 U.S.C. § 636(c) must be on the record and unequivocal,^ the court held that the judgment had to be vacated and the action remanded to an Article III district judge. Keywords: case; circuit; court; defendant; district; district court; federal; indiana; judge; judgment; jurisdiction; law; motion; plaintiff; rule; summary
• In Search of Accountability: The Legislative Re-Invention of Environmental Law and Policy in Indiana by Blomquist, Robert F. (1995) - [Vol. 28:913 RCRA's hammer provisions'^—sets forth numerous specific deadlines and requirements for IDEM review and action on various state environmental permits.' ' For purposes of calculating the time period for IDEM action on environmental permits, the time: ( 1 ) begins on the earlier of the date: (A) an application and any required fee is received and stamped received by the department; or (B) marked by the department on a certified mail return receipt accompanying an application and any required fee; and (2) ends on the date a decision is issued to approve or deny the application Id. 3 3 . Keywords: 417; act; agency; air; applicant; application; assembly; audit; board; code; commissioner; court; environmental; federal; general; idem; ind; indiana; indiana law; law; legislation; management; note; permit; policy; pollution; program; public; report; review; solid; state; supp; supra; time; waste; water
• Health Care Law: A Survey of 1994 Developments by Render, John R.; Hogan, James B.; Selby, Todd J. (1995) - The 1994 Policy Statements include guidance in the following areas: (1) mergers among hospitals; (2) hospital joint ventures utilizing high technology or other expensive health care equipment; (3) hospital joint ventures involving specialized clinical or other expensive health care services; (4) providers' collective provision of non-fee-related information to purchasers of health care services; (5) providers' collective provision of fee-related information to the purchasers ofhealth care services; (6) provider participation in exchange of price and cost information; (7) joint purchasing arrangements among health care providers; (8) physician network joint ventures; and (9) analytical principles regarding multiprovider networks. '^^ Charity care is defined as the unreimbursed cost to a hospital ofproviding, funding, or otherwise financially supporting health care services to patients seeking medical services at such hospital.' Keywords: care; committee; court; health; health care; hospital; indiana; law; medicaid; medical; patient; physician; provider; rate; review; services; state
• Recent Developments in the Indiana Law of Product Liability by Caress, Timothy C. (1995) - Substantial Alteration; Open and Obvious Danger Rule; Incurred Risk; Product Warnings In Schooley v. Ingersoll Rand, Inc.^^ the Indiana Court of Appeals for the Fourth District addressed several important issues pertaining to Indiana products liability law. While the number of opinions addressing product liability issues was relatively small, several important decisions are worthy of Survey coverage. Keywords: app; court; defendant; indiana; law; liability; manufacturer; n.e.2d; plaintiff; product; product liability
• 1994 Developments in Property Law by Krieger, Walter W. (1995) - Therefore, the judgment was affirmed.^^ D. Jurisdiction Limit ofSmall Claims Court In Indiana, small claims courts have original and concurrent jurisdiction over landlord-tenant disputes.^'' Thus, the exclusion clause did not apply and Century 21 was entitled to its commission, court costs, and attomeys' fees.^^ Keywords: app; care; contract; court; damages; easement; ind; indiana court; landlord; law; n.e.2d; premises; property; tenant; trial court; use
• Recent Developments under the Indiana Constitution by Waples, Richard A. (1995) - With few exceptions, Indiana courts have granted considerable deference to the other two branches of state government, aligning with the state and against the individual. '^ Thus, Indiana courts should focus on the actual operation of the statute at issue and refrain from speculating about hypothetical applications. . . . Keywords: article; constitution; court; indiana; indiana constitution; justice; law; n.e.2d; price; right; section; speech; state; statute; u.s
• Survey of Tort Law Developments in 1994: The Good, The Bad, and The Ugly by Wirick, Andrew P.; Waldron Piscione, Ann Marie (1995) - The trial courts and courts of appeals held that jail officials were shielded from claims that they had negligently failed to prevent the suicides under section 3(7). '' ' '^ Since this substantial equivalent was available, courts declined to recognize the existence of a separate tort remedy for the failure of an insurer to act in good faith. Keywords: act; app; claim; court; damages; duty; ind; indiana; insurance; law; liability; n.e.2d; plaintiff; relationship; rule; statute; supreme; tort
• 1994 Survey of Recent Developments in Worker's Compensation by Coriden, G. Terrence (1995) - Four Star contended that evidence did not support the determination that there was a causal relationship between Barrett's injury and his employment, but that Barrett had merely suffered an unrelated accident at home.^*^ Section 22-3-2-2 ofthe Indiana Code grants compensation to employees for personal injury or death by accident arising out of and in the course of employment. However, if agricultural production continues to evolve from a family-oriented activity to a capital-intensive industry increasingly dominated by agribusiness, will the reasonable relation of section 22-3-2-9(a) to the class of farm employers be eroded? Keywords: act; app; code; compensation; compensation act; court; employees; employer; employment; farm; indiana; injuries; injury; law; n.e.2d; perry; section; worker
• Report of the Debtor-Creditor Committee of the Indiana State Bar Association Reporting on and Recommending Adoption of INDIANA UNIFORM FRAUDULENT TRANSFER ACT by Markell, Bruce A. (1995) - The intent of the Report was to provide guidance not only on the existing state of Indiana fraudulent transfer law, but also on the changes the UFTA would bring. In addition, statutory provisions relating to redemptions and dividends under the Indiana Business Corporation Law supplement fraudulent transfer law by defining when such transfers or distributions may be made. Keywords: act; asset; bankruptcy; bankruptcy code; co.; code; code section; creditor; debtor; definition; fraudulent; ind; indiana; indiana code; indiana law; insolvency; intent; interest; law; obligation; property; section; transfer; ufca; ufta; uniform; value
• Back Matter by Law Review, Indiana (1995) - v. Kuhlmeier Head v. State Heck V. Robey Helm V. Resolution Trust Corp 1138-39 464-65 813 851 27-28 1092 485, 492 990 1105 909 Helton V. State 844, 846-47, 1077-78 Henson v. CSC Credit Svcs. 886, 888 Heydon v. Heydon 24 Hiatt V. Indiana State Student Assistance Comm'n 872 Hishon v. King & Spalding 3 1 Hoffman v. Palmer 185, 191, 195, 200, 204,208-09,211-13, 215,218-19,222,224,226 Hogan V. Review Bd. of Ind. 994-96 Trustees Holland v. Miami Systems, Inc. Hook's-SuperX, Inc. v. McLaughlin Hopping V. State Homaday v. State Hospital Building Co. Peerman v. Georgia-Pacific Corp. 1010-11 Pennsylvania Coal Co. v. Mahon 342 Perry v. State 833 Perry v. Stitzer Buick GMC, Inc. 1147-48, 1152,1155 Pike V. Bruce Church, Inc. 648-49, 656 Plessy V. Ferguson 264, 268 Pollution Control Indus, of America v. Van Gundy 893 PRC Realty Systems, Inc. v. National Ass'n of Realtors, Inc. 777 Price V. State 825-27, 1068-72, 1077, 1087 Pries V. Honda Motor Co. 903, 1008 Prince v. Commonwealth of Mass. 77 Professional Adjusters, Inc. V. Tandon 1016 Pruitt V. State 843 Quackenbush V. Lackey 1097-1098, 1100 Quilloin v. Walcott 78 R Raber v. State 839-40 Radford v. State 825, 1071-72 Randolph v. City of Springfield 428 1995] INDEX XV Rasmussen v. Trico Feel Mills 28 Reboy v. Cozzi Iron & Metal, Inc. 1151 Reebok Int'l Ltd. v. Mamatech Enters., Inc. 779 Reedv. Keywords: american; bank; city; co.; comm'n; corp; dep't; developments; inc; index; indiana; indiana law; law; new; revenue; review; school; state; survey; united
• Front Matter by Law Review, Indiana (1995) - B.A., Western Michigan Univer- sity; M.L.S., Indiana University; J.D., Indiana University School of Law — Indianapolis. Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Keywords: a.b; college; indiana; indiana university; indianapolis; j.d; law; new; professor; review; school; university
• By What Right?: The Sources and Limits of Federal Court and Congressional Jurisdiction Over Matters "Touching Religion" by Destro, Robert A. (1995) - In her view, the Court's function in religious liberty cases is to strike sensible balances^^' between the religious liberty of some individuals and the competing interests of others, including the state. Application of rules developed for equal protection cases involving de jure discrimination would yield results in a number of religious liberty cases that would be quite interesting. Keywords: amendment; analysis; article; authority; brennan; case; citizens; clause; congress; constitution; court; establishment; establishment clause; exercise; exercise clause; fourteenth; fourteenth amendment; free; freedom; government; issue; jurisdiction; justice; law; laws; liberty; monthly; norms; opinion; power; process; protection; question; religion; religion clause; respect; review; rights; section; smith; state power; states; structural; supreme court; texas; text; u.s; united; united states
• Punitive Damages Are a Necessary Remedy in Broker-Customer Securities Arbitration Cases by Reder, Margo E. K. (1995) - This Article addresses important and recurring questions regarding the availability of punitive damages awards in securities arbitrations and, to a lesser extent, other arbitrations. Under this provision, the brokerage firm hopes that by inserting a choice of law clause naming a state that bars punitive damages awards, it will not be liable for such awards, despite arbitration forum rules that may allow this relief. Keywords: agreement; arbitration; arbitrators; award; cir; clause; court; damages; f.2d; faa; inc; law; mastrobuono; new; parties; review; rules; securities; securities arbitration; state; u.s; york
• The Link Between Private and Public Single-Sex Colleges: Will Wellesley Stand or Fall with the Citadel? by Cooper-Boggs, Karla (1995) - Therefore, the Citadel's admission policy was found to be in violation of the Equal Protection Clause, and the court ordered the Citadel to allow Faulkner to enter the Corps of Cadets in August of 1995, unless it could develop and implement a court approved alternative program for women in South Carolina.^^ After the Court of Appeals' ruling, the Citadel and the state of South Carolina contributed ten million dollars to Converse College, a private all-women's college in Spartanburg, to create the South Carolina Institute of Leadership for Women. Parts III, IV and V will focus on three legal theories which could be used to challenge the legality of the admissions policies of private women's colleges: The Equal Protection Clause, the tax-exempt status of private colleges, and the Commerce Clause. Keywords: admissions; case; citadel; clause; college; commerce; court; education; faulkner; law; note; policy; public; school; sex; state; supra; vmi; women
• Regulating Hate Speech and the First Amendment: The Attractions of, and Objections to, an Explicit Harms-Based Analysis by Turner, Ronald (1995) - The actual and potential effects of hate speech assume critical importance and should be the subject of explicit discussion by those who write the laws and rules regulating hate speech as well as the courts engaged in the review of the constitutionality of hate speech regulations. As any definition of hate speech may tend to prejudice the discussion, shape or predetermine the outcome, or utilize terms laden with subjectivity, the reader should consider the following definitions and concepts. Keywords: amendment; american; analysis; approach; basis; black; cause; conduct; content; court; delgado; expression; fighting; freedom; government; harms; hate speech; indiana; interest; law; nigger; note; ordinance; professor; protection; public; question; race; racist; regulation; rev; review; rights; society; speech regulation; state; supra; supra note; u.s; university; viewpoint; vol; words
• Fight or F . . and Constitutional Liberty: An Inmate's Right to Self-Defense When Targeted by Aggressors by Robertson, James E. (1995) - [Vol. 29:339 A Bureau of Criminal Justice Statistics survey of state prison inmates found that 52.7% were accused of disciplinary offenses during the course of their confinement. Ohio Dep't of Rehabilitation and Correction, Inmate Disciplinary Manual 25- 26 (June 1993): Self defense: An inmate acting in self-defense does not have the required intent to be found guilty of a fighting charge (77-17, 85-43). Keywords: author; code; corrections; defense; dep't; disciplinary; force; hearing; inmate; law; letter; note; prison; right; self; staff; state; supra; supra note; target; use; violence
• Analysis of Indiana Tort Reform 1995: The Effects of House Enrolled Act 1741 by Hovde, Frederick R. (1995) - Enactments by the Indiana General Assembly relating to product liability are in derogation of the common law and must be strictly construed. 35 A. Comparative Fault Does Not Apply to Manufacturing Defect Actions (Strict Liability) Strict liability actions were preserved in manufacturing defect cases. Keywords: act; code; fault; ind; indiana; law; liability; n.e.2d; product
• Campbell v. Acuff-Rose Music Inc. : The Rap on Remedies by Toole, Jeff (1995) - See New Era Publications Int'l v. Henry Holt & Co., 873 F.2d 576, 582 (2d Cir. 1989) (recognizing that injunctions generally are granted to prevent copyright infringement); Salinger v. Random House, Inc., 81 1 F.2d 90, 96 (2d Cir.), cert, denied, 484 U.S. 890 (1987) (holding that if [a biographer] copies more than minimal amounts of (unpublished) expressive content, he deserves to be enjoined); Blackburn v. Southern California Gas Co., 14 F. Supp. See New Era Publications Int'l v. Henry Holt & Co., 873 F.2d 576, 582 (2d Cir. 1989) (recognizing that injunctions generally are granted to prevent copyright infringement); Salinger v. Random House, Inc., 81 1 F.2d 90, 96 (2d Cir.), cert, denied, 484 U.S. 890 (1987) (holding that if [a biographer] copies more than minimal amounts of (unpublished) expressive content, he deserves to be enjoined); Blackburn v. Southern California Gas Co., 14 F. Supp. Keywords: campbell; copyright; court; inc; infringement; interest; law; leval; license; note; original; public; u.s; use; work
• Front Matter by Law Review, Indiana (1996) - Foreign, $28 Student, $17 (4 issues) Single Issue, $8; Survey Issue, $17; Centennial Issue, $12 Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. B.A., Western Michigan Univer- sity; M.L.S., Indiana University; J.D., Indiana University School of Law- Indianapolis. Keywords: a.b; college; indiana; indiana university; indianapolis; j.d; law; ll.m; professor; review; school; university
• A Law Clerk and His Justice: What William Rehnquist Did Not Learn from Robert Jackson by Ray, Laura K. (1996) - Felix Frankfurter, Mr. Justice Jackson, 68 Harv. Walter F. Murphy, Mr. Justice Jackson, Free Speech, and the Judicial Function, 12 Vand. Keywords: case; chief; clerk; co.; court; decision; executive; general; government; history; indiana; jackson; justice; justice jackson; justice rehnquist; law; majority; memo; note; opinion; position; power; president; rehnquist; rev; review; role; roosevelt; states; supra; supra note; supreme court; time; u.s; united; views; vol; years; youngstown
• Sex, Sectarians and Secularists: Condoms and the Interests of Children by Tamayo, Yvonne A. (1996) - It is therefore only by utterly ignoring the reality of cultural coercion and bombardment that one could view public school condom programs as bombarding and coercive. See also Yoder, 406 U.S. at 205 (compulsory school attendance law violated Amish parents' right to direct religious upbringing of children); Pierce v. Society of Sisters, 268 U.S. 510 (1925) (law requiring public school attendance and prohibiting attendance at private parochial schools violated parental liberties); Meyer v. Nebraska, 262 U.S. 390, 399 (1923) (law prohibiting teaching of foreign languages to school children violated parental liberties). 79. Keywords: adolescents; aids; alfonso; children; condom; consent; court; curtis; education; health; law; n.y; new; parents; plaintiffs; program; public; school; sex; state; u.s; york
• The Fair Pay Act of 1994 by Hutchinson, Thomas N. (1996) - Francine G. Hermelin, Legislating Fair Pay; Proposed Fair Pay Act; 16th Annual Salary Survey: 1995, 20 WORKING WOMAN 34, 34 (1995). 205. § 4 (1963), reprinted in Equal Pay Act: Hearings on H.R. 3861 and Related Bills Before the Special Subcomm. Keywords: act; employees; employer; equal; jobs; law; legislation; note; occupations; pay; pay act; supra; supra note; system; title; u.s; wage; women; work; worth
• A State Statutory Privilege for Environmental Audits: Is It a Suit of Armor or Just the Emperor's New Clothes? by Scanlon, Michael T. (1996) - Id. at 4 The [agency] will not, as a matter of routine procedure, request, inspect or seize environmental audit reports from regulated entities which have conducted environmental audits in good faith, except in the event that the [agency] reasonably believes that there is probable cause that a violation of the criminal law has been or is being committed and that such materials are evidence of the commission of a gross misdemeanor or felony. (disclosure of environmental audit reports for nongovernmental entities cannot be compelled by the government); Keywords: ann; audit; audit report; code ann; compliance; entity; environmental; information; law; michie supp; note; policy; privilege; report; rev; stat; statute; supp; supra; violation; west supp
• The Supreme Court Assaults State Drug Taxes with a Double Jeopardy Dagger: Death Blow, Serious Injury, or Flesh Wound? by Todd Jr., Charles K. (1996) - The proposed revisions to state drug tax statutes emphasize the terminology and elements that have caused constitutional conflict, especially in reference to a double jeopardy attack. Due to constitutional attacks, specifically the double jeopardy attack set forth in Kurth Ranch, careful construction of state drug tax statutes will determine whether they survive judicial scrutiny. Keywords: court; drug; drug tax; indiana; jeopardy; kurth; kurth ranch; law; note; ranch; revenue; state; state drug; substance; supreme; tax; taxes; u.s; united
• Front Matter by Law Review, Indiana (1996) - It was closed when Indiana University purchased the Indiana Law School in 1944. Domestic Relations, Survey ofRecent Developments in Indiana Law. Keywords: a.b; assistant; college; dean; developments; faculty; garfield; history; illinois; indiana law; indiana university; indianapolis; j.d; law; law review; law school; new; polston; professor; review; ronald; school; time; university; university school; year
• Why Law Review Survey Issues Are a Good Idea by Shepard, Randall T. (1996) - 3 These have been advantageous opportunities to place in print ideas about where we Indiana lawyers are heading. Randall T. Shepard, Indiana Law, the Supreme Court, and a New Decade, 24 IND. Keywords: indiana; issue; law; lawyers; review; survey
• Judicial Developments in Corporations, Contracts, and Commercial Law by Galbraith, Brad A. (1996) - Failure to use Indicator of Corporate Status.—In Aronson, the trial court first concluded that the failure of the corporation to include an indicator of corporate status in its name as used on business cards and business forms in violation of Indiana Code section 23-1-23-1 n exposed corporate shareholders to 6. Although the supreme court concluded that the corporation was indeed in violation of Indiana Code section 23-15-1-1, 15 the court also concluded that such a violation is insufficient to justify imposing personal liability on corporate shareholders. Keywords: business; court; indiana; law; n.e.2d
• 1995 Federal Civil Practice and Procedure Update for Seventh Circuit Practitioners by Maley, John R. (1996) - Because remand decisions are rarely reviewable, there is sparse Seventh Circuit law on the subject, therefore these decisions stand as strong precedent in Indiana federal courts. Appeals A. Docketing Statement During 1995, Seventh Circuit Rule 3(c) was amended to change the name of the initial jurisdictional statement filed with the notice of appeal to a new docketing statement. Keywords: appeal; circuit; court; district; federal; indiana; judge; law; plaintiffs; rule
• Recent Developments in Indiana Criminal Law and Procedure by Dimitri, James D.; Elfenbaum, Randi F.; Rowe, Jodi Kathryn (1996) - The court in Ashba held that a trial court may revoke a defendant's probation before the defendant commences the portion of a suspended sentence during which he 1 996] CRIMINAL LAW 86 1 revocation statute, held that trial courts may revoke a defendant's placement in a community corrections program even before the defendant enters the community corrections phase of the sentence. When a person is convicted of an offense under this chapter, [t]he court shall direct the clerk of court to notify the Indiana department of insurance. Keywords: class; code; conviction; court; defendant; evidence; indiana; law; n.e.2d; offense; person; state; trial; trial court
• Health Care Law: A Survey of 1995 Developments by Render, John C. (1996) - This settlement amount of $2,251,102 for Indiana hospitals, which includes some penalties, could amount to nearly $200 million of exposure under the False Claims Act. [Vol. 29:927 Organizations (JCAHO).3 While most Indiana hospitals are accredited by the JCAHO, some choose not to seek JCAHO accreditation. Keywords: act; care; claims; code; court; health; health care; hospital; indiana; law; malpractice; medicaid; medical; medicare; patient; physician; provider; rate; regulations; review; section; services; state; statute
• Survey of 1995 Developments in the Law of Professional Responsibility by McGoff, Kevin P. (1996) - The modifications to Indiana Admission and Discipline Rule 23 revise the composition of the Disciplinary Commission, provide a new sanction, empower the Executive Secretary to audit lawyer trust accounts, and facilitate the discipline of Indiana attorneys who are sanctioned on a license in foreign jurisdictions. 7 In the event of the dissolution of a partnership or professional corporation of attorneys, the attorneys must make written arrangements for the maintenance of the records required by this rule. Keywords: account; attorney; client; commission; court; funds; indiana; indiana supreme; law; lawyer; rule; supreme court; trust
• 1995 Developments in Property Law by Jolley, Mary G.; Morrison, Catherine M. (1996) - Indiana courts had not recognized the implied warranty of habitability in a residential lease until 1980. 60 Subsequently, Indiana courts recognized the existence of the implied warranty of habitability in a landlord and tenant context on a number of occasions. Keywords: agreement; app; code; court; damages; deposit; easement; ind; indiana; indiana court; landlord; law; lease; n.e.2d; property; security; statute; tenant; trial court
• Tort Law Reform (?) and Other Developments in Indiana Tort Law by Wirick, Andrew P.; Waldron Piscione, Ann Marie (1996) - [Vol. 29: 1097 extensively litigated in Indiana trial courts following passage of the Act. In 1979, the legislature passed Indiana Code section 31-6-6.1-9 that codified a common law presumption that a child born to a married couple was the child of the husband. Keywords: act; action; app; code; court; damage; fault; indiana; law; liability; n.e.2d; person; product; section; tort
• The Justification of Physician-Assisted Deaths by Beauchamp, Tom L. (1996) - Greg A. Sachs et al., Good Care of Dying Patients: The Alternative to Physician- Assisted Suicide and Euthanasia, 43 J. Am. Finally, I will treat forms ofjustification that have been offered for and against acts of physician assistance in dying. Keywords: acts; assistance; causal; cause; death; die; euthanasia; killing; law; letting; life; medical; note; patient; person; physician; refusal; suicide; supra; treatment
• The Golden Anniversary of the Choice of Law Revolution: Indiana Fired the First Shot by Yonover, Geri J. (1996) - 55 Based on the Hubbard facts which indicated that the place of tort was insignificant, the court applied the factors above and concluded that Indiana—the residence of both parties, place of manufacture of the allegedly defective product, and center of the relationship between the defendant and the plaintiffs decedent—had the more significant relationship and contacts,56 therefore compelling the application of Indiana law. It should be noted that application of Indiana law made it more difficult for the plaintiff to recover. Keywords: babcock; barber; choice; conflict; court; indiana; law; laws; n.e.2d; note; place; restatement; tort
• Back Matter by Law Review, Indiana (1996) - 695 Toole, Jeff, Campbell v. Acuff-Rose Music, Inc.: The Rap on Remedies 467 Welliver, Daylon L., When the Walls Come a 'Tumblin' Down: A Look at What Happens When Lawyers Sign Non-Competition Agreements and Break Them 729 1996] INDEX iii TITLE INDEX ARTICLES 1995 Developments in Indiana Appellate Procedure: Significant Rule Amendments and Important Procedural Conventions William O. Harrington 963 1995 Developments in Indiana Taxation Lawrence A. Jegen, III James S. Tripp 1 077 Mary G. Jolley Catherine M. Morrison 1035 1995 Developments in Property Law 1995 Developments in Worker's Compensation Gregory M. Feary Steven A. Fletcher 1 1 39 1995 Federal Civil Practice and Procedure Update for Seventh Circuit Practitioners 1995 Survey of Indiana Commercial Code 1995 Survey of Indiana Evidence Law 1995 Michael T Scanlon 647 Campbell v. Acuff-Rose Music, Inc.: The Rap on Remedies Jeff Toole 467 1996] INDEX Infrared Imaging Technology: Threatening to See Through the Fourth Amendment Jeffrey J. Skelton 23 1 Regulation of Construction Site Stormwater Runoff: We Can Do Better Than This David L. Hatchett 153 Shifting Burdens and the Americans with Disabilities Act: Why McDonnell Douglas Should Apply to the ADA Timothy A. Ogden 179 The Fair Pay Act of 1994 Thomas N. Hutchinson 62 1 The Link Between Private and Public Single-Sex Colleges: Will Wellesley Stand or Fall with the Citadel? Karla Cooper-Boggs 1 3 1 The Supreme Court Assaults State Drug Taxes with a Double Jeopardy Dagger: Death Blow, Serious Injury, or Flesh Wound? Keywords: american; board; cases; city; co.; corp; county; court; dep't; developments; hosp; inc; index; indiana; indiana law; law; new; nexis; reform; revenue; review; state; survey; united; united states; v. united
• Front Matter by Law Review, Indiana (1997) - Foreign, $28 Student, $17 (4 issues) Single Issue, $8; Survey Issue, $17; Centennial Issue, $12 Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. B.A., Western University; M.L.S., Indiana University; J.D., Indiana University School of Law—Indianapolis. Keywords: a.b; college; court; indiana; indiana law; indiana university; indianapolis; j.d; justice; law; professor; review; school; university
• Foreword: The Importance of Legal History for Modern Lawyering by Shepard, Randall T. (1997) - It has always been understood that common law evolves over time to meet the demands of the day, in what Justice Brent E. Dickson has called: the march of Indiana common law. 1 997] IMPORTANCE OF LEGAL HISTORY court and the court of appeals had both issued similar rulings based on a line of common law decisions running from the 1880s forward. Keywords: court; history; indiana; judges; law; lawyers; profession
• Richard M. Givan: Justice, Indiana Supreme Court, 1969-1994, Chief Justice of Indiana, 1974-1987 by Withered, Jerome L. (1997) - In response, Justice Givan formed The Bipartisan Committee to Support Chief Justice Givan. Two years later, a group calling itself the Remember Baby Doe/Retire Judge Givan Committee began a campaign to defeat Justice Givan in his November 1994 retention vote. Keywords: court; givan; indiana; judge; justice; law; state; supreme
• The History of the Court of Appeals of Indiana by Stanton, Robert H.; Hicklin, Gina M. (1997) - In the beginning, the jurisdiction of the court was extremely limited due to the fact that the appellate court was seen as a temporary measure to reduce the backlog of supreme court cases. 112 This intolerable imbalance of appellate review rallied Indiana judges and lawyers behind Proposition Two, a proposed constitutional amendment which was aimed at reducing the growing workload of the state supreme court and increasing the workload of the court of appeals. Keywords: act; appeals; appellate; cases; court; districts; ind; indiana; indiana court; indiana supreme; judges; jurisdiction; law; legislature; state; supreme court; years
• History and Jurisprudence of the Physician-Patient Relationship in Indiana by Kinney, Eleanor D.; Selby, Myra C. (1997) - In addition, Indiana court decisions have been models for the courts of other states as they address the fundamental legal issues regarding the physician-patient relationship. Indiana courts have made a significant contribution in this area. Keywords: care; consent; court; decision; health; indiana; law; medical; patient; physician; relationship; state; treatment
• Indiana as a Forerunner in the Juvenile Court Movement by Sullivan Jr., Frank (1997) - Under the proper operation of such court children need not be confined in the jails. In this Article, I will review the historical context in which juvenile courts were created in Indiana, the very interesting story of their authorization by the 1903 general assembly, the way in which the new court operated in Indianapolis, and the national recognition the new court received. Keywords: act; bill; board; charities; children; court; court act; indiana; indiana juvenile; indianapolis; judge; juvenile; juvenile court; law; note; state; stubbs
• The Indiana Supreme Court and the Struggle Against Slavery by Boyd Williams, Sandra (1997) - at 126. 41 . Letter from Henry P. Coburn, Indiana Supreme Court Clerk, to Harrison County Sheriff (Dec. 1, 1821) (contained in Indiana Supreme Court case file, Mary Clark v. G.W. Johnston, Nov. term, 1821, on file with Indiana State Archives, Commission on Public Records, Indianapolis). Ct. 1820) (handwritten) (contained in Indiana Supreme Court case file, State v. Lasselle, July term, 1820, on file with Indiana State Archives, Commission on Public Records, Indianapolis) Keywords: case; court; freeman; indiana; law; note; slave; slavery; state; supreme
• Lawyers and Judges as Framers of Indiana's 1851 Constitution by Dickson, Brent E.; John, Thomas A.; Wyman, Katherine A. (1997) - Yet all of this rests on the ideas and actions of convention delegates 145 years ago. In terms of the quantity of resolutions proposed, attorney delegates did not outproduce the other delegates. Keywords: constitution; convention; court; delegates; hovey; indiana; judge; law; lawyers; provision; section
• English Common Law and Indiana Jurisprudence by Bowman III, Ray F. (1997) - Id. 1 997] ENGLISH COMMON LAW IN INDIANA 4 1 7 The court concluded that creation of the ecclesiastical courts in 1066 and thereafter was in derogation of common law. On a practical level, once it was decided that Indiana was to have common law courts, some form of judicial baseline was necessary. Keywords: act; code; court; england; english; indiana; indiana law; law; laws; reception; state; statute; virginia
• Front Matter by Law Review, Indiana (1997) - B.A., Western University; M.L.S., Indiana University; J.D., Indiana University School of Law—Indianapolis. [Vol. 30:427 1973-79 Dean and Professor of Law, Indiana University School of Law—Indianapolis. 1979-96 Titled Professor of Law, Indiana University: Carl M. Gray Professor of Law and Advocacy, Indiana University School of Law—Indianapolis. Keywords: a.b; civil; college; court; harvey; indiana law; indiana university; indianapolis; j.d; law; law school; ll.m; practice; procedure; professor; professor harvey; review; rules; school; state; university; university law; university school; william
• Racial Diversity as a Compelling Governmental Interest by Donahue, Robert J. (1997) - To explore the possibility of racial diversity as a compelling governmental interest, it is necessary to delve into the tangled and confusing web of relevant Supreme Court opinions,*^ beginning seventeen years ago with what is probably the most famous affirmative action case yet decided. Martin Luther King, Jr.^ Introduction Is racial diversity a sufficient justification for affirmative action programs? Keywords: action; adarand; admissions; broadcasting; court; discrimination; diversity; governmental; interest; justice; law; metro; note; past; race; review; scrutiny; supra; supreme; u.s
• Will States Protect Us, Equally, from Damage Caps in Medical Malpractice Legislation? by Ross, Jacqueline (1997) - Medical malpractice damage caps increase the probability of a patient suffering negligent injury or death by a treating doctor. As of 1987, 27 states had enacted statutes with medical malpractice damage cap provisions which, as of that year, had not been repealed. Keywords: analysis; caps; care; constitution; court; damage caps; damages; federal; health; insurance; law; legislature; malpractice; medical; note; protection; provisions; review; scrutiny; state; supra; supreme; test; u.s
• Photocopying and Fair Use: Exploring the Market for Scientific Journal Articles by Ster, Brian T. (1997) - In 1973, Williams & Wilkins Co. v. United State^^ effectively ended the pre-1976 era of fair use cases. Indiana Law Review Photocopying and Fair Use: Exploring the Market FOR Scientific Journal Articles Brian T.Ster* Introduction Section 107 of the Copyright Act of 1976 recognizes the judicially created doctrine of fair use, which may be used as a defense in a suit for copyright infringement.' Keywords: analysis; articles; case; ccc; copyright; court; decision; factor; fair; law; majority; market; note; photocopying; publishers; supra; texaco; use; work
• Front Matter by Law Review, Indiana (1997) - Foreign, $28 Student, $17 (4 issues) Single Issue, $8; Survey Issue, $17; Centennial Issue, $12 Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Send all correspondence to Editorial Assistant, Indiana Law Review, Indiana University School of Law—Indianapolis, 735 W. New York Street, Indianapolis, Indiana 46202-5194. Keywords: a.b; college; indiana law; indiana university; indianapolis; j.d; law; new; ohio; professor; review; school; university; university school; wooster
• The American Legal Faith: Traditions, Contradictions and Possibilities by Papke, David Ray (1997) - And what about the rule of law, the notion that this is a country of laws not men, the sense that we can believe in law's ability to guide and direct us? The cynicism that one finds among some, not all, law students is also evident in the population generally and concomitantly antithetical to a belief in the rule of law. Keywords: american; belief; century; constitution; courtroom; culture; faith; indiana; law; laws; lawyers; paine; rule; school; thomas; trial
• Local Autonomy or Regionalism?: Sharing the Benefits and Burdens of Suburban Commercial Development by Saxer, Shelly Ross (1997) - [Vol. 30:659 Tax-base sharing among municipalities^^^ is one way to manage the inequality problem created when wealthy people escape the urban areas by moving into outlying suburbs in order to maintain a higher quality of life.^^^ Inner cities cannot survive if the needed tax base is built outside the cities and revenues are not redistributed based upon need.^^^ Contracts between local governments could allow metropolitan areas to share tax-base gains and offset regional burdens created by local land use decisions. If municipalities choose not to cooperate, they will nevertheless be held accountable to other communities for local land use decisions that result in external negative impacts. Keywords: benefits; burdens; city; control; decision; development; environmental; impact; land; land use; law; localism; municipalities; municipality; neighboring; note; planning; power; process; review; state; supra; supra note; tax; use; zoning
• Constitutional Illiteracy Review Essay of Louis Michael Seidman & Mark V. Tushnet, Remnants of Belief: Constitutional Issues by McGreal, Paul E. (1997) - Seidman and Tushnet suggest that this correlation between scholarly conclusion and political disposition is no accident.^^ Rather, because the post-New Deal none the less a choice insight makes constitutional argument inherently malleable, authors can manipulate constitutional arguments to further their political agendas. In the larger America, however, we first need to put the Constitution back into constitutional argument. areas of constitutional law. Keywords: action; amendment; americans; argument; choice; constitutional; court; government; history; illiteracy; law; note; people; problem; professor; public; rev; right; seidman; state; supra; text; tushnet; u.s
• Private Rights and Public Ways: Property Disputes and Rails-to-Trails in Indiana by Wright, Danaya C. (1997) - Many people seem appalled by the sight of railroad deeds that paid a landowner anywhere from $50 to $200 for the land across their farms. The Indiana Supreme Court has addressed a number of these rules of construction in relation to railroad deeds in its influential opinion in Ross, Inc. v. Legler}^ Keywords: abandonment; corridor; court; deed; easement; fee; icc; indiana; interests; land; law; property; property rights; public; railroad; right; ross; simple; state; title; trail; use; way
• Fiduciary Duties Owed by Frozen-Out Minority Shareholders in Close Corporations by Blaiklock, A. Richard M. (1997) - (citation omitted); See also 3 William M. Fletcher, Cyclopedl\ of the Law of Corporations § 844.20, at 219 (1994 & Supp. 1996) ([C]lose corporation shareholders, as such, stand in fiduciary relationship to each other.); Wilkes v. Springside Nursing Home, Inc., 353 N.E.2d 657, 661 (Mass. 1976) (quoting Donahue, 328 N.E.2d at 515) (reaffirming the Donahue decision, that stockholders in the close corporation owe one another substantially the same fiduciary duty in the operation of the enterprise that partners owe to one another.); Rexford Rand Corp. v. Ancel, 58 F.3d 1215, 1218 (7th Cir. 1995) ([A] shareholder in a close corporation owes a duty of loyalty to the corporation and to the other shareholders.). [Vol. 30:763 treatment of minority shareholders in close corporations. Keywords: control; corporation; court; decision; duties; duty; law; majority; minority shareholders; n.e.2d; note; owe; partnership; rand; rexford; supra
• Cipollone & Myrick: Deflating the Airbag Preemption Defense by McCauley, John F. (1997) - The original Senate version did not contain an express reservation of common law liability because the drafters did not believe the savings clause was required: The federal minimum safety standards need not be interpreted as restricting state common law standards of care. The statutory language does not, however, directly address the state common law, and thus does not provide for express preemption of state common law claims Accordingly, the Court finds that Congress did not expressly preempt the plaintiffs common law products liability action. . Keywords: act; cipollone; cir; claims; co.; congress; corp; court; f.2d; federal; law; motor; preemption; safety; state; u.s
• Medicaid vs. The Tobacco Industry: A Reasonable Legislative Solution to a State's Financial Woes? by Schrink Strain, Jana (1997) - The tobacco industry brought a declaratory judgment action to keep the attorney general from violating state law and circumventing legislative oversight by illegally offering a contingent fee to lawyers participating in the litigation. ^^^ Conclusion The economic crisis facing state Medicaid programs is clearly daunting. Keywords: action; care; claims; classification; clause; co.; companies; court; health; industry; law; legislative; litig; mealey; medicaid; note; protection; purpose; rep; review; smoking; state; supra; tobacco; tobacco industry; u.s
• Front Matter by Law Review, Indiana (1997) - Debra A. Falender & Kristin G. Fruehwald, Trusts and Decedents' Estates, 1984 Survey ofRecent Developments in Indiana Law, 18 iND. Trusts and Decedents' Estates, 1983 Survey ofRecent Developments in Indiana Law, 17 iND. Keywords: a.b; college; debra; developments; estate; falender; indiana law; indiana university; indianapolis; j.d; law; law review; new; probate; professor; property; review; school; survey; trusts; university; university school
• Reflections on a Decade at the Indiana Supreme Court, 1987-1997 by Shepard, Randall T. (1997) - Supreme Court Operations: Changing People and Procedures The past ten years also saw the departure of four justices and the arrival of three new ones. Indiana Law Review Reflections on a Decade at the Indiana Supreme Court, 1987-1997 Randall T. Shepard* The Supreme Court of Indiana entered the 1990s freed from the numbing onslaught of direct criminal appeals which had characterized the previous decades and crowded out both civil appeals and managerial tasks. Keywords: appeals; court; indiana; judges; justice; law; rules; state; supreme; supreme court; system; years
• Bankruptcy in the Seventh Circuit: 1996 by Boshkoff, Douglass G. (1997) - A retrenchment in many respects of debtor bankruptcy protection began shortly after the new code became effective and continues today. The Duke decision, although not admirable, is consistent with the spirit of the times.^^ To preserve a modicum of debtor protection, the validation of creditor-initiated reaffirmations should be limited to situations like the one in Duke where (1) the debtor is represented by counsel and (2) counsel is informed of the reaffirmation request. Keywords: bankruptcy; cir; court; debtor; law
• Judicial Developments in Business and Contract Law by Galbraith, Brad A.; Freeman, Timothy D. (1997) - It is recognized that authorization of shareholder actions in such cases would constitute authorization of multitudinous litigation and disregard for the corporate entity. However, the court acknowledged that courts have refused to enforce private agreements on public policy grounds in three types of situations: (i) agreements that contravene statute; (ii) agreements that clearly tend to injure the pubUc in some way; and (iii) agreements that are otherwise contrary to the declared public policy of Indiana. Keywords: barth; corporation; court; franchise; indiana; law; n.e.2d
• State and Federal Constitutional Law Developments by Berger Levinson, Rosalie (1997) - (Because plaintiff challenging denial of zoning application failed to demonstrate that she did not have recourse in state court, her federal claims were properly dismissed.) In Indiana High School Athletic Ass'n v. Carlberg^^ the court relied on an earlier Indiana Supreme Court decision, Sturrup v. Mahan^^ in which the court held that the transfer rule was unconstitutionally overbroad in violation of the Fourteenth Amendment.^^ Keywords: ^^^; amendment; analysis; app; board; cir; court; federal; government; ind; indiana; interest; justice; law; n.e.2d; plaintiffs; process; property; protection; public; section; speech; state; supp; supreme court; u.s
• Recent Developments in Indiana Criminal Law and Procedure by Miller, Gary L.; Schumm, Joel M. (1997) - Trial courts should wait for an objection, and sua sponte intervention is only authorized when a prima face case is abundantly clear with respect to a particular juror. In Bridwell v. State}^^ one panel held that trial court congestion need not be documented and would be accepted on appeal absent a claim of subterfuge. Keywords: ^^^; class; code; court; defendant; doubt; felony; indiana; law; n.e.2d; officer; person; police; state; supreme; supreme court; trial; trial court
• Survey of Indiana Family Law in 1996 by Schaefer, Paul J.; Ruppert, Michael G. (1997) - Custody In 1994 and 1996, the Indiana General Assembly revised the modification statutes governing child custody.^^ Due to these revisions, Indiana courts have recently reviewed a number of child custody cases. After a hearing, the trial court found that husband was in contempt of court for failing to hold wife harmless on certain debts that he discharged and ordered him to pay her $10,038.70 as reimbursement on those debts. Keywords: app; child; code; court; father; husband; ind; law; marital; n.e.2d; parties; trial court
• 1996 Federal Civil Practice and Procedure Update for Seventh Circuit Practitioners by Maley, John R. (1997) - Appeals 1118 I. Filing A. Increase in Filing Fee As part of the Federal Courts Improvement Act of 1996,* Congress increased the filing fee for commencing an action in federal court from $120 to $150.^ This amendment to 28 U.S.C. § 1914(a) took effect December 18, 1996, sixty days after the date of enactment. * The key change in Rule 5(e) is that federal courts no longer need await the Judicial Conference to establish a procedure for electronic filing. Keywords: case; circuit; counsel; court; expert; federal; indiana; judge; law; motion; plaintiff; procedure; rule; service
• Health Care Law: A Survey of 1996 Developments by Render, John C. (1997) - I. Health Care Provider Liability During the Survey period, the Indiana judiciary decided several significant cases relating to Uability of health care providers. As was reported in the 1995 Health Law Survey, health care providers received favorable news from the case of Hanlester Network v. Shalala}^^ Hanlester created a difficult burden for prosecutors to meet when attempting to demonstrate that a defendant's conduct under the Anti-Kickback statute was knowing and willful.^^^ Keywords: act; appeals; care; complaint; court; health; health care; hospital; indiana; law; malpractice; medical; n.e.2d; panel; patient; physician; providers; review; services; statute; trial
• Developments in Appellate Practice in 1996 by Ammeen Jr., James J. (1997) - All are discussed in Part I. Developments in appellate procedure case law sometimes arise from discrete practices in particular appeals, but because appellate courts ordinarily do not elevate procedural issues to the same level as substantive issues in published opinions, this common-law style development actually is rare. This rule should be a welcome relief to defendants whose sentences should be reduced due to a sentencing error because it enables appellate courts to shorten the time litigation takes. Keywords: appeals; appellate; case; court; evidence; ind; indiana; issues; judgment; jurisdiction; law; n.e.2d; practice; record; review; rule; supreme court; transfer; trial; trial court
• Survey of Recent Developments in Insurance Law by Shoultz, Richard K. (1997) - Uninsured Motorist Coverage.—During the survey period, an interesting coverage question regarding material misrepresentation in the acquisition of liability insurance coverage was decided by two different courts resulting in different outcomes. Insureds who are able to establish that the amounts charged to their passengers go towards expenses as opposed to being an arbitrary figure, will most likely be entitled to insurance coverage. Keywords: claim; company; court; coverage; ind; indiana; insurance; insured; law; liability; motorist; n.e.2d; policy
• Recent Changes in Intellectual Property Law by Brown, Christopher A. (1997) - Although this part of the opinion provides little in the way of black letter law, it is nonetheless useful as a primer on the rationale behind trademark dilution law and a start on legal research into state dilution rules. Section 3 of the Federal Trademark Dilution Act amended 15 U.S.C. § 1 125 by adding the following: (c) Remedies for dilution of famous marks (1) Keywords: act; court; dilution; federal; indiana; law; mark; supp; trademark; use
• Recent Developments in the Indiana Law of Product Liability by Stommel, R. Robert; Cox, Dina M. (1997) - The courts addressed the definition of a product; the economic loss rule; the strict liability of pharmaceutical companies under Indiana's Blood Shield Statute; the retroactive application of amendments to the Product Liability Act; proof of a product defect where the product is destroyed; the open and obvious danger rule; alterations and misuse; the admissibility and use of expert scientific evidence in product liability actions; preemption by federal law; 2ind the use of collateral estoppel in product liability cases. The court noted that Indiana courts have held that any change which increases the likelihood of a malfunction ... is a substantial change.^^ Keywords: act; action; case; court; expert; ford; indiana; indiana court; law; liability; n.e.2d; plaintiffs; product; product liability; rule; state
• Captive Gas and Condemned Trash: Highs and Lows of Indiana Property Law in 1996 by Wright, Danaya C. (1997) - Indiana Law Review Captive Gas and Condemned Trash: Highs and Lows of Indiana Property Law in 1996 Danaya C. Wright* Introduction It is hard to believe that another year has gone by and that you may be a year behind on the current changes in Indiana property law. Id. 1997] PROPERTY LAW 1271 he will warrant and defend the title to the same against all lawful clcdms,^^ the court of appeals distinguished between successful and unsuccessful defenses of title by grantees. Keywords: app; case; court; ind; indiana; judgment; law; lot; lots; n.e.2d; property; restrictions; rule; sale; state
• 1996 Developments in Indiana Taxation by Jegen III, Lawrence A.; Tripp, James S.; Murphy Jr., Stephen P. (1997) - Many of the changes were attempts to fine-tune existing laws, but significant policy changes surfaced in four major areas: income tax, property tax, probate, and other relevant laws. The first of these extends the interstate exemption from property tax for packaged inventory destined for an out-of-state buyer to include books or other printed materials stored at an in-state commercial printer's facility. Keywords: act; assembly; code; county; court; general; idsr; income; ind; indiana; january; july; law; march; n.e.2d; property; provision; state; tax
• Recent Developments in Indiana Tort Law by Meyer, Tammy J.; Cox, Dina M. (1997) - Finally, the court of appeals issued an opinion discussing artificial conditions on land—an issue which has received little attention in recent years by Indiana courts. [Vol. 30:1317 conditions on land—an issue which has received little attention in recent years by Indiana courts. Keywords: app; appeals; court; damages; defendant; dog; duty; fault; fraud; indiana; indiana court; indiana law; jury; law; liability; n.e.2d; negligence; party; plaintiff; tort; trial court
• 1996 Survey of the Uniform Commercial Code in Indiana by Greenberg, Harold; Patchel, Kathleen (1997) - Indiana courts have long adhered to the general rule that modifications of warranties and limitations of remedies not brought to the buyer's attention until after the sale is made (for example, terms included in a booklet in the glove compartment of a new car) Compare U.C.C. § 2-206 (Nov. 1996 Draft) with U.C.C. §§ 2-205, 2-206 and 2-207 (NCCUSL Annual Meeting Draft July 25-Aug. 1, 1997). Keywords: agreement; article; bank; check; contract; course; court; credit; indiana; instrument; law; party; proceeds; section; security; software; terms; u.c.c
• Recent Cases in Worker's Compensation Law by Winn Pippin, Judy (1997) - Although the court cited Webster' s Ninth New Collegiate Dictionary for its definition of agriculture, a similar definition has been cited in Indiana cases. As courts have noted since Evans v. Yankeetown Dock Corp.,^^ the provision represents a 'quid pro quo in which sacrifices and gains of employees and employers are to some extent put in balance. ' Keywords: act; app; attorney; board; case; code; compensation; court; employer; ind; indiana; injury; law; n.e.2d; provision; worker
• Back Matter by Law Review, Indiana (1997) - INDEX XV Preseault v. ICC 729, 757 Price V. State 971 Prigg V. Pennsylvania 310 Princeton Univ. 1319, 1393 Canterbury v. Spence 271-72 Cargle v. State 820 Carson v. Maurer 595 Caruso v. DeLuca 999 Cason V. State 1060 Central States, S.E. & S.W. Pension Fund v. Central Cartage Co. 1118-19 Channell v. Citicorp Nat'l Servs., Inc. 1103 Chestnut v. Roof 1232 Cipollone v. Liggett Group, Inc. 828, 841 City of Minot v. Freelander 1279 City of Richmond v. J.A. Croson Co. 540, 546 C.J.C. V. C.B.J. 1096 Claridge v. Phelps 735 Clark V. Donahue 987 Clark V. State 1018 Clifft V. Indiana Dep't of State Revenue 979 Cobbs V.Grant 271 Collins V. Day 583, 603, 966, Keywords: bank; city; co.; corp; court; developments; history; inc; index; indiana; indiana law; ins; john; justice; law; marriage; nlrb; review; state; supreme; survey; united
• Front Matter by Law Review, Indiana (1998) - INDIANA LAW REVIEW INDIANA UNIVERSITY SCHOOL OF LAW-INDIANAPOLIS 735 West New York Street Indianapolis, Indiana 46202 Subscription Rates (one year): Regular, $25; Foreign, $28 Student, $17 (4 issues) Single Issue, $8; Survey Issue, $17; Centennial Issue, $12 Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. 1980 Survey ofRecent Developments in Indiana Law: Property, 14 iND. Keywords: a.b; college; indiana law; indiana university; indianapolis; j.d; krieger; law; law review; ll.m; professor; property; review; school; university; university school; walter
• Introduction: "Lies, Damn Lies and Statistics: How Empirical Research Shapes Health Law and Policy" by Kinney, Eleanor D.; Orentlicher, David (1998) - In addition to expanding the health law curriculum, the Center's leadership has sought to expand opportunities for students to learn more about health law and policy through internships, educational programs and employment opportunities to work on Center research projects. In the next article, a leading Indiana practitioner in health law, John C. Render of Hall Render Killian Heath & Lyman, comments on anomalies in the health market which should influence antitrust analysis in the health care field. Keywords: center; health; law; university
• End-of-Life Decision Making: What We Don't Know, We Make Up; What We Do Know, We Ignore by Johnson, Sandra H. (1998) - SUPPORTcertainly reveals that the intervention used in Phase II to increase conversation and information did not improve the incidence of patient-physician communication substantially; that it only minimally improved the accuracy of physician knowledge of patient preferences; that it did not alter physician decisions concerning writing a DNR order or discharging a patient from an ICU; that it did not improve treatment for pain; and that the great majority of both physicians and surviving family members reported feeling satisfied that things went well. '^ Much larger doses of the drugs are both safe for such patients and are required for relief of pain. Keywords: care; circuit; court; death; decision; dying; end; health; law; legalization; life; medical; opinion; pain; patients; physician; public; research; study; suicide; support; treatment; washington
• Judicial Opinions Involving Health Insurance Coverage: Trompe L'Oeil or Window on the World? by Sage, William M. (1998) - In health insurance cases, it will be important to assess the degree of correlation or mismatch between valid claims and coverage cases filed, and between valid claims and relief granted. As discussed below, judges prefer to articulate narrow justifications for their decisions.^ Because of their unusual facts and compelling equities, health care coverage cases often present an extreme example of this phenomenon. Keywords: care; cases; courts; coverage; decisions; disputes; erisa; example; hall; health; health care; insurance; judges; law; litigation; malpractice; note; opinions; research; review; state; study; supra; system; trial
• Empirical Studies of Judicial Decisions Serve an Important Role in the Cumulative Process of Policy Making by Jordan, Karen A. (1998) - This comment has already explained that empirical studies ofjudicial decisions may reveal information useful in various stages ofthe policy making process. Thus, although empirical studies ofjudicial decisions bring important information to light and are important initial steps that point out the direction of further research, it is the further research which is more likely to be influential in shaping health law and policy. Keywords: decisions; erisa; law; note; policy; research; studies; study; supra
• Presumptions, Damn Presumptions and Economic Theory: The Role of Empirical Evidence in Hospital Merger Analysis by Jacobs, Michael S. (1998) - This paper concerns itself generally with hospital mergers and, in particular, with the case of FTC v. Butterworth Health Corp.^ a recent controversial hospital merger decision characterized by a respected scholar as the most revolutionary hospital merger decision yet issued . . . Hospital mergers are perhaps the most dramatic and unsettling evidence of the organizational upheavals that have characterized healthcare finance and delivery over the past five years.* Keywords: analysis; antitrust; butterworth; care; cir; court; evidence; ftc; health; hospital; law; market; merger; prices; profit; supp
• The State of Copyright Protection for Electronic Databases Beyond ProCD v. Zeidenberg: Are Shrinkwrap Licenses a Viable Alternative for Database Protection? by Hill, Jennett M. (1998) - Shrinkwrap licenses and other methods of database protection have emerged as a result of eroding copyright protection for databases. An Analysis of Various Efforts to Reform Database Protection A. Shrinkwrap Licenses and the Copyright Act Prior to the 1980 Copyright amendment, copyright protection for software programs was as uncertain as database protection is today. Keywords: act; computer; contract; copyright; copyright act; copyright law; copyright protection; court; database; database protection; feist; inc; law; license; note; preemption; procd; protection; public; rights; shrinkwrap; software; supra; use; work
• Seminole Tribe and Superfund: A Federalism Gamble by Loftus, Barry L. (1998) - Conversely, Justice Stevens, in his Union Gas concurrence, rebukes Hans as having created a second Eleventh Amendment, a judicially created doctrine of state sovereign immunity. (author brought a copyright infringement case, alleging a state university violated provisions of the Lanham Act, 15 U.S.C. § 1122 (1994) and the Copyright Act, 17 U.S.C. § 511(a) (1994); Fifth Circuit denied Texas' claim of sovereign immunity holding that the Patents and Copyright Clause gave Congress the authority to abrogate state sovereign immunity. Keywords: action; amendment; case; cercla; clause; commerce; congress; court; eleventh; federalism; gas; immunity; justice; law; new; parties; power; seminole; seminole tribe; state; tribe; u.s; u.s.c; union; united
• Front Matter by Law Review, Indiana (1998) - INDIANA LAW REVIEW INDIANA UNIVERSITY SCHOOL OF LAW-INDIANAPOLIS 735 West New York Street Indianapolis, Indiana 46202 Subscription Rates (one year): Regular, $25; Foreign, $28 Student, $17 (4 issues) Single Issue, $8; Survey Issue, $17; Centennial Issue, $12 Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Send all correspondence to Editorial Assistant, Indiana Law Review, Indiana University School of Law—Indianapolis, 735 W. New York Street, Indianapolis, Indiana 46202-5194. Keywords: a.b; b.s; bna; college; indiana; indiana law; indiana university; indianapolis; j.d; law; professor; review; school; university
• Cyberdoctors: The Virtual Housecall—The Actual Practice of Medicine on the Internet Is Here; Is It a Telemedical Accident Waiting to Happen? by Tyler, Barbara J. (1998) - CYBERDOCTORS AND TELEMEDICINE 267 unwarranted public policy of intolerably extending the duty of care owed/^ The following sections of this Article will examine three differing degrees of risk engendered by the diverse tasks undertaken by medical web sites and practitioners on the Internet. This practice of no- touch medicine is happening and should present a serious concern to all those involved in medical ethics, health care delivery systems, and quality patient care. Keywords: '^^; article; care; computer; disease; doctor; duty; health; health care; information; internet; issues; law; liability; malpractice; medical; note; patient; physician; practice; relationship; site; state; supra; supra note; telemedicine; treatment; use; web; world
• The Crisis in the Ideology of Crime by Diamond, John J. (1998) - Instead, to a substantial degree, criminal law punishes transgressions without reference to personal culpability.^ While traditional strict liability crimes are obvious examples,^ they are not, as is sometimes argued, merely isolated exceptions to a regime which otherwise requires a culpable mens rea.'* It is the contention of this article that criminal law is the primary institution for transmitting social ideology.^ Keywords: code; crimes; criminal; defendant; defense; law; liability; mens; model; note; penal; rape; rea; society; supra; supra note
• The Common Fund Doctrine: Coming of Age in the Law of Insurance Subrogation by Parker, Johnny (1998) - The Tenth and Eleventh Circuit Courts of Appeals and the D.C. Circuit have explicitly adopted the percentage method for computing attorney fees in common fund cases. Co. V. Wilderness Soc'y, 421 U.S. 240 (1975) (private attorney general rule); Mills v. Electric Auto-Lite Co., 396 U.S. 375 (1970) (substantial benefit doctrine); Trustees v. Greenough, 105 U.S. 527 (1881) (common fund doctrine). 9. Keywords: app; attorney; co.; company; court; doctrine; fees; fund; fund doctrine; ins; insurance; insured; law; litigation; mut; right; rule; s.w.2d; subrogation; u.s
• Trade Secrets in Indiana: Property vs. Relationship by Tyler, Lynn C. (1998) - Legally, the different forms of available protection primarily include copyrights, patents, trademarks, trade dress, and trade secrets. This Article will address the law of trade secrets in Indiana. Keywords: court; indiana; information; law; property; relationship; secret; trade; view
• The Justice System in Jeopardy: The Prohibition on Government Appeals of Acquittals by Steinglass, Joshua (1998) - See Serfass v. United States, 420 U.S., 377, 394 (1975) (holding that government appeal of pre-trial order dismissing indictment was not barred by Double Jeopardy Clause); Herasimchuk, supra note 28, at 245. 39. Justice Powell wrote that [t]he Double Jeopardy Clause is not such a fragile guarantee that ... its limitations [can be avoided] by the simple expedient of dividing a single crime into a series of temporal or spatial units. Keywords: appeals; clause; court; defendant; government; jeopardy; jury; justice; law; note; states; states v.; supra note; trial; u.s; united; united states; v. united
• Front Matter by Law Review, Indiana (1998) - INDIANA LAW REVIEW INDIANA UNIVERSITY SCHOOL OF LAW-INDIANAPOLIS 735 West New York Street Indianapolis, Indiana 46202 Subscription Rates (one year): Regular, $25; Foreign, $28 Student, $17 (4 issues) Single Issue, $8; Survey Issue, $17; Centennial Issue, $12 Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Indiana Law Review Indiana law Review CTi Volume 31 No. 3 1998 - îglESS X^ j0O^ ^i^ Keywords: a.b; assistant; b.s; bna; college; indiana; indiana law; indiana university; indianapolis; j.d; law; professor; review; school; university
• From Students to Lawyers: Joint Ventures in Legal Learning for the Academy, Bench, and Bar by Shepard, Randall T. (1998) - In a recent speech at the University of Virginia School of Law addressing the possibility of a mutually beneficial partnership between law schools and the bench. At any rate, the MacCrate debate has very constructively propelled forward the conclave movement, meetings between bar associations, law schools, and the judiciary about the future of legal education. Keywords: academy; bar; education; indiana; law; lawyers; new; practice; practitioners; profession; school; university
• Recent Developments in Indiana Criminal Law and Procedure by Miller, Gary L.; Schumm, Joel M. (1998) - Because the bailiff and court reporter have no obligation to protect a defendant's interest and their presence is not a substitute for a defendant's own presence, the court of appeals reversed the conviction.^^^ In Anglin v. State^^^ the court of appeals held that the trial court failed to follow the proper procedure in responding to notes from the jury during deliberations, but there was no prejudice to the defendant.^^^ The court responded to two separate notes from the jury by sending a written response to the jury room without first returning the defendant and his counsel into the courtroom.^^^ The proper procedure, however, is for the judge to notify the parties so they may be present in court before the judge communicates with the jury, and the judge should inform the parties of his proposed response. ''^ D. Speedy Trial The Indiana Supreme Court and court of appeals considered a defendant's right to a speedy trial in two different contexts. Keywords: appeals; cause; court; criminal; defendant; defense; evidence; indiana; judge; law; n.e.2d; officer; person; search; state; supreme court; trial; trial court; warrant
• Survey of Labor and Employment Law Developments for Indiana Practitioners by Ogden, Patricia L. (1998) - Judge Flaum concurred that negligence is the appropriate standard for employer liability, in part because of the difficulties employers would face in defining actionable behavior and communicating a consistent message to employees.' ' • Judge Cudahy principally concurred with Judge Flaum 's approach, emphasizing that a heightened standard of negligence is appropriate in supervisory hostile environment harassment cases. Although the panel was unable to forge a clear-cut majority, the majority reached consensus that negligence is the proper standard for employer liability in hostile environment sexual harassment claims when the alleged harasser is the employee's supervisor.^^ Keywords: cir; circuit; court; employees; employer; employment; harassment; indiana; judge; law; liability; mat; plaintiff; supervisor
• Health Care Law: A Survey of 1997 Developments by Render, John C.; Smith, N. Kent; Kramer, Letha S.; Jones, Pamela J. (1998) - I. Health Care Provider Liability: Judicial Decisions The Indiana judiciary decided several significant cases during the Survey period relating to liability of Indiana health care providers. Indiana courts apply the modified impact rule to determine whether damages for emotional distress may be recovered. Keywords: act; acts; care law; claim; code; consent; court; health; health care; hospital; ind; indiana; indiana court; indiana law; judgment; law; malpractice; malpractice act; medical; n.e.2d; patient; physician; provider; review; services; state; statute; trial court
• Recent Developments in the Indiana Law of Product Liability by Stommel, R. Robert; Cox, Dina M. (1998) - Justice Sullivan agreed that, in appropriate circumstances, Indiana courts will enforce private agreements between sophisticated business entities that allocate the economic risk of products liability .^^ [Vol. 31:707 The district court further noted that Indiana courts have consistently held that a manufacturer's duty to warn the ultimate user of its product may be delegated by adequately warning a third party.^ Keywords: court; duty; indiana; law; liability; manufacturer; n.e.2d; plaintiffs; product; statute
• Survey of 1997 Developments in the Law of Professional Responsibility by Kidd, Charles M. (1998) - * The rule changes created by the supreme court in late 1997 not only make important changes in the ethics landscape for Indiana lawyers, but also govern what might be regarded as exclusively the business aspects ofthe practice of law. C. Professional Corporations, Limited Liability Companies and Limited Liability Partnerships As permitted in other jurisdictions, Indiana lawyers and law firms now have more options from which to choose when deciding which form of business association in which they wish to practice law. Keywords: client; conduct; court; indiana; indiana law; indiana rules; law; lawyer; liability; liability company; lolta; practice; professional; rule; supreme
• Trains, Trails, and Property Law: Indiana Law and the Rails-to-Trails Controversy by Wright, Danaya C. (1998) - Finally, Judge William Hughes, in the Hamilton Superior Court, set forth an excellent outline of factors that should be weighed in construing nineteenth-century railroad deeds in his order in a Carmel sub-class case.^' Judge Hughes' ten principles for evaluating railroad deeds miraculously harmonize all four Indiana Supreme Court decisions discussed herein. Therefore courts faced with a quiet title action regarding railroad deeds should refer to that order. Keywords: case; class; corridor; court; deed; easement; fee; ind; indiana; land; law; lewellen; n.e.2d; property; railroad; right; simple; title; way
• 1997 Developments in Indiana Taxation by Jegen III, Lawrence A.; Murphy Jr., Stephen P. (1998) - ^^^ With respect to the ColorCurve inventory, Colwell argued that the ISBTC should have permitted Colwell to write down the value of its inventory to the lower of cost or market for the purposes of Indiana property tax since Colwell reduced the recorded value of the inventory for internal accounting purposes. Consequently, Indiana sales tax was not collected separately from the purchase price of the food. Keywords: 1st; assembly; board; code; colwell; county; court; general; gross; idsr; income; income tax; indiana; indiana code; indiana tax; isbtc; jan; july; law; leg; n.e.2d; property; review; sales; sales tax; section; sess; state; tax; tax court; taxpayer
• Recent Developments in Indiana Tort Law by Meyer, Tammy J.; Walker, Mark E. (1998) - [Vol. 3 1 :839 emphasized that the freedom to act is subject to regulation.^^ Excessive entanglement occurs when courts begin to review and interpret a church's constitution, laws and regulations.^* Therefore, the court reviewed each of the plaintiffs claims in light of the First Amendment. Noting that courts in other jurisdictions are divided on the issue, the court found that in the present case, the plaintiffs claims did not require any inquiry into religious doctrine or practice.^^ Keywords: act; appeals; blake; case; claim; court; duty; indiana; indiana court; indiana law; judgment; law; liability; n.e.2d; plaintiff; public; statute; summary; tort; trial court
• Front Matter by Law Review, Indiana (1998) - B.A., Western University; M.L.S., Indiana University; J.D., Indiana University School of Law—Indianapolis. Foreign, $28 Student, $17 (4 issues) Single Issue, $8; Survey Issue, $17; Centennial Issue, $12 Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Keywords: a.b; andy; bna; college; criminal; indiana law; indiana university; indianapolis; j.d; law; professor; review; school; state; university; university school
• The Mythology of Waivers of Bankruptcy Privileges by Kelch, Thomas G.; Slattery, Michael K. (1998) - 2. Myth No. 2: Waivers ofBankruptcy Privileges Violate Provisions ofthe Bankruptcy Code.— a. Ipso facto clauses and the like.—The courts also wrestle with specific provisions of the Bankruptcy Code in analyzing bankruptcy privilege waivers. We think that some arguments can be drawn from the statute to support enforcement of bankruptcy privilege waivers. Keywords: bankruptcy; bankruptcy law; bankruptcy privileges; case; code; contract; court; creditors; debtor; law; ofthe; policy; property; provisions; public; relief; rights; section; state; statutory; stay; waiver
• Reevaluating Substantive Due Process as a Source of Protection for Psychiatric Patients to Refuse Drugs by Brooks, William M. (1998) - If substantive due process protected only fundamental constitutional rights, then the Supreme Court would subject all infringements of protected substantive liberty interests to the same scrutiny as it does the infringement of fundamental rights. These two justices comprised part of the plurality opinion in Planned Parenthood that made frequent reference to fundamental rights and interests. Keywords: administration; ann; cir; court; decisions; drugs; f.2d; government; hospital; iii; individual; interest; judgment; law; law right; liberty; medication; mental; note; patient; person; process; professional; protection; rennie; review; right; rogers; standard; state; state court; state interests; state law; supp; supra; supreme court; text; treatment; u.s; youngberg
• Health Care Information Technology and Informed Consent: Computers and the Doctor-Patient Relationship by Miller, Frances H. (1998) - Hospitals also must provide patients information about their written policies for implementing those rights. The quality of health care information is notoriously variable, on the internet and elsewhere. Keywords: care; clinical; consent; data; doctors; duty; health; health care; health information; hospital; information; internet; law; life; medical; medicine; new; patient; physician; quality; research; review; standards; technology
• Judicial Policy and Quantitative Research: Indiana's Statute of Limitations for Medical Practitioners by Bovbjerg, Randall R.; Schumm, Joel M. (1998) - 52 Despite the rapid rates of change in Indiana claims and premiums, there are some indications that the state was not high compared with national norms.53 In response, physicians declared a national crisis, and almost all legislatures 47. 3 In deciding whether medical malpractice claims should be subjected to a more stringent statute of limitation than all other tort claims, the supreme court has been asked to consider numerous historical and constitutional claims, but little empirical evidence, either about the problems that precipitated reform or the results that it produced. Keywords: average; care; cases; claims; data; health; indiana; information; insurance; law; liability; limitations; malpractice; medical; naic; note; reform; report; states; statute; supra; supra note; table; time; tort; year
• Appendix 1: Brief of Amicus Curiae Indiana Trial Lawyers Association by Tribe, Laurence H.; Pardieck, Roger L. (1998) - The separation of powers, substantive restrictions on legislative power, and explicit recognition of individual liberties — such as the right to a remedy—were all attempts to cabin legislative authority and to guarantee the availability of common law remedies. That such proposals were even made demonstrates that the Framers believed that the legislature was without power to abrogate common law remedies in the manner of § Keywords: art; constitution; indiana; law; legislature; n.e.2d; right; state; statute
• Appendix 2: Brief of Amicus Curiae Indiana State Medical Association by Jensen, David C.; Clarke, Sherry L. (1998) - 441 N.E.2d 8 (Ind. 1982)(three-year statute of repose from the date of exposure to asbestos); Woolworth v. Lilly Industrial Coatings. 446 N.E.2d 646 (Ind. App. 1983) (two year statute for latent diseases); Beecher v. White. Indiana courts are particularly reluctant to strike down statutes which courts have long held to be constitutional, Illinois Steel Co. v. Fuller. Keywords: app; article; ind; indiana; law; malpractice; martin; medical; n.e.2d; statute
• Eight Years After Milkovich: Applying a Constitutional Privilege for Opinions Under the Wrong Constitution by Eversole, M. Eric (1998) - The Majority 's Decision andJustice Brennan 's Dissent In 1974, plaintiff Milkovich and his wrestling team were involved in a fight with a rival high school, Maple Heights. 25 Further, they enjoy significantly greater access to channels of effective communication and hence have a more realistic opportunity to counteract false statements than private individuals enjoy. Keywords: amendment; analysis; art; const; court; defamation; facts; gertz; inc; law; milkovich; opinion; public; speech; statement; supreme; u.s
• Back Matter by Law Review, Indiana (1998) - Gary L., Schumm, Joel M., Recent Developments in Indiana Criminal Law and Procedure 533 O'Brien, Sean P., Survey ofRecent Developments in Indiana Evidence Law 589 Ogden, Patricia L., Survey ofLabor and Employment Law Developmentsfor Indiana Practitioners 567 Ogden, Timothy A., Review of1997 Seventh Circuit Bankruptcy Decisions 473 Parker, Johnny, The Common Fund Doctrine: Coming ofAge in the Law ofInsurance Subrogation 313 Render, John C, Smith, N. Kent, Kramer, Letha S., Jones, Pamela J., Health Care Law: A Survey of1997 Developments 621 Render, John C, The Prohibition on Government Appeals ofAcquittals 353 Stommel, R. Robert, Cox, Dina M., Recent Developments in the Indiana Law ofProduct Liability 707 Tyler, Barbara J, Cyberdoctors: The Virtual Housecall—The Actual Practice ofMedicine on the Internet Is Here; Is It a Telemedical Accident Waiting to Happen? 259 Tyler, Lynn C, Trade Secrets in Indiana: Property vs. Relationship 339 Wilkins, Michael A., Blaiklock, A. Richard M., Indiana Appellate Procedure in 1997 669 Wright, Danaya C, Trains, Trails, and Property Law: Indiana Law and the Rails-to-Trails Controversy 753 1998] INDEX iii NOTES Allen, Michael E., Analyzing Minimum Contacts Through the Internet: Should the World Wide Web Mean World Wide Jurisdiction? Keywords: developments; indiana; law; michael; survey
• Front Matter by Law Review, Indiana (1998) - Foreign, $28 Student, $17 (4 issues) Single Issue, $8; Survey Issue, $17; Centennial Issue, $12 Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. A.B., West University University.; J.D., LL.M., Harvard University; B.S., Duke University. Keywords: a.b; college; indiana; indiana law; indiana university; indianapolis; j.d; law; new; professor; review; school; state; university
• Symposium: National Power and State Autonomy: Calibrating the New "New Federalism" by Baker, Cynthia A.; Mattingly, Jonathan D. (1998) - Indiana Law Review Indiana Law Review Volume 32 1998 Number 1 Symposium: National Power and State Autonomy: ** Symposium Editor, Indiana Law Review, Volume 3 1 . Keywords: federalism; law
• State and Federal Constitutional Law Developments by Berger Levinson, Rosalie (1998) - To the contrary, it reasoned that the Indiana Constitution only prohibits the legislature from taking away vested property rights created by the common law, and that there is no vested property right in a remedy for a cause of action which has not accrued until after the time limitation has passed.^^ Further, according to a 1992 Indiana Supreme Court case, the legislature has the power to modify or restrict common law rights and remedies in cases involving personal injury. Relying on an earlier Indiana Supreme Court ruling on this issue, Dague v. Piper Aircraft Corp.,^^ the court rejected the article I, section 12 argument.*^ Keywords: amendment; article; cir; clause; court; government; indiana; indiana law; interest; law; n.e.2d; process; public; right; school; section; speech; state; statute; supreme; supreme court; u.s
• Sounds of Sovereignty: Defining Federalism in the 1900s by Yoo, John C. (1998) - According to this criticism, the alleged benefits that arise from federalism derive from administrative decentralization, rather than from innate value in separating national from state power. In contrast, state power would extend to all the objects, which, in the ordinary course of affairs, concern the lives, liberties and properties of the people; and the internal order, 12. Keywords: constitution; federalism; framers; government; individual; interests; law; people; power; review; rights; sovereignty; state; u.s
• Printz and Testa: The Infrastructure of Federal Supremacy by Jackson, Vicki C. (1998) - State courts have authority to enforce federal law, not because they are constitutionally equal to the inferior federal courts, but because it is necessary for the union that state courts do so and because the supremacy of federal law requires state courts to do so. Their argument goes both to Congress' power—a power I agree is substantial but which I believe is limited by the constitutional requirement that state courts exist as creatures of state governments—and to the power and propriety of federal courts articulating a new presumption in favor of federal procedural requirements in state court. Keywords: adjudication; cases; claims; clause; congress; constitution; federal; government; jurisdiction; law; note; power; procedures; professor; redish; rev; rules; sklaver; state; state courts; state law; supra; supremacy; u.s
• Discovering the Impact of the "New Federalism" on State Policy Makers: A State Attorney General's Perspective by Modisett, Jeffrey A. (1998) - However, as applied to Indian gaming this becomes difficult because under federal law states have little say in, and almost no regulatory control over, Indian lands. Second, the power shift from the national to state governments requires a determination of whether states, and more specifically state policy- makers, are prepared to take up the regulatory slack. Keywords: code; court; criminal; federal; federalism; government; indiana; law; new; power; state; supp; u.s; u.s.c
• Congressional Federalism and the Judicial Power: Horizontal and Vertical Tension Merge by Hodes, W. William (1998) - [Vol. 32:155 For one thing, there was a federal statute in play, the Rules of Decision Act,29 which directed the federal courts to apply state law. Does Erie thus really mean to say that there are certain areas in which Congress can replace state law, but the federal courts cannot? Keywords: clause; commerce; congress; court; federal; law; power; rev; state; u.s
• The Powers of Congress Under Section 5 of the Fourteenth Amendment After City of Boerne v. Flores by Rotunda, Ronald D. (1998) - J. 263, 266, 269 (1986) (commenting that courts interpret the dormant Commerce Clause to promote interstate commerce; when state rules affecting interstate commerce impose equal burdens on intra-state commerce, the court is more deferential to state power because of a political check by the voters within the state who directly bear the burdens). A major purpose of the Fourteenth Amendment was to give Congress the power to restrict state power, so the fact that the Fourteenth Amendment amends the earlier-enacted Eleventh Amendment is not surprising. Keywords: act; action; amendment; city; clause; commerce; congress; court; eleventh; fourteenth; law; morgan; ofboerne; power; protection; rights; section; state; u.s
• The Illusory Nature of Environmental Protection in a Marxist-Socialist Polity: The Case of Poland by Kelly, Michael J. (1998) - After dedicating the first two chapters to a description of Communist Poland's ecological crisis and the history of environmental law in that country, Cole quickly moves on to his explanatory chapters (three through six), which detail four causalities for the ultimate failure to protect the environment: ( 1 ) the un- or non-enforceability of environmental laws; (2) Communist Party politics; (3) state-controlled socialist economics; and finally (4) Marxist ideology. Introduction When I told a colleague that I was penning a review of a book on environmental protection in Poland, he looked at me quizzically and asked whether that was an oxymoron, along the lines of military intelligence. Keywords: book; chapter; cole; communist; environmental; government; law; poland; professor; protection; state
• Jaffe v. Redmond: The Supreme Court's Dramatic Shift Supports the Recognition of a Federal Parent-Child Privilege by Ricafort, Nissa M. (1998) - * 1 Additionally, the proposed rules would have greatly narrowed the scope of the existing privileges 42 and restricted the judicial development of privileges by freezing federal privilege law and denying federal courts the power to create new privileges.43 After much debate and controversy, Congress rejected the proposed rule containing specific privileges and chose to adopt a much amended and broader privilege rule—FRE 501. 44 By granting federal courts the power to develop federal privilege law without any guidance as to how to exercise that power, the language of FRE 501, as adopted by Congress, has resulted in controversy over the scope of the federal courts' power to develop new privileges.45 38. Some courts have followed commentators' suggestions of turning to state decisions to help define the development of federal privilege law. Keywords: child privilege; communications; court; evidence; federal; grand; jaffe; jury; law; new; note; parent; patient privilege; privilege law; privileges; states; supra; supra note; supreme; u.s; united
• Front Matter by Law Review, Indiana (1999) - B.A., Western University; M.L.S., Indiana University; J.D., Indiana University School of Law—Indianapolis. For the following academic year, the subscription rate for four issues will be: ^Domestic, $30; Foreign, $35; Student, $20* *Single Issue, $10; Survey Issue, $20* *Symposium Issue, $15* Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Keywords: a.b; b.s; college; indiana law; indiana university; indianapolis; j.d; ken; law; law review; ll.m; oflaw; professor; review; school; stroud; university; university school
• The Contingent Employee Benefits Problem by Berger, Mark (1999) - '^ While an employer may be able to avoid some of the costs associated with employee benefits by supplementing core employees with contingent workers, it is also possible to take the further step of converting an existing work force into a contingent employee system. According to U.S. Chamber of Commerce estimates, employee benefits accounted for 3% of total compensation paid to employees in 1929, but this figure had risen to 41.9% by 1996.^^ While some of these costs represent required benefits, such as Social Security^^ and Unemployment Insurance,^'* others reflect programs which have become increasingly important in the contemporary economic environment, though not mandatory. Keywords: act; benefit plan; benefits; business; cir; circuit; code; company; contingent; contractor; corp; court; decision; eligibility; employee benefits; employees; employer; employment; erisa; force; health; i.r.c; insurance; labor; law; microsoft; note; participation; pension; plan; problem; retirement; revenue; review; section; supp; supra; tax; time; u.s; workers
• Successful Rational Basis Claims in the Supreme Court from the 1971 Term Through Romer v. Evans by Farrell, Robert C. (1999) - v. Rodriguez, 41 1 U.S. 1, 40 (1973) (A century of Supreme Court adjudication under the Equal Protection Clause affirmatively supports the 1999] SUCCESSFUL RATIONAL BASIS CLAIMS 359 the Court applies this standard, it is ordinarily extremely deferential to the democratically elected branches of government. This section will examine Moreno and then put it into a context of factually related Supreme Court cases in which the Court's reasoning and results were quite different. Keywords: amendment; basis; cases; claims; classification; cleburne; co.; court; different; evidence; food; gunther; indiana; interest; issue; justice; law; majority; mat; moreno; property; protection; purpose; rationality; review; scrutiny; standard; state; statute; supreme court; tax; u.s; use; value; years
• Domination of a Subsidiary by a Parent by Rands, William J. (1999) - Perhaps the most well known of all aphorisms regarding American corporate law is the following observation made by Judge Cardozo in 1926: The whole problem of the relation between parent and subsidiary corporations is one that is still enveloped in the mists of metaphor. (b) The parent and subsidiary corporations have common directors or officers. Keywords: agency; agent; business; cases; cir; co.; control; corporation; domination; f.2d; factor; groups; inc; law; liability; limited; note; parent; parent corporation; rev; shareholders; subsidiary; supra; supra note; veil
• Housing Discrimination and Source of Income: A Tenant's Losing Battle by Johnson-Spratt, Kim (1999) - This Note explores the impact of the lack of protection against source of income discrimination on tenants and the policy reasons for why it is imperative that such protection exist. Other solutions discussed and evaluated include Congress amending the Fair Housing Act to include source of income as a protected category and HUD acting to promulgate regulations that ban source of income discrimination. Keywords: act; beck; court; discrimination; fair; families; housing; income; income discrimination; landlords; law; section; source; supp; tenants
• Covenant Marriage: Legislating Family Values by Stewart, Amy L. (1999) - Finally, the American people are ambivalent about changing divorce laws. History has taught that divorce laws in America have little impact on the rate of divorce^*^ and that more restrictive divorce laws do not keep couples together when they want to be apart.^** Social changes impact divorce laws; divorce laws do not effect social change.^*^ There are alternatives, however, if policy-makers are serious about addressing the negative consequences of marital breakdown. Keywords: ann; children; counseling; couples; covenant; divorce; family; fault; fault divorce; h.b; law; laws; marital; marriage; note; rate; reg; rev; sess; stat; supra; supra note; women
• The Written Description Requirement of 35 U.S.C. § 112(1): The Standard After Regents of the University of California v. Eli Lilly & Co. by Stewart, Mark J. (1999) - DNA patent applications often seek protection for cDNAs associated with expressed sequence tags (ESTs). Regents OF THE University of California v. Eli Lilly & Co. In July 1997, the Federal Circuit again considered the written description requirement for DNA inventions in Regents ofthe University ofCalifornia v. Eli Lilly & Co}^^ Keywords: application; cdna; cir; claims; court; description; description requirement; dna; f.2d; fed; gene; invention; law; lilly; patent; protein; requirement
• Limits on the Ability to Discipline Disabled School Children: Do the 1997 Amendments to the IDEA Go Far Enough? by Thompson, Kelly S. (1999) - The rise of violence, drugs and weapons in public schools has been accompanied by an increase in the number of disabled school children engaging in such violent behavior.'* The rights of disabled students should not have been protected at the extreme cost to the interests of school officials in ensuring safe schools.^'* In addition, the Supreme Court in Honig did not address all the issues related to disciplining disabled school children. Keywords: amendments; children; congress; court; disabilities; discipline; education; idea; law; note; public; school; students; supra; teachers
• Front Matter by Law Review, Indiana (1999) - Law Review Specialist at INDIANA.LAW REVIEW INDIANA UNIVERSITY SCHOOL OF LAW-INDIANAPOLIS 735 West New York Street Indianapolis, Indiana 46202-5194 For the following academic year, the subscription rate for four issues will be: *Domestic, $30; Foreign, $35; Student, $20* *Single Issue, $10; Survey Issue, $20* *Syniposiuni Issue, $15* Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Indiana Law Review Indiana Law Review e.2- Volume 32, No. 3 1999 INDIANA UNIVERSITY AUG 1 6 1999 SCHuUij Kj£ IAvv-ii>iiJPLS * LIBRARY 1998 SURVEY OF RECENT DEVELOPMENTS IN INDIANA LAW CONTRIBUTORS TO THIS ISSUE Keywords: a.b; associate; b.s; college; indiana; indiana university; indianapolis; j.d; law; oflaw; professor; review; school; university
• Moving the Rock: The Constant Need to Re-Invent the Profession Using the Nation's Judiciary as Leaders by Shepard, Randall T. (1999) - Judge David Dreyer of the Marion Superior Court has been able to use the platform of his office to convene meetings attended by representatives from all the pro bono organizations in Central Indiana as well as nearly every bar association from the counties around Indianapolis.^^ We have had many other instances where Indiana judges have devised creative ways to reach out and into the community. Their 1993 survey showed, for example, that public confidence in law firms had declined substantially since the 1970s.^ Keywords: aba; confidence; courts; indiana; judges; justice; law; lawyers; public; system
• State and Federal Constitutional Law Developments by Berger Levinson, Rosalie (1999) - The Maine Supreme Court has held that Congress cannot force state courts to entertain FLSA claims, thus in essence nullifying FLSA as to state employers.^** The court later learned that on the day before it rendered its opinion, Congress amended USERRA to confer jurisdiction only on state courts over suits against a state employer.^^^ As a result, the court vacated its opinion and reaffirmed dismissal on grounds that it lacked jurisdiction over the USERRA claim. Keywords: act; amendment; analysis; app; case; cir; city; congress; constitution; court; federal; government; indiana; indiana law; interest; law; mat; n.e.2d; power; process; protection; public; review; rights; section; speech; state; statute; supreme court; u.s
• 1998 Survey of Indiana Contract and Business Law by Alberts, Joseph R.; Hamilton, John W. (1999) - The court then held that the Bank did not meet its burden of establishing that no genuine issue of material fact existed by merely asserting good faith, and reversed the trial court's grant of summary judgement on this issue/^° In addressing the Bank's cross appeal for denial of summary judgment, the court focused on determining the point in time at which the Depositor's cause of action accrued under Indiana Code section 34-1-2-2*^' for the purpose of determining whether the statute of limitations had lapsed/^^ The court first noted that Indiana courts, in determining when a cause of action accrues under Indiana Code section 34-1-2-2, consistently have applied the discovery rule whereby a cause action begins accruing at the time the plaintiff knew, or with the exercise of ordinary diligence, could have discovered that a cause of action against another has arisen.'*^^ The Reyes court rejected any additional exceptions to the general rule stating that [ajbsent fraud, other illegality, or abuse of civil or property rights having their origin elsewhere in law, Indiana courts will not interfere in the internal affairs of voluntary membership associations. Keywords: action; agreement; app; appeals; bank; breach; business; case; claim; code; company; contract; corporation; court; damages; employment; fraud; i.c.c; inc; indiana; indiana law; insurance; interest; judgment; law; n.e.2d; ofthe; order; parties; party; pay; purchase; review; rule; star court; statute; summary; supreme court; terms; trial court; vol
• Contract Damages as Substitute for Full Performance by Nehf, James P. (1999) - Besides, treble damages sounds punitive and more like a penalty for contract breach. Consequential Damages The measure of damages in contract cases is the loss actually suffered as a result of the breach.^^ Not all of the actual loss is compensable, however. Keywords: app; award; breach; claim; co.; contract; court; damages; fees; inc; ind; indiana; law; n.e.2d; parties; party; plaintiff; profits; provision
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M. (1999) - Id § 35-44-3-3(a). 1999] CRIMINAL LAW 791 The general assembly also amended several statutes to provide enhanced charges for the crimes of rape,^^ criminal deviate conduct,^^ child molesting,^^ vicarious sexual gratification,^^ sexual battery,^^ and sexual misconduct with a minor^^ when the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in [Indiana Code section] 16-42-19-2(1)) or a controlled substance (as defined in [Indiana Code section] 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.^^ The legislature also established as a new statutory aggravating circumstance, which trial courts may consider when imposing sentence, that [b]efore the commission of the crime, the person administered to the victim of the crime, without the victim's knowledge, a sedating drug or a drug that had a hypnotic effect on the victim, or the person had knowledge that such a drug had been administered to the victim without the victim's knowledge.^' The legislature also added another statutory aggravating circumstance that the injury to or death of the victim of the crime was the result of shaken baby syndrome (as defined in [Indiana Code section] 16-41-40-2).^^ The bail statute was amended and now allows trial courts to increase bail if the state presents additional clear and convincing evidence: (A) of the factors described in [Indiana Code section] 33-14-10-6(l)(A)f^^^ and [Indiana Code section] 33-14-10-6(l)(B);^^'*^ or (B) that the defendant otherwise poses a risk to the physical safety ofanother person or the community.^^ The court noted that Indiana courts have cited to and applied different standards when evaluating voluntariness issues under the U.S. Constitution. Keywords: appeals; court; criminal; defendant; ind; indiana; jury; law; n.e.2d; person; state; statute; trial
• Recent Developments in Indiana Evidence Law by Cooper, Jeffrey A. (1999) - This Article analyzes the major developments in Indiana evidence law during the period between October 1, 1997 and September 30, 1998. This likelihood requires that courts take seriously their obligation to engage in careful balancing, to ensure that evidence of other acts is not admitted in situations in which the danger of unfair prejudice substantially outweighs the evidence's probative value. Keywords: court; defendant; evidence; ind; indiana; indiana court; law; n.e.2d; privilege; prosecution; rule; state; statement; supreme court; testimony; victim
• Health Care Law: A Survey of Significant 1998 Developments by Render, John C.; Hogan, James B. (1999) - The parties agreed that the relevant product market encompassed general acute care inpatient hospital services, including primary and secondary services, but excluding tertiary and quaternary care hospital services. Id 1999] HEALTH CARE LAW 851 entity to serve charitable purposes or provide health care services to the community as a whole. Keywords: act; care; compensation; court; eligibility; entity; federal; health; health care; hospital; indiana; insurance; law; market; medicaid; medical; patient; person; physician; program; provider; regulations; review; services
• Recent Developments in Intellectual Property Law by Brown, Christopher A. (1999) - Which of these or other positions on Indianapolis Colts is held by Indiana courts may be delineated at a future date. Recognizing that the statutory damages award does not compensate Martin fully, that not awarding costs and fees would have the effect of reducing further the adequacy of the damages award, and an award would encourage artists ... to assert their VARA rights in court, the court granted reasonable attorney's fees to Martin. Keywords: business; conseco; court; indiana; information; jurisdiction; law; matter; patent; subject; trade; trademark
• Recent Developments in the Indiana Law of Product Liability by Stommel, R. Robert; Cox, Dina M. (1999) - The Lytle court clarified when Daubert should be utilized to assess the admissibility of expert evidence in Indiana state courts.^*^ In Lytle, the court reviewed a trial court's entry of summary judgment in favor of Ford based upon, inter alia, the plaintiffs lack of competent expert evidence on causation.^'^ The court noted that [t]he admissibility of an expert's 207. Id. (quoting Bradley v. Brown, 42 F.3d 434, 437 (7th Cir. 1 994) (other citations omitted) | (alteration in original)). [Vol. 32:927 they sought out hot coffee, knew it could bum, and took precautions as a result. Keywords: car; cause; coffee; court; defect; evidence; expert; gas; indiana; law; liability; plaintiffs; product; testimony
• Recent Developments in Property Law by Dorelli, Michael A.; Bowman, Joseph C. (1999) - This Article surveys decisions handed down by Indiana courts between October 1 , 1 997 and September 30, 1998. Indiana Code section 32-1 1-1-8 states: Any party to such action, aggrieved by the assessment of benefits or damages, may file written exceptions thereto in the office ofthe clerk of such court in vacation, or in open court if in session, within twenty (20) days after the filing of such report, and the cause shall further proceed to issue, trial and judgment as in civil actions; the court may make such further orders, and render such findings and judgments as may seem just. Keywords: app; appeals; code; court; easement; ind; indiana; indiana court; landlord; law; n.e.2d; panhandle; possession; property; statute; tenant; trial court; use
• 1998 Developments in Indiana Taxation by Jegen III, Lawrence A.; Duncan, Gregory J. (1999) - ^^ G. Property Taxation In the area of property tax, the general assembly enacted three bills.^° Monarch was entitled to an interstate commerce exemption for its business personal property for the tax years 1987 through 1995.^^^ Indiana allows inventory to be exempt from property tax when located within Indiana if the inventory is merely within Indiana to be repackaged or is in 386. Keywords: admin; assessment; code; county; court; evidence; exemption; grade; ind; indiana; isbtc; land; law; n.e.2d; new; obsolescence; property; property tax; review; state; tax; tax court; tax ct; taxation; taxpayer; tit; value
• Recent Developments in Indiana Tort Law by Meyer, Tammy J.; Lansberry, Kyle A. (1999) - '^ To determine whether a duty to inspect exists, the court suggested that Indiana courts should instead focus on those factors explored in typical negligence cases, including: the relationship of the parties, the reasonable foreseeability of harm to the person injured, and public policy concerns. With regard to children, Indiana courts have generally established the following three tiered analysis, which holds a child to the exercise of care proportionate to the child's capacity: (1) children under the age of 7 years are conclusively presumed to be incapable of being contributorily negligent; (2) between the ages of 7 and 14 years of age, a rebuttable presumption exists that a child may be guilty of contributory negligence; (3) children over the age of 14, absent special circumstances, are chargeable with exercising the standard of care of an adult.^^ In Creasy, the Indiana Court ofAppeals determined that Indiana has likewise indicated a willingness to factor in an adult's mental capacity when determining whether to hold an adult person responsible for negligence. Keywords: app; court; defendants; duty; gas; impact; indiana; indiana court; indiana law; issue; judgment; law; n.e.2d; person; plaintiff; rule; summary; supreme court; tort; trial court
• 1998 Survey of the Uniform Commercial Code in Indiana by Greenberg, Harold (1999) - The issue of specific performance under UCC section 2-716 was not discussed. The court continued that even if the practice of sending out sales managers were inconsistent with the distributorship agreement, it was a course of dealing pursuant to UCC section 2-105 that was trumped by the express distributorship agreement.'^^ Keywords: agreement; buyer; company; contract; court; indiana; law; performance; section; seller; ucc
• Twenty-first Century Challenges for Law and Public Health by Levy, Barry S. (1999) - Many policies and programs on such issues as tobacco and alcohol control—like preventing teenagers from drinking and smoking—pertain to this area of public health law. Many public health laws are enacted and enforced under the state's police powers—something that can cut both ways. Keywords: care; disease; health; issues; law; laws; need; people; public; states; united
• Front Matter by Law Review, Indiana (1999) - We extend our thanks to Professor Florence Roisman for planting the seed that germinated into this issue; and Professor David Papke for encouraging us to implement our ideas for progressing the Law Review, Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. B.A., Western University; M.L.S., Indiana University; J.D., Indiana University School of Law—Indianapolis. Keywords: a.b; b.s; college; indiana; indiana law; indiana university; indianapolis; j.d; law; law review; new; oflaw; professor; review; school; university
• Introduction to Women and the Law: Facing the Millennium by Law Review, Indiana; Bader Ginsburg, Ruth (1999) - Around 1970, women students at Rutgers Law School whose consciousness of sex discrimination had awakened at least as much as mine, young women encouraged by a vibrant movement in the United States for racial equality, asked for a seminar on Women and the Law. My savvy, sympatique colleague and counselor, first woman appointed to the U.S. Supreme Court, Justice Sandra Day O'Connor, confirms a report familiar to students who attended law schools in the 1950s, even in the 1960s. Keywords: court; justice; law; school; supreme; u.s; university; women
• Examining Race and Gender Bias in the Courts: A Legacy of Indifference or Opportunity? by Selby, Myra C. (1999) - This Article briefly reviews the evolution of race and gender bias task forces in state courts, beginning with the resolution passed by the Conference of Chief Justices^ in 1988, the establishment of numerous state task forces, the general problems identified by these task forces, and the results of some of the work undertaken by them. Also, because this Article focuses on the movement to form race and gender bias task forces in this country, the Appendix reflects the date ofthe task force formation only. Keywords: bar; bias; courts; force; gender; gender bias; indiana; judge; judicial; justice; law; race; state; system; task; women
• Protecting the Hand that Rocks the Cradle: Ensuring the Delivery of Work Related Benefits to Child Care Workers by Cohen-Whelan, Debra (1999) - Child care workers who do not receive wages and benefits necessary for their basic subsistence must rely on other sources of financial assistance. Treating child care workers as real employees lifts the veil ofsecrecy that shrouds domestic service. Keywords: care credit; care expenses; child care; credit; deduction; dependent; employees; employer; employment; employment tax; expenses; home; household; i.r.c; income; income tax; irc; law; nanny; nanny tax; tax; taxes; taxpayer; workers
• The Rugged Feminism of Sandra Day O'Connor by Olans Brown, Judith; Parmet, Wendy E.; O'Connell, Mary E. (1999) - **° Justice O'Connor fits this mold perfectly. Focusing on whether Justice O'Connor is a true feminist inevitably overemphasizes a particular delineation of feminist orthodoxy^ and neglects the nature of her contributions to issues that matter to women.^ In our view the more significant question is the one less often asked: What does Sandra Day O'Connor do when issues that affect the lives ofwomen come before her? Keywords: abortion; cases; children; court; day; day o'connor; family; feminist; gender; justice; justice o'connor; law; new; o'connor; opinion; rev; review; right; sandra; school; state; supra note; u.s; women; woods
• Feminists & Contract Doctrine by Threedy, Debora A. (1999) - I read his claim that male bias has not had important consequences for contract law as having three components: the concept of male bias, the concept of contract law, and the judgment that the effect of male bias on contract law has not been important. The first possible interpretation is that the professor believed that, once upon a time, contract law suffered from male bias, but that the problem has been cured and is no longer worth discussing. Keywords: contract; contract law; doctrine; family; feminism; feminists; freedom; gender; law; male; market; marriage; note; ofthe; rev; supra; supra note; women
• On Mirror and Gavels: A Chronicle of How Menopause Was Used as a Legal Defense Against Women by Bookspan, Phyllis T.; Kline, Maxine (1999) - [and t]here is evidence that bias does occur with disturbing frequency at every level); Judith Resnik, Naturally Without Gender: Women, Jurisdiction, and the Federal Courts, 66 N.Y.U. L. REV. 1682 (1991) (reporting on the conclusions of the New York Task Force on Women in the Courts that gender bias against women is a pervasive problem that has grave consequences including daily distortions in courts* application of substantive law and that it is unlikely that the federal judiciary is totally exempt from instances of this general societal problem). See also Martha Chamallas & Linda K. Kerber, Women, Mothers, and the Law ofFright: A History, 88 Mich. L. Rev. 814 (1990) (documenting the legal tendency to connect women to emotional injury, even when the injuries have severe physical consequences). Keywords: accident; age; app; award; case; change; co.; condition; court; damages; defendant; divorce; evidence; expert; female; husband; indiana; injuries; injury; law; life; medical; menopause; menopause defense; new; note; ofthe; plaintiff; result; review; s.w.2d; state; supra; symptoms; syndrome; testimony; time; treatment; trial; vol; wife; women; years
• Orthodoxy and Heresy: The Nineteenth Century History of the Rule of Law Reconsidered by Cole, Richard P. (1999) - This view of history led Jefferson to resist the repeated assertions of elite defenders ofthe common law that it was a moral body of law.^^^ Further, always suspicious ofthe exercise ofjudicial discretion, Jefferson was dismayed by the reworking of common law effected by Mansfield during his long tenure as England's leading jurist. Heretics is a most readable book readily accessible to anyone interested in the history of American law. Keywords: american; antilegalism; century; civil; community; constitution; cooper; court; culture; early; elite; english; example; federal; government; heresy; history; indiana law; john; justice; law; law review; lawmaking; laws; lawyers; nation; new; nineteenth; ofthe; order; orthodoxy; papke; period; profession; rule; society; study; supra note
• The Managed Care Plan Accountability Act by Hutchinson, Heather (1999) - Today, over forty-five million Americans are enrolled in MCOs and ERISA governs the majority of those plans.^^ Managed care health plans cover more than seventy percent ofAmerican workers and their families.' ' Congress now has the opportunity to provide for the uniform regulation of health care plans by clearly setting out what remedies are available to individuals harmed by the cost cutting measures that 185. Keywords: benefit; care; claims; cost; court; employee; erisa; federal; health; health care; insurance; law; liability; mcos; mcpaa; note; patient; physician; plan; review; state; supra; treatment
• Private Police: Defending the Power of Professional Bail Bondsmen by Joiner, Holly J. (1999) - Reducing the power of bail bondsmen only decreases the ability of defendants to make bail and secure release from jail. The rights and liabilities of bail bondsmen discussed in this Note also apply to agents of bail bondsmen commonly called bounty hunters, skip tracers, bail enforcement agents, and bail enforcement officers. Keywords: bail; bail bondsmen; bondsman; cir; contract; court; defendant; f.2d; law; note; police; right; state; supra; surety; system; united
• Back Matter by Law Review, Indiana (1999) - [Vol. 32 Moving the Rock: The Constant Need to Re-Invent the Profession Using the Nation's Judiciary as Leaders ChiefJustice Randall T. Shepard 591 On Mirrors and Gavels: A Chronicle of How Menopause Was Used as a Legal Defense Against Women Phyllis T. Bookspan 1267 Maxine Kline Orthodoxy and Heresy: The Nineteenth Century History of the Rule of Law Reconsidered Richard P. Cole 1335 Printz and Testa: The Infrastructure of Federal Supremacy Vicki C Jackson 1 1 1 Protecting the Hand that Rocks the Cradle: Ensuring the Delivery of Work Related Benefits to Child Care Workers Debra Cohen-Whelan 1 187 Recent Developments in Indiana Criminal Law and Procedure Joel M. Schumm 789 Recent Developments in Indiana Evidence Law Jeffrey O. Cooper 81 1 Recent Developments in Indiana Tort Law Tammy J Meyer 1061 Kyle A. Lansberry Recent Developments in Intellectual Property Law Christopher A. Brown 909 Recent Developments in Property Law Michael A. Dorelli 973 Joseph C Bowman Recent Developments in the Indiana Law of Product Liability R. Robert Stommel 927 DinaM. Indiana Law Review INDIANA LAW REVIEW VOLUME 32 1998-1999 AUTHOR AND TITLE INDEX The Trustees of Indiana University Keywords: developments; federalism; indiana; law; state; survey
• Front Matter by Law Review, Indiana (1999) - mA The Bureau of National Affairs, Inc. 1231 25th Street, NW Washington, DC 20037 Customer Relations: 1-800-372-1033 email: riskfree@bna.com http://www.bna.com Indiana Law Review >o Volume 33 1999-2000 Editor-in-Chief Lorena Bray Driscoll Executive Managing Editor Pamela J. Hensler Executive Notes and Topics Editor Erin E. Heuer Lantzer Executive Articles Editors Joshua P. Hollingsworth Theresa M. Moore Symposium Editor Jennifer K. Bagby Articles Editors Grace M. Baumgartner Terry E. Hall Shawn A. Neal Michelle L. Neff Patrick James Olmstead James C. Owen Tara J. Stapleton Chris A. Wrede Note Development Editors Jamie R. Brashear Amanda J. Dickmann Kelley A. Kam Susan W. Kline Cynthia A. Muse Jill M. Ceding Brittany R. Abemathy Elijah D. Farrell A. Jack Finklea Mary Jane Frisby Associate Editors Chad J. Melchi Gregory A. Neibarger Patrick A. Scheiderer Tiffany A. Sharpley Members Michael J. Adler Matthew T. Albaugh Richard C. Ascroft Jill Baniewicz Michelle L. Blank Todd J. Cochran Julee C. Fischer Matthew D. Fisher Alexander D. Forman Katherine S. Green Eliza Houston Angela K. Imel Kathryn L. Infanger David J. Karnes Tina L. Korty Stephanie Hardy Moore Kenneth J. Munson Danel M. Nickels Jennifer Pruitt Jennifer E. Riley Libby L. Roberts Jason M. Schiesser Ann Williams Schneider Gene Schulstad Howard A. Setzer Michele L. Stevenson Ann L. Thrasher Jonathan Yarling Editorial Specialist Chris Paynter Faculty Advisor David R. Papke Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Send all correspondence to Law Review Specialist, Indiana Law Review, Indiana University School of Law—Indianapolis, 735 W. New York Street, Indianapolis, Indiana 46202-5 194. Keywords: a.b; associate; college; indiana; indiana university; indianapolis; j.d; law; new; oflaw; professor; review; school; university
• Introduction: The Ability of the Current Legal Framework to Address Advances in Technology by Wilkins, Lawrence P. (1999) - Decision makers for legal workers should explore with vendors all available cost-saving alternatives before committing significant financial resources to information systems technology. Part III will consider the rate of change and make some observations ofthe extent of adoption of information technology by those who do legal work. Keywords: adoption; advances; development; evidence; indiana; information; information systems; law; new; ofthe; software; systems; technology; time; use; work; years
• Is Bioethics Broke?: On the Idea of Ethics and Law "Catching Up" with Technology by Shapiro, Michael H. (1999) - [Mjoral analysis cannot be confined to a process of identifying and applying moral principles, however sophisticated this process might be, when the essential work ofderiving the basis, meaning, and scope ofthese principles is left undone .... In a later section, I discuss what might count as moral progress, and whether such partially fact-driven insights should be so considered. Keywords: abstractions; analysis; answers; attention; autonomy; behavior; bioethics; care; cases; child; choice; circumstances; claim; community; course; courts; death; decision; discipline; equality; example; field; form; formalism; general; hand; health; human; idea; indiana; indiana law; individual; interests; issues; law; law review; life; making; matters; mother; need; new; note; ofthe; overlegalization; patient; people; persons; point; principles; problems; processes; progress; public; question; review; right; risks; rule; science; sense; state; supra; supra note; technology; theory; things; thought; time; use; value; vol; way; wrong
• The Misperception That Bioethics and the Law Lag Behind Advances in Biotechnology: A Response to Michael H. Shapiro by Orentlicher, David (1999) - I began teaching bioethics several years ago, at schools ofboth law and medicine, and I preferred teaching bioethics to the law students. How can we respond to social hostility to the idea of bioethics expertise? Keywords: bioethics; cloning; developments; law; medical; people; science; students; technology; thought
• The Changing Face of Privacy Protection in the European Union and the United States by Cate, Fred H. (1999) - United States When compared with the omnibus, centralized data protection of the EU directive and member states' national laws, U.S. privacy protection stands in stark contrast and to some observers seems to pale altogether. These trends are clearly in evidence in the current efforts of the U.S. Department of Commerce and Directorate General XV of the European Commission to negotiate a safe harbor to allow U.S. companies to comply with the directive, despite the absence ofadequate data protection law in the United States. Keywords: act; activities; amendment; art; court; credit; data; data processing; data protection; directive; disclosure; european; federal; government; indiana; individuals; information; information privacy; interest; internet; law; laws; member; national; new; ofthe; party; personal; privacy; privacy protection; processing; property; protection directive; public; review; right; states; subject; u.s; united; use; vol; working
• Identity, Privacy, and the New Information Scalpers: Recalibrating the Rules of the Road in the Age of the Infobahn: A Response to Fred H. Cate by Krotoszynski, Jr., Ronald J. (1999) - In order to encourage persons to seek testing and treatment for HIV, many communities have adopted privacy laws that prohibit the disclosure of test results to anyone but the patient.^^ If Indiana wished to enact a statute prohibiting the transfer of such information without a patient's consent, it is difficult to believe that the First Amendment would prevent the enforcement ofsuch a law.^' That is to say, the state could enact legislation that precludes an insurance company or HMO from disclosing such information without a patient's or plan participant's prior consent. Keywords: amendment; court; government; information; interest; law; legislation; new; note; privacy; professor; property; protection; public; state; supra; supreme; takings; technology; u.s
• The Internet Is Changing the Face of American Law Schools by Perritt Jr., Henry H. (1999) - The main purposes of law reviews are to provide a special educational opportunity for law students and to disseminate new contributions to legal scholarship. Increasingly, law students learn this on their own, often before they enter law school. Keywords: classroom; computer; court; distance; education; faculty; information; internet; issues; law; learning; materials; ofthe; public; publishing; review; schools; students; technology; use; video; virtual; web
• Closing One Gap but Opening Another?: A Response to Dean Perritt and Comments on the Internet, Law Schools, and Legal Education by Heise, Michael (1999) - What does it mean to say that the Internet's increased integration into legal education fuels changes in how law schools educate their students? One question raised by Dean Perritt's Article concerns the magnitude ofthe changes to legal education that will result from the Internet's increased integration into law schools. Keywords: access; changes; dean; distance; education; internet; law; law schools; learning; new; note; perritt; schools; students; supra; technology
• In re Lindsey: A Needless Void in the Government Attorney-Client Privilege by Dickmann, Amanda J. (1999) - Judge Tatel forecasted that the ruling essentially would deter government clients from confiding in government attorneys. [Vol. 33:291 with this holding, particularly that government officials will avoid confiding in government attorneys because they will never know at the time of disclosure whether the information they share, no matter how innocent it appears, may some day become pertinent to possible criminal violations. Keywords: attorney; client privilege; communications; counsel; court; government; government attorney; grand; jury; law; lindsey; office; officials; president; states; u.s
• Rockin' Down the Highway: Forging a Path for the Lawful Use of MP3 Digital Music Files by Frisby, Mary Jane (1999) - Ball of Confusion: Fitting MP3 into the Copyright Framework Now that the nature of copyrights and the fair use exception has been outlined, a framework exists to analyze where the use of MP3 music files fits under the Copyright Act. As the conflict rages over digital music recordings, particularly those surrounding MP3 files, fair use risks getting lost in the maelstrom. Keywords: act; audio; companies; copyright; digital; files; infringement; internet; law; license; mp3; music; note; performance; public; publishers; record; recordings; rights; song; sound; transmissions; use; works
• Front Matter by Law Review, Indiana (2000) - mA The Bureau of National Affairs, Inc. 1231 25th Street, NW Washington, DC 20037 Customer Relations: 1-800-372-1033 email: riskfree(5)bna.com http://www.bna.com Indiana Law Review Volume 33 1999-2000 Editor-in-Chief Lorena Bray Driscoll Executive Managing Editor Pamela J. Hensler Executive Notes and Topics Editor Erin E. Heuer Lantzer Executive Articles Editors Joshua P. HoUingsworth Theresa M. Moore Symposium Editor Jennifer K. Bagby Articles Editors Grace M. Baumgartner Terry E. Hall Shawn A. Neal Michelle L. Neff Patrick James Olmstead James C. Owen Tara J. Stapleton Chris A. Wrede Note Development Editors Jamie R. Brashear Amanda J. Dickmann Kelley A. Kam Susan W. Kline Cynthia A. Muse Jill M. Ceding Brittany R. Abemathy Elijah D. Farrell A. Jack Finklea Mary Jane Frisby Associate Editors Chad J. Melchi Gregory A. Neibarger Patrick A. Scheiderer Tiffany A. Sharpley Members Michael J. Adler Matthew T. Albaugh Richard C. Ascroft Jill Baniewicz Michelle L. Blank Todd J. Cochran Julee C. Fischer Matthew D. Fisher Alexander D. Forman Katherine S. Green Eliza Houston Angela K. Imel Kathryn L. Infanger David J. Karnes Tina L. Korty Stephanie Hardy Moore Kenneth J. Munson Danel M. Nickels Jennifer Pruitt Jennifer E. Riley Libby L. Roberts Jason M. Schiesser Ann Williams Schneider Gene Schulstad Howard A. Setzer Michele L. Stevenson Ann L. Thrasher Jonathan Yarling Editorial Specialist Chris Paynter Faculty Advisor David R. Papke Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. A.B., West University University.; J.D., LL.M., Harvard University; B.S., Duke University. Keywords: a.b; associate; b.s; college; indiana; indiana university; indianapolis; j.d; law; oflaw; professor; review; school; state; university
• Antitrust Immunity, the First Amendment and Settlements: Defining the Boundaries of the Right to Petition by Ku, Raymond (2000) - through the use [of] governmental process—as opposed to the outcome of that process—as an anticompetitive weapon.^^ Accordingly, the Supreme Court clarified that Noerr immunity protects all objectively reasonable acts of petitioning government regardless of intent. Ct. 1 995) (holding that the badmouthing ofa developer to prospective home buyers fell outside the context of petitioning government). Keywords: action; activity; agreement; antitrust; approval; conduct; court; decision; effort; government; immunity; law; laws; means; noerr; note; ofthe; petition; petitioning; public; right; settlement; supra; supra note; supreme; supreme court; u.s; united
• Beneficial and Unusual Punishment: An Argument in Support of Prisoner Participation in Clinical Trials by Hoffman, Sharona (2000) - *^^ The medical research in the Bailey case was conducted before the DHHS issued its regulations for prisoner research in 1978.^°° IRBs should be well versed in the ethical dilemmas that are potentially involved in prisoner research, must ensure that meaningful informed consent is obtained, and should conduct thorough and conscientious continuing reviews ofthe clinical trials in question. Keywords: access; amendment; c.f.r; consent; court; drug; experimentation; health; inmates; law; medical; note; ofthe; participation; prisoners; regulations; research; review; state; studies; study; subject; supra; supra note; treatment; trials; u.s
• A Critique of the Internal Revenue Service's Refusal to Disclose How It "Determined" a Tax Deficiency, and of the Tax Court's Acquiescence with This View by Schoenfeld, Marcus (2000) - '^ B. Civil Tax Fraud Cases Unlike criminal tax fraud cases, neither attorneys' fees nor a free transcript is available for indigent civil fraud petitioners because the Constitutional protections for criminal defendants generally do not apply to civil matters. The issue is seen most pointedly in civil fraud tax cases, especially in multiparty conspiracy civil fraud tax cases. Keywords: agent; case; cir; civil; collateral; conspiracy; court; criminal; deficiency; estoppel; evidence; f.2d; fraud; i.r.c; income; law; notice; ofthe; petitioner; position; service; states; statutory; t.c.m; tax; tax court; tax fraud; taxpayer; trial; u.s; united; v. commissioner
• Justifications for State Bystander Intervention Statutes: Why Crime Witnesses Should Be Required to Call for Help by Bagby, Jennifer (2000) - BYSTANDER INTERVENTION STATUTES 573 between misfeasance (active misconduct), and nonfeasance (passive inaction). ' BYSTANDER INTERVENTION STATUTES 575 Wisconsin.^^ Minnesota enacted its statute in response to the gang rape in New Bedford, Massachusetts.^^ Colorado,^^ Florida,^^ Hawaii,^^ Massachusetts,^^ Keywords: bystander; bystander intervention; crime; criminal; duty; federal; harm; intervention; law; legislation; note; person; report; states; statute; supra; victim
• Accounting Firms and the Unauthorized Practice of Law: Who Is the Bar Really Trying to Protect? by Farrell, Elijah D. (2000) - Part IV will critically examine the four parts ofABA Model Rule 5.4, which contain the largest obstacle for accounting firm lawyers to practice law. certified public accountants to work in conjunction with tax lawyers or others who use accountants' services in performing legal services .... Keywords: aba; accountants; accounting; bar; business; client; court; firms; law; lawyer; model; nonlawyer; ofthe; practice; professional; public; rule; services; supra note; tax
• State Electric Restructuring: Are Retail Wheeling and Reciprocity Provisions Constitutional? by Karn, Kelley A. (2000) - 2000] STATE ELECTRIC RESTRUCTURING 657 Even though the electricity that comes into most homes and businesses is commingled with out-of-state electricity, thus affecting interstate commerce, currently, the states still retain the power to limit competition in the industry—erecting trade barriers.^^^ The purpose of state retail electric restructuring laws is to encourage competition in an industry that has always been a monopoly. ^^ C Analysis ofFederal Preemption ofRetail Wheeling A federal law or regulation may preempt state laws by implication in three ways: (1) Keywords: clause; commerce; commerce clause; competition; court; electric; electricity; federal; ferc; interstate; law; power; reciprocity; retail; state; transmission; u.s; utilities; utility; wheeling
• Front Matter by Law Review, Indiana (2000) - The Bureau of National Affairs, Inc. 1231 25th Street, NW Washington, DC 20037 Customer Relations: 1-800-372-1033 email: riskfree(5)bna.coin http://www.bna.com Indiana Law Review Volume 33 1999-2000 Editor-in-Chief Lorena Bray Driscoll Executive Managing Editor Pamela J. Hensler Executive Notes and Topics Editor Erin E. Heuer Lantzer Executive Articles Editors Joshua P. Hollingsworth Theresa M. Moore Symposium Editor Jennifer K. Bagby Articles Editors Grace M. Baumgartner Terry E. Hall Shawn A. Neal Michelle L. Neff Patrick James Obnstead James C. Owen Tara J. Stapleton Chris A. Wrede Note Development Editors Jamie R. Brashear Amanda J. Dickmann Kelley A. Kam Susan W. Kline Cynthia A. Muse Jill M. Ceding Brittany R. Abemathy Elijah D. Farrell A. Jack Finklea Mary Jane Frisby Associate Editors Chad J. Melchi Gregory A. Neibarger Patrick A. Scheiderer Tiffany A. Sharpley Members Michael J. Adler Matthew T. Albaugh Richard C. Ascroft Jill Baniewicz Michelle L. Blank Todd J. Cochran Julee C. Fischer Matthew D Fisher Alexander D. Forman Katherine S Green Eliza Houston Angela K. Imel Kathryn L. Infanger David J. Karnes Tina L. Korty Stephanie Hardy Moore Kenneth J. Munson Danel M. Nickels Jennifer Pruitt Jennifer E. Riley Libby L. Roberts Jason M. Schiesser Ann Williams Schneider Gene Schulstad Howard A. Setzer Michele L. Stevenson Ann L. Thrasher Jonathan Yarlmg Editorial Specialist Chris Paynter Faculty Advisor David R. Papke Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. A.B„ West University University.; Keywords: a.b; associate; b.s; college; indiana; indiana university; indianapolis; j.d; law; oflaw; professor; professor oflaw; review; school; university
• Custody and Couvade: The Importance of Paternal Bonding in the Law of Family Relations by Miller, Geoffrey P. (2000) - Marshall H. Klaus& John H. Kennell, Bonding: The 2000] CUSTODY AND COUVADE 693 father's role recognizes the power of the man's emotional connection with his offspring, and the profound reorientation of self that a man experiences when he assumes the role of father. Part III examines legal controversies in three areas: the expectant father's role in abortion, rights ofunwed fathers in adoption, and issues related to custody and visitation. Keywords: abortion; adoption; baby; birth; bonding; cases; child; children; court; couvade; custody; experience; father; fetus; husband; indiana; interest; labor; law; male; man; men; mother; note; ofthe; parents; pregnancy; review; rights; role; sperm; supra; supra note; time; wife; woman
• Separating Support from Betrayal: Examining the Intersections of Racialized Legal Pedagogy, Academic Support, and Subordination by Iijima, Chris K. (2000) - He urges that [as] law students approach their entry into the profession, they should become aware not only of this crisis but receive guidance on how to survive it and even how to assist in its 2000] SEPARATING SUPPORT FROM BETRAYAL 749 study reviewing data on law school student levels of anxiety and depression: law students almost always reported higher levels of anxiety than comparison groups, including medical students. Between law teacher and law student there is a silent conspiracy to preserve . . . Keywords: admission; american; asps; color; community; context; curriculum; education; environment; experience; issues; law; law review; law school; law students; learning; note; ofthe; pedagogy; pre; professor; program; rev; review; schools; students; support; supra; supra note; system; teaching; values; women; year
• The Development of AIDS Federal Civil Rights Law: Anti-Discrimination Law Protection of Persons Infected with Human Immunodeficiency Virus by Hermann, Donald H. J. (2000) - *' The Court also noted that every agency that addressed the problem before enactment ofthe ADA reached the conclusion that those with HIV infection were handicapped^'*^ and that existing agencies addressing the issue since enactment ofthe ADA have adhered to the conclusion that HIV infection constitutes a handicap or disability.^*^ Further the Court observed that every court that had addressed the issue of coverage under the Rehabilitation Act before the ADA was enacted in 1990 concluded that asymptomatic HIV infection satisfied the Rehabilitation Act's definition of handicap.^^ 538. From the Chief Justice's point ofview, asymptomatic HIV infection may give an infected person reasons for not engaging in reproduction, but HIV infection does not physically substantially lessen the ability of a person to engage in reproduction. Keywords: abbott; act; activities; activity; ada; aids; arline; asymptomatic; c.f.r; case; cir; court; definition; disability; discrimination; disease; district court; doj; f.3d; federal; health; hiv infection; impairment; individual; issue; law; life; life activity; majority; memorandum; ofthe; opinion; person; regulations; rehabilitation; rights; risk; runnebaum; supp; u.s.c; virus
• The Privacy Paradox: The Divergent Paths of the United States Supreme Court and State Courts on Issues of Sexuality by Price, Melanie D. (2000) - Specifically, this Article focuses on two areas of privacy rights: (1) reproductive decisions, where the U.S. Supreme Court has established well-defined boundaries, and (2) protections for gays and lesbians, where the states are venturing into unchartered waters because of the void left by the U.S. Supreme Court. THE PRIVACY PARADOX 887 consensual sodomy between all adults, the statute applied to all acts of sodomy, regardless of the gender of the participants.*^ Responding to the State's argument that U.S. Supreme Court extends privacy protections to only two aspects of sexual behavior marital intimacy and procreative choice, '^^ Keywords: abortion; amendment; art; clause; constitution; court; equal; funding; indiana; law; life; ofthe; privacy; process; protection; right; sodomy; state; statute; supreme; supreme court; u.s; woman
• Different Styles and Similar Values: The Reformer Roles of Charles Evans Hughes and Louis Dembitz Brandeis in Gas, Electric, and Insurance Regulation by Brickner, Paul (2000) - Said Brandeis, Yes, go into the auditors' room, and look on the west side ofthe room, on the sill ofthe second window, and you will fmd your book. See Mr. Justice Brandeis, at 75, Still the Fighter, N.Y. TIMES, Nov. 8, 1931, at 1. 896 INDIANA LAW REVIEW Keywords: brandeis; business; charles; city; committee; companies; court; electric; evans; gas; hughes; insurance; justice; law; louis; n.y; new; note; ofthe; president; public; review; school; state; supra; supra note; times; wilson; york
• The Importance of Being Comparative by Cole, Daniel H. (2000) - Instead, my goal is simply to explain, using Professor Komesar's framework, why statutory law has generally come to dominate common law for dealing with environmental problems in the past thirty years. In the first-year curriculum, American common law rules are often compared and contrasted with English common law rules. Keywords: air; american; analysis; constitution; costs; emissions; environmental; history; institutions; law; market; ofthe; poland; pollution; problems; rights; smox
• Leniency in Exchange for Testimony: Bribery or Effective Prosecution? by Finklea, A. Jack (2000) - 384 U.S. 251 (1966). 2000] LENIENCY IN EXCHANGE FOR TESTIMONY 983 accused's rights under the Constitution, federal statutes, or federal rules of procedure. In McNabb v. UnitedStates,^^^ the Court reversed convictions because the suspects were not taken before a United States Commissioner or a judge, in violation of federal statute. Keywords: bribery; bribery statute; cir; court; exchange; government; law; leniency; ofthe; prosecutors; singleton; states; states v.; statute; testimony; u.s; united; united states; witness
• Living in Sin and the Law: Benefits for Unmarried Couples Dependent upon Sexual Orientation? by Habegger, Dee Ann (2000) - Finally, the Note concludes that as a policy matter, unmarried heterosexual couples should be included in any plan whose goal is to confer marriage-related benefits to unmarried couples. Part III discusses the Reciprocal Beneficiaries Act, a first-of-its-kind statute enacted in Hawaii that confers substantial benefits to homosexual couples, but not to unmarried heterosexual couples. Keywords: ann; benefits; cohabiting; couples; court; discrimination; family; law; marriage; note; ofthe; partner; relationship; rev; rights; sex; stat; supp; supra; supra note; west
• Medical Malpractice as a Basis for a False Claims Action? by Scheiderer, Patrick A. (2000) - [Vol. 33:1077 was to encourage relators to provide the Government with new information regarding false claims, not to encourage parasitic lawsuits where the relator really contributed nothing to the case.^^ Mischarging or false billing generally occurs when health care providers file false claims for goods or services that were not provided or delivered in order to receive funds fraudulently.^^ A second common mischarging or false billing scheme involves claims made to the Government for medical services . . . Keywords: action; care; case; claims; court; fca; government; health; law; malpractice; ofthe; qui; states; tarn; united
• Front Matter by Law Review, Indiana (2000) - The Bureau of National Affairs, Inc. 1231 25th Street, NW Washington, DC 20037 Customer Relations: 1-800-372-1033 email: riskfree@bna.coni http://www.bna.coni Indiana Law Review Volume 33 1999-2000 Editor-in-Chief Lorena Bray Driscoll Executive Managing Editor Pamela J. Hensler Executive Notes and Topics Editor Erin E. Heuer Lantzer Executive Articles Editors Joshua P. Hollingsworth Theresa M. Moore Symposium Editor Jennifer K. Bagby Articles Editors Grace M. Baumgartner Terry E. Hall Shawn A. Neal Michelle L. Neff Patrick James Ohnstead James C. Owen Tara J. Stapleton Chris A. Wrede Note Development Editors Jamie R. Brashear Amanda J. Dickmann Kelley A. Kam Susan W. Kline Cynthia A. Muse Jill M. Ceding Brittany R. Abemathy Elijah D. Farrell A. Jack Finklea Mary Jane Frisby Associate Editors Chad J. Melchi Gregory A. Neibarger Patrick A. Scheiderer Tiffany A. Sharpley Members Michael J. Adier Matthew T. Albaugh Richard C. Ascroft Jill Baniewicz Michelle L. Blank Todd J. Cochran Julee C. Fischer Matthew D. Fisher Alexander D. Forman Katherine S. Green Eliza Houston Angela K. Imel Kathryn L. Infanger David J. Karnes Tina L. Korty Stephanie Hardy Moore Kenneth J. Munson Danel M. Nickels Jennifer Pruitt Jennifer E. Riley Libby L. Roberts Jason M. Schiesser Ann Williams Schneider Gene Schulstad Howard A. Setzer Michele L. Stevenson Ann L. Thrasher Jonathan Yarling Editorial Specialist Chris Paynter Faculty Advisor David R. Papke Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. A.B., West University University.; J.D., LL.M., Harvard University; B.S., Duke University. Keywords: a.b; associate; b.s; college; indiana; indiana university; indianapolis; j.d; law; new; oflaw; professor; review; school; state; university
• State and Federal Constitutional Law Developments by Berger Levinson, Rosalie (2000) - Part I examines state constitutional law cases, while the remaining materials focus on state and federal court cases that raise significant and recurring federal constitutional issues. Because, however, the amendment only bars suit in federal court, the employees re-filed their action in state court.''' Keywords: amendment; case; cir; circuit; clause; congress; constitutional; court; decision; federal; government; indiana; interest; justice; law; malpractice; martin; n.e.2d; ofthe; power; right; section; state; statute; supreme court; u.s; years
• 1999 Survey of Indiana Contract Law by Strain, Jana K. (2000) - This Article addresses Indiana contract law cases during the survey period with a focus upon the application of these and other well-established principles in different circumstances. Although Indiana courts enforce agreements in accordance with the parties' intent, the dispute sometimes requires the courts to determine the parties' intent ' by first interpreting the terms in the agreement itself. Keywords: agreement; appeals; contract; court; employer; ind; indiana; law; n.e.2d; policy; supreme; supreme court
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M.; Garrard, James A. (2000) - As noted in Williams and other cases, the standard for reversal based on a violation of a trial court's discovery order is a difficult one for defendants to meet: Trial courts are given wide discretionary latitude in discovery matters and their rulings will be given deference on appeal. * The question unanswered by Bouye, however, is what trial court confronted with a note from a deliberating jury that does not explicitly indicate a disagreement should do? Keywords: app; case; claim; court; criminal; defendant; evidence; ind; indiana; jury; law; n.e.2d; ofthe; police; review; rule; search; state; supreme court; trial court
• Survey of Employment Law Developments for Indiana Practitioners by Kline, Susan W. (2000) - The Court held that the powers delegated to Congress under Article I ofthe United States Constitution do not include the power to subject nonconsenting States to private suits for damages in state courts.^^^ Courts, Judge Posner noted, must be particularly assiduous to enforce the hearsay rule in sexual harassment cases in the interests of protecting the privacy of victims and also of accused harassers, who might feel forced to settle or abandon suits to avoid further reputational damage. Keywords: action; ada; case; circuit; claim; court; disability; discrimination; employees; employer; employment; evidence; harassment; indiana; issue; judge; law; marshall; ofthe; period; plaintiff; review; shepherd; time; title; u.s; vii; work; year
• Survey of Recent Developments in Insurance Law by Shoultz, Richard K.; Dillman, Lisa (2000) - AUTOMOBILE INSURANCE Cases A. Escape Clauses andArbitration Award Challenges Two cases during the survey period analyzed the enforceability of escape clauses in insurance policies that allow the parties to challenge arbitration decisions even after both parties agreed to submit their dispute to arbitration. An all risk policy generally extends coverage to risks that would not be covered under standard insurance policies. 139. Keywords: claim; court; coverage; ind; indiana; insurance; insured; judgment; law; n.e.2d; policy; trial
• Survey of Recent Developments in Indiana Product Liability Law by Alberts, Joseph R. (2000) - In doing so, the court cited both Garrison v. Fo}P^ and Cowe v. Forum Group, Inc.,^^ for the proposition that Indiana courts, in other contexts, recognize wrongful pregnancy claims.^* Thus, the court concluded that [b]y recognizing the claim of wrongful pregnancy, Indiana state courts have decided that in certain cases, pregnancy may be considered a harm or damage done to a plaintiff.^^ Indiana Law Review Survey of Recent Developments in Indiana Product Liability Law Joseph R. Alberts* Introduction The 1999 survey period* produced some interesting and informative decisions in cases involving Indiana product liability law.^ Cases decided during the survey period answer some questions and raise many new ones with respect to Indiana product liability law. Keywords: action; asbestos; cases; cobb; code; court; evidence; indiana; ipla; judgment; law; lenhardt; liability; motion; n.e.2d; ofthe; product; product liability; section; statute; trial court
• Reconstructing Property Law in Indiana: Altering Familiar Landscapes by Wilson Jr., Lloyd T. (2000) - In the words ofthe court, [W]e are not fi-ee to adopt on our own a policy the legislature has rejected. If such explicit codes imposing a codified standard of habitability are enacted, the role ofthe courts will shift from common law contracts analysis to interpreting the codes to carry out the intent ofthe legislative body in mandating a standard of habitability in residential leases. Keywords: agency; amendments; buyer; code; construction; contract; court; duties; duty; estate; ind; indiana; landlord; law; lease; liability; licensee; lien; mechanic; n.e.2d; ofthe; property; real; relationship; section; seller; statute; tenant; warranty
• Developments in Indiana Taxation by Jegen III, Lawrence A.; Schnurpel, Kendall S. (2000) - In rejecting these arguments, the court held that the mere fact that Indiana was refunding tax that it could have kept did not make the in-Indiana limitation constitutional/' It further explained that while the fuel not apportioned to Indiana may not have been subject to Indiana tax, the limitation nevertheless distorted the apportionable base* by including all fuel used in operating the PTO but exempting only the Indiana PTO fuel/^ According to the 486. The court rejected this argument citing section 6-1 .l-2-4(a) ofthe Indiana Code which authorizes the state board to impose liability for property tax on the person in possession of the property but does not indicate any order of priority between the owner and the possessor.^^^ Dav-Con next challenged the accuracy of the valuation.^^^ It suggested that the state board's final assessment was flawed because the correspondence sent to the owners to obtain the true cost of the steel did not adequately define cost.^ The court held that the definition ofcost under the relevant regulations was essentially the same as the common usage definition.^^^ Therefore, the correspondence was a reasonable means^^^ ofarriving at a value for purposes of the assessment, despite the state board's failure to specifically define cost.^^^ Keywords: assessment; board; code; court; general; idsr; income; ind; indiana; indiana code; law; n.e.2d; ofthe; property; property tax; review; state; state board; tax; tax court; tax ct; taxpayer; use; value
• Recent Developments in Telecommunications Law by O'Brien, Angela D. (2000) - The court further held that § 252(e) vests primary authority with the state commissions to enforce the terms of interconnection agreements approved under §§251 and 252 and that in any event, § 2(b) bars FCC jurisdiction over intrastate 2000] TELECOMMUNICATIONS LAW 1501 5. [Vol. 33: 1497 limitation on the FCC's rulemaking authority set forth in § 201(b).^* Furthermore, given the Court's construction of § 201(b), arguments that the Act expressly confers jurisdiction on the FCC to implement the local competition provisions only in certain sections (e.g., §§ 251(d), 251(b)(2), 251(c)(4)(B), 251(d)(2), 251(g), and 251(h)(2)) were dismissed.'' Keywords: access; act; ameritech; carrier; commission; court; elements; fcc; ilecs; indiana; interconnection; interstate; isp; law; lurc; network; ofthe; order; public; rates; section; service; state; telecommunications; traffic; universal
• Beyond Dead Reckoning: Measures of Medical Injury Burden, Malpractice Litigation, and Alternative Compensation Models from Utah and Colorado by Studdert, David M.; Brennan, Troyen A.; Thomas, Eric J. (2000) - But despite the fact that UCMPS results have not (yet) affected the organization structure of the tort system in Utah and Colorado, they do provide a third, population-based estimate ofthe incidence, types, and costs of iatrogenic injury, and the best estimates to date on the economic feasibility ofa no-fault alternative for medical injury compensation. The objective was to answer three questions: 1 ) How frequently do medical injuries occur in hospitals, particularly the subset of injuries attributable to negligent care? Keywords: care; claims; colorado; compensation; costs; data; et al; events; fault; health; hmps; hospitals; injuries; injury; investigators; law; litigation; malpractice; medical; negligence; new; note; ofthe; patients; physician; review; states; study; supra; supra note; system; tort; ucmps; utah; york
• Front Matter by Law Review, Indiana (2000) - The Bureau of National Affairs, Inc. 1231 25th Street, NW Washington, DC 20037 Customer Relations: 1-800-372-1033 email: riskfree@bna.com http://www.bna.com Indiana Law Review Volume 34 2000-2001 Editor-in-Chief Matthew T. Albaugh Executive Managing Editor Ann L. Thrasher Executive Articles Editors Jason M. Schiesser Howard A. Setzer Executive Notes Editor Danel M. Nickels Executive Topics Editor Angela K. Imel Articles Editors Michelle L. Blank Katherine S. Green Eliza Houston Kathryn L. Infanger Tina L. Korty Kenneth J. Munson Ann M. Schneider Eugene Schulstad Jonathan Yarling Note Development Editors Jill R. Baniewicz Todd J. Cochran Alexander D. Forman David J. Karnes Liberty L. Roberts Michele L. Stevenson Michael J. Adler Richard C. Ascroft Julee C. Fischer Matthew D. Fisher Associate Editors Jennifer L. Marmon Stephanie Hardy Moore Jennifer E. Riley Members Jill Acklin Jay Adams John S. Bjerke Kathryn E. Bunnell Matthew W. Conrad Robyn S. Crosson Lucy R. Dollens Thomas R. Ewick Andrew R. Falk Caren Geppert Mary Margaret Giannini Hilary Guenther Timothy Hammons Daniel J. Hancock Carl Hayes Whitney Hinkle Paul Jefferson Barclay T. Johnson Paul M. Jones, Jr. Andrew S. Kosegi Kelly Lewis Dana L. Luetzelschwab Michael T. McNally Rodney L. Michael Preston B. Ray Tiffany A. Rider Justin F. Roebel Peter Siddiqui Sarah Snoeberger Michael G. Stites Lauren Toppen Paul D. Vink Peter J. Young Editorial Specialist Chris Paynter Faculty Advisor David R. Papke Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Indiana Law Review Indiana Law Review Periodical Collection Volume 34 No. 1 2000 SYMPOSIUM LAW SCHOOLS AND THE LEGAL PROFESSION: Keywords: a.b; associate; b.s; college; indiana law; indiana university; indianapolis; j.d; law; oflaw; professor; review; school; university
• Foreword by White, James P. (2000) - The role of the Consultant on Legal Education to the ABA, and that of the staff of the Consultant's Office, is to effectively administer the accreditation of law schools project of the ABA and to provide service, information and consultation to the ABA, to bar admitting authorities, and to law schools relating to legal education in the United States. The Consultant represents the ABA and the Section at significant legal education functions and meetings of various legal and higher education organizations, and provides information and counsel to law schools, their deans and faculties regarding accreditation. Keywords: aba; education; law; profession; schools; university
• What the Profession Expects of Law Schools by Shepard, Randall T. (2000) - When U.S. News & World Report first published its annual ranking of law schools in 1987, a shock wave echoed through the legal community. 3. Students who attended law school during the first century of legal education in the 2000] EXPECTATIONS OF LAW SCHOOLS 9 modestly, for when AALS established its first membership requirements in 1901 , it elected to admit only schools that limited admission to high school graduates. Keywords: education; law; lawyers; legal; ofthe; practitioners; profession; report; schools
• What the Legal Profession Expects of Law Schools: A Response by Stein, Robert A. (2000) - I. Producing Good Lawyers As Chief Justice Shepard persuasively demonstrates, one of the legal profession's primary expectations of law schools is the production of good lawyers. The profession expects law schools to have high admissions standards and admit only those applicants who have the ability to practice law competently. Keywords: diversity; education; law; lawyers; profession; professionalism; report; schools
• Legal Education: Professional Interests and Public Values by Rhode, Deborah L. (2000) - Although the psychological profile of entering law school students matches that of the general public, an estimated twenty to forty percent leave with some psychological dysfunction including depression, substance abuse, and various stress related disorders. Many law schools have developed pro bono training and placement strategies that accommodate a wide range of interests. Keywords: bar; diversity; education; ethics; faculty; law; law school; lawyers; legal; note; practice; programs; public; responsibility; rhode; schools; service; students; supra; supra note; women
• Temporary Distance Education Guidelines Provide Opportunities for Flexibility and Innovation by Haynsworth, Harry J. (2000) - During the 1999-2000 academic year, this software was used in approximately fourteen courses and in all thirty sections of the first-year writing program each semester, even though these types of distance learning course enhancements are not specifically mentioned in the Temporary Guidelines. Experimental Courses.—Distance learning experimental courses that do not fit into any of the three categories discussed above can be approved by the Consultant's office on an individual basis. Keywords: consultant; course; distance; education; guidelines; law; learning; legal
• The Challenge to Diversity in Legal Education by Hill Kay, Herma (2000) - When my sixth grade Civics teacher suggested that I go to law school (after a class debate in which I successfully argued the negative of the question, Resolved, The South Should Have Won the Civil War), my mother did not encourage the idea. [Vol. 34:55 attending law school so that I could help change things for the better. Keywords: action; admissions; american; applicants; berkeley; boalt; california; class; committee; diversity; education; faculty; hall; law; law school; minority; note; ofthe; percent; policy; school; students; supra; texas; white
• Response to Dean Herma H. Kay's Affirmative Action Paper by Ramsey Jr., Henry (2000) - The statistical changes brought about in college and university enrollment of minority students through affirmative action admission programs can only be described as monumental. I do, however, strongly urge those who recognize and support the critical need for diversity and affirmative action admission programs at our colleges and universities to bring the energy and commitment to their cause that the opponents of integration exhibited in their effort to maintain segregation. Keywords: action; admission; discrimination; law; programs; school; u.s; university; white
• Policing the Self-Help Legal Market: Consumer Protection or Protection of the Legal Cartel? by Fisher, Julee C. (2000) - 2 ' 8 Some find it difficult to justify regulating unauthorized legal practice to ensure the quality of legal services when the result is that the poor population receives no legal services at all. A relevant issue, though beyond the scope of this Note, is the extent to which Internet access providers can be held liable for transmissions facilitated through their networks that amount to unauthorized legal practice. Keywords: advice; attorney; bar; consumers; court; forms; help; help law; information; internet; law; lawyers; market; note; ofthe; practice; products; public; rules; self; services; software; state; supra; supra note; technology; texas
• Intrusion and the Media: An Old Tort Learns New Tricks by Marmon, Jennifer L. (2000) - Courts recognized this necessity in modern media intrusion cases and have held that an expectation of complete privacy is not necessary to sustain an action for intrusion. The application of intrusion tort law to the media is still evolving and courts generally examine the facts on a case-by-case basis. Keywords: amendment; broad; cal; court; information; intrusion; law; liability; media; news; newsgathering; privacy; public; review; television; tort; u.s; wilson
• Fee Audits Cut More Than Fat Out of Bills, Cutting Heart of Insurance Defense by Roberts, Liberty L. (2000) - 145 C. Diminished Quality ofRepresentationfor Insurance Defense The increased burden audits have placed on insurance defense attorneys has caused many insurance defense attorneys to leave the practice. In Youngblood, the court held, notwithstanding the existence ofthe employer-employee relationship, the insurance company could not control the details ofthe attorney's performance, dictate the strategy or tactics employed, or limit the attorney's professional discretion with regard to the representation. 1 n To avoid aiding in the unauthorized practice of law, insurance defense attorneys must ensure that the insurance company does not control or interfere with the exercise of [their] professional judgment in representing insureds. Keywords: attorney; auditing; auditors; audits; bills; case; client; companies; counsel; defense; fee; firms; insurance; law; supra note
• Front Matter by Law Review, Indiana (2001) - Hence, she spent a year in the Yale Law School's prestigious Law and * R. Bruce Townsend Professor ofLaw, Indiana University School ofLaw—Indianapolis; Professor of Liberal Arts, Indiana University-Purdue University at Indianapolis. Frank Bowman, Associate Professor ofLaw. Keywords: a.b; associate; b.s; college; indiana law; indiana university; indianapolis; j.d; law; oflaw; professor; professor oflaw; review; school; starr; state; university; university school
• The Neglected History of the Prior Restraint Doctrine: Rediscovering the Link Between the First Amendment and the Separation of Powers by Meyerson, Michael I. (2001) - The court recorder instructed thejury that witnesses had testified to the fact of the preaching and that they were to keep and to observe, as what hath been fully sworn, at your peril 1* From the bale-dock, a prison-like cylindrical structure in the corner ofthe courtroom where he had been placed, Penn cried out, I appeal to thejury, who are myjudges, and this great assembly, whether the proceedings ofthe court are not most arbitrary, and void of all law, in offering to give the jury their charge in the absence ofthe prisoners, 79 The jury refused to hand down a guilty verdict. D. Understanding England 's Liberty ofthe Press By the time the United States ratified the First Amendment, a consensus had developed in England that liberty ofthe press required the ability to put forth to the world what one wanted, as long as the printer was willing to accept the consequences of punishment for material considered illegal. Keywords: act; amendment; case; chamber; co.; court; doctrine; england; expression; freedom; government; house; injunction; judicial; jury; law; libel; liberty; licensing; new; note; ofthe; ofthe press; power; press; printing; publication; restraint; restraint doctrine; review; speech; star; state; supra; supreme; u.s
• Father (or Mother) Knows Best: An Argument Against Including Post-Majority Educational Expenses in Court-Ordered Child Support by McMullen, Judith G. (2001) - An example of this approach can be found in the law of Washington D.C. where, for purposes of child support, a person remains a child until age twenty-one. For example, a court may be more reluctant to award alimony, or may award a lesser amount, where the payor is already saddled with child support and college expenses. Keywords: children; college; court; disinheritance; education; estate; expenses; family; langbein; law; majority; note; ofthe; order; parents; post; school; son; support; supra; testator
• The Backlash Against Managed Health Care: Hard Politics Make Bad Policy by Havighurst, Clark C. (2001) - Yet the six-year plateau meant that, even if health care costs now resume their earlier rate of increase (arguably a function of normally increasing demand and the appearance of new, desirable technologies), spending would still be at a lower level than it would have been, representing a recurring saving year after year. Initially, reducing health care costs was easy. Keywords: care; consumers; cost; coverage; health; health care; health coverage; health plans; hmos; law; liability; medical; ofthe; pay; plans; policy; public; quality; regulation; standards
• Is Hamilton v. Accu-tek a Good Predictor of What the Future Holds for Gun Manufacturers? by Baniewicz, Jill R. (2001) - The Hamilton decision was also welcomed by cities around the country, totaling almost thirty, 7 who have sued gun manufacturers on negligence and public nuisance theories for the reimbursement of millions of dollars in police and medical expenses resulting from gun-related crimes. However, there was no organization analogous to the National Rifle Association (NRA) with a stake in the tobacco litigation, and it has proved to be a resourceful organization for gun manufacturers now facing a fight. Keywords: barrett; cities; claims; companies; court; criminal; distribution; duty; gun; gun manufacturers; guns; hamilton; industry; judge; law; liability; litigation; manufacturers; marketing; ofthe; plaintiffs; product; suits; supra note; tobacco; verdict
• Casting the Discovery Net Too Wide: Defense Attempts to Disclose Nonparty Medical Records in a Civil Action by Nickels, Danel Michelle (2001) - 95 Protecting privacy of medical information through the creation of an ownership interest raises several problems in the context of discovery of nonparty medical information, including administrative burdens and, ironically, a surrender of confidentiality. 117 These same aspects bear on the issue of disclosure of nonparty medical information in that informational privacy involves an individual's ability to control private information. Keywords: court; defense; disclosure; discovery; information; interests; law; mother; nonparty; note; patient; privacy; privilege; records; right; supra
• Front Matter by Law Review, Indiana (2001) - EMor-in-Chief Matthew T. Albaugh &Y Executive Managing Editor Ann L. Thrasher Executive Articles Editors Jason M. Schiesser Howard A. Setzer Executive Notes Editor Danel M. Nickels Executive Topics Editor Angela K. Imel \ A Articles Editors Michelle L. Blank Katharine S. Green Eliza Houston Kathryn L. Infanger Tina L. Korty Kenneth J. Munson Ann M. Schneider Eugene Schulstad Jonathan Yarling Note Development Editors Jill R. Baniewicz Todd J. Cochran Alexander D. Forman David J. Karnes Liberty L. Roberts Michele L. Stevenson Associate Editors Michael J. Adler Jennifer L. Marmon Richard C. Ascroft Stephanie Hardy Moore Julee C. Fischer Jennifer E. Riley Matthew D. Fisher Members Jill Ackiin Hilary Guenther Michael T. McNally Jay Adams Timothy Hammons Rodney L. Michael John S. Bjerke Daniel J. Hancock Preston B. Ray Kathryn E. Bunnell Carl Hayes Tiffany A. Rider Matthew W. Conrad Whitney Hinkle Justin F. Roebel Robyn S. Crosson Paul Jefferson Peter Siddiqui Lucy R. Dollens Barclay T. Johnson Sarah Snoeberger Thomas R. Ewick Paul M. Jones, Jr. Michael G. Stites Andrew R. Falk Andrew S. Kosegi Lauren Toppen Caren Geppert Kelly Lewis Paul D. Vink Mary Margaret Giannini Dana L. Luetzelschwab Peter J. Young Editorial Specialist Chris Paynter Faculty Advisor David R. Papke Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Indiana Law Review Indiana Law Review Volume 34 No. 3 2001 2000 SURVEY OF RECENT DEVELOPMENTS IN INDIANA LAW CONTRIBUTORS TO THIS ISSUE Keywords: a.b; associate; b.s; college; indiana; indiana university; indianapolis; j.d; law; oflaw; professor; professor oflaw; review; school; university
• Building Indiana's Legal Profession by Shepard, Randall T. (2001) - It is a vehicle ofthe Indiana Bar Foundation, created in accordance with Indiana Professional Conduct Rule 1 . 1 5(d) 32 and chaired by Judge L. Mark Bailey of the Indiana Court of Appeals. Students attending Indiana law schools are only required to take six of the fifteen subjects previously tested on the bar examination. Keywords: bar; bono; committee; court; death; district; examination; foundation; indiana; iolta; law; legal; ofthe; penalty; rule; state
• State and Federal Constitutional Law Developments by Berger Levinson, Rosalie (2001) - Part I examines state civil constitutional law cases, while the remaining parts focus on recent developments in the United States Supreme Court, as well as on significant Indiana state and federal cases addressing federal constitutional issues. On May 26, 2000, the Indiana Supreme Court rejected the Martin rationale as applied to the ten-year statute of repose in Indiana's Product Liability Act. Keywords: child; city; clause; commandments; court; decision; display; government; indiana; interest; justice; law; majority; malpractice; martin; monument; n.e.2d; ofthe; public; purpose; right; speech; state; statute; supreme court; u.s; visitation
• Consumer Transactions: Movement Toward a More Progressive Approach by Nehf, James P. (2001) - The Missi court followed Indiana precedent on this issue and provided yet another illustration ofthis important weakness in Indiana consumer law. Several court decisions are worth noting not only for their resolution and application of substantive legal issues, but also as a study ofhow judges interpret consumer statutes and contracts, whether they look to the language of the text alone or extend the inquiry to other contextual factors. Keywords: act; article; claim; code; consumer; contract; court; ind; indiana; law; n.e.2d; ofthe
• 2000 Survey of Indiana Contract Law by Strain, Jana K.; Struck, Jennifer A. (2001) - Insurance Contracts During the survey period, Indiana courts considered a number of issues within the insurance context, including an issue of first impression—notice of cancellation of an endorsement. AGREEMENTS TO ARBITRATE Indiana courts may not order parties into arbitration unless the parties have agreed by private contract to arbitrate their disputes. Keywords: agreement; contract; court; indiana; insurance; insured; law; n.e.2d; notice; ofthe; parties; party; policy; property; rogier
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M. (2001) - C. Reasonable Doubt Instruction Over four years ago, in Winegeart v. State™ a divided Indiana Supreme Court, acting under its inherent and constitutional supervisory responsibilities, 79 endorsed the Federal Judicial Center's reasonable doubt instruction for use by Indiana trial courts. 47 Three weeks later, the court reiterated this standard in Carter v. State™ in which it noted, without citation to any authority, that [t]he trial court required the State to prove beyond a reasonable doubt that the Defendant voluntarily and intelligently waived his constitutional rights and that his confession was voluntarily given before his statement would be admitted into evidence. Keywords: cases; court; defendant; doubt; ind; indiana; instruction; law; n.e.2d; sentence; state; supreme; supreme court; trial; trial court
• Survey of Employment Law Developments for Indiana Practitioners by Kline, Susan W. (2001) - However, two ofthe female justices ofthe Seventh Circuit called for more plaintiff-friendly interpretations of the proof required to justify punitive damages, 1 to establish that an employer perceived the plaintiff as disabled, 2 and to support an affirmative defense in cases ofsexual harassment by a supervisor. The Article then offers a briefreview ofthe major national developments and moves on to a statute-by-statute review of significant Seventh Circuit and Indiana employment cases. Keywords: act; action; ada; case; charge; circuit; claim; court; damages; disability; discrimination; eeoc; employees; employer; employment; evidence; harassment; inc; indiana; judge; law; ofthe; plaintiff; position; review; survey; title; u.s; vii; work
• Recent Developments in Indiana Evidence Law by Papa, Jeff (2001) - 146 The court noted that Indiana courts have recently recognized the U.S. Supreme Court's ruling that the testing of biological samples is a search under the Fourth Amendment.147 The Fourth Amendment does protect Smith's privacy interest not to have the police invade his body and take a blood sample, except when authorized by search warrant or court order. Keywords: case; court; evidence; ind; indiana; law; n.e.2d; ofthe; question; rule; state; testimony; trial; trial court; witness
• A New Era Dawns in Appellate Procedure by Cressler, Douglas E.; Cardoza, Paula F. (2001) - Indiana appellate courts generally follow a policy ofdeciding constitutional decisions only when necessary.139 The court ofappeals, however, departed from this doctrine ofjudicial restraint in Walker v. Campbell'. Indiana trial courts will likely continue to occasionally allow convicted persons to represent themselves on direct appeal from their convictions, even though they are not obligated to do so by the federal Constitution. Keywords: app; appeal; appellate; case; court; court ofappeals; ind; indiana; indiana court; law; motion; n.e.2d; ofthe; opinion; order; review; rule; state; supreme court; transfer; trial court
• Recent Developments in Indiana Civil Procedure by Lind, JoEllen (2001) - It resolves a dispute in the court of appeals regarding the standard of review to apply to trial court decisions on personal jurisdiction, and it may enlarge what counts as sufficient activity to establish general jurisdiction over an out-of-state defendant in Indiana courts. At a minimum, Montgomery and Costa show that the Indiana Supreme Court is strongly committed to the requirement of exhausting administrative remedies and that constitutional challenges to administrative action cannot easily find their way into Indiana courts on original jurisdiction. Keywords: act; action; app; appeals; claim; court; defendant; federal; ind; indiana; indiana supreme; judgment; jurisdiction; law; motion; n.e.2d; ofthe; party; plaintiffs; procedure; review; rule; state; statute; supreme court; time; trial; trial court; u.s
• Survey of Recent Developments in Insurance Law by Shoultz, Richard K.; Dillman, Lisa M. (2001) - Nevertheless, for the first time in Indiana, a federal court, predicting what Indiana courts would do, allowed for the possibility of an award of damages for emotional distress and recovery of attorney fees in a bad faith lawsuit. B. Emotional Distress Damages andAttorney Fees Available in Bad Faith Cases In a case of first impression in Indiana, the United States District Court for the Northern District of Indiana predicted that Indiana courts would allow plaintiffs to recover damages for emotional distress, attorney fees and consequential damages in bad faith insurance cases. Keywords: app; case; claim; co.; court; coverage; faith; ind; indiana; insurance; insurer; law; lawsuit; n.e.2d; notice; ofthe; policy
• Survey of Recent Developments in Indiana Product Liability Law by Alberts, Joseph R.; Henn, David M. (2001) - 59 In the wake of Mcintosh, practitioners are calling upon Indiana courts to resolve the applicability ofthe ten-year product liability statute of repose in the context of product liability cases alleging exposure to asbestos-containing products. 151 A few of the cases decided during the survey period help to illustrate how Indiana courts are applying some ofthose defenses. Keywords: case; claims; co.; code; court; defense; design; evidence; expert; failure; fault; indiana; indiana court; indiana law; indiana product; ipla; issue; justice; law; manufacturer; n.e.2d; ofthe; opinion; plaintiffs; product; product liability; property; rogers; section; state; statute; testimony; trial court; user
• Survey of the Law of Professional Responsibility by Kidd, Charles M. (2001) - * Staff Attorney, Indiana Supreme Court Disciplinary Commission. See, e.g., Indiana Supreme Court Disciplinary Commission, 1999-2000 Annual Report of the Disciplinary Commission of the Supreme Court of Indiana. Keywords: attorney; commission; complaint; court; disciplinary; hearing; indiana; law; lawyer; ofthe; order; respondent; rule; secretary; state; supreme court
• New Bricks for the Wall: Developments in Property Law in Indiana by Wilson Jr., Lloyd T. (2001) - The exact words ofthe court are: We decline to require that any person or entity asserting a mechanic's lien must exclude from that lien any monies that constitute profit to the claimant. Courts strictly construe the lienholder's compliance with all elements ofthe statute 21 because mechanic's liens are purely creatures of statute and are in derogation of the common law.22 Although Indiana courts utilize a liberal construction ofthe remedial provisions ofthe mechanic's lien statute once a claimant establishes that his claim is within the scope ofthe statute, 23 strict compliance is initially required for each element ofthe statute, including the type ofproperty improved and the time provided for filing the notice of intention to hold mechanic's lien. Keywords: agreement; appeals; atec; case; contract; country; court; duty; estate; indiana; landlord; law; lien; listing; mechanic; n.e.2d; ncb; notice; ofthe; parties; property; rogier; sale; statute; town; trial court
• Developments in Indiana Taxation by Jegen III, Lawrence A.; Harris III, Edward L. (2001) - Hereinafter, at times, the following abbreviations are used in this Article: the Indiana General Assembly is referred to as General Assembly; the Governor of Indiana is referred to as Governor; the Indiana State Board of Tax Commissioners is referred to as ISBTC; the Indiana Department of State Revenue is referred to as IDSR; the Indiana Supreme Court is referred to as supreme court; the Indiana Tax Court is referred to as tax court; and, the terms petitioner, petitioners, taxpayer, and taxpayers are used interchangeably. Next, the tax court looked to the opinions and decisions of Indiana courts concerning the application of the American rule when deciding whether or not to award attorneys' fees. Keywords: assessment; board; building; case; code; county; determination; evidence; exemption; general; gross; idsr; income tax; indiana; indiana code; indiana tax; inheritance tax; isbtc; issue; law; n.e.2d; new; ofthe; ofthe indiana; property tax; review; state; supreme court; tax commissioners; tax court; tax ct; taxpayer
• Recent Developments in Indiana Tort Law by Meyer, Tammy J.; Lansberry, Kyle A. (2001) - Indiana Law Review Recent Development in Indiana Tort Law Tammy J. Meyer' Kyle A. Lansberry Introduction Between October 1999 and October 2000, Indiana courts rendered numerous decisions in the area of tort law that have clarified existing rules of law, recognized new theories, and provided guidance not only to lower courts, but to attorneys and litigants. Thus, aside from the lost earnings of the decedent, Indiana courts will allow the personal representative of the decedent's estate to recover, on behalf of the decedent's beneficiaries, lost love, care and affection. Keywords: act; child; court; damages; death; defendant; indiana; indiana court; indiana supreme; law; n.e.2d; ofthe; statute; supreme court; wrongful
• Survey of Recent Developments of the Law Concerning the Uniform Commercial Code and a Brief Introduction to Revised UCC Article 9 by Woods, Judy L. (2001) - Effective July 1, 2001, revised Article 9, Indiana Code section 26-1-9.1 will replace Indiana Code section 26-1-9.6 NCCUSL indicated that as many states as possible should enact revised Article 9 effective on July 1, 2001 to minimize confusion and promote uniformity among the states. Currently, about twenty- eight states and the District ofColumbia have enacted revised Article 9, with an additional eighteen states and the U.S. Virgin-Islands considering it. Keywords: article; code; collateral; court; financing; indiana; law; n.e.2d; sale; security; statement
• Front Matter by Law Review, Indiana (2001) - BNA The Bureau of National Affairs, Inc. 1231 25th Street, NW Washington, DC 20037 Customer Relations: 1-800-372-1033 email: riskfree@bna.com http://www.bna.com Indiana Law Review Volume 34 2000-2001 Editor-in-Chief Matthew T. Albaugh Executive Managing Editor Ann L. Thrasher Executive Articles Editors Jason M. Schiesser Howard A. Setzer Executive Notes Editor Danel M. Nickels Executive Topics Editor Angela K. Imel Articles Editors Michelle L. Blank Katherine S. Green Eliza Houston Kathryn L. Infanger Tina L. Korty Kenneth J. Munson Ann M. Schneider Eugene Schulstad Jonathan Yarling Note Development Editors Jill R. Baniewicz Todd J. Cochran Alexander D. Forman David J. Karnes Liberty L. Roberts Michele L. Stevenson Michael J. Adler Richard C. Ascroft Julee C. Fischer Matthew D. Fisher Associate Editors Jennifer L. Marmon Stephanie Hardy Moore Jennifer E. Riley Members Jill Acklin Jay Adams John S. Bjerke Kathryn E. Bunnell Matthew W. Conrad Robyn S. Crosson Lucy R. Dollens Thomas R. Ewick Andrew R. Falk Caren Geppert Mary Margaret Giannini Hilary Guenther Timothy Hammons Daniel J. Hancock Carl Hayes Whitney Hinkle Paul Jefferson Barclay T. Johnson Paul M. Jones, Jr. Andrew S. Kosegi Kelly Lewis Dana L. Luetzelschwab Michael T. McNally Rodney L. Michael Preston B. Ray Tiffany A. Rider Justin F. Roebel Peter Siddiqui Sarah Snoeberger Michael G. Stites Lauren Toppen Paul D. Vink Peter J. Young Editorial Specialist Chris Paynter Faculty Advisor David R. Papke Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Send all correspondence to Editorial Specialist, IndianaLaw Review, Indiana University School ofLaw—Indianapolis, 530 W. New York Street, Indianapolis, Indiana 46202-3225. Keywords: a.b; associate; b.s; college; indiana; indiana law; indiana university; indianapolis; j.d; law; oflaw; professor; review; school; university; wealth
• Property, Wealth, Inequality and Human Rights: A Formula for Reform by Herndndez-Truyol, Berta Esperanza; Day, Shelbi D. (2001) - 116 The importance of economic rights and the growing recognition of the need for U.S. adoption of these rights is becoming evident and is gaining momentum among leadingNGOs, as well as some grass roots human rights organizations. 126 Since this first comprehensive document, numerous international human rights conventions and declarations have recognized, included, and defined economic rights as inherent to human development and the true attainment of equality. Keywords: blacks; declaration; denton; development; discrimination; education; equality; housing; human; law; ofthe; rights; segregation; slavery; states; supra note; truyol; u.s; united; violence; wealth; whites; world
• Poverty, Wealth and Inequality Through the Lens of Globalization: Lessons from the United States and Mexico by Williams, Lucy A. (2001) - Conversely, why are we so derisive (within our rhetoric ofrugged individualism) of undocumented immigrants in U.S. wage labor who send critical remittances back to the women-and-children-only towns? I then focus on recent changes in U.S. social welfare policy toward single mothers, many ofwhom are in low wage work, and legal immigrants, the largest number of whom are from Mexico. Keywords: border; immigrants; immigration; labor; law; mexican; mexico; percent; policy; poverty; program; recipients; states; u.s; united; united states; wage; welfare; women; workers
• Racism: A Major Source of Property and Wealth Inequality in America by Bell, Derrick (2001) - Here, where property is viewed as a measure of worth, many whites—with relatively little property ofa traditional kind (e.g., money, securities, land)—view their whiteness as a property right. The historian, Edmund Morgan, explains that plantation owners convinced working class whites to reduce Africans to life-term indentures (slavery) even 1 . Keywords: american; blacks; buddy; bush; chua; class; law; ofthe; property; race; racism; vote; wealth; whites; working
• Land, Culture, and Community: Reflections on Native Sovereignty and Property in America by Tsosie, Rebecca (2001) - The Indian Claims Commission Act, ch. 959, § 1, 60 Stat. 1049 (repealed 1978), for example, provided statutory claims for compensation ofgrievances relating to land rights, including involuntary extinguishment of aboriginal title. L. REV. 1065 (2000) (arguing that the laws and policies that appropriated Indian lands for non-Indian use and enjoyment were designed to promote efficiency, i.e., the most cost-effective expropriation). Keywords: court; government; indian; interests; justice; land; law; nations; non; people; property; reservation; rights; sovereignty; tribal; tribes; u.s; use
• The Many Costs of Discrimination: The Case of Middle-Class African Americans by Feagin, Joe R.; Early, Kevin E.; McKinney, Karyn D. (2001) - However, judging from the data in our focus groups and in studies of whites we have cited, the pain and suffering most African Americans endure because of continuing racism are likely not known to or understood by most whites, be they white jurors or other white Americans. As the white justices saw it, any feelings by Plessy or other African Americans that whites saw them as inferior were just in their heads—a classic example of blaming the victim, highlighting the pervasiveness ofextreme antiblack racism at the turn of the century. Keywords: african; african americans; americans; anger; black; class; community; court; discrimination; energy; family; group; health; law; life; middle; note; people; person; pressure; problems; racism; research; stress; supra; supra note; time; white; women; workplace
• Raising Issues of Property, Wealth and Inequality in the Law School: Contracts & Commercial Law School Courses by Miles, Veryl Victoria (2001) - Accordingly, one of the questions law professors were asked to consider in this workshop was how to raise student consciousness about the unequal treatment of individuals under laws that appear to be neutral in application and effect, but in reality are often disparate in the treatment of the haves and the have-nots. 4 The importance of raising this question with law students has not gone ignored and has prompted many law professors to take the challenge of raising these questions directly in their courses. He provides an interesting assessment of how a program focusing on the problems of the poor can challenge and enhance the overall lawyer skills of law students. Keywords: client; consumer; course; credit; income; inequality; issues; law; note; ofthe; school; students
• Poverty, the Underclass, and the Role of Race Consciousness: A New Age Critique of Black WealtfiAVhite Wealth and American Apartheid by Leamon Robinson, Reginald (2001) - That is, racial segregation explains the intense isolation and extreme spatial concentration of black poverty. For Massey and Denton, racial segregation centers the problem of black poverty for a number of reasons, and it is their point to show how persistent racial segregation links itself inextricably with racially discriminatory practices that were specifically designed to create intense racial isolation, viz., black ghettos. Keywords: age; american; black; class; consciousness; denton; experience; income; inequality; law; life; massey; material; new; note; ofthe; oliver; people; personal; poor; poverty; race; race consciousness; racism; realities; reality; review; segregation; shapiro; society; state; structure; supra; supra note; underclass; way; wealth; wealth inequality; white; white wealth
• What Is This Thing Called the Rule of Law? by Torke, James W. (2001) - 200 1 ] THE RULE OF LAW 1 447 A. Promises First, the rule of law offers a palliative for the state's exercise of coercive power. James W. Torke* The rule oflaw bakes no bread, is unable to distribute loaves or fish (it has none), and it cannot protect itselfagainst external assault, but it remains the most civilized and least burdensome conception ofa state yet to be devised. l Introduction As Ronald Dworkin has reminded us, we are all subjects of law's empire, liegemen to its methods and ideals; law is our sword, shield, and menace. Keywords: dworkin; faith; good; indiana; law; lawyers; oflaw; ofthe; promises; reasons; review; rule; sense; students; thing
• The International Human Right to Health: What Does This Mean for Our Nation and World? by Kinney, Eleanor D. (2001) - The United States did not really embrace international human rights until the late 1970s when President Carter made human rights a cornerstone ofAmerican foreign policy. Under the principles for the development of customary international law, widespread ratification of UN and regional treaties and other instruments recognizing international human rights can establish an international customary law ofhuman rights. Keywords: american; care; general; health; implementation; international; law; nations; ofthe; right; states; united; world
• Front Matter by Law Review, Indiana (2001) - A.B., University ofVirginia; Ph.D., Indiana University; J.D., Indiana University School of Law—Indianapolis. The Bureau of National Affairs, Inc. 1231 25th Street, NW Washington, DC 20037 Customer Relations: 1-800-372-1033 email: riskfree@bna.com http://www.bna.com Indiana Law Review Volume 35 2001-2002 Editor-in-Chief Peter J. Young Executive Managing Editor Mary Margaret Giannini Senior Executive Editor Matthew W. Conrad Symposium Editor Paul Jefferson Executive Notes Editor Andrew R. Falk Executive Articles Editors Barclay Thomas Johnson Sarah Snoeberger Articles Editors Kathryn E. Bunnell Thomas R. Ewick Timothy A. Mammons Daniel J. Hancock Carl Hayes Preston B. Ray Tiffany A. Rider Peter Siddiqui Michael G. Stites Note Development Editors Jill M. Acklin Lucy R. Dollens Hilary Guenther Whitney L. Hinkle Andrew S. Kosegi Paul D. Vink Associate Editors Jay Adams John S. Bjerke Caren Geppert Paul M. Jones, Jr. Kelly A. Lewis Dana L. Luetzelschwab Michael T. McNally Rodney L. Michael Justin F. Roebel Lauren Toppen Dawn M. Adams David R. Brimm Gregory A. Cox Jeffrey M. Cromer Monica S. Doerr Jennifer L. Dolak Homer W. Faucett Amy S. Ford Adam Assad Gaha Janet A. Gongola Kellye M. Gordon Members Brian K. Groemminger Elaine L. Guidroz Brett J. Henry Lucy A. Khairy Polly J. Kubesch Kirby W. Lee Scott Linneweber Katherine E. McCanna Michael P. O'Biyan Joseph E. Parrish Bonnie B. Phillips Julianna M. Plawecki Kevin S. Price David E. Roberts Cara L. Schaefer Amy L. Schoettle John J. Schroeder Shannon M. Shaw Andrij B. Susla Terry Thomson Laura E. Trulock Editorial Specialist Chris Paynter Faculty Advisors Andrew R. Klein George Wright Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Keywords: a.b; associate; college; indiana law; indiana university; indianapolis; j.d; law; law school; ll.m; oflaw; professor; professor oflaw; review; school; university; university school
• The 2001 Federal Economic Crime Sentencing Reforms: An Analysis and Legislative History by Bowman, III, Frank O. (2001) - Ideally, guideline time-of-measurement rules should tell a sentencing judge: when to value the gold from which the victim was swindled; whether to reduce the amount ofthe loss by the value ofthe stock initially transferred to the victim; ifso, when to value the stock transferred to the victim; and whether to reduce the amount of the loss by the amount of the $700 check. 4. Product Substitution, Procurement Fraud, and Protected Computer Cases—Specific Examples of Reasonably Foreseeable Pecuniary Harms or Special Cases?—^As noted above, the former theft and fraud guidelines contained a number of opaque and convoluted provisions relating to causation.^*^ Among these was the limitation of fraud loss to direct damages, except in cases of procurement fraud and product substitution, where consequential damages were to be included in loss if reasonably foreseeable. Keywords: app; cases; cir; commission; conduct; court; crime; crime guideline; crime sentencing; criminal; defendant; departure; economic; fraud; fraud guidelines; guidelines; harm; interest; law; level; loss; loss definition; loss table; money; new; note; offense; offense level; ofthe; property; reform; rule; scheme; section; sentence; sentencing; sentencing commission; sentencing guidelines; sentencing reform; states; supra; supra note; theft; time; u.s.s.g; united; united states; value; victim
• Subsidiarity as a Principle of Governance: Beyond Devolution by Vischer, Robert K. (2001) - Fundamentally and explicitly intertwined with Bush's compassionate conservative vision, subsidiarity calls for social problems to be addressed from the bottom up, rather than from the top down. Subsidiarity has assumed a decidedly conservative gloss in today's public policy debates. Keywords: action; bush; catholic; church; community; devolution; federal; good; government; individuals; institutions; john; law; market; mediating; note; ofthe; policy; power; principle; public; role; social; society; state; structures; subsidiarity; supra note; theory; unions; world
• Credit Crisis to Education Emergency: The Constitutionality of Model Student Voucher Programs Under the Indiana Constitution by Johnson, Barclay Thomas (2001) - oftheir choice, including religious schools. In Part II, this Article examines federal jurisprudence on state funding of religious schools. Keywords: aid; amendment; article; blaine; city; clause; constitution; court; education; establishment; funds; government; indiana; indiana constitution; justice; law; model; note; ofthe; program; religion; schools; section; state; supra; supreme; system; u.s; voucher
• Artificial Insemination: Right of Privacy and the Difficulty in Maintaining Donor Anonymity by Dollens, Lucy R. (2001) - However, with little precedence to follow, states have only just begun to develop law surrounding A.I.D.'^ Most states have enacted statutes allowing the use ofartificial insemination with donor sperm, and thirteen ofthose statutes are modeled on the Uniform Parentage Act, which defines the parental rights ofthe parties involved.*^ Several states have specifically addressed the inheritance rights of children conceived by A.I.D.,^^ and some states have created legal obligations for testing sperm donations for H.I.V. prior to use. See John Carvel, Sperm Donors Face Loss ofPrivacy, GUARDIAN (U.K.), Dec. 27, 2000, available at 2000 WL 30814915 ([England's] government is about to relax strict rules of confidentiality protecting the identity of sperm donors to allow their children to discover key facts about their genetic origins.). Keywords: a.i.d; anonymity; child; court; donor; family; identity; information; insemination; interest; johnson; law; note; ofthe; privacy; right; sperm; sperm donor; state; supra; supra note; u.s
• Nonphysical Personal Injury Settlements and Judgments: Amending the Internal Revenue Code to Exclude Attorney Fees by Jones, Jr., Paul M. (2001) - ** Though the U.S. Tax Court in Kenseth declined to address tax policy considerations, leaving such authority to Congress, the court's majority, which disallowed exclusion of plaintiffs attorney fees, agreed that current legislation may result in anomalous or inequitable results 80. Third, the circuit conflict could be resolved by amending Code section 104 to exclude from gross income attorney fees that are awarded as part of a judgment or settlement for nonphysical injury. Keywords: attorney; attorney fees; cir; circuit; code; comm'r; court; deduction; fees; income; injury; law; plaintiffs; section; settlement; tax
• The H-2A Program: How the Weight of Agricultural Employer Subsidies Is Breaking the Backs of Domestic Migrant Farm Workers by Kosegi, Andrew Scott (2001) - IS*] requires more. agricultural worker programs). Yet, the proposed alterations to the present program would not only be devastating to the foreign workers imported to work on U.S. farms, but they would further set back any progress in working conditions of U.S. farm workers. Keywords: act; bracero; employer; employment; farm; farm workers; government; growers; h-2a; h-2a program; h-2a workers; immigration; labor; law; legislation; mexican; note; ofthe; program; states; supra; supra note; u.s; united; wage; workers
• The Case Against Carnivore: Preventing Law Enforcement from Devouring Privacy by Young, Peter J. (2001) - There are at least two ways in which the use of Carnivore seems to exceed the government's allowable use and employment of electronic surveillance laws. Electronic surveillance laws, specifically Title III and the ECPA, are inadequate in their current form when applied to the FBI's use ofCarnivore. Keywords: carnivore; communications; court; enforcement; fbi; fourth; government; information; internet; isps; law; laws; mail; note; privacy; supra; surveillance; system; telephone; u.s; use
• Front Matter by Law Review, Indiana (2002) - A.B., University ofVirginia; Ph.D., Indiana University; J.D., Indiana University School of Law—Indianapolis. BNA The Bureau of National Affairs, Inc. 1231 25th Street, NW Washington, DC 20037 Customer Relations: 1-800-372-1033 email: riskfree@bna.com http://www.bna.com Indiana Law Review Volume 35 2001-2002 Editor-in-Chief Peter J. Young Executive Managing Editor Mary Margaret Giannini Senior Executive Editor Matthew W. Conrad Symposium Editor Paul Jefferson Executive Notes Editor Andrew R. Falk Executive Articles Editors Barclay Thomas Johnson Sarah Snoeberger Articles Editors Kathryn E. Bunnell Thomas R. Ewick Timothy A. Hammons Daniel J. Hancock Carl Hayes Preston B. Ray Tiffany A. Rider Peter Siddiqui Michael G. Stites Note Development Editors Jill M. Acklin Lucy R. Dollens Hilary Guenther Whitney L. Hinkle Andrew S. Kosegi Paul D. Vink Associate Editors Jay Adams John S. Bjerke Caren Geppert Paul M. Jones, Jr. Kelly A. Lewis Dana L. Luetzelschwab Michael T. McNally Rodney L. Michael Justin F. Roebel Lauren Toppen Dawn M. Adams David R. Brimm Gregory A. Cox Jeffrey M. Cromer Monica S. Doerr Jennifer L. Dolak Homer W. Faucett Amy S. Ford Adam Assad Gaha Janet A. Gongola Kellye M. Gordon Members Brian K. Groemminger Elaine L. Guidroz Brett J. Henry Lucy A. Khairy Polly J. Kubesch Kirby W. Lee Scott Linneweber Katherine E. McCanna Michael P. O'Bryan Joseph E. Parrish Bonnie B. Phillips Julianna M. Plawecki Kevin S. Price David E. Roberts Cara L. Schaefer Amy L. Schoettle John J. Schroeder Shannon M. Shaw Andrij B. Susla Terry Thomson Laura E. Trulock Editorial Specialist Chris Paynter Faculty Advisors Andrew R. Klein George Wright Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Keywords: a.b; associate; college; indiana; indiana university; indianapolis; j.d; law; oflaw; professor; review; school; state; university
• Caught in the Middle: The Role of State Intermediate Appellate Courts by Najam, Jr., Edward W. (2002) - Indiana Law Review Indiana Law Review Volume 35 2002 Number 2 SYMPOSIUM Caught in the Middle: The Role of State Intermediate Appellate Courts Edward W. Najam, Jr.* On March 30 and 31, 2001, the Indiana Court of Appeals and the Indiana Law Review co-sponsored a national symposium in Indianapolis on the role of state intermediate appellate courts entitled Caught in the Middle: The Role of State Intermediate Appellate Courts. To our knowledge, this was the first time a conference has been organized to consider the institutional role of state intermediate appellate courts. Keywords: appellate; courts; indiana; law; state; supreme
• Supreme Court Monitoring of State Courts in the Twenty-first Century by Solimine, Michael E. (2002) - Indeed, such review heightens the probability that state judges are correctly following federal law, no small matter given the vast numbers of state court cases and the limited caseload capabilities of the Supreme Court. Indeed, it appears that the sharp decline of state court cases reviewed has significantly, and perhaps disproportionately, contributed to the decline of the overall docket. Keywords: bush; cases; court; court decisions; decisions; docket; issues; judges; law; note; ofthe; review; rights; state; state courts; state law; state supreme; supra; supreme court; u.s
• Supreme Court Monitoring of State Courts in the Twenty-first Century: A Response to Professor Solimine by Grove, Jeffrey W. (2002) - Consistent with the overall reduction in the numbers of cases decided by the Supreme Court in more recent years, the percentage of state court cases disposed of with full opinions has declined from thirty percent in 1989 to sixteen percent in 1999. 4 The Supreme Court, therefore, cast on state courts the obligation clearly to demonstrate whether their decisions are grounded in state law rather than federal law. Keywords: court; florida; law; professor; solimine; state; supreme
• The Special Professional Challenges of Appellate Judging by Shepard, Randall T. (2002) - POST, Sept. 1 3, 1 999, at A 1 (citing eighteen 1 997 cases in which federal appeals court judges ruled in matters involving companies in which either the judges or their family members had equity interests). 24. See James Bradshaw, Female ChiefJustice a Firstfor Court, COLUMBUSDlSPATCH, Aug. 31, 2000, at 4C (reporting that Ohio appeals court judge was sanctioned for using free labor from jail inmates and welfare recipients to construct campaign signs); In re Schwartz, 755 So. Keywords: appeals; case; challenges; chief; court; decision; high; indiana; issues; judges; judicial; justice; law; ofthe; public; state; supreme; supreme court; times; u.s
• The Practice of Precedent: Anastasoff, Noncitation Rules, and the Meaning of Precedent in an Interpretive Community by Robel, Lauren (2002) - THE PRACTICE OF PRECEDENT 407 dispositions (usually their own) 4460 times, and that 3161 federal district court opinions cite unpublished federal circuit court opinions, relying on them for legal support in 1967 cases. Appellate judges are also consumers of unpublished appellate opinions. Keywords: appellate; circuit; citation; courts; judges; law; note; opinions; practice; precedent; publication; rules; supra
• Thinking About the Supreme Court After Bush v. Gore by Greenhouse, Linda (2002) - The public learns about Supreme Court opinions only derivatively, through the media, or as mediated by politicians or leaders of other sectors of society. In evaluating whether the Court is doing a good job of communicating, we must look at how the Court communicates to the specialized audience that in turn is going to carry the message to the wider audience of people who will never in their entire lives hold a Supreme Court opinion in their hands. Keywords: amendment; bush; case; chief; court; justice; law; ofthe; opinion; states; supreme; supreme court; u.s
• Address from Chief Judge Eagles by Eagles Jr., Sidney S. (2002) - We hear almost all criminal cases, all family law cases, all juvenile cases, all administrative law cases, and every other litigated matter in state court except those few cases where the North Carolina Supreme Court chooses to consider a case on appeal or discretionary review prior to our determination. Our cases come from every level of court, quasi- judicial forum, and administrative agency, sometimes directly to us and sometimes through the superior court—our top trial court. Keywords: appeals; carolina; cases; court; judge; law; north; state; supreme
• Managing Caseflow in State Intermediate Appellate Courts: What Mechanisms, Practices, and Procedures Can Work to Reduce Delay? by Hoffman, Richard B.; Mahoney, Barry (2002) - Key operational problems identified as common to many appellate courts include delays in the preparation and filing oftrial court transcripts, delays in the appointment of appellate counsel for indigent defendants, case overloads facing attorneys responsible for handling appeals in small law offices and in the offices of major institutional litigants, leniency on the part of appellate courts in the granting ofextensions oftime to file briefs, the sheer complexity ofsome cases, and (in some courts) the existence ofa large backlog ofundecided cases. When appellate courts cannot manage their business well, they contribute to a negative model of court processes and tend to undermine public trust in the legal system. Keywords: appeals; appellate; appellate court; argument; attorneys; case management; case processing; caseflow; caseflow management; cases; court; data; days; filing; information; issues; judges; law; management; management information; new; note; ofthe; ofthe court; ohio; problems; project; record; resources; review; staff; standards; state; supra; system; time; trial court; use; work; yes
• Choosing Life: Proposing Immunity for Mothers Who Abandon Their Newborns by Acklin, Jill M. (2002) - 10 Across the country, fifteen states, including Indiana, enacted legislation in 2000 to address the problem of abandoned children. 11 Additionally, the state has a strong interest in providing stable homes for children, and early, permanent placement with adoptive families furthers the interests of both the child and the state. 118 By applying the policies and procedures already in place with abandoned children, the state can facilitate the adoption ofchildren abandoned in emergency rooms. Keywords: abandonment; baby; birth; child; defense; emergency; father; indiana; infant; law; mother; note; pregnancy; services; state; supra; supra note; women
• Giving Until It Hurts: Prisoners Are Not the Answer to the National Organ Shortage by Hinkle, Whitney (2002) - 12 State governments first addressed the need for organ donors when they approved the Uniform Anatomical Gift Act (UAGA) of 1968, which was designed to standardize the process of organ donation and removal. Indiana Law Review Giving Until It Hurts: Prisoners Are Not the Answer to the National Organ Shortage' Whitney Hinkle This Note argues that prisoners, whether executed or living, should not become organ donors. Keywords: bill; consent; death; donation; donors; execution; law; life; medical; national; number; ofthe; organ; organ donation; prisoners; procurement; supra note; system; transplant; transplantation; united
• Front Matter by Law Review, Indiana (2002) - A.B., University ofVirginia; Ph.D., Indiana University; J.D., Indiana University School of Law—Indianapolis. GERALD L.BEPKO, Vice-Presidentfor Long-Range Planning, Indiana University; Chancellor, Indiana University-Purdue University at Indianapolis and Professor ofLaw. Keywords: a.b; associate; b.s; college; indiana law; indiana university; indianapolis; j.d; labor; law; oflaw; professor; professor oflaw; review; school; university; university school
• The Way Forward: Lessons from the National Symposium on Judicial Campaign Conduct and the First Amendment by Law Review, Indiana (2002) - The Way Forward: Four Principles and Eight Recommendations The purpose ofthe Symposium was to identify constitutionally permissible and feasible opportunities to improve judicial election campaigns so as to assure protection of judicial impartiality and public confidence in that impartiality. Judicial campaign conduct by candidates can be constrained. Keywords: campaign; candidates; conduct; elections; judicial; law; state; symposium
• Television Ads in Judicial Campaigns by Champagne, Anthony (2002) - Three ads not in the Brennan Center compilation were candidate ads from Alabama that can be viewed at http://www.yourvotealabama.org/adwatch/adsolution. 35 Those that were candidate ads were broadcast 7151 times and the third party ads were broadcast 6052 times. Keywords: ads; alabama; campaigns; candidate; chamber; court; crime; election; justice; law; michigan; note; ohio; party; supreme; television; yes
• The Canons in the Courts: Recent First Amendment Rulings by O'Neil, Robert M. (2002) - 5 Part I will review a series of decisions within the past half decade, most of which have been unreceptive to efforts to regulate judicial campaign speech. The news thus far in the millennium has been fairly dismal for those who seek to regulate judicial campaign speech. Keywords: campaign; candidates; canons; court; judges; judicial; law; office; ofthe; party; process; public; speech; state; supreme
• If Elected, I Promise [___] -- What Should Judicial Candidates Be Allowed to Say? by Gillers, Stephen (2002) - Now let us consider the arguments against permitting judicial candidates to reveal, even tentatively and generally, their views on a major legal premise. Because it is human nature to be, and to endeavor to appear to be, consistent and reliable, when we allow judicial candidates to state their views on legal questions, we run the risk of denying a future litigant a totally open mind. Keywords: candidate; case; court; law; rule; state; views; way
• Restrictions on the Speech of Judicial Candidates Are Unconstitutional by Chemerinsky, Erwin (2002) - 3 Although I usually agree with his constitutional analysis, here I believe that he underestimates the First Amendment interests of judicial candidates and overestimates the harms ofallowing such speech. Simply put, my position is that if states are going to make judges and judicial candidates into politicians by requiring them to run for office or retention, then these individuals should have the same basic right to free speech as all others standing for election. Keywords: candidates; court; judges; law; o'neil; professor; restrictions; speech; views
• Thoughts on the Democratic Basis for Restrictions on Judicial Campaign Speech by Bauer, Robert F. (2002) - Indiana Law Review Thoughts on the Democratic Basis for Restrictions on Judicial Campaign Speech Robert F. Bauer* Introduction As I have read the fine papers prepared for the Symposium on Judicial Campaign Conduct and the First Amendment, I am struck by how closely the debate over judicial campaign regulation is shadowed, if not molded, by the longstanding argument over legislative campaign finance reform. Professor BeVier seems to make a similar point about the inapposite application of the First Amendment to judicial campaigns. Keywords: campaign; candidates; courts; judges; law; ofthe; regulation; speech
• Judicial Campaign Conduct Committees by Reed, Barbara; Schotland, Roy A. (2002) - As an initial step that requires relatively little yet holds great promise, the authors endorse the use of judicial campaign conduct committees as a means of long-term improvement. 39. The Problems on Which Such Committees Can Act So far, campaign conduct committees have dealt only with problematic advertisements, and that is bound to remain their main or sole focus. Keywords: bar; campaign; campaign conduct; candidates; committees; conduct; court; election; law; members; o o; ohio; state; supreme
• Responding to the Perversion of In Loco Parentis: Using a Nonprofit Organization to Support Student-Athletes by Carter, W. Burlette (2002) - 2. Limited transfers by student athletes from school to school by requiring, inter alia, that they have been in residence at least one year before participation; 3 . In his 1995 State of the Association Address, NCAA CEO Cedric Dempsey acknowledged that the focus upon the parity principle had led some to believe that competition mattered more than the rights and needs of student athletes. Keywords: aid; amateurism; association; athletes; athletics; coaches; college; committee; control; convention; court; division; doctrine; education; faculty; football; indiana; institutions; interests; law; loco; manual; members; ncaa; nonprofit; ofthe; parentis; perversion; play; proceedings; professional; programs; public; review; rights; rules; schools; speech; sports; state; student; support; supra note; time; u.s; university; vol; welfare; work
• Moral Principles and Legal Practice by Pickering Francis, Leslie (2002) - Ideal Moral Rules and Moral Practice Under Circumstances of Injustice When moral rules are translated into moral practice in ordinary life, they may well confront circumstances ofinjustice. Thus it is more difficult to defend the claim that pregnant women have legal obligations to undergo medical care for the benefit ofthe fetuses they carry, than the claim that they have moral obligations to accept such care. Keywords: care; case; decisions; health; judgments; law; life; medical; orentlicher; patients; practice; principles; review; rules; translation
• A Democracy for the Pursuit of Happiness by Papke, David Ray (2002) - 2. John Denvir, Democracy's Constitution: Claiming the Privileges of American Citizenship 127 (2001). 88 In particular, let's enhance political speech rights in hopes of creating richer political dialogue and, ultimately, desirable action. Keywords: amendment; american; clause; constitution; denvir; immunities; law; note; ofthe; privileges; rights; states; supra
• Restoring Civility—the Civil Asset Forfeiture Reform Act of 2000: Baby Steps Towards a More Civilized Civil Forfeiture System by Johnson, Barclay Thomas (2002) - RESTORING CIVILITY 1 047 I. Overview of Civil Forfeiture Laws Prior to the Civil Asset Forfeiture Reform Act of 2000: General Background Information A. Forfeiture ofProperty Involved in Crimes Has a Long History The history of civil forfeiture law is not merely an esoteric exercise. B. Innocent Owner Defense One of the most troubling parts of civil forfeiture law has long been the worry that the property of innocent owners could be forfeited based on third- party conduct that the owner did not know of and/or could not reasonably foresee. Keywords: act; cir; civil; court; criminal; fines; forfeiture; government; instrumentality; law; offense; ofthe; owner; property; reform; reform act; states; u.s; u.s.c; united; united states
• Front Matter by Law Review, Indiana (2002) - The Bureau of National Affairs, Inc 1231 25th Street, NW Washington, DC 20037 Customer Relations: 1-800-372-1033 email: lw@bna.com http://www.bna.com Indiana Law Review Volume 35 2001-2002 Editor-in-Chief Peter J. Young Executive Managing Editor Mary Margaret Giannini Senior Executive Editor Matthew W. Conrad Symposium Editor Paul Jefferson Executive Notes Editor Andrew R. Falk Executive Articles Editors Barclay Thomas Johnson Sarah Snoeberger Articles Editors Kathryn E. Bunnell Thomas R. Ewick Timothy A. Hammons Daniel J. Hancock Carl Hayes Preston B. Ray Tiffany A. Rider Peter Siddiqui Michael G. Stites Note Development Editors Jill M. Acklin Lucy R. Dollens Hilary Guenther Whitney L. Hinkle Andrew S. Kosegi Paul D. Vink Associate Editors Jay Adams John S. Bjerke Robyn S. Crosson Caren Geppert Paul M. Jones, Jr. Kelly A. Lewis Dana L. Luetzelschwab Michael T. McNally Rodney L. Michael Justin F. Roebel Lauren Toppen Dawn M. Adams David R. Brimm Gregory A. Cox Jeffrey M. Cromer Monica S. Doerr Jennifer L. Dolak Homer W. Faucett Amy S. Ford Adam Assad Gaha Janet A. Gongola Keliye M. Gordon Members Brian K. Groemminger Elaine L. Guidroz Brett J. Henry Lucy A. Khairy Polly J. Kubesch Kirby W. Lee Scott Linneweber Katherine E. McCanna Michael P. O'Bryan Joseph E. Parrish Bonnie B. Phillips Julianna M. Ptawecki Kevin S. Price David E. Roberts Cara L. Schaefer Amy L. Schoettle John J. Schroeder Shannon M. Shaw Andrij B. Susla Terry Thomson Laura E. Trulock Editorial Specialist Chris Paynter Faculty Advisors Andrew R. Klein George Wright Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. A.B., University ofVirginia; Ph.D., Indiana University; J.D., Indiana University School of Law—Indianapolis. Keywords: a.b; associate; b.s; college; indiana; indiana university; indianapolis; j.d; law; oflaw; professor; professor oflaw; review; school; university
• A Year of Transition in Appellate Practice by Cressler, Douglas E. (2002) - In one decision, the court of appeals found an unusual exception to the doctrine;^^ in the other, the court found the doctrine inapplicable.^ The doctrine ofthe law ofthe case is a discretionary tool by which appellate courts decline to revisit legal issues already determined on appeal in the same case and on substantially the same facts.^^ Court reporters and trial court clerks seem to be handling their new duties, and attorneys are learning to use the new rules. Keywords: app.r; appeal; appellate; brief; court; ind; indiana; law; motion; n.e.2d; ofthe; rule; supreme; trial
• Recent Developments in Civil Procedure by Lind, JoEllen (2002) - Since Pollard, the inherent power of Indiana courts to order payment of monies to assist in the administration ofjustice has been established. By directing the solicitations to the prospective clients, the respondents communicated to those persons that they were available to act in a representative capacity for them in Indiana courts As such, they held themselves out to the public as lawyers in this state when neither was admitted to practice here. Keywords: action; app; appeals; appellate; asbestos; attorney; case; civil; claim; code; court ofappeals; courts; damages; death; defendant; evidence; federal; fees; ind; indiana; indiana court; indiana law; indiana supreme; indiana trial; issue; judgment; jurisdiction; jury; justice; law; mat; matter; motion; n.e.2d; new; ofthe; order; plaintiffs; procedure; public; question; review; rule; state; statute; summary; supreme court; time; trial court; trial rule; u.s; vol
• Indiana's Revised Article 9 and Other Developments in Commercial and Consumer Law by Albaugh, Matthew T. (2002) - Under the uniform 9- 1 09(c)(2) and (3), Article 9 does not apply to the extent that (2) another statute of this State expressly governs the creation, perfection, priority, or enforcement of a security interest created by this State or a governmental unit of this State; (3) a statute of another State, a foreign country, or a governmental unit of another State or a foreign country, other than a statute generally applicable to security interests, expressly governs creation, perfection, priority, or enforcement of a security interest created by the State, country, or governmental unit ... These provisions provided that Article 9 would apply to security interests created by state or foreign governmental units except to the extent another statute governed the issue. Keywords: article; charge; collateral; court; debtor; finance; financing; indiana; interest; law; loan; ofthe; security; statement; subsection
• State and Federal Constitutional Law Developments by Berger Levinson, Rosalie (2002) - The majority relied heavily on an earlier Indiana Supreme Court decision, which involved the free speech provisions of the Indiana Constitution. Unfortunately, Justice Sullivan's opinion leaves litigants in the dark as to whether hybrid claims will be recognized by Indiana courts. Keywords: amendment; chapel; children; city; claim; clause; court; free; government; indiana; interest; justice; law; mat; minors; ofthe; ordinance; right; school; speech; state; statute; supreme; supreme court; u.s
• Recent Developments in the Indiana Law of Contracts and Sales of Goods by Greenberg, Harold (2002) - Federated Supply Corporation (Federated).^ Phelps, a heating and air conditioning contractor, purchased Rheem furnaces from Federated for resale to home builders or to private home owners and for installation by Phelps.^ For approximately four years, substantially all of Rheem's high efficiency furnaces were defective, failed to function properly, and required many service calls and repairs by Phelps at substantial cost to it. An interesting question is why Phelps continued to purchase Rheem furnaces during the entire four-year period. Keywords: court; damages; exclusion; goods; indiana; law; n.e.2d; ofthe; phelps; purpose; remedy; rheem; trial; warranty
• Corporate Law: A Year in the Life of Indiana Corporate Law by Chan, Leah M. (2002) - The eight factors are: (1) undercapitalization; (2) absence of corporate records; (3) fraudulent representation by corporation shareholders or directors; (4) use of the corporation to promote fraud, injustice or illegal activities; (5) payment by the corporation of individual obligations; (6) commingling of assets and affairs; (7) failure to observe required corporate formalities; or (8) other shareholder acts or conduct ignoring, controlling, or manipulating the corporate form. As the shareholder derivative action is a creature ofequity^' in Indiana, the court saw no reason why trial courts cannot be flexible when fashioning remedies for close corporation wrong-doings.^^ Keywords: action; boehm; carroll; cassiday; corporate; corporation; court; goldsmith; indiana; law; mat; n.e.2d; ofthe; shareholder; shares; trial
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M. (2002) - '^^ Justice Sullivan, joined by Justice Rucker, concurred in the result, reasoning that the principles underlying Terry remain sufficiently viable that we must adhere to this well-settled precedent, but nevertheless reached the same result because the erroneous reftisal of the intoxication instruction was harmless beyond a reasonable doubt. '^' F. Jury Instructions on Flightfrom Crime Scene Sorting though a decade of wishy-washy pronouncements on flight instructions, the supreme court in Dill v. State^^^ finally resolved long-standing confusion by holding that it is per se erroneous for trial courts to give an instruction that flight and other actions calculated to hide a crime, though not proof of guilt, are evidence of consciousness of guilt and are circumstances which may be considered by [the jury] along with other evidence. The court declined to adopt a categorical rule limiting retrials to a specific number but instead held that trial courts are in the best position to weigh the relevant factors and that abuse ofdiscretion is the appropriate standard for appellate review ofthe 137. Keywords: court; defendant; ind; indiana; law; n.e.2d; offense; ofthe; sentence; state; statute; supreme; supreme court; trial
• Survey of Employment Law Developments for Indiana Practitioners by Kline, Susan W.; Boshkoff, Ellen E. (2002) - ''*^ In Alexander, the court explained that this phrase merely emphasized that employment discrimination cases usually involve questions of credibility and intent, which are seldom appropriate summary judgment issues.' *' Despite the implication, grants ofsummaryjudgment in employment discrimination cases are reviewed underthe same standards as all other cases in which summaryjudgment is granted. Keywords: act; ada; case; cir; circuit; compensation; court; decision; discrimination; eeoc; employees; employer; employment; evidence; harassment; inc; indiana; issue; judgment; law; mat; ofthe; pay; period; plaintiff; review; summary; supreme; supreme court; survey; u.s; vol; worker
• Survey of Recent Developments in Indiana Product Liability Law by Alberts, Joseph R. (2002) - The 1995 amendments changed Indiana law with respect to fault allocation and distribution in product liability cases. In addition to Rogers, there are several published state and federal cases that Indiana product liability practitioners may be interested in that are not reviewed in this article because, although they are product liability cases, substantive product liability issues are not the focus ofthe opinions. Keywords: appeals; asbestos; case; claims; co.; court; damage; decision; defendants; federal; inc; ind; indiana; indiana law; ipla; issue; judge; judgment; law; n.e.2d; nts; ofthe; opinion; plaintiffs; preemption; product; product liability; property; state; statute; summary; supreme court; trial court; u.s
• Fulfilling the Deterrent and Restitutionary Goals of the Security Deposits Statute and Other Developments in Indiana Property Law by Wilson Jr., Lloyd T. (2002) - The court of appeals thus reversed the decision of the trial court and remanded with instructions to calculate the amount of damages landlord was entitled to receive and what amount should be reimbursed to the tenants.^' The Schoknecht opinion does not construe the inclusion of non-conforming damages or damages outside the scope of the statute as prohibited partial compliance, as the majority opinion did in Pinnacle Properties. In Meyers, the court found that the purposes of the notice provision had been served where the landlord sent the tenant a letter that itemized as damages material for two doors, material to fix the bathroom, material for a 'kit room,' labor costs, and court costs and set forth specific dollar amounts for each and $600.00 for two months rent. Keywords: appeals; court; covenant; damages; deposits; deposits statute; home; ind; indiana; landlord; law; letter; n.e.2d; notice; ofthe; property; section; security; security deposit; statute; supreme court; tenant; trial court
• Developments in Indiana Taxation by Jegen III, Lawrence A.; Siddiqui, Peter A. (2002) - Further, the taxpayer must file with the IDR information about the amount of property taxes paid on a homestead.^^ The property upon which the taxpayer pays property tax must be located in a county with a population between 400,000 and 700,000 people.^^ Any taxpayer who meets the above-described characteristics is entitled to a refundable credit against the individual's state income tax liability. . . . . , it is entitled to the distributive share ofthe prison investment credit that is available/^ A pass through entity is defined as any corporation that is exempt from adjusted gross income tax, a partnership, a trust, a limited liability company, or a limited liability partnership/^ Another amendment to Indiana tax credits provides that a high technology business operation is entitled to a five percent enterprise zone investment cost credit/^ Keywords: assembly; assessment; building; case; code; credit; evidence; general; idr; income; income tax; indiana; indiana tax; isbtc; law; mat; n.e.2d; obsolescence; ofthe; property; state; tax; tax court; taxes; taxpayer
• Recent Developments in Indiana Tort Law by Caress, Timothy C.; Lemon, Katherine Amy (2002) - ^^^ The court also noted that the Indiana Supreme Court recently held that Indiana courts, when confronted with the issue ofwhether a landowner owes a 162. However, on interlocutory appeal, the Court ofAppeals reversed thejudgment ofthe trial court. Keywords: "^^; act; app; attorney; care; claim; court; ind; indiana; injury; judgment; jury; law; malpractice; mat; medical; n.e.2d; negligence; ofthe; review; supreme court; tort; trial court
• Front Matter by Law Review, Indiana (2003) - Law Review Specialist at INDIANA LAW REVIEW INDIANA UNIVERSITY SCHOOL OF LAW—INDIANAPOLIS Lawrence W. Inlow Hall 530 West New York Street Indianapolis, Indiana 46202-3225 For an academic year, the subscription rate for four issues is: ^Domestic, $30; Foreign, $35; Student, $20* ^Single Issue, $10; Survey Issue, $20* ^Symposium Issue, $15* Indiana University School of Law—Indianapolis 2002-2003 ADMINISTRATIVE OFFICERS AND FACULTY Administrative Officers GeraldL. BEPKO, Interim President, Indiana University andProfessor ofLaw. GeraldL.Bepko, Interim President, Indiana University andProfessor ofLaw. Keywords: associate; b.a; college; indiana university; indianapolis; j.d; law; oflaw; professor; professor oflaw; review; school; university; university school
• Norman Lefstein—Splendid Dean, Legitimate Hoosier by Shepard, Randall T. (2003) - American law schools at the turn ofthe century were obliged to seek out their own niches in the world of legal education in order to thrive in a market that turned down for most of the decade of the 1990s. Rakes continues, I will suggest that beneath this seemingly placid surface lie currents of a major realignment, not between students and faculty, or even between students and practitioners, but rather between the faculties of major law schools and the bench and bar. Keywords: dean; education; faculty; indiana; law; lefstein; school
• Prescription for Leadership by Bepko, Gerald L. (2003) - Norm encouraged and supported partnerships with law schools in Beijing, China; Lille, France; La Plata, Argentina; and Queensland, Australia. The number of applications overall has increased as well, thus yielding a student body better prepared for success in law school. Keywords: defense; indiana; law; new; norm; school; state
• California Death Trip by Friedman, Lawrence M.; Davies, Paul W. (2003) - In the early 1950s, in Kentucky, a survey of eighty-two counties found eleven doctors and thirty-one undertakers in the ranks ofthe coroners (there were also farmers, farm laborers, taxi drivers, and persons with no occupation); in Minnesota, however, there were forty-seven doctors, and only twenty-six undertakers (along with a scattering ofothers—^three osteopaths, one dentist, two insurance salesmen, among others).^* In Marin and the other counties too, the coroner tended to dominate the proceedings, as far as we can tell. By the 1990s, most states had either gotten rid ofthe coroner altogether, and replaced this office with a medical examiner, or with a mixed system of some sort—both a medical examiner and a coroner; or a system in which some counties had coroners, and others had medical examiners.^ California retains the office ofcoroner, pure and simple, in many of its counties. Keywords: california; case; coroner; county; death; diego; inquest; jury; law; marin; mcci; men; ofthe; san; states; suicide; yolo
• Enforcing Settlements in Federal Civil Actions by Parness, Jeffrey A.; Walker, Matthew R. (2003) - '^ After reviewing Kokkonen and some contemporary difficulties, we will suggest both lawmaking mechanisms and legal standards for improving settlement enforcement. Unfortunately, the ruling in Kokkonen addressed only some issues, leaving many questions on settlement enforcement unanswered, and prompting continuing uncertainties and confusion. Keywords: agreement; case; cir; court; dismissal; district; enforcement; federal; jurisdiction; kokkonen; law; order; parties; settlement; settlement agreement; settlement enforcement; terms
• An Interpretation and (Partial) Defense of Legal Formalism by Cox, Paul N. (2003) - A more moderate version of the criticism is that only narrow concepts drawn at lower levels of abstraction can be serviceable for formalist law. It does so, in realist fashion, by contending that the purposes of the bargain principle are better served by expanding or ignoring it, or by contending that the harms generated by inducing reliance are worthy of legal protection^^ At one level of analysis this example illustrates the distinction between a rigid deduction of legal result from abstract concept in formalist law and the treatment of law as a purposive instrument for achieving ends (for example, the end ofencouraging exchange) in realist and post-realist law. Keywords: adjudication; case; claim; conceptualism; contemporary; contract; decision; example; facts; formalism; gilmore; hayek; l. rev; law; liberty; means; ofthe; posner; practice; private; question; realist; rev; review; rules; sense; spaces; state; supra note; theory; weighing
• Abundant Media, Viewer Scarcity: A Marketplace Alternative to First Amendment Broadcast Rights and the Regulation of Televised Presidential Debates by Matey, Paul B. (2003) - Q. 567, 568 (1990) (citing research indicating that voters adopted the issue position taken by their preferred candidate following broadcast debates). Professor Chemerinsky discussed, for example, the Court's decision in Forbes holding that minor party candidates for political office may be excluded from broadcast debates. Keywords: access; act; amendment; broadcast; broadcasters; broadcasting; cable; candidates; content; court; coverage; debates; doctrine; election; fcc; general; interest; law; market; media; nbc; networks; new; note; ofthe; power; public; radio; regulation; review; scarcity; speech; states; supra; supra note; supreme; television; time; u.s; united
• Permitted Use of Patented Inventions in the United States: Why Prescription Drugs Do Not Merit Compulsory Licensing by Lee, Kirby W. (2003) - In August 2001, the Brazilian government announced plans to disregard patent rights granted to the Swiss pharmaceutical company Roche for an AIDS drug.^ Viracept, the brand name for nelfmavir, is an expensive drug often used in AIDS cocktail treatments. Although the Court did not expressly identify these situations at the time, several ofthese reasons have since developed as new and evolving technology continues to challenge the foundation of patent rights in U.S. law. Keywords: act; court; drug; federal; government; health; infringement; interest; invention; law; licensing; ofthe; patent; patentee; public; rights; states; u.s; united; use
• Duel Banking System? State Bank Parity Laws: An Examination of Regulatory Practice, Constitutional Issues, and Philosophical Questions by Schroeder, John J. (2003) - However, while from a practical standpoint it can be argued that it is both expedient and convenient to tie state bank powers to federal powers, it also introduces a very slippery slope. An issue involving the interplay among state bank powers, delegation, and constitutionality recently arose in Georgia, stemming from a 1997 approval by the Georgia Department of Banking and Finance (GDBF). Keywords: agency; bank; banking; court; delegation; dual; federal; law; laws; national; ofthe; parity; powers; provisions; regulation; state; state bank; state banking; system
• Front Matter by Law Review, Indiana (2003) - Cooper, Associate Professor ofLaw. Robin Kundis Craig, Associate Professor ofLaw. Keywords: associate; b.a; b.s; college; indiana university; indianapolis; j.d; law; oflaw; professor; professor oflaw; review; school; university; university school
• Compensation for Victims of Terror: A Specialized Jurisprudence of Injury by Shapo, Marshall S. (2003) - They were also the beneficiaries of the immunity provided by the waiver requirements the statute imposed on those who take advantage ofthe compensation system established for the victims of the attacks. Interim Final Rule, September 1 1th Victim Compensation Fund of 2001, 66 Fed. Keywords: air; compensation; congress; events; fund; injury; law; master; ofthe; september; special; tort; victim
• A Pig in a Python: How the Charitable Response to September 11 Overwhelmed the Law of Disaster Relief by Katz, Robert A. (2003) - See American Red Cross, Plan for Application of Remaining Designated Funds, 1997 DR-344 and DR-345, Minnesota and Red River Valley Floods 1 (June 5, 1998) (on file with author) (Red Cross relief is provided to sustain human life, reduce the harsh physical and emotional distress that prevents victims from meeting their own basic needs, and promote the recovery of victims when such reliefis not availablefrom other sources.'') (emphasis added). On one level, this charge is somewhat superfluous, as most Liberty Fund donors did not expressly restrict their gifts to 9/1 1 relief. Keywords: 9/11; agency; aid; american; american red; assistance; attacks; benefit; charities; charity; children; cross; disaster; disaster fund; disaster relief; donations; donors; dros; families; firefighters; fund; general; gifts; help; indiana; irs; law; liberty; liberty fund; money; needs; new; ofthe; people; public; purpose; red; red cross; relief; relief fund; response; second; september; supra note; surplus; tax; trust; ufa; use; victims; york
• Providing Compensation for Harm Caused by Terrorism: Lessons Learned in the Israeli Experience by Sommer, Hillel (2003) - The eligibility for this benefit is based on the type and severity of the injury, as well as on the victim's gender. 2003] PROVIDING COMPENSATION 347 grant;^^ yearly convalescence grants;^ income tax^^ and national health tax breaks;^^ college education grants for children ofthe victim;^^ a marriage grant;^^ and telephone expenses.^' The immediate family members ofthe victim are entitled to reimbursement of their expenses^^ and loss of wages while the victim's medical situation requires the presence of a family member near his or her bed. Yanay, supra note 4, at 36. 2003] PROVIDING COMPENSATION 337 which operated under emergency legislation to assist war victims and refugees. Keywords: act; attacks; benefits; compensation; damage; disability; expenses; fund; government; hostile; income; injury; insurance; israel; law; medical; ofthe; property; scheme; state; system; tax; terrorism; time; victims; war; widow
• Front Matter by Law Review, Indiana (2003) - Law Review Specialist at INDIANA LAW REVIEW INDIANA UNIVERSITY SCHOOL OF LAW—INDIANAPOLIS Lawrence W. Inlow Hall 530 West New York Street Indianapolis, Indiana 46202-3225 For an academic year, the subscription rate for four issues is: ^Domestic, $30; Foreign, $35; Student, $20* ^Single Issue, $10; Survey Issue, $20* *Syniposium Issue, $15* Indiana University Scliool of Law—Indianapolis 2002-2003 ADMINISTRATIVE OFFICERS AND FACULTY Administrative Officers Gerald L. Bepko, Interim President, Indiana University andProfessor ofLaw. Gerald L. Bepko, Interim President, Indiana University andProfessor ofLaw. Keywords: associate; b.a; college; indiana law; indiana university; indianapolis; j.d; law; oflaw; professor; professor oflaw; review; school; university; university school
• Tribute to Harold Greenberg by Lefstein, Norman (2003) - After law school, he clerked for a prominentjustice of the Pennsylvania Supreme Court and practiced law in Philadelphia. For the next several years he plans to visit at other law schools, and these schools—wherever they may be—will be fortunate to have his services. Keywords: harold; law; school
• A Tribute to Professor James F. Bailey, III, and a Review of His Work by Harvey, William F. (2003) - The creation ofa great law library was not the result of the ABA's activity; it occurred in spite of it. Almost immediately, this grant was matched through generous giving by law school alumni. Keywords: bailey; collection; court; indiana; law; law school; library; professor; school; time; university
• Reexamination of the Benefit of Publicly Funded Private Education for African-American Students in a Post-Desegregation Era by Brown, Kevin D. (2003) - Only 7.3% of public school teachers are black^' despite the fact that black children constitute 17.2% of public school students. One commentator has already speculated that culturally centric charter schools may, in certain circumstances, be unconstitutional.^^ Others have raised questions about the legality of teaching public school students certain claims made in some ofthe Afrocentric materials. Keywords: african; american; black; board; brown; children; community; county; court; desegregation; district; district court; education; high; integration; law; number; ofthe; program; public; school; school board; school children; school desegregation; school district; school students; school vouchers; school year; state; students; supreme; supreme court; teachers; u.s; white; year
• Race and Money, Courts and Schools: Tentative Lessons from Connecticut by Enrich, Peter D. (2003) - Indeed, this promise shone so bright that, even when a series of Supreme Court decisions in the early 1970s eviscerated the Federal Constitution as a tool for education reform,^ activists simply redirected their energies to state courts and state constitutions in the 3 . Building on these foundations, advocates in manyjurisdictions turned to their state constitutions and state courts to continue the legal struggle for equality in educational funding.^ The shift from challenges focused on race to those focused on money was undeterred by the loss ofa federal constitutional basis; it simply proceeded in a different, state- based forum. Keywords: a.2d; cases; connecticut; court; districts; education; funding; hartford; law; legislature; new; norton; note; ofthe; opportunity; plaintiffs; race; school; segregation; sheff; spending; state; students; supra; supreme; system; trial; u.s; years
• The Convergence of Education and Law: A New Class of Educators and Lawyers by Redfield, Sarah E. (2003) - Part III also briefly surveys the current school law offerings in schools of education and in law schools. This paper focuses on the involvement of school law with schools in their institutional and administrative capacities. Keywords: act; administrators; court; disabilities; district; education; education law; educators; issues; knowledge; law; lawyers; level; litigation; national; new; note; ofthe; policy; public; reform; requirements; review; school; standards; state; student; supra; teachers; u.s
• Freedom, Responsibility, and Risk: Fundamental Principles Supporting Tort Reform by La Fetra, Deborah J. (2003) - In the past, product liability actions related to vaccine products did not differ from other types of product liability litigation: plaintiffs proceeded under theories of negligence, breach of express or implied warranty, strict liability in terms of design defect, and failure to warn.^^ product liability is so extreme and uncertain as to retard innovation. Keywords: american; cases; companies; company; consumers; costs; court; damages; example; federal; freedom; indiana; injury; innovation; l. rev; law; liability; litigation; manufacturers; market; medical; new; note; ofthe; people; plaintiffs; product; product liability; public; reform; research; responsibility; rev; review; risk; safety; state; supra; system; tort; u.s; vaccine; vol; years
• Evidentiary Issues in Federal Prosecutions of Violence Against Women by Lininger, Tom (2003) - J. Gender& L. 1,14 (2002) (suggesting that PRE 803 be amended to admit out-of-court statements by victim to police within twenty-four hours of alleged domestic violence); Neal A. Hudders, Note, The Problem of Using Hearsay in Domestic Violence Cases: Is a New Hearsay Exception the Answer?, 49 DUKE L.J. 1041, 1060 (2000) (arguing that after Congress has created special evidentiary rules for prosecutions ofsexual assault and child molestation, a special hearsay exception for domestic violence cases would be appropriate); Donna M. Matthews, Making a Crucial Connection: A Proposed Threat Hearsay Exception, 11 GOLDEN GATE U. L. REV. 117, 160-64 (1997) (urging that PRE 804 be amended to admit out-of-court statement by deceased victim of domestic violence). Representative Max Williams, Chair of the Oregon House Judiciary Committee and co-sponsor of House Bill 3680, commented during a hearing on April 24, 2001, that propensity evidence is valuable in domestic violence cases: Most people understand that the odds are that if he's been beating her for 15 years [this evidence] does have a probative impact on whether or not it is more likely to have occurred in this case. Keywords: 609(a; assault; cases; code; court; crimes; defendant; evidence; exception; federal; fre; hearsay; law; note; oregon; propensity; prosecutions; r. evid; rev; rule; statement; states; united; victim; violence; women
• The Judge Has No Robes: Keeping the Electorate in the Dark About What Judges Think About the Issues by Morrison, Alan B. (2003) - A number of states are now experimenting with taking enforcement of judicial election rules out ofthe hands ofthe judiciary.^' The plaintiffs in White also challenged the Minnesota rule that, in essence, requires judicial candidates to stay completely clear of political parties, but the Court of Appeals rejected that claim and the Supreme Court declined to hear it. Keywords: announce; campaign; candidate; cases; court; elections; issues; judges; justice; law; line; ofthe; public; rule; speech; state; views; voters; white
• The Ethical Law School. James P. White Lecture on Legal Education by Zellick, Graham (2003) - I have chosen it, not because of any ethical deficit or perceived deficit in law schools either here or in the UK, but because it is a topic I regard as important, and it is something which it is so easy to take for granted that it can slip from consciousness and visibility when it is essential that it should be explicit and conspicuous. Nevertheless, law schools have sufficient autonomy and sufficient individual identity that these considerations do to a large extent fall within their responsibility, and they certainly have considerable scope to meet these criteria or, sadly, fail to meet them. Keywords: academic; ethical; law; ofthe; procedures; public; school; students; university; way
• Prescriptions for Change: The Hatch- Waxman Act and New Legislation to Increase the Availability of Generic Drugs to Consumers by Gongola, Janet A. (2003) - Indiana Law Review Prescriptions for Change: The Hatch-Waxman Act AND New Legislation to Increase the Availability OF Generic Drugs to Consumers* Janet A. Gongola'* Introduction In 1984, Congress attempted to delicately balance the interests of innovator pharmaceutical companies (innovators) and generic drug manufacturers (generics) by enacting the Drug Price Competition and Patent Term Restoration Act of 1984, better known as the Hatch-Waxman Act.^ Congress guaranteed innovators seventeen-year patent terms to encourage the research and development ofvaluable new drugs.^ Moreover, the Amendment did not prevent the FDA from requesting additional clinical studies to address adverse reactions or other data published after initial approval of the innovator's drug.^* Thus, the 1962 Amendment essentially limited the number of generic drugs on the market and prolonged the time necessary to obtain approval for a new generic. Keywords: abbott; act; agreement; anda; antitrust; approval; competition; court; drug; exclusivity; fda; federal; ftc; generic; geneva; hatch; house; innovators; law; litigation; market; new; note; ofthe; patent; pharmaceutical; products; supra; supra note; trade; waxman
• Personal Privacy on the Internet: Should It Be a Cyberspace Entitlement? by Groemminger, Brian Keith (2003) - '*^ Another survey showed ninety-eight percent ofrespondents felt their privacy was substantially threatened by advertisers and marketers.^° When individuals were queried about Internet privacy, the results spoke once again in favor of personal privacy.^' Surveys reveal that sixty-four percent of Americans are unlikely to trust Web sites, while ninety percent want the right to control the use of their personal information after collection. To date, no comprehensive legislation exists regarding Internet privacy pertaining to a private enterprise's ability to collect personal information from the Internet. Keywords: business; collection; consumer; cookies; data; data collection; individual; information; internet; internet privacy; law; marketing; note; ofthe; online; practices; privacy; program; protection; seal; site; supra note; toolbar; user; web; web site
• A Hot Debate in the Summer of 2001: State v. Oakley's Excessive Intrusion on Procreative Rights by McCanna, Katherine E. (2003) - These boundaries are even further blurred by the dichotomy in treatment between probation rights that do not implicate constitutional issues and those that clearly impinge upon the probationer's fundamental constitutional rights.^^ Part II addresses the nature and theories behind imposition of probation for criminals and the standards appellate courts employ in reviewing probation conditions, generally. Keywords: app; cal; child; children; condition; court; justice; law; oakley; probation; probation condition; review; rights; rptr; state; state v.
• Front Matter by Law Review, Indiana (2003) - BEPKO, Interim President, Indiana University andProfessor ofLaw. GERALD L. BEPKO, Interim President, Indiana University andProfessor ofLaw. Keywords: associate; b.a; college; director; indiana university; indianapolis; j.d; law; oflaw; professor; professor oflaw; review; school; university; university school
• Why the Courts Matter in Building a Strong Economy by Shepard, Randall T. (2003) - Finally, Indiana courts and courts across the country continue to formulate specialized court systems to increase case management and reallocate case loads. From family courts, to new facilities, to reforms in procedure, building stronger families for Indiana's future is never very far from the hearts ofIndiana judges. Keywords: court; families; force; indiana; labor; law
• Indiana Constitutional Developments: The Wind Shifts by Laramore, Jon (2003) - 171 The court concluded that although section 9 is written as a restriction on the legislature, it is intended to prohibit Indiana courts, as well as the General Assembly, from abridging the free speech rights of Indiana citizens. In contrast, Indiana courts have not been reticent to use the constitutional principles governing the functioning of state government to break new and important ground. Keywords: article; case; constitution; court; drug; federal; indiana; indiana constitution; justice; law; n.e.2d; right; school; section; state; supreme; supreme court; trial
• Recent Developments in Indiana Consumer Law by Conrad, Matthew W. (2003) - In the last few decades, Indiana courts have indicated a willingness to find an implied warranty of habitability in the context of residential leases. 75 Conclusion Developments in Indiana consumer law during the Survey period were relatively few in number. Keywords: code; consumer; court; ind; indiana; law; loan; summons
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M. (2003) - Although the court of appeals has become the primary arbiter of sentence review by virtue of its jurisdiction in all term-of-years appeals, 182 the supreme court remains crucial to the issue because of its transferjurisdiction and, ideally, the guidance offered to the court of appeals and trial courts by its opinions. If it is the latter, one might expect trial courts to explain their decisions in more detail, possibly applying sentencing principles from case law or making analogies with those sentencing decisions. Keywords: court; death; defendant; ind; indiana; jury; law; n.e.2d; penalty; saylor; sentence; state; statute; supreme; supreme court; trial
• Survey of Employment Law Developments for Indiana Practitioners by Boshkoff, Ellen E.; Kline, Susan W. (2003) - 280 A final survey period Seventh Circuit case involving the perimeters of disability came in Szmaj v. American Telephone & Telegraph Co.281 477 The Ninth Circuit opined that the approach was consistent with recent Supreme Court cases underscoring that no special pleading or proof hurdles may be imposed on Title VII plaintiffs. Keywords: arbitration; case; circuit; claim; company; court; decision; discrimination; eeoc; employees; employer; employment; evidence; f.3d; inc; indiana; law; mat; ofthe; period; plaintiff; review; supreme court; time; title; u.s; vii; work
• Recent Developments in Indiana Evidence Law by Papa, Jeff (2003) - that trial courts are generally within their discretion to permit hair comparison analysis. 191 The court further noted that trial courts must assess the scientific validity of the reasoning or methodology underlying the testimony, whether such reasoning or methodology can properly be applied to the facts in issue, and that such knowledge admitted under Rule 702 is required to be more than unsupported speculation or a subjective belief. Keywords: app; court; defendant; evidence; expert; ind; indiana; law; n.e.2d; ofthe; rule; state; testimony; trial court; victim; witness
• Survey of Recent Developments in Health Care Law by Render, John C. (2003) - 274 The Departmentmay not provide information or analysis that contains any information that personally identifies or may be used to identify a patient or consumer of health care services unless the Department determines such information is necessary for a public health activity. 143 CMS received numerous comments regarding the Phase I regulations indicating that hospitals, academic medical centers, medical foundations and other health care entities commonly pay physicians for their professional services using a formula that takes into account a percentage of a fluctuating or indeterminate measure (for example, revenues billed or collected for physician \ 144 services). Keywords: c.f.r; court; entities; entity; group; health; health care; health information; income; indiana; individual; information; law; medicaid; medical; medicare; ofthe; physician; practice; provider; regulations; review; services; set; state; statute; use; value
• Survey of Recent Developments in Indiana Product Liability Law by Alberts, Joseph R.; Boyers, James M. (2003) - This survey does not attempt to address in detail all of the cases applying Indiana product liability law that courts decided during the survey period. The first case, In re Bridgestone/Firestone, Inc., 288 F.3d 1012 (7th Cir. 2002), is not discussed in detail in this article because it does not deal with substantive issues of Indiana product liability law. Keywords: app; case; claims; code; code section; consumer; court; inc; indiana; indiana code; ipla; law; liability; manufacturer; n.e.2d; ofthe; product; product liability; section; seller
• Filling in the Gaps: The Continuing Evolution of Property Law in Indiana by Solloway, Robert G.; Marsh, Tanya D. (2003) - V. New Statutes Two statutes passed by the 2002 General Assembly made noteworthy changes to Indiana property law. Indiana Law Review Filling in the Gaps: The Continuing Evolution of Property Law in Indiana Robert G. Solloway* Tanya D. Marsh** In this survey period, October 1 , 200 1 , through September 30, 2002, the state appellate and federal courts tackled a number of discrete issues regarding property law. Keywords: app; appeals; case; code; condition; contract; court; covenant; damages; ind; indiana; landlord; law; n.e.2d; ofthe; property; public; statute; tenant; use
• Recent Developments in Indiana Taxation by Jegen III, Lawrence A.; Gongola, Janet A. (2003) - Indiana Tax Court Decisions The Indiana Tax Court (Tax Court) rendered a variety of opinions from October 1, 2001, to September 30, 2002. As the Indiana Supreme Court decided this case, the State Board of Tax Commissioners were in the process of developing a new manual and guidelines for property tax assessments. Keywords: assessment; case; code; county; county board; department; evidence; general; income tax; indiana; indiana code; indiana tax; land; law; n.e.2d; petition; property tax; review; sales tax; state board; state tax; supreme court; tax court; tax ct; tax year; use; year
• Recent Developments in Indiana Tort Law by Caress, Timothy C; Troendle Greer, Marie (2003) - 237 In interpreting who will fall within the statute's provisions, the supreme court recognized that courts have generally resolved this question in one offour ways: (1) permit recovery only for the death of children born alive, (2) permit recovery only for the death of viable unborn children, (3) permit recovery for the death of unborn children that are quick, and (4) permit recovery for the death of any unborn child. Id. (emphasis added by court). Keywords: app; appeals; care; claim; court; damages; death; evidence; indiana; injury; judgment; law; lawrence; limitations; malpractice; medical; n.e.2d; ofthe; review; state; statute; supreme court; trial court
• Virtual Violence or Virtual Apprenticeship: Justification for the Recognition of a Violent Video Game Exception to the Scope of First Amendment Rights of Minors by Phillips, Bonnie B. (2003) - First, the court held that the studies failed to show that video games had even once caused a person to commit a violent act or increased a person's level of violence due to exposure to violent video games. 90 Second, it revealed that time spent playing violent video games was a superior predictor of delinquency when compared to time spent playing video games generally. Keywords: access; amendment; arcades; children; city; content; court; effects; law; minors; note; ofthe; play; players; public; research; speech; supra; supra note; time; u.s; video; video games; violence
• Front Matter by Law Review, Indiana (2003) - A.B., Juniata College; J.D., George Washington University Law School. Allison Martin, Clinical Associate Professor Law. Keywords: associate; b.a; college; indiana law; indiana university; indianapolis; j.d; law; law school; oflaw; professor; review; school; university; university law; university school
• A Tangled Webb—Reexamining the Role of Duty in Indiana Negligence Actions by Boehm, Theodore R. (2003) - Co., Inc. v. Foster, 519 N.E.2d 1224, 1228 (Ind. 1988) (requiring no duty of social host), with Elder v. Fisher, 217 N.E.2d 847, 853 (1966) (recognizing common law duty of sellers of alcohol). Indiana Law Review Indiana Law Review Volume 37 2003 Number 1 ARTICLES A Tangled Webb—Reexamining the Role of Duty IN INDL\NA Negligence Actions Honorable Theodore R. Boehm* Introduction The four elements of a negligence action have long been recited by courts in Indiana and elsewhere as duty, breach, causation and hsum. Keywords: app; cause; court; defendant; duty; foreseeability; ind; indiana; law; liability; n.e.2d; negligence; policy; proximate; webb
• Fundamental Principles for Class Action Governance by Lahav, Alexandra (2003) - Even when there is no direct proof of explicit collusion, there is always the possibility in class action settlements that the defendant, class counsel, and class representatives will all pursue their own interests at the expense of the class. Because this tension will always have to be traded off to some extent in class action settlements, perhaps courts should look at the degree to which individual interests have been sacrificed in favor ofthose ofthe collective. Keywords: action governance; action settlement; actions; attorneys; case; cir; claims class; class action; class counsel; class members; class settlement; coffee; consumer class; context; court; defendants; disclosure; example; fairness; fees; governance; group; individual; information; interests; judge; law; litigation; mechanisms; model; notice; objectors; ofthe; ofthe class; opt; outs; plaintiffs; problems; process; public; representative; review; role; rule; settlement; state; supra note; u.s
• Enron, Epistemology, and Accountability: Regulating in a Global Economy by Beecher-Monas, Erica (2003) - '^ Thus, the Sarbanes-Oxley Act makes the audit committee responsible for corporate financial disclosures. A. Corporate Compliance Programs: The Congressional Solution and Its Problems Under the Sarbanes-Oxley Act, the board's audit committee must oversee corporate financial disclosures. Keywords: accounting; act; audit; behavior; board; business; committee; company; compliance; corporation; costs; decisions; directors; disclosure; duty; economy; enforcement; enron; example; financial; firm; fraud; game; game theory; governance; indiana; information; insurance; investors; law; liability; management; managers; market; monitoring; note; ofthe; oxley; people; players; problem; pslra; regulation; report; rev; review; risk; rules; sarbanes; securities; self; shareholders; statements; stock; strategy; supra; supra note; theory
• Reemployment Rights Under the Uniform Services Employment and Reemployment Act (USERRA): Who's Bearing the Cost? by Green, Anthony H. (2003) - Such employers are then burdened with maintaining the citizen-soldier's employment position and reemploying the returning serviceman in a position that he would have been in as if he had never left. Mat 900. 2003] USERRA 225 proximity in time between the employee's military activity and the adverse employment action, inconsistencies between proffered reason and other actions of the employer, an employer's expressed hostility towards members protected by the statute together with knowledge ofthe employee's military activity, and disparate treatment of certain employees compared to other employees with similar work records or offenses.^^ The evidence in Z^w^A: provided for an inference that Leisek's military status was a motivating factor in Brightwood's decision to end his employment because of the significant number of absences from work caused by Leisek's participation in the Guard.^^ The record include[d] testimony supporting an inference that Leisek's Guard-duty absences . . . Keywords: accommodation; ada; burden; case; cir; citizen; cost; court; employer; f.3d; hardship; law; leave; military; note; reemployment; service; u.s.c; userra
• A Safer Nation?: How Driver's License Restrictions Hurt Immigrants & Noncitizens, Not Terrorists by Mounts, Alexander L. (2003) - A total of forty-five states have adopted the DLC.^^ The NRVC standardizes methods used by differentjurisdictions to process traffic citations received by out of state drivers. Even if the state law is a permissible regulation of immigration, it may still be preempted if there is a showing that it was the clear and manifest purpose of Congress to effect a complete ouster of state power, including state power to promulgate laws not in conflict with federal laws with respect to the subject 1 1 4. Mich. Keywords: court; driver; federal; government; identity; immigrants; immigration; law; license; license restrictions; new; noncitizens; note; power; restrictions; security; states; theft; u.s; united; united states
• The Untouchables: Protections from Liability for Border Searches Conducted by U.S. Customs in Light of the Passage of the Good Faith Defense m 19 U.S.C. § 482(b) by Saylor, Nathaniel (2003) - In other words, will plaintiffs be able to argue successfully that by granting Customs inspectors good faith immunity from liability. Good faith immunity will allow other means for Customs employees to avoid liability for their actions, but similar to qualified immunity, it will not allow them to avoid liability for actions that they knew or should have known were illegal. Keywords: border; cir; court; customs; defense; faith; immunity; inspectors; law; qualified; search; searches; states; u.s; united
• Depecage: Embracing Complexity to Solve Choice-of-Law Issues by Stevenson, Christopher G. (2003) - Depecage allows courts to isolate and limit true conflicts between differing bodies of law, which facilitates more adequate analysis of underlying interests and policies.^ By promoting diversity among state law, depecage is also consistent with the federalist view of state sovereignty.^ The defendants maintained that the law of Indiana should apply, while the plaintiffs urged that either Illinois or Texas law should apply.^^ Definitive differences in state law existed between Indiana and Illinois/Texas law, such as whether siblings of decedents were allowed to recover damages and whether a plaintiff could have brought survival claims for conscious pain and suffering.^* 67. Keywords: analysis; choice; claims; conflict; court; damages; depecage; indiana; indiana law; interests; issues; law; law analysis; law rule; laws; lex; liability; loci; ofthe; place; plaintiffs; rule; schalliol; state; state law; united
• Front Matter by Law Review, Indiana (2004) - A.B., Juniata College; J.D., George Washington University Law School. LL.B., University ofIllinois College of Law; LL.M., Georgetown University Law School. Keywords: associate; b.a; college; indiana law; indiana university; indianapolis; j.d; law; law school; oflaw; professor; professor oflaw; review; school; university; university law; university school
• Diversity and Legal Education. James P. White Lecture on Legal Education by Archer, Dennis W. (2004) - We need more aggressive minority recruiting in law schools, and then we need to address the reasons why 10% of those minority students who are accepted into law school never matriculate, and 20% of those who actually do enroll drop out without finishing. The ABA's position is that law schools should demonstrate commitment to providing full opportunities for the study of law and entry into the profession by qualified members of groups, notably ethnic and racial minorities, which have been victims of discrimination in various forms. Keywords: aba; color; law; profession; school; students
• Federalism Re-Constructed: The Eleventh Amendment's Illogical Impact on Congress' Power by McCormick, Marcia L. (2004) - The best indication ofthis power of language is the Court's subsequent out- of-context use ofthe language in Katzenbach in City ofBoerne to limit the power of Congress to enact Fourteenth Amendment legislation. Rather, the Court began its analysis by looking to its own prior decisions, which had upheld state laws that limited women's employment opportunities. Keywords: action; amendment; cases; congress; constitution; court; discrimination; federal; fourteenth; immunity; individuals; law; legislation; ofthe; power; rights; states; u.s
• The Place of Moral Judgment in Constitutional Interpretation by Den Otter, Ronald C (2004) - Lawrence A. Blum, Moral Perception and Particularity 51(1 994) (arguing that intellectual acceptance of and psychological commitment to particular moral principles does not guarantee that the moral agent will be able to recognize particular situations that implicate those principles). 20. Moral principles themselves may not give us an uncontested right answer in hard cases, but they still can help us exclude obviously wrong answers, thereby reducing the range ofplausible answers and setting the agenda for further moral, political, and legal deliberation. Keywords: abstract; application; argument; cases; circumstances; considerations; decision; dworkin; facts; interpretation; judge; judgment; law; note; ofthe; people; person; principles; reasoning; reasons; review; right; rules; supra; supra note; theory
• Questioning the Requirement for Written Description: Enzo Biochem v. Gen-Probe and Overly Broad Patent Cases by Davis, Paula K. (2004) - 143 Contrasting Enzo to prior cases, he noted that Enzo did not involve new matter or priority issues—the types of issues that had previously been addressed in written description requirement cases. 47 The liberal skill of the art written description requirement of Hyatt is not typically allowed in biotech patents. Keywords: biochem; cir; claims; court; description; description requirement; dna; enzo; fed; inc; invention; law; ofthe; patent; probe; requirement; sequence
• Judicial Deference and University Academic Policy Modifications: When Should Courts Intervene on Behalf of Injured Students? by Natali, Michael J. (2004) - Indeed, the academic expectations of both students and universities concerning their obligations to each other require that courts extend their willingness to depart from their deferential position and hear student academic claims. Id. at 781. 2004] UNIVERSITY ACADEMIC POLICY MODIFICATIONS 533 detrimentally-affected students deserve under circumstances where the university has unilaterally changed student academic programs or policies, and more specifically, under what circumstances the university may decide to terminate an entire college for financial reasons. Keywords: academic; cases; catalogue; change; college; contract; courts; decision; education; estoppel; grading; institution; law; modifications; nature; note; ofthe; performance; policies; policy; relationship; school; student; supra; terms; university
• How to Discriminate Against Old Lawyers: The Status of Partners, Shareholders, and Members Under the Age Discrimination in Employment Act with Addendum Discussing Clackamas Gastroenterology Associates, P. C. v. Wells by Prettyman, Peter J. (2004) - 28 Since the Act itself is not helpful in defining employee, this Note first looks to the history and purpose of the ADEA in order to fashion a workable test for employee status. The purpose of this Note is to propose a solution to the problem of defining employee under the ADEA in that context, which takes into consideration the purpose ofthe ADEA, while still allowing the courts opportunity to examine employee status based upon individual situations. Keywords: act; adea; cir; control; court; employee; firm; individual; law; management; note; partnership; shareholder; supra; test
• Front Matter by Law Review, Indiana (2004) - A.B., Juniata College; J.D., George Washington University Law School. Send all correspondence to Editorial Specialist, Indiana Law Review, Indiana University School ofLaw—Indianapolis, Lawrence W. Inlow Hall, 530 W. New York Street, Indianapolis, Indiana 46202-3225. Keywords: associate; b.a; college; indiana law; indiana university; indianapolis; j.d; law; law school; oflaw; professor; professor oflaw; review; school; university; university law; university school
• Federal Justice and Moral Reform in the United States District Court in Indiana, 1816-1869 by Geib, George; Kite, Donald (2004) - Indiana Law Review Federal Justice and Moral Reform in the United States District Court in Indiana, 1816-1869 George Geib** Donald Kite*** In November 1840, William Martin, an Indiana mail stage driver found himself standing in United States District Court, convicted of stealing a letter containing bank notes from the mail.^ District Judge Jesse Lynch Holman reviewed the evidence that convinced the jury, and then lectured the defendant upon his future prospects: The prospect before you is truly dark and dreary; yet there is a distant ray ofhope that may enlighten your path You may do much by a patient submission to the law—by a reformation of life and an upright line of conduct ... to some extent, to regain a station among honest men. The appointment stalled, however, launching Holman on a nine month political quest that extended from the summer of 1835 to the spring of 1836, took him on journeys across Indiana and to Washington, D.C., saw him seriously injured in a stagecoach accident as he crossed the Allegheny Mountains on an icy road, and included a decisive private interview with President Andrew Jackson. Keywords: clark; court; district; holman; huntington; indiana; judge; law; lincoln; ofthe; parke; reform; smith; state
• Judicial Federalism in the Southern District by Marsh, William E.; Marsh, Andrea K. (2004) - The case was one of the first so-called Northern desegregation cases brought by the Department ofJustice against school districts in which segregation was perpetuated despite being officially discarded, and it 6. 5row« 7,347 U.S. at 483. at 1205. 45. Id at 1206. 636 INDIANA LAW REVIEW [Vol. 37:629 some of school districts directly adjoining Marion County. Keywords: court; dillin; district; federal; indiana; indianapolis; judge; law; school; states; united
• The Role of Indiana's State and Federal Courts in Legislative Redistricting, 1962-2003 by Chinn, A. Scott (2004) - This is the first time the Indiana Supreme Court has defined the role ofthejudiciary when it has the map- drawing function in redistricting cases, and it stated clearly that Indiana courts must be and appear to be politically neutral and must be governed solely by the legal requirements for redistricting. The case presented several issues common to local government redistricting cases: competing plans with differential population deviations; challenges to compactness and contiguity, such as observance of precinct boundaries; and, of course, the pressure to maintain racial composition in districts against assertions of retrogression.^^ In the end, the court chose the proposed plan with the lowest population deviation which was at 3A%.^* Judge Hamilton retained jurisdiction to assist candidates and local election officials in dealing with filing deadlines, which is a critical practicality in redistricting cases decided shortly before elections.^^ III. Keywords: case; council; county; court; decision; districts; indiana; judge; law; marion; ofthe; party; plan; redistricting; state; supreme
• Three Bank Tellers Is Enough Personal Reminiscences of Legal Practice by Members of the Bench and Bar by Buchko, Suzanne M. (2004) - Starting historically with Judge Steckler, who was appointed by Truman; Judge Holder, appointed by Eisenhower; Judge Dillin Jim Voyles commented that [m]y classification of Judge Holder would be a little more earthy than Judge Steckler, and someone who . . . Keywords: attorney; bench; case; court; dillin; district; federal; holder; indiana; judge; judge holder; judge noland; judge steckler; law; memorial; noland; note; steckler; supra; supra note; symposium; time; transcript
• Dual Office Analysis: Can the Legislature Carve out Exceptions? by Zoeller, Gregory (2004) - Thus, the first office becomes vacant and a successor will need to be appointed or elected, depending on the law applicable to the office.^'* Where a person is appointed and accepts a lucrative state office and continues to hold a lucrative federal office, the state court may expel that person from state office if the person persists in holding the lucrative federal office.^^ 77. 8 Thus, even if a person is not a dual office holder, if that person is executing functions of public office in more than one state government department, that person violates the separation of powers doctrine. Keywords: article; att'y; constitution; court; duties; general; government; holding; ind; indiana; law; lucrative; n.e.2d; office; ofthe; power; public; section; state; state office
• The Constitutional and Economic Implications of a National Cap on Non-Economic Damages in Medical Malpractice Actions by Gfell, Kevin J. (2004) - The Washington Supreme Court agreed with the Lakin court on this issue and suggested that Dimick rather than Tull v. United States provided the most informative analysis on the constitutionality of non-economic damages limits.^^ Tull was a case where the Supreme Court upheld civil penalty assessments, without jury involvement, under the Clean Air Act.^^ The Sofie court distinguished Tull because it did not apply to civil damages actions, but merely applied to civil penalties under a legislatively created scheme.^^ Some federal courts have upheld state medical malpractice caps on damages over challenges to the Seventh Amendment.^^ Here again, the determination has depended upon a characterization of the jury's function. 2. Federal Law and Experience on Equal Protection Grounds.—Few decisions finding medical malpractice damages caps violated state equal protection guarantees have gone on to hold that the statute also violated the United States Constitution. '^^ Keywords: analysis; cap; caps; challenges; constitutional; court; damages; effect; indiana; insurance; jury; law; malpractice; malpractice actions; malpractice caps; malpractice damages; malpractice insurance; medical; national; non; note; premiums; process; protection; right; state; supreme; trial
• Cybermedicine: Defying and Redefining Patient Standards of Care by Reed, Julie (2004) - Id. See also Darr & Koerner, supra note 41 , at 1 9 (Physicians who never interact with patients are held to owe a duty of care to those patients if the doctor has in the past agreed to provide medical services to that class of patient.). Silverman, supra note 69, at 273 (citing public protection, prompt execution of cyber- justice, and the fact that Internet prescribing physicians are seen as outliers or mavericks, so disciplinary action would not run afoul of conservative state medical societies). Keywords: care; cybermedicine; doctor; fsmb; guidelines; health; healthcare; hereinafter; illinois; indiana; information; internet; law; medical; mydoc; new; ofthe; online; patient; physician; practice; prescribing; relationship; standard; state; supra note; telemedicine; treatment; web
• Front Matter by Law Review, Indiana (2004) - A.B., Juniata College; J.D., George Washington University Law School. LL.B., University ofIllinois College of Law; LL.M., Georgetown University Law School. Keywords: associate; b.a; b.s; college; faculty; indiana law; indiana university; indianapolis; j.d; law; law review; law school; new; oflaw; paul; professor; professor oflaw; review; university; university law; university school; years
• Indiana Constitutional Developments by Laramore, Jon (2004) - Similarly, Indiana courts have upheld special laws creating superior courts in various counties. *^^ Future decisions by Indiana courts on claims under the Indiana Constitution will determine whether this pattern continues. 460. Keywords: article; case; claim; constitution; county; court; dickson; general; ind; indiana; indiana law; justice; law; majority; mat; medicaid; n.e.2d; ofthe; right; section; state; statute; supreme; supreme court; tax
• Recent Developments in Indiana Contract Law by Ogden, Timothy A. (2004) - The court in New Welton stated, Since we have applied the discovery rule to breach of contract cases where the statute of limitations operates to foreclose untimely claims, then it follows that the discovery rule should also be applied to breach ofcontract cases where the parties have shortened by contract the time within which suit may be brought and the time of breach is not fixed or readily ascertainable. '^* Although the benefit of the bargain rule is traditionally used to measure damages in breach of contract cases, it is also used to measure damages in fraudulent inducement cases because fraudulent inducement is a 'hybrid' of tort and contract. Keywords: agreement; app; appeals; case; code; contract; court; goods; inc; ind; indiana; law; n.e.2d; parties; sale; statute; title; trial
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M. (2004) - In his view, the Eighth Amendment, under Atkins, presents Indiana courts with a binary decision: either Allen is or is not mentally retarded. SCHUMM* Issues ofcriminal law and procedure always consume considerable time and energy in the General Assembly and Indiana appellate courts. Keywords: appeal; appellate; conviction; court; ind; indiana; law; n.e.2d; review; sentence; sentencing; state; supreme; trial
• Survey of Employment Law Developments for Indiana Practitioners by McLaughlin, Alan L; Melton, Teresa L. (2004) - [Vol. 37:1025 Sixth Circuit Court ofAppeals interpreted the ADEA to provide a cause ofaction for employees in the protected age group who claim their employer discriminated against them by providing more favorable treatment to older employees also within the protected group.^ B. Are Racial Harassment and Termination Claims Under § 1981 Subject to the Four'Year Finally, a unanimous United States Supreme Court decided the treating physician rule, which gives deference to the determination of an employee's treating physician over other examining doctors (namely, an employer's doctor), has no place in Employee Retirement Income Security Act (ERISA) benefits plans.^ This Article analyzes many of the more notable Supreme Court decisions applicable to the area ofemployment law, including the University of Michigan affirmative action decisions and those mentioned above. Keywords: act; ada; case; circuit; court; disability; discrimination; employee; employers; employment; erisa; evidence; indiana; law; plan; review; sex; state; supreme; supreme court; work
• Environmental Law Developments: Hope and Ambiguity in Achieving the Optimum Environment by Plews, George M.; Maron, Donna C. (2004) - In the past year, Indiana courts turned attention to the air and to wetlands. A host of Indiana trial courts have applied these principles to a wide range of claims and costs. Keywords: app; claims; co.; construction; court; coverage; decision; environmental; federal; idem; indiana; insurance; insurer; issue; law; liability; n.e.2d; new; nsr; ofthe; policies; policy; policyholder; psd; review; rules; sigeco; usepa
• Recent Developments in Indiana Evidence Law by Papa, Jeff (2004) - The court did state that this is not the equivalent of allowing testimony at trial and cautioned that in future cases, trial courts would be well advised to fully consider alternative procedures by which an incarcerated parent could meaningfully participate in the termination hearing when the parent cannot be physically present. ^^^ In a footnote, however, the court noted decisions holding that trial courts are required to conduct their own inquiry,^^^ that the enactment of Indiana Evidence Rule 601 did not affect previous Indiana decisions regarding the competence of children to testify,^^^ and holding that Rule 601 requires a trial court to make an inquiry into competency of a child witness. Keywords: app; case; court; evidence; expert; ind; indiana; law; n.e.2d; ofthe; rule; state; statements; testimony; trial court; victim; witness
• Survey of Developments in Indiana Family Law by Ruppert, Michael G.; Schaefer, Paula J. (2004) - Trial courts are given broad discretion in selecting the valuation date for a marital asset. A better public policy is to encourage parents to stay current on their child support obligations and to follow the court's order until that order is modified; we should not encourage parents to violate court orders out of concern that they will be unable to receive credit for the excess money they 147. Keywords: app; child; child support; court; father; husband; ind; indiana; law; marriage; mother; n.e.2d; parent; parties; support; trial court
• Survey of Recent Developments in Health Care Law by Render, John C.; Cooper, Neal A. (2004) - 2004] HEALTH CARE LAW 1179 a particularly notable consent order because it represents the first FTC action alleging charges that a PHO engaged in price fixing or anticompetitive collusive conduct in the provision of hospital services in addition to physician services. In addition, standard one requires the hospital to measure, analyze, and track quality indicators, such as adverse patient events, and other aspects ofperformance that assess processes of care, hospital service, and operations. Keywords: act; care; certification; claims; consent; court; david; fca; fed; ftc; government; health; health care; hospital; improvement; inc; indiana; law; medical; medicare; ofthe; oig; order; patient; payment; physicians; program; provider; quality; reg; rel; review; rule; services; states; united
• Recent Developments in Intellectual Property Law by Brown, Christopher A. (2004) - The court also found that the incontestibility of Honeywell's registration was not a factor, even under the half-hearted argument that invalidating Honeywell's rights amounted to an unconstitutional taking of property.^^ D. Analysis The Eco case, in this commentator's view, interprets properly the Supreme Court's TrafFix and related opinions, and with TrafFix provides a clear roadmap for several of the issues faced in litigating trade dress cases. Although not apparently necessary to the holding in the case, the Court also noted, based on an analysis of a prior case for infringement of the Sarkisian patents brought by MDI against a third party, that the accused TrafFix goods would have infringed the Sarkisian patents.^' The Court's analysis began with a recognition that the Lanham Act may afford protection to distinctive product packaging or design.^^ Such trade dress enjoys the same shelter from uses by others that tend to cause confusion as to origin, sponsorship or approval of the goods as trademarks used with such products.^^ The Lanham Act explicitly places the burden on the one claiming trade dress rights to prove the assertedly protected features non-functional.^^ Indeed, the Court's Wal-Mart opinion (noted above) Keywords: court; design; dress; inc; indiana; law; patent; product; registration; section; trade; trademark
• Survey of Recent Developments in Product Liability Law by Alberts, Joseph R.; Bria, Jason K. (2004) - Moreover, the Indiana Supreme Court in Mcintosh v. Melroe Co.,'^^ has held that application of the statute of repose does not violate article I, sections 12 or 23 of the Indiana Constitution.'^^ Product liability cases involving asbestos products are unique in several ways, including the manner by which the Indiana General Assembly chose to handle the repose period that applies to them. His theories of liability against Daniels included product liability, negligence and nuisance. Keywords: app; asbestos; case; code section; consumer; court; design; inc; indiana code; injury; ipla; law; liability; majority; manufacturer; n.e.2d; ofthe; plaintiffs; product; product liability; seller; sump; user; vaughn
• We Just Saw It from a Different Point of View: Recent Developments in Indiana Real Property Law by Marsh, Tanya D. (2004) - The Auditor appealed.^^^ The court of appeals noted that Indiana appellate courts have recognized that the doctrine oi caveat emptor applies to tax sales in its fullest force, that is, a purchaser at a tax sale buys at his own risk. In part, the majority noted that the decision to grant specific performance is within the discretion of the trial court and that such judgments ofthe trial court are to be given deference because specific performance is a remedy that sounds in equity.^ Keywords: app; appeals; commission; contract; county; court; estate; indiana; indiana law; land; law; n.e.2d; notice; ofthe; performance; property; property law; remedy; trial court; use; zoning
• Recent Developments in Indiana Taxation by Jegen III, Lawrence A. (2004) - Next, Grand Victoria asserts that the transfer of the riverboat from Grand Victoria II to Grand Victoria as a capital contribution of the merger was not subject to Indiana sales tax because the transfer occurred without consideration and therefore could not be considered selling atretail. Future articles will cover Indiana Tax developments for the calendar period from January 1, of the year before the last taxable year, to December 31, of the last taxable year when looking back from the year in which the article is published. Keywords: assembly; claim; county; county board; department; eff; evidence; form; general; income tax; indiana; indiana board; indiana code; indiana department; indiana tax; jan; july; land; law; n.e.2d; ofthe; property tax; review; sales tax; section; state board; tax appeal; tax assessment; tax court; tax credit; tax ct; tax year; taxpayer; use; year
• Recent Developments in Indiana Tort Law by Troendle Greer, Marie; Silcox, Jodi L. (2004) - Indiana appellate courts were called upon not only to re-examine long-standingjudicial precedent but also to address issues of first impression. '^° The United States Supreme Court has held that some forms of affidavit that would be inadmissible at trial may be considered at the summary judgment stage. '^' Federal courts have also held that not considering a deceased's affidavit at the summaryj udgment stage confuses the issue by reading a cross-examination requirement into Rule 56 that is not there.' Keywords: appeals; booth; claim; code; court; coverage; damages; dog; duty; indiana; indiana court; judgment; law; medical; motorist; n.e.2d; ofthe; plaintiff; section; state; statute; summary; supreme court; trial court
• Front Matter by Law Review, Indiana (2005) - A.B., Juniata College; J.D., George Washington University Law School. LL.B., University of Illinois College of Law; LL.M., Georgetown University Law School. Keywords: associate; b.a; b.s; college; director; indiana law; indiana university; indianapolis; j.d; law; law school; oflaw; professor; university; university law; university school
• Government Power Unleashed: Using Eminent Domain to Acquire a Public Utility or Other Ongoing Enterprise by Ross Saxer, Shelley (2005) - Eminent domain power was delegated to allow the corporate railroads to obtain rail beds for the establishment of a railroad.^^^ Thus private companies may possess eminent domain power through legislative delegation to condemn private property for a use that benefits the public. The impetus for this Article was the City of Corona's exercise of eminent domain power to acquire Southern California Edison in order to provide less expensive rates and more reliable electricity service to residents. Keywords: acquire; authority; california; city; co.; condemnation; court; domain; domain power; electric; electricity; eminent; energy; government; government power; law; legislature; market; municipality; new; note; oakland; ownership; power; property; public; regulatory; rev; right; state; supra; supra note; system; use; utilities; utility; water
• National Ingratitude: The Egregious Deficiencies of the United States' Housing Programs for Veterans and the "Public Scandal" of Veterans' Homelessness by Wagman Roisman, Florence (2005) - Part of the influence on the Administration with respect to housing programs came from the National Resources Planning Board (NRPB), chaired by FDR's uncle, Frederic Delano, and charged by FDR in November 1940 to develop national social and economic policies for the postwar period. The Korean War also slowed down the implementation of pubHc housing.^^^ Thus, when the WET/TWE bill became law, it proved entirely inadequate to provide for lower-income and other veterans who needed a subsidized rental 148. Keywords: act; administration; american; assistance; benefits; bill; congress; dva; estate; federal; fha; g.i; general; government; homeless; homelessness; homeownership; homes; housing; housing act; housing assistance; housing program; hud; income; indiana; ingratitude; law; legion; legislation; loans; national; need; new; non; number; people; percent; program; public; rental; report; review; rights; service; states; supra note; text; united; veterans; veterans housing; vol; war; war veterans; white; women; world
• Global Positioning System Implants: Must Consumer Privacy Be Lost in Order for People to Be Found? by Edmundson, Kristen E. (2005) - Thirdly, the Note analyzes the existing privacy torts and legislation that address location information privacy, interception of electronic communications, and privacy on the Internet to 1 . As Enhanced 911 cell phones have shown, location information providers have realized that the information they are collecting is valuable to third parties, '^^ and, as a result, personal location information can end up in the hands ofmarketers and businesses—contrary to the expectations of consumers. Keywords: act; court; cpni; customer; device; digital; fcc; gps; gps implants; implant; information; law; legislation; location; location information; opt; privacy; protection; providers; public; service; technology; telecommunications; use; wireless
• The Day the Music Died: The RIAA Sues Its Consumers by Humes, Andrew C. (2005) - THE DAY THE MUSIC DffiD 245 B. Napster—Court ofAppeals The court of appeals agreed with the district court that the plaintiffs would likely succeed in showing that Napster users did not have a valid fair use defense, and that Napster was a contributory^^ and vicarious infringer.^^ ^^ Additionally, the court held that Napster users did not have a valid defense under the Audio Home Recording Act (AHRA).^^ The AHRA was created primarily to protect consumers. Keywords: audio; computer; copyright; court; device; diamond; file; inc; industry; internet; law; music; napster; note; peer; recording; riaa; use; users
• The End of Time for Equal Time?: Revealing the Statutory Myth of Fair Election Coverage by Kramer Ricchiuto, Anne (2005) - However, in 1959, in response to an FCC ruling that candidate appearances on news programs would trigger the equal time requirements of the Act,^ Congress created four explicit exemptions from equal time for news-oriented broadcasts focusing on political candidates. Rec. 14,451 (1959) (remarks of Sen. Holland); see id. at 1493-94 (discussing constitutional challenges to reasonable access and equal time and concluding that neither threaten so substantial a chill on political speech as to warrant invalidation, but that the availability of electronic media has diminished the compelling need for equal time) (emphasis added). 8. Keywords: act; bona; broadcasters; candidates; coverage; doctrine; election; fcc; fide; inc; law; media; news; note; program; public; rule; station; supra; television; time; use
• Front Matter by Law Review, Indiana (2005) - A.B., Juniata College; J.D., George Washington University Law School. LL.B., University of Illinois College of Law; LL.M., Georgetown University Law School. Keywords: associate; b.a; college; director; indiana law; indiana university; indianapolis; j.d; law; law school; oflaw; professor; review; school; state; university; university law; university school
• Where Ethics Merge With Substantive Law—an Analysis of Tax Motivated Transactions by Delaney, James M. (2005) - Further, the § 6662A penalty provisions, applicable to taxpayers, and Circular 230, applicable to practitioners, create a symbiotic relationship between taxpayers who seek to engage in tax shelter transactions and practitioners who seek to advise and opine upon such transactions. [Vol. 38:295 promoters and taxpayers to engage in tax motivated transactions. Keywords: business; court; facts; irs; kpmg; law; new; opinion; penalties; penalty; purpose; sham; substance; tax; tax advisor; tax benefits; tax court; tax law; tax opinion; tax shelter; taxpayer; transaction
• Introduction: Evaluating State Government Designs of Executive Branch Adjudication by Baker, Cynthia A. (2005) - Administrative Law Judge and Director of the Commercial, Licensing, and Regulatory Services Division, Bureau of Hearings, Michigan. 24. 1 153, 1 188 (2002) (discussing an enterprise as enormous as the national government, and noting that [t]he administrative state is heavily balkanized, with largely independent institutions engaged in independent tasks); Thomas E. Ewing, Oregon's Office of Administrative Hearings: A Postscript, 24 Nat'l A. ADMIN. Keywords: administrative; government; indiana; law; program; state
• Some Questions to Consider Before Indiana Creates a Centralized Office of Administrative Hearings by Sullivan Jr., Frank (2005) - To date, twenty-six states have established administrative central panels. Professors Flanagan and Rossi have both documented the growing trend to restrict or eliminate agency review of central panel ALJ decisions. Keywords: administrative; agency; alj; branch; decisions; executive; judges; law; note; panels; review
• An Update on Developments in Central Panels and ALJ Final Order Authority by Flanagan, James F. (2005) - Some commentators have noted the trend toward restricting agency review. Data from an extensive study in North Carolina indicates that agency review is not being abused, nor will ALJ finality cure litigant dissatisfaction.^ Finally, proposals have been advanced to address some of the adverse consequences of ALJ finality. Keywords: adjudication; administrative; agencies; agency; agency decision; agency review; alj; alj finality; aljs; ann; authority; cases; central; court; decision; law; law review; note; office; panel; policy; review; state; supra
• Executive Branch Adjudications in Public Safety Laws: Assessing the Costs and Identifying the Benefits of ALJ Utilization in Public Safety Legislation by McNeil, Christopher B. (2005) - Rather than having one key person to go to—the Chief Administrative Law Judge of a central panel—the governor must rely on the effectiveness of any number of different approaches taken by state agencies when hiring and using administrative hearing examiners. Under this approach, the agency solicits invitations to qualified persons—either lawyers or not—to serve as agency adjudicators either on a case by case basis, or on a regular, repeating basis. Keywords: act; adjudication; adjudicators; administrative; agency; alj; aljs; branch; branch adjudication; central; court; decision; executive; fact; government; health; hearing; judicial; law; need; policy; power; process; public; review; safety; state; threats; use
• Voluntary Acknowledgments of Paternity: Should Biology Play a Role in Determining Who Can Be a Legal Father? by Morse Cacioppo, Jayna (2005) - As noted above, there is no clear explanation of what this means in the law and it is not clear whether Title FV-D extends the ability to execute paternity acknowledgments to non-biological fathers. Those in favor of the social policy of establishing paternity only in biological fathers would find the current practice to be a failure in that non-biological fathers seemingly have the same access to paternity acknowledgments. Keywords: acknowledgment; act; affidavit; child; child support; court; father; law; man; parentage; paternity; paternity acknowledgment; state; support; title; upa
• Ancient Lights in Wrigleyville: An Argument for the Unobstructed View of a National Pastime by Unger, Stephen Christopher (2005) - A View Historically Distinguished.—While English courts recognized common law rights in light and air under the ancient lights doctrine, view rights were rejected well before American jurisdictions considered the issue. Today, light, air, and view rights have been notoriously meshed to lead many to believe that they are inseparably connected. Keywords: ^^^; aesthetic; air; american; courts; historic; interest; land; law; light; need; note; nuisance; policy; preservation; property; public; rights; supra; supra note; use; view
• Front Matter by Law Review, Indiana (2005) - Ptyhion Nomikis, Athens University School of Law; LL.M., S.J.D., Harvard Law School. i^WVCEY^.Growe, Associate Dean, Professor ofLaw, andDirector, China SummerProgram. A.B., Juniata College; J.D., George Washington University Law School. LL.B., University of Illinois College of Law; LL.M., Georgetown University Law School. Keywords: associate; b.a; b.s; college; director; indiana law; indiana university; indianapolis; j.d; law; law school; oflaw; professor; review; university; university law; university school
• Tribute to James W. Torke Carl M. Gray Professor of Law by Grove, Jeffrey W. (2005) - In 2004-05 approximately 47% oflaw faculties were composed of women, and racial minorities now comprise 16% of law faculties nationwide. ^^ As law schools have sought greater integration with the universities of which most are a part, faculty scholarship has burgeoned, with increased emphasis on interdisciplinary research and empirical methodologies. Keywords: aba; bar; faculty; indiana; jim; law; rev; review; rule; school; time; torke; university; years
• The Law and Economics of Development and Environment: An Introduction to the Symposium by Cole, Daniel H. (2005) - Professor Guruswamy's analysis suggests that no answer to this question is currently available because ofthe absence of a coherent institutional (that is, international legal) framework in which to resolve the tension between growing energy demand for development and the need to reduce environmental problems associated with fossil-fuels. Their contributions, the final versions of which are presented in this symposium issue of the Indiana Law Review, enhance substantially our understanding of the combined legal, economic, political, and environmental problems developing countries face, and point the way towards possible solutions. Keywords: countries; development; economic; environmental; law; ldcs
• Culture and History Count: Choosing Environmental Tools to Fit Available Institutions and Experience by Greenspan Bell, Ruth (2005) - It is generally agreed that any effort to become effective environmental regulators normally begins with the development of environmental laws, and as a result, India, for example, has an independent supreme court that has on 2005] CHOOSING ENVIRONMENTAL TOOLS 643 occasion forced government agencies and individuals to implement environmental laws and policies. Keywords: china; compliance; control; countries; culture; developing; emissions; enforcement; enterprises; environmental; example; experience; goals; government; industry; law; laws; market; people; pollution; rights; society; states; system; tools; trading; united; world
• Sustainable Energy: A Preliminary Framework by Guruswamy, Lakshman (2005) - However, such demand may be reduced through technological advancements in petroleum product usage such as hybrid-powered automobiles and the substitution of new energy source technologies, such as hydrogen-fed fuel cells. ^^ [Vol. 38:67 1 hurdles) in deploying technology and attracting investment.^^ Deployment refers to the commercial adoption, market viability, penetration, and societal acceptance of renewable energy technologies. Keywords: climate; countries; demand; development; energy; hydrogen; law; oil; petroleum; power; research; review; sources; technologies; technology; treaty; world
• Testing the States' Rights Second Amendment for Content: A Showdown Between Federal Environmental Closure of Firing Ranges and Protective State Legislation by Johnson, Nicholas J. (2005) - Because we are generalizing about state laws that are not uniform, there is disagreement at the margins about precisely how to characterize every state. Because state laws are not uniform there is disagreement about their impact. Keywords: alabama; amendment; arms; cir; citizens; cmp; court; environmental; epa; federal; gun; individual; law; lead; legislation; militia; miller; noise; note; nuisance; range; rcra; rights; second; shall; shooting; srsa; states; supra; united; united states; view; waste
• Can Federal Regulations Ever Create Federal Rights Privately Enforceable Under Section 1983? by Campbell, Andrew L. (2005) - Like the Eleventh Circuit, therefore, the South Camden court concluded that a regulation promulgated pursuant to a statute that does not itself confer a federal right, or a regulation that portends to create an entitlement through extra-statutory interpretation, cannot create enforceable federal rights remedied through § 1983.^^^ Thus, the Ninth Circuit synthesized Sandoval's holding that only Congress can create implied rights of action with Gonzaga'^ conclusion that § 1983 and implied rights of action remedies are both predicated on the creation of enforceable federal rights, to conclude that only Congress, and not agencies through regulation, can create rights enforceable through § 1983.'^' In her partial dissent. Keywords: action; congress; court; federal; justice; language; law; laws; note; regulations; rights; state; statute; supra; u.s; valley
• Front Matter by Law Review, Indiana (2005) - iEYFREVW.Gkowe, AssociateDean, Professor ofLaw, andDirector, China SummerProgram. A.B., Juniata College; J.D., George Washington University Law School. B.S., Ball State University; J.D., Indiana University School ofLaw—Indianapolis. Keywords: associate; b.a; b.s; college; indiana university; indianapolis; j.d; law; law school; oflaw; professor; professor oflaw; review; university; university law; university school
• Jury Trials Aren't What They Used to Be by Shepard, Randall T. (2005) - On the other hand, Mark Twain once wrote, [t]he jury system puts a ban upon intelligence and honesty, and a premium upon ignorance, stupidity, and perjury. Emerging from earlier Prankish legal traditions, juries and jury trials, although fairly unrecognizable to modem eyes, had become common in England by the end of the twelfth century.^ Only about 300 year later, in the middle of the fifteenth century, the English jury trial had come to possess a basic form that we would recognize today.^ That basic form, and the ftirther refinements made over the course of the intervening years, accompanied the early English colonists to the North American continent and integrated into the colonial governments.^ Despite wide variations in its application, by the start of the Revolutionary War, jury trials in both civil and criminal cases had become an important right to citizens throughout the colonies.^ Indeed, among the numerous and weighty grievances against King George III listed in the Declaration of Independence was the complaint that he deprive[ed] us, in many cases, of the Benefits of Trial by Jury.' Having won the war for independence, the Founders sought to protect the fruits oftheir labor, among other things, the right to a jury trial. Keywords: court; indiana; jurors; jury; law; note; ofthe; rule; state; system; trial
• Appellate Procedure by Smith, Kevin S. (2005) - Johnson v. Parkview Health Sys., Inc., 801 N.E.2d 1281, 1287-88 (Ind. Ct. App.), trans, denied, 812 N.E.2d 804 (Ind. 2004) (claim under Medical Malpractice Act waived on appeal when only theory ofrecovery advanced in trial court was under Child Wrongful Death Statute). Under the invited error doctrine, an appellate court will not review trial court error the party asserting the error has committed, invited, or that was the natural consequence ofhis own neglect or misconduct. 132. Keywords: app; appeal; appellant; appellate; argument; case; counsel; court; ind; indiana; judgment; law; motion; n.e.2d; order; procedure; review; rule; state; supreme; supreme court; trans; trial court
• Recent Developments in Indiana Civil Procedure by Dorelli, Michael A. (2005) - While Indiana courts have held that failure to technically comply with the trial rules will not defeat a trial court's jurisdiction so long as a party substantially complies with the trial rules,^^^ the court noted that in this case, there was no attempt whatsoever to comply with [Rule] 4. 1 (B).^^^ Thus, Swiggett implies that had the plaintiff therein at least attempted to comply with Rule 4. 1 (B) by mailing the pleadings to the defendant's last known address. The court began its discussion by outlining the two-step analysis followed by Indiana courts under the state's long-arm statute: 138. Keywords: ^^^; action; app; arbitration; case; claim; contract; court; defendant; ind; indiana; indiana court; indiana trial; issue; judgment; jurisdiction; law; mat; motion; n.e.2d; ofthe; order; party; plaintiff; rule; supreme court; trial court; trial rule
• Indiana Constitutional Developments by Laramore, Jon (2005) - The court ruled that Indiana courts consistently had followed the 1952 supreme court ruling in Corbridge, limiting imprisonment for contempt for nonpajnnent of child support to situations in which the children were unemancipated.'^^ ^^^ The Vandergriffcourt also looked at whether any statutory or common law double jeopardy rules were violated, applying an interesting gloss on relevant supreme court precedents. Keywords: acting; amendment; app; article; case; constitution; court; disability; duties; governor; ind; indiana; law; lieutenant governor; mat; n.e.2d; provision; section; state; statute; subsection; supreme; supreme court
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M. (2005) - This is consistent with the approach Indiana courts had taken with respect to Apprendi since 2000. ^^^ A change of venue is provided for generally by Criminal Rule 12, and a criminal statute further allows trial courts the option of drawing a jury from another county in murder and Class A felony cases. Keywords: ^^^; app; blakely; cases; code; court; defendant; ind; indiana; jury; law; mat; n.e.2d; ofthe; review; rule; sentence; sentencing; state; supreme court; trial; trial court
• Environmental Law Developments: A Focus on Brownfields—Overcoming Historical Environmental Problems by Plews, George M.; Featherstun, Jeffrey D. (2005) - However, it ought to have no impact upon state law claims under the Indiana Environmental Legal Action Statute (lELA).^^ While Indiana courts have generally applied case law construing the provisions ofCERCLA to this statute, the during or following any civil action provision at issue in Aviall has no paralkl in the fediana statute. That same decision ofthe Indiana Court ofAppeals also found that such insurance applies to the liability of a corporate successor. Keywords: action; bend; brownfields; city; code; corporation; court; dissolution; environmental; inc; indiana; insurance; insurers; law; liability; n.e.2d; policy; section; statute; studebaker
• Recent Developments: Indiana Family Law by Ruppert, Michael G.; Ruppert, Joseph W. (2005) - The latter increase is the result of the benefit's mere existence and is divisible as marital property.^^ The court went on to hold that trial courts should choose a date between the final separation and the final hearing for purposes of valuing the retirement benefit and, based on the date and the evidence of record, assign a value after subtracting any contribution after the date of final separation.^^ Beike v. Beike^^ dealt with a former Husband's motion for relief from the dissolution decree due to a decline in the value of his pension benefits. After a hearing, trial court granted the petition and custody was established in Father. Keywords: app; case; child; child support; code; court; custody; father; husband; indiana code; indiana court; law; mother; n.e.2d; order; property; section; trial court
• Survey of Recent Developments in Health Care Law by Render, John C.; Pratt, Steven H. (2005) - ICHIA is funded in part by assessments or carrier, health maintenance organizations, limited service health maintenance organizations, and self-insurers providing health insurance or health care services in Indiana. That is, if there is only one act but two injuries, there can only be one occurrence and health care provider payment; if there are two acts but only one injury, there can only be one occurrence and health care provider payment; if there are two distinct acts and two distinct injuries, there can be two occurrences and health care provider payments. Keywords: act; arbitration; bonus; care; contract; court; exception; golub; group; health; highhouse; hospital; indiana; law; medical; ofthe; patient; phase; physician; regulations; services; state; statute
• Recent Developments in Intellectual Property Law by Brown, Christopher A. (2005) - The order granting rehearing explained that the court's intention is to resolve issues concerning the construction of patent claims raised in the previous majority and dissenting opinions. Is the public notice function of patent claims better served by referencing primarily to technical and general purpose dictionaries and similar sources to interpret a claim term or by looking primarily to the patentee's use of the term in the specification? Keywords: appeals; application; board; c.f.r; case; claim; court; fed; interference; law; matter; patent; practice; rules; specification
• Survey of Recent Developments in Indiana Product by Alberts, Joseph R. (2005) - [I]n an action based on an alleged design defect in the product or based on an alleged failure to provide adequate warnings or instructions regarding the use of the product, the party making the claim must establish that the manufacturer or seller failed to exercise reasonable care under the circumstances in designing the product or in providing the warnings or instructions.^^ Indiana courts and commentators routinely have recognized that the post- 1995 IPLA imposes a negligence standard in design and warnings cases, while retaining strict liability (liability despite the exercise ofall reasonable care) for manufacturing defect cases.^^ With respect to the theory of inadvertent unlatch, the trial court observed that there are no reported publications, no reported experiments or testing demonstrating that inadvertent unlatch as claimed by Lytic occurs in the real world.''' After an excellent discussion about the gatekeeping function performed by Indiana courts under Rule 702 ofthe Indiana Rules ofEvidence,^'^ Keywords: baker; case; code section; court; defect; design; evidence; guess; harm; indiana; indiana code; indiana court; indiana law; ipla; issue; law; liability; machine; manufacturer; n.e.2d; ofthe; product; product liability; risk; section; seller; theory; user
• Let the Seller Beware: The Slow Demise of Caveat Emptor in Real Property Transactions and Other Recent Developments in Indiana Real Property Law by Marsh, Tanya D.; Solloway, Robert G. (2005) - The seller in this case argued that the lack of the phrase more or less in relation to the description ofthe acreage ofthe property in the agreement took the agreement out of the in gross category and put it on a per acre basis. Code § 32-21-5-7(3). 2005] PROPERTY LAW 1 32 1 glean from the foregoing that there are different types ofrepresentations, one that is for disclosure purposes, and perhaps one for general or some other purposes. Keywords: appeals; buyer; court; disclosure; estate; form; ind; indiana; law; mortgage; n.e.2d; ofthe; property; real; seller; trial court
• Recent Developments in Indiana Taxation by Jegen III, Lawrence A.; Brown, Adam J. (2005) - This section highlights the majority of the General Assembly's changes from 2004 in the areas of corporate tax, sales tax, inheritance tax, and property tax. Also, the General Assembly passed legislation authorizing a religious institution to retroactively file for a property tax exemption on real property for property taxes payable in 2001 and 2002 if the organization[:] (1) acquired the property in 1 999; (2) the property was exempt from property tax in 2000; and, (3) the organization failed to file the required exemption application for 2001 and 2002 taxes. Keywords: ^^^; assembly; board; code; county; department; exemption; general; income; ind; indiana; land; law; legislation; mat; n.e.2d; ofthe; property; property tax; sales; state; tax; tax court; taxpayer; use
• Recent Developments in Indiana Tort Law by Strain, Jana K.; Nemeth, Carol A. (2005) - Prior to 1991, Indiana courts adhered to the impact rule in claims for negligent infliction of emotional distress.^^ Accepting the certification, the court concluded that a true conflict exists between the two jurisdictions because D.C.'s choice-of-law rules permit depegage and Indiana's do not.^^^ Indiana courts apply the lex loci delecti rule, applying the law ofthe state in which the tort was committed. Keywords: ^^^; action; app; appeals; care; case; claim; class; court; damages; duty; employee; ind; indiana; indiana court; indiana law; injury; law; malpractice; mat; n.e.2d; ofthe; rule; supreme court
• Front Matter by Law Review, Indiana (2005) - A.B., Juniata College; J.D., George Washington University Law School. A.B., University of Iowa; J.D., LL.M., George Washington University Law School. Keywords: associate; b.a; b.s; college; indiana university; indianapolis; j.d; law; law school; oflaw; professor; professor oflaw; review; university; university law; university school
• Ties that Bind and Restraints on Lawyer Competition: Restrictive Covenants as Conditions to the Payments of Retirement Benefits by Hillman, Robert W. (2005) - The Parameters of Retirement Because the ethics codes explicitly exempt retirement benefit payments from the general ban on restrictive covenants, considerable importance attaches to the rather straightforward inquiry of what, exactly, does retirement mean? Given the complexity oftracing the source ofa payment to a departed partner and the need to develop a standard with some predictive value, it may be desirable to define and protect from forfeiture a limited but easily determined type of retirement benefit payment that represents a return of quantifiable contributions previously made by the partner. Keywords: benefits; competition; ethics; exception; firm; law; partner; partnership; payments; retirement; retirement benefits; withdrawal
• The Supreme Court, Rule 10b-5 and the Federalization of Corporate Law by Loewenstein, Mark J. (2005) - Individually, the encroachment ofthe modern cases is insignificant; collectively, they fit neatly into a pattern of Supreme Court cases that stretches back to the New Deal era and is unbroken by the decisions in Lopez and Morrison™ One might ask, what of this? The notion that federalism is merely a mask for policy preference and not a real concern in securities law cases was the focus of an article written some twenty years ago by Professor Anderson. Keywords: act; action; bank; cases; commerce; congress; court; damages; decision; federal; federalism; holding; inc; insider; law; laws; ofthe; rev; rule; section; securities; state; state law; statute; supreme; trading; u.s; united
• Overwork and Overtime by Lung, Shirley (2005) - The Act neither limits the length ofthe workday or week through caps, nor regulates the number of overtime hours that a worker can be forced to work. 58 There has been a long-term upward trend in overtime hours 59 that shows no sign ofreversing. Keywords: class; collar; compulsory; control; employers; families; flsa; health; hours; job; labor; law; linder; new; nurses; overtime; overtime hours; overtime work; overwork; pay; right; states; supra note; united; wage; week; work hours; work time; workers; working
• Hoosier Inhospitality: Examining Excessive Foreclosure Rates in Indiana by Heaton, Brian M. (2005) - 59 Although nonjudicial foreclosures are completed without court intervention, they are still included in the calculation of state foreclosure rates. Part I of this Note examines the varying landscape of state foreclosure laws in the United States. Keywords: borrowers; fha; foreclosure; foreclosure rates; homeownership; housing; indiana; insurance; law; laws; lenders; mortgage; note; ofthe; property; rates; sale; states; supra; time
• Front Matter by Law Review, Indiana (2006) - A.B., Juniata College; J.D., George Washington University Law School. A.B., University of Iowa; J.D., LL.M., George Washington University Law School. Keywords: associate; b.a; b.s; college; director; indiana law; indiana university; indianapolis; j.d; law; law school; oflaw; professor; review; university; university law; university school
• Supporting the Supporting Organization: The Potential and Exploitation of 509(a)(3) Charities by DiRusso, Alyssa A. (2006) - Donors who establish supporting organizations may retain inappropriate levels of control over the assets they contribute, hoard funds within the organization rather than actually using them to accomplish a charitable benefit, or engage in abusive financial transactions with their supporting organization. Benefits of Supporting Organizations 227 A. Benefits to Donors 227 B. Benefits to Charities 229 C. Promoting Supporting Organizations Too Hard 230 rv. Keywords: abuse; activities; benefit; charities; charity; control; donors; foundation; income; law; note; organization; private; public; regulations; relationship; review; rules; school; section; structure; supporting; tax; test; trust; type
• Can You Hear Me Now?: Expectations of Privacy, False Friends, and the Perils of Speaking Under the Supreme Court's Fourth Amendment Jurisprudence by Doernberg, Donald L. (2006) - Two years later, however, the Court urged abandoning the vocabulary of standing in Fourth Amendment cases in favor of the direct substantive inquiry: Not surprisingly, determining when a subjective expectation of privacy is reasonable for Fourth Amendment purposes has occasioned the most dispute. Keywords: ^^^; agent; amendment; cases; consent; conversation; court; defendant; evidence; expectation; fourth; fourth amendment; friend; government; justice; katz; law; lee; new; person; police; privacy; public; search; seizure; states v.; supra; text; u.s; united states; use; v. united; warrant; white
• Try to Vest, Try to Vest, Be Our Guest: The Vested Rights Conflict in Indiana Creates a Unique Solution for All Development by Kalachnik, Tyler J. (2006) - In fact, sometimes a single proposed development may change public policy and regulation.^^^ The proposed billboard in Pinnacle Media could have the effect of redefining vested rights rules throughout the United States because of its small, less development-intensive nature. '^ Due to this increasingly intense amount ofregulation imposed by the government and citizenry, the issue of vested rights has become more important than ever.*^ Keywords: building; construction; court; developer; development; government; indiana; investment; land; landowner; law; new; ordinance; permit; project; property; rights; rule; supra note; vesting; zoning
• Front Matter by Law Review, Indiana (2006) - A.B., Juniata College; J.D., George Washington University Law School. A.B., University of Iowa; J.D., LL.M., George Washington University Law School. Keywords: associate; b.a; college; indiana law; indiana university; indianapolis; j.d; law; law school; oflaw; professor; review; state; state university; university; university law; university school
• Introduction: The Role of Law, Lawmakers, and Citizens in Establishing Public Trust by Baker, Cynthia A. (2006) - 4 * Clinical Associate Professor ofLaw and Director, Program onLaw and State Government, Indiana University School of Law—Indianapolis. Indiana Law Review Indiana Law Review Volume 39 2006 Number 3 PROGRAM ON LAW AND STATE GOVERNMENT FELLOWSHIP SYMPOSIUM Integrity in Public Service: Living Up to the Public Trust? Introduction: The Role of Law, Lawmakers, and Citizens in Establishing Public Trust Cynthia A. Baker* Designed to challenge us to a better understanding of the relationship between law and public integrity, the 2005 Program on Law and State Government Fellowship Symposium brought together a stellar faculty from around the state and nation to discuss how laws, lawmakers, and citizens shape the ethical standards and behavior of public officials and employees. Keywords: government; law; program; public; state
• Ten Vital Virtues for American Public Lawyers by Blomquist, Robert F. (2006) - As the European state- system moved away from imperial and papal supremacy to the sovereign equality of independent territorial states interconnected by treaty and diplomatic relations, public lawyers became active as diplomats and as authorities on public international law. First, their description of [government lawyers 42—what we might amplify to encompass full-time, professional staff attorneys for public officials of federal, state, or local governmental bodies (executive, legislative, orjudicial)—takes in a broad swath ofwhat we would unanimously recognize as being public lawyers. Keywords: american; book; courage; good; government; human; indiana; interest; justice; law; lawyerly; lawyers; life; policy; professor; public; review; robert; sense; state; virtues; vital; work
• Indiana Center on Government Ethics: A Proposed Birth by Maidenberg, David H. (2006) - As director, Maidenberg coordinated training, advising and enforcing of executive branch ethics laws in Indiana state government. Campaign Finance: Perform a complete inventory of Indiana campaign finance law, practices, and perceptions. Keywords: campaign; center; ethics; examine; finance; government; government ethics; icge; indiana; issues; law; laws; public; state
• Eliminating Political Maneuvering: A Light in the Tunnel for the Government Attorney-Client Privilege by Salkin, Patricia E.; Phillips, Allyson (2006) - In addition to claiming the attorney-client privilege, where appropriate, government attorneys should assert their ethical/professional responsibilities to maintain client confidentiality as well as the work product 294. 25 Just as private practitioners would be impaired by a lack of detailed information if they could not guarantee that their client's communications would remain protected, government attorneys are hampered by the uncertainty that surrounds the application of the privilege in the public sector, leaving them unable to zealously represent their clients or to uphold the law effectively. Keywords: aba; attorney; circuit; client privilege; clients; conduct; confidentiality; context; court; disclosure; government attorney; government lawyers; house; information; jury; law; lawyer; model; product; public; rules; states; supra note; u.s; work
• The Judiciary of England and Wales and the Rule of Law. James P. White Lecture on Legal Education by Woolf of Barnes, Lord (2006) - I regard it as important that, where we can, we harmonise our legal systems, again not only with other common law jurisdictions, but also with civil jurisdictions. This is not, as is sometimes suggested, to the disadvantage of the historic links with other common law jurisdictions. Keywords: carta; court; judges; judiciary; jurisdictions; justice; law; magna; rights; rule
• A New Energy Paradigm for the Twenty-First Century: China, Russia, and America's Triangular Security Strategy by Evans, Justin W. (2006) - The report also considers Russia with respect to the United States in the context of a comparison of the applicable laws and regulations of an illustrative group of nations to determine whether a United States company would be permitted to purchase, acquire, merge, or otherwise establish a joint relationship with an entity whose primary place of business is in that nation. 158 In persuading Russian policymakers of the value of foreign investment, and in showing them the need to allay fundamental investor concerns such as property and contract rights, the United States will be promoting its own interests as well as Russia's economic well-being. Keywords: america; china; economy; energy; foreign; government; interests; investment; law; legal; nations; note; oil; petroleum; policy; power; russia; security; states; supra; u.s; united; united states; world
• The Movement to Open Juvenile Courts: Realizing the Significance of Public Discourse in First Amendment Analysis by McHenry Home, William (2006) - Part II describes the still evolving history of juvenile court proceedings. 237 In Michigan, where juvenile court proceedings have been open for nearly two decades, court rules effectively require the maintenance of two record systems. Keywords: access; amendment; cases; child; children; court; criminal; hearings; judge; justice; juvenile; law; mat; movement; new; news; note; proceedings; public; right; state; supra; supra note; system; trial; u.s
• Front Matter by Law Review, Indiana (2006) - A.B., Juniata College; J.D., George Washington University Law School. A.B., University of Iowa; J.D,, LL.M., George Washington University Law School. Keywords: associate; b.a; b.s; college; indiana law; indiana university; indianapolis; j.d; law; law school; oflaw; professor; review; state; state university; university; university law; university school
• Indiana's Place in American Court Reform: Rarely First, Occasionally Last, Frequently Early by Shepard, Randall T. (2006) - Indiana Law Review Indiana's Place in American Court Reform: Rarely First, Occasionally Last, Frequently Early* Randall T. Shepard** Where do Indiana courts stand in the larger story of reinventing America's courts? In one six-month period last year, ten of those were Indiana cases—representing issues from the death penalty to criminal sentencing to family law and consumer protection.^^ Keywords: american; court; education; indiana; judges; jury; justice; law; lawyers; legal; national; new; people; state
• Survey of Administrative Law by Wheeler Terry, Jennifer (2006) - The trial court entered summaryjudgment for the state and dismissed the employees* complaint.^^ The court first ruled that even though administrative agencies are vested with considerable discretion when implementing a statute that calls upon the agency to effectuate the legislature's will, the question of whether [the new statute] create[d] contractual rights for the Employees [was] not a question the SPD was called upon to answer in its administrative capacity . . . ^^^ G. Exhaustion ofAdministrative Remedies The number of Indiana Supreme Court decisions during the survey period with regard to exhaustion of administrative remedies was notable. Keywords: administrative; agency; app; appeals; case; commission; court; decision; ind; indiana; indiana court; law; n.e.2d; review; state; v. ind
• Recent Developments in Indiana Civil Procedure by Dorelli, Michael A. (2006) - In Pozzo Truck Center, Inc. v. Crown Beds, Inc.,^^^ however, the Indiana Court of Appeals disagreed with the court in Litmer, stating that Indiana courts will continue to apply the two-step analysis, first determining whether the conduct falls under the long-arm statute and then whether it comports with the Due Process Clause as interpreted by the United States Supreme Court and courts 105. Although Indiana courts avoid applying the [exhaustion] doctrine in a mechanical fashion, [they] recognize its strong policy rationale and adhere to it closely. Keywords: "^^; action; app; court; defendant; ind; indiana; indiana court; judgment; law; motion; n.e.2d; party; plaintiff; rule; trial court
• Indiana Constitutional Developments: Laches, Sentences, and Privacy by Laramore, Jon (2006) - Indiana courts thus have authority to issue advisory opinions (such as the one in this case). No statute precluded such an additional hearing, and trial courts have the inherent authority to control the conduct of trials. Keywords: appeals; article; constitution; county; court; ind; indiana; indiana constitution; indiana court; indiana law; indiana supreme; jury; justice; law; mat; n.e.2d; police; right; search; section; state; statute; supreme court; tax; trial court
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M. (2006) - and Indiana courts have long held that a single aggravating circumstance is or may be sufficient to uphold an enhanced, or even a maximum, sentence. '^^ ^^^ Finally, apart from these legal and constitutional concerns, there are significant practical questions at issue that could greatly alter the future of plea practice in Indiana courts. Keywords: app; appeals; court; defendant; ind; indiana; law; n.e.2d; plea; sentence; sentencing; state; supreme; supreme court; trial; trial court; years
• Recent Developments in Employment Law by Pope, Lucetta D. (2006) - Employee plaintiffs fared only slightly better in the private arena, arguably winning their most significant victory in Burgess v. E.L.C. Electric, Inc?^^ Matthew Burgess and other employees sued their public contractor employer 380. Thus, Seventh Circuit courts will find pretext where the proffered reason is insufficient, of itself, to explain the employer's conduct.^^^ And to the degree the inferential force of the prima facie case survives a defendant's articulation of legitimate reasons, that case may suggest pretext as well.^^^ Whetherjustifiably or not. Keywords: "^^; ^^^; act; age; case; cir; circuit; claims; court; discrimination; eeoc; employee; employment; evidence; harassment; indiana; judge; judgment; law; mat; plaintiff; retaliation; review; sex; supreme; time; title; u.s; work
• Recent Developments: Indiana Family Law by Ruppert, Joseph W.; Ruppert, Michael G. (2006) - Indiana courts have referred to asset distribution as a two-step process, involving a determination of the marital estate and its division.^ The definition of a family law arbitrator includes attorneys certified as family law specialists, qualified private judges, former commissioners and magistrates of Indiana courts of record, and attorneys registered as domestic mediators. Keywords: app; child; child support; code; custody; dissolution; father; husband; ind; indiana; law; marital; marriage; mother; n.e.2d; order; parent; parties; supreme court; time; trial court; wife
• Survey of Recent Developments in Health Law by Miller, Ice (2006) - In addition, an otherwise eligible individual may also enroll or disenroll during mid-year special enrollment periods such as when the individual loses other creditable prescription drug coverage, the individual mistakenly enrolled or disenroUed because of misinformation from other prescription drug plans or a Federal employee, or the individual moves out of a region covered by the prescription drug plan in which he or she is enrolled.^^ If the individual fails to apply for Part D by the end of his or her initial enrollment period for Part D and does not have other prescription drug coverage that is creditable coverage for any continuous 63 day period or longer, he or she may be subject to a late penalty paid through increased Part D premiums.^^ The higher premium is based on the number of months the individual does not have creditable coverage. Specifically, Part D plans must institute drug utilization management programs, quality assurance measures, and a medication therapy management program that targets medication use by individuals with chronic diseases who are likely to incur substantial annual drug costs due to use of multiple Part D drugs.^^ Keywords: ^^^; act; available; benefit; c.f.r; care; cms; costs; court; coverage; d plan; dentsply; drug; entity; general; health; health care; health law; hospital; indiana; individual; information; law; medical; medicare; new; organization; patient; payment; physician; plan; prescription; prescription drug; requirements; review; rule; security; services; standards; state; tax
• Recent Developments in Intellectual Property Law by Brown, Christopher A. (2006) - The Indiana appellate courts issued several decisions in trade secret cases, and the Court of Appeals for the Federal Circuit issued its en banc patent claim construction decision. Thus, there is a somewhat more comprehensive view ofthe case that was presented to the trial court than frequently is provided in trade secret cases. Keywords: business; case; court; data; electric; ind; indiana; information; law; n.e.2d; northern; secret; torma; trade
• Survey of Recent Developments in Indiana Product Liability Law by Alberts, Joseph R.; Petersen, James; Thrasher Papa, Ann L. (2006) - ^^^ Bourne is a significant decision because it reinforces at least three important points for Indiana product liability practitioners: (1) defective condition and unreasonably dangerous are not interchangeable terms; (2) the concept of open and obvious remains quite relevant in Indiana product liability law even though it is no longer a stand-alone defense; and (3) whether a product presents an unreasonable danger can and should, under the proper circumstances, be decided by the court as a matter of law rather than automatically defaulted to the jury. Citing a case applying Indiana product liability law from the early 1980s, the plaintiffs in Bourne argued that whether a product is unreasonably dangerous is a question for the jury and should not be decided as a matter of law. Keywords: app; case; code; consumer; court; defect; defense; design; dist; evidence; goal; ind; indiana; indiana code; indiana law; indiana product; ipla; judge; law; lexis; liability; manufacturer; n.e.2d; product; product liability; risk; section; u.s; user
• Vested Rights, Exclusive Uses, and Adverse Possession: Recent Developments in Indiana Real Property Law by Solloway, Robert G.; Marsh, Tanya D.; Bradford, Gina C. (2006) - Id. 2006] PROPERTY LAW 1213 The zoning ordinance herein is, of course, subject to any vested rights in the property of appellants acquired prior to the enactment of the zoning law. 2006] PROPERTY LAW 1215 begins, but the law changes such that a permit is required before actual construction begins? Keywords: appeals; case; center; code; court; indiana; landlord; law; n.e.2d; pinnacle; possession; property; supreme court; tenant; trial court; use
• Recent Developments in Indiana Taxation by Jegen III, Lawrence A.; Brown, Adam J. (2006) - ^ Next PTABOA claimed that Grandview may have owned, but did not occupy or use the property as required by the statute.^^^ Lastly, PTABOA claimed that Grandview and Trilogy were operating this nursing home to generate a profit, which was clearly outside the intent of the exemption.^^^ The Tax Court dismissed the first argument, holding that BridgePointe need only be owned, occupied, and used for a charitable purpose, and that neither BridgePointe nor Grandview were required to be affiliated with a religious organization to be entitled to the exemption.^^^ Furthermore the Tax Court found that Indiana courts have long recognized that providing care and comfort to the aged constitutes a charitable purpose. The Tax Court relied on the DDSR's examples of a newspaper from its own regulations in finding that The Electric Consumer was commonly understood to be a newspaper. Keywords: assembly; assessment; business; code; county; credit; general; ibtr; idsr; ind; indiana; lake; law; legislation; mat; n.e.2d; property tax; sales; sales tax; state; supreme court; tax assessment; tax court; tax credit; tax ct; tax law; taxes; use; value
• Recent Developments in Indiana Tort Law by Strain, Jana K.; Nemeth, Carol A. (2006) - Judge Crone noted that Indiana courts have undercut the rule significantly and urged that: the time has come to clear the decks of the so-called impact rule and to allow the tort of negligent infliction of emotional distress to stand on its own inherent elements. Id. (citing Richard A. Posner, Against Footnotes, 38 COURT REV. 24 (Summer 2001)). Keywords: act; app; care; child; claim; code; court; duty; ind; indiana; indiana law; law; mat; n.e.2d; person; plaintiff; section; statute; tort; trial; trial court
• Impediments to Reasonable Tort Reform: Lessons from the Adoption of Comparative Negligence by Best, Arthur (2007) - In states where courts made the switch, one out of eleven chose that form.^^ Table I STATE ADOPTIONS OF COMPARATIVE NEGLIGENCE: 1969-1984 (showing choice of form by court or legislature) COURT LEGISLATURE PURE AR CA PL lA il ky mi mo NM RI AZ LA NY WA MODIFIED WV CO CT DE HI ID IN KS MA MN MT NH NJ NV ND OH OK OR PA TX UT VT WY V. Modified Comparative Negligence and the Fairness Criterion Courts and legislatures both referred to concepts such as fairness and justice in their adoptions of comparative negligence. Arkansas first adopted a pure comparative-negligence statute and then amended it to embody modified comparative negligence. Keywords: comparative; contributory; contributory negligence; defendant; fault; form; injury; law; legislature; modified; negligence; plaintiff; pure; rev; system
• Front Matter by Law Review, Indiana (2007) - A.B., Juniata College; J.D., George Washington University Law School. LL.B., University of Illinois College of Law; LL.M., Georgetown University Law School. Keywords: associate; b.a; college; indiana law; indiana university; indianapolis; j.d; law; law school; oflaw; professor; review; school; university; university law; university school
• Decoding Cyberproperty by Lastowka, Greg (2007) - The phenomenon of digital communication is a tertium quid in property law if ever there was one. He stated, we need to bring the Internet into the world of property law. Keywords: cal; california; case; chattels; claim; code; common; computer; court; cyberproperty; cyberspace; doctrine; domain; epstein; hamidi; inc; intel; internet; justice; land; law; lessig; new; power; property; property law; rev; review; rights; software; state; supra note; technology; thrifty; trespass; use; wagner
• Can the IRS Silence Religious Organizations? by Ryan, Meghan J. (2007) - Can the IRS Silence Religious Organizations? Meghan J. Ryan* As the campaign season for the 2008 presidential election begins, politicians are already courting religious organizations, which will certainly again play a crucial role in the election' s outcome. ' During the last political campaign season, religious organizations engaged in what some would characterize as unsavory politicking.^ For instance, a Baptist church backed a ban on gay marriage in a nationally televised Sunday service,^ a Catholic cardinal declared that individuals wearing rainbow sashes to church to identify themselves as homosexuals would be denied communion,^ and a bishop distributed a letter to his parishioners stating that any Catholic who votes for a political candidate supportive of abortion, same-sex marriage, or stem-cell research should be denied communion.^ Most notably, the Archbishop of Boston threatened to deny presidential candidate John Kerry communion in the Catholic Church because of Kerry's political view on abortion.^ Churches, however, did not act alone in exploiting issues infused with both religious and political elements. Keywords: 501(c)(3; activities; campaign; church; claim; court; exercise; hybrid; irs; issues; law; note; organizations; religious; smith; speech; supra; tax; u.s
• Reforming Federal Death Penalty Procedures: Four Modest Proposals to Improve the Administration of the Ultimate Penalty by Steinbuch, Robert (2007) - Indiana Law Review Reforming Federal Death Penalty Procedures: Four Modest Proposals to Improve the Administration of the Ultimate Penalty Robert Steinbuch* On March 30, 2006, I testified before the United States House of Representatives, Committee on the Judiciary, Subcommittee on Crime, Terrorism, and Homeland Security regarding proposals to revise certain federal procedures for death penalty cases. Given this dual role unique to capital cases, juries in death penalty cases are typically death qualified.^^ Keywords: capital; cases; court; crime; criminal; death; death penalty; defendant; juries; jury; law; murder; offense; penalty; punishment; sentence; sentencing; states; u.s; u.s.c; united
• Regulating Coordinated Communications: How the FEC Rules Restrict Business Communications and Benefit Incumbents by Defoe, Craig A. (2007) - This Note will not address the free speech issues raised by the rules' over-inclusion of business communications. Those campaigns also show how the rules restrict business communications. Keywords: advantage; business; business communications; campaign; candidate; challengers; communications; communications rules; content; election; fec; federal; house; incumbents; law; note; problem; prong; public; rules; supra
• Front Matter by Law Review, Indiana (2007) - A.B., Juniata College; J.D., George Washington University Law School. LL.B., University of Illinois College of Law; LL.M., Georgetown University Law School. Keywords: associate; b.a; college; director; indiana university; indianapolis; j.d; law; law school; oflaw; professor; review; school; university; university law; university school
• Flipping a Coin: A Solution for the Inherent Unreliability of Eyewitness Identification Testimony by Clements, Noah (2007) - The only solution for this unreliability is to exclude the use of eyewitness identification testimony at trial unless the witness is acquainted with or otherwise familiar with the suspect. Even the inclusion of other, more valid reliability factors, such as whether the testimony involved cross-race identification, would not make eyewitness identification testimony sufficiently 12. 101. Keywords: accuracy; cases; cutler; eyewitness; identification; law; penrod; rate; reliability; study; supra note; testimony; time
• Standard Setting, Patents, and Access Lock-In: RAND Licensing and the Theory of the Firm by Miller, Joseph Scott (2007) - Law Working Paper No. 923470, 2006), available at http://ssrn.com/abstract=923470 (describing five steps SSOs can take and five legal reforms others can make to ameliorate holdup and royalty stacking problems in standards patent licensing). The participants thus cast themselves into a common venture, creating the possibility for post- standardization, mutually beneficial bargaining over patent license terms by precluding both subsequent patent-based shutouts and holdups from threatened shutouts. Keywords: access; adopters; antitrust; court; firm; inc; injunction; law; lemley; license; licensing; market; new; participants; patent; patentee; policy; pool; process; professor; promise; property; rand; rand promise; review; rights; royalty; rules; setting; sso; ssos; standard; supra note; technology; terms; use
• The Learned Intermediary Doctrine: An Efficient Protection for Patients, Past and Present by Girod, Jennifer (2007) - Physician practice was improved by knowing the patient well. For example, in the mid- 1 920s, Richard Cabot was analyzing the ethical aspects of fee-splitting, and in the 1930s the American Medical Association was busy lobbying against national health insurance, group practice, and physician advertising. 136 From a historical perspective, it is inaccurate to argue that the learned intermediary doctrine was adopted because physicians were perfectly virtuous in the 1960s. Keywords: advertising; care; consumer; court; direct; doctor; doctrine; drug; intermediary; law; note; patient; pharmaceutical; physician; prescription; relationship; supra
• Front Matter by Law Review, Indiana (2007) - A.B., Juniata College; J.D., George Washington University Law School. LL.B., University of Illinois College of Law; LL.M., Georgetown University Law School. Keywords: associate; b.a; college; director; indiana law; indiana university; indianapolis; j.d; law; law school; oflaw; professor; review; state; university; university law; university school
• Indiana University School of Law—Indianapolis James P. White Lecture on Legal Education by Bader Ginsburg, Ruth (2007) - It would be based on more than 200 years of Supreme Court history. March is Women's History Month, so I thought it appropriate to speak in these preliminary remarks of two way paving women: Belva Ann Lockwood, first woman admitted to the Bar of the United States Supreme Court and first woman to argue before the Court; and Sandra Day O'Connor, first woman to serve as a Justice of the Court. Keywords: action; court; day; justice; law; lockwood; o'connor; rights; school; states; supreme; white; women
• Introduction: Megaphones and Duct Tape: Legal Tools Shaping Religious Expression in the Public Sphere by Baker, Cynthia A. (2007) - Indiana Law Review Indiana Law Review Volume 40 2007 Number 3 PROGRAM ON LAW AND STATE GOVERNMENT FELLOWSHIP SYMPOSIUM From the State House to the Schoolhouse: Religious Expression in the Public Sphere Introduction: Megaphones and Duct Tape: Legal Tools Shaping Religious Expression IN THE Public Sphere Cynthia A. Baker* The 2006 Program on Law and State Government Fellowship Symposium, From the State House to the Schoolhouse: Religious Expression in the Public Sphere, brought together a stellar faculty from around the state and nation to inform us about how laws, lawmakers, and citizens shape religious expression in the public square and in the public schoolhouse. Using Agency Law to Determine the Boundaries of Free Speech and the Establishment Clause,^^ Professor Meier suggests a framework for courts to assess these and many other creative solutions arising from religious expression in public schools. Keywords: expression; government; law; professor; program; public; religion; school; state
• Using Agency Law to Determine the Boundaries of the Free Speech and Establishment Clauses by Meier, Luke (2007) - Thus, student religious speech is in some circumstances protected by the Free Speech Clause or prohibited by the Establishment Clause. The traditional tort/contract bipartite approach, however, remains instructive and worth exploring as a potential vehicle by which to better comprehend constitutional law cases involving student religious speech. Keywords: agency; agent; clause; law; principal; school; speech; student
• Establishing the Pledge: On Coercion, Endorsement, and the Marsh Wild Card by Strasser, Mark (2007) - Yet, the recognition that recitation of the Pledge implicates religious beliefs may play an important role in any analysis of the current challenges to Pledge policies under the Establishment Clause. For example, in Meek v. Pittenger,^^^ the Court struck down a Pennsylvania law authorizing public funding of auxiliary services such as guidance counseling and testing services to children in religious schools. Keywords: allegiance; children; clause; concurring; court; endorsement; establishment; establishment clause; flag; god; government; justice; law; nation; newdow; note; o'connor; pledge; public; religion; school; state; supra; test; u.s; words
• Front Matter by Law Review, Indiana (2007) - A.B., Juniata College; J.D., George Washington University Law School. LL.B., University of Illinois College of Law; LL.M., Georgetown University Law School. Keywords: associate; b.a; b.s; college; director; indiana law; indiana university; indianapolis; j.d; law; law school; oflaw; professor; review; university; university law; university school
• Survey of Administrative Law by Wheeler Terry, Jennifer (2007) - The control of banking, insurance, public utilities, finance, industry, the professions, health and morals, in sum, the manifold response of government to the forces and needs of modem society, is building up a body of laws not written by legislatures, and of adjudications not made by courts and not subject to their revision. For instance, the Health Facility Board could enter findings that would support its decision to impose a more severe sanction than what the ALJ recommended.*^^ A novel separation of powers argument was presented to the court with regard to its abilities to intervene in agency action in Planned Parenthood of Indiana v. CarterP^ The case arose when the reproductive health services clinic sought injunctive relief in court, rather than judicial review, but is included in this section to the extent it addresses the ability of the courts to intervene with regard to agency actions. Keywords: ^^^; administrative; agency; app; appeals; board; code; county; court; decision; ind; indiana; law; n.e.2d; record; review; section; state; tax; trial court
• Recent Developments in Indiana Civil Procedure by Dorelli, Michael A. (2007) - For this scheme to work properly, parties must be entitled to rely on trial courts to treat admissions in pleadings as binding on the party making the admission. In support of its holdings, the court in Fuchs explained the policy supporting mandatory mediation: The best interests of Indiana citizens and sound judicial administration are well-served when trial courts fully utilize and promote the use of mediation, which can be an enormously effective tool to facilitate the amicable resolution of disputes, to enable parties to meaningfully participate in crafting solutions that best serve their respective interests, to reduce points of contention that would otherwise require a court hearing, to minimize the destructive polarization that can accompany contested adversarial proceedings, to resolve disputes often more expeditiously and less expensively than by protracted litigation and trial proceedings, to equip parties with dispute resolution skills, and to relieve crowded trial dockets thus enabling courts to provide necessary trials 42. Keywords: action; app; case; court; defendant; evidence; ind; indiana; indiana court; judgment; law; motion; n.e.2d; order; party; plaintiff; rule; statute; summary; supreme court; trial court; trial rule
• Indiana Constitutional Developments: Incrementalism and School Tuition by Laramore, Jon; Dall, Jane A. (2007) - '^^ State courts, in contrast, are courts of general jurisdiction so the claim may be brought in state court whether it arises under the constitution itself or under common law tort doctrine/^ Also, the court found the constitutional tort concept is more important in federal courts because it is sometimes the only avenue available to provide protection against constitutional violations.^^ The court concluded, however, that whether a right of action is implied under the constitution itself or is available through some other means is not as important an issue in state court as it is in federal court.^^ Keywords: ^^^; app; appeals; article; constitution; court; defendant; general; ind; indiana; indiana court; indiana law; law; mat; n.e.2d; officer; property; public; review; search; section; special; state; statute; supreme court
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M. (2007) - ^'^ E. Sentencing After Probation Revocation As discussed in last year's survey, the Indiana Supreme Court's opinion in Stephens v. State^^^ has generated some confusion regarding sentencing after the revocation of probation.^^^ In Stephens, the court held that trial courts revoking probation have the statutory authority to order the imposition of less than the entire length of the sentence originally suspended.^^^ This was consistent with standard practices in most trial courts and was greeted with a statutory amendment confirming its correctness.^^^ However, Stephens also included additional language mandating that the total sentence—the executed time originally imposed and the executed term imposed upon revocation—cannot be less than the statutory minimum. Trial courts appear to have responded differently to these requests. Keywords: appeal; counsel; court; criminal; defendant; ind; indiana; law; n.e.2d; plea; review; sentence; sentencing; state; trial; trial court
• Year in Review: A Survey of Significant 2006 Developments in the Area of Labor and Employment Law and the Impact upon Indiana Employers by Romaniuk, Mark J. (2007) - Some of these developments have an immediate impact upon Indiana employers while the full impact of other developments will occur over time. Accordingly, Indiana employers typically enjoy a high degree of discretion in making employment decisions. Keywords: "^^^; act; agreement; board; case; claim; code; compensation; court; damages; date; employees; employer; employment; indiana; law; mat; n.e.2d; n.l.r.b; payment; section; statute; time; union; worker
• Recent Developments: Indiana Family Law by Ruppert, Joseph W.; Sedberry, Joni L. (2007) - As the court had stated earlier: [T]he trial court may not divide assets which do not exist just as it may not divide liabilities which do not exist. The Church court also pointed out that the law was further complicated by a line ofcases which had upheld trial court's in the distribution of unvalued property when the property was not unique and did not require expertise for evaluation or when the unvalued property [was] clearly of little value in relation to the entire marital estate. Keywords: app; case; child; child support; code; court; father; ind; indiana; law; marital; marriage; n.e.2d; parent; parenting; property; support; time; trial court
• Survey of Recent Developments in Health Law by Ice Miller LLP, (2007) - The gainsharing demonstration projects must arrange for remuneration as a share of savings, operate pursuant to a written plan agreement, include a patient notification process, monitor quality and efficiency of care, certify that elements of the program are subject to independent review, and contain referral limitations.^^ Previously, questions arose regarding whether gainsharing arrangements can be structured in compliance with the Anti-kickback statute,^^ the Stark Law,^^ and the Civil Money Penalty (CMP) provision which prohibits hospital payments to physicians which reduce or limit care.^^ The DRA, however, explicitly provides that gainsharing demonstration projects will not violate the Anti- kickback statute, the Stark Law or the CMP.^^ B. Medicare Part B 1. Fee Schedule.—Section 5104 of the DRA calls for a zero percent update to Medicare payments for physician services for calendar year 2006 instead of the proposed 4.4 percent reduction in payments for physician services by Medicare.^^ C. Medicare Parts A &B Section 5201 of the DRA eliminates the payment update to the Medicare home health prospective payment rates for 2006.^^ 59. Id. Keywords: ^^^; board; charge; cms; court; defendants; health; healthcare; hospital; indiana; law; letter; medicare; new; ntsp; nurses; patient; payment; poliner; review; rule; services; wishard
• Survey of Developments in Intellectual Property Law by Brown, Christopher A. (2007) - That interest may be a recognized intellectual property right, such as trade secret information or business good will, or can presumably be some other harm that the employee could visit upon the business through competition. The heavy reliance on the Restatement and cases decided by the United States Court ofAppeals for the Seventh Circuit in this opinion certainly indicates some likelihood of later reliance by Indiana courts on those same sources in deciding other issues of unfair competition. Keywords: application; business; court; covenant; indiana; information; law; n.e.2d; plaintiff; secret; trade
• Survey of Recent Developments in Indiana Product Liability Law by Alberts, Joseph R.; Petersen, James (2007) - ^^^ The second important precept Bourne confirms is that open and obvious danger remains relevant in Indiana product liability cases even though the 1995 amendments to the IPLA eliminated the so-called open and obvious defense. In the first case, Bourne v. Marty Gilman, Inc.,^^ the United States Court of Appeals for the Seventh Circuit held that a football goal post that fell and injured a college student during a post-game celebration was not unreasonably dangerous as a matter of law.^^ Bourne is a significant decision for Indiana product liability practitioners because, as discussed below, it reinforces at least four important precepts: (1) defective condition and unreasonably dangerous are not interchangeable terms; (2) the concept of open and obvious remains relevant in Indiana product liability law even though it is no longer a stand-alone defense; (3) whether a product presents an unreasonable danger can and should, under the proper circumstances, be decided by ajudge as a matter of law; and (4) a claimant's expert testimony must be sufficient, even at summaryjudgment stage, to satisfy Indiana' s safer, feasible alternative design requirement in cases in which the claimant pursues a design defect claim. Keywords: action; case; claim; code; consumer; corp; court; defect; design; evidence; inc; ind; indiana; indiana code; indiana product; ipla; law; manufacturer; n.e.2d; negligence; plaintiff; product; product liability; section; seller; user; warning
• Recent Developments in Indiana Real Property Law by Marsh, Tanya D. (2007) - The court noted that in construing option agreements, courts have required strict adherence to the option's terms. Fang sued Trinity Homes in small claims court, arguing that his lot was first assessed as a separate lot on March 1, 2000, that assessment was not due and payable until May and November 2001 and that the purchase agreement provided that Trinity Homes would pay the May 2001 payment. Keywords: ^^^; appeals; bank; case; court; estate; ind; indiana; landlord; law; lease; mat; n.e.2d; notice; property; rent; tenant; trial court
• Front Matter by Law Review, Indiana (2008) - LL.B., University of Illinois College of Law; LL.M., Georgetown University Law School. B.A., University of Evansville; J.D., Georgetown University Law School. Keywords: associate; b.a; b.s; college; director; indiana law; indiana university; indianapolis; j.d; law; law school; oflaw; professor; review; state university; university; university law; university school
• Biographical Tribute for Professor and Associate Dean Thomas B. Allington by Bepko, Gerald L. (2008) - Indiana Law Review Thomas B. Allington Indiana Law Review Volume 41 2008 Number 1 TRIBUTES Biographical Tribute for Professor and Associate Dean Thomas B. Allington Gerald L. Bepko* High quality academic programs are often based on the quiet strengths of faculty members who, consistent with their careful work as scholars, are not flamboyant. One faculty colleague, Professor Mary Mitchell, offered her own special perspective on Tom' s work among faculty members in a memo to the Law School community. Keywords: dean; faculty; law; tom
• A Colleague's Tribute to Thomas B. Allington Professor of Law and Associate Dean for Technology by Jegen III, Lawrence A. (2008) - At one time or the other, Tom chaired every Law School committee, frequently for more than one year each time. Tom has placed his very personal academic and administrative mark on our law building, Law School, students, and faculty. Keywords: law; tom
• Thomas B. Allington by Lefstein, Norman (2008) - He will be missed and by no means easily replaced, but Tom Allington can bask in the knowledge of having served his Law School and Indiana University with great distinction. Jerry Bepko' s friendship with Tom dates back to 1972; whereas, I became acquainted with him when I came to the Indiana University School of Law—Indianapolis as its dean in 1988. Keywords: law; school
• Recent Defenses of Consideration: Commodification and Collaboration by Wessman, Mark B. (2008) - However, he emphasizes that the overall economic effects ofmaking simple donative promises enforceable are indeterminate.55 The prospect of enforcement might result in more performance of donative promises, with a resulting increase in the number of completed gifts and gravitation of the subjects of gifts to users who value them more highly.56 On the other hand, prospective gift promisors' concerns about possible regret contingencies might result in less gift promising, fewer completed gifts, and a consequent reduction in efficiency. Finally, I argue that, from materials found in Professor Markovits's own theory, one can construct an argument that moral ideals other than collaboration, but at least as valuable, support the enforcement of donative promises at least as well as the notion of collaboration supports the enforcement of bargain promises. Keywords: argument; bargain; collaboration; commodification; consideration; contract; eisenberg; enforcement; gift; gift promises; law; markovits; note; professor; professor eisenberg; professor markovits; promises; promisor; supra; value
• Shielding Children from Violent Video Games Through Ratings Offender Lists by Saunders, Kevin W. (2008) - 202 Government warnings about violent video games are similar to statements on public health, and even if the public health concerns have not yet been sufficiently proven as to justify bans on video games, the statements may be made in an effort to inform the public. The public could then be informed when a retailer or arcade operator made available to children games rated by the alternative system as inappropriate for the children's ages. Keywords: action; amendment; case; children; circuit; commission; court; expression; games; government; government speech; industry; issue; law; list; public; ratings; site; speech; state; statute; stores; threat; u.s; video; video games; violation; web
• Tinker and Student Free Speech Rights: A Functionalist Alternative by Wright, R. George (2008) - It is only recently that the lower courts have even consciously taken to clarifying, sometimes in controversial ways, limits to student speech rights that were at best implicitly recognized or left unconsidered in Tinker} This Article takes the ongoing judicial exploration of the proper scope of the limits on student speech rights imposed by Tinker and its progeny as an opportunity to more broadly reassess the logic of Tinker and ensuing cases on students' right to free speech. There is, however, already a sense that education has a number of purposes and dimensions, any of which might come into conflict with what we might today think of as student speech rights. Keywords: alternative; cases; cir; context; court; disruption; distraction; education; focus; functionalist; harper; knowledge; law; mission; public; purposes; rel; review; rights; school; sense; speech; speech rights; student; student speech; tinker; u.s; violation
• Old Stinking, Old Nasty, Old Itchy Old Toad: Defamation Law, Warts and All (A Call for Reform) by Sipe, Julie C. (2008) - Defamation damages traditionally involve five subparts: (1) nominal damages ('a trivial sum of money awarded' when a plaintiff 'has not established that he is entitled to compensatory damages'), (2) general damages for harm to reputation (called general, because they are generally anticipated, and hence do not need to be alleged), (3) damages for special harm (the 'loss of something having economic or pecuniary value,' such as loss of business), (4) damages for emotional distress (and bodily harm resulting therefrom), and (5) punitive damages (to punish a defendant's outrageous conduct) . 141 Applying these rules to the five categories of damages leads to an entirely different analysis of defamation damages. Keywords: cases; court; damages; defamation; harm; indiana; law; libel; malice; n.e.2d; plaintiff; slander; u.s
• Indiana's Brownfields Initiatives: A Vehicle for Pursuing Environmental Justice or Just Blowing Smoke? by Harton, Oni N. (2008) - Specifically, this Part addresses the definition, nature, causes, and effects of brownfields sites, along with the barriers and benefits to redevelopment. 26 The majority of brownfields sites are only lightly contaminated, can be easily cleaned up, and offer viable opportunities for reuse. Keywords: brownfields; brownfields law; brownfields program; brownfields redevelopment; cleanup; community; environmental; indiana; indiana brownfields; justice; law; liability; participation; problem; program; public; redevelopment; sites; state; supra note
• Indiana Proposed Defense of Marriage Amendment: What Will It Do and Why Is It Needed by Neely, Melissa B. (2008) - Furthermore, the stated purpose of the amendment is: An amendment to the Indiana Constitution would prevent Indiana courts from taking any action to recognize same sex marriages. Id. at 186. 2008] DEFENSE OF MARRIAGE AMENDMENT 247 a violation of Due Process and Equal Protection under federal law. Keywords: amendment; ann; benefits; civil; couples; court; indiana; law; marriage; marriage amendment; note; sex; sex marriage; state; statute; supra; union
• Front Matter by Law Review, Indiana (2008) - LL.B., University of Illinois College of Law; LL.M., Georgetown University Law School. B.A., University of Evansville; J.D., Georgetown University Law School. Keywords: b.a; college; director; indiana law; indiana university; indianapolis; j.d; law; law review; law school; oflaw; professor; review; state university; university; university law; university school
• Jeffrey W. Grove Tribute by Bepko, Gerald L. (2008) - As a new member of our Law School faculty he not only performed well professionally, but he stood out for another reason. Indiana Law Review Jeffrey W. Grove Indiana Law Review Volume 41 2008 Number 2 TRIBUTES Jeffrey W. Grove Tribute Gerald L. Bepko* The Indiana University School of Law—Indianapolis began as an independent private school of law in 1894 and served in that mode fifty years, mostly under the name Indiana Law School. Keywords: dean; faculty; indiana; jeff; law; school; university
• Tribute to Jeff Grove by Torke, James W. (2008) - A native of Altoona, Pennsylvania, Jeff graduated from Juniata College in Huntingdon, Pennsylvania, and then matriculated at George Washington University Law School. Indiana Law Review Tribute to Jeff Grove James W. Torke* I take up this task with a mixture of eagerness and frustration. Keywords: china; grove; jeff; law; program; school; students
• Tribute to Jeffrey W. Grove by Wilkins, Lawrence P. (2008) - Law schools in this day of competitive efforts to attract the best and brightest students * William R. Neale Professor of Law, Indiana University School of Law—Indianapolis. B.A., 1968, The Ohio State University; J.D., 1973, Capital University Law School; LL.M., 1974, The University of Texas School of Law. He also frequently shows up at the doors of colleagues, whether to discuss an interesting case, a matter of Law School business, or (more frequently) to share a humorous story or joke. Keywords: identity; indiana; jeff; law; law school; school; university
• Conference on Relations Between Congress and the Federal Courts A Stenographic Record by Law Review, Indiana (2008) - We know that federal courts and ultimately the Supreme Court exercise the power ofjudicial review of the constitutionality of legislative enactments. It seems to me that these bills seek to counter the familiar principle that federal courts do have jurisdiction to determine whether they have jurisdiction. Keywords: alito; baker; case; chief; conference; congress; court; district; federal; independence; indiana; judge; judiciary; jurisdiction; justice; laughter; law; level; lot; magistrate; people; point; professor; public; question; review; right; sort; state; supreme; talk; things; think; time; today; want; way; years
• Finding Rest in Peace and Not in Speech: The Government's Interest in Privacy Protection in and Around Funerals by Asbury, Amanda (2008) - Consequently, the origins and nature of this type of privacy interest are muddled and unclear. Although JB Pictures more closely resembles McQueary than cases like Rowan, Frisby, Madsen, and Hill because it deals with both First Amendment rights and privacy interests, JB Pictures is also factually distinct. Keywords: amendment; church; citizens; court; funeral; government; home; interest; law; privacy; protection; right; speech; state; statute; supp; u.s
• Global Warming: A Questionable Use of the Political Question Doctrine by Borissov, Erin Casper (2008) - Because the plaintiffs in American Electric Power pleaded in the alternative, relying first on federal common law public nuisance and, in the alternative, state public nuisance, the third scenario would not come into play until the federal claims were dismissed in a final judgment. C. Standing Considering the line of cases discussed supra in which states have successfully litigated federal common law public nuisance actions, it seems odd that the state plaintiffs in American Electric Power would face a serious challenge that they lack standing. Keywords: american; carbon; court; defendants; dioxide; electric; emissions; law; note; nuisance; plaintiffs; policy; power; public; question; standing; state; supra; u.s; warming
• Front Matter by Law Review, Indiana (2008) - LL.B., University of Illinois College of Law; LL.M., Georgetown University Law School. MariaPabonLopez, Associate ProfessorofLaw andDirector, Latin American Law Program. B.A., University of Evansville; J.D., Georgetown University Law School. Keywords: associate; b.a; b.s; college; director; housing; indiana law; indiana university; indianapolis; j.d; law; law school; oflaw; professor; review; university; university law; university school
• Living Together: Ending Racial Discrimination and Segregation in Housing by Wagman Roisman, Florence (2008) - [Vol. 41 :507 Although the 1968 Fair Housing Act has prohibited residential racial discrimination and segregation for forty years, and the 1866 Act has prohibited them for more than a century, the United States still is characterized by substantial racial discrimination with respect to the sale, rental, and occupancy ofhousing and by pervasive racial residential segregation.^ Recognizing this, the Indiana LawReview determined to devote its 2008 Symposium Issue to exploring this matter. Fair Housing Act, 42 U.S.C. §§ 3608(d), 3608(e)(5) (2000); Julian, supra note 8, at 566- 69; see Roisman, supra note 15, at 353-68 (discussing the meaning of the affirmatively further obligation). Keywords: "^^; act; black; discrimination; housing; integration; julian; kushner; law; powell; rev; schwemm; segregation; supra note; turner; white
• Urban Neighborhood Regeneration and the Phases of Community Evolution After World War II in the United States by Kushner, James A. (2008) - 903, 905 (2005) (14.6% as of 2002); Gerald F. Anderson et al., It's the Prices Stupid: Why the United States is So Differentfrom Other Countries: Higher Health Spending but Lower Use of Health Services Adds Up to Much Higher Prices in the United States Than in Any Other OECD Country, 22 HEALTH Aff. 89, 91 (2003) (reporting health costs at 13% of GDP in 2000); Ricardo Alonso-Zaldivar, Health Costs Take Big Bite From Economy: Report Finds Spending Eats Up 24% of Recent Growth, Far Outpacing Defense and Education, L.A. TIMES, Feb. 9, 2005, at A14, available at http://news.orb.com/stories/latimes/2005/0209/healthcarecoststakebigbitefrom economy.php (reporting forty-five million Americans lack any health insurance despite rapidly rising government and private spending); Julie Appleby, Health Spending Rises at Blistering Pace: 20% ofGDP Could Go Towards Care by 2015, USA TODAY, Feb. 22, 2006, at Bl (reporting $4 trillion or $12,320 per capita projected by 2015; health care costs are currently 16.2% of GDP and are projected to reach 20% of the national economy by 2015); Debora Vrana, Rising Premiums Threaten Job-Based Health Coverage, L.A. TIMES, Sept. 15, 2005, at Al (noting annual cost of health insurance for a family of four exceeds annual income of a minimum wage worker); Boston University School ofPublic Health—Health Reform Program, http://www.healthreformprogram.org (last visited Mar. 13, 2006) (reporting U.S. healthcare federal spending at $1.9 trillion in 2005 up from $621 billion in 2000). John Iceland et al., U.S. Census Bureau, Racial and Ethnic Residential Segregation in THE United States: 1980-2000, at 15 (2002). 85. Keywords: america; cities; city; class; community; development; diversity; gentrification; growth; health; hereinafter; housing; james; kushner; l. rev; l.j; law; neighborhoods; new; phase; public; race; rev; segregation; sprawl; states; suburban; suburbs; supra note; u.s; united; urban; white; zoning
• Non-Violent Direct Action and the Legislative Process: The Chicago Freedom Movement and the Federal Fair Housing Act by Rosenbaum, James E.; Shelton, Kathryn (2008) - The Johnson-King disconnect.—At the same time, the growing political and personal divide between President Johnson and Martin Luther King further adversely affected Johnson's views about the CFM and his willingness to pursue fair housing legislation aggressively in its wake. One commentator at the conference suggested that President Johnson and Congress focused on fair housing legislation as an appropriate tribute for King after the assassination because of the interest in the issue that King articulated in Chicago in 1966. Keywords: ^^^; act; anderson; bill; cfm; chicago; city; congress; cross; daley; discrimination; fair; fair housing; garrow; house; housing; housing act; johnson; king; law; legislation; marches; mayor; movement; passage; pickering; president; ralph; rights; senate; support; supra note; violence; white
• Cox, Halprin, and Discriminatory Municipal Services Under the Fair Housing Act by Schwemm, Robert G. (2008) - '^^ The Southend opinion proved to be influential with respect to both §§ 171. Mackey held that home insurance discrimination did not violate either §§ 3604(a) or 3604(b), see supra note 166, but it did opine in dicta that the latter provision outlaws some discriminatory municipal services. Keywords: 3604(b; act; black; cases; cir; circuit; city; claim; court; cox; discrimination; dwelling; f.2d; facilities; fair; fha; halprin; housing; hud; language; law; note; plaintiffs; privileges; property; protection; provision; race; rental; residents; rights; sale; services; supp; supra; supra note; text; title; u.s; u.s.c
• Front Matter by Law Review, Indiana (2008) - A.B., University of Iowa; J.D., LL.M., George Washington University Law School. LL.B., University of Illinois College of Law; LL.M., Georgetown University Law School. MariaPabonLopez, Associate ProfessorofLaw andDirector, Latin American Law Program. Keywords: associate; b.a; b.s; college; director; emeritus; indiana law; indiana university; indianapolis; j.d; law; law school; oflaw; professor; review; state university; university; university law; university school
• Recent Developments in Indiana Civil Procedure by Dorelli, Michael A.; Burke, Daniel K. (2008) - As the court noted, Rule 9(A)(3) does not have language regarding a petition for reconsideration, the administrative procedure's counterpart to a motion to correct error. 290 The court suggested that equity would seem to favor giving administrative agencies the same second chance to review their decisions as trial courts are afforded; however, the court determined that it was constrained by the language ofthe rules of appellate procedure. 163 Rule 4.4(B) provides that Indiana's Secretary of State is deemed the agent for nonresidents who are subject to the jurisdiction of Indiana courts pursuant to Rule 4.4(A). Keywords: action; app; claim; court; defendant; discovery; ind; indiana; judgment; law; motion; n.e.2d; order; parties; party; plaintiff; rule; trial court; trial rule
• Indiana Constitutional Developments: Incremental Change by Laramore, Jon (2008) - But it also recognized that Indiana courts are not restricted by a case or controversy requirement, and Indiana courts have long recognized that a case may be decided on its merits under an exception to the general rule when the case involves questions of 'great public interest.' The court also noted that the statute requires courts to determine sua sponte whether a prisoner-plaintiff has the requisite number of previously dismissed cases—before any defendant even becomes involved in the case.262 The court concluded that the statute does not violate the open courts clause in section 12. Keywords: appeals; court; ind; indiana; indiana court; law; n.e.2d; officer; price; review; search; section; state; statute; trial
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M. (2008) - 23 There is no suggestion the amendments were intended to limit the long-standing ability of trial courts to impose aggravated and consecutive sentences in most circumstances. Read literally, the new subsection seems to suggest that trial courts should select a sentence—and then state the reasons for it. Keywords: app; appeals; case; code; court; death; defendant; ind; indiana; jury; law; n.e.2d; review; right; sentence; sentencing; state; supreme court; trial court
• Recent Developments: Indiana Family Law by Ruppert, Michael G.; Ruppert, Joseph W.; Sedberry, Joni L. (2008) - 444 Finally, after consideration of the relevant factors to be considered by trial courts in deciding who shall be entitled 434. In Perkins, this Court rejected the husband's claim that the trial court's order dividing the marital estate was vague and incomplete, relying on the principal that 'any party who fails to introduce evidence as to the specific value of the marital property at a dissolution hearing is estopped from appealing the distribution on the ground of trial court abuse of discretion based on that absence of evidence.' Keywords: app; child; child support; children; code; custody; evidence; father; husband; indiana; indiana code; indiana court; law; marital; mother; n.e.2d; order; parties; property; section; support; trial court
• Survey of Recent Developments in Health Law by Miller, Ice (2008) - In Phase n, CMS prohibited physician practices from imposing additional practice restrictions in recruiting arrangements with recruited physicians that were not related to quality of care. 45 CMS received substantial commentary suggesting that such prohibitions created significant obstacles for recruiting and created confusion for physician practices regarding the type of practice restrictions that were prohibited. Keywords: area; c.f.r; care; cms; compensation; entity; exception; health; hospital; law; medicare; oig; patient; payment; phase; physician; practice; rule; services; stark
• Developments in Intellectual Property Law by Brown, Christopher A. (2008) - Three of them are patent cases, concerning the overhaul of fundamental principles of patent law and litigation, or implementation of previously-announced rules. The Court relied on its earlier decisions on injunctions generally and on injunction issues found in its copyright decisions, 163 and held that the familiar four-factor test relating to injunctions must be used in patent cases 164 and that injunctions cannot be allowed to issue simply as a matter of course. Keywords: art; case; counsel; court; federal; inc; indiana; ksr; law; obviousness; opinion; patent; person; skill
• Survey of Recent Developments in Indiana Product Liability Law by Alberts, Joseph R.; Petersen, James; Thornburg, Robert B. (2008) - Bourne is a significant decision for Indiana product liability practitioners because it reinforces at least four important precepts: (1) defective condition and unreasonably dangerous are not interchangeable terms; (2) the concept of open and obvious remains relevant in Indiana product liability law even though it is no longer a stand-alone defense; (3) whether a product presents an unreasonable danger can and should, under the proper circumstances, be decided by ajudge as a matter of law; and (4) a claimant's expert testimony must be sufficient, even at summary judgment stage, to satisfy Indiana's safer, feasible alternative design requirement in cases in which the claimant pursues a design defect claim. [loquitor] test, are truly applicable to Indiana products liability law. Keywords: case; claims; code; consumer; corp; court; defect; design; evidence; ford; inc; ind; indiana; indiana code; ipla; law; liability; manufacturer; n.e.2d; negligence; plaintiffs; product; product liability; section; seller
• Recent Developments in Indiana Taxation by Jegen III, Lawrence A.; Whyte Chowning, Kimberly; Conley, Tom D. (2007) - The GA also listed valid operating costs of a court.^^ Beginning January 1, 2007, the GA provided for a reduced penalty of 5% (instead of 10%) on late installments of Indiana property tax if the installment is paid within 30 days of the due date and the taxpayer is not liable for delinquent property taxes from previous years.^^ § 33-26-3-1; it was a challenge to the assessment of Indiana property tax and is an initial 603. Keywords: ^^^; appeal; assessment; code; county; dlgf; dor; h.e.a; i.c; ind; indiana; january; july; law; legis; march; p.l; petition; property tax; review; serv; state; tax; tax court; tax law; taxes; taxpayer; term; use; value; west; year
• Recent Developments in Indiana Tort Law by Thrasher Papa, Ann L. (2007) - After a review of a few statutes defining political subdivisions and municipal corporations^^^ and the manner by which the NAHA was created, the court of appeals held that the NAHA is a municipal corporation, which is a political subdivision subject to the notice provisions of the ITCA.^^^ Lastly, the court found that even though in some instances Indiana courts have allowed substantial compliance with the ITCA notice requirements,^^ ^ there was no substantial compliance in this case where Orndorff sent no notice to the NAHA but relied solely on the NAHA's presence at the scene the night of the shooting for his argument of substantial compliance with the notice provisions. ^^^ Next, with regard to Lachenman' s claim of negligent infliction of emotional distress, the court analyzed its decision under the impact rule,^^^ which has been evolving in Indiana case law for some time.^^^ Importantly, the court found that Lachenman was never directly physically impacted, and she conceded in her appellate brief that she never sustained any bodily harm from the Slices' dogs. Keywords: app; appeals; case; claim; court; damages; dutchmen; duty; ind; indiana; indiana court; issue; judgment; law; medical; motion; n.e.2d; negligence; statute; summary; supreme court; tort; trial court
• Recent Developments in Indiana Real Property Law by Marsh, Tanya D. (2008) - 7 Dawson, Nelson, Graham, and Kauffman (collectively, Plaintiffs) filed suit in trial court to enjoin the Johnsons from constructing the garage. 50 After a bench trial, [t]he trial court concluded that: (1) the Fieldses were not entitled to specific performance because they were not parties to the Lease . Keywords: app; appeals; code; court; ind; indiana; law; lien; mortgage; n.e.2d; note; property; sale; section; tax; trial court
• Recent Developments in Indiana Tort Law by Thrasher Papa, Ann L. (2008) - 164 To reach its conclusion that Kho filed an actionable claim against Miller and her attorneys for naming him in the state court malpractice action and its order that summary judgment was erroneously granted in favor of Miller and Pennington, the Indiana Supreme Court examined the long and continuous history in Indiana courts that recogniz[es] negligence actions for statutory 153. 254 In the landlord-tenant context, Indiana courts have held: 'As a general rule, in the absence of statute, covenant, fraud or concealment, a landlord who gives a tenant full control and possession of the leased property will not be liable for personal injuries sustained by the tenant or other persons lawfully upon the leased property.' Keywords: app; appeals; case; court; duty; evidence; impact; ind; indiana; indiana court; judgment; law; n.e.2d; rule; summary; supreme court; trial court
• Front Matter by Law Review, Indiana (2009) - B.A., University of Evansville; J.D., Georgetown University Law School. LL.B., University ofIllinois College of Law; LL.M., Georgetown University Law School. Keywords: b.a; b.s; college; director; indiana law; indiana university; indianapolis; j.d; law; law school; ll.m; oflaw; professor; review; state university; university; university law; university school
• The Poetic Justice of Immigration by Hill, Linda Kelly (2009) - Some of his books include: RICHARD A. Posner, Breaking the Law (1996); Richard A. Posner, Catastrophe: Risk and Response (2004); Richard A. Posner, Economic Analysis 0FLAW(7thed. 2007); RichardA. Posner, HowJUDGES Think (2008); RichardA. Posner,Not A Suicide Pact: The Constitution in a Time of National Emergency (2006); Richard A. Posner, Sex and Reason (1992). For a broad sampling ofhis sole-written law review contributions, see, e.g., Richard A. Posner, Bork and Beethoven, 42 STAN. Keywords: cir; circuit; courts; gonzales; immigration; judge; justice; law; note; posner; review; rhetoric; richard; supra
• Judicial Advocacy in Pro Se Litigation: A Return to Neutrality by Bacharach, Robert; Entzeroth, Lyn (2009) - Two important components of this effort were (1) the requirement of administrative exhaustion of claims^^ and (2) restrictions on inmates' eligibility for pauper status.^^ The PLRA requires inmates to exhaust available administrative remedies before suing under federal law based on conditions within the prison.^^ The exhaustion provision creates tension with twenty-four years of precedent, originating in Haines v. KemerJ^ in which federal courts had struggled to identify the causes of action encompassed in many prisoner complaints. ''^ Federal courts have long discarded the ancient requirement for a litigant to identify his legal theories in the complaint.^^ A RETURN TO NEUTRALITY 23 courts acknowledged the extraordinarily liberal pleading standard articulated in Conley, federal courts also: (1) interjected a requirement that the claimant have a 'reasonably founded hope that the [discovery] process [would] reveal relevant evidence' to support [the] claim ;^^ (2) decHned to assume facts not alleged;^^ (3) rejected allegations in a complaint that were regarded as conclusory or conjectural;^^ and (4) emphasized that Rule 8 requires that the 'plain statement' possess enough heft to 'sho[w] that the pleader is entitled to relief. Keywords: cir; claim; complaint; court; f.2d; habeas; law; litigants; litigation; motion; note; plaintiff; pleading; prisoner; pro; relief; rules; supra; u.s; u.s.c
• A NEPA Climate Paradox: Taking Greenhouse Gases into Account in Threshold Significance Determinations by Kass, Madeline June (2009) - [Vol. 42:47 determinative because NEPA lead agencies need not consider highly speculative (purely conjectural) effects in determining whether to prepare an EIS.'^^ Relied on by various agencies, the too speculative position has not yet proven particularly successful in avoiding review of climate related GHG impacts under NEPA. The too speculative position, however, has been moderately more successful in avoiding close review of climate related GHG impacts under state NEPA laws some agencies have taken is to disclose climate change issues with some level of qualitative discussion and then conclude that any determination of significance would be speculative.). Keywords: ^^^; actions; agencies; agency; analysis; c.f.r; california; carbon; ceq; cir; climate; climate change; climate significance; effects; eis; emissions; environmental; ghg; ghg emissions; global; impacts; law; mitigation; national; nepa; nepa climate; new; paradox; preparation; project; quality; review; significance; state; supra; supra note; threshold; trigger; u.s; warming
• Rebuilding the Public-Private City: Regulatory Taking's Anti-Subordination Insights for Eminent Domain and Redevelopment by McFarlane, Audrey G. (2009) - Objections are framed in highly individualized terms as issues of private property rights, discussed entirely along the axis of the public/private distinction.^ The primary reason is that the rules announced, notwithstanding their emotionally gratifying categorical protections from the excess of government interference with private property rights, were unadministrable. Keywords: ^^^; anti; cases; cities; city; class; community; court; decision; development; doctrine; domain; government; impact; indiana; interests; investment; kelo; land; law; lucas; new; nollan; note; opinion; owners; plan; planning; power; process; property; property owners; property rights; protection; public; race; regulation; rev; review; rights; standard; state; subordination; supra; supreme; takings; theory; u.s; urban; use; value; vol
• Divided We Stand, United We Fall: A Public Policy Analysis of Sanctuary Cities' Role in the "Illegal Immigration" Debate by Bilke, Corrie (2009) - DIVIDED WE STAND, UNITED WE FALL 179 patchwork quilt of local immigration policies,* ^^ and only fans the fires of the existing immigration debate. As the debate surrounding federal immigration policy continues, it remains clear that '*the muddled status quo cannot hold. Keywords: ^^^; act; city; enforcement; federal; governments; immigration; immigration enforcement; immigration law; law; law enforcement; migrants; new; note; policies; policy; sanctuary; state; supra; supra note; u.s; united; york
• Yes in My Backyard: Developers, Government and Communities Working Together Through Development Agreements and Community Benefit Agreements by Frank, Steven P. (2009) - Development agreements may solve many of the constitutional problems posed by other methods.^ However, development agreements and other prominent land use negotiation tools are largely a partnership between the developer and local government, leaving community interests without sufficient involvement. In fact, only two states without development agreement statutes have upheld the use of development agreements. Keywords: ^^^; agreements; approval; benefits; cba; cbas; city; community; contract; court; developer; development; development agreements; government; land; law; problems; public; supra note; u.s; use; zoning
• Drawing a Line on the Blackboard: Why High School Students Cannot Welcome Sexual Relationships with Their Teachers by Fulgoni-Britton, Rozlyn (2009) - While all of these reasons seem to apply to secondary students with equal force, the Seventh Circuit explicitly declined to address whether secondary school students can welcome sexual advances in harassment claims arising under Title IX.^^ Disagreement exists among courts as to whether age of consent laws make it a legal impossibility for a student under the age of consent to welcome the harassing conduct. ^^ Judge Robreno understood the harm that can result from treating a high school student, in this case a minor, as having the legal capacity to consent to sex with her teacher.*^ While Chancellor v. Pottsgrove School District is a significant step in the right direction, the United States Department of Education has ignored the persuasive evidence that demonstrates that high school students lack the capacity to consent to sex with their teachers. ^^ Keywords: age; ann; compulsory; conduct; consent; court; harassment; law; note; relationship; school; sex; student; supp; teacher; title
• Front Matter by Law Review, Indiana (2009) - B.A., University of Evansville; J.D., Georgetown University Law School. LL.B., University ofIllinois College of Law; LL.M., Georgetown University Law School. Keywords: b.a; b.s; college; director; indiana law; indiana university; indianapolis; j.d; law; law school; oflaw; professor; review; state; state university; university; university law; university school
• Opting Only in: Contractarians, Waiver of Liability Provisions, and the Race to the Bottom by Brown Jr., J. Robert; Gopalan, Sandeep (2009) - No subsequent Delaware decision has premised director liability on a breach of the duty of care.) (footnotes omitted). The amendments are intended to allow Delaware corporations to provide substitute protection, in various forms, to their directors and to limit director liability under certam circumstances. Keywords: approach; companies; corporate; corporation; delaware; directors; duty; evidence; gorkom; insurance; law; liability; management; market; note; opt; provisions; rev; romano; shareholders; state; supra; van; waiver
• What Do We Expect?: An Introduction to the Law, Money, and Results of State Educational Systems by Baker, Cynthia A. (2009) - States strapped for money are contemplating scaling down or even abandoning challenging, custom made state tests which combine essay questions and problems that require students to explain their answers^^ in favor of cheaper multiple choice tests.^^ As a result, state governments are tugged in at least two directions with respect to public education. Keywords: art; const; education; funding; government; indiana; law; program; school; state; university
• Jazz and Family Law: Structures, Freedoms, and Sound Changes by Simon, Sheila (2009) - Women jazz musicians had it even harder, being more easily ignored even while wearing glamorous gowns. Jazz bands emerged before the term jazz. Keywords: control; court; family; family law; freedom; jazz; law; music; new; note; state; supra; supra note; u.s; women
• State Takeovers of School Districts: Race and the Equal Protection Clause by Oluwole, Joseph O.; Green III, Preston C. (2009) - Indiana Law Review State Takeovers of School Districts: Race AND THE Equal Protection Clause Joseph O. Gluwole* Preston C. Green, m* Introduction State takeover of school districts is a form of education reform designed to promote educational and financial stability in school districts. The first Part reviews the No Child Left Behind Act of 2001 (NCLB)'^ provision for State takeovers of school districts and State takeover laws. Keywords: ^^^; ann; appointment; aug; available; budget; city; code; code ann; control; county school; court; district demographics; districts; educ; education; election; fed; financial; law; members; new; note; problems; project; review; school board; school district; schools; state; state bd; state board; state control; state law; state takeover; students; supp; supra; system; takeovers; u.s; vote; west
• Overkill: An Exaggerated Response to the Sale of Murderabilia by Hurley, Ellen (2009) - Any monies due the defendant as a result of a notoriety of crimes contract must be paid to the attorney general and held in escrow for the compensation of crime victims. ^^ In 1993 the newly-amended law was challenged when former school teacher Ronald Price was indicted for sexual child abuse and unnatural and perverted practices committed upon former students.^^ Overkill: An Exaggerated Response to THE Sale of Murderabill\ Ellen Hurley' Introduction On May 24, 2007, U.S. Senator John Comyn of Texas introduced a bill that would make it illegal for any prisoner who is incarcerated in a federal or state prison to deposit any object for delivery or for mailing with the intent that the object be placed in interstate or foreign commerce.^ Violation of the proposed Stop the Sale of Murderabilia to Protect the Dignity of Crime Victims Act of 2007 carries a sentence of at least three years and a maximum often years to run consecutively to a prisoner's current sentence.^ Andy Kahan, the director of the Houston Mayor's Crime Victims Office, lobbied the Senator to introduce the bill.^ Kahan, a nationally known advocate for crime victims, learned about the practice of buying and selling memorabilia associated with serial killers as early as 1999. Keywords: bill; constitutional; court; crime; crime victims; law; murderabilia; new; prisoners; proceeds; sale; sam; schuster; simon; son; speech; state; statute; u.s; victims
• The Effect of Indiana Code Section 22-9-1-16 on Employee Civil Rights by Olivier, Kathryn E. (2009) - Indiana Law Review The Effect of Indiana Code Section 22-9-1-16 ON Employee Civil Rights Kathryn E. Olivier* Introduction Violations of employee civil rights are fundamentally unfair. Unfortunately, Indiana appears to be lagging behind surrounding states with respect to protection of employee civil rights. Keywords: ann; app; civil; code; court; damages; discrimination; employee; employment; indiana; law; n.e.2d; ohio; rights; section; statute; west
• Front Matter by Law Review, Indiana (2009) - B.A., University of Evansville; J.D., Georgetown University Law School. LL.B., University of Illinois College of Law; LL.M., Georgetown University Law School. Keywords: b.a; b.s; college; director; indiana law; indiana university; indianapolis; j.d; law; law school; oflaw; professor; review; state university; university; university law; university school
• Jazzing Up Family Law: The First Annual Midwest Family Law Conference by Drobac, Jennifer Ann (2009) - Particularly given the commitment of time and resources that the legislative and executive branches have devoted to 2009] JAZZING UP FAMILY LAW 537 consistent with Indiana law dating from the late nineteenth century affirming the parental privilege to beat a thirteen-year-old with a buggy whip. Id. at 925 (Although the record may support a finding that [the Department of Family Services (FCS)] acted negligently in failing to discover the alleged sexual abuse, it does not support 2009] JAZZING UP FAMILY LAW 553 Even though Indiana law allowed for an adoption to be set aside, the court rejected the petition because the mother was not the proper party to bring the action, and the trial court had mistakenly ruled on the case. Keywords: adoption; child; children; conference; court; credit; divorce; faith; families; family; family law; indiana; indiana law; interests; law; marriage; mother; note; papke; payne; professor; review; sex; state; support; supra; supra note; underclass; willis
• Family Law for the Underclass: Underscoring Law's Ideological Function by Papke, David Ray (2009) - 145 None of this means that child support collection laws and processes have ceased to be law for the underclass. During most of the twentieth century Americans of all classes married at roughly the same rate, 40 but the incidence of decline of underclass marriage began to manifest in the 1970s. Keywords: adoption; american; child; child support; children; classes; families; family; family law; law; marriage; members; middle; note; parents; poverty; promotion; state; support; supra; underclass; welfare; wilson; women
• The Basis for Legal Parentage and the Clash Between Custody and Child Support by Harris, Leslie Joan (2009) - L.J. 299, 303, 357-71 (2002); Daniel L. Hatcher, Child Support Harming Children: Subordinating the Best Interests of Children to the Fiscal Interests of the State, 42 WAKE FOREST L. REV. 1029, 1043-44 (2007); Amy E. Hirsch, Income Deeming in the AFDC Program: Using Dual Track Family Law to Make Poor Women Poorer, 16 N.Y.U. Rev. L. & Soc. Child support law has become predominantly welfare-driven; in tenBroek' s terminology, it has taken on characteristics of public law, regardless of whether it applies to the poor or to the upper classes. Keywords: child; child support; children; court; custody; family; father; interests; law; man; mother; note; parentage; parents; paternity; presumption; relationship; rev; rights; state; support; supra; testing
• Permanence and Parenthood: The Case for Abolishing the Adoption Annulment Doctrine by Mahoney, Margaret M. (2009) - State adoption abrogation laws confer standing on persons other than the adoptive 2009] PERMANENCE AND PARENTHOOD 657 decree. Traditionally, child welfare laws and adoption laws constituted separate areas of statutory regulation. Keywords: abrogation; adoption; annulment; child; children; code; court; fraud; law; note; order; parent; rights; state; statutes; supra; termination; welfare; west
• To Be or to Exist: Standards for Deciding Whether Dementia Patients in Nursing Homes Should Engage in Intimacy, Sex, and Adultery by Tenenbaum, Evelyn M. (2009) - It is a good way to calm and reassure them and to show love and caring.66 Nursing home patients also suffer other losses. The Article begins by giving background information on the importance of sex and intimacy to nursing home residents, the nursing home's concerns when demented residents have sexual relationships, and the steps nursing homes can take to encourage and discourage sexual expression among their demented residents. Keywords: adultery; alzheimer; ann; capacity; care; decision; dementia; disease; family; hajjar; home; interests; intimacy; kamel; law; life; needs; nursing; nursing home; patient; people; person; relationship; residents; spouse; staff; supra note; values
• Katrina Disaster Family Law: The Impact of Hurricane Katrina on Families and Family Law by McCarthy-Brown, Sandie; Waysdorf, Susan L. (2009) - More than 50% of all homeowners in pre-Katrina New Orleans lived in their homes for twenty years or more compared to only 42% nationally.57 Just under 33% had lived in their homes for thirty years or more compared to only 22% nationally.58 Even among renters in pre- Katrina New Orleans, strong community ties were evident with 29% having lived in their [rented] homes for [10] years or more compared to only 23% nationally. Indeed, in New Orleans family law and the courts can and should serve as a part of the healing and restorative process for the thousands of families who have returned home to New Orleans, and those who are still in the midst of the recovery process. Keywords: child; children; city; court; custody; disaster; families; family; family law; home; housing; hurricane; issues; katrina; katrina disaster; katrina new; law; louisiana; new; new orleans; note; orleans; parent; post; relocation; return; state; storm; support; supra; supra note; years
• Front Matter by Law Review, Indiana (2009) - B.A., University of Evansville; J.D., Georgetown University Law School. LL.B., University of Illinois College of Law; LL.M., Georgetown University Law School. Keywords: b.a; b.s; college; director; emeritus; indiana law; indiana university; indianapolis; j.d; law; law school; oflaw; professor; review; state university; university; university law; university school
• Survey of Indiana Administrative Law by Wheeler Terry, Jennifer (2009) - ^^^ hi another case supporting broad agency powers, the court of appeals found that the Indiana Attorney General's Office was not prevented from enforcing a nonresident's compliance with an information request through Indiana courts because of lack of personal jurisdiction. For the most part, the principles of administrative law are well settled in Indiana, and this article summarizes Indiana Administrative Law, and particularly case law, as courts apply those well settled principles to the particular disputes arising during the survey period from October 1, 2007 through September 30, 2008. Keywords: ^^^; administrative; agency; appeals; board; court; ind; indiana; issue; law; mat; n.e.2d; review; statute
• Developments in Indiana Appellate Procedure: Rule Amendments, Notable Case Law, and Tips for Appellate Practitioners by Babb, Bryan H.; Barr, Kellie M. (2009) - In any case in which all or any portion of the record in the case has been excluded from public access by trial court order (TCO), (i) (A) the appellant shall provide notice in the appropriate place on the appellant's case summary (see Ind. Appellate Rule 15) that all or a portion of the record in the case has been excluded from public access by TCO, and attach to the appellant's case summary all TCOs concerning each exclusion; and (B) the parties, counsel, and the Clerk shall have the respective obligations set forth in (a)(i), (a)(ii), and (b)(i) to the extent necessary to comply with the TCO. (ii) if the notice and supporting orders referred to in (i)(A) are supplied, then the Clerk shall exclude the information from public access to the extent necessary to comply with the TCO unless the court on appeal determines that (A) the TCO was improper or is no longer appropriate, (B) public disclosure of the information is essential to the resolution of litigation, or (C) disclosure is appropriate to further the establishment of precedent or the development of the law; (iii) any party may supplement or challenge the appellant's notice or attachments supplied under (i)(A) or request a determination from the court on appeal under (ii); and (iv) if the appellant does not notify the court on appeal that all or a portion of the record in the case has been excluded from public access by TCO, and attach to the appellant's case summary all TCOs concerning each exclusion, as required by (i)(A), 2009] (c) Cases in which any public access is excluded by trial court order. Keywords: ^^^; appeals; appellant; appellate; case; court; ind; indiana; law; motion; n.e.2d; notice; order; party; rule; supreme court; trial court; trial rule
• Recent Developments in Indiana Business and Contract Law by Dorelli, Michael A. (2009) - Indiana courts refuse to recognize corporations as separate entities where the facts establish that several corporations are acting as the same entity. Indeed, Indiana courts have held that a salesperson may be restrained from contacting former customers within her previous sales area. Keywords: ^^^; agreement; app; business; contract; corporation; court; director; indiana; joint; law; mat; n.e.2d; parties; party; plaintiff; trial court
• Indiana Constitutional Developments: Evolution on Individual Rights by Laramore, Jon (2009) - Free Expression Under Article 1, Section 9 The prior article on Indiana constitutional law discussed the Indiana Court of Appeals' opinion in A.B. v. State, which held that a student's derogatory comments about her principal on the MySpace social networking site was protected speech under article 1, section 9}^^ On transfer, the Indiana Supreme Court also reversed the student's juvenile adjudication, but not based on constitutional rights.^^^ Rather, the court concluded that the student's post did not meet the statutory requirement that it be intended to **harass, annoy, or alarm another person because it was posted on a private portion of the website, and the court could discern no intent to communicate the message to the principal. On numerous occasions Indiana courts have developed standards for enforcing constitutional provisions that are sparse and require further interpretation.^^ Keywords: ^^^; app; appeals; article; case; constitution; court; evidence; ind; indiana; indiana court; law; n.e.2d; search; section; state; supreme
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M. (2009) - In rare circumstances, Indiana courts have found penalties disproportionate under article 1, section 16 of the Indiana Constitution. As regards the character of the offender, Indiana courts have continued to be impressed by defendants with little or no criminal history, those who plead guilty for their offenses, and 145. Keywords: ^^^; app; appeals; bail; child; class; code; court; defendant; ind; indiana; law; mat; n.e.2d; sentence; state; supreme; supreme court; trial; trial court; years
• 2007-2008 Environmental Law Survey: A System in Flux by Smith, Freedom S.N.; Andres, Jennifer; Krahulik, Angela (2009) - Even though Shafer is not binding on Indiana state courts, its holding may reduce the willingness of risk adverse municipalities to enter into tax settlements that allow individuals or corporations to reduce their tax liability by transferring potentially contaminated property to the municipality. Part 11 examines key Indiana state court decisions addressing issues of first impression pertaining to the accrual of state law claims for environmental damages. Keywords: ^^^; act; action; air; cercla; cir; clean; contribution; costs; court; emission; environmental; epa; inc; indiana; law; liability; property; section; sources; state; u.s.c
• Survey of Recent Developments in Health Care Law by Hall, Render, Killian, Heath & Lyman, P.C., (2009) - I. General Health Law In 2008, there were several interesting cases impacting health care providers. Moreover, the rules require more activity, involvement and accountability from governing boards of health care providers in regards to identify theft. Keywords: ^^^; act; advisory; arrangements; board; c.f.r; care; cms; compensation; court; exempt; guidelines; health; health care; hospitals; indiana; information; law; medicare; new; note; oig; organization; patient; payment; physician; program; provider; rac; review; rule; schedule; services; supra; tax
• Recent Developments in Intellectual Property Law by Brown, Christopher A. (2009) - '^^ While at first glance this opinion would appear to place a relatively high burden on Seventh Circuit district courts in fashioning injunctions in a trade secret or similar case, this author takes the view that the determinations required are nothing more than the usual indication of whether a likelihood of success exists on the merits at trial. Id. ([T]he court may apply the blue pencil doctrine to permit enforcement of the reasonable portions. Keywords: ^^^; agreement; case; circuit; court; indiana; law; mat; opinion; patent; products; trade; use
• Survey of Recent Developments in Indiana Product Liability Law by Alberts, Joseph R.; Petersen, James; Thornburg, Robert B. (2009) - [Vol. 42: 1093 and obvious danger remains relevant in Indiana product liability cases even though the 1995 amendments to the IPLA eliminated the so-called open and obvious defense. Bourne is a significant decision for Indiana product liability practitioners because it reinforces at least four important precepts: (1) defective condition and unreasonably dangerous are not interchangeable terms; (2) the concept of open and obvious remains relevant in Indiana product liability law even though it is no longer a stand-alone defense; (3) whether a product presents an unreasonable danger can and should, under the proper circumstances, be decided by ajudge as a matter of law; and (4) a claimant's expert testimony must be sufficient, even at summary judgment stage, to satisfy Indiana's safer, feasible alternative design requirement in cases in which the claimant pursues a design defect claim. Keywords: ^^^; app; case; claims; code; condition; consumer; corp; court; decision; defect; defense; design; evidence; failure; harm; inc; ind; indiana; indiana code; indiana law; indiana product; ipla; issue; judgment; law; manufacturer; n.e.2d; negligence; plaintiffs; product; product liability; risk; safety; section; seller; theory; trial; user
• Recent Developments in Indiana Real Property Law by Reddick, Marci A.; Tucker, Danielle B. (2009) - [Vol. 42: 1 187 covenant has a ''discriminatory effect on a protected class, even if the policy or practice is non-discriminatory on its face.^^ However, the court noted that although federal circuit courts generally have recognized that the FHA allows claims for disparate impact, there is no consensus concerning the analysis of such claims, and the U.S. Supreme Court has yet to address this issue.^^ The Seventh Circuit Court of Appeals has held recovery is possible for violating the FHA under the disparate impact theory when it is shown that a defendant's conduct creates a discriminatory effect barred by the FHA.^^ The court in Metropolitan Housing Development Corp. v. Village of Arlington Heights^^ established four factors to use as the framework for analyzing such claims: (1) the strength of the plaintiffs showing of discriminatory effect; (2) evidence of discriminatory intent, though not enough to satisfy the constitutional standard of Washington v. Davis^^^\ (3) the defendant's interest in the challenged conduct; and (4) whether the plaintiff seeks affirmative relief or merely to restrain the defendant from interfering with individual property owners who wish to provide housing.^^ In Villas West II, the court held that because Title Vn of the Civil Rights Act of 1968 and the FHA use the same language to express public policy prohibiting discrimination, courts should use the same framework to analyze both claims, rejecting the Arlington Heights II standard as unsound and choosing to employ the burden-shifting test previously adopted by the U.S. Supreme Court.^* Accordingly, the Indiana Supreme Court held that to establish the right to recover under a disparate impact claim under the FHA, a plaintiff must establish a prima facie case showing a policy or practice has a significant, actual or predictable impact on a protected class.^^ ^^'^ C. Approval by Developer of Out-Buildings Survives Completion ofSubdivision Another restrictive covenant case of note was Drenter v. Duitz,^^^ where property owners erected a shed in violation of a subdivision's restrictive covenants. Keywords: ^^^; appeals; area; code; county; court; house; indiana; land; law; mat; n.e.2d; ordinance; plaza; property; title; trial; use
• Front Matter by Law Review, Indiana (2009) - B.A., University of Evansville; J.D., Georgetown University Law School. Send all correspondence to Editorial Specialist, IndianaLaw Review, Indiana University School ofLaw—Indianapolis, Lawrence W. Inlow Hall, 530 W. New York Street, Indianapolis, Indiana 46202-3225. Keywords: b.a; college; director; emeritus; indiana law; indiana university; indianapolis; j.d; law; law school; ll.m; oflaw; professor; professor oflaw; review; university; university law; university school
• A Tribute to Richard M. Givan, 1921-2009 Justice, Indiana Supreme Court, 1969-1994 Chief Justice of Indiana, 1974-1987 by Dickson, Brent E. (2009) - Law., July 13, 1994, at 6; and the Indiana Supreme Court Legal History Lecture Series, Justice Richard M. Givan, http://www.in.gov/judiciary/citc/cle/givan/index. Dedicated, industrious, prolific, practical, straight-forward, plain-spoken, candid, highly-principled, humble, respectful of the past but open to change, Justice Richard M. Givan is an enormous transitional presence in the history of the Indiana Supreme Court. Keywords: court; givan; indiana; justice; law; n.e.2d; richard; supreme
• It's Just Secured Credit! The Natural Law Case in Defense of Some Forms of Secured Credit by McCal, Brian M. (2009) - 71 Ifthe trading merchant also contributed capital assets, his percentage share would increase proportionately with the amount of his investment. The common substantive characteristics that transcend these legal forms are: (1) some form of property right in business assets, (2) profit having some contingency based on business risk, and (3) legitimate gain coming from productive assets or business ventures. Keywords: assets; business; capital; claim; contract; credit; creditors; debt; exchange; interest; investment; investor; law; loan; money; ofthe; partner; profit; property; return; right; risk; security; supra; supra note; theory; use
• Comparative Procedure on a Sunday Afternoon: Instant Replay in the NFL as a Process of Appellate Review by Oldfather, Chad M.; Fernholz, Matthew M. (2009) - Adversarialism and the Preservation ofError.—The NFL replay system and the appellate process both arise out of an adversarial process. 8 He urged lawyers to use replay review, and the indisputable visual evidence standard that it incorporates, 9 as an opportunity to explain how similar burden of proof standards exist in the law, that not all mistakes can be corrected, that the system has inherent limits, but that it is the best system yet devised. Keywords: appeal; calls; case; court; decision; error; evidence; game; instant; law; law review; nfl; note; official; ofthe; oldfather; process; replay; replay review; result; review; review process; rules; standard; supra; system; trial; video
• Hollow Promises for Pregnant Students: How the Regulations Governing Title IX Fail to Prevent Pregnancy Discrimination in School by Fershee, Kendra (2009) - 137 Upon further inspection, the sex and disability categories (the only two that could or should contain information about pregnant public school students) have no breakout of information for pregnant students. Isolating dropout information about pregnant high school students would shed light on the question ofwhether Title IX is living up to its promise ofprotecting pregnant girls from discrimination that bars them from realizing their educational goals. Keywords: alternative; compliance; data; department; discrimination; education; girls; information; law; note; pregnancy; programs; regulations; review; school; students; supra; teens; title
• Excessive Reasonableness by Hassel, Diana (2009) - Among those motivations may have been a desire for consistency and an adherence to Harlow; a reluctance to diminish the protection from liability in excessive force cases; a desire to keep qualified immunity firmly in the hands of the judge not a jury; and a desire to encourage resolution of qualified immunity issues in the early stages of litigation. Arguing on behalf ofthe petitioner, the Deputy Solicitor General maintained that the Fourth Amendment and qualified immunity standards should be kept separate. Keywords: amendment; cir; court; defendant; defense; force; fourth; immunity; law; officer; ofthe; police; qualified; reasonableness; saucier; standard; u.s
• Drop-down Lists and the Communications Decency Act: A Creation Conundrum by Harman, Hattie (2009) - Deficiencies in Current Judicial Applications of § 230 Courts have applied § 230 in website content cases in such a way as to create an amorphous and unworkable standard forjudging creation or development of content. Although § 230 explicitly refuses website immunity for the violation of federal criminal statutes and intellectual property law, 195 in its present form, the statute provides immunity to those who would publish discriminatory housing advertisements. Keywords: act; cir; communications; content; court; development; drop; immunity; inc; information; internet; law; liability; note; ofthe; provider; roommates.com; supra; user; website
• Breaking the Language Barrier: The Failure of the Objective Theory to Promote Fairness in Language-Barrier Contracting by Miller, Lauren E. (2009) - For non-English speaking parties facing this standard in litigation, the only practical mechanism to avoid their contracts is to attempt to prove a contract defense, such as unconscionability or fraud. An important contract formation defense for non-English speaking parties is fraud. Keywords: assent; barrier; contract; contracting; courts; duty; english; language; law; note; ofthe; parties; party; speaking; supra; supra note; theory; translation
• Post-Georgia v. Randolph: An Opportunity to Rethink the Reasonableness of Third-Party Consent Searches Under the Fourth Amendment by Pulliam, Daniel E. (2009) - 77 The Court concluded that Fourth Amendment rights would not be eroded by strained applications of the law of agency or by unrealistic doctrines of 'apparent authority. See Joshua Dressler & Alan C. Michaels, Understanding Criminal Procedure 261 n.5 (4th ed. 2006) (citing Richard Van Duizend et al., The Search Warrant Process: Preconceptions, Perceptions, andPractices 2 1 ( 1 984) for the statistic that ninety-eight percent of warrantless searches are consent searches). Keywords: amendment; approach; consent; consent searches; court; fourth; georgia; law; note; occupant; party; party consent; police; randolph; rev; search; searches; states; supra; supra note; u.s; united; warrantless
• Front Matter by Law Review, Indiana (2010) - B.A., University of Evansville; J.D., Georgetown University Law School. LL.B., University ofIllinois College of Law; LL.M., Georgetown University Law School. Keywords: b.a; college; director; emeritus; indiana law; indiana university; indianapolis; j.d; law; law school; ll.m; oflaw; professor; professor oflaw; review; state university; university; university law; university school
• A Letter from Gerald L. Bepko and His Wife, Jean, in Celebration of Sharon and Lawrence P. Wilkins Who Have Been Friends for Twenty-Nine Years by Bepko, Gerald L.; Bepko, Jean (2010) - Chancellor Emeritus, Indiana University Trustees, Professor and Professor of Law; former Dean ofthe Indiana University School ofLaw—Indianapolis, 1981-86. * Former Interim President of Indiana University, 2003; Indiana University-Purdue University—Indianapolis (IUPUI) Keywords: indiana; law; school; university
• An Appreciation of Larrie Wilkins by Cox, Paul N.; Mead, Susanah M. (2010) - Indiana Law Review An Appreciation of Larrie Wilkins Paul N. Cox Susanah M. Mead** We are honored to have been asked by the editors ofthe Indiana Law Review to record a few words about our friend and colleague, Larrie Wilkins, upon the occasion of his retirement. Of more importance is what Larrie meant to us as his colleagues, to the law school, and to his students. Keywords: larrie; law; school; students
• Tribute to Professor Lawrence P. Wilkins by Grove, Jeffrey W. (2010) - * Professor of Law and Associate Dean Emeritus, Indiana University School of Law- Indianapolis. Indiana Law Review Tribute to Professor Lawrence P. Wilkins Jeffrey W. Grove* Haiku for LPW A serious man, Not to be taken lightly. Keywords: law
• Tribute Lawrence P. Wilkins by Wagman Roisman, Florence (2010) - Professor Wilkins was interested in and knowledgeable about new technologies, and did pathbreaking work in developing lessons for law students for CALI (the Center for Computer-Assisted Legal Instruction). I still think of the office he occupied as his office, though someone else is in it now, and I expect to see his door open and Professor Wilkins behind his desk, as he almost always was. Keywords: law; wilkins
• Physicians and Patients Who "Friend" or "Tweet": Constructing a Legal Framework for Social Networking in a Highly Regulated Domain by Terry, Nicolas P. (2010) - 90 Finally, in examining the palette of options for dealing with the interaction of social network information and the physician-patient relationship, we must consider soft law models of regulation. Of social network site users who have multiple profiles, 25% do so in order to disaggregate their followers, for example by keeping professional users opt to use this feature. Keywords: action; app; breach; care; case; code; confidentiality; consent; court; data; defendant; disclosure; ethics; example; facebook; framework; friends; health; healthcare; indiana; information; intrusion; law; medical; myspace; network; networking; note; ofthe; online; patient; patient relationship; physician; privacy; professional; public; publicity; relationship; review; sites; social; supra; tort; twitter; users
• The Foreign Corrupt Practices Act in the Ultimate Year of Its Decade of Resurgence by Koehler, Mike (2010) - Professor Koehler founded and writes the FCPA Professor Blog (http://fcpaprofessor.blogspot.com ) and his FCPA expertise and views are informed by a decade of legal practice experience at an international law firm during which he conducted FCPA investigations around the world, negotiated resolutions to FCPA enforcement actions with government enforcement agencies, and advised clients on FCPA compliance and risk assessment. See, e.g., Shearman & Sterling LLP, FCPA Digest, Cases and Review Releases Relating to Bribes to Foreign Officials Under the Foreign Corrupt Practices Act of 1977, available at http://www.shearman.com/files/ upload7fcpa_digest.pdf (listing FCPA enforcement actions chronologically); see also Foreign Corrupt Practices Act (FCPA), http://www.justice.gov/crirninal/fraud/docs/statute.html (last visited Mar. 8,2010). Keywords: act; actions; agent; business; companies; company; control; doj; enforcement; fcpa; fcpa enforcement; government; halliburton; inc; law; note; officials; oil; payments; practices; provisions; release; sec; supra; u.s; united
• Review Essay: The Disintegration of the Idea of Human Rights by Wright, R. George (2010) - Griffin's Search for Human Rights Determinacy James Griffin argues that [w]hen during the seventeenth and eighteenth centuries the theological content of the idea [of human rights] was abandoned, nothing was put in its place, leaving us with only indeterminate references to human right. In addition, though, Griffin emphasizes that human rights theory must take proper account ofthe nature and limitations of human beings and their circumstances, or what Griffin calls practicalities. Keywords: cohen; god; human; idea; justice; law; maclntyre; note; ofhuman; press; review; rights; sandel; supra; theory; wolterstorff
• Honoring the Legacies of Justice William J. Brennan, Jr., and Justice Thurgood Marshall A Panel Discussion Presented by the Indianapolis Lawyer Chapter of the American Constitution Society by Rose, Gavin M. (2010) - Justice William J. Brennan, Jr., Associate Justice, U.S. Supreme Court, Address to the Text and Teaching Symposium, Georgetown University (Oct. 12, 1985), available at http://www. Two years earlier, the Honorable William Brennan, Jr., had articulated precisely the judicial philosophy that gave birth to Justice Marshall's miracle: [T]he genius of the Constitution, said Justice Brennan, rests not in any static meaning it might have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs. Keywords: activism; brennan; case; constitution; court; decision; indiana; justice; justice brennan; law; marshall; ofthe; opinion; professor; review; right; stone; supreme; time; u.s
• You Shall Always Be My Child: The Due Process Implications of Paternity Affidavits My by Britto, Kayla (2010) - Legal fathers are men who have completed a paternity affidavit, 8 but may not be biological fathers. Biological fathers are men who are biologically related to the child in question. Keywords: affidavit; child; children; court; father; indiana; interest; law; mother; paternity; paternity affidavit; relationship; rights; state; support; u.s
• Front Matter by Law Review, Indiana (2010) - B.A., University of Evansville; J.D., Georgetown University Law School. LL.B., University ofIllinois College of Law; LL.M., Georgetown University Law School. Keywords: b.a; b.s; college; director; emeritus; indiana law; indiana university; indianapolis; j.d; law; law school; ll.m; oflaw; professor; professor oflaw; review; state university; university; university law; university school
• Voter Deception by Daniels, Gilda R. (2010) - Despite the government's relative inaction or questionable actions in enforcing voter intimidation statutes, Congress is keenly stationed to provide protections against the knowing propagation of false election materials and has the constitutional authority to do so. This article exposes the deficiencies in the current state of the law governing voter intimidation and deceptive practices. Keywords: acts; amendment; campaign; citizens; congress; court; deception; democratic; election; federal; fraud; government; identification; indiana; information; law; laws; note; ofthe; person; practices; process; right; section; speech; states; statutes; suppression; supra; u.s; u.s.c; united; voter; voter deception; voter fraud; voter intimidation; voting
• Four Big, Dumb Trends Affecting State Courts by Shepard, Randall T. (2010) - What is important and difficult for court people (most ofwhose leaders are at least fifty years old) is coming to grips with the fact that the newest generation procures its information in a dramatically new and different way. There are at least four such trends with important implications for American courts. Keywords: american; cases; court; indiana; judges; judicial; judiciary; justice; law; ofthe; profession; review; supreme; u.s
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 2009 by Crandley, Mark J.; Stephenson, P. Jason; Kerridge, Jeanine; Peabody, Jeff (2010) - Caligor Midwest, 9 1 3 N.E.2d 1 93 (hid. 2009). A worthy claimant to the title is the late Justice Roger DeBruler, who rightfully could be called a Great Dissenter both because ofthe volume ofhis work in dissent and because his dissents have been favorably cited in U.S. Supreme Court cases, including the rarity ofa lengthy, verbatim quotation of a state court dissent.^ But a modem Great Dissenter might be emerging in the form of Justice Rucker. Keywords: cases; court; hid; ind; justice; law; n.e.2d; number; opinions; rucker; shepard; state
• Survey of Indiana Administrative Law by Rompala, Joseph P. (2010) - Instead, the court of appeals explained that Indiana courts had consistently determined that the exception did not always apply.^^ In at least two instances during the survey period, Indiana courts addressed whether a party to an administrative proceeding had received sufficient notice to satisfy due process requirements. Keywords: administrative; agency; appeals; commission; court; decision; ind; indiana; law; mat; n.e.2d; review
• Developments in Indiana Appellate Procedure: Rule Amendments, Remarkable Case Law, and Guidance for Appellate Practitioners by Babb, Bryan H.; Barr, Kellie M.; Hartzell-Baird, Suzanna (2010) - During court proceedings that are closed to the public by statute or court order, when information in case records that is excluded from public access pursuant to this rule is admitted into evidence, the information shall remain excluded from public access. Id. at 379 (quoting trial court order). Keywords: appeal; appellant; appellate; court; ind; indiana; judgment; law; n.e.2d; order; rule; trial; trial court
• Recent Developments in Indiana Business and Contract Law by Dorelli, Michael A.; Scaletta, Phillip T. (2010) - Indiana Law Review Recent Developments in Indiana Business AND Contract Law Michael A. Dorelli* Phillip T. Scaletta** During the survey period,' Indiana courts rendered a number of significant decisions affecting businesses, as well as their owners, officers, directors, and shareholders. The court proceeded to describe the law regarding imputation of an agent's knowledge to a corporation: Indiana courts have held that, generally, the knowledge of an agent acquired while acting in the course ofemployment will be imputed to the corporation. Keywords: agreement; app; breach; business; city; columbus; contract; corporation; court; damages; ind; indiana; law; liberty; mat; n.e.2d; ofthe; plaintiffs; shareholders; trial court
• Recent Developments in Indiana Civil Procedure by Burke, Daniel K. (2010) - [Vol. 43:639 argued that a fact issue existed because there was a conflict between Kleinmaier's earlier letter concerning environmental clean-up expenses and his later deposition testimony where he denied having actual knowledge of the contamination when he wrote the letter.^^^ The court analogized CS's efforts to a sham affidavit situation, in which courts routinely reject affidavits conflicting with prior deposition testimony in an effort to create a fact issue sufficient to avoid summary judgment.^^^ Although the factual situation was somewhat different here, the court concluded that the same concept should apply.^'^'* Accordingly, the court concluded that Kleinmaier's subsequent deposition testimony should be disregarded and therefore no fact issue existed.^^^ K. Relieffrom Judgment In Heartland Resources, Inc. v. Bedel,^^^ Heartland Resources, Inc. (Heartland) appealed the trial court's entry of default judgment against it and in favor of Ambrose and Catherine Bedel.^*^ Heartland and the Bedels entered into a contract whereby the Bedels agreed to invest in Heartland's gas well ventures in Louisiana.^^^ Courts shall limit their requests for funds to those which are reasonably necessary for the operation of the court or court-related functions. Keywords: app; appeals; court; indiana; indiana court; judgment; law; mat; motion; n.e.2d; order; rule; summary; supreme court; trial court; trial rule
• Indiana Constitutional Developments: Vitality for the Ex Post Facto Clause, But Not the Education Clause by Laramore, Jon (2010) - In State ex rel Indiana State Police v. Arnold^^^ the Indiana Supreme Court rejected a challenge to the statute permitting courts to expunge arrest records.^^^ In this case, a trial court granted expungement to Arnold, who had been arrested for robbery but never charged.^^^ The State Police Department later sought to overturn the expungement, arguing that Arnold did not meet the statutory criteria for expungement.^^^ The Indiana Supreme Court ruled that the statute gave trial courts significant discretion and rejected the State Police's argument that discretion was fettered if the person seeking expungement had certain other criminal offenses on his record.^*^ In Morgan v. State, ^^^ a subpoenaed witness came to court but fled before he could testify; law enforcement officers were unable to locate him.^^^ Several jurors 136. Keywords: article; clause; court; factor; ind; indiana; indiana court; law; mat; n.e.2d; registry; section; state; supreme
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M. (2010) - For example, the court ofappeals reiterated in Wilkins v. State, 901 N.E.2d 535 (Ind. Ct. App.), trans, denied, 915 N.E.2d 986 (Ind. 2009), that trial courts may make a finding of congestion, thus stopping the Criminal Rule 4 clock, without an assessment ofits docket to ensure a speedy trial. '^^ Three years later, a psychiatrist opined that the defendant cannot be restored to competence, and defense counsel moved to dismiss the charge. '^^ The trial court granted the motion to dismiss, and the Indiana Supreme Court affirmed. '^^ The court acknowledged that trial courts have inherent authority to dismiss criminal charges where the prosecution of such charges would violate a defendant's constitutional rights.*^^ Keywords: app; appeal; cases; court; criminal; defendant; evidence; ind; indiana; law; mat; n.e.2d; probation; review; sentence; state; supreme; trial
• 2008-2009 Environmental Law Survey by Thomas, Seth M.; Calhoon, Victoria; Smith, Freedom S.N.; Andres, Jennifer; Krahulik, Angela (2010) - '*^^ V. Developments in Indiana Environmental Insurance Law During the survey period, Indiana courts decided several cases that address a number of important insurance coverage issues pertinent to insurance claims in environmental cases. Because an insured must depend on the insurer's good faith and performance, Indiana courts have imposed on insurers duties of good faith and fair dealing.^^^ Keywords: air; caa; case; cinergy; claims; clean; co.; contamination; corp; costs; court; district; emissions; environmental; epa; idem; inc; indiana; insurer; law; liability; mat; n.e.2d; new; order; permit; plaintiffs; review; section; ssm; state; u.s.c
• Recent Developments in Indiana Evidence Law October 1, 2008 - September 30, 2009 by Sweeney, Paul C.; Boulukos, Emmanuel V.R. (2010) - [Vol. 43:773 did not testify as an out-of-court declarant—he did not testify as to the truth of any out of court statement—rather, he testified in court as to his observation of an active warrant for Williams's arrest and the course of action that he took as a result. '*^ Lewis argued that ifthe trial court did not admit Officer Eldridge's testimony to prove the truth ofthe matter asserted, then no evidence existed ofthe warrant and, therefore, no basis for admitting of the marijuana evidence. Keywords: admission; app; court; defendant; evidence; hearsay; ind; indiana; indiana court; issue; law; mat; n.e.2d; ofthe; rule; state; statement; supreme court; testimony; trans; trial court; victim; witness
• Survey of Recent Developments in Indiana Product Liability Law by Alberts, Joseph R.; Petersen, James; Thornburg, Roberts B. (2010) - The defendants sought to remove the case to federal court, arguing that the plaintiffs fraudulentlyjoined Rowland to defeat diversity.^* They argued that the plaintiff could not maintain product liability claim against Rowland because Rowland was neither a manufacturer nor a seller of the pain pump.^^ The court found that the plaintiffs properly joined Rowland because Rowland could be considered a manufacturer under Indiana Code section 34-6-2-77(a)( 1 ), which defines a manufacturer as a seller who has actual knowledge of a defect in a product. LEXIS 20138, at *27-37 (S.D. Ind. Nov. 5, 2003) (holding that homeowner who spread ashes from lumber treated with chromium copper arsenate on his garden could not pursue product liability claim because his use of the lumber was not, legally speaking, foreseeable, intended, or expected). Keywords: app; case; claims; co.; code; consumer; corp; court; defect; design; ford; inc; ind; indiana; indiana code; indiana product; ipla; law; liability; manufacturer; n.e.2d; ofthe; plaintiff; product; product liability; seat; section; seller; user; warning
• Recent Developments in Indiana Real Property and Related Areas of Law by Reddick, Marci A. (2010) - However, several cases presenting issues offirst impression came before Indiana appellate courts during the survey period for this Article. Restrictive Covenants The tension between obtaining a variance from local zoning ordinances and enforcing restrictive covenants in a development often plays out before boards of zoning appeals, as well as in trial courts in Indiana. Keywords: ^^^; app; appeals; bank; bza; case; court; deed; estate; indiana; indiana court; law; mat; mortgage; n.e.2d; ofthe; property; trial court; use; zoning
• The Stagnation of Indiana Real Property Law by Sparks Pyatt, April; Marsh, Tanya D. (2010) - First, however, we will more broadly address the state of Indiana real property law in the year 20 1 0. The changes implemented by the General Assembly in 2009 are typical ofthe incremental progress in Indiana statutory real property law. Keywords: appeals; code; court; damages; indiana; indiana code; indiana law; law; lien; mat; mortgage; n.e.2d; ofthe; property; real; right; supreme court; tenant; trial court
• Recent Developments in Indiana Taxation Survey 2009 by Jegen III, Lawrence A.; Williams, James B.; Conley, Tom D. (2010) - A. Property Tax The GA enacted a variety of changes to property tax legislation. White V. Greene County Assessor.^*^—Leonard White challenged the final determination ofthe IBTR upholding the assessment ofhis Greene County, Indiana real property by the Beech Creek Township Assessor for the March 1 , 2006 assessment date. Keywords: appeal; assessment; assessor; bucket; county; court; department; evidence; exemption; ibtr; income; income tax; indiana; land; law; mat; ofthe; property; property tax; ptaboa; sales; t.c; tax; tax court; term; use; value
• Recent Developments in Indiana Tort Law by Turner, Milton Augustus (2010) - Moreover, Indiana courts have yet to hand down a decision concerning the legislative updates. The parents sued the defendants, and trial court granted summary judgment in favor of the defendants.^^ The court held that a landowner is subject to liability for physical harm suffered by his invitees by a condition on the land if he: (a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk of harm to such invitees, and (b) should expect that they will not discover or realize the danger, or will fail to protect themselves against it, and (c) fails to exercise reasonable care to protect them against the danger.^^ The court concluded that the minor plaintiffs, who were seventeen years old at the time ofthe incident, must exercise the standard ofcare ofadults.^^ Keywords: ^^^; app; care; cause; condition; court; defendant; duty; evidence; harm; ind; indiana; indiana court; injury; land; law; mat; medical; n.e.2d; negligence; ofthe; plaintiff; public; tort; trial court
• Following Transformation's Thread: Reflections on the Citizen-Lawyer as Transformative Agent by Wilson Jr., Lloyd T. (2010) - FOLLOWING TRANSFORMATION'S THREAD 1093 that a relational understanding ofthe world can have on the way we promote- hinder—our students' moral agency In Part III, I introduce the ideas that civic participation has the potential to awaken a sense of shared responsibility for social ills and to promote reconciliation. The Essay concludes in Part IV by linking civic participation to social progress and to democratic governance. Keywords: "^^; civic; knower; law; moran; note; participation; responsibility; supra; transformative; way; world
• Real Estate Transactions and Entrepreneurship: Transforming Value Through Exchange by Malloy, Robin Paul (2010) - In this regard, the Essay explores several categories or pattems of entrepreneurial behavior that come into play with property transactions. The suggestion is that different people seek different types of retums and value rewards from property transactions and that multiple behavior pattems can nonetheless all be identified as forms ofentrepreneurship. Keywords: assets; entrepreneurship; essay; estate; estate transactions; exchange; law; market; need; process; property; terms; theory; transactions; understanding; value
• Discriminatory Housing Advertisements On-Line: Lessons from Craigslist by Oliveri, Rigel C. (2010) - Publisher liability for discriminatory housing ads has been the law for decades.^ Because newspapers and other media have the incentive to screen out discriminatory advertisements, such advertisements have largely vanished from public view.^ 1. 42 U.S.C. § 3604(c) (2006). The result is that discriminatory housing ads proliferate in cyberspace. Keywords: 3604(c; act; ads; advertisements; author; children; court; craigslist; discrimination; exemption; fact; fair; fha; file; housing; housing ads; housing discrimination; hud; information; law; living; mrs; murphy; note; number; ofthe; people; person; preferences; race; rental; review; rights; roommate; rooms; statements; status; supra
• Real Estate Market Meltdown, Foreclosures and Tenants' Rights by Williams, Aleatra P. (2010) - (enumerating just cause for tenant evictions, excluding foreclosures); and Nevada, S.B. 140, 75th General Assem., Reg. In Part IV, I contend that tenant rights in foreclosure can be more effectively and comprehensively addressed under customary eviction processes as incorporated under states' Residential Landlord and Tenant Acts. Keywords: act; ann; days; estate; eviction; foreclosure; housing; landlord; law; lease; market; mortgage; new; notice; ofthe; premises; property; provide; ptfa; rights; sale; security; stat; states; tenants; title; west
• The Really New Property: A Skeptical Appraisal by Eagle, Steven J. (2010) - The Beguiling Nature ofTransformation The call for transformation in property law reminds us that there is nothing new under the sun.^ Modems have sought secular salvation; first through Marxism,^ and more recently through progressive or free market economics. ^ Many have sought it through reform of law in general, and property law in particular. Keywords: "^^; ^^^; american; city; class; condemnation; control; court; development; government; holmes; housing; indiana; individual; interest; kelo; l. rev; land; law; law review; man; market; mat; new; note; ofthe; ownership; people; policy; power; professor; project; property; property law; property rights; public; regulation; rent; rev; review; revitalization; richard; rights; society; state; status; supra; term; theory; time; u.s; urban; use; value; vol; york
• Holiman v. Dovers: An Argument for a More In-depth Analysis of Religious Disputes by Gobel, Kyle D. (2010) - [Vol. 43: 1287 ofJune 2008, about 1 00 pending lawsuits involving a national denomination and a local congregation fighting over who owns the church property used by the congregation were making their way through U.S. courts.^ The U.S. Supreme Court has provided two different methods for U.S. courts to use when adjudicating disputes over religious property: The deference approach and the neutral principles of law approach.^ When employing the deference approach, U.S. courts must adjudicate religious property disputes in different ways depending on the type of religious property dispute at issue.^ In some cases, courts must determine the intent of the original property donor, decide which members of the congregation have been faithful to that original intent, and then decide which members have deviated from the religious doctrines that the original donor intended.^ See Jones v. Wolf, 443 U.S. 595, 602-03 (1979) (describing the 'neutral principles of law' approach to adjudicating religious property disputes); Watson v. Jones, 80 U.S. 679, 722-27 (1871) (setting out the deference approach to adjudicating religious property disputes). Keywords: approach; arkansas; church; court; deference; disputes; farra; holiman; law; members; note; principles; property; school; supra; u.s
• Front Matter by Law Review, Indiana (2010) - B.A., University of Evansville; J.D., Georgetown University Law School. LL.B., University ofIllinois College of Law; LL.M., Georgetown University Law School. Keywords: b.a; b.s; college; director; emeritus; indiana law; indiana university; indianapolis; j.d; law; law school; oflaw; professor; review; state university; university; university law; university school
• Introduction: A Symposium on the Law of Democracy by Pitts, Michael J. (2010) - Indiana Law Review Indiana Law Review Volume 44 2010 Number 1 SYMPOSIUM Introduction: A Symposium on the Law of Democracy Michael J. Pitts* The first decade of the twenty-first century has come to a close, and it has certainly been an interesting one for the rapidly maturing field of election law. The new century commenced with what might be described as the big bang of election law—the drama ofBush v. Gore) Bush v. Gore looms large for at least a couple ofreasons. Keywords: campaign; court; election; finance; law; professor
• Keynote Address: What Election Law Has to Say to Constitutional Law by Gerken, Heather K. (2010) - 36 Constitutional law scholars often tell precisely that story when they are talking about race and elections. Eventually, election law scholars declared their independence from constitutional law in a bloodless revolution. Keywords: districts; election; election law; gerken; law; law scholars; majority; minorities; minority; pildes; politics; race; rev; rights; scholars
• The Founders' Bush v. Gore: The 1792 Election Dispute and Its Continuing Relevance by Foley, Edward B. (2010) - Moreover, their disagreement over first principles is the beginning of a basic jurisprudential debate in the field of election law that continues to this day. He undoubtedly believed that mentioning the relevant facts of what happened in Otsego County was unnecessary and that his literalist view of election law would resonate with those Clintonians on the canvassing committee who distrusted Van Rensselaer and his Federalist co-conspirators. Keywords: ballots; bush; canvassing; clinton; committee; constitution; decision; dispute; election; electoral; federalists; founders; gore; hamilton; jay; kent; king; law; letter; madison; new; new york; ofthe; otsego; party; sheriff; smith; state; supra note; votes; york
• Celebrating the Tenth Anniversary of the 2000 Election Controversy: What the World Can Learn from the Recent History of Election Dysfunction in the United States by Persily, Nathaniel (2010) - 7 Indeed, the extent to which partisans—either elected or appointed—are in charge of U.S. elections at the state level sets the United States apart from virtually all other democracies. for Democracy & Election Mgmt., Building Confidence in U.S. Elections: Report of the Commission on Federal Election Reform 55 (2005), available at http://wwwl . Keywords: absentee; administration; ballots; confidence; democracy; election; electoral; fraud; government; law; note; number; ofthe; problems; registration; states; supra; supra note; system; technology; turnout; u.s; united; voter; voting
• Public Rights and Private Rights of Action: The Enforcement of Federal Election Laws by Tokaji, Daniel P. (2010) - This Article argues that existing doctrine, particularly the requirement that there be an unambiguously conferred individual right, is inappropriate for alleged violations of federal election statutes. Although this is one of the interests they may promote, federal election statutes also aim to serve systemic interests in a fair election process. Keywords: action; cases; congress; court; election; electoral; enforcement; federal; gonzaga; hava; individual; law; laws; note; officials; ofthe; ohio; party; registration; requirements; right; state; statute; supra; tokaji; u.s; u.s.c; voters; voting
• Language Assistance and Local Voting Rights Law by Ancheta, Angelo N. (2010) - Id. at 3. 2010] LANGUAGE ASSISTANCE 179 of language assistance to all three groups. 10 Local language assistance policies offer important insights into the strengths and weaknesses of federal voting rights law, as well as into larger questions about anti-discrimination law and the role of language assistance in helping communities integrate immigrants into civic life. Keywords: act; american; assistance; census; chinese; city; county; coverage; discrimination; election; english; federal; groups; language; language assistance; law; materials; minority; ofthe; policies; population; proficient; rights; section; spanish; state; vietnamese; voters; voting
• Reinventing Voting Rights Preclearance by Crayton, Kareem U. (2010) - The politics ofa reinvented preclearance system would promote cooperative behavior among the different interests present in a particular jurisdiction. Below, I identify three particular problems that contribute to the longstanding stalemate that exists among the actors in preclearance jurisdictions. Keywords: act; agency; changes; court; election; government; groups; jurisdictions; law; minority; new; note; npr; officials; ofthe; policy; preclearance; preclearance system; process; public; reinvention; review; rights; section; state; supra; system; u.s; voting; voting rights; vra
• After Citizens United by Kang, Michael S. (2010) - Soft Money.—After Citizens United, the unconstitutionality of campaign finance regulation is even clearer for restrictions on money used for purposes other than express campaign speech. Citizens United reinforces and depends upon the greatest absurdity ofcampaign finance law—that independent expenditures pose no threat of campaign finance corruption. Keywords: campaign; citizens; court; expenditures; finance; law; united
• Disclosures About Disclosure by Hitoshi Mayer, Lloyd (2010) - While party affiliation is usually listed on the ballot, and interest group, newspaper, and celebrity endorsements are often circulated widely, voters generally gain access to contributor information only by proactively searching for such information, which few voters probably do even with Internet-accessible databases. The vast majority of such specific contributor information is unlikely to help voters because knowing the identities ofthose contributors does not provide any useful cues regarding the candidates supported, either directly or through communications by independent groups. Keywords: campaign; candidates; citizens; contributors; cues; disclosure; election; finance; groups; information; law; note; parties; public; retaliation; rev; state; supporters; supra; supra note; u.s; united; use; voters
• What Changes Do Recent Supreme Court Decisions Require for Federal Campaign Finance Statutes and Regulations? by Hayward, Allison R. (2010) - [Vol. 44:285 Given the Court's recent decisions related to contribution and expenditure limits, it appears safe to conclude that expenditure limit requirements remain unconstitutional. Contribution limits, however, have generally passed constitutional scrutiny because a contribution can resemble a gift or gratuity to a candidate (or his party) that might be a bribe, extortion payment, or might at least appear corruptive. Keywords: campaign; citizens; committee; contribution; court; expenditures; fec; federal; law; limits; u.s; united
• Sexting: A Response to Prosecuting Those Growing Up with a Growing Trend by Szymialis, Jordan J. (2010) - 97 Those advocating a therapeutic approach 98 acknowledge that state child pornography laws apply to any pornographic depictions of a minor and do not exempt cases where minors 86. The Internet has clearly facilitated this disturbing trend, as evidenced by the thousands of child pornography images uploaded to the Web. 81 A. Keywords: calvert; cell; child; child pornography; children; conduct; court; hiestand; images; indiana; juvenile; law; laws; leary; minors; person; pornography; reg; sess; sexting; state; statute; supra note; teens; weins
• Front Matter by Law Review, Indiana (2011) - B.A., University of Evansville; J.D., Georgetown University Law School. LL.B., University ofIllinois College of Law; LL.M., Georgetown University Law School. Keywords: b.a; b.s; college; director; emeritus; indiana law; indiana university; indianapolis; j.d; law; law school; oflaw; professor; professor oflaw; review; state university; university; university law; university school
• A Tribute to Justice Theodore Boehm by Bepko, Gerald L. (2011) - The news release explained that the judge had appointed Ted Boehm to be the executor and that Ted had accepted the appointment. This appointment made sense to me not only because Ted Boehm is so talented, experienced, and wise, but because the appointment is another episode in a life ofextraordinary consequence—a life filled with a mixture ofprofessional achievements, leadership in a broad range of roles in his relevant communities, a repeated willingness to answer the call to service in his home state of Indiana, and a confidence-inspiring demeanor and wit which are hallmarks of Ted's exceptional life. Keywords: boehm; david; indiana; indianapolis; law; leadership; life; ted
• Professor Henry C. Karlson A Remembrance October 29, 2010 by Harvey, William F. (2011) - Indiana Law Review Henry C. Karlson Professor Henry C. Karlson* A Remembrance October 29, 2010 William F. Harvey** An email from Mr. Thomas Doehrman, President of the Indiana Trial Lawyers Association, said, I am very sorry to receive this news. Professor Henry C. Karlson taught for thirty-three years at Indiana University School of Law—Indianapolis. Keywords: henry; indiana; karlson; law; professor
• Judicial Strategy and Legal Reason by Keyes, Evelyn (2011) - Case law gives way to statutory law when the need for a uniform general law arises and a statute is promulgated and enacted, but case law is then invoked anew to concretize the application of the statute in particular cases and controversies. B. Traditional Judicial Analysis The essential difference between a traditionaljurist and a theory-drivenjurist is that rather than taking an active constructive approach to the law, a traditional judge decides cases on the understanding that the role of a judge is to further the purpose of the laws that the people themselves have made through their representatives and ratified by their consent or that have evolved through the incremental process of case law. Keywords: cases; constitution; dworkin; interpretation; judges; judgments; law; laws; moral; note; ofthe; principles; process; reason; reasoning; rules; supra; system; theory
• Wrongfully Incarcerated, Randomly Compensated—How to Fund Wrongful-Conviction Compensation Statutes by Mostaghel, Deborah (2011) - Compensation statutes do not seem to carry a high political cost, and they provide several advantages to states: states with compensation statutes can predict costs; they will not be surprised by large 182. These are basically the same requirements for bringing a claim under state compensation statutes. Keywords: ^^^; ann; case; claims; code; compensation; compensation statutes; conviction; conviction compensation; cost; court; crime; criminal; evidence; exoneree; government; innocence; justice; law; liability; note; ofthe; person; prosecutors; state; statutes; supra; supra note; system; theory; tort
• Who Needs Contract Law?—A Critical Look at Contractual Indemnification (or Lack Thereof) in FHAA and ADA "Design and Construct" Cases by Daugherty, Charles (2011) - But neither the FHAA nor the ADA explicitly prohibits parties from obtaining insurance coverage in such situations.^^^ It would be illogical for Congress to have allowed insurance companies to indemnify against FHAA and ADA liability while simultaneously disallowing contractual indemnification between construction project parties. To date, Indiana has not weighed in on whether the FHAA or ADA prohibits contractual indemnification between construction project parties. Keywords: acts; ada; archstone; congress; construction; contract; court; design; discrimination; fhaa; indemnification; indiana; law; liability; note; ofthe; parties; project; quality; states; supp; supra; supra note; united
• Growing Pains in Indiana Age Discrimination Law by Vlink, David T. (2011) - Presumably, most Indiana age discrimination plaintiffs choose to pursue their claims under the federal statute. The Problem As this Note has thus far demonstrated, Indiana treats age discrimination far less seriously than the types of discrimination covered by the ICRL, and it lags far behind other states in terms of the protection it affords older workers. Keywords: action; adea; age; age discrimination; civil; court; discrimination; employer; employment; federal; gross; indiana; lada; law; montgomery; n.e.2d; rights; state; u.s
• Front Matter by Law Review, Indiana (2011) - B.A., University of Evansville; J.D., Georgetown University Law School. Gerald L. Bepko, Indiana University-Purdue University—Indianapolis ChancellorEmeritus, Indiana University Trustee Professor and Professor ofLaw. Keywords: b.a; b.s; college; director; emeritus; indiana law; indiana university; indianapolis; j.d; law; law school; ll.m; oflaw; professor; professor oflaw; review; state university; university; university law; university school
• A Tribute to Professor Mary Mitchell by Mead, Susanah M. (2011) - The one exception to this is that virtually all students remember Mary's talk on how to maintain balance in law school. [Vol. 44:659 George Wright, Mary's great friend and colleague, pointed out to me that the feminist, activist Mary might bristle at being characterized as patient. Keywords: faculty; indiana; law; mary; school; students; teaching; tenure; years
• Mary Harter Mitchell by Wagman Roisman, Florence (2011) - Although we are taught that no person is indispensable, my experience with Professor Mitchell makes me question that proposition. These all are stellar qualities, but they are not qualities peculiar to Professor Mitchell. Keywords: committee; law; mitchell; professor; school
• Reflections on the Life of Mary Mitchell by Ruhtenberg, Joan M. (2011) - At her commemoration service, her family and friends scattered Mary's ashes under a tree planted in her honor at the First Friends Meeting—a perfect closure to the wonderful life of Mary Harter Mitchell. Indiana Law Review Reflections on the Life of Mary Mitchell Joan M. Ruhtenberg* [V]ariety ... is the greatest social good life can offer. Keywords: indiana; law; life; mary; mitchell; school
• The Poetry of Mary Harter Mitchell by Harter Mitchell, Mary (2011) - In other life, sighting a robin is something you can do, but in law school, it seems, you have to cite what someone who is not you has seen. In other life promises, covenants, can be deeply part of who we are; but here we make a brief-long study of broken promises by people — we don't know who they are, Party A, Party B, appellations — about widgets—^we don't know what they are. Keywords: indiana; law; love; mary; review
• Some Thoughts on the State of Women Lawyers and Why Title VII Has Not Worked for Them by Beiner, Theresa M. (2011) - Certainly, the future for women lawyers was very bright. This essay discusses why women lawyers have not been as successful in large firms. Keywords: court; ezold; firms; law; lawyers; mentoring; note; partners; school; supra; supra note; title; vii; women; women lawyers; work
• Front Matter by Law Review, Indiana (2011) - B.A., University of Evansville; J.D., Georgetown University Law School. LL.B., University ofIllinois College of Law; LL.M., Georgetown University Law School. Keywords: b.a; b.s; college; director; emeritus; indiana law; indiana university; indianapolis; j.d; law; law school; ll.m; oflaw; professor; professor oflaw; review; state university; university; university law; university school
• The "Turning-Out" of Boys in a Man's Prison: Why and How We Need to Amend the Prison Rape Elimmation Act by Robertson, James E. (2011) - ^^ Anecdotal evidence about the prevalence of prison rape is chilling and has been for many years. What we cannot blink away, commented Charles Fried a year later, is the astonishing prevalence [of prison rape] . . . Keywords: act; adult; age; boy; boys; cir; court; federal; inmates; justice; juvenile; law; male; man; men; note; ofthe; prea; prison; prison rape; prisoners; rape; rev; rights; sexual; state; supra; u.s; victim; victimization; violence
• The Changing Supreme Court and Prisoners' Rights by Smith, Christopher E. (2011) - Justice Thomas aspires to interpret the Constitution consistently according to the original intent ofthe Framers. Justice Thomas has articulated a new vision ofthe role of constitutional rights in corrections, or stated more accurately, the near-absence of a role of constitutional rights in prisons and jails. Keywords: ^^^; amendment; cases; chief; conditions; conservative; corrections; court; eighth; justice; justice stevens; justice thomas; law; majority; note; officials; opinion; prisoners; rehnquist; rights; roberts; scalia; smith; stevens; supra; supreme; supreme court; thomas; u.s
• Not in My Library: An Examination of State and Local Bans of Sex Offenders from Public Libraries by Ekblaw, Jennifer (2011) - ^'^ Sex offenders that do exemplify this stereotype are sexually violent predators (SVPs), the most dangerous class of sex offenders who exhibit a mental disease or defect or a behavioral abnormality.^^ However, instead of examining the efficacy of existing sex offender regulations and addressing their deficiencies,^^ government officials usually respond by adding more restrictions.^^ Because the label sex offender encompasses a wide variety of individuals,^^ it is difficult to create legislation strong enough to deter the worst offenders without excessively restricting those who are sex offenders because of a technicality. Keywords: ^^^; access; albuquerque; amendment; ann; bans; child; children; city; code; court; government; information; interest; internet; iowa; law; libraries; library; mass; new; note; ordinance; public; restrictions; safety; sex offenders; sexual; stat; supra; u.s; westlaw
• Indiana's "Three Strikes" Inmate Litigation Limitations: 2009 Legislation Does Not Hit a Home Run by Mulroony, Amanda L.B. (2011) - Litigants are able to petition Indiana courts to bring civil actions as indigents and be free from paying court fees or costs. Repealing the current Three Strikes Law, enacting legislation to address and limit any vexatious and frivolous filers, and requiring inmates to pay for their entire filing fee over time would empower Indiana courts; they would be able to handle frivolous litigation in a manner that deters frivolous filing but still enables all litigants to have their claims reviewed. Keywords: art; claims; clause; code; const; court; filing; indiana; inmate; law; litigation; ofthe; open; smith; state; strikes; strikes law; vexatious
• The Judiciary's Role in Economic Prosperity by Shepard, Randall T. (2011) - In an address at the Conference on the State ofthe Judiciary, aptly named Our Courts and Corporate Citizenship and sponsored by the Sandra Day O'Connor Project on the State Judiciary, Smith recounted stories from foreign courts of witnesses being thrown out of courthouses by defendants, lawyers being beaten at settlement meetings, police and court officers losing or destroying evidence before trial, and justice being purchased for $1000.^'' These problems make business transactions difficult and fortunately are unthinkable in the United States. Thus, when people think about how courts affect them, they think more about hot-button political issues and the ubiquitously reported criminal cases. Keywords: business; courts; economy; law; plaintiff; state
• Survey of Indiana Administrative Law by Rompala, Joseph P. (2011) - Because administrative agencies are involved in nearly every aspect of the modem legal state, they are confronted by a variety of legal issues in nearly every conceivable field of law. Scope and Effect of Agency Actions A. Breadth ofAgency Authority By nature, administrative agencies are statutory creations. Keywords: administrative; agency; appeal; board; case; commission; court; indiana; judicial; law; mat; n.e.2d; review; state
• Recent Developments in Indiana Business and Contract Law by Dorelli, Michael A.; Scaletta, Phillip T. (2011) - Further, courts have pierced a corporate veil to find an individual liable even where the individual was not a shareholder/member ofa corporation/company. However, where the contracting parties agreed that a forfeiture should take place upon the failure of one of the parties to the contract to comply with a material part thereof, courts will decree a forfeiture.^^^ Keywords: "^^; ^^^; action; app; appeals; breach; business; city; contract; court; damages; economic; inc; ind; indiana; law; loss; market; mat; n.e.2d; shareholder; trial court; value
• Indiana Constitutional Developments: A Quiet Year by Laramore, Jon (2011) - A defendant convicted of a lesser included offense cannot be retried on the greater offense without violating double jeopardy principles under Indiana law. Indiana Law Review Indiana Constitutional Developments: A Quiet Year Jon Laramopie* The most noteworthy aspect of developments in Indiana constitutional law during the survey period may be the absence oftruly noteworthy developments. Keywords: appeals; court; ind; indiana; law; mat; n.e.2d; search; state; trial
• Recent Developments in Indiana Criminal Law and Procedure by Schumm, Joel M. (2011) - Id at 1288 (quoting Kennedy v. State, 280 N.E.2d 611, 620-21 (Ind. 1972) (noting that jurors' respect for trial courts can lead them to accord great and perhaps decisive significance to the judge's every word and intimation)). See supra Part II.A (discussing bail appeals); accord Anglemyer v. State, 868 N.E.2d 482, 491 (Ind. 2007) (requiring trial courts to enter a statement including reasonably detailed reasons or circumstances for imposing a particular sentence); Brown v. State, 703 N.E.2d 1010, 1020 (Ind. 1998) (encouraging factual findings regarding serious evidentiary disputes in the jury 1 148 INDIANA LAW REVIEW Keywords: app; appeals; case; court; criminal; defendant; evidence; ind; indiana; law; mat; n.e.2d; sentence; state; supreme; supreme court; trial
• 2009-2010 Environmental Law Survey by Thomas, Seth M.; Calhoon, Victoria; Smith, Freedom S.N.; Andres, Jennifer; Krahulik, Angela (2011) - [Vol. 44:1165 granted partial summaryjudgment on these grounds, the insurers appealed.^^^ The court of appeals acknowledged that Indiana courts have traditionally followed Restatement (Second) of Conflict of Laws when confronted with a choice oflaw issue.^^^ The Restatement uses a multi-factor test to decide a choice of law issue.^^^ With regard to contract cases, [t]he rights and duties of the parties ... are determined by the local law of the state which, with respect to that issue, has the most significant relationship to the transaction and the parties. ^^^ Despite the prior precedent, the court ofappeals reasoned that Indiana courts did not explicitly reject the site-specific approach that some states have applied to multi-state contract cases.^^^ The court reasoned that if it applied a site-specific approach, the parties [will] know in advance which law will apply, the insurer can quantify its risk, the insured will know it has coverage, and the court need not concern itself with the [Restatement' s] . . . Keywords: ^^^; action; appeals; case; cercla; claim; class; co.; corp; court; district; environmental; epa; fusee; inc; indiana; kraft; law; mat; mervis; n.e.2d; order; property; rule; shell; site; standard; state; u.s
• Recent Developments in Indiana Evidence Law October 1, 2009 - September 30, 2010 by Sweeney, Paul C.; Boulukos, Emmanuel V.R. (2011) - The court explained that Rule 702 does not apply at sentencing hearings but noted that due process considerations nevertheless compel trial courts to disregard unreliable evidence in making sentencing decisions. Luna was accused of molesting T.P., his stepdaughter, at the time of the alleged crimes.^^^ The State appealed on a reserved question of law under Indiana Code section 35-38-4-2(4), which allows the State to obtain opinions oflaw which shall declare a rule for the guidance of trial courts on questions likely to arise again in criminal prosecutions. Keywords: ^^^; app; appeals; case; conviction; court ofappeals; defendant; error; evidence; expert; hearsay; indiana court; issue; law; mat; n.e.2d; review; rule; state; supreme court; testimony; trans; trial court; victim; witness
• Recent Developments in Family and Matrimonial Law by Rudis, Kathleen E.; Kohlhaas, Michael R.; Reed, James A.; McGoff, Kevin P. (2011) - Id 2011] FAMILY AND MATRIMONIAL LAW 1277 of $1473 per month and that arrearages continued to accrue on that amount.^^^ Further, the Indiana court acted within its discretion to modify the means by which that child support obligation was enforced.^^^ Justice Boehm noted that [t]he trial court is entitled to fashion its order in a manner best designed to encourage compliance. The section then continues by reviewing noteworthy cases on the topic of child support and the Guidelines. Keywords: ^^^; adoption; child; child support; children; custody; father; guidelines; husband; indiana court; law; mat; mother; n.e.2d; order; paternity; time; trial court
• Survey of Recent Developments in Health Care Law by Hall, Render, Killian, Heath & Lyman, P.C., (2011) - This hospital had a hospital agreement with HMHS since April 2005, pursuant to which the hospital agreed to become a participating hospital and provide health care services for beneficiaries designated as eligible to receive benefits under the agreement between HMHS and TRICARE in accordance with the TRICARE rules, regulations, policies and procedures.^^^ Indiana Law Review Survey of Recent Developments in Health Care Law Hall, Render, Killian, Heath & Lyman, P.C. Introduction Arguably, no other period since the adoption of the Social Security Act in 1965 has seen more developments in health care law than 2009-10. Keywords: act; business; c.f.r; care; care act; disclosure; entity; federal; health; health care; health information; health law; hospital; indiana; individual; information; law; medicare; new; ofthe; patient; phi; physician; ppaca; privacy; program; protection; requirements; review; rule; section; services
• Survey of Recent Developments in Insurance Law by Shoultz, Richard K. (2011) - In his complaint, the plaintiff alleged that Affirmative owed him underinsured motorist coverage because of the accident.^ The other motorist initially received liability insurance coverage through a policy issued to the vehicle's owner.^ Commercial General and Farm Liability Cases A. Indiana Supreme Court Concludes That Insured Contractors Are Entitled to Coverage Under General Liability Insurance Policyfor Faulty Workmanship Claims The Indiana Supreme Court addressed an important insurance coverage question on whether insured builders have liability insurance coverage for alleged faulty workmanship when it decided Sheehan Construction Co. v. Continental Casualty CoJ^ In deciding this case, the supreme court rejected a number of Indiana Court of Appeals decisions that had concluded that no coverage was available under a general liability policy for claims to repair or replace an insured's faulty workmanship.^^ Keywords: company; court; coverage; ind; indiana; insurance; insured; law; liability; motorist; n.e.2d; policy
• Developments in Intellectual Property Law by Brown, Christopher A. (2011) - The rules of practice in patent cases provide that Each individual associated with the filing and prosecution of a patent application has a duty ofcandor and good faith in dealing with the [PTO] . . . Solo also took fiirther steps to indicate that products may be covered by noted patents on the advice of counsel.^^ Under these facts, the district court found that Solo had rebutted the presumption of intent that arises from falsely marking with knowledge of the falsity.^^ Keywords: application; case; circuit; court; ebay; federal; inc; law; patent; pto; statute; tiffany
• Survey of Recent Developments in Indiana Product Liability Law by Alberts, Joseph R.; Thornburg, Robert B.; Buttrick, Hilary G. (2011) - Library v. Charlier Clark & Linard, P.C., 929 N.E.2d 722 (Ind. 2010) (applying economic loss doctrine to services as well as products); White- Rodgers v. Kindle, 925 N.E.2d 406 (Ind. Ct. App. 2010) (addressing discovery ofexpert materials in product liability case). It adds to the ever-growing body of Indiana case law applying negligence principles to product liability cases involving claims of defective design(s) and discussing the importance of establishing the existence of feasible alternative design(s). Keywords: case; claims; code; court; defect; design; evidence; inc; ind; indiana; ipla; law; liability; manufacturer; n.e.2d; plaintiff; product; product liability; section
• Recent Developments in Real Property Law: October 1, 2009 - September 30, 2010 by Reddick, Marci A. (2011) - Mat 1156-57. 2011] PROPERTY LAW 1431 done in conjunction with defending the Clarks' claim.^^ Subsequently, the Sebos filed a motion for recusal and a motion to reconsider errors arguing that the Christys should not have been awarded attorneys' fees defending the Clarks' adverse possession claim or their breach ofwarranty claim against the Sebos.^^ The case was transferred to the Morgan Superior Court, and that court set aside the original award of attorneys' fees and costs.^^ At the subsequent damages hearing, the court gave the Christys summaryjudgment but held that they should not receive attorneys' fees under the purchase agreement.^^ On appeal, the court observed that the settlement of the dispute between the Christys and the Clarks concerning the Clarks' adverse possession claim had nothing to do with the question of whether the Sebos breached the warranty of title to the Christys.^^ For instance, courts in Maryland and Texas held that an agent was not the title insurance company's agent for closing a transaction unless the agreement between the agent and the title insurance company establish[ed] an agency relationship for purposes ofsettling and closing activities undertaken by that title agent.^^^ Keywords: agreement; annexation; case; city; claim; court; easement; evidence; indiana; law; mat; mortgage; n.e.2d; notice; ofthe; owners; possession; property; public; title; trial court; use

• A Tribute to Randall T. Shepard Justice, Indiana Supreme Court, 1985-2012 Chief Justice of Indiana, 1987-2012 by Dickson, Brent E. (2012) - (eliminating cases of life imprisonment and imprisonment greater than fifty years from the court’s mandatory jurisdiction). 2012] CHIEF JUSTICE RANDALL T. SHEPARD 591 judges to provide ongoing fair and equitable treatment, which resulted in a major restoration of judicial morale and productivity.26 Any reflection on the contributions of Chief Justice Randall Shepard would be incom plete without recognizing his significant national influence and leadership. As a profound visionary with great passion for Indiana judicial excellence; an abiding concern and respect for the citizens whose lives may be affected by the judiciary; a thorough understanding and appreciation for the role and responsibilities of the judiciary as one of the three co-equal branches of government; a deeply embedded personal civility, decency, and integrity; an enormous intellect; and an uncanny gift for inspiring, encouraging, and motivating colleagues and staff to undertake and achieve substantial accomplishments, Chief Justice Randall Shepard has dramatically exceeded his goal of building Indiana’s judiciary into “a system of justice that befits a great nation.” Keywords: ind; indiana; justice; l. rev; n.e.2d; randall; randall t.; rev; shepard; t. shepard
• Net Income with Make-Up Charitable Remainder Unitrusts and the Trustee’s Power to Adjust under Indiana’s Uniform Principal and Income Act by Batson, Jr., Ted R. (2012) - Trust income in excess of the stated annuity amount or the annual14 unitrust amount must be added to the trust’s principal.15 A C RT created in conformity with I.R.C. § 664 is exempt from tax unless16 it has unrelated business taxable income. The Intersection of Federal Income Tax Law and State Principal and Income Law.— Treasury Regulation section 1.664-3(a)(1)(i)(b)(3) states that “trust income generally means income as defined under [I.R.C. §] 643(b) and the applicable regulations.” Keywords: accounting income; code; crut; income; income act; indiana; nim; nim crut; power; principal; remainder; section; tax; trust; trust income; trustee
• An Examination Of The Indiana Supreme Court Docket, Dispositions, And Voting In 2011 by Crandley, Mark J.; Stephenson, P. Jason; Peabody, Jeff (2012) - (Dickson, J.); McCabe v. Comm’r, Ind. Dep’t of Ins., 949 N.E.2d 816 (Ind. 2011) Ind. Dep’t of State Revenue v. Belterra Resort Ind., LLC, 942 N.E.2d 796 (Ind. 2011). Keywords: cases; court; ind; indiana; justice; n.e.2d; opinions; shepard
• Developments in Indiana Appellate Procedure: Rule Amendments, Remarkable Case Law, and Court Guidance for Appellate Practitioners by Babb, Bryan H.; Harton, Oni (2012) - Appellate Rule 11, pertaining to duties of the court reporter, allows court reporters to use their discretion when “the court reporter believes the transcript cannot be filed within the time period prescribed by this rule, then the court reporter shall move . . . I. RULE AMENDMENTS The Indiana Supreme Court issued its Appellate Rule amendments on September 20, 2011.1 The court substantively amended Appellate Rules 2, 9, 10, 11, 14, 14.1, 15, 16, 23, 24, 25, 46, 62, and 63.2 The court also made changes to Forms 9-1, 9-2, 14.1-1, 15-1, 16-1, and 16-2 in accordance with the rule changes.3 These amendments took effect on January 1, 2012 and may be categorized as notice of appeal, trial court clerk or administrative agency service of documents, expedited appeal, appearances, general provisions, and supreme court proceedings. Keywords: appeal; appellant; appellate; court; ind; indiana; n.e.2d; notice; rule; trial
• Merit Selection and Diversity on the Bench by Myers, K. O. (2013) - III. DIVERSITY IN STATE COURTS Overall, state court judges are still overwhelmingly white and male. This kind of selection system,7 which uses merit selection for appellate courts and elections for trial courts, is fairly common among what are regularly thought of as “merit selection states.” Keywords: bench; courts; diversity; indiana; judges; judicial; note; selection; state; supra
• Recent Developments in Indiana Evidence Law October 1, 2011 – September 30, 2012 by Sweeney, Paul C.; Boulukos, Emmanuel V.R. (2013) - Thus, the court of appeals concluded that “[t]he trial court was within its discretion in determining that the probative value of [the photo] outweighed its prejudicial effect. [Vol. 46:1099 defendants’ motion for summary judgment asserting, in part, that “[t]he trial court abused its discretion in excluding Dr. Loeb’s affidavit on the grounds that he participated in the Medical Review Panel and Defendants were not parties to those proceedings. Keywords: appeals; case; child; court; defendant; error; evidence; expert; ind; indiana; issue; n.e.2d; rule; state; statement; testimony; trans; trial court; witness
• The Use of “Therapy Dogs” In Indiana Courtrooms: Why a Dog Might Not Be a Defendant’s Best Friend by Bowers, Sarah V. (2013) - A recent phenomenon is happening in courtrooms across this country: therapy dogs accompanying witnesses to the stand.1 Although currently the typical use of therapy dogs is in child sexual abuse cases, it is important to note that therapy dogs have also accompanied others, including adults to the stand. Keywords: child; court; courthouse; defendant; dog; dogs; indiana; jury; note; presence; supra; therapy; therapy dog; trial; use; witness; witnesses
• Purposeful Un-Availment: Why a Justice Brennan Approach to Personal Jurisdiction Would Save Indiana from the Problems of Nicastro by Hanson, Spenser K. (2013) - The next major personal jurisdiction case did not come through the Supreme Court until 1977, when Shaffer v. Heitner was decided.52 Shaffer rid the landscape of in rem and quasi in rem jurisdiction and held that all assertions of state court jurisdiction must be evaluated according to the minimum contacts standard set by International Shoe.53 The next major personal jurisdiction case to come through the Supreme Court, Burger King Corp. v. Rudzewicz,75 was the only time in Justice Brennan’s long line of personal jurisdiction cases in which he wrote the majority opinion; however, he still held true to his consistent concerns of fairness, foreseeability, and forum state interests. Keywords: brennan; case; commerce; court; defendant; forum; indiana; jurisdiction; justice; justice brennan; nicastro; opinion; plurality; process; state; stream; u.s
• Children and the Duty to Report: The Double Standard of Child Abuse and Anti-Bullying Laws by Park, Christopher (2015) - However, despite the effectiveness of child abuse reporting laws, these laws have also been criticized.209 The proposed mandatory reporting duty for bullying aims to address these criticisms while preserving the effectiveness of mandatory child abuse reporting laws. ”149 In sum, although mandatory child abuse reporting laws have been criticized,150 these laws have resulted in a large number of substantiated investigations by CPS agencies151 and raised awareness of the problem of child abuse.152 This has allowed statistics to be gathered, research to be presented, and laws to be adjusted in response to this research. Keywords: abuse; bullying; child; child abuse; children; code; duty; health; indiana; laws; note; report; reporting; school; states; supra; supra note; u.s
• Developments in Indiana Appellate Procedure: Rule Amendments, Remarkable Case Law, and Court Guidance for Appellate Practitioners by Babb, Bryan H; Dick, Bradley M (2015) - The motions panel denied the State’s motion, but it raised the issue again in its appellee’s brief.74 The court of appeals, relying on Haste, held that until a trial court orders restitution the sentence is not a final judgment under Appellate Rule 2(H)(1), so Appellate Rule 9(A)(1)75 does not allow the defendant to appeal.76 After determining that the defendant’s appeal should be dismissed, the court admonished trial courts not to delay making restitution orders, in part because the “trial court is still subject to the ninety (90) day time limitation in Indiana Trial Rule 53.2 (‘the lazy judge rule’).”77 The supreme court granted transfer and decided that the court of appeals should not have dismissed because of the “particular circumstances” of Alexander’s case.78 But when J.M. was published in West’s Northeastern Reporter, the footnote had changed to provide that courts would only keep parties confidential upon an “affirmative request. Keywords: appeal; appellate; court; ind; indiana; n.e.2d; order; rule; supreme; trial
• Recent Developments in Indiana Family Law by Ryznar, Margaret (2015) - The state statutes and published cases surveyed in this Article concern the parenting time guidelines, parental rights, adoption, relocation and child custody, child support, educational support orders, disposition of property and maintenance upon divorce, and mediation. 978 N.E.2d 30 (Ind. Ct. App.2013). 2014] FAMILY LAW 1105 had continuing, exclusive jurisdiction over a child support order entered in that court if either parent or one of their children resided in that state or until mutual written consent was given to another state’s exercise of jurisdiction.143 The court also held that the father was entitled to a hearing in the lower court on whether the state’s courts retained jurisdiction over child support matters following the transfer to another state of child custody and parenting time issues.144 Keywords: appeals; child; court; father; ind; indiana; indiana court; n.e.2d; support; trial
• Developments in Professional Responsibility by Ziepolt, Patrick; Christensen, Margaret (2015) - Readers may remember (1) the lawyer who wrote a tell-all book about a former client;1 (2) the lawyer who distributed flyers about “bloodsucking shylocks”;2 or (3) the law firm partner who sent a fake e-mail to humiliate an associate that spurned his romantic advances.3 These cases—and several less scandalous examples—remind all lawyers of their ethical obligations to clients, courts, and other lawyers. The opinions expressed herein are solely those of the authors and not those of the Indiana Law Review or other lawyers at Bingham Greenebaum Doll. 1. Keywords: case; client; commission; conduct; court; ind; indiana; justice; lawyer; n.e.2d; practice; respondent; rules; supreme
• Empirically Measuring the Impact of Photo ID Over Time and Its Impact on Women by Pitts, Michael J. (2014) - First, is that photo identification laws are in some ways in their toddler years, having only first appeared anywhere on the landscape in 2006, and only becoming much more widespread after the 2010 mid-term elections.3 Second, is that it can be difficult to determine the amount of actual disfranchisement caused by photo identification laws.4 Most studies (and expert testimony in litigation) offer statistics about the potential for disfranchisement by attempting to measure how many potential voters do not have valid photo identification.5 Other studies purport to measure the turnout effect of voter identification laws but such studies may well be unreliable about gauging a photo identification law’s impact.6 Other potential studies, such as post-election surveys about the reasons for not voting that specify lack of valid identification as the sole cause of not voting, do not appear to exist. The 2012 Presidential election cycle featured the high-profile adoption of and litigation related to photo identification laws from Pennsylvania to Texas to South Carolina.1 Keywords: ballots; cast; county; data; disfranchisement; election; hava; identification law; impact; indiana; lack; laws; number; persons; photo identification; state; supra; total; voter; women
• The First Twenty Years of Rule of Evidence 702 and the Current State of Expert Testimony in Indiana by Bradford, Cale J. (2015) - Coincidentally, the United States Supreme Court decided the landmark Federal Rule 702 case of Daubert v. Merrell Dow Pharmaceuticals, Inc., approximately six months before Indiana Rule 702 became effective.14 In Daubert, the United States Supreme Court determined that the Frye “general acceptance” standard for scientific expert testimony had been superseded by the adoption of the Federal Rules of Evidence.15 After noting that Federal Rule 702 said nothing about “general acceptance,” the Daubert Court concluded that: Faced with a proffer of expert scientific testimony, then, the trial judge must determine at the outset . . . The Indiana Supreme Court tackled the same question, in the context of Indiana Rule 702, four years later.33 In Malinski v. State, Malinski argued that certain non-scientific evidence was admitted against him erroneously because it did not satisfy the requirements of Daubert, which he contended were made applicable to all expert evidence by Kumho Tire.34 The Malinski court, however, declined to adopt Kumho’s reasoning, noting that Indiana Rule 702 required only that scientific expert testimony be found reliable and, again, that federal law regarding the Federal Rules of Evidence are not binding on the states.35 Overall, however, the effect of all of this, at least as far as the Indiana Supreme Court is concerned, is to allow in more expert testimony rather than 25. Keywords: cases; court; evidence; expert; indiana; n.e.2d; rule; testimony
• Developments in Indiana Appellate Procedure: Rule Amendments, Remarkable Case Law, and Court Guidance for Appellate Practitioners by Babb, Bryan H.; Dick, Bradley M. (2015) - F:\29268 Ind Law Rev 48-4\48 masthead.wpd DEVELOPMENTS IN INDIANA APPELLATE PROCEDURE: RULE AMENDMENTS, REMARKABLE CASE LAW, AND COURT GUIDANCE FOR APPELLATE PRACTITIONERS BRYAN H. BABB* BRADLEY M. DICK** INTRODUCTION The Indiana Supreme Court promulgates the Indiana Rules of Appellate Procedure (“Appellate Rules” or “Rules”), and Indiana’s appellate courts—the Indiana Supreme Court (“Supreme Court”), the Indiana Court of Appeals (“Court of Appeals”), and the Indiana Tax Court—interpret and apply the Rules. Press Release, Indiana Supreme Court, Brent E. Dickson Steps Down as Chief Justice of Indiana (Jun. 11, 2014), available at http://www.in.gov/activecalendar/EventList.aspx?fromdate =1/1/2014&todate=12/31/2014&display=Year,Month&type=public&eventidn=174972&view= EventDetails&information_id=202317&print=print, archived at http://perma.cc/9GKL-PX63. Keywords: appeal; appellate; court; ind; indiana; n.e.3d; order; rule; state; supreme; trial; trial court
• Recent Developments in Indiana Evidence Law: October 1, 2013 to September 30, 2014 by Dutton, Yvonne M. (2015) - ’”243 Further, although Indiana courts had not yet addressed a Confrontation Clause challenge in the return of service context, other courts have concluded that a defendant’s Sixth Amendment rights are not violated when such documents are admitted into evidence.244 Finding these cases instructive, the court concluded that the primary purpose of the return 232. ’”263 This type of circumstantial evidence, the court said, was what other courts facing similar issues had found sufficient to authenticate email and text messages.264 Here, too, the court of appeals found that there was sufficient circumstantial evidence to authenticate the text and email messages and link them to the defendant.265 Specifically, witness testimony showed that meetings with the defendant were arranged by text and 255. Keywords: appeals; court; defendant; evidence; ind; indiana; rule; state; testimony; trial; trial court
• Survey of the Law of Professional Responsibility by Witte, G. Michael (2015) - 33 The Indiana Supreme Court had to decide if it should apply this high standard of subjectivity in lawyer discipline cases where a lawyer is accused of making recklessly false statements about a judge, or if it should apply an objective standard tied to the reasonable lawyer test in lawyer discipline cases. However, are lawyer comments about a judge under the scrutiny of the Rules of Professional Conduct? Keywords: attorney; conduct; court; ind; indiana; judge; lawyer; n.e.2d; prof’l; rule; statements
• Survey of Recent Reported Cases in Real Property Law by Crist, Brian C.; Aft, Aaron; Touney, Gregory C. (2015) - Since the Assessor waited until mid-December to raise an objection to this procedural defect and had numerous communications with the Tax Court following the mid-September deadline, the Tax Court found that the Assessor waived its objection to the timeliness of property owners’ administrative record request.138 D. Challenging an Assessment Based Upon Lack of Uniformity and Equality In Thorsness v. Porter County Assessor,139 the Tax Court considered the burden of proof and sufficiency of evidence required for a property owner’s appeal of a property assessment based upon a lack of uniformity.140 Thorsness arose out of a property owner’s challenge to the March 1, 2007 assessment of his residential property for $1,647,800, even though property owner had purchased the residential property for $1,650,000 on January 31, 2007.141 Property owner appealed this assessment to the county property tax assessment board on the basis that the assessment did not comply with the “uniform and equal” mandate of Indiana’s constitution, which appeal was denied.142 Before the Indiana Board, the property owner argued that his property was assessed at 99.9% of its sale price while six other residential properties in the same area had been assessed at an average of 79.5% of their recent sales prices. [Vol. 48:1395 deduction of property taxes as an expense was correct under generally accepted appraisal standards or why application of a twenty percent capitalization rate was appropriate.125 Lastly, the Tax Court determined that the property owner’s market data approach lacked probative value because the property owner failed to submit any evidence to explain how he calculated the valuation of comparable properties and structures.126 The Tax Court affirmed the Indiana Board’s final determination upholding the original $274,500 assessment as the property owner had offered no probative evidence that the original assessment was wrong.127 C. Indiana Tax Court Rule 3 Objections In Jones v. Jefferson County Assessor,128 the Tax Court considered whether an assessor’s failure to object to a property owner’s failure to file a request for a copy of an administrative record pursuant to Indiana Tax Court Rule 3 should bar a subsequent motion to dismiss filed by an assessor.129 Jones arose from property owners’ appeal of their residential real property assessments for the 2008 and 2009 tax years to the Indiana Board.130 After the Indiana Board issued a final determination upholding the original assessment, the property owners filed an appeal with the Tax Court challenging the decision.131 The Jefferson County Assessor’s (the “Assessor”) attorney filed his appearance and answer, and the Tax Court held a telephonic case management conference and ordered the parties to submit their briefs on the merits of the case.132 Property owners timely filed their initial brief, and the Assessor filed a motion to dismiss along with a response brief.133 However, instead of addressing the merits of the case, the Assessor’s brief argued that the motion to dismiss should be granted, because property owners did not timely request the Indiana Board to prepare a certified copy of its administrative record as required under Indiana Tax Court Rule 3.134 The Tax Court held that the Assessor waived its objection to property owners’ failure to timely request the administrative record.135 In this instance, property owners failed to timely request that the Indiana Board prepare a certified copy of the agency record by mid-September as required under Indiana Tax Court Rule 3.136 The Tax Court noted that “[t]hrough a series of cases, the Indiana Supreme Court has held that a failure to timely file the administrative 125. Keywords: appeals; assessment; assessor; company; county property; creditor; evidence; fountain property; indiana; indiana board; indiana code; indiana law; judgment; land; landlord; lease; motion; n.e.3d; notice; owners; property law; property owner; property tax; purchaser; sale; tax assessment; tax court; tenant; trial court; use; value
• The Lingering Life of Lead Pollution: An Environmental Justice Challenge for Indiana by Waterhouse, Carlton M.; Smith, Ravay (2015) - Its purpose is to5 eliminate childhood lead poisoning. Part III examines Indiana’s past efforts to address childhood lead poisoning and their effectiveness, while Part IV presents law and policy options to eradicate childhood lead poisoning in the near future. Keywords: blood; childhood; childhood lead; children; environmental; health; indiana; lead; lead poisoning; note; paint; poisoning; prevention; public; state; supra
• Front Matter by Law Review, Indiana (1974) - Send all correspondence to Business Manager, Indiana Law Review, Indi- ana University Indianapolis Law School, 735 West New York Street, Indi- anapolis, Indiana 46202. Indiana Law Review VOLUME 7 1974 NUMBER 5 INDIANA LAW REVIEW ARTICLE Section 235 Housing: One Empirical Study with Recom- mendations FOR THE Future Anne C. Sing67% Everett E. Landon, and Janet E. Graham 773 COMMENT Congress and the Presidency and the Impeachment Power Edwin McWhinney 833 NOTES The Proposed New Bankruptcy Act 852 Appellate Review of Circumstantial Evidence in In- diana Criminal Cases 883 Presidential Power to Make War 900 The Indiana Law Review is the property of Indiana University and is published six times yearly, November, December, January, March, April, and May, by the Indiana University Indianapolis Law School which assumes complete editorial responsibility therefor. Keywords: indiana
• Judicial Slating in Marion County, Indiana: Defending Its Constitutionality While Advocating Reform by Bradford, Cale Addison (2016) - 2016] JUDICIAL SLATING IN MARION COUNTY, INDIANA 513 attendant ‘smoke-filled rooms’ and domination by party leaders, have long been an accepted manner of selecting party candidates.” Marion County judicial candidates, like every other candidate in Indiana, choose their own path and by choosing to seek the party’s endorsement, they accept the risk of later exclusion from the general election. Keywords: candidates; county; court; election; general; indiana; judges; marion; marion county; note; party; process; report; slating; state; supra; supra note; system; voters
• Criminal Law and Procedure by Kerr, William A. (1974) - Five months later, a third state- ment appeared in the case of Stuck v. State.70 In this opinion, the Indiana Supreme Court asserted that [cllearly and undeniably the United States Constitution provides that arrests and searches shall 669 (Ind. Ct. [Vol. 8:137 of the same courts.28 For example, in Sanchez v. State,29 sl case de- cided after the three Indiana Supreme Court cases discussed above, the defendant was arrested without a warrant when an officer ob- served the defendant using narcotics. Keywords: app; appeals; case; court; defendant; district court; ind; indiana; n.e.2d; state; statute; supreme court; trial; v. state
• Evidence—Civil by Seidman, Marshall J. (1974) - The court enumerated a test for harmless error : assuming similar trial court circumstances, except the reversal of the evidentiary ruling, would the result have been different? H. Conclusion The past year demonstrated a slow but visible advance by the appellate courts of Indiana toward allowing trial judges greater discretion in evidentiary matters ; a refusal to overturn even errone- ous evidentiary decisions unless such evidence compelled a result different from that which would have been reached had the erro- 43300 N.E.2d 889 (Ind. Ct. Even if evidence is erroneously admitted, the appellate courts pre- sume that trial judges, because of their experience, would ade- quately consider the propriety and weight of all of the evidence and would not rely on the erroneously admitted evidence in making their findings of fact and in drawing their conclusions of law. Keywords: case; court; evidence; indiana; judge; n.e.2d; plaintiff; rule; state; trial; witness
• Insurance by Frandsen, G. Kent (1974) - Of greatest interest to the insurance industry is the fact that the court in Jeffries apparently recognized that proper draftsman- ship might avoid the problem altogether, either by having the sepa- rability clause by its express terms not apply to UMC,36 or by mak- ing it clear that the limits of liability are absolute irrespective of the number of vehicles insured under the policy.37 C. Other Insurance Clauses Cumulative coverage in automobile liability insurance policies has produced its own Alphonse and Gaston act.38 Not infrequently, claims arise when A while driving B's automobile negligently causes injury to C. The trial court made a specific finding that the insurer had, through its agent, knowingly perpetrated a fraud on the plaintiff by substituting another contract of insurance for the contract of insurance entered into and by denying insurance coverage for acci- dental death. Keywords: app; co.; court; ind; indiana; insurance; insured; n.e.2d; policy
• You're on Candid Camera: The Need for Indiana to Protect Citizens' Rights to Record Police by Deweese, J. Michael (2016) - ”35 T his Note advocates for a statute directly allowing citizens to record police officers in the line of duty, which will help safeguard a constitutionally-protected right of citizens, shield cities and police officers from unnecessary lawsuits, and help repair police-citizen relationships. In64 addition, the Orlando Police Department has adopted new policies to deal with the issue of police officers being recorded by citizens while carrying out their duties. Keywords: activity; amendment; circuit; citizens; court; glik; indiana; king; officers; police; police officers; public; record; recording; right; statute
• Most Favored Nation Clauses in Self-Funded Health Insurance Policies: A Useful Tool Still Available to Indiana Employers by Young, James Drew (2016) - Fully Insured v. Self-Funded Health Insurance Plans.—There are two general categories of health insurance plans available to employers: fully insured health insurance policies and self-insured or “self-funded” health insurance 53. 68 Conversely, self-funded health insurance policies are health insurance plans in which “the risk [of catastrophic claims] is borne by the employer.” Keywords: antitrust; blue; care; employer; erisa; health; health insurance; indiana; insurance; mfns; plan; provider; state; statute
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 2015 by Crandley, Mark J.; Peabody, Jeffrey M. (2016) - Indiana Supreme Court Justice Brent Dickson Retiring in April, INDIANAPOLIS STAR (Jan. 11, 2016), http://www.indystar.com/story/news/politics/2016/01/11/indiana-supreme-court-justice- brent-dickson-retiring-april/78633916/ [https://perma.cc/485B-Y655]. ** Partner, Barnes & Thornburg LLP, 2005-present; Assistant Corporation Counsel, City of Indianapolis 2004-2005; Law Clerk for Justice Frank Sullivan, Jr., Indiana Supreme Court, 2000- 2001; B.A., 1995, Indiana University, Bloomington; J.D., 2000 Indiana University Maurer School of Law, Bloomington. Keywords: cases; court; dickson; ind; indiana; justice; n.e.3d; number; opinions; table
• Developments in Indiana Appellate Procedure: Rule Amendments, Remarkable Case Law, and Court Guidance for Appellate Practitioners by Babb, Bryan H.; Dick, Bradley M. (2016) - D ICK ** INTRODUCTION The Indiana Supreme Court promulgates the Indiana Rules of Appellate Procedure (“Appellate Rules” or “Rules”), and Indiana’s appellate courts— the Indiana Supreme Court (“Supreme Court”), the Indiana Court of Appeals (“Court of Appeals”), and the Indiana Tax Court— interpret and apply the Rules. he Indiana Supreme Court issued a second order amending the Appellate Rules on August 17, 2015, effective January 1, 2016. Keywords: appeals; appellate; court; indiana; indiana court; n.e.3d; notice; rule; supreme; supreme court; trial; trial court
• Workmen's Compensation by Vargo, John F. (1974) - 2Although the court refers to the relationship of Austin and Motor Dis- patch as dual employers or co-employers, this may be somewhat inaccurate. For example, Indiana Code section 22-3- 3-31 provides that, absent any arrangement, dual employers are liable for an amount proportional to the wages which they pay to the employee.9 Keywords: compensation; court; employer; ind; indiana; workmen
• Recent Developments in Indiana Evidence Law: October 1, 2014 to September 30, 2015 by Dutton, Yvonne M. (2016) - 77 C. Evidence of Rape Victim’s Character (Rule 412) The Indiana Supreme Court considered the intersection between Indiana Rule of Evidence Rule 412 and the Sixth Amendment confrontation right in Hall v. State. Finally, the court145 urged trial courts to consider a variety of relevant factors in making the determination to admit or exclude extrinsic evidence, such as the availability of the witness, the potential prejudice that may arise from recalling a witness only for impeachment purposes, the significance afforded to the credibility of the witness who is being impeached, and any other factors that are relevant to the interests of justice.146 Keywords: app; court; defendant; evidence; ind; indiana; n.e.3d; rule; state; statement; testimony; trial; trial court; victim; witness
• Recent Developments in Indiana Family Law: October 2014 to September 2015 by Ryznar, Margaret (2016) - PROPERTY D IVISION D uring the survey period, Indiana courts decided a few cases related to the property division between spouses upon divorce. ”131 In sum, Indiana courts decided a wide variety of family law cases during the survey period of October 1, 2014 to September 30, 2015. Keywords: app; child; court; father; ind; indiana; n.e.3d; visitation
• A Review of 2015 Lawyer Discipline Matters by Witte, G. Michael (2016) - Instead, the Indiana Supreme Court4 suspended the lawyer’s license indefinitely.5 For Indiana lawyers, the sanction of disbarment is permanent. For example, a8 9 disbarred Illinois lawyer retains the ability to seek reinstatement to the bar after serving five years of the disbarment.10 In the two-year span from July 2013 through July 2015, seven Indiana11 lawyers received the ultimate sanction from the Indiana Supreme * Executive Secretary, Indiana Supreme Court Disciplinary Commission; J.D., 1982, Indiana University Robert H. McKinney School of Law. Keywords: client; conduct; court; discipline; ind; indiana; keaton; lawyer; misconduct; n.e.2d; professional; rule; stochel
• Survey of Recent Reported Cases in Real Property Law by Crist, Brian C.; Aft, Aaron; Touney, Gregory C. (2016) - Four, LLC v. Grant County Assessor, the Indiana Tax Court considered whether a retroactive assessment of former agricultural land was permissible and whether documents mailed to a taxpayer by the county assessor comported with statutory notice requirements for assessments. SURVEY OF RECENT REPORTED CASES IN REAL PROPERTY LAW BRIAN C. CRIST* AARON AFT** GREGORY C. TOUNEY *** INTRODUCTION This Article examines the reported decisions during the survey period of the Indiana Supreme Court (“Supreme Court”), Court of Appeals of Indiana (“Court of Appeals”), and the Indiana Tax Court concerning real property issues. Keywords: annexation; appeals; assessor; code section; county; court; drain; evidence; foreclosure; indiana; indiana board; indiana code; indiana law; judgment; landlord; lease; llc; mortgagee; n.e.3d; notice; owner; parcel; plan; property; property law; property tax; review; sale; section; statute; supreme court; tax court; tax sale; taxpayer; tenant; trial court
• Possession of Dangerous Drugs in Indiana by King, Douglas B. (1975) - While Wojcik is not a drug possession case, this rule has been explicitly applied to Indiana drug possession cases. Texas is among the majority83 of states which, like Indiana,89 requires the State to show guilty knowledge on the part of the accused in drug possession cases. Keywords: app; control; court; drugs; ind; indiana; knowledge; n.e.2d; possession; state
• Minors and Contraceptives in Indiana by Walker, Bruce A. (1975) - 115 It has been argued that the privacy interests of a minor woman should also be compelling in the first trimester, and that the state should not place added restrictions upon minors seeking abortions, 116 but the Court expressly declined to rule on the constitutionality of state statutes requiring parental consent for abortions on un- married minors. This non-recognition is a product of the relatively recent devel- opment of such constitutional rights in adults. Keywords: age; code; consent; court; indiana; minors; rights; state; statute; treatment; u.s
• Beyond Baidoo v. Blood-Dzraku: Service of Process Through Facebook and Other Social Media Platforms Through an Indiana Lens by Coleman, Kristina (2017) - It then provides a framework that Indiana courts can use if called on to address whether service of process via social media would be acceptable in a given case. Section B explores the modernization of Indiana courts. Keywords: account; address; baidoo; court; defendant; email; facebook; inc; indiana; lexis; means; media; notice; plaintiff; process; rule; service; u.s
• Administration of the Uniform Consumer Credit Code by Rector, Baker R. (1975) - These include simplifying, clarifying, and modernizing consumer credit, providing rate ceil- ings, fostering understanding of credit terms and competition among sup- pliers of consumer credit, protecting consumers from unfair credit practices, encouraging development of fair credit practices, complying with the Fed- eral Consumer Credit Protection Act, and making credit law uniform. Even when the Ad- ministrator is a legal official, creditors are given greater oppor- tunity than consumers to influence his action.21 Even assuming the utmost integrity on the part of the Ad- ministrator, he cannot, in these circumstances, be presumed to be primarily concerned with consumer credit, or to havG any orienta- tion thereto which does not comport with his prior duties and loyalties. Keywords: administrator; code; colorado; consumer; consumer credit; credit; enforcement; idaho; indiana; uniform; utah; wyoming
• Crime Does Not Pay: Understanding Criminal Debt by David, Steven H.; Bradford, Cale J. (2017) - Indiana Code section 33-23-16-23.5 provides: (a) A parent or guardian of a child: (1) who is: (A) adjudicated a delinquent child; or (B) in a program of informal adjustment approved by a juvenile court under IC 31-37-9; and (2) who is accepted into a problem solving court program; is financially responsible for the problem solving court services fee and chem ical testing expenses assessed against the child by the problem solving court under this chapter. ”218 D. Summary— Tips for Trial Courts and Practitioners In sum, while trial courts are obligated to comply with applicable restitution statutes, they are given discretion over when to order restitution. Keywords: app; code; court; defendant; dollars; fee; indiana; order; pay; person; restitution; section; state; trial; victim
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 2016 by Crandley, Mark J.; Peabody, Jeffrey M. (2017) - State Fair Comm’n (In re Ind. State Fair Litig.), 49 N.E.3d 545 (Ind. 2016). ** Partner, Barnes & Thornburg LLP, 2005-present; Assistant Corporation Counsel, City of Indianapolis 2004-2005; Law Clerk for Justice Frank Sullivan, Jr., Indiana Supreme Court, 2000- 2001; B.A., 1995, Indiana University, Bloomington; J.D., 2000 Indiana University Maurer School of Law, Bloomington. Keywords: cases; court; ind; indiana; justice; opinions; table
• Developments in Indiana Appellate Procedure: Rule Amendments, Remarkable Case Law, and Court Guidance for Appellate Practitioners by Babb, Bryan H.; Dick, Bradley M. (2017) - CASE LAW INTERPRETING A PPELLATE R ULES The Indiana Court of Appeals and Indiana Supreme Court issued a number of decisions analyzing appellate court jurisdiction, Supreme Court jurisdiction over the practice of law, appeals from agreed judgements, final judgments under Appellate Rule 2(H), and Appellate Rule 56(A). D ICK ** INTRODUCTION The Indiana Supreme Court promulgates the Indiana Rules of Appellate Procedure (“Appellate Rules” or “Rules”), and Indiana’s appellate courts— the Indiana Supreme Court (“Supreme Court”), the Indiana Court of Appeals (“Court of Appeals”), and the Indiana Tax Court— interpret and apply the Rules. Keywords: access; appeal; appellate; case; clerk; court; court clerk; court reporter; filing; indiana; notice; order; public; record; rule; supreme court; transcript; trial court
• Recent Developments in Indiana Family Law: October 2015 to September 2016 by Seidler, Rena; Ryznar, Margaret (2017) - Based on this evidence, the61 appellate court found that the children were not CHINS.62 Similarly, the Indiana Supreme Court reversed the decision of both the trial and appellate courts terminating a father’s parental rights because the trial court’s findings did not support that termination was in the child’s best interests. At the time this matter26 arose, the child was eleven and the parents had shared custody since her birth.27 The appellate court agreed with the trial court’s consideration of the child’s wishes to stay with her father, finding that the trial court was not clearly erroneous in determining that it was not in the child’s best interest to relocate and in awarding sole legal custody to the father.28 V. C HILD SUPPORT There were several child support cases of note decided during the survey period. Keywords: appellate; child; court; father; ind; indiana; trial
• Survey of the Law of Professional Responsibility by Witte, G. Michael (2017) - • 1.6(a): Revealing inform ation relating to representation of a client without the client’s informed consent. • 1.9(c)(2): Revealing information relating to the representation of a former client except as rules permit or require. • 1.15(a): Failing to safeguard property of clients; treating client funds as his own; failing to maintain and preserve complete records of client trust account funds. an utter disregard of court orders. Keywords: account; admission; attorney; client; conduct; court; discipline; ind; indiana; lawyer; misconduct; n.e.3d; notice; order; parte; professional; rule; trial; trust
• Where Is Indiana Zoning Headed? by LeMond, William F. (1975) - The findings of Senate Bill 268 state: The Congress hereby finds that there is a national interest in a more efficient system of land use planning and decision making and that the rapid and continued growth of the nation's population, expanding urban development, proliferating transportation systems, large-scale industrial and economic growth, conflicts in patterns of land use, fragmentation of governmental entities exercising land use planning powers, and the increased size, scale and impact of private actions have created a situation in which land use management de- cisions of wide public concern often are being made on the basis of expediency, tradition, short-term economic considerations, and other factors which too frequently are unrelated or contradictory to sound environmental, economic, and social land use considerations. 3 Signifi- cantly, this legislation possibly constituted the most serious inter- ference with property rights since the creation of the fee simple absolute, because to regulate land use is to control the basic struc- ture of community growth. Keywords: appeals; board; city; court; ind; indiana; land; ordinance; plan; property; use; variance; zoning
• Back Matter by Law Review, Indiana (1975) - Bank, Loucks v. 817-19, 821-22, 825-26 Alderson v. Alderson 62 Alfred H. Mayer Co., Jones v. 1050-51 Allegretti, Hammond v. 270-71 Allen, Commonwealth v. 33 Allen v. Schauf 33 Ambler Realty Co., Village of Euclid v. 976, 990, 995, 997-1012, 1023-25 Ambulance Indianapolis Dispatch, Inc., Bundy v. 270 American Cast Iron Pipe Co., Pettway v. 459-61, 463-68 American Fletcher National Bank & Trust Co., Board of Zoning Appeals v. 981-82 American Fletcher National Bank & Trust Co. v. Flick 817, 820-23, 826 American Fletcher National Bank & Trust Co., Hendrickson v. 88-89 American Metal Climax Corp., Baker v. 84-85 American Motor Sales Corp. v. Semke 821 American National Bank v. Morey 816-17 American Party v. White 629, 631 American Telephone & Telegraph Co., Francis v. 483-84 Page American Underwriters, Inc., Indiana Insurance Co. v. 225-26 American United Life Insurance Co. v. Peffley 176-78 Anderson, Ashton v. 203-04 Annerino, United States v. 437 Antrim v. Hohlt 983 Appeal of Girsh 1014-15 Appeal of Kerr 1033-34 Appeal of Kit-Mar Builders, Inc. 1013-14 Apple v. Apple 178-79 Apple v. State 154-55 Archer, City of Gary v. 87 Architects Hartung/Odle/Burke, Inc., Hartung v. 42-46 Architectural Board of Review, Reid v. 1038-39 Arizona, Miranda v. 144, 151, 156, 869-70, 875, 880-886, 889 Arizona, Moore v. 419, 435, 440 Arrant v. Wainwright 429, 433 Ash v. Ash 398-99 Ashton v. Anderson 203-04 Askins, United States v. 421-22, 424 Atkins v. State 213 Austin v. Durbin 83 Auto Owners Insurance Co., Leist v. 221-22 Automatic Employees Credit Union, Gonzalez v. 595-606 Ayr-Way Stores, Inc. v. v. Chitwood 68-69, 273 B Baertich, State ex rel., Perry County Council v. 79 Bailey, Jerry Alderman Ford Sales, Inc. v. 682-83 Baird, Eisenstadt v. 728-30 Baker v. American Metal Climax Corp. 84-85 Baker v. Carr 607, 615, 617-18, 620, 653 Baker v. Fisher 93 Baker, Johnston v. 29 Vol. 8] TABLE OF CASES Vll Page Baldwin v. Inter City- Contractors Service, Inc. 75-76 Ball, Star Publishing v. 40 Ball Stores, Inc. v. State Board of Tax Commissioners 21-22 Ball v. United States 504-05, 507, 510, 515 Ballard v. State 150, 158 Bank Building & Equipment Corp., Fort Wayne Bank Building v. 123 Bank of Louisville Royal v. Sims 816-17, 826 Barela v. United Nuclear Corp. 479-82 Barker v. Wingo 415-40 Barrick Realty, Inc. v. City of Gary 98-99 Bassett's Case 397-99 Baugh, First Federal Savings & Loan Association v. 284-85 Baxendale, Hadley v. 805, 809 Beale v. Blount 591-92 Beavers v. Haubert 415-16 Beck v. Beck 182 Beedle, State ex rel., v. Schoonover 676 Begley v. State 170 Belford, Kokoszka v. 257-58 Bell v. Wabash Valley Trust Co. 92-93 Benjamin, United States v. 554 Berman v. Parker 1041-42 Berryhill, Gibson v. 580 Bertrand, Smeekens v. 238-39 Berwanger v. State 169 Bethlehem Steel Corp., Simms v. 278 Beto, Loper v. 886 Bezek, Voorhees-Jontz Lumber Co. v. 48 Bhalla, Chandler P. 760-61 Bieberdorf, Frederick A. 784 Big Wheel Restaurants, Inc. v. Bronstein 265 Bigelow v. RKO Radio Pictures, Inc. 821 Bigelow v. Virginia 890-97 Bingler v. Johnson 755-56 Bingler, Wrobleski v. 785 Black, United States v. 421 Blackwood v. State 143-44 Blount, Beale v. 591-92 Page Blue v. Brooks 184-85 Blumstein, Dunn v. 109 Board of Education, McNeese V. 570, 572-77 Board of Public Works, Thille Wahrman v. 805 Board of Regents v. Roth 113 Board of Sanitary Commissioners, Sekerez v. 91 Board of School Commissioners, Jacobs v. 94-97 Board of School Commissioners, United States v. 104-07 Board of Zoning Appeals v. American Fletcher National Bank & Trust Co. 981-82 Board of Zoning Appeals v. Decatur, Indiana Co. of Jehovah's Witnesses 984-85 Board of Zoning Appeals v. Koehler 987 Board of Zoning Appeals v. LaDow 986-87 Board of Zoning Appeals v. Waintrup 980 Bob Phillips West Side Ford, Inc., Hess v. 77-78 Boddie v. Connecticut 18 Bogardus, Standard Land Corp v. 688 Boles v. State 156-57 Bolger, David F. 905-07 Bolton, Doe v. 730, 892 Bonds v. State 196 Bonner v. State 156 Boock, Cowgill v. 406 Booher v. Richmond Square, Inc. 228-30 Boraas, Village of Belle Terre v. 1022-25 Borst v. Borst 406-07 Boyd v. United States 867 Bradley, Milliken v. 106-07 Brandenberg v. Ohio 101, 103 Brattain v. Herron 175-76, 182-83, 267 Bridges v. State 152-53 Broniwitz, Laurence E. 793-94 Bronstein, Big Wheel Restaurants v. 265 Bronx County Trust Co., Wahrman v. 805 Brooks, Blue v. 184-85 Vlll TABLE OF CASES [Vol. 8 Page Brooks v. Center Township 112-13 Brooks v. Robinson 394-95, 409, 412 Brown, Crow v. 1016-17 Brown v. Gardner 280-82 Brown v. Louisiana 102 Brown, O'Brien v. 649, 651 Brown Shoe Co., United States v. 953 Brown, Storer v. 621, 629-31 Brunner v. Smith 528-30, 545-46 Bryan v. United States 505-11, 515, 517, 519 Bryant v. State 141-42, 145, 204 Bullock v. Carter 621, 630, 633-35 Bundy v. Ambulance Indianapolis Dispatch, Inc. 270 Burns International Security Services, Inc., N.L.R.B. v. 443-51 Burris Manufacturing Co., Fears v. 553 Burton v. State 153-54 Bustamonte, Schneckloth v. 144 Button, NAACP v. 626 Cabral, United States v. 427-28 Cafeteria Workers v. McElroy 21 Cagle, Jackson E., Jr. 928-29, 932 Cain, Continental Enterprises, Inc. v. 228, 232-34 Cain v. State 205-06 California, Damico v. 574-77 California, Miller v. 97 California, Rochin v. 188-89 California, Schmerber v. 187 Cameron, Estate of, v. Kuster 279-81 Cameron, Rouse v. 379-80 Campbell, Hart, Shaffner & Marx v. 48 Campbell v. State 102,274-75, 394-95, U2 Canty, United States v. 427 Carmichael, United States v. 742-44 Carpenter v. State 212-13 Carr, Baker v. 607, 615, 617-18, 620, 653 Carr v. Monroe Manufacturing Co. 55-4 Carrington v. Rash 621-22 Carter, Bullock v. 621, 630, 633-35 Carter v. Stanton 576 Page Center Township, Brooks v. 112-13 Central Bancorporation 955 Central Supply Co., Meggs v. 48-49, 263 Chaffin v. Nicosia 273-74 Chapman, Hedworth v. 673 Chase Manhattan Bank, Skov v. 817, 819-20, 821, 826 Chesapeake & Ohio Railroad, Smith v. 77 Chitwood, Ayr-Way Stores, Inc. v. 68-69, 273 Chrestensen, Valentine v. 894 Christianson, Gould v. 399 Chrysler Corp. v. M. Present Co. 249, 272 Cipriano v. City of Houma 624 City Bank Farmers Trust Co. v. Hewitt Realty Co. 40-41 City of Bloomfield Hills, Robinson v. 1010 City of Bloomington, Webb v. 73-74 City of East Chicago v. Sinclair Refining Co. 984 City of East Cleveland, Criterion Service v. 1034-35 City of East Cleveland, Smith v. 338-39 City of Gary v. Archer 87 City of Gary, Barrick Realty, Inc. v. 98-99 City of Gary, King v. 16-17 City of Houma, Cipriano v. 624 City of Indianapolis Department of Public Parks, General Outdoor Advertising Co. v. 977-78 City of Indianapolis, Hamilton v. 21 City of Indianapolis v. Indiana State Board of Tax Commissioners 72 City of Indianapolis v. Medenwald 179 City of Indianapolis v. Ostrom Railroad & Construction Co. 978, 984 City of Lackawanna, Kennedy Park Homes Association, Inc. v. 1017 City of Lansing, Ranjel v, 1008 Vol. 8] TABLE OF CASES ix Page City of Lawton, Dailey v. 990, 1016 City of Marion, Guido v. 19 City of Mishawaka v. Mahoney 71-72 City of Mishawaka v. Stewart 17-19 City of Petaluma, Construction Industry Association v. 991-92 City of Rockford, Grayned v. 96 City of Springfield, Rebman v. 1040 City of Union City, Southern Alameda Spanish Speaking Organization v. 990-91, 1018-19, 102, 1025 City of Warsaw, Noble v. 23-24 Clamor, Zurich General Accident & Liability Insurance Co. v. 225-26 Clark v. Universal Builders, Inc. 1051-52 Clearfield Trust v. United States 645-46 Cleveland Board of Education v. LaFleur 342 Coffin, Farm Bureau Mutual Insurance Co. v. 47 Cole Real Estate Corp. v. Peoples Bank & Trust Co. 35-42 Cole, United States ex rel., v. LaVallee 420 Coleman v. Plantation Golf Club, Inc. 38 Colorado, Wolf v. 868 Combs, Meirs v. 265 Commerce Union Bank v. May 540-48 Commercial Credit Corp., Mims v. 255-57 Commissioner, Crane v. 904, 907 Commissioner, Kreis v. 762 Commissioner, Meyer v. 910 Commissioner, Morrissey v. 911 Commonwealth v. Allen 33 Commonwealth v. Florida 709 Communist Party of Indiana v. Whitcomb 102-03 Connecticut, Boddie v. 18 Connecticut, Griswold v. 728 Connecticut National Bank, United States v. 954, 962 Conrad, Raphael v. 104 Page Construction Industry Association v. City of Petaluma 991-92 Continental Electric Co., School City of Gary v. 81-82 Continental Enterprises, Inc. v. Cain 228, 232-34 Cooper v. High 277 Cooper v. State 144, 152 Corrao v. State 698-99, 703-04, 706-11 Cornman, Evans v. 623 Counts, United States v. 425 County Department of Public Welfare v. Morrow 73 Cousins v. Wigoda 640, 643-46, 648-49, 651-52 Cowgill v. Boock 406 Crane v. Commissioner 904, 907 Crawford v. State 155 Criterion Service v. City of East Cleveland 1034-35 Crockett v. Vigo County School Corp. 64-65 Crone, First National Bank v. 244-45 Crow v. Brown 1016-17 Cunningham v. State 102 D Dade County, E. B. Elliott Advertising Co. v. 1048 Dailey v. City of Lawton 990, 1016 Dale, State ex rel,, v. Superior Court 80-81 Damico v. California 574-77 Daniels v. State 160 Darlington Manufacturing Co., Textile Workers v. 481 Davidson, Shaffer v. 531-83 Davidson's Southport Lumber Co., Renn v. 74-75, 252-53 Davis v. Davis 87-88 Davis, United States v. 435 Decatur, Indiana Co. of Jehovah's Witnesses, Board of Zoning Appeals v. 984-85 Deprez, State v. 88 Des Moines School District, Tinker v. 95-96 DeTienne, United States v. 426 TABLE OF CASES [Vol. 8 Page Detroit Local Joint Executive Board, Howard Johnson Co. v. 441-51 Dexter v. State 203 Diamond, Sol 933-37 Dickerson v. State 153 Dickey v. Florida 417 Doe v. Bolton 730, 892 Dombrowski v. Pfister 892 Douthitt, Kussell v. 158-59 Drake v. Thor Power Tool Co. 555 Drew v. Liberty Mutual Insurance Co. 462-64, 467-68 Duckworth, Helms v. 43 Duke Power Co., Griggs v. 337-38, 481, 1049 Duke, United States v. 141-42 Dunn v. Blumstein 109 Durbin, Austin v. 83 E E. B. Elliot Advertising Co. v. Dade County 1043 EEOC v. Plumbers Local 189 477 Eastman, Eisen v. 583 Edward G. Budd Manufacturing Co. v. NLRB 485 Eisen v. Eastman 583 Eisenstadt v. Baird 728-30 Elbert v. North Hills 1035-36 Elliman, Gordon v. 40-41 Elliott v. State 146 Elverson v. Leeds 49 Emerson v. State 151 Emerton, Kneeland v. 34 Empire Fire & Marine Insurance Co., Meyerhofer v. 557-58 Endres v. Swenson 422-23 Engineers Local 542, Pennsylvania v. 463-64, 467-68 England v. State Board of Medical Examiners 637-38 Enlow v. State 165, 200 Ernst v. Schmal 83-84, 249 Ertel v. Radio Corp. of America 123-25, 248 Escobedo v. Illinois 870 Estate of Cameron v. Kuster 279-81 Evans, Aileene 790 Evans v. Cornman 623 Evans v. Newton Evans v. State Ewell, United States v. Page 648 162 41 6 Farley v. Farley 62-63 Farm Bureau Mutual Insurance Co. v. Coffin 47 Fasanaro, United States v. 425 Fears v. Burris Manufacturing Co. In re Totten 285 In re Wilson 377-80, 383-86, 391 Indiana Alcoholic Beverages Commission v. Johnson 14-15 Indiana, Hess v. 101-02 Indiana Insurance Co. v. American Underwriters, Inc. 225-26 Indiana State Board of Health, Smith v. 61-62, 173 Indiana State Board of Tax Commissioners, City of Indianapolis v. 72 Indiana State Board of Tax Commissioners v. Pappas 14 Indiana State Employees Association, Inc. v. Negley 114-15 Indiana Telco Federal Credit Union v. Young 126 Indianapolis Harbor Belt Railroad v. Jones 269 Industrial Contractors, Inc., Rankin v. 292 Inkoff v. Inkoff 90-91 Vol. 8] Table of cases m Xlll Page Inter City Contractors Service, Inc., Baldwin v. 75-76 International Boxing Club, Peller v. 1060-61 Irwin Union Bank & Trust Co. v. Long 258-59 Jackman v. Jackman 80 Jackson v. State 146 Jackson, United States v. 429 Jacobs v. Board of School Commissioners 94-97 James, Pulos v. 115-16, 228, 230-32 James v. Valtierra 1019-21 Jameson v. McCaffry 185 Jeffries, Stewart v. 223-24, 269 Jeffries v. Turkey Run Consolidated School District 113 Jenness v. Fortson 628-31 Jerry Alderman Ford Sales, Inc. v. Bailey 682-83 Johansen, Nelson v. 399 John Dehner, Inc. v. Northern Indiana Public Service Co. 86-87 John Wiley & Sons, Inc. v. Livingston 442-51 Johns v. State 142 Johnson, Bingler v. 755-56 Johnson, Indiana Alcoholic Beverages Commission v. 14-15 Johnson v. Mills 77 Johnson v. Robinson 964 Johnson v. State 141-42 Johnston v. Baker 29 Jones v. Alfred H. Mayer Co. 1050-51 Jones, Indianapolis Harbor Belt Railroad v. 269 Jones v. State 194-95 Jones, United States v. 435 Joyner, United States v. 421 Julkes v. State 64 K 29-35 880 112 Karol, Hippensteel v. Kastigar v. United States Kelly, Goldberg v. Kennedy Park Homes Association, Inc. v. City of Lackawanna 1017 Kern, Wallace v. 439 Page Kerr, Appeal of 1033-84 King v. City of Gary 16-17 Kirby v. Illinois 149 Kit-Mar Builders, Inc., Appeal of 1013-14 Klebs v. State 191-92 Kletz, Fischer v. 555-56 Klopfer v. North Carolina 416 Kneeland v. Emerton 34 Kody Engineering Co. v. Fox & Fox Insurance Agency 251 Koehler, Board of Zoning Appeals v. 987 Kohn, National Land & Investment Co. v. 1013 Kokoszka v. Belford 257-58 Kramer v. Union Free School District 623-24 Kreis v. Commissioner 762 Kusper v. Pontikes 621 Kuster, Estate of Cameron v. 279-81 Labine v. Vincent 735-37 LaDow, Board of Zoning Appeals v. 986-87 Lafayette National Bank, Traylor v. 122, 252 LaFleur, Cleveland Board of Education v. 342 Lake Mortgage Co. v. Federal National Mortgage Association 77, 249-50 Lamar v. State 189-90 Lander v. Seaver 399, 401-02 LaPorte Superior Court, State ex rel Michigan City Plan Commission v. 23 LaVallee, United States ex rel. Keywords: act; american; appeals; bank; board; cases; city; co.; commission; corp; court; criminal; evidence; general; inc; indiana; insurance; insurance co.; liability; national; page; product; rel; smith; state; states v.; table; trust; union; united; united states; v. united; vol; zoning
• Criminal Law and Procedure by Kerr, William A. (1975) - Since a state may impose higher standards than required by the Federal Constitution, Indiana courts theo- retically should have continued to follow the Martin decision until the Indiana Supreme Court held otherwise. This question was not discussed, how- ever, but the Winston case does provide a precedent for trial courts in Indiana to follow when they are confronted with a difference in the decisions of the state and federal supreme courts. Keywords: appeals; case; decision; defendant; district court; ind; indiana; indiana court; indiana supreme; n.e.2d; state; statute; supreme court; trial court; v. state
• Insurance by Frandsen, G. Kent (1975) - Cas. Co., 274 Wis. 190, 192, 79 N.W.2d 665, 666 (1956), wherein the court noted: Insurance policies, and particularly the one in the instant case, habitually state that the insurer^s functions are limited to the terms and conditions of the policy. ^'A standard liability insurance policy typically contains a provision such as the following: The insured agrees that the company shall defend any suit alleging such bodily injury and property damage and seeking damages which are payable under the terms of this policy, even if any of the allega- tions of the suit are groundless, false, or fraudulent ; but the company may make such investigation and settlement of any claim or suit as it deems expedient. '^^Ind. Keywords: court; ind; indiana; insurance; insured; liability; n.e.2d; policy
• Professional Responsibility by Kelso, Charles D. (1975) - Also, it seems quite likely that Indiana lawyers would sup- port the 1974 ABA amendment to Disciplinary Rule 7-102 (B). Indiana Code of Professional Responsibility, Disciplinary Rule 7-102 (A) (6). Keywords: attorney; client; code; court; defendant; indiana; lawyer; responsibility; rule; supreme; supreme court
• Criminal Procedure—Indiana Post-Conviction Remedy Rule 1 by Hamacher, David M. (1976) - It appears that defendants, who if originally tried in federal court could obtain relief for incompetency of counsel, will languish in Indiana prisons. See, e.g., Hoskins v. State, 302 N.E.2d 499 (Ind. 1973). ' ^Brief for Appellants at 26, 28. '®In their brief, appellants cited only Beasley v. United States, 491 F.2d 687 (6th Cir. 1974), but a number of other federal courts and some state courts, California, for example, have adopted this standard. Keywords: court; ind; indiana; n.e.2d; standard; state; trial
• Front Matter by Law Review, Indiana (1976) - Volume 9 March 1976 Number 3 The INDL^NA LAW REVIEW is the property of Indiana University and is published five times yearly, December, January, March, April, and June, by the Indiana University School of Law—Indianapolis which assumes complete editorial responsibility therefor. Send all correspondence to Business Manager, Indiana Law Review, Indiana University School of Law—Indianapolis, 735 West New York Street, Indianapolis, Indiana 46202. Keywords: indiana; state
• The Taxation of Costs in Indiana Courts by Brundage, Lynn (1976) - The problem with the subject for trial courts apparently is that the issue of trial court costs does not often reach the ap- pellate level, and there is therefore no opportunity for those courts to rule on questionable areas. TAXATION OF COURT COSTS G83 porter who recorded and transcribed the depositions^ and not to the court nor by fee bill.^ A. Court Survey Because of the difficulty in determining what costs of litiga- tion are assessed against the losing party in Indiana courts, a questionnaire^^ was sent to each of the ninety circuit courts in Indiana. Keywords: app; attorney; clerk; costs; court; fees; ind; indiana; n.e.2d; party; trial
• Inverse Condemnation and the Right of Access of Abutting Property Owners by Grow, Carl W. (1976) - '^Although the Indiana Constitution provides for compensation only when there is a taking of property, most Indiana Code provisions pertaining to eminent domain allow compensation for damaging of property rights. When eminent domain is exercised to take property or property rights, such property or property rights are used** by the public.^® Many states have 281 Nichols § 1.42, at 1-105. Keywords: abutter; access; compensation; condemnation; damages; domain; eminent; ind; indiana; n.e.2d; nichols; property; public; rights; state; taking
• Constitutional Law—Equal Protection by Hinchman, Sherry F. (1976) - Indiana Law Review Recent Development Constitional Emw—EQUAL Protection—Indiana guest statute, which denies recovery by a nonpaying guest against a negligent host, held not violative of the equal protection clause of the four- teenth amendment nor of the Indiana Constitution. A guest statute was first enacted in Indiana in 1929 and was amended in 1937.'^ Prior to the enactment of a guest stat- ute, Indiana case law held that a nonpaying passenger could re- cover from his host for ordinary negligence.^' About half of the states enacted guest statutes similar to Indiana's between 1927 and 1939.^° Keywords: court; guest; guest statute; host; indiana; n.e.2d; protection; statute; u.s
• Front Matter by Law Review, Indiana (1976) - Volume 9 June 1976 Number 5 The INDIANA LAW REVIEW is the property of Indiana University and is published five times yearly, December, January, March, April, and June, by the Indiana University School of Law—^Indianapoli^ which assumes complete editorial responsibility therefor. Send all correspondence to Business Manasrer, Indiana L&w Review, Indiana University School of Law—^Indianapolis, 785 West New York Street, Indianapolis, Indiana 46202. Keywords: indiana; new; review; volume
• Domestic Relations by Proffitt, Judith S. (1976) - Domestic Relations Judith S. Proffitt* A. Adoption and Guardianship of Minors During the survey period, Indiana courts decided two cases' concerning the custody of children following the death of a natural or adoptive parent. Clear and cogent is the standard of proof required by Indiana courts in adoption without consent proceedings. Keywords: app; appeals; child; court; evidence; ind; indiana; marriage; n.e.2d; property; support; trial court
• Will We Ever Succeed in Fulfilling Gideon's Promise? by Lefstein, Norman (2018) - [Vol. 51:39 Gideon was decided more than fifty years ago.30 Despite these important developments, the vast majority of state courts fail to deliver on Gideon’s promise.31 Consider, for example, the findings of national studies conducted about public defense in state courts.32 During 2003, commemorating the 40th anniversary of the Gideon decision, the ABA Standing Committee on Legal Aid and Indigent Defendants (ABA SCLAID) held public hearings in four sites across the country and invited public defense experts to offer their assessments of state public defense representation in criminal and juvenile courts.33 The witnesses were drawn from diverse geographic regions representing twenty-two states.34 Their testimony resulted in hundreds of transcript pages detailing the problems of public defense across America.35 Most observers of public defense in the United States agree that in the federal courts Gideon’s promise is being substantially fulfilled by the representation provided by skilled and well-trained full-time public defenders and private attorneys appointed pursuant to the Criminal Justice Act (CJA).93 The federal defense program is also far better funded than state defense programs and CJA lawyers are usually better screened and always better compensated than in state courts, i.e., at $129 per hour for felony cases and at an even higher rate in capital cases.94 As a result, the best defense lawyers in a community will sometimes 91. Keywords: cases; counsel; courts; criminal; defender; defense; gideon; indiana; indigent; justice; lawyer; note; promise; public; representation; right; state; supra
• Labor Law by Archer, Edward P. (1976) - Labor Laiv Edward P. Archer* Significant cases decided by Indiana courts in the 1975 term indicate that the body of labor law cases can be expected to expand significantly in oncoming years, especially in the un- charted public sector. The pertinent language in section 7 provides: No court of the state of Indiana shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, as herein defined, except after hearing the testimony of witnesses in open court (with opportunity for cross- examination) in support of the allegations of a complaint made under oath, and testimony in opposition thereto, if offered, and except after findings of fact by the court, to the effect; (a) That unlawful acts have been threatened and will be com- mitted unless restrained or have been committed and will be continued INDIANA LAW REVIEW Keywords: act; court; indiana; injunction; n.e.2d; public; teachers
• Professional Responsibility by Kelso, Charles D. (1976) - (mere fact that defendant had three different attorneys representing him during the proceeding did not establish that he lacked effective assistance of counsel) ; Wilson v. State, 333 N.E.2d 755, 764 (Ind. 1975) (court found attorney had performed in an honorable, intelligent and spirited manner); Also, part (1) (d) of this rule allows the commission and respondent to agree upon the discipline to be imposed, subject to court approval. '^Id. Keywords: attorney; client; code; court; ind; indiana; lawyer; n.e.2d; responsibility; state
• Trusts and Decedents' Estates by Poland, Melvin C. (1976) - [now Ind. Code § 34-1-2-1 (Bums 1973), a general statute of limitations on accounts and contracts, rather than a non-claim statute]. 394 INDIANA LAW REVIEW Ind. Code § 29-1-1-3 (Bums Supp. 1976) (emphasis added). Keywords: account; claim; code; court; death; decedent; estate; expenses; ind; indiana; party
• Table of Cases by Law Review, Indiana (1976) - V. Schramm 316,321,328,390 Nissen Trampoline Co. v. Terre Haute First National Bank 277 Nuss V. State 199,204,205 o Old Town Development Co. v. Langford Owens V. State 304 196 Palace Pharmacy, Inc. v. Gardner & Guidone, Inc. 114 Parrent v. Midwest Rug Mills, Inc. 75 Parson v. Grabert 399 Patterson v. Patterson 221 Patterson v. State 199, 238 Perma Life Mufflers, Inc. v. International Parts Corp. 78 Pieper v. State 208 Pierce v. Walters 365 Pierce v. Yochum 315 Pilotte V. Brummett 303 Popeil Brothers, Inc. v. Schick Electric, Inc. 114 Pruett V. State 207 PuUiam v. State 184, 198 Q Quaker Hill, Inc. v. Parr R Ragnar Benson, Inc. v. William P. Jungclaus Co. 105 Rayburn v. Eisen 98 Redmond v. United Airlines, Inc. 109 Reed v. Reed 229 Residents of Green Springs Valley Subdivision v. Town of Newburgh 310 Richardson v. Richardson 333, 392 Riehl V. National Mutual Insurance Co. 60 Robertson . Young v. Noble Circuit Court 97 State Farm Fire & Casualty Co. V. White 251 Stokes V. State 179 Stone V. Powell 177 Stults V. State 137 Keywords: bank; board; city; co.; corp; county; court; inc; indiana; national; rel; state; united
• Front Matter by Law Review, Indiana (1977) - Indiana University School of Laiv—-Indianapolis 1976-1977 ADMINISTRATIVE OFFICERS AND FACULTY John W. Ryan, Ph. D., President of the University Glenn W. Irwin, Jr., M.D., Vice President of the University William F. Harvey, LL.M., Dean, Indiana University School of Law—Indian- apolia G. Kent Frandsen, J.D., Assistant Dean, Indiana University School of Law— Indianapolis Thomas B. Allington, LL.M. (New York University, 1971), Professor Edward P. Archer, LL.M. (Georgetown University, 1964), Professor Charles W. Ardery, Jr., LL.B., (University of Michigan, 1967), Adjunct Professor James F. Bailey, III, J.D., M.A.L.S. (University of Michigan, 1964, 1970), Director of Library and Associate Professor Agnes Barrett, J.D. (Indiana University, 1964), Associate Professor Gerald L. Bepko, LL.M. (Yale University, 1972), Professor Bernard J. Boyle, LL.D. (DePaul University, 1949), Lecturer Kenneth P. Cohen, LL.M. (Yale University, 1976), Assistant Professor Clyde H. Crocked, LL.M. (The London School of Economics, 1972), Asso- ciate Professor Robert F. Dugan, M.C.L. (University of Chicago, 1969), Associate Professor (on leave, 1976-77) Charles D. Kelso, J.S.D. (Columbia University, 1968), Professor William A. Kerr, LL.M. (Harvard University, 1958), Professor Walter W. Krieger, Jr., LL.M. (George Washington University, 1969), As- sociate Professor William E. Marsh, J.D. (University of Nebraska, 1968), Associate Professor Patrick Mulvaney, J.D. (Georgetown University, 1970), Assistant Professor Melvin C. Poland, LL.M. (University of Michigan, 1950), Professor Ronald W. Polston, LL.B. (University of Illinois, 1958), Professor Gary A. Ratner, LL.M. (Yale University, 1974), Associate Professor Charles G. Reeder, J.D. (Indiana University, 1965), Lecturer Marshall J. Seidman, LL.M. (Harvard University, 1970), Professor William A. Stanmeyer, J.D. (DePaul University, 1966), Associate Professor Kenneth M. Stroud, J.D. (Indiana University, 1961), Associate Professor James W. Torke, J.D. (University of Wisconsin, 1968), Associate Professor R. Bruce Townsend, J.D. (University of Iowa, 1940), Professor of Juris- prudence JAMEJS P. White, LL.M. (George Washington University, 1959), Professor (on leave) Harold R. Woodard, J.D. (Harvard University, 1936), Professorial Lecturer Keywords: indiana; j.d; ll.m; professor; university
• Front Matter by Law Review, Indiana (1977) - Indiana University School of Law—Indianapolis 1976-1977 ADMINISTRATIVE OFFICERS AND FACULTY John W. Ryan, Ph. D., President of the University Glenn W. Irwin, Jr., M.D., Vice President of the University William F. Harvey, LL.M., Dean, Indiana University School of Law—Indian- apolis G. Kent Frandsen, J.D., Assistant Dean, Indiana University School of Law— Indianapolis Thomas B. Allington, LL.M. (New York University, 1971), Professor Edward P. Archer, LL.M. (Georgetown University, 1964), Professor Charles W. Ardery, Jr., LL.B., (University of Michigan, 1967), Adjunct Professor James F. Bailey, III, J.D., M.A.L.S. (University of Michigan, 1964, 1970), Director of Library and Associate Professor Agnes Barrett, J.D. (Indiana University, 1964), Associate Professor Gerald L. Bepko, LL.M. (Yale University, 1972), Professor Bernard J. Boyle, LL.D. (DePaul University, 1949), Lecturer Kenneth P. Cohen, LL.M. (Yale University, 1^76), Assistant Professor Clyde H. CROCKErr, LL.M. (The London School of Economics, 1972), Asso- ciate Professor Robert F. Dugan, M.C.L. (University of Chicago, 1969), Associate Professor (on leave, 1976-77) Debra a. Falender, J.D. (Indiana University, 1975), Assistant Professor Cleon H. iFoust, J.D. (University of Arizona, 1933), Professor (on loan, 1976-77) G. Kent Frandsen, J.D. (Indiana University, 1965), Assistant Dean and Associate Professor David A. Funk, LL.M. (Columbia University, 1973), Professor Paul J. Galanti, J.D. (University of Chicago, 1963), Professor Helen P. Garfieu), J.D. (University of Colorado, 1967), Associate Professor Alan H. Goldstein, J.D. (Indiana University, 1969), Lecturer John S. Grimes, J.D. (Indiana University, 1931), Professor of Jurisprudence Jeffrey W. Grove, J.D. (George Washington University, 1969), Associate Professor William F. Harvey, LL.M. (Georgetown University, 1961), Dean and Pro- fessor Lawrence A. Jegen, III, LL.M. (New York University, 1963), Professor William R. Jones, LL.M. (University of Michigan, 1970), Associate Pro- fessor (on leave 1976-77). Charles D. Kelso, J.S.D. (Columbia University, 1968), Professor William A. Kerr, LL.M. (Harvard University, 1958), Professor Walter W. Krieger, Jr., LL.M. (George Washington University, 1969), As- sociate Professor William E. Marsh, J.D. (University of Nebraska, 1968), Associate Professor Patrick Mulvaney, J.D. (Georgetown University, 1970), Assistant Professor Melvin C. Poland, LL.M. (University of Michigan, 1950), Professor Ronald W. Polston, LL.B. (University of Illinois, 1958), Professor Gary A. Ratner, LL.M. (Yale University, 1974), Associate Professor Charles G. Reeder, J.D. (Indiana University, 1965), Lecturer Marshall J. Seidman, LL.M. (Harvard University, 1970), Professor William A. Stanmeyer, J.D. (DePaul University, 1966), Associate Professor Kenneth M. Stroud, J.D. (Indiana University, 1961), Associate Professor James W. Torke, J.D. (University of Wisconsin, 1968), Associate Professor R. Bruce Townsend, J.D. (University of Iowa, 1940), Professor of Juris- prudence Jambs P. White, LL.M. (George Washington University, 1959), Professor (on leave) Harold R. Woodard, J.D. (Harvard University, 1936), Professorial Lecturer Keywords: indiana; j.d; ll.m; professor; university
• Landlord-Tenant Law: Indiana at the Crossroads by Krieger Jr., Walter W. (1977) - 2^See Furner, From the Legislatures: Uniform, Residential Landlord-Tenant Act, 2 Real Estate L.J. 481, 481 (1973); cf Gibbons, ^pra note 4, at 414-15. 1977] LANDLORD-TENANT LA W 648 lords and tenants. The sheer number of tenants, combined with their organization of tenant unions, has given abrogated by courts when the mores have so changed that perpetuation of the rule would do violence to the social conscience. . . . Keywords: app; breach; code; condition; contract; court; damages; defects; duty; habitability; housing; indiana; indiana law; landlord; lease; liability; n.e.2d; note; possession; premises; rent; supra; supra note; tenant; tenant law; time; warranty
• Front Matter by Law Review, Indiana (1977) - Indiana University School of l.a^;v-—Indianapolis 1976-1977 ADMINISTRATIVE OFFICERS AND FACULTY John W. Ryan, Ph. D., President of the University Glenn W. Irwin, Jr., M.D., Vice President of the University William F. Harvey, LL.M., Dean, Indiana University School of Law—Indian- apolis G. Kent Frandsen, J.D., Assistant Dean, Indiana University School of Law— Indianapolis Thomas B. Allington, LL.M. (New York University, 1971), Professor Edward P. Archer, LL.M. (Georgetown University, 1964), Professor Charles W. Ardery, Jr., LL.B., (University of Michigan, 1967), Adjunct Professor James F. Bailey, III, J.D., M.A.L.S. (University of Michigan, 1964, 1970), Director of Library and Associate Professor Agnes Barrett, J.D. (Indiana University, 1964), Associate Professor Gerald L. Bepko, LL.M. (Yale University, 1972), Professor Bernard J. Boyle, LL.D. (DePaul University, 1949), Lecturer Kenneth P. Cohen, LL.M. (Yale University, 1976), Assistant Professor Clyde H. CROCKErr, LL.M. (The London School of Economics, 1972), Asso- ciate Professor Robert F. Dugan, M.C.L. (University of Chicago, 1969), Associate Professor (on leave, 1976-77) Debra a. Falender, J.D. (Indiana University, 1975), Assistant Professor Cleon H. Foust, J.D. (University of Arizona, 1933), Professor (on loan, 1976-77) G. Kent Frandsen, J.D. (Indiana University, 19^5), Assistant Dean and Associate Professor David A. Funk, LL.M. (Columbia University, 1973), Professor Paul J. Galanti, J.D. (University of Chicago, 1963), Professor Helen P. Garfieu), J.D. (University of Colorado, 1967), Associate Professor Alan H. Goldstein, J.D. (Indiana University, 1969), Lecturer John S. Grimes, J.D. (Indiana University, 1931), Professor of Jurisprudence Jeffrey W. Grove, J.D. (George Washington University, 1969), Associate Professor William F. Harvey, LL.M. (Georgetown University, 1961), Dean and Pro- fessor Lawrence A. Jegen, III, LL.M. (New York University, 1963), Professor William R. Jones, LL.M. (University of Michigan, 1970), Associate Pro- fessor (on leave 1976-77). Charles D. Kelso, J.S.D. (Columbia University, 1968), Professor William A. Kerr, LL.M. (Harvard University, 1958), Professor Walter W. Krieger, Jr., LL.M. (George Washington University, 1969), As- sociate Professor William E. Marsh, J.D. (University of Nebraska, 1968), Associate Professor Patrick Mulvaney, J.D. (Georgetown University, 1970), Assistant Professor MeLvin C. Poland, LL.M. (University of Michigan, 1950), Professor Ronald W. Polston, LL.B. (University of Illinois, 1958), Professor Gary A. RaTner, LL.M. (Yale University, 1974), Associate Professor Charles G. Reeder, J.D. (Indiana University, 1965), Lecturer Marshall J. Seidman, LL.M. (Harvard University, 1970), Professor William A. Stanmeyer, J.D. (DePaul University, 1966), Associate Professor Kenneth M. Stroud, J.D. (Indiana University, 1961), Associate Professor James W. Torke, J.D. (University of Wisconsin, 1968), Associate Professor R. Bruce Townsend, J.D. (University of Iowa, 1940), Professor of Juris- prudence James P. White, LL.M. (George Washington University, 1959), Professor (on leave) Harold R. Woodard, J.D. (Harvard University, 1936), Professorial Lecturer Keywords: indiana; j.d; ll.m; professor; university
• The Indiana Environmental Protection Agencies: A Survey and Critique by Kunz, Christina L. (1977) - Id. §§ (13-7-10-l)-55, -62. '/d §§ (13-7-10-l)-59, -76. ^^3 U.S.C. §§ 1342, 1345 (Supp. §§ (13-l-l-4)-3, -6 (Burns 1976). Keywords: act; agencies; agency; air; air pollution; apcb; board; burns; control; enforcement; environmental; epa; federal; indiana; note; pollution; pollution control; standards; state; supra; u.s.c; water
• Administrative Law by Utken, Gregory J. (1977) - Indiana courts have stated the proper scope of review to be substantial evidence,'^ substantial evidence on the record as a whole, only the evidence and inferences most 355 N.E.2d at 445. '^See Uhlir v. Ritz, 255 Ind. 342, 264 N.E.2d 312 (1970); Department of Financial Inst. In last year's administrative law survey discussion, the author stated it would be interesting to see if Indiana courts followed City of Evansville, ignored it, or limited it to its facts.' Keywords: court; evidence; ind; indiana; n.e.2d; review
• Domestic Relations by Garfield, Helen (1977) - The adop- tion statutes do contain an oblique reference to termination by other courts having jurisdiction to terminate parental rights on any ground for termination specified in that law, which may have been intended to refer to juvenile court proceedings but which is hardly sufficient in itself to confer jurisdiction on the juvenile courts. Such a holding would have raised ques- tions concerning the validity of all previous terminations ordered by juvenile courts, and all adoptions made on the strength of them would have been put in jeopardy. Keywords: adoption; app; child; court; custody; dissolution; ind; indiana; judgment; marriage; n.e.2d; property; support; trial
• Labor Law by Utken, Gregory J. (1977) - A. Employment Discrimination In Indiana Civil Rights Commission v. Meridian Hills Country Club, Inc.,^ a charge of employment discrimination was filed against the defendant with the Indiana Civil Rights Commission. 1977] SURVEY-LABOR LAW 197 This decision recognized that at the state level the proper place for resolution of an employment discrimination charge is with the Indiana Civil Rights Commission, the state's statutorily created civil rights agency. Keywords: court; employment; indiana; n.e.2d; rights; work
• Products Liability by Vargo, John F. (1977) - 1977] SURVEY-PRODUCTS LIABILITY 211 man standard, may be inapplicable to Indiana strict liability cases. Writing for the majority of the court of appeals,* Judge Buchanan stated that although the theory of implied warranty of habitability was analogous to the strict liability concepts espoused in products liability cases, the use of the habitability warranty should be restricted to negligent conduct on the part of the land- lord when an action is brought under the warranty tort remedy. Keywords: app; co.; court; defendant; indiana; judge; liability; n.e.2d; negligence; plaintiff; product; risk; tort
• Professional Responsibility by Kelso, Charles D. (1977) - On that date, the United States Supreme Court decided in Bates & O'Steen v. State Bar^ that the first amendment does not allow states to prevent cer- tain kinds of lawyer advertising. Mr. Justice Blackmun, who wrote for the Court, stated that the traditional bar- rier against lawyer advertising likely has served to burden access to legal services, particularly for the not-quite-poor and the unknowledgeable.^ Keywords: advertising; code; counsel; court; defendant; ind; indiana; lawyer; n.e.2d; state
• Marijuana Legalization in Indiana: Amending the Indiana Code to Protect Motorists and Pedestrians by Haston, Tyler (2018) - B. Marijuana Public Use Under Title 7 In order to create safe public zones for marijuana use, and thereby decrease the number of impaired drivers on the road, Title 7 of the Indiana Code should adopt marijuana usage laws that mirror those currently in place for public tobacco use.185 Under current Indiana law, smoking (tobacco) is prohibited in public spaces (with exceptions), within eight feet of a public entrance or place of enjoyment, a place of employment, or a vehicle owned, leased, or operated by the state if being used for governmental purposes.186 Locations that are currently exempt from the Indiana smoking ban include horse-racing facilities, riverboats, facilities with a gambling license, or other specified businesses that meet stringent requirements.187 Though this list is not extensive, it does allow smokers to use a legal product in select public places in a manner that has been determined acceptable. Does marijuana use affect driving?, NAT’L INST. Keywords: alcohol; blood; cause; code; drivers; driving; indiana; laws; legalization; marijuana; marijuana use; note; person; public; states; supra; test; thc; use
• Developments in Indiana Appellate Procedure: Rule Amendments, Remarkable Case Law, and Court Guidance for Appellate Practicioners by Babb, Bryan H.; Dick, Bradley M. (2018) - DEVELOPMENTS IN INDIANA APPELLATE PROCEDURE: RULE AMENDMENTS, REMARKABLE CASE LAW, AND COURT GUIDANCE FOR APPELLATE PRACTITIONERS BRYAN H. BABB* BRADLEY M. DICK** INTRODUCTION The Indiana Supreme Court promulgates the Indiana Rules of Appellate Procedure (“Appellate Rules” or “Rules”), and Indiana’s appellate courts—the Indiana Supreme Court (“Supreme Court”), the Indiana Court of Appeals (“Court of Appeals”), and the Indiana Tax Court—interpret and apply the Rules. The Indiana Court of Appeals and Indiana Supreme Court issued a number of decisions analyzing the Appellate Rules, including further developing Indiana’s jurisprudence on the timeliness of appeals and other issues. Keywords: appeal; appellate; court; indiana; motion; order; rule; supreme; supreme court; trial; trial court
• 2017 Survey of Indiana Lawyer Discipline Decisions by Witte, G. Michael (2018) - • 3.4(c): Knowingly disobeying court orders. His appeal of that conviction was unsuccessful.210 After his conviction, he tried to reach J.D. at her place of employment.211 He also saw a friend of J.D.’s at the courthouse.212 The friend was there for court business related to her recent arrest for driving while suspended.213 Johnson told J.D.’s friend to meet him at his office and to enter through the back door.214 He tried to persuade the friend to have J.D. call him and he asked her for J.D.’s new address.215 He continued his campaign of intimidation by threatening the police officer investigating new criminal allegations of violating the orders of protection, finding J.D.’s new residence, repeatedly driving by her new residence, parking across the street from her new residence, and slowly driving by her new residence and staring at J.D. when present.216 The commission cited Johnson for violating the following Rules of Professional Conduct: • 8.4(b): Keywords: attorney; case; client; commission; court; disciplinary; discipline; fee; ind; indiana; lawyer; misconduct; n.e.3d; order; professional; respondent; review; rule; supreme; trial; westerfield
• Trusts and Decedents' Estates by Falender, Debra A. (1977) - App. 1976) (heir could seek modification of a court order decreeing him a missing heir, pursuant to Ind. Code § 29-l-17-12(b) (1976), on application filed, as provided in i± § 29-1-1-21, within one year after discharge of personal representative on final settlement). 'Obsolete language regarding homestead, widow's, and family allowance was deleted from Ind. Code § 29-1-3-7 (1976). Keywords: code; court; ind; indiana; n.e.2d; statute; surviving; trust
• Workmen's Compensation by Utken, Gregory J. (1977) - This statutory provision declares that if, after the par- ties have entered into a compensation agreement approved by the Board, they disagree as to the continuance of payments, either party •Rule 32 of the Industrial Board Rules of Procedure states: If an injured employee, or his dependents have been awarded compensa- tion by the industrial board, either by approval of an agreement, or by an award upon a hearing, the employer shall continue the payments of compen- sation under the terms of such award or agreement for the specific period therein fixed, or until such employee returns to work, or the dependency ends, or the employer shall have disagreed with the injured employee or the dependents as to the continuation of such compensation payments. « In February 1973, the company ceased payments and filed a Form 14, seeking to terminate or reduce compensation payments to Sissom. Keywords: board; compensation; court; employer; ind; indiana; workmen
• Front Matter by Law Review, Indiana (1978) - James F. Bailey, III, J.D., M.A.L.S. (University of Michigan, 1964, 1970), Director of Library and Associate Professor Agnes Barrett, J.D. (Indiana University, 1964), Associate Professor Gerald L. Bepko, LL.M. (Yale University, 1972), Professor Bernard J. Boyle, J.D. (DePaul University, 1949), Visiting Associate Professor and Director of Clinical Education and Placement Clyde H. Crockett, LL.M. (The London School of Economics, 1972), Associate Pro- fessor Debra A. Falender, J.D. (Indiana University, 1975), Assistant Professor Cleon H. Foust, J.D. (University of Arizona, 1933), Professor (on loan, 1976-77) G. Kent Frandsen, J.D. (Indiana University, 1965), Assistant Dean and Associate Professor David A. Funk, LL.M. (Columbia University, 1973), Professor Paul J. Galanti, J.D. (University of Chicago, 1963), Professor Helen P. Garfield, J.D. (University of Colorado, 1967), Associate Professor Alan H. Goldstein, J.D. (Indiana University, 1969), Lecturer Harold Greenberg, J.D. (University of Pennsylvania, 1962), Associate Professor John S. Grimes, J.D. (Indiana University, 1931), Professor of Jurisprudence Emeritus Jeffrey W. Grove, J.D. (George Washington University, 1969), Associate Professor William F. Harvey, LL.M. (Georgetown University, 1961), Dean and Professor Lawrence A. Jegen, III, LL.M. (New York University, 1963), Professor William R. Jones, LL.M. (University of Michigan, 1970), Professor Henry C. Karlson, LL.M. (University of Illinois, 1977), Assistant Professor Charles D. Kelso, J.S.D. (Columbia University, 1968), Professor William A. Kerr, LL.M. (Harvard University, 1958), Professor Walter W. Krieger, Jr., LL.M. (George Washington University, 1969), Associate Professor William E. Marsh, J.D. (University of Nebraska, 1968), Associate Professor Melvin C. Poland, LL.M. (University of Michigan, 1950), Professor Ronald W. Polston, LL.B. (University of Illinois, 1958), Professor Gary A. Ratner, LL.M. (Yale University, 1974), Associate Professor Charles G. Reeder, J.D. (Indiana University, 1965), Lecturer Marshall J. Seidman, LL.M. (Harvard University, 1970), Assistant Dean for Adminis- tration and Finance and Professor William A. Stanmeyer, J.D. (DePaul University, 1966), Associate Professor (on leave 1977-78) Kenneth M. Stroud, J.D. (Indiana University, 1961), Associate Professor James W. Torke, J.D. (University of Wisconsin, 1968), Associate Professor R. BRUCE Townsend, J.D. (University of Iowa, 1940), Professor of Jurisprudence James P. White, LL.M. (George Washington University, 1959), Professor (on leave) Harold R. Woodard, J.D. (Harvard University, 1936), Professorial Lecturer Indiana University School of Law — Indianapolis 1977-1978 ADMINISTRATIVE OFFICERS AND FACULTY John W. Ryan, Ph.D., President of the University Glenn W. Irwin, Jr., M.D., Vice President of the University William F. Harvey, LL.M., Dean, Indiana University School of Law—Indianapolis G. Kent Frandsen, J.D., Assistant Dean, Indiana University School of Law—Indian- apolis. Keywords: indiana; j.d; professor; university
• Front Matter by Law Review, Indiana (1978) - James F. Bailey, III, J.D., M.A.L.S. (University of Michigan, 1964, 1970), Director of Library and Associate Professor Agnes Barrett, J.D. (Indiana University, 1964), Associate Professor Gerald L. Bepko, LL.M. (Yale University, 1972), Professor Bernard J. Boyle, J.D. (DePaul University, 1949), Visiting Associate Professor and Director of Clinical Education and Placement Clyde H. Crockett, LL.M. (The London School of Economics, 1972), Associate Pro- fessor Debra a. Falender, J.D. (Indiana University, 1975), Assistant Professor Cleon H. Foust, J.D. (University of Arizona, 1933), Professor G. Kent Frandsen, J.D. (Indiana University, 1965), Assistant Dean and Associate Professor David A. Funk, LL.M. (Columbia University, 1973), Professor Paul J. Galanti, J.D. (University of Chicago, 1963), Professor Helen P. Garfield, J.D. (University of Colorado, 1967), Associate Professor Alan H. Goldstein, J.D. (Indiana University, 1969), Lecturer Harold Greenberg, J.D. (University of Pennsylvania, 1962), Associate Professor John S. Grimes, J.D. (Indiana University, 1931), Professor of Jurisprudence Emeritus Jeffrey W. Grove, J.D. (George Washington University, 1969), Associate Professor William F. Harvey, LL.M. (Georgetown University, 1961), Dean and Professor Lawrence A. Jegen, III, LL.M. (New York University, 1963), Professor William R. Jones, LL.M. (University of Michigan, 1970), Professor Henry C. Karlson, LL.M. (University of Illinois, 1977), Assistant Professor Charles D. Kelso, J.S.D. (Columbia University, 1968), Professor William A. Kerr, LL.M. (Harvard University, 1958), Professor Walter W. Krieger, Jr., LL.M. (George Washington University, 1969), Associate Professor William E. Marsh, J.D. (University of Nebraska, 1968), Associate Professor Melvin C. Poland, LL.M. (University of Michigan, 1950), Professor Ronald W. Polston, LL.B. (University of Illinois, 1958), Professor Gary A. Ratner, LL.M. (Yale University, 1974), Associate Professor Charles G. Reeder, J.D. (Indiana University, 1965), Lecturer Marshall J. Seidman, LL.M. (Harvard University, 1970), Assistant Dean for Adminis- tration and Finance and Professor William A. Stanmeyer, J.D. (DePaul University, 1966), Associate Professor (on leave 1977-78) Kenneth M. Stroud, J.D. (Indiana University, 1961), Associate Professor James W. Torke, J.D. (University of Wisconsin, 1968), Associate Professor R. Bruce Townsend, J.D. (University of Iowa, 1940), Professor of Jurisprudence James P. White, LL.M. (George Washington University, 1959), Professor (on leave) Harold R. Woodard, J.D. (Harvard University, 1936), Professorial Lecturer * Indiana University School of Law — Indianapolis 1977-1978 ADMINISTRATIVE OFFICERS AND FACULTY John W. Ryan, Ph.D., President of the University Glenn W. Irwin, Jr., M.D., Vice President of the University William F. Harvey, LL.M., Dean, Indiana University School of Law—Indianapolis G. Kent Frandsen, J.D., Assistant Dean, Indiana University School of Law—Indian- apolis. Keywords: indiana; j.d; ll.m; professor; university
• Front Matter by Law Review, Indiana (1978) - James F. Bailey, III, J.D., M.A.L.S. (University of Michigan, 1%4, 1970), Director of Library and Associate Professor Agnes Barrett, J.D. (Indiana University, 1964), Associate Professor Gerald L. Bepko, LL.M. (Yale University, 1972), Professor Bernard J. Boyle, J.D. (DePaul University, 1949), Visiting Associate Professor and Director of Clinical Education and Placement Clyde H. Crockett, LL.M. (The London School of Economics, 1972), Associate Pro- fessor Debra a. Falender, J.D. (Indiana University, 1975), Assistant Professor Cleon H. Foust, J.D. (University of Arizona, 1933), Professor G. Kent Frandsen, J.D. (Indiana University, 1965), Assistant Dean and Associate Professor David A. Funk, LL.M. (Columbia University, 1973), Professor Paul J, Galanti, J.D. (University of Chicago. 1963), Professor Helen P. Garfield, J.D. (University of Colorado, 1967), Associate Professor Alan H. Goldstein, J.D. (Indiana University, 1969), Lecturer Harold Greenberg, J.D. (University of Pennsylvania, 1962), Associate Professor John S. Grimes, J.D. (Indiana University, 1931), Professor of Jurisprudence Emeritus Jeffrey W. Grove, J.D. (George Washington University, 1969), Associate Professor William F. Harvey, LL.M. (Georgetown University, 1961), Dean and Professor Lawrence A. Jegen, III, LL.M. (New York University, 1963), Professor William R. Jones, LL.M. (University of Michigan, 1970), Professor Henry C. Karlson, LL.M. (University of Illinois, 1977), Assistant Professor Charles D. Kelso, J.S.D. (Columbia University, 1968), Professor William A. Kerr, LL.M. (Harvard University, 1958), Professor Walter W. Krieger, Jr., LL.M. (George Washington University, 1969), Associate Professor William E. Marsh, J.D. (University of Nebraska, 1968), Associate Professor Melvin C. Poland, LL.M. (University of Michigan, 1950), Professor Ronald W. Polston, LL.B. (University of Illinois, 1958), Professor Gary A. Ratner, LL.M. (Yale University, 1974), Associate Professor Charles G. Reeder, J.D. (Indiana University, 1965), Lecturer Marshall J. Seidman, LL.M. (Harvard University, 1970), Assistant Dean for Adminis- tration and Finance and Professor William A. Stanmeyer, J.D. (DePaul University, 1966), Associate Professor (on leave 1977-78) Kenneth M. Stroud, J.D. (Indiana University, 1%1), Associate Professor James W. Torke, J.D. (University of Wisconsin, 1968), Associate Professor R. Bruce Townsend, J.D. (University of Iowa, 1940), Professor of Jurisprudence James P. White, LL.M. (George Washington University, 1959), Professor (on leave) Harold R. Woodard, J.D. (Harvard University, 1936), Professorial Lecturer i Indiana University School of Law— Indianapolis 1977-1978 ADMINISTRATIVE OFFICERS AND FACULTY John W. Ryan, Ph.D., President of the University Glenn W. Irwin, Jr., M.D., Vice President of the University William F. Harvey, LL.M., Dean, Indiana University School of Law—Indianapolis G. Kent Frandsen, J.D., Assistant Dean, Indiana University School of Law—Indian- apolis. Keywords: indiana; j.d; professor; university
• Ademption by Extinction in Indiana by Schooley, J. Bradley (1978) - Id. § 29-1-5-6 provides in pertinent part: No will in writing, nor any part thereof, except as in this act provided, shall be revoked, unless the testator, or some other person in his presence and by his direction, with intent to revoke, shall destroy or mutilate the same; or such testator shall execute other writing for that purpose, signed subscribed and attested as required in section 503 (b) A specific devisee has the right to the remaining specifically devised property and: (1) any balance of the purchase price (together with any security inter- est) owing from a purchaser to the testator at death by reason of sale of the property); (2) any amount of a condemnation award for the taking of the property unpaid at death; (3) any proceeds unpaid at death on fire or casualty insurance on the property; and (4) property owned by testator at his death as a result of foreclosure, or obtained in lieu of foreclosure, of the security for a specifically devised obligation. Keywords: ademption; court; estate; ind; indiana; intent; n.e.2d; note; rule; supra; supra note; testator
• Front Matter by Law Review, Indiana (1978) - Indiana Law Review INDIANA LAW REVIEW VOLUME 12 1978-79 The Trustees of Indiana University Copyright © 1978, 1979 Indiana Law Review Volume 12 1979 Diane Hubbard Kennedy Editor-in- Chief David S. Curry Alan H. Raphael Carolyn D. Schoenberg Articles Editors Sorrelle L. Ancel Executive Editor Gary R. Harter Julia B. Hirsch Challoner Morse McBride Managing Editors Nancy f. Broyles Sheryl J. mcKinney jordan h. leibman david f. snively Michael k. McCrory Patricia p. truitt Lex l. Venditti Note and Development Editors Stephen A. Arthur Lynne M. McMahan Charles E. Barbieri R. Matthew Neff Kevin M. Barton Edward V. Olson Gregory Bubalo Carolyn Curie Peck Monette E. Draper Patricia A. Polis Paul H. Ellison Wendy B. Reisman Roger D. Erwin Joan Ruhtenberg John R. Halpin Patrick J. Schauer Carole J. Johnson . Michael Schiff Patti J. Kurth Stephen M. Terrell Linda R. Lamping Katherine B. Warwick Associate Editors Paul J. Galanti Faculty Advisor Pamela Heidenreich Editorial Assistant Keywords: indiana
• Civil Procedure and Jurisdiction by Harvey, William F. (1978) - Thus, the appellate court ruled that the trial court had abused its discretion in not granting a motion for relief from judgment pursuant to Trial Rule 60.9 3. The court said that the delay in amen- ding the complaint, the burden of further discovery, the death of a witness who was not indispensable, and the increased expense of discovery did not show that prejudice would result if the amend- ment were allowed.32 State Farm also contended that the plaintiff could not amend because defendant's motion to dismiss pursuant to Trial Rule 12(B)(6) was granted, and that Trial Rule 12(B)(8)33 read in conjunction with Trial Rule 6(C)34 imposes an absolute deadline of ten days for amend- ment of the pleadings. Keywords: app; appeals; court; ind; indiana; judgment; motion; n.e.2d; party; trial; trial court; trial rule
• Decedents' Estates and Trusts by Falender, Debra A. (1978) - shall each take and hold the undivided one-half interest in said real estate for and during the term of their natural lives respectively, the fee simple of asid [sic] real estate to be vested in my grand- children, children of my two said daughters. ... On the death of either of my said daughters it is my will that the children of such deceased daughter living at the time of her death shall take and hold absolutely and in fee simple free and clear of any interest or claim of such surviving daughter the part or interest in said real estate held by their de- ceased mother as life tenant.18 The trial court determined that the grandchildren were given a vested remainder, which descended to the heirs of two grand- children who predeceased their mothers. Keywords: code; court; estate; ida; ind; indiana; n.e.2d; puett; testator; vaught
• Where Is the Hoosier Hospitality? The Ever-Evolving Child-Parent Relationship and Indiana's Need for Gender-Neutrality by Lohsl, Bradley (2021) - I. PAVAN V. SMITH Pavan v. Smith, a recent decision of the U.S. Supreme Court, effectively nullified the constitutionality of the current Indiana Parenthood Statutes. current Indiana Parenthood Statutes are very similar to the Arkansas statutes struck down in Pavan.64 Indiana Code section 31-9-2-15 provides that for a child to be born “in wedlock,” that child must be born to a woman and a man who is presumed to be the father.65 Indiana Code section 31-9-2-16 stipulates that a child is born “out of wedlock” if a man is not presumed to be the child’s father.66 Keywords: birth; birthing; certificate; child; gender; indiana; language; parent; rights; sex; state; statutes; worksheet
• Rolling the Dice: The Impact of HEA 1350 on Casino Tax Revenues and Distributions in Indiana by Robison, Henry I. (2021) - And after the grand opening of Four Winds South Bend, state officials and the Indiana casino industry are bracing for an even bigger impact.1 8 9 Because the tribal casino will likely drain even more business away from nearby private casinos, Indiana could potentially lose millions of dollars in casino tax revenue because tribal casinos are not subject to state taxes.190 “Nobody (in Indiana) has dealt with this before,” said Ed Feigenbaum, editor of the Indiana Gaming Insight newsletter, adding that “[i]t’s going to be a game changer, and it’s going to be particularly bad news for Blue Chip in Michigan City. And although it missed an opportunity to do so in HEA 1350, the State should now study and find solutions to any problems tribal gaming may create for the state’s casinos and falling casino tax revenues.206 CONCLUSION HEA 1350 amended the gaming tax landscape for Indiana casinos to fulfill the goals of reducing casinos’ tax burdens, encouraging economic growth, and easing some of the administrative burdens of running a casino.207 Indiana casino operators have universally stated their support for repealing the Admission Tax, replacing it with a Supplemental Wagering Tax, and phasing out the RWT addback requirement.208 Keywords: casino; distributions; gaming; gross; harmless; hea; hold; indiana; note; receipts; revenue; riverboat; state; supra; supra note; tax; year
• Domestic Relations by Garfield, Helen (1978) - The United States Supreme Court held in Shaffer that all assertions of state court jurisdiction must meet the minimum contacts due process standard of International Shoe Co. v. Washington, 100 92The court of appeals upheld the trial court's finding of domicile although the husband had not lived in the state since his enlistment from Indiana in 1968. No such claim was involved in Strawser. •Although actions for child support are authorized by statute, Ind. Code § 31-l-11.5-3(b) (1976), it has long been recognized in Indiana that courts of general equity jurisdiction have the power to order parents to support their children independent of statutes. Keywords: app; appeals; child; code; court; decree; husband; ind; indiana; marriage; n.e.2d; property; statute; support; trial court; wife
• Professional Responsibility by Honecker, Frances J. (1978) - 1979] SURVEY-PROFESSIONAL RESPONSIBILITY 259 were taken from the recommendations of the Indiana State Bar Association House of Delegates.3 Of the fourteen Ethical Considerations 4 and five Disciplinary Rules5 changed by the supreme court's amendments, DR 2-101, which details advertising controls, is of particular interest to Indiana attorneys. The Indiana State Bar issued an opinion which considered the rights of attorneys in disputes or potential disputes over fees with clients. Keywords: attorney; code; court; indiana; lawyer; n.e.2d; state; supreme
• Property by Falender, Debra A. (1978) - App. 1978) (court ordered reconveyance of property where prior conveyance to husband was procured by undue influence); Randolph v. Wolff, 374 N.E.2d 533 (Ind. Ct. 20The court stated: Waste is the destruction, misuse, alteration, or neglect of the premises by one lawfully in possession to the prejudice of an estate or interest therein of another. Keywords: app; broker; commission; court; easement; estate; ind; indiana; lease; n.e.2d; property; purchaser
• Taxation by Boyd, John W. (1978) - Current law on industrial waste control facilities is codified at Ind. Code §§ 6-1.1-10-9 to 11 (1976). 95 Transactions constituting sales to corporations which pro- duce power exclusively for the use of public utilities and which are owned or controlled by such utilities are extended sales tax exemp- tions by an amendment to the exemption statute.96 The legislature also extended sales tax exemptions to include sales of equipment or devices used to administer insulin,97 necessities for colostomy or ileostomy, and medical equipment, sup- plies, or devices used in conjunction with the aforementioned ar- ticles. Keywords: board; code; court; exemption; income; ind; indiana; n.e.2d; property; state; tax
• Front Matter by Law Review, Indiana (1979) - Indiana University School of Law— Indianapolis 1978-1979 ADMINISTRATIVE OFFICERS AND FACULTY John W. Ryan, Ph.D., President of the University Glenn W. Irwin, Jr., M.D., Vice President of the University William F. Harvey, LL.M., Dean, Indiana University School of Law—Indianapolis G. Kent Frandsen, J.D., Assistant Dean, Indiana University School of Law—Indian- apolis Marshall J. Seidman, LL.M., Assistant Dean for Administration and Finance, Indi- ana University School of Law—Indianapolis Thomas B. Allington, LL.M. (New York University, 1971), Professor Edward P. Archer, LL.M. (Georgetown University, 1964), Professor James F. Bailey, III, J.D., M.A.L.S. (University of Michigan, 1964, 1970), Director of Library and Associate Professor Agnes Barrett, J.D. (Indiana University, 1964), Associate Professor Gerald L. Bepko, LL.M. (Yale University, 1972), Professor David Campbell, J.D. (Indiana University, 1974), Lecturer Clyde H. Crockett, LL.M. (The London School of Economics, 1972), Associate Professor Debra a. Falender, J.D. (Indiana University, 1975), Assistant Professor Cleon H. Foust, J.D. (University of Arizona, 1933), Professor Emeritus G. Kent Frandsen, J.D. (Indiana University, 1965), Assistant Dean and Professor David A. Funk, LL.M. (Columbia University, 1973), Professor Paul J. Galanti, J.D. (University of Chicago, 1963), Professor Helen P. Garfield, J.D. (University of Colorado, 1967), Associate Professor Alan H. Goldstein, J.D. (Indiana University, 1969), Lecturer Harold Greenberg, J.D. (University of Pennsylvania, 1962), Associate Professor John S. Grimes, J.D. (Indiana University, 1931), Professor of Jurisprudence Emeritus Jeffrey W. Grove, J.D. (George Washington University, 1969), Associate Professor William F. Harvey, LL.M. (Georgetown University, 1961), Dean and Carl M. Gray Professor of Law Robert Hoffman, J.D. (Indiana University, 1974), Lecturer Lawrence A. Jegen, III, LL.M. (New York University, 1963), Professor William R. Jones, LL.M. (University of Michigan, 1970), Professor Henry C. Karlson, LL.M. (University of Illinois, 1977), Assistant Professor Charles D. Kelso, J.S.D. (Columbia University, 1968), Professor William A. Kerr, LL.M. (Harvard University, 1958), Professor Walter W. Krieger, Jr., LL.M. (George Washington University, 1969), Associate Professor Christina L. Kunz, J.D. (Indiana University, 1978), Lecturer William E. Marsh, J.D. (University of Nebraska, 1968), Associate Professor SUSANAH Mead, J.D. (Indiana University, 1976), Lecturer Melvin C. Poland, LL.M. (University of Michigan, 1950), Professor . Ronald W. Polston, LL.B. (University of Illinois, 1958), Professor Charles G. Reeder, J.D. (Indiana University, 1965), Lecturer Marshall J. Seidman, LL.M. (Harvard University, 1970), Assistant Dean for Adminis- tration and Finance and Professor Kenneth M. Stroud, J.D. (Indiana University, 1961), Professor James W. Torke, J.D, (University of Wisconsin, 1968), Associate Professor R. Bruce Townsend, J.D. (University of Iowa, 1940), Professor of Jurisprudence LiLA Young, J.D. (Indiana University, 1970), Visiting Assistant Professor Harold R. Woodard, J.D. (Harvard University, 1936), Lecturer Keywords: indiana; j.d; ll.m; professor; university
• Indiana's Obvious Danger Rule of Products Liability by Leibman, Jordan H. (1979) - There is no reason to conclude from the Indiana court rulings that obvious design dangers are ab- solutely protected in this state from a duty to guard if economically feasible. IV. [Vol. 12:397 resulting from obvious dangers is a policy decision, not a logical con- sequence of emphasizing the manufacturer's heightened duty to pro- tect users from concealed dangers. Keywords: app; co.; court; danger; design; duty; f.2d; ind; indiana; liability; manufacturer; n.e.2d; plaintiff; product; risk; rule
• Prior Statements as Substantive Evidence in Indiana by Terrell, Stephen M. (1979) - Finally, the substantive use is limited to prior inconsistent statements, specifically excluding prior consistent statements. Indiana Law Review Prior Statements as Substantive Evidence in Indiana I. Introduction In general, prior statements are a declarant's statements concer- ning the same subject matter to which he later testifies in court. Keywords: court; cross; declarant; evidence; indiana; n.e.2d; note; orthodox; patterson; rule; statements; supra; use; witness
• Front Matter by Law Review, Indiana (1979) - Indiana University School of Law — Indianapolis 1978-1979 ADMINISTRATIVE OFFICERS AND FACULTY John W. Ryan, Ph.D., President of the University Glenn W. Irwin, Jr., M.D., Vice President of the University William F. Harvey, LL.M., Dean, Indiana University School of Law—Indianapolis G. Kent Frandsen, J.D., Assistant Dean, Indiana University School of Law—Indian- apolis Marshall J. Seidman, LL.M., Assistant Dean for Administration and Finance, Indi- ana University School of Law—Indianapolis Thomas B. Allington, LL.M. (New York University, 1971), Professor Edward P. Archer, LL.M. (Georgetown University, 1964), Professor James F. Bailey, III, J.D., M.A.L.S. (University of Michigan, 1964, 1970), Director of Library and Associate Professor Agnes Barrett, J.D. (Indiana University, 1964), Associate Professor Gerald L. Bepko, LL.M. (Yale University, 1972), Professor David Campbell, J.D. (Indiana University, 1974), Lecturer Clyde H. Crockett, LL.M. (The London School of Economics, 1972), Associate Professor Debra a. Falender, J.D. (Indiana University, 1975), Assistant Professor Cleon H. Foust, J.D. (University of Arizona, 1933), Professor Emeritus G. Kent Frandsen, J.D. (Indiana University, 1965), Assistant Dean and Professor David A. Funk, LL.M. (Columbia University, 1973), Professor Paul J. Galanti, J.D. (University of Chicago, 1963), Professor Helen P. Garfield, J.D. (University of Colorado, 1967), Associate Professor Alan H. Goldstein, J.D. (Indiana University, 1969), Lecturer Harold Greenberg, J.D. (University of Pennsylvania, 1962), Associate Professor John S. Grimes, J.D. (Indiana University, 1931), Professor of Jurisprudence Emeritus Jeffrey W. Grove, J.D. (George Washington University, 1969), Associate Professor William F. Harvey, LL.M. (Georgetown University, 1961), Dean and Carl M. Gray Professor of Law Robert Hoffman, J.D. (Indiana University, 1974), Lecturer Lawrence A. Jegen, III, LL.M. (New York University, 1963), Professor William R. Jones, LL.M. (University of Michigan, 1970), Professor Henry C. Karlson, LL.M. (University of Illinois, 1977), Assistant Professor Charles D. Kelso, J.S.D. (Columbia University, 1968), Professor William A. Kerr, LL.M. (Harvard University, 1958), Professor Walter W. Krieger, Jr., LL.M. (George Washington University, 1969), Associate Professor Christina L. Kunz, J.D. (Indiana University, 1978), Lecturer William E. Marsh, J.D. (University of Nebraska, 1968), Associate Professor SuSANAH Mead, J.D. (Indiana University, 1976), Lecturer Melvin C. Poland, LL.M. (University of Michigan, 1950), Professor Ronald W. Polston, LL.B. (University of Illinois, 1958), Professor Charles G. Reeder, J.D. (Indiana University, 1965), Lecturer Marshall J. Seidman, LL.M. (Harvard University, 1970), Assistant Dean for Adminis- tration and Finance and Professor Kenneth M. Stroud, J.D. (Indiana University, 1961), Professor James W. Torke, J.D. (University of Wisconsin, 1968), Associate Professor R. Bruce Townsend, J.D. (University of Iowa, 1940), Professor of Jurisprudence LiLA Young, J.D. (Indiana University, 1970), Visiting Assistant Professor Harold R. Woodard, J.D. (Harvard University, 1936), Lecturer Keywords: indiana; indiana university; j.d; professor; university
• Front Matter by Law Review, Indiana (1979) - Indiana University School of Law— Indianapolis 1978-1979 ADMINISTRATIVE OFFICERS AND FACULTY John W. Ryan, Ph.D., President of the University Glenn W. Irwin, Jr., M.D., Vice President of the University William F. Harvey, LL.M., Dean, Indiana University School of Law—Indianapolis G. Kent Frandsen, J.D., Assistant Dean, Indiana University School ofLaw—Indiavr apolis Marshall J. Seidman, LL.M., Assistant Dean for Administration and Finance, Indi- ana University School of Law—Indianapolis Thomas B. Allington, LL.M. (New York University, 1971), Professor Edward P. Archer, LL.M. (Georgetown University, 1964), Professor James F. Bailey, III, J.D., M.A.L.S. (University of Michigan, 1964, 1970), Director of Library and Associate Professor Agnes Barrett, J.D. (Indiana University, 1964), Associate Professor Gerald L. Bepko, LL.M. (Yale University, 1972), Professor David Campbell, J.D. (Indiana University, 1974), Lecturer Clyde H. Crockett, LL.M. (The London School of Economics, 1972), Associate Professor Debra a. Falender, J.D. (Indiana University, 1975), Assistant Professor Cleon H. Foust, J.D. (University of Arizona, 1933), Professor Emeritus G. Kent Frandsen, J.D. (Indiana University, 1965), Assistant Dean and Professor David A. Funk, LL.M. (Columbia University, 1973), Professor Paul J. Galanti, J.D. (University of Chicago, 1963), Professor Helen P. Garfield, J.D. (University of Colorado, 1967), Associate Professor Alan H. Goldstein, J.D. (Indiana University, 1969), Lecturer Harold Greenberg, J.D. (University of Pennsylvania, 1962), Associate Professor John S. Grimes, J.D. (Indiana University, 1931), Professor of Jurisprudence Emeritus Jeffrey W. Grove, J.D. (George Washington University, 1969), Associate Professor William F. Harvey, LL.M. (Georgetown University, 1961), Dean and Carl M. Gray Professor of Law •Robert Hoffman, J.D. (Indiana University, 1974), Lecturer Lawrence A. Jegen, III, LL.M. (New York University, 1963), Professor William R. Jones, LL.M. (University of Michigan, 1970), Professor Henry C. Karlson, LL.M. (University of Illinois, 1977), Assistant Professor Charles D. Kelso, J.S.D. (Columbia University, 1968), Professor William A. Kerr, LL.M. (Harvard University, 1958), Professor Walter W. Krieger, Jr., LL.M. (George Washington University, 1969), Associate Professor Christina L. Kunz, J.D. (Indiana University, 1978), Lecturer William E, Marsh, J.D. (University of Nebraska, 1968), Associate Professor SuSANAH Mead, J.D. (Indiana University, 1976), Lecturer Melvin C. Poland, LL.M. (University of Michigan, 1950), Professor Ronald W. Polston, LL.B. (University of Illinois, 1958), Professor Charles G. Reeder, J.D. (Indiana University, 1965), Lecturer Marshall J. Seidman, LL.M. (Harvard University, 1970), Assistant Dean for Adminis- tration and Finance and Professor Kenneth M. Stroud, J.D. (Indiana University, 1961), Professor James W. Torke, J.D. (University of Wisconsin, 1968), Associate Professor R. Bruce Townsend, J.D. (University of Iowa, 1940), Professor of Jurisprudence LiLA Young, J.D. (Indiana University, 1970), Visiting Assistant Professor Harold R. Woodard, J.D. (Harvard University, 1936), Lecturer Indiana Law Review Indiana Lai!«^ Revieir Volume 12 1979 Number 4 Copyright © 1979 by the Trustees of Indiana University Article Medical Malpractice: Informed Consent to the Locality Rule Henry C. Karlson, Roger D. Erwin 653 Notes Injuries Resulting from Nonintentional Acts in Organized Contact Sports: The Theories of Recovery Available to the Injured Athlete 687 Keeping Third Parties Minor: Political Party Access to Broadcasting 713 The Equal Opportunity Doctrine in Political Broadcasting: Proposed Modifications of the Communications Act of 1934 745 Life Insurance Conditional Receipts in Indiana 777 Volume 12 April 1979 Number 4 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published four times yearly. Keywords: indiana; indiana university; j.d; professor; university
• Civil Procedure and Jurisdiction by Harvey, William F. (1980) - Thus, under Trial Rule 15(B), the issue was tried by the implied consent of the parties and treated as if it had been raised by the pleadings.'99 the notice provision in the tort claim statute was a procedural precedent which could be tolled by incompetency or waived under Trial Rule 8(C) by the defendant's failure to assert the plaintiff's noncompliance in the responsive pleading. •''The Indiana court held that Washington v. Texas, 388 U.S. 14 (1967), was distinguishable because here no arbitrary decision or rule or statute had been invoked to totally deny the defendant the right to call any one of a class of witnesses to testify. Keywords: app; appeal; case; court; error; evidence; ind; indiana; judgment; jurisdiction; motion; n.e.2d; order; state; trial court; trial rule
• Constitutional Law by Barbieri, Charles E. (1980) - Constitutional Law In the two centuries of America's history, courts considering constitutional questions have intruded into social, economic, and political areas by relying on the equal protection clause, the due pro- cess clause, the contract clause, and the commerce clause or by liberally construing constitutional provisions to fit their policies. Some commentators have observed that the courts are becoming less intrusive in these areas and are deferring such matters to the legislatures.^ According to Professor Bickel, this trend reflects the courts' limited ability to establish and implement policy in social, economic, and political areas.^ During the survey period, state and federal appellate courts in- terpreting Indiana law issued a number of controversial decisions which raised questions about the proper role of courts in determin- ing constitutional issues affecting social, economic, and political policies. Keywords: action; board; court; district; exercise; indiana; interest; n.e.2d; school; state; supp; u.s
• Domestic Relations by Garfield, Helen (1980) - In Indiana, child support orders can be modified only as to future payments; they are not retroactively modifiable.^^ — The Indiana Court of Appeals re- examined a number of earlier cases and overruled two of its own re- cent decisions in Kuhn v. Kuhn.^^^ Kuhn's implications in relation to enforcement of child support orders extend far beyond the narrow statute of limitations issue actually decided. Keywords: app; appeals; child; code; court; custody; father; husband; ind; indiana; indiana court; mother; n.e.2d; order; statute; support; trial court
• Insurance by Mortensen, Arvid L. (1980) - (policy provision requiring a 30-day notice prior to policy lapse was not applicable when previous automatic premium loans had exhausted the cash value); Pacific Mut. Life Ins. Co. v. Davin, 5 F.2d 481 (4th Cir. 1925) Indiana courts have had little oppor- tunity to provide a thorough definition of terms such as premiums, premium notices, nonforfeiture provisions, policy loans, automatic ® Keywords: cash; co.; court; fire; indiana; insurance; insurance policy; insured; loss; n.e.2d; policy; value
• Labor Law by Darko, Richard J. (1980) - Reviewing courts have been too tolerant of findings which are not things of beauty .^^ Code § 22-4-17-2(e) (1976) (amending Indiana Employment Security Act, Pub. Keywords: act; appeals; benefits; board; court; ind; indiana; leerb; n.e.2d; review; school
• Property by Falender, Debra A. (1980) - [Vol. 13:343 F. Zoning Every year, trial courts need to be reminded of the applicable standard for reviewing a zoning board's decision granting or deny- ing a use variance. Indiana courts might take one of two ap- proaches when entireties property is not expressly included in the divorce decree. Keywords: app; appeals; court; easement; ind; indiana; land; lease; lessee; n.e.2d; option; property; right; state; tarrant; trial court
• Trusts and Decedents' Estates by Barton, Kevin M. (1980) - Although no Indiana case has explicitly held that vested remainders are transferable, Indiana courts have upheld assignments of vested remainders in cases in which the issue of their validity has arisen. See Heilman v. Heilman, 129 Ind. 59, 28 N.E. 310 (1891); Summers v. Old-First Nat'l Bank & Trust Co., 105 Ind. App. 9, 13 N.E.2d 320 (1938). Keywords: app; assignment; court; estate; ind; indiana; interest; joint; n.e.2d; property; trust
• Workmen's Compensation by Arthur, Stephen E. (1980) - ''See Ind. Code § 22-3-2-6 (1976), quoted at note 1 supra. '' ''Id. See Ind. Code § 22-3-2-2 (1976). 'See Ind. Code § 22-3-2-2 (1976). Keywords: act; app; board; code; compensation; court; employee; evidence; ind; indiana; injury; n.e.2d; workmen
• How TIF Districts Can Help Battle Food Insecurity in Indiana by Uhlarik, Carla (2019) - Part III proposes a solution to Indiana food insecurity by adding provisions in the Indiana Code that would allow redevelopment commissions to fast-track TIF districts in areas labeled as food deserts. HOW TIF DISTRICTS CAN HELP BATTLE FOOD INSECURITY IN INDIANA CARLA UHLARIK* INTRODUCTION Jane Smith is a single mother with three young daughters. Keywords: access; area; avondale; code; community; deserts; districts; economic; financing; food; food insecurity; grocery; help; income; indiana; insecurity; meadows; note; public; redevelopment; supra; supra note; tax; tif
• The Efficiency of Liberalizing Branch Banking in Indiana by Transelle, John W. (1980) - Although an increase in branch banks promotes greater efficiency, strong arguments have been voiced in opposition to bank branching. [Vol. 13:799 promotes efficiency in the banking system by increasing the number of branch banks while preserving the soundness of the state banking system. II. Keywords: area; bank; banking; branch; branch bank; branching; city; court; indiana; public; town
• Front Matter by Law Review, Indiana (1977) - Indiana University School of Law—Indianapolis 1976-1977 ADMINISTRATIVE OFFICERS AND FACULTY John W. Ryan, Ph. D., President of the University Glenn W. Irwin, Jr., M.D., Vice President of the University William F. Harvey, LL.M., Dean, Indiana University School of Law—Indian- apolis G. Kent Frandsen, J.D., Assistant Dean, Indiana University School of Law— Indianapolis Thomas B. Allington, LL.M. (New York University, 1971), Professor Edward P. Archer, LL.M. (Georgetown University, 1964), Professor Charles W. Ardery, Jr., LL.B., (University of Michigan, 1967), Adjunct Professor James F. Bailey, III, J.D., M.A.L.S. (University of Michigan, 1964, 1970), Director of Library and Associate Professor Agnes Barrett, J.D. (Indiana University, 1964), Associate Professor y Gerald L. Bepko, LL.M. (Yale University, 1972), Professor Bernard J. Boyle, LL.D. (DePaul University, 1949), Lecturer Kenneth P. Cohen, LL.M. (Yale University, 1976), Assistant Professor Clyde H. CROCKErr, LL.M. (The London School of Economics, 1972), Asso- ciate Professor Robert F. Dugan, M.C.L. (University of Chicago, 1969), Associate Professor (on leave, 1976-77) i-^EBRA A. Falender, J.D. (Indiana University, 1975), Assistant Professor a/CLEON H. Foust, J.D. (University of Arizona, 1933), Professor (on loan, 1976-77) G. Kent Frandsen, J.D. (Indiana University, 1965), Assistami Dean and Associate Professor '• David A. Funk, LL.M. (Columbia University, 1973), Professor -'Paul J. Galanti, J.D. (University of Chicag:o, 1963), Professor w-Helen p. Garfield, J.D. (University of Colorado, 1967), Associate Professor Alan H. Goldstein, J.D. (Indiana University, 1969), Lecturer John S. Grimes, J.D. (Indiana University, 1931), Professor of Jurisprudence Jeffrey W. Grove, J.D. (George Washington University, 1969), Associate Professor William F. Harvey, LL.M. (Georgetown University, 1961), Dean and Pro- fessor Lawrence A. Jegen, III, LL.M. (New York University, 1963), Professor William R. Jones, LL.M. (University of Michigan, 1970), Associate Pro- fessor (on leave 1976-77). Charles D. Kelso, J.S.D. (Columbia University, 1968), Professor William A. Kerr, LL.M. (Harvard University, 1958), Professor ' Walter W. Krieger, Jr., LL.M. (George Washington University, 1969), As- sociate Professor * William E. Marsh, J.D. (University of Nebraska, 1968), Associate Professor Patrick Mulvaney, J.D. (Georgetown University, 1970), Assistant Professor V Melvin C. Poland, LL.M. (University of Michigan, 1950), Professor '^RonaLd W. Polston, LL.B. (University of Illinois, 1958), Professor ^Gary a. RaTner, LL.M. (Yale University, 1974), Associate Professor Charles G. Reeder, J.D. (Indiana University, 1965), Lecturer Marshall J. Seidman, LL.M. (Harvard University, 1970), Professor William A. Stanmeyer, J.D. (DePaul University, 1966), Associate Professor ^ Kenneth M. Stroud, J.D. (Indiana University, 1961), Associate Professor V- James W. Torke, J.D. (University of Wisconsin, 1968), Associate Professor ^ R. Bruce Townsend, J.D. (University of Iowa, 1940), Professor of Juris- prudence James P. White, LL.M. (George Washington University, 1959), Professor (on leave) Harold R. Woodard, J.D. (Harvard University, 1936), Professorial Lecturer Keywords: indiana; j.d; ll.m; professor; university
• Double Jeopardy Protection—Illusion or Reality? by Mead, Susanah M. (1980) - The answers to these questions depend upon the definition of same offense. Statutes which require proof of the same facts meet the test for same offense; statutes which re- quire proof of different facts do not. Keywords: act; court; criminal; defendant; double; evidence; ind; indiana; jeopardy; n.e.2d; offense; state; test; u.s
• Double Jeopardy and the Rule Against Punitive Damages of Taber v. Hutson by Smith, N. Kent (1980) - In considering the propriety of an award of punitive damages in a civil action, the vast majority of courts have held that it is im- material that the defendant is also subject to criminal prosecution for the same act.^ Indiana, however, is a member of the small minor- ity of states which, at an early date, assumed a position contrary to the majority rule and held that when a defendant is sued for a tort which is also the subject of criminal prosecution, the rule that gives damages not only to recompense the plaintiff, but to punish the of- fender is not applicable.^ Despite recent vehement assaults,^ the Indiana courts have reluctantly continued to adhere to the archaic and frequently inequitable minority position. However, before engaging in any detailed analysis of the Taber rule, a brief description of the purpose and scope of punitive damages in general is appropriate. Keywords: app; court; damages; defendant; ind; indiana; jeopardy; n.e.2d; note; prosecution; rule; subject; supra; taber; taber rule
• Decedents' Estates and Trusts by Falender, Debra A. (1980) - Probate courts in Indiana have general subject matter jurisdiction. It is to guard against this uncertainty and hazard of abuse, and to remove the trustee from temptation, that the rule does and will permit the cestui que trust to come at his own option, and, without showing essential injury, to in- 1981] SURVEY-DECEDENTS' ESTATES 305 F. Res Judicata Because courts handling probate matters in Indiana are courts of general jurisdiction, litigants must be careful to litigate all issues raised in petitions in probate proceedings in order to avoid a later defense of res judicata. Keywords: app; claim; court; estate; ind; indiana; n.e.2d; probate; probate court; property; trust
• Domestic Relations by Garfield, Helen (1980) - Both cases contain discussions of various provisions of the UCCJA which should prove useful to trial courts and practitioners attempting to interpret and apply the new statute. The children would in essence lose their second parent in ten days — one by suicide and one by court decree.^^ Keywords: app; appeals; child; code; court; custody; father; ind; indiana; indiana court; jurisdiction; marriage; n.e.2d; order; property; section; statute; support; trial court
• Insurance by Averett, Janet W. (1980) - The policy language was found to be clear and unambiguous; the court therefore refused to strictly construe the contract against the insurer.*^^ The most important aspect of Spears was the court's express re- jection of the Michigan rule of insurance policy construction which always gives a construction which is most favorable to the insured. Insurance companies may now be expected to more frequently in- clude automatic expiration clauses in their conditional receipts. Keywords: agent; app; co.; company; court; coverage; ind; indiana; insurance; insurance company; insured; liability; n.e.2d; policy; premium
• Taxation by King, J. B. (1980) - Under the Indiana-Kentucky state income tax reciprocity agreement,^ these taxpayers did not pay Indiana adjusted gross income tax. Nevertheless, Continental Steel is consis- tent with the majority of state court decisions now available on this point. Keywords: class; code; court; department; income; income tax; ind; indiana; n.e.2d; revenue; state; tax; taxpayer
• Markets, Time, and Damages: Some Unsolved Problems in the Field of Crops by Wright, R. George (1981) - There is also a potential problem of circularity insofar as witnesses evaluate a rental property on the basis of the value of crops that might be produced on it, while the courts may have turned to the rental value measure precisely because of the speculativeness of recoveries based on crop value. The former category has a role to play if rental value calculations can be done independently of crop value. Keywords: app; case; court; crop; damages; defendant; destruction; indiana; injury; land; market; market value; plaintiff; recovery; time; value
• Civil Procedure and Jurisdiction by Harvey, William F. (1973) - In the court of appeals, the question was raised whether a motion to correct error filed in the trial court was (a) a condition precedent to the appeal, and (b) the correct motion, in view of the proceeding, to file in trial court. There was no reason that plaintiff could not come to court, 56279 N.E.2d 807 (Ind. 1972). 59396 U.S. 531 (1971). Keywords: app; appeals; case; ind; indiana; judgment; jurisdiction; motion; n.e.2d; order; state; supreme court; trial court; trial rule
• Corporate Taxation by Law Review, Indiana (1973) - Statutory interpretations of the Indiana Code concerning penalty abatement, interstate business activities by Indiana corporations, and gross income exemptions are the areas in which the courts construed corporate tax laws. ' If the proper definition referred to the situs of the customers of that corporation, then Indiana corporations doing business out-of-state would nevertheless be taxed if they sold to customers within the state. Keywords: court; income; indiana; state; tax
• Criminal Procedure by Kerr, William A. (1973) - In Wilson, the supreme court held that the Indiana criminal statutes denied criminal defendants the equal protection of the law and that defendants who were acquitted because of insanity were entitled to have the issue of their mental competency deter- mined by civil commitment proceedings. Furthermore, the court quoted the American Bar Association's minimum standards for pleas of guilty and recommended them as guidelines for trial courts to follow, 128 and these standards provide for the determination of a factual basis before a guilty plea is accepted. Keywords: appeals; case; criminal; decision; defendant; district court; ind; indiana; indiana court; indiana supreme; n.e.2d; state; statute; supreme court; trial court; v. state
• Probate and Trusts by Law Review, Indiana (1973) - Though the administration of an estate is considered one proceeding ... in rem 3 many Indiana courts treat collateral or 193The Jenkins court felt that it was not the intent of the legislature in enacting the Dead Man's Statute to prevent testimony that could not affect a decedent's estate. 35The court in Pepka cited cases from the jurisdictions adhering to the ancient rule. Keywords: app; court; estate; ind; indiana; n.e.2d; testator; trust
• Shideler v. Dwyer: The Beginning of Protective Legal Malpractice Actions by MacGill, Robert D. (1981) - '^ The supreme court removed this uncertainty by first holding that Indiana Code section 34-4-19-1, which provides that medical malpractice actions must be brought within two years of the negligent act or omission, does not apply to legal malpractice actions. The Statute of Limitations for Legal Malpractice Actions Prior to Shideler, it was unclear which Indiana statute of limita- tions applied to legal malpractice actions. Keywords: action; cause; court; damage; indiana; limitations; malpractice; n.e.2d; shideler; statute; supreme
• Civil Procedure and Jurisdiction by Harvey, William F. (1982) - The court of appeals held that even though there is now an op- portunity to respond to a motion to correct in the trial court pur- suant to Trial Rule 59(E), it is not mandatory that the opponent to the motion respond.^^ Additionally, there is no admission when there is a failure to respond or file the statement in opposition.^^ The court of appeals also held that the motion to correct error is clearly not a complaint in the literal sense as the term is used in Indiana Trial Rule 1.'' The court of appeals held that the granting of an extension of time was error and concluded that Trial Rule 36(B) specifically establishes the standard to be utilized by a trial court in determining whether a party should be allowed to withdraw or amend its admissions.*^® Because that standard makes no reference to Trial Rule 6(B)(2) or to excusable neglect, the court held that excusable neglect had no bearing on whether the defend- ant in this case should have been permitted to withdraw or amend the admissions made by operation of law by failing to respond to the request.*^ g. Enforcement of discovery: Trial Rule ,?7. — Several impor- tant holdings developed in this area during the year in review. fi) Enforcement without preceding trial court order. Keywords: action; app; appeals; appellate; attorney; case; defendant; indiana; judgment; motion; n.e.2d; order; party; rules; state; supreme court; trial court; trial rule
• Criminal Law and Procedure by Lidke, Lynne D. (1982) - The Com- mission further states that Indiana Code section 35-41-2-2(c), which defines the word recklessly, does not alter the test for reckless- ness used by Indiana courts. It is argued further that local trial courts are more familiar with defendants and their promise of rehabilitation than are corrections personnel/^ The Goldsmith court avoided any discussion of the merits of shock probation and determined that a plea bargain calling for an executed sentence forecloses any probation by the court, including shock probation. Keywords: code; court; defendant; ind; indiana; n.e.2d; offense; state; trial
• Decedents' Estates and Trusts by Falender, Debra A. (1982) - The devisees relied on In re Estate of Garwood,^^^ in which the Indiana Supreme Court held that a sale of estate property by an executor to himself will be set aside with- out a showing of fraud or unfairness, and in spite of a showing that the sale was in good faith or was beneficial to the estate. The Kingseed court gives some guidance as to the factors to be evaluated by the executor in deciding whether to lease or otherwise invest estate property. Keywords: appeals; code; court; distribution; estate; executor; ind; indiana; interest; n.e.2d; property; trial court; trust
• Domestic Relations by Rhine, Pamela; Weinheimer, Anne H. (1982) - *See Ind. Code § 31-3-l-6(a) (Supp. 1981) which provides that written consent of the mother and the father of an illegitimate child must be obtained before an adoption petition may be granted, and id. § 31-3-l-6(g) which states that consent to adoption is not required of a father whose paternity has not been established by court proceeding. It also indicates that once oral consent is given in court or the court is convinced of the validity of a written consent, the consent is permanent unless the consenting parent can prove fraud or duress. Keywords: app; child; code; court; father; ind; indiana; mother; n.e.2d; trial court
• Insurance by Frandsen, G. Kent (1982) - Appellants argued that the court erred in direct- ing a verdict because there was sufficient evidence in the record to create an issue of fact for the jury concerning Willetta's apparent authority to lend her mother's car.^® Again, the majority rejected these contentions and pointed out that the Indiana statute does not require insurance policies to cover the liability of permissive users.^^ ''Id. at 1005-07. Applying the test for im- plied authorization as set forth in Home Mutual Insurance Co. v. Automobile Underwriters, Inc.,^^ the majority concluded that Kathy was not acting with implied authorization because her use of the car was not within the scope of the original permission — to use the car for commuting to and from Willetta's place of employment.^^ The appellants additionally argued that Indiana public policy re- quires a liberal interpretation of omnibus clauses.^^ Keywords: app; automobile; clauses; co.; court; coverage; damages; indiana; insurance; insured; liability; n.e.2d; policy
• Labor Law by Archer, Edward P. (1982) - LABOR LAW 281 1. Public Employee Arbitration Cases. — Public employee cases should be considered as a separate category from private employee cases because the vast body of case law which has evolved over the years construing section 301 of the Labor Management Relations Act^* has no direct application to public employee cases. The relationship between school corporation employers and certificated school employees is not comparable to the relation between private employers and employees among others for the following reasons: (i) a public school corporation is not operated for profit but to insure the citizens of the State rights guaranteed them by the Indiana State Constitution; (ii) the obligation to educate children and the methods by which such educa- tion is effected will change rapidly with increasing technology, the needs of an advancing civilization and requirements for substantial educational innova- tion; (iii) the Indiana General Assembly has delegated the discretion to carry out this changing and innovative educational function to the local governing bodies of school corporations, composed of citizens elected or ap- pointed under applicable law, a delegation which these bodies may not and should not bargain away; and (iv) public school corporations have different obligations with respect to certificated school employees under constitutional and statutory requirements than private employers have to their employees. '^Id. Keywords: agreement; bargaining; bargaining agreement; court; employees; employer; indiana; n.e.2d; public; school; state; teachers; union
• Products Liability by Vargo, John (1982) - Products Liability John Vargo* A. Introduction During this survey period, several cases have shed light on some unresolved issues concerning Indiana products liability law. In many product liability actions, certain duties arise under negligence law that are unrelated to the original date of design and maufacture. Keywords: action; appeals; court; defendant; indiana; liability; n.e.2d; negligence; products; products liability; supreme; years
• Back Matter by Law Review, Indiana (1982) - The relationship between state and federal courts • The Civil Rights Act of 1964 • Individual and governmental defenses • Legislative immunity • The liability of municipalities • jurisdictional problems • Remedies for constitutional rights violations • Exhaustion and Abstention • Issues arising under section 1982 • For handy reference, a complete text of the Constitution is provided hardbound edition appx. As well as providing an historical perspective to civil rights legislation, the text focuses on the crucial and fundamental issues in the field: • Extensive coverage of issues under section 1983 • Damages and injunctive relief • Discrimination in housing and employment • Supreme Court interpretations of federal statutes • Keywords: indiana; practice
• Confirmation of a Plan Under Chapter 11 of the Bankruptcy Code and the Effect of Confirmation on Creditors' Rights by Hopper II, Edward B. (1982) - Such plan as modified under this subsection becomes the plan only if the court, after notice and a hearing, confirms such plan, as modified, under sec- tion 1129 of this title, and circumstances warrant such modification. 65 C. Treatment of Tax Claims in Chapter 11 An important change from the Bankruptcy Code occurred when Congress adopted section 1129(a)(9)(C), which allows the debtor to spread tax claims over a six year period from the date of assess- ment of the tax claim as a part of the plan.66 As long as the 62 Id. § 1127 provides in part: (b) The proponent of a plan or the reorganized debtor may modify such plan at any time after confirmation of such plan and before substantial con- summation of such plan, but may not modify such plan so that such plan as modified fails to meet the requirements of sections 1122 and 1123 of this ti- tle. Keywords: bankruptcy; chapter; claims; class; code; confirmation; court; creditors; date; debtor; inc; indiana; interest; note; payment; plan; section; trustee; u.s.c
• Implementing the Indiana Juvenile Code by Funcheon Murphy, Sharon (1982) - 45 For adoption proceedings, the Indiana Court of Appeals made it clear in the case of In re Gray46 that juvenile courts do not have ex- clusive, original jurisdiction. 149 Prior to the new code, Indiana courts had held that the higher, intermediate level of proof was proper due to the fact that a fundamental right was being affected. Keywords: app; child; code; court; ind; indiana; juvenile; n.e.2d; new; parent; rights; supp; trial
• The Surrogate Mother Contract in Indiana by Dodd, Bette J. (1982) - Surrogate mother contracts are known to exist in only a few states,9 but in the two states which have addressed the legality of surrogate mother contracts, Kentucky and Michigan, the contracts have been found violative of existing state statutes and public policy. Surrogate mother contracts have been reported in Texas, Michigan, California and Kentucky. Keywords: adoption; child; contract; couple; court; family; ind; indiana; mother; note; supra; surrogate
• Developments in Indiana Appellate Procedure: Rule Amendments, Remarkable Case Law, and Court Guidance for Appellate Practitioners by Babb, Bryan H.; Dick, Bradley M.; Parks, Sarah T. (2021) - The appellant raised the sole issue of whether the trial court improperly denied the appellant’s motion for change of judge.55 Ultimately, the Indiana Court Appeals answered this question in the negative on the merits, but also discussed that such an appeal may be procedurally improper.56 First, the court “acknowledge[d] that ‘an interlocutory appeal raises every issue presented by the order that is the subject of the appeal.’”57 DEVELOPMENTS IN INDIANA APPELLATE PROCEDURE: RULE AMENDMENTS, REMARKABLE CASE LAW, AND COURT GUIDANCE FOR APPELLATE PRACTITIONERS BRYAN H. BABB* BRADLEY M. DICK** SARAH T. PARKS*** INTRODUCTION The Indiana Supreme Court promulgates the Indiana Rules of Appellate Procedure (“Appellate Rules” or “Rules”), and Indiana’s appellate courts—the Indiana Supreme Court (“Supreme Court”), the Indiana Court of Appeals (“Court of Appeals”), and the Indiana Tax Court—interpret and apply the Rules. Keywords: appeals; appellate; court; indiana; motion; n.e.3d; order; rule; supreme; trial
• Sports Betting in Indiana: The Proposed Legislation After Murphy v. NCAA by Zambrano, Placido A. (2021) - In Indiana, legislators in both the House of Representatives and the Senate introduced sports betting bills in the 2018 legislative session before the Murphy decision.14 However, the 2018 Indiana legislative session closed with no vote on either bill.15 Indiana legislators estimated that a sports betting bill would be effective no earlier than July 1, 2019.16 Both Indiana Representative Alan Morrison and Senator Jon Ford stated that they would re-introduce the sports betting bill again in the 2019 legislative session.17 Currently, legislators are weighing the options for sports betting 9. The first solution is giving 1 percent of the state’s sports betting yearly tax revenue to fund compulsive gambling programs, and the second solution is giving 50 percent of the casinos licensing fees to fund compulsive gambling programs.240 The National Council on Problem Gambling (“NCPG”) wants any company, sports league, or government that benefits from sports betting to devote at least 1 percent of the revenue to fund programs that prevent and treat compulsive gambling.241 Moreover, the NCPG wants betting operators to train staff about problem gambling, to set and enforce a minimum age limit, and to enable gamblers to set limits on how much time and money they spend betting.242 Indiana could also follow New Jersey’s approach, where the Division of Gaming Enforcement gives 50 percent of fees from sports betting licenses to the state’s council on compulsive gambling.243 Keywords: betting; bill; casinos; fee; fees; gambling; gaming; indiana; integrity; jersey; legislators; licensing; market; murphy; new; note; online; percent; provision; revenue; sports; sports betting; state; supra; supra note; tax
• Developments in Indiana Appellate Procedure: Rule Amendments, Remarkable Case Law, and Court Guidance for Appellate Practitioners by Babb, Bryan H.; Dick, Bradley M.; Parks, Sarah T. (2021) - (moreover, because Indiana Code section 34-13-1-6 states that “the judgment ‘draw[s] interest at an annual rate of six percent (6%) from the date of the adjournment of the next ensuing session of the general assembly,’” post-judgment interest began running from March 14, 2018, the date the General Assembly adjourned in its next ensuing session). 2021] APPELLATE PROCEDURE 813 considered whether Indiana trial courts have the authority to decide issues within worker’s compensation proceedings.82 Specifically, the issue was whether Indiana’s Lake County Circuit Court had jurisdiction “to calculate the attorney fees due in [an] Illinois Worker’s Compensation proceeding.”83 As a preliminary matter, the Court of Appeals noted that “Indiana courts only have jurisdiction to the extent that jurisdiction has been granted to them by the constitution or by statute.”84 Keywords: appeals; appellate; court; indiana; judgment; order; rule; supreme; trial
• Updates in Indiana Lake and Water Law: September 1, 2018--August 31, 2019 by Gooden, William H.; Hess, Olivia A. (2021) - The primary statutory and regulatory framework pertaining to lake and water law in Indiana is found in Indiana Code section 14-26-2 et seq. Indiana Code section 14-26-2, et seq., is known as the “Lakes Preservation Act.” Keywords: code; dam; dnr; indiana; lake; public; riparian
• Civil Procedure and Jurisdiction by Harvey, William F. (1983) - In Otte V. Tessman,^^ the Indiana Supreme Court consolidated two cases to consider the question regarding the necessity for trial courts to comply strictly with Trial Rule 56, which requires the trial court to set a time for hearing the motion for summary judgment. App. 1980) (Staton, J., dissenting)). 1983] SURVEY-CIVIL PROCEDURE 67 adopted by the Indiana Supreme Court, and that trial courts must strictly comply with those rules. Keywords: app; appeals; court; ind; indiana; judgment; motion; n.e.2d; party; state; trial; trial court; trial rule
• Domestic Relations by Buck, James A. (1983) - However, because the amount in the original decree is usually inadequate but all that the parent could afford to pay, courts will generally deny a request for a reduction in payments, in order to ease the burden on the custodial parent.®^ In recognizing a narrow exception to the general rule, the court of appeals found that there may be cases that do not fit in either of these two general categories.^^ The court of appeals affirmed the trial court's decision not to make an award to the children/^ Because the legislature has set out specific guidelines concerning the distribution of marital property for courts to follow in dissolution cases, the court refused to add a provision to this statute which the legislature clearly chose not to include. Keywords: app; appeals; child; court; dissolution; ind; indiana; n.e.2d; property; trial court
• Insurance by Trimble, John C. (1983) - In essence, the implied exception is that insurance policies do not in- sure against losses that are not fortuitous from the standpoint of the person who is to benefit from the coverage^^ — usually the insured. The court suggested that the companies could make the policy clear and unambiguous by placing the following legend across the front of the policy in red ink: IF YOU OR ANY PERSON INSURED BY THIS POLICY DELIBERATELY CAUSES A LOSS TO PROPERTY INSURED THEN THIS POLICY IS VOID AND WE WILL NOT REIMBURSE YOU OR ANYONE ELSE FOR THAT LOSS/^ To predict whether such a clause would be binding in the face of the standard challenge that insurance policies are adhesion contracts would be speculative. Keywords: app; co.; company; court; coverage; ind; indiana; insurance; insured; n.e.2d; policy
• Due Process Rights of Absent Parents in Interstate Custody Conflicts: A Commentary on In re Marriage of Hudson by Garfield, Helen P. (1983) - The Act assures that a competent forum will always be available to decide child custody and that other states will enforce the decision, but the UCCJA does not require in personam jurisdiction over an absent parent or minimum contacts between the absent parent and the forum.2 Recent United States Supreme Court cases dealing with the due process rights of nonresident defendants3 raise anew the question whether the UCCJA has struck the proper balance between the rights of parents and the welfare of their children. 17 There is little doubt that this status exception will support the continued validity of ex parte divorces, 18 but different considerations apply to child custody. Keywords: cases; child; child custody; children; contacts; court; court jurisdiction; custody jurisdiction; father; hearing; indiana; minimum; note; parent; process; rights; state; u.s; uccja
• Appellate Procedure: Are We Playing the Game Without a Complete Set of Rules? by Hamacher, David (1983) - Corp., 105 Ind. App. 520, 16 N.E.2d 698 (1938) (appellate court affirmed the judgment of the trial court and the supreme court dismissed the appellant's petition for transfer because it failed to disclose that a petition for rehearing had been filed and ruled on); On a practical basis, the obvious result of a re- quest by most appellate practitioners for a full copy of the record is to increase the mass of material presented to appellate courts in each appellate case. Keywords: app; appeal; appellate; brief; cases; court; errors; failure; ind; indiana; issues; motion; n.e.2d; petition; r. app; rule; statement
• Falling Through Statutory Gaps: Can Indiana Protect Endangered Species Without the Federal Endangered Species Act? by Kelly, R. Shane (2021) - This proposal will discuss common weaknesses shared among state endangered species legislation as well as Indiana’s greatest potential weakness when compared to the federal ESA and other states. Although recovery planning under the ESA is often regarded as ineffective, federal agencies at least have the statutory grounds to implement recovery planning.1 4 9 NESCA does not require the INDFW to prepare recovery plans for species on its list; therefore, Indiana species rely on federal recovery plans.1 5 0 Indiana’s SWAP specifically limits itself to recommendations and is not a plan of action151; therefore, Indiana lacks this fundamental statutory authority.152 The third gap relates to the protection of endangered species habitat, notably the required designation of “critical habitat” in the ESA. Keywords: endangered; endangered species; esa; federal; fischman; habitat; indiana; legislation; protection; recovery; species; species legislation; statutory; supra note
• Civil Procedure and Jurisdiction by Harvey, William F. (1984) - The supreme court agreed with that statement in general, but observed that [t]he additional grounds for relief alleged by Oxidermo in the second and third motions were either discoverable at the time the first Rule 60(B) motion was filed or related to an alleged substantive defense available to Oxidermo . . . .' 50 The court discouraged the repetitive filing of Trial Rule 60(B) mo- tions by a party suffering a default judgment and observed that when the grounds found under Trial Rule 60(B)(1) through (4) are available, then the party has up to one year from the date of the entry of default or grant of default judgment to make such a motion. Thus, the court concluded that although there was appellate jurisdiction in the case, the issue of excessive damages was not reviewable by the ap- pellate court because the defendant failed to raise the issue in the first motion filed under Trial Rule 60(B). Keywords: action; app; court; ind; indiana; judgment; motion; n.e.2d; rule; trial; trial court; trial rule
• Domestic Relations by King, Steven E. (1984) - Where the child of the petitioning grandparent is dead, the statute remains silent as to who is subject to court order. Domestic Relations Steven E. King* A. Child Support The law of child support received a healthy dose of development during the survey period, yielding both case precedent and legislative enact- ments with significant import. /. Keywords: app; appeals; child; code; court; custody; ind; indiana; n.e.2d; order; parent; support; trial
• Evidence by Tanford, J. Alexander (1984) - permit a retelling of her story through the admission of other witness testimony as to her prior statements concerning the facts at issue. Professor Tanford is one of the authors of Indiana Trial Evidence Manual (Michie 1982). 'See, e.g., Patterson v. State, 263 Ind. 55, 324 N.E.2d 482 (1975) (adopting unique rule that prior statements of witnesses available for cross-examination are not hearsay); DeVaney v. State, 259 Ind. 483, 288 N.E.2d 732 (1972) (overruling prior cases that ex- cluded expert opinions embracing the ultimate issue); Ashton v. Anderson, 258 Ind. 51, 279 N.E.2d 210 (1972) (setting out which crimes are admissible for impeachment); Bergner v. State, 397 N.E.2d 1012 (Ind. Ct. Keywords: cases; court; defendant; evidence; ind; indiana; n.e.2d; rule; state; statements; supreme; testimony; witness
• Insurance by Arthur, Stephen E. (1984) - (2) Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies. (3) Failing to adopt and implement reasonable standards for the prompt investiga- tion of claims arising under insurance policies. Keywords: app; claim; co.; court; ind; indiana; insurance; insured; loss; n.e.2d; policy; property
• Taxation by King, J. B.; Bennett, Donald P. (1984) - Thus, Indiana state tax cases, even those on appeal to the United States Supreme Court, can be won or lost at the trial court level. 73 Family trusts generally have the following features in common: (a) the assignment of the grantor's right to future income to the trust; (b) the assignment of substantially all of the grantor's property to the trust; (c) virtually unlimited discretion on the part of the trustees with respect to management and distribution of trust property; (d) the trust beneficiaries are generally the grantor's children or other members of his family; and (e) the trustees are the grantor, the grantor's spouse, and a third party. Keywords: code; court; f.2d; income; indiana; n.e.2d; property; revenue; section; state; tax; taxation; taxpayer; trust
• Trusts and Decedents' Estates by Falender, Debra A. (1984) - 73 E. Disclaimers Effective July 1, 1983, the Indiana legislature enacted a comprehen- sive disclaimer of property interests statute, 74 which repealed and replaced both the Probate Code renunciation provision, 75 and the Trust Code disclaimer provisions. The relevant paternity statute in Littlepage and Hollingsworth was Ind. Code §§ 31-4-1-1 to -33 (1976) (repealed 1978). Keywords: code; court; disclaimer; estate; ind; indiana; interest; n.e.2d; property; statute; trust
• Uniform Commercial Code by Bepko, Gerald L. (1984) - The secured party thus triggers three provisions of new Indiana Code section 26-1-9-307(1). One of the three benefits triggered by written notice is found in new Indiana Code section 26-l-9-307(l)(d), which provides that a pur- chaser with prior written notice must issue a check for payment jointly to the debtor and the secured party. Keywords: bank; buyer; code; farm; health; indiana; notice; products; section; spa; ucc
• Workers' Compensation by Leibman, Jordan H. (1984) - 9 The court stated its reasoning was limited to (( the circumstances pres- ent here, 120 yet it seems clear that its ruling will make Indiana employers generally liable for maintenance care necessary to keep an incurable in- jury at its permanent and quiescent state once that stage has been reached. at 412 (quoting White v. Woolery Stone Co., 181 Ind. App. 532, 534, 396 N.E.2d 137, 139 (1979) (quoting B. Small, Workman's Compensation Law of Indiana § 9.4, at 244 (1950))). Keywords: act; board; claimant; code; compensation; court; employer; employment; evidence; impairment; ind; indiana; industrial; n.e.2d; workers
• Karcher v. Daggett: The Supreme Court Draws the Line on Malapportionment and Gerrymandering in Congressional Redistricting by Powers, William B. (1984) - [hereinafter cited as Congressional Districts in the 1970's], l5 This was due to state legislative districts being based primarily on geographical boun- daries rather than population. Justice Brennan indicated that congressional district plans must be drawn in a good-faith effort to achieve interdistrict population equality, 113 and that the population variances in the plan must be unavoidable despite such an effort. Keywords: congressional; court; districts; indiana; interdistrict; interdistrict population; karcher; new; note; plan; population; redistricting; state; stevens; supra; variance
• Drafting and Legislative History of the Comparative Fault Act by Bayliff, Edgar W. (1984) - It provides that when the claimant's recovery is diminished by comparative fault, lack of the defendant's solvency, or by any other cause, the subrogation lien or other claim shall be diminished in the same proportion as the claim- ant's recovery is diminished. Instead, an entirely different section had been pro- posed and provided essentially that when the claimant's recovery was diminished by comparative fault, the employer's Hen for payment of worker's compensation benefits under Indiana Code section 22-3-2-13 should be similarly diminished. Keywords: act; bill; claimant; code; comparative; defendant; fault; indiana; liability; negligence; nonparty; section; supp
• The Indiana Comparative Fault Act: How Does It Compare With Other Jurisdictions? by Easterday, Debra S.; Easterday, Thomas V. (1984) - Indiana Law Review The Indiana Comparative Fault Act: How Does It Compare With Other Jurisdictions? Debra S. Easterday* Thomas V. Easterday** I. Introduction On January 1, 1985, comparative negligence will finally become law in Indiana.' Overview^ To date, the vast majority of states have adopted some form of comparative negligence. Keywords: ann; chance; co.; comparative; damages; defendant; doctrine; fault; indiana; negligence; plaintiff; risk; stat; supp
• Comparative Fault and the Nonparty Tortfeasor by Eilbacher, Leonard E. (1984) - To the extent that a given legal system ignores the fault of any tortfeasor, and shifts the financial burden from one culpable person to another, the fundamental principle of comparative fault is compromised. [Vol. 17:903 has been retained, along with comparative fault. Keywords: act; comparative; damages; defendant; fault; indiana; jury; liability; negligence; nonparty; plaintiff; tortfeasor
• Comparative Negligence in Indiana: A Unique Statute That Will Reshape the Law by Schwartz, Victor E. (1984) - L. No. 174-1984, 1984 Ind. Acts 1468 (codified at Ind. Code §§ 34-4-33-2, 4, 5, 9, to -13 (Supp. 1984)); see also V. Schwartz, Comparatie Negligence §1.1 (Supp. 1981). Code §§ 34-4-33-1 to -8 (Supp. 1984). Keywords: ann; code; fault; indiana; liability; negligence; plaintiff; stat; supp
• Fairness: A Comparative Analysis of the Indiana and Uniform Comparative Fault Acts by Smith, David Randolph; Wade, John W. (1984) - L. No. 174-1984, 1984 Ind. Acts 1468 (codified at Ind. Code §§ 34-4-33-2, 4, 5, 9, to -13 (Supp. 1984)); see also V. Schwartz, Comparatie Negligence §1.1 (Supp. 1981). Code §§ 34-4-33-1 to -8 (Supp. 1984). Keywords: ann; code; fault; indiana; liability; negligence; plaintiff; stat; supp
• The Unsettled Issue from Leidos, Inc. v. Indiana Public Retirement System: Should Item 303 Provide a Private Right of Action? by Jacobson, Jon (2022) - Leidos Inc. v. Indiana Public Retirement System, SCOTUSBLOG (June 18, 2018), https://www.scotusblog.com/case-files/cases/leidos-inc-v-indiana-public-retirement-system/ The guidance provided very few examples and did not provide a meaningful test for determining when information would not be forward-looking but also have an impact upon future operating results.210 Even though the SEC has made several efforts to clarify the disclosure provisions of Item 303, management is still uncertain when a predictive known trend or event goes from optional disclosure to mandatory.211 Commenters have stated: “the test set out by the Commission for assessing MD&A disclosures has been poorly worded and incongruous for twenty-six years,”212 and “the distinction that the SEC has drawn between required and optional disclosures is so subtle that corporations and courts alike find Item 303 of Regulation S-K difficult to apply. Keywords: brief; court; disclosure; inc; indiana; information; item; leidos; material; note; rule; sec; securities; supra; supra note; u.s
• Should Dead Men Walk Forever? A Look into Indiana's Execution Dilemma, the Constitutionality of Indefinite Death Sentences, and What Comes Next for Indiana by Marso, Virginia (2022) - [Vol. 54:473 lethal injections on any of its death row inmates.10 Presently, eight male inmates reside on death row in Indiana and one woman under Indiana death penalty is being held in Ohio.11 One male’s death sentence was set aside, receiving life in prison instead.12 Three men on Indiana’s death row have exhausted their appeals and await their execution, including Joseph Corcoran.13 Associated Press, Indiana DOC Doesn’t Have the Drugs to Kill Death Row Inmates, WTHR (Aug. 20, 2019, 4:24 AM), https://www.wthr.com/article/indiana-doc-doesnt-have-drugs- kill-death-row-inmates [https://perma.cc/772E-W7WE] Keywords: court; death; death penalty; death row; drug; execution; federal; indiana; injection; inmates; justice; note; punishment; row; state; supra; supra note; supreme; u.s
• Taking it Personally: How Making Connections Makes a Difference in the Success of Reentry Courts by Baker, Tim A. (2022) - McKinney warmly welcomed Ridley to the REACH program and reinforced his efforts to mentor other REACH participants. This belief has been reinforced many times by other REACH participants who mentioned my personal connection with Drain as one of the reasons why they felt REACH was 48. Keywords: brodie; court; district; federal; indiana; participants; program; reach; reach program; reentry; ridley; southern; york
• Who Are We Afraid of? Indiana's Criminal Reform and How It Fails to Address Those with Mental Illness and Substance Use Disorder by Robinson, Bre (2022) - Consequently, low-level offenders with mental illness and substance use disorders are siphoned into county jails without effective rehabilitation treatment.4 As a result, county jails are overcrowded and Indiana’s criminal reform is failing to address the root cause—lack of treatment for individuals with mental illness and substance use disorder.5 HEA 1006 was meant to reduce prison overcrowding, but it increased jail overcrowding.6 As a result, county jails are overcrowded, and Indiana is not addressing the driving factor leading to these crimes. Keywords: county; court; criminal; disorder; evaluation; hea; illness; indiana; individuals; jail; justice; note; overcrowding; pretrial; public; reform; risk; substance; supra; supra note; treatment; use
• Protecting the Fifth Amendment: Compelled Decryption in Indiana by Kennedy, Evan (2022) - This Note further argues that the Indiana Supreme Court adopted the proper framework in Seo v. State, despite the inevitability of the United States Supreme Court weighing in. See supra Part II. 2021] PROTECTING THE FIFTH AMENDMENT 707 possession—which created the act-of-production doctrine.171 Recall that the United States Supreme Court provided that producing documents in response to a subpoena can be testimonial if the act concedes the existence, possession, or authenticity of the documents ultimately produced.172 Keywords: amendment; conclusion; court; defendant; documents; fifth; foregone; government; indiana; phone; states; u.s; united
• The Continued Indefinite Incarceration of Indiana's Incompetent Defendants Post-Jackson by Morrison, Colleen (2022) - At the time this author wrote her Note, the DMHA did not provide outpatient competency restoration services. Moreover, American citizens expect, and the legal system requires, restraints on the freedom of convicted criminals as a result of their criminality; however, mentally ill and intellectually disabled defendants detained for competency restoration services have not yet been tried for their alleged crimes. Keywords: charges; code; commitment; competency; competency restoration; court; defendant; dmha; indiana; indiana code; note; outpatient; restoration; restoration services; services; state; supra; treatment; trial
• The Admissibility of Rape Trauma Syndrome Expert Testimony in Indiana by Tonn, Colleen Elizabeth (1984) - Because the admission of rape trauma syndrome expert testimony furthers the policy of encourag- ing victims to report the occurrence of rape, Indiana courts should increase their assessment of the probative value of rape trauma syndrome testimony. This Note examines the requirements for the admissibility of expert testimony in Indiana and provides an extended analysis of the status of rape trauma syndrome expert testimony within these evidentiary rules. Keywords: app; court; evidence; expert; indiana; rape; rape trauma; state; state v.; supra note; syndrome; testimony; trauma syndrome; victim
• Developments in Indiana Appellate Procedure: Rule Amendments, Remarkable Case Law, and Court Guidance for Appellate Practitioners by Babb, Bryan H.; Dick, Bradley M.; Parks, Sarah T. (2022) - DEVELOPMENTS IN INDIANA APPELLATE PROCEDURE: RULE AMENDMENTS, REMARKABLE CASE LAW, AND COURT GUIDANCE FOR APPELLATE PRACTITIONERS BRYAN H. BABB* BRADLEY M. DICK** SARAH T. PARKS*** INTRODUCTION The Indiana Supreme Court promulgates the Indiana Rules of Appellate Procedure (“Appellate Rules” or “Rules”), and Indiana’s appellate courts—the Indiana Supreme Court (“Supreme Court”), the Indiana Court of Appeals (“Court of Appeals”), and the Indiana Tax Court—interpret and apply the Rules. These rule amendments became mandatory for attorneys on January 1, 2020.3 Though not directly an amendment to the Indiana Appellate Rules, the Indiana Supreme Court made significant changes to Administrative Rule 9 which had an impact on the Appellate Rules. Keywords: appeals; appellate; court; ind; indiana; n.e.3d; rule; supreme; trial
• Taxation by Hetzner, Marc A.; Lindemann, Paul F. (1985) - L. No. 78-1983, 1983 Ind. Acts 662 (codified at Ind. Code § 6-2.1-3-24.5 (Supp. 1984)). ''See Ind. Code § 6-2.1-3-24 (1982); Ind. Code § 6-3-2-3 (1982) (exempting cor- porations qualifying as federal S corporations from tax under the Indiana gross income tax and Indiana adjusted gross income tax, respectively). 'A more complete discussion of the effects of this Act is contained at Smith & Hetzner, To incorporate or not to incorporate—after 'Indiana SBC Act'—, 27 Res Gestae 270 (1983). Furthermore, this gross income tax ex- emption will remove one major tax disincentive for the incorporation of partnerships and sole proprietorships, thereby subjecting the resulting corporation to Indiana tax on its gross income. Keywords: code; court; department; gross; income; income tax; indiana; indiana code; n.e.2d; revenue; state; stone; tax; united
• Indiana's Probable-Impact Test for Reversible Error by Najam, Jr., Edward W.; Warner, Jonathan B. (2022) - About the Court, COURTS.IN.GOV, www.in.gov/courts/appeals/about [https://perma.cc/ http://www.in.gov/courts/appeals/about 2022] INDIANA’S PROBABLE-IMPACT TEST FOR REVERSIBLE ERROR 29 articulating how the probable-impact test should be applied.11 In other words, the Indiana doctrine of reversible error is still a work in progress. However, the Chapman standard provides context for the meaning of Indiana’s probable-impact test.23 This Article instead addresses the operation and effect of the reversible-error doctrine under the Indiana Rules of Appellate Procedure when applied to the review of non-constitutional trial court errors, such as errors in the admission of evidence or procedural errors.24 In particular, this Article reviews the history of Indiana’s standards for reversible error under our Appellate Rules; demonstrates that the adoption of the probable-impact test was meant to clarify the law; and examines the text of the probable-impact test to conclude that that test requires the court on appeal to assess whether it can say with confidence that the error more likely than not affected the outcome of the trial court proceeding. Keywords: appellate; court; error; evidence; impact; impact test; ind; indiana; n.e.2d; state; test; trial
• Regulation of Not-for-Profit Corporations in Indiana by Baker, John T. (1985) - Transactions between members, directors, and officers and the cor- poration must be reported to permit corporation members and the secretary of state to determine the propriety of the transactions. (b) In discharging their duties, directors and officers, when acting in good faith, may rely upon financial statements of the corporation presented to them to be correct by the president or the officer of the corporation having charge of its books of accounts, or stated in a written report by an independent public or certified public accountant or firm of such accountants fairly to reflect the financial condition of such corporation. Keywords: articles; assets; attorney; benefit; board; business corporation; certificate; code; corporation; corporation act; corporation law; court; directors; general; indiana; indiana law; laws; meeting; members; nonprofit; office; profit corporation; provisions; public; secretary; section; state; supp; transaction; vote
• Citizen Standing In Environmental Licensing Procedures: Not in My Neighborhood! by Siakotos, Ellen C. (1985) - At the public hearing, interested persons may informally comment on the ques- tion of permit issuance. If the agency staff recommends permit issuance, a public hearing may be requested pursuant to code section 13-7-10-2.'* Keywords: action; agency; bremen; citizen; code; court; environmental; hearing; ind; indiana; issuance; judicial; n.e.2d; notice; permit; permit issuance; person; review; section; standing; supp; town
• Back Matter by Law Review, Indiana (1986) - FULL NAMES AND COMPLETE MAILING ADDRESS OF PUBLISHER, EDI TOR, AND MANAGING EDITOR (This Hem MUST \Or he blank, PUBLISHER (Name and Complete Mailing Address! Indiana University School of Law--IndianaPolis 735 V/est New York Street; Indianapolis, Indiana, Marion Co\int: COMPLETE MAILING ADDRESS OF KNOWN OFFICE OF PUBLICATION iSireei. Keywords: address; indiana; mailing
• The Effect of the Statute of Limitations on Compulsory Counterclaims: An Analaysis of Present Indiana Law by Gaskin, John R. (1986) - However, such reasoning is less persuasive when analyzed from the perspective of the purposes served by limitation statutes as espoused by the courts. The common law approach used by this and many other jurisdictions may lead to results that, in fact, defeat the purposes for which limitation statutes and rules of trial procedure were enacted. Keywords: action; app; counterclaim; court; defendant; ind; indiana; limitations; plaintiff; statute
• Indiana's Living Wills and Life-Prolonging Procedures Act: A Reform Proposal by Mooney, Carol Ann (1987) - In contrast, most state statutes, ^^ including Indiana's, *^^ state that the witnesses cannot be related to the declarant by blood or marriage and «^Uniform Act § 2, 9A U.L.A. 455, 458 (1985). 541-542 (West); Del. Code Ann. tit. 16, §§ 2501-2509 (1983); D.C. Code Ann. Keywords: act; code ann; indiana; life; living; patient; procedures; rev; stat; supp; treatment; west supp
• Morgan Drive Away, Inc. v. Brant: Indiana Topples a Milestone in the Law of Retaliatory Discharge by Hutchinson, Alan D. (1987) - By reading the Frampton decision too narrowly, the Morgan court abandoned the logic of that milestone case. Indiana courts have long adhered to the employment at will rule. Keywords: court; discharge; frampton; ind; indiana; morgan; n.e.2d; retaliatory
• Exchange of Confidential Communications Between Sister Corporations: An Exception to Waiver of Privilege Under Roberts v. Carrier Corp, by Woods, Judy L. (1987) - ^^Diversified Industries, 572 F.2d at 611; see also Chubb Integrated Systems v. National Bank of Wash., 103 F.R.D. 52, 63-64 (D.D.C. 1984) (distinguishing waiver of attorney-client privilege from waiver of work product privilege). See generally 8 J. Wigmore, supra note 24, § 2301, at 584. '°See, e.g.. United States v. AT&T, 642 F.2d at 1300; GAF Corp. v. Eastman Kodak Co., 85 F.R.D. 46, 52 (S.D.N.Y. 1979) (no waiver unless disclosure is inconsistent with purpose of work product privilege and disclosure substantially increases the possibility that an adversary will obtain the information). Keywords: app; attorney; client; communications; court; discovery; ind; indiana; information; n.e.2d; privilege; product; waiver; work
• Erhardt v. State: Nude Dancing Stripped of First Amendment Protection by Been, Jeffrey A. (1986) - Instead, the majority accepts a specious distinction between speech and conduct in first amendment analysis'^ and applies it to nude dancing so to penalize apparently all public nude conduct unaccompanied by Shakespearean verse or MacDermot score. '^ The differing treatment of nude dancing by Indiana *Lecturer in Law, Indiana University School of Law—Indianapolis; A.B., Wabash College, 1981; J.D., Indiana University School of Law—Indianapolis, 1984. Keywords: amendment; court; dancing; indiana; n.e.2d; nude; public; state; statute; supreme; u.s
• Public Policy and Antitrust Enforcement in the Health Industry by Calhoun, Mildred L. (1986) - supervised by the state and, furthermore, the plaintiff is afforded the due process safeguards of hearings and state court review. '^ The plaintiffs argued that Blue Cross/Blue Shield had violated sec- tion two by abusing its alleged monopsony power. '^ Keywords: antitrust; blue; care; court; f.2d; hospital; indiana; review; state
• Survey of Indiana Administrative Law by Tolliver, Terry (2023) - Second, even though the Board Members are appointed by the governor, they are still insulated from political influence because they are independent decision makers.32 Third, the Board’s decision is reviewable under Ind. Code §§ 4-21.5-5-1 and 4-21.5-5-16.33 Finally, the Board is also required by Ind. Code § 25-1-9-13 to be consistent and explain any departure from its prior decisions.34 In Indiana Board of Pharmacy v. Elmer, the Indiana Court of Appeals found that the Board of Pharmacy has no jurisdiction over a former licensee whose license had expired.51 Paul J. Elmer was a licensed pharmacist in Indiana but was indicted in 2017 by a federal grand jury in the Southern District of Indiana for misuse of his pharmacy license.52 A month later, the State filed with the State Pharmacy Board a petition to suspend Elmer’s license due to the federal indictment, which the Board granted.53 Although Elmer appealed his suspension, he failed to renew his pharmacist's license and “his license automatically expired and became invalid pursuant to Indiana Code Section 25-26-13-14(b)” in 2018.54 A special judge subsequently overturned the Board’s decision because it was unsupported by substantial evidence.55 On April 18, 2019, the Board dismissed the suspension of Elmer's license.56 Keywords: board; code; court; ind; indiana; review
• The COVID-19 Pandemic: How Indiana Courts Have Responded by Welch, Heather (2023) - She immediately began issuing orders on trial courts’ Indiana Administrative Rule 17 Petitions.17 On March 13, 2020, Clark, Delaware, Lake Circuit, and Marion County Courts all filed emergency petitions to address court operations during the COVID-19 pandemic.18 Within the first four weeks of the global pandemic, the Indiana Supreme Court issued approximately twelve Indiana Administrative Rule 17 Emergency Relief orders to assist Indiana trial courts in responding to this public health crisis.19 On April 24, 2021, she created the Indiana Resuming Court Operations Task Force (“Task Force”) and appointed the following individuals: Task Force Chair and then President of the Indiana Judges Association Judge Vicki Carmichael from Clark County, Judge Dana Kenworthy from Grant County, Judge Rich Stalbrink from LaPorte County, Judge Hunter Reece from Warren County, and myself from Marion County.20 The Task Force was staffed by Indiana Office of Court Services Attorneys Brenda Rodeheffer, Richard Payne, Jim McGuire, and Diane Mains.21 The Task Force at the direction of the Chief Justice has provided significant guidance to Indiana trial court judges on many topics affecting court operations during the pandemic. On March 13, 2020, the Indiana Supreme Court permitted the suspension of jury trials in Marion County if the defendant’s rights would not be prejudiced.65 Per the Indiana Supreme Court order issued on May 29, 2020, Indiana trial courts were permitted to restart jury trials on August 17, 2020, provided the court had implemented measures which promoted the public health and safety of participants.6 6 After August 17, 2020, some Indiana trial courts conducted jury trials, which varied from county to county based on the status of the virus. Keywords: county; court; covid-19; emergency; hearings; indiana; indiana trial; judges; jury; jury trials; marion; operations; order; pandemic; remote; superior; supreme; trial courts; trials
• Senate Enrolled Act No. 1: A New Era of Banking Expansion in Indiana by Barnhizer Rivas, Susan; Lewis, David P. (1986) - That clause invalidates the provision allowing regional bank holding companies to acquire Indiana banks and bank holding companies if an Indiana or federal court con- strues the statute to allow the acquisition of Indiana banks and bank holding companies by nonregional bank holding companies. '^ If a regional bank holding company that has obtained control of Indiana institutions ceases to be a regional bank holding company as a result of acquiring a bank in another state that is not contiguous to Indiana, it will be required within two years to divest itself of all Indiana banks and Indiana bank holding companies, subject to certain narrow and technical exceptions. Keywords: act; bank; banking; companies; company; indiana; indiana bank; kentucky; ohio; regional; state
• A Case for Regulating Gamified Investing by Schloneger, Noah (2023) - Most famously, confetti animations would rain down in the Robinhood application when users purchased their first stock or opened an account.41 Popularized in commercials and advertisements, the Robinhood confetti became an identifiable part of the company’s brand.42 Among other gamification techniques, Robinhood offers free stock for signing up friends, displays the one-hundred most-held stocks by fellow Robinhood investors, displays the top twenty stocks with the most volatility, and sends notifications that include emojis.43 Another online brokerage firm, eToro, allows investors to “find your favorite featured eToro users and copy all of their trades in one click. In fact, Robinhood users trade forty times as 135. Keywords: broker; comments; dealers; game; gamification; indiana; information; interest; investing; investment; investors; note; practices; recommendation; regulation; robinhood; rule; sec; securities; supra; trading
• Legislative Developments in Family Law by Rucker, Molly P. (1986) - ^^ Under this definition of property, Indiana courts consistently have held that a court cannot award an interest in a ''Id. Id. § 31-1-1 1.5-13(g). '^Id. L. No. 279-1985 (codified at Ind. Code §§ 31-1-11.5-2, -9 & -11 (Supp. 1985)). ^IND. Keywords: code; court; ind; indiana; property; support
• Broadband Expansion in Rural Indiana: Conflicting Federal and State Policies Delay Internet Access for Many Hoosiers by Jones, Alexandra (2023) - Hundreds of thousands, possibly millions, of people in Indiana lack reliable internet access to speeds of at least 25/3Mbps.44 Estimates of how many Hoosiers lack broadband internet range from 261,000 to 4.1 million and the enormous difference is due to different agencies reporting different data.45 While lack of internet access can occur statewide in rural, urban, or suburban areas, it is primarily a rural problem. B. Issue 2: Inaccurate Mapping Data 1. Discrepancies in Mapping Data and the Problems It Causes.—As previously mentioned, estimates of how many Hoosiers lack broadband internet vary wildly due to different agencies reporting different data.113 Organizations such as the FCC and Microsoft both track internet usage and speed by location, but their respective data does not match and is typically over two years old.114 The result is that, in 2019, the FCC reported about 261,000 Indiana residents who lacked access to internet meeting the minimum speed standard of 25/3 Mbps, while Microsoft found that 4.1 million Hoosiers—a significant portion of the 6.7 million total population—lacked access to internet that met this standard.115 Despite this disparity, the FCC has only used its own data to create the 29, 2020), https://www.pewtrusts.org/en/research-and-analysis/articles/2020/05/29/whos-not- online-in-america-today [https://perma.cc/9Z4J-76TL]. 111. Keywords: access; broadband; federal; funding; grant; hoosiers; indiana; internet; need; nlc; note; program; rdof; rural; service; state; supra
• Undiscovered Sins of Youth: Indiana's Jurisdictional Gap When Child Molesting Committed by a Juvenile is not Discovered Until Adulthood by Wichern, Natalie A. (2023) - However, D.P. was twenty-three years old when the State filed the petition.46 As for N.B., the petition alleged that when N.B. was between the ages of twelve and fifteen, he fondled his younger cousin, thus also committing child molesting if committed by an adult.47 Similar to D.P., N.B. was twenty-one when the State filed the petition.48 After filing the petitions, the State’s strategy was to argue for waiver from juvenile court to adult court since juvenile court under M.C. loses jurisdiction once the individual turns twenty-one.49 Although there is not a particular statute that expressly confers this sliver of jurisdiction to conduct waiver hearings after the individual turns twenty-one, the State argued that the entirety of the juvenile justice framework evidences legislative intent to give juvenile courts this partial jurisdiction in order to waive now-adults into adult court.50 But it took until the early nineteenth century for the idea to separate youth offenders from adult criminals to arise.76 The establishment of the New York House of Refuge in 1825 launched a movement to provide a separate housing facility for youth deemed by authorities to be on a delinquent path.77 Following this movement and the creation of different kinds of youth houses across America focusing on areas like probation and out-of-home placement, the first juvenile court sprang to life.78 Established in Cook County, Illinois, in 1899,79 the first juvenile court sought to provide individualized rehabilitation and supervision, not solely punishment.80 From there, juvenile court systems began to develop in each state and have seen ever-fluctuating trends around juvenile rights, procedure, and appropriate sentencing practices.81 Today, the early belief that youth lacked full moral and cognitive development—and thus should be treated separately from adults—holds true. Keywords: adult; bill; child; court; criminal; indiana; jurisdiction; justice; juvenile; molesting; offender; state; system
• Digital Divide--Disparate Impact? The Impact of Modern Recruiting and Workplace Practices That Rely on Broadband by Zoccola, Robyn; Borissov, Erin (2023) - The Affordable Connectivity Program is an FCC benefit program that provides a $30 subsidy for internet access to qualifying households, as well as a one-time $100 stipend to purchase a laptop, desktop computer, or tablet.97 Congress designated $14 billion to this program to help expand broadband access to those who cannot afford it.98 Although fiber broadband access is growing rapidly, fiber service all the way to the home is not yet widely available. Keywords: access; americans; broadband; digital; employers; fiber; home; impact; income; indiana; internet; online; practices; program; remote; rural; work
• Housing Code Violations and Tenant Remedies by Krieger, Walter W. (1986) - , the court's holding was based on the illegal contract doctrine, but the decision also indicates that a tenant may have to look to an implied warranty of habitability as a remedy for housing code violations where he has benefited from the illegal lease. Of course, if the tenant wishes to terminate the that the illegal contract defense is unavailable where the tenant has benefited from the lease by taking possession, ^One serious problem may still confront the landlord when he attempts to evict a tenant after the tenant has reported housing code violations to the proper authorities or has successfully pleaded an illegality defense or an implied warranty of habitability defense in a prior suit for possession based on the nonpayment of rent. Keywords: app; code; contract; court; habitability; housing; housing code; indiana; landlord; lease; n.e.2d; rent; rental; tenant; warranty
• Asbestosis Amendment to the Occupational Diseases Act: Palliative or Cure by Cantrell, Dennis F. (1986) - '^ Before the passage of this amendment and the recent Indiana Supreme Court opinion in Barnes v. A.H. Robins Co.,'^ it appeared that Indiana asbestosis victims would be left without a remedy in the Indiana courts. To help explain why this amendment was necessary to provide a remedy for Indiana asbestosis victims, this Article will analyze the insidious nature of asbestosis and how prior Indiana law could have effectively barred asbestosis claimants from any chance for compensation. Keywords: action; amendment; asbestosis; compensation; court; disease; exposure; indiana; limitations; statute; years
• Dram Shop Liability in Indiana: Analysis of Ashlock V. Norris and the New Civil Statute by Todd, Teresa L. (1986) - ^ Indiana courts have consistently held that these criminal statutes establish a civil duty and thereby provide the basis for imposing civil liability for personal injuries and damages resulting from conduct in violation of these statutes.^ The 1986 Indiana legislature recently approved Senate Bill No. 85 which specifically deals with civil dram shop liability. In addition, Indiana courts have held that there is a common law duty that applies in such cases. Keywords: alcohol; code; court; defendant; dram; fault; indiana; liability; person; shop; statute
• Amendments Curing Defendant Misnomers Under Trial Rule 15(C): A Bright Line Test of Prejudice for Relation Back by Huffer, Steven K. (1987) - Despite the clear holding of the United States Supreme Court in Schiavone, differences between other federal and Indiana rules, ^' dicta in a recent Indiana Supreme Court decision, ^^ and two Indiana Court of Appeals decisions call into ques- tion the adherence to Schiavone by Indiana courts under trial rule 15(C). Indiana courts have yet to consider a case under rule 15(C) in which the complaint was filed within the limitations period and first served on the target, albeit misnamed, defendant a short time after the statute has run.^° Keywords: action; complaint; court; defendant; indiana; notice; rule
• Attorney's Fees for Frivolous, Unreasonable or Groundless Litigation by Hull, Andrew W. (1987) - Indiana statutes that provide for an award of attorney's fees include: Relocation Assistance Act, Ind. Code § 8-13-18.5-13 (1982); Crime Victim's Civil Actions for Damages, Ind. Code § 34-4-30-1 (1982); Paternity Proceedings, Ind. Code § 31-6-6.1-18 (1982); Dissolution of Marriage, Ind. Code § 31-1-11.5-16 (1982); Evidence of Indebtedness; Agreement to Pay, Ind. Code § 26-2-4-1 (1982); Deceptive Consumer Sales, Ind. Code § 24-5-0.5-4 (1982); Mechanics Lien Failure to Release, Ind. Code § 32-8-1-2 (1982); Tort Claims Against Govern- mental Entities and Public Employees, Ind, Code § 34-4-16.5-19 (1982); and Civil Rights Claims Against Public Employees, Ind. Code § 34-4-16.7-4 (1982). Ind. Code § 34-1-32-1 (Supp. 1986). Keywords: attorney; award; court; exception; fees; ind; indiana; party
• Indiana's Statutory Provisions for Alternative Testimony in Child Sex Abuse Cases: Is It Live or Is It Memorex? by Burke, Susan (1987) - When the defendant in Hopper raised this argument, however, the court noted that the incompetence of children under ten who are unable to understand the nature and obligation of an oath pertains only to in-court testimony, not to out-of-court statements/^ In addition, however logically incon- sistent this position may seem, finding child witnesses to be unavailable because they are incompetent to testify, in order to admit their state- ments, appears to be an increasingly accepted position. According to a leading article on the protection of child victims in the criminal justice system: The fact is that psychiatrists all over the world repeatedly warn that legal proceedings are not geared to protect the [child] victim's emotions and may be exceptionally traumatic^ ^ . . . Keywords: child; code; court; defendant; indiana; section; statement; testimony; trial; witness
• Evidentiary Use of Other Crime Evidence: A Survey of Recent Trends in Criminal Procedure by Stuart, Susan (1987) - B. Admissibility to Prove Charged Offense A second method of circumventing the general prohibition against use of other crime evidence is to proffer other unrelated crimes and bad acts as relevant proof that the defendant committed the offense with which he is charged.^ This restriction obviously prevents the introduction of other crime evidence merely to present the defendant to the jury as a person with a criminal bent.'^ Keywords: court; crime; crime evidence; defendant; evidence; exception; ind; indiana; n.e.2d; scheme; state; trial; v. state
• Family Law: Equitable Distribution and Proper Valuation of Marital Property by Claus, Mary Beth; Perry, Cathleen J. (1987) - In other words, this commentator surmised that perhaps the true reasoning behind this starting point analysis is that one cannot expect judges to adhere to the policies recognizing a home- maker's contributions and forgone career opportunities to the marriage partnership when attempting to achieve an equitable distribution.^* The Indiana Supreme Court rejected this distrust of the ability of trial court judges properly to apply the policies of equitable distribution when the supreme court reviewed the lower court's decision in Luedke. In two other important cases, Indiana courts faced the issue of the proper valuation of marital property in the contexts of jointly held stock and professional partnership interests. Keywords: app; court; distribution; division; ind; indiana; marital; n.e.2d; property; trial
• Survey of Indiana Law of Professional Responsibility (2021-2022) by Meiring, Adrienne L.; Anderson, Greg; Bibbs, Stephanie (2023) - Although scholars, judges, and prominent practitioners have long called for greater civility in the legal profession,1 no professional conduct rule, either in the * Executive Director, Indiana Supreme Court Disciplinary Commission, and Counsel, Indiana Commission on Judicial Qualifications. ** Deputy Director of Administration, Indiana Supreme Court Disciplinary Commission and Indiana Commission on Judicial Qualifications. Keywords: attorney; client; commission; conduct; court; ind; indiana; judge; lawyer; n.e.3d; professional; respondent; rule; steele; stout
• Developments in Insurance Law: Agents' and Brokers' Liability by Fisher, Donna H. (1987) - That issue concerned the duties and related liabilities of insurance agents and brokers to their principals, including both insureds and insurers. The term broker is not separately defined by the new chapter; rather, the earlier definition of broker has been partially incorporated into the definition of insurance agent. Keywords: agent; app; bankers; court; ind; indiana; insurance; n.e.2d; policy
• Recent Developments in Indiana's Tax Case Law: Survey 2022 by Swain, Andrew W. (2023) - He argued that the Assessor had failed to abide by Indiana property tax law, Indiana’s assessment guidelines, or any rational and consistent methodology to establish the base rates applicable for assessing land in Calumet Township.433 Young attached eight exhibits to his brief that were not admitted into evidence at the administrative hearing before the IBTR and, therefore, were not a part of the certified record of proceedings before the IBTR.434 The Tax Court first resolved whether it could consider evidence submitted to it anew, outside the certified administrative record. 2023] TAX LAW 847 determined that a taxpayer filed its appeals for a correction of errors for the 2016 through 2018 property tax years in an untimely manner.240 In July 2015, Chevrolet of Columbus, Inc. (Chevrolet) purchased a 4.05-acre parcel of vacant land in Columbus, Indiana, where it built a sales and service facility.241 For property tax years 2016 through 2018, the Bartholomew County Assessor (Assessor) classified as “primary land” the 115,000 square feet of property on which the facility stood.242 The Assessor classified the remaining “61,418 square feet as usable undeveloped land . . . Keywords: assessment; assessor; code; county; ibtr; indiana; indiana tax; ingredion; land; n.e.3d; personal; property tax; ptaboa; riley; tax court; tax law; tax years; taxpayer; value
• Developments in Professional Liability Law by Jackson, Donald L. (1987) - This summary discussion is, therefore, intended as a forum to briefly inform legal practitioners and scholars of two cases involving the liability of attorneys. App. 610, 330 S.E.2d 16 (1985) (where attorney tortiously institutes or continues civil proceedings or is guilty of oppressive or 286 INDIANA LAW REVIEW Keywords: app; attorney; client; ind; indiana; n.e.2d
• Some Very Significant Developments in Indiana Taxation by King, J. B. (1987) - ^The tax court has exclusive jurisdiction over any case that arises under the tax laws of this state . . . . Indiana Law Review Some Very Significant Developments in Indiana Taxation J.B. King* I. Introduction Certain recent legislative enactments and judicial decisions promise to have a material impact upon the structure of Indiana tax law. Keywords: appeal; code; department; indiana; jurisdiction; property; refund; revenue; state tax; tax; tax board; tax court; taxes
• The Disappearing Rights of Plaintiffs Under a Legal Disability by Pardieck, Roger L. (1987) - This effectively places Indiana children in the same situation as Texas children because any action they bring as minors is dependent on the actions of third parties. Prior to the enactment of this statute, minors had two years after attaining majority to file product liability actions. Keywords: action; court; indiana; liability; malpractice; minors; n.e.2d; orr; statute; years
• New Developments in Workmen's Compensation Law: Accident Defined and New Thoughts on Crediting by Forte, Joseph M. (1987) - ^^ After noting that personal injury or death is self-explanatory, the Evans court emphasized that the precise language used by Indiana legislators is by accident, rather than by an accident, as Indiana courts have frequently construed the jurisdictional statute. The court found that the employer and his insurance carrier also benefitted by relief from the prospect of large damage verdicts and a guarantee of some degree of certainty in planning for anticipated costs of employee injuries /• Keywords: accident; compensation; court; employee; evans; indiana; injury; n.e.2d; workmen
• Family Law Survey by Reed, James A. (1988) - Indiana Code section 31-1-1.5-11 was amended to require trial courts to presume that an equal division of the marital property is just and reasonable. We decline to encourage trial courts, by reweighing evidence on appeal, to elicit volumes of self-serving testimony regarding homemaking contributions; the **no-fault system of divorce would be lost in the mire of who-did-what for the home. Keywords: code; court; division; ind; indiana; indiana code; n.e.2d; property; trial court
• Teamwork Makes the Stream Work: Analyzing a Recent Addition to Indiana's Watershed Management Toolbox by Hahus, Ian Kane (2023) - Funding.—The MRBC must prepare an annual budget119 and may use funds appropriated to it by political entities in member counties to do so.120 The special assessment procedure is identical to that of the KYWDC, i.e., the assessment rates are identical for the various parcel designations and the collection and allowable substitution procedures are the same.1 2 5 The standard assessment rates are the maximum allowed for the WDC and the WDC may reduce those rates if the rates are decreased by an equal percentage for all parcel classes.126 The WDC would be required to develop an annual budget127 and could receive appropriations from member counties separate from the special assessments, as the MRBC now can.128 Using the standard assessment rates129 and information from the DLGF130 for parcels within the Maumee River watershed, the Maumee River WDC would receive approximately $3,200,000 in annual funding independent of any county 118. Keywords: assessment; basin; commission; counties; county; development; drainage; funding; indiana; land; member; mrbc; new; powers; river; river basin; watershed; wdc; wdcs
• Underinsurance in Indiana: An Illusion of Coverage? by Findling, Mary A.; Germano, Barbara J. (1988) - House Bill No. 1390 provided in relevant part: The uninsured and underinsured motorist coverage coverages may must 212 INDIANA LAW REVIEW Although insurance companies were free to offer higher limit uninsured motorist coverage, almost no insurers did so. Keywords: coverage; indiana; liability; limits; motorist; setoff; supp; underinsurance; uninsured; victim
• The Indiana Insurance Guaranty Association Act: More Problems Than Protection by Hehner, James H.; Smith, Mark R. (1988) - Every practitioner should care- fully review and assure compliance with all current statutory require- ments which might relate to the filing of such claims. '°«Ind. Code § 27-6-8-4(4) (1982). 1988] GUARANTY ASSOCIATION ACT 245 such claims, '^^ Keywords: act; ann; association; claim; code; code ann; compensation; court; coverage; guaranty; guaranty association; iiga; indiana; insolvent; insurance; insurance policy; insurer; party; policy; stat; supp
• The Indiana Judicial System: An Analysis of Change by Kellam, John L. (1988) - Although non-attorneys may have an adequate foundation upon which to make determinations regarding appointments to the ap- pellate level judiciary, in many respects they lack the experience and knowledge to make determinations relating to disciplinary matters con- cerning trial court judges. 1986 Proposal, supra note 8, at 13. 1988] JUDICIAL REFORM 289 function is to select nominees for the supreme court and the court of appeals, is also responsible for trial court judge disciphne.'°^ Keywords: change; circuit; county; court; indiana; judge; jurisdiction; state; system
• Indiana Rules of Professional Conduct: A Comparison with the Old Code by Oates Sheff, Danielle; Quigley, Fran (1988) - ^° Types of fee arrangements and the factors which should be considered when determining a fee are the subjects of Rule 1.5.^^ Rule 1.5 specifically defines perimeters that were implicit in the Code. This amendment was designed to maintain consistency with Disciplinary Rule 7- 102(B) of the Code of Professional Responsibility, which charged a lawyer with the responsibility to call upon a cHent to rectify a fraud perpetrated in the course of the lawyer's representation of the client and, faihng that, to reveal the fraud to the affected person or tribunal. Keywords: attorney; client; code; comment; conduct; indiana; lawyer; model; model rules; professional; representation; rule; supra note
• Significant Developments in Indiana Taxation by Dlouhy, Francina A.; King, J. B. (1988) - To understand the Herff Jones case, one must go back to the 1985 Act creating the tax court^^ and to the general property tax laws.^' Indiana Code section 33-3-5-2, as added by the Tax Court Act, provides [T]he tax court has exclusive jurisdiction over any case that arises under the tax laws of this state and that is an initial appeal of a final determination made by the Indiana Department of Revenue or the Indiana State Board of Tax Commissioners.^^ While the Act describes the court as a ''court of limited jurisdiction and yet also as a court that has exclusive jurisdiction over any case that arises under the tax laws of this state, the court's so-called ''exclusive jurisdiction is expressly limited to appeals of a final determination of the State Tax Board. VII, § 6. 'Note that appeals from tax court decisions are to be lodged directly with the supreme court and thus the court of appeals has no appellate jurisdiction as to tax court ruHngs. Keywords: code; compact; department; income; income tax; indiana; indiana tax; revenue; sales; section; state; state tax; tax; tax board; tax court; taxpayer
• Nonparty Tortfeasors in Indiana: The Early Cases by Eilbacher, Leonard E. (1988) - [Vol. 21:413 Moreover, under Indiana's modified system of comparative fault, not only may a successful plaintiff be a tortfeasor, his share of the causal fault may be greater than that of a defendant from whom the plaintiff recovers.^ For example, assume the percentage of fault of the plaintiff to be 40%, and the percentage of fault of each of three defendants to be 20%. If indeed preeminence is to be given to the basic principle of fault allocation, then the fault of familial nonparties must be included in the fault apportionment system.^^ It must be stressed that the allocation of fault to immune tortfeasors would not require the abolition of such immunities. Keywords: comparative; court; damages; defendant; fault; fault act; indiana; liability; nonparty; plaintiff; state; supp; tortfeasors
• From American Nightmare to American Dream? A Comprehensive Solution to Racially Discriminatory Appraisal Practices by Klemsz, Eleanor (2024) - In June 2021, President Biden created a federal interagency task force known as “PAVE” (Property Appraisal and Valuation Equity) to address inequities in home appraisals, and in March 2022, the task force released its findings and recommendations.2 3 Subsequently, Maxine Waters, the Democratic representative for California’s 43rd congressional district, proposed legislation in line with PAVE’s recommendations to address discrimination in the appraisal of home values.24 At the state level, in January 2023, Cherrish Pryor, the Democratic representative for Indiana’s 94th district, proposed House Bill 1151.25 ”19 Instead, through the use of comparables—the practice of establishing appraisal values on past valuations of similar homes—”racist sale prices from the past are carried into the present” and the racial inequity in home valuation continues to grow.20 Throughout the twentieth century, racially discriminatory appraising policies created an inequitable system that undervalues Black homes as well as predominately Black neighborhoods. Keywords: american; appraisal; appraisers; bias; black; discrimination; duffy; fair; federal; home; housing; indiana; industry; note; property; state; supra; supra note; value; white
• Indiana Revised Uniform Limited Partnership Act by Galanti, Paul J. (1989) - '^ These problems prompted the National Conference of Commissioners on Uniform State Laws to promulgate the Model Act in 1976 to modernize the prior uniform law while retaining the special character of limited partnerships as compared to corporations. The Delaware ULPA contained some nonuniform provisions designed to make Delaware an attractive jurisdiction in which to organize limited partnerships. Keywords: act; business; certificate; code; general; ind; indiana; irulpa; limited; limited partnership; model; partnership; partnership act; supp
• The Indiana Motor Vehicle Protection Act of 1988: The Real Thing for Sweetening the Lemon or Merely a Weak Artifical Sweetener? by Greenberg, Harold (1989) - It also authorizes an award of attorney's fees to a victorious buyer, whether the buyer recovers for breach of Magnuson-Moss warranty or for an implied warranty under state law.^^ The Magnuson-Moss Act has had little effect on the problems of lemon buyers because only one automobile manufacturer ever extended 33. One major exception is Texas, which has established a state agency to hear the complaints of lemon buyers. Keywords: automobile; buyer; car; code; dealer; indiana; indiana law; laws; lemon law; manufacturer; motor; new; nonconformity; note; refund; replacement; rights; state; supp; supra; u.c.c; vehicle; warranty
• The New Indiana Child Support Guidelines by Phelps, Gale M.; Miller, Jerald L. (1989) - Congress perceived that the deficiencies in child support orders generally fell into the following three categories: (1) a shortfall in the adequacy of the orders, when compared with the true costs of rearing children as measured by economic studies; (2) inconsistent orders causing inequitable treatment of parties in similarly situated cases; and (3) inefficient adjudication of child support amounts in the absence of uniform standards. The choice of the word GuideUnes reflects an intent to establish a formula or a quantitative standard for setting child support rather than criteria. Keywords: child; child support; children; expenses; guidelines; income; indiana; note; obligation; parent; support; support guidelines; supra
• Frivolous, Unreasonable or Groundless Ligitation: What Shall the Standard Be for Awarding Attorney's Fees? by Clementson-Mohr, Donald; Cooke, Jeffrey A. (1989) - In any event, notwithstanding the * 'American Rule and not- withstanding specific inclusion in other trial rules of attorney fees as recoverable, I am of the view that the courts have the inherent authority to award attorney fees where necessary to compensate a Htigant who has been unduly burdened or prej- udiced. Indiana attorneys must, therefore, be alert for frivolous claims and defenses and, when encountered, set about to create a paper trail (e.g., sending copies of controlling cases to the opposing attorney) that will make the bad faith of such pleadings manifest to the trial judge and, as part of the record, also make an award of attorney's fees sustainable on appeal. Keywords: attorney; award; court; faith; fees; ind; indiana; n.e.2d
• Professional Responsibility by Risacher, Martin E. (1989) - PROFESSIONAL RESPONSIBILITY 315 The Supreme Court, in reliance upon the rationale set forth in the line of lawyer advertising cases beginning with Bates, but primarily upon Zanderer v. Office of Disciplinary Counsel, ^'^ held that targeted, direct- mail solicitation, absent a showing that the mailing is false or misleading, is constitutionally protected commercial speech under the First and Four- teenth Amendments. The comments to Rule 8.4 indicate that the authors specifically excluded such language to limit lawyer disciplinary cases to instances of personal morality which are specifically connected to the fitness for the practice of law.^' Conduct which directly affects the administration of justice or a lawyer's honesty is given special attention under Rule 8.4. Keywords: attorney; case; client; conduct; court; indiana; lawyer; professional; rule; shapero; supreme; supreme court
• Indiana's New Guardianship Code: A New Emphasis on Alternative Forms of Protection by Berry, David M. (1989) - Disabled Persons.^^—Unlike the Uniform Act, the NGC contains facility of payment provisions for disabled persons when the entire 43. NEW GUARDIANSHIP CODE 341 property of the disabled person does not exceed $3,500.^' These provisions are essentially the same as prior Indiana law with the exception that the NGC's term entire property replaces the term whole estate, because the term property more correctly describes the facility of payment for disabled persons than does the term estate. Keywords: act; appointment; code; court; guardian; guardianship; ind; indiana; minor; ngc; person; property; supra
• Selected Current Topics in Indiana Taxation by Dlouhy, Francina A. (1989) - First, it will review recent developments in the treatment of partnerships and joint ventures for Indiana income tax purposes. However, some of these units were subject to binding orders from out-of-state customers and would have qualified for exemption.^^ The Indiana Tax Court first addressed the question of whether the subject units, treated as sold and removed from Gulf Stream's book inventory, were properly omitted in computing Gulf Stream's inventory for Indiana business personal property tax purposes. Keywords: code; court; department; income; income tax; indiana; indiana code; inventory; n.e.2d; property; section; state; tax; tax court
• Current Issues Affecting Indiana Tax Policy by Stroble, Larry J.; d'Avis, Ronald (1989) - That inference is reinforced by a 1986 amendment in which the term true cash value—which had been the Prior to 1950, the assessing officials were directed to consider several enumerated statutory factors in arriving at property tax values. ^^ Thus, the court granted the State Board a measure of discretion in determining property tax values although it did not spell out the standards to be used in deciding whether a given valuation would be treated as arbitrary and capricious. Keywords: board; code; court; death tax; estate tax; general; ind; indiana; market; n.e.2d; note; property; property tax; regulations; state; supra; tax; tax credit; taxes; valuation; value
• Medical Malpractice by Ruge, Thomas R. (1989) - Finally, few Indiana medical malpractice cases are tried to a jury, but this scheme would prevent juries (or judges in bench trials) from running away and awarding excessive verdicts based on the more intangible elements of the claimant's damages. Third, the court defined the term factor used in Indiana Code section 16-9.5-9-7(e) and distinguishes that term from the phrase substantial factor as that phrase is used under Indiana law to define the standard for proximate cause in medical malpractice cases. Keywords: care; cases; code; court; damages; health; indiana; malpractice; medical; n.e.2d; panel; review
• Worker's Compensation by Fanning, Robert A. (1989) - This is unfortunate because the Worker's Compensation Board has the expertise as well as the statutory mandate to determine employee injury claims. Actions for employee injuries or death which do not meet each of these prerequisites are not excluded, and may be pursued in the courts. Keywords: board; compensation; court; employee; ind; indiana; injury; maximum; worker
• Survey of Indiana Law of Professional Responsibility (2022-2023) by Mayden, Ryan; Meiring, Adrienne L. (2024) - 16 A. Serial Misconduct – Matter of Staples Matter of Staples (“Staples III”) marked the third disciplinary action against Respondent Staples in a ten-year period.17 In October 2018, Client met with Staples’ office manager to hire Staples to represent him in three cases (a criminal domestic battery charge, a paternity case, and a CHINS case).18 Client and Client’s mother attended the meeting and agreed to pay $11,500 with an initial $2,500 retainer fee for Staples to exclusively represent Client in the three ————————————————————————————— in matters of trust and confidence, and in general to aid in the administration of justice as a member of the bar and an officer of the courts; and • Id. 2024] PROFESSIONAL RESPONSIBILITY 955 III, and once again when he failed to comply with a subpoena duces tecum following his response in the case at hand.35 The Disciplinary Commission subsequently filed a disciplinary complaint against Respondent Staples, alleging the following violations of the Indiana Rules of Professional Conduct: 1.5(e): Failing to obtain a client’s approval of a fee division between lawyers who are not in the same firm; 3.4(c): Knowingly disobeying an obligation under the rules or an order of a court; 8.1(a): Knowingly making a false statement of material fact to the Disciplinary Commission in connection with a disciplinary matter; and 8.1(b): Failing to respond in a timely manner to the Commission’s demands for information.36 A hearing officer presided over an evidentiary hearing and after considering the parties’ proposed findings, the hearing officer submitted a report concluding that Respondent Staples violated all four rules charged; the hearing officer recommended an eighteen-month suspension without automatic reinstatement.37 Upon review de novo, the Indiana Supreme Court ultimately suspended Respondent Staples from the practice of law for one year without automatic reinstatement, with the additional requirement that Staples would not be eligible for reinstatement until he satisfies the judgment entered against him in Client’s mother’s refund lawsuit.38 At first blush, this sanction might seem unduly harsh, as similar misconduct on a first occurrence typically results in a public reprimand or short suspension.39 Keywords: client; commission; conduct; court; disciplinary; hardesty; ind; indiana; lawyer; matter; n.e.3d; respondent; rule; staples
• Institutional Arrangements for Governing the Construction of Electric Generating Units: A Transaction Cost Analysis by Thomas, Timothy N. (1989) - A more complete discussion of idiosyncrasy and its effects on transaction costs can be found in Williamson, infra note 49. All of these costs are real economic costs which must be taken into account along with the traditional costs of production in determining the cost-minimizing structure of any legal/economic rela- tionship.^'* Before evaluating transaction costs, however, we must un- derstand not only their general nature, but also the specific characteristics which allow them to be used in a predictive way.^^ Williamson in particular has focused on identifying the critical di- mensions of transaction costs which indicate how and why transactions can be matched with governance structures in an efficient manner. ^^ Keywords: construction; costs; electric; generating; indiana; note; regulatory; structure; supra; supra note; transaction; utility
• The RICO/CRRA Trap: Troubling Implications for Adult Expression by Nuger, Ken (1990) - FORT WAYNE BOOKS 121 alike.^ Sexual expression also has educational value because it often depicts and describes sexual activity in detail.^' It is beyond dispute that sexual expression transmits potentially important ideas by promoting and provoking a variety of attitudes about sexuality. Barry Lynn advances a most persuasive argument suggesting that sexual expression must enjoy sub- stantial first amendment protection.^* Contrary to views traditionally espoused by the Supreme Court, Lynn argues sexual expression fulfills the traditional functions of speech.*^ It transmits ideas, promotes self- realization and can serve as a safety valve for both speaker and audience 80. Keywords: amendment; books; court; crra; expression; fort; indiana; material; obscenity; protection; rico; speech; statute; u.s; wayne
• The Life of Riley: Complete First Amendment Protection Versus Deferential Commercial Speech Standards for Professional Fundraising Solicitors by Knight, Kevin R. (1990) - The Supreme Court did, however, extend this rationale to situations involving professional fundraisers in Secretary of State of Maryland v. Joseph H. Munson Co?^ Prior to these decisions, the Court had set standards to identify commercial speech and to determine its application under the first amendment. The Commercial Speech Doctrine A. Early Development and Application An analysis of the commercial speech doctrine in conjunction with the activities of professional fundraising solicitors should be undertaken because the Supreme Court has held that the Constitution accords lesser protection to commercial speech than it does to other forms of con- stitutionally guaranteed expression. ^^ Keywords: commercial; court; indiana; interest; professional; riley; solicitation; solicitor; speech; state; supreme; u.s
• Procedural Due Process in Postjudgment Garnishment Proceedings: Indiana Keeps Up With the Joneses by Simmons, David L. (1990) - In a rather concise analysis of procedural due process, the court observed that some form of due process is required once a deprivation of protected property has occurred. ^^ Indiana Law Review Procedural Due Process in Postjudgment Garnishment Proceedings: Indiana Keeps up With the Joneses David L. Simmons* I. Jones v. Marion County Small Claims Court Indiana recently joined an increasing number of jurisdictions which have questioned the constitutional requirements of procedural due process in postjudgment garnishment proceedings. Keywords: court; garnishment; hearing; indiana; judgment; notice; process; statute; u.s
• Survey of Recent Developments in the Indiana Rules of Trial Procedure in Civil Matters by Funk, Norman T. (1990) - '^ To determine whether or not a party is entitled to a trial by jury, Indiana courts look beyond the label given a particular action and evaluate the nature of the underlying substantive claim. ^^ Jennings v. Jennings'^^ required the court of appeals to determine whether Indiana courts could acquire in personam jurisdiction over a 67. Keywords: court; indiana; insurer; motion; n.e.2d; rule; trial; trial court; trial rule
• The Race Against Rent: A Look into Why Preemptive Bans on Rent Regulation Should be Lifted in Indiana by Fulton, Meredith (2024) - 36 Since they are both forms of rent control regulation, the terms utilized throughout this Note are “rent control” or “rent regulation” rather than “rent stabilization.” 6 This legislation was penned “rent control.” Keywords: city; control; court; housing; increase; indiana; landlords; laws; new; note; property; regulation; rent; rent control; stabilization; state; supra; tenants; york
• The Proper Scope of Claimant Coverage Under the Indiana Medical Malpractice Act by Harbottle, Dan (1990) - The Lomax reasoning also arguably undermines the contract-based theory of medical malpractice claims. Can only patients with malpractice claims be required to abide by the Act? Keywords: act; care; claims; court; gahl; health; ind; indiana; malpractice; medical; n.e.2d; patient
• Unwaivering Justice: How Indiana Should Balance Fairness and Finality by Limiting Waivers of Sentence Appeals by Faulkner, Sarah (2025) - Part I of this Note defines key terms and provides an overview of the waivers of sentence appeals in Indiana. Part II provides an overview of sentence appeals in other United States jurisdictions, including the federal system and Indiana’s neighboring states. Keywords: agreement; appeal; court; defendant; indiana; plea; right; sentence; sentencing; state; trial; waiver
• Indiana Drug Courts: Eliminating Temporary-Event Relapse Sanctions by Van Prooyen, Clare (2025) - However, drug court participants’ conversations with doctors are not confidential in the program. I. SUBSTANCE USE DISORDER AND RELAPSE The prevalence of SUD in drug court participants demands care and attention to drug court processes. Keywords: alcohol; brain; courts; drug; drug court; event; event relapse; indiana; note; participant; program; relapse; return; substance; supra; treatment; use
• Recent Developments in Indiana Civil Procedure by Kling, Catherine A. (1991) - Under this rule, Indiana courts are said to apply a two-step analysis: (1) whether the defendant's acts giving rise to the suit are among those listed in Rule 4.4(A)(1) to (7), and (2) whether an Indiana court's assertion over the nonresident complies with due process requirements.^'' Notice In several cases during the survey period, Indiana appellate courts considered the question of adequate notice under the Indiana Tort Claims Act'^2 and under the Trial Rules. Keywords: act; action; appeals; case; court; defendant; ind; indiana; jurisdiction; n.e.2d; notice; plaintiff; rule; statute; trial; trial court
• Seller Beware: The Indiana Responsible Property Transfer Law by Slaughter Andrew, Anne; DuSold, Elizabeth L. (1991) - Tax Parcel Identification No. (Key Number): B. Legal Description: Section Township Range - Enter or attach complete legal description in this area: LIABILITY DISCLOSURE Transferrors and transferees of real property are advised that their ownership or other control of such property may render them liable for environmental cleanup costs whether or not they caused or con- tributed to the presence of environmental problems in association with the property. In 1983, New Jersey broke new ground in this effort by adopting a law that imposed a precondition on the transfer of certain properties: the seller must declare that no hazardous substances or wastes remain on the property or the seller must execute an approved cleanup plan for the property.^ Keywords: cerclis; d d; disclosure; disclosure document; document; environmental; indiana; notification; property; site; subject; transfer law; transferor
• Environmental Rulemaking in Indiana: The Impact of the Substantial Difference Requirement on Public Input by Oddi, Marcia J. (1991) - Failure to comply with the procedural requirements of Indiana Code section 4-22-2 will render a rulemaking action invalid.^ Failure to complete the process within a one-year period, measured from the time of publication of the proposed rule in the Indiana Register to the time the rule is approved or deemed approved by the governor, will render a proposal ineffective.^^ B. Additions to the Statutory Framework for Rulemaking Compliance with the above-described statutory procedural framework for environmental rulemaking is but the first step in a far more complicated process in Indiana, a process that has been supplemented by requirements imposed by legislative deadline, by executive order, by agency rule, and by agency practice. [Vol. 24:845 given in a newspaper of general circulation in any other area of the state where a hearing is to be held.^' All hearings on proposed rules are to be open to the public, any person is to be provided a reasonable opportunity to be heard with respect to the subject of the hearing, all testimony is to be recorded, and the transcript of the hearing and any written submissions must be open to public inspection and copying. ^^ Keywords: agency; board; code; environmental; indiana; public; rule; rulemaking; section
• Survey of Recent Development in Family Law by Farmer, Debra L. (1991) - FAMILY LAW 907 both decisions implicitly accept, apart from the matter of federal preemption, that the General Assembly has vested Indiana trial courts with both subject matter jurisdiction and statutory au- thorization to determine which parent should be entitled to claim the exemption, and that Indiana trial courts retain the inherent equitable power to enforce their decrees.^' The court disagreed with the assumption in Davidson that the amendment to Internal Revenue Code section 152(e) leads to the conclusion that state courts were divested of jurisdiction to decide which parent may claim the exemption. A. Tax Consequences of Property Division In 1985, a new statute was enacted directing trial courts when dividing property to consider tax consequences of the property disposition.^^ Keywords: child; code; court; ind; indiana; n.e.2d; support; trial
• Notice to Creditors—Publication is No Longer Enough by Fruewald, Kristen G. (1991) - Mullane and its progeny estabhshed the guideUne that, whenever a legal proceeding may affect a property right, due process requires reasonable notice and a realistic opportunity to respond.*^ The Supreme Court in Pope examined Oklahoma's nonclaim statute which, in effect, was similar to Indiana's nonclaim statute (although it provided for only a two-month claims period) and held that: (1) state action was present in the probate proceedings governing the estate,'^ and (2) failure to give personal notice to known or reasonably ascertainable creditors violated the fourteenth amendment based on the rationale in Mullane.^'^ The Court was not insensitive to the need to bring a decedent's affairs to a close. Because Indiana's statute could not survive a con- stitutional challenge under Pope, the nonclaims portion of Indiana's statute would not bar the claims of known or reasonably ascertainable creditors who did not receive personal notice of the opening of the estate and of the running of the five-month-claims period. Keywords: claims; court; creditors; decedent; estate; indiana; notice; representative; statute
• Statutory Control of DNA Fingerprinting in Indiana by Liebeschuetz, Joe (1991) - Pitchfork later confessed to the rape, thereby earning the dubious distinction of being the first person to be convicted by DNA fingerprinting evidence. 9 In the initial case, Pitchfork's confession spared the court from having to assess the reliability of DNA fingerprinting evidence. Keywords: court; dna; dna fingerprinting; evidence; fingerprinting; frye; indiana; note; procedures; reliability; state; statute; test
• An Analysis of Koske v. Townsend Engineering: The Relationship Between the Open and Obvious Danger Rule and the Consumer Expectation Test by Miner, Jodie L. (1991) - Strict liability was designed to relieve the plaintiff from problems of proof inherent in pursuing a negligence theory in products liability cases. alternatively or hypothetical^, 111 plaintiffs often advance both strict liability and negligence theories in product liability cases. Keywords: consumer; court; danger; danger rule; ind; indiana; liability; n.e.2d; product; rule
• Mediation: An Analysis of Indiana's Court-Annexed Mediation Rule by Van Winkle, John R. (1992) - Ind. A.D.R. Rule 1.1. 31. Ind. A.D.R. Rule 1.2. Keywords: a.d.r; adr; committee; court; dispute; draft; ind; indiana; mediation; mediator; parties; rule
• Indiana Nonprofit Corporation Act by Galanti, Paul J. (1992) - Model Nonprofit Corp. Act §§ 6.01 - 6.22 (1988). Nonprofit corporation statutes generally tended to apply a uniform set of rules to all nonprofit corporations. Keywords: code; corporations; directors; inca; ind; indiana; members; model act; model nonprofit; nonprofit; nonprofit corp; provisions; supp
• The Continuing Evolution of Indiana's Family Law in 1991 by Ruppert, Michael G.; Woolsey, Monty K. (1992) - App. 1991) (trial court adequately supported its determination and did not abuse its discretion in making a 60/ 40 split); Cox v. Cox, 580 N.E.2d 344 (Ind. Ct. The Second District Court of Appeals affirmed the trial court's determination and the Indiana Supreme Court granted transfer to address the father's claim that the dissolution statute authorizing trial courts to order parents to pay sums for their children's educational expenses is unconstitutional. Keywords: app; child; court; custody; husband; ind; indiana; n.e.2d; property; support; trial court
• Survey of Recent Developments in Insurance Law by Trimble, John C. (1992) - Although this opinion would seem to extend coverage beyond the parameters previously contemplated by other Indiana cases, it is probably a well-reasoned opinion. Automobile Liability Insurance Cases A. Compulsory Insurance During the survey period, there was one case that may prove to be a landmark decision in Indiana insurance law. Keywords: app; case; co.; court; coverage; ind; indiana; insurance; n.e.2d
• Survey of Professional Responsibility by Todd, Jeffrey D. (1992) - I. Pretrial Statements to the Media A. Gentile v. State Bar of Nevada In Gentile v. State Bar of Nevada, ' the United States Supreme Court held Nevada Supreme Court Rule 177, which is identical to Indiana Rules of Professional Conduct Rule 3.6, 2 to be void for vagueness as * Staff Attorney, Indiana Supreme Court Disciplinary Commission. Until the court issues an opinion reconciling Bennett, Shannon, and Gemmer, Indiana attorneys should be aware that a claim to a retaining lien may result in disciplinary action. Keywords: attorney; client; court; gemmer; gentile; hall; indiana; rule; trial
• 1991 Developments in Indiana Taxation by Jegen III, Lawrence A.; Maley, John R. (1992) - The answer to the first question is controlled by the simple fact that the Indiana Tax Court is now the court of last resort for Indiana tax law. There was never any dispute about his status as a responsible officer for purposes of Indiana tax law. Keywords: court; indiana; n.e.2d; review; rule; state; supreme; tax; tax court
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 1991 by Betz, Kevin W. (1992) - See, e.g., Covalt v. Carey Canada, Inc., 543 N.E.2d 382 (Ind. 1989). See O'Laughlin v. Barton, 571 N.E.2d 1258 (Ind. 1991). 1472 INDIANA LAW REVIEW Keywords: court; givan; ind; indiana; justice; n.e.2d; opinions; shepard; state; supreme
• Personal Liability for Bank Directors Who Violate Lending Limit Statutes: Has Indiana Followed Congress' Lead? by Mick, Michael A. (1993) - This Note will analyze to what extent the DFI may bring suit in its own name against bank directors who have violated a bank's legal lending limit with the resulting loans causing a loss to the bank. In Indiana, no reported cases exist wherein the DFI, before becoming a receiver, sought reimbursement from bank directors for losses on loans made in excess of the bank's legal lending limit. Keywords: action; bank; bank directors; banking; dfi; directors; indiana; institution; order; reimbursement; violation
• Limiting the Discretion of the Administrator of Poor Relief in Indiana by Smith, Michael Ray (1993) - 53 An analysis of Indiana poor relief published twenty years ago iden- tified two types of inequalities among poor relief applicants or recipients. A. Equal Protection Among Townships Rosenberg was the first commentator to consider the application of the Equal Protection Clause to eliminate intertownship inequality in Indiana poor relief. Keywords: court; ind; indiana; n.e.2d; note; protection; relief; standards; state; supp; supra; township; trustee; u.s
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 1992 by Betz, Kevin W. (1993) - See Ind. Const, art. See Supreme Court of Ind. Progress Report—1992 Case Inventories & Disposition Summary (available at the office of the Supreme Court Administrator). Keywords: court; givan; ind; indiana; justice; krahulik; n.e.2d; opinions; shepard; state
• Bankruptcy in the Seventh Circuit: 1992 by Boshkoff, Douglass G. (1993) - However, Judge Ripple emphatically rejected a similar approach for Indiana debtors. In a state such as Indiana, whose common law grants entirety property immunity from creditors of one spouse alone, the effect of section 522(b)(2)(B) — standing alone and without any ref- erence to state statutory exemptions — is partially to exempt entirety property: the property is subject to sale and distribution to joint creditors, but exempted from claims of individual cred- itprs. ... Keywords: bankruptcy; chapter; creditors; debtor; entirety; estate; f.2d; indiana; property
• 1992 Developments in Indiana Appellate Procedure: Of Timely Praecipes, Interlocutory Appeals, and Civility by Patton Jr., George T. (1993) - B. Pauper Appeals in Civil Cases In Campbell v. Criterion Group™ the supreme court granted transfer to consider an important question about the authority of Indiana courts to permit pauper appeals in civil cases and the method by which such appeals may be brought. One decision was the highly publicized appeal brought by a former heavyweight boxing champion, and the other, although less publicized, considered important questions about the authority of Indiana courts to permit pauper appeals in civil cases. Keywords: appeal; appellate; court; ind; indiana; motion; petition; trial
• Evidence: Indiana Moves Toward Adoption of the Federal Evidence: Indiana Moves Toward Adoption of the Federal Rules by Bodensteiner, Ivan E. (1993) - 18 Presumably, much evidence of prior bad acts—formerly admissible under the depraved sexual instinct excep- tion—will not be excluded under Rule 404(b), because the prosecution will be unable to fit such evidence under the other purposes provision of Rule 404(b). Due to this significant danger of jury misuse of such evidence, the courts in Indiana should exercise caution in admitting such evidence under Rule 404(b). 19. Keywords: 404(b; court; evidence; indiana; n.e.2d; rule
• The Progression of Indiana's Family Law in 1992 by Ruppert, Michael G.; Cross, Nancy L. (1993) - The court responded to this contention in what is becoming a familiar refrain: trial courts must avoid the pitfall of blind 82. Noting that the commentary to the Guidelines explains that the failure of the guidelines to address child support in shared custody situations is based upon the infinite permutations in shared custody for time spent with each parent, travel between parents, et cetera, the court observed that the father assumed, without court order, educational expenses that the mother had been ordered to pay, was responsible for all transportation of the children between households, and paid other day-to-day expenses. Keywords: app; child; court; father; ind; indiana; n.e.2d; property; support; trial court
• 1992: A Year of Change for Our Health Care System by Moore Haycox, Rolanda (1993) - Now is the time for our state to look at the entire package of health care programs offered through tax initiatives and to identify not only the changes that are needed, but also to identify the ways in which those changes can be implemented. The Commission, which was chaired by Ben Lytle, President and CEO of Associated Insurance Companies, Inc., was formed in 1989 as a result of Senate Bill 385.66 The legislature gave the Health Policy Commission the task of studying health policy in Indiana and making recommendations to improve the effectiveness of health care programs 65. Keywords: assembly; benefits; care; code; health; health care; ind; indiana; medicaid; program; reg; services; state
• Survey of Recent Developments in Medical Malpractice Law by Ruge, Thomas R.; Fuller, Rhonda L. (1993) - 173 In addition, Indiana courts have also occasionally dispensed with the need for expert opinion based upon the doctrine of res ipsa loquitur. Six categories of cases decided by the Indiana Court of Appeals and the Indiana Supreme Court will be examined in this Article: (1) cases in which applicability of the Medical Malpractice Act 1 is in question, (2) cases involving the issue of informed consent, (3) the case that discarded the modified locality rule, (4) cases involving the doctrine of continuing wrong and the statute of limitations, (5) cases addressing procedural matters, and (6) cases regarding proof of proximate cause in medical malpractice cases. Keywords: app; care; court; ind; indiana; malpractice; medical; n.e.2d; opinion; panel; plaintiff; trial
• Survey of 1992 Developments in the Indiana Law of Professional Responsibility by Kidd, Charles M. (1993) - In this case, the Indiana Supreme Court found that Jarrett's prior private reprimand aggravated his present misconduct and suspended him from the practice of law for three years.24 The third case in this triad of client fund misappropriation cases is In re Cawley, in which the defendant lawyer was hired to process a relatively complicated estate in 1988. If the lawyer immediately writes a check for $800 he has technically converted $300 of client funds which he has yet to earn. Keywords: case; client; conduct; court; indiana; jarrett; lawyer; n.e.2d; rule
• Survey of 1992 Developments in the Indiana Law of Product Liability by Huffer, Steven K.; Klezmer, Randal M. (1993) - As evidence that Indiana product liability law is a hybrid of strict liability and negligence principles, the court has said that a product can only be defective while being used or consumed in a manner reasonably foreseeable to the manufacturer. Accordingly, plaintiff-bystanders in product liability actions may assume the risk of injury. Keywords: court; indiana; liability; plaintiff; product
• Origin, Development, and Current Status of Fiduciary Duties in Close Corporations: Has Indiana Adopted a Strict Good Faith Standard? by Van Winkle, John R.; Welsh, Gary R. (1993) - In Green, minority shareholders chal- lenged as excessive the compensation that the corporation had paid to majority shareholders as officers and directors. 31 In 1975 the Supreme Court of Massachusetts, prompted by Helms, decided Donahue v. Rodd Electrotype Co. , 32 which imposed a fiduciary duty similar to that owed by partners on close corporation shareholders. Keywords: app; business; corporation; court; duty; fiduciary; indiana; majority; minority; n.e.2d; shareholders
• Lawyer-Bashing and the Challenge of a Sensible Response by Shepard, Randall T. (1994) - See generally Elsa Brenner, The Rising Role of Youths in Crime, N.Y. Times, Jan. 30, 1994, § 13WC, at 1 (discussing growing uneasiness among city officials about the number of youths carrying weapons to school and 'walking the corridors with guns and knives.'); Linda Eardley, Ciry Schools 'Gun-Shy' on Tracking Number ofFirearms Found, St. Louis Post-Dispatch, Feb. 7, 1994, at Al (discussing increasing problem of student assaults with guns and knives in public schools); Fixing Broken Schools Policies Needed on Weapons, Charter, Volunteers, San Diego Union-Trib., Feb. 15, 1994, B6 (discussing San Francisco education summit on violence in public schools). Employing the general principles of Everson, the courts have prohibited public schools from sponsoring non-denominational, voluntary prayers or Bible readings in classrooms,^^ at assemblies,^^ at school sporting events,^^ and at graduations.^ Under this onslaught from the bench, is it any wonder that Mississippi erupted late last year when Bishop Knox, a high school principal, was dismissed because he permitted students to read a non-sectarian prayer over the inter- com?^* While the overwhelming majority of students favored the prayer, 490 to 96, the school superintendent, citing School District v. Schempp,^^ felt compelled to fire Knox. Keywords: aba; american; aug; bar; community; court; education; image; indiana; justice; lawyers; note; profession; public; report; rights; schools; students; supp; supra; system; u.s
• An Examination of the Indiana Supreme Court Docket Dispositions, and Voting in 1993 by Betz, Kevin W.; Deibert, Andrew T. (1994) - In re Gary McPheeters, 1993 Ind. Lexis 207 (Ind. 1993) Ind. Lexis 21 1 (Ind. 1993) Keywords: cases; court; givan; ind; indiana; justice; n.e.2d; opinions; state
• 1993 Developments in Indiana Appellate Procedure: Changes in Original Actions, Rehearing and Transfer by Patton Jr., George T. (1994) - The procedures provided for Supreme Court review of final decisions of the tax court, but provided no procedural mechanism to review interlocutory decisions of the tax court. A.B., cum laude, 1984, Wabash College; J.D., cum laude, 1987, Indiana University School of Law—Bloomington; Law Clerk to Chief Justice Randall T. Shepard, Indiana Supreme Court, 1987-1989. Keywords: appeals; appellate; court; ind; indiana; n.e.2d; petition; supreme court
• Indiana Rules of Evidence by Bodensteiner, Ivan E. (1994) - Unless a special investigation of a particular complaint is something different than an investigation made pursuant to authority granted by law (first sentence of Indiana rule), this provision appears to eliminate most of the factual findings exception provided in the first sentence. (evidence of Martin's prior sexual misconduct with his daughter twenty years earlier improperly admitted under Rule 404(b), but admission harmless because of other evidence of deviate sexual conduct and child molesting); Taylor v. State, 615 N.E.2d 907, 912-13 (Ind. Ct. Keywords: court; evidence; indiana; indiana law; indiana rule; ire; n.e.2d; party; practice; pre; prior; r. evid; rule; statement; testimony; witness
• Survey of Recent Developments in Insurance Law by Trimble, John C.; Shoultz, Richard K. (1994) - Although Indiana courts rendered many other insurance decisions during the survey period,^ this Article's main focus is the probable effect of the Indiana Supreme Court's ruling in Hickman. It also observed that Indiana courts seemed to suggest that there were exceptions to this general rule, referring to Vernon Fire & Casualty v. SharpP Keywords: co.; court; coverage; damages; ind; indiana; insurance; insured; n.e.2d; policy
• Survey of 1993 Developments in the Indiana Law of Professional Responsibility by Kidd, Charles M.; McCoy Spear, Donna (1994) - The fact that the Indiana Supreme Court followed the recommendation may lead to speculation about whether such a practice will become a matter of course in disciplinary matters where a Respondent fails to comply with the discovery requests of the Disciplinary Commission. By way of example, the more obvious factors include a lack of prior disciplinary action or inexperience in the practice of law.^ It should be * Staff Attorney, Indiana Supreme Court Disciplinary Commission. Keywords: attorneys; client; commission; court; disciplinary; hearing; indiana; indiana rules; indiana supreme; lawyer; professional; respondent; rule; supreme court
• Recent Developments in the Indiana Law of Product Liability by Stommel, R. Robert (1994) - On review of summary judgment in Lucas v. Dorsey Corp.^^ the Indiana Court of Appeals for the First District resolved the issue of whether a successor company owes a common law duty to a plaintiff or is a seller within the meaning of Indiana's Product Liability Act.^^ Delphi Corporation, an interme- diate seller, ordered five derricks from Holan Division, a manufacturer of digger derricks. In addition, the Indiana Court of Appeals addressed the issues of successor liability, assumption of duty, and product misuse. Keywords: court; damage; ind; indiana; liability; n.e.2d; product; product liability
• 1993 Developments in Indiana Taxation by Jegen III, Lawrence A.; Maley, John R. (1994) - This is clear because Indiana Code Section 6-8. 1-9-1 (c), which formerly directed such appeals to county courts, was amended with the creation of the Indiana Tax Court to provide that such appeals must be filed with the Indiana Tax Court.' What had not been clear was whether taxpayers could appeal to the Indiana Tax Court from a Letter of Findings issued by the Department. Instead, the contingent fee goes to the weight of the testimony rather than admissibility because the potential for abuse is less in the Indiana Tax Court where all cases are tried without juries. Keywords: code; court; indiana; tax; taxpayer
• Indiana's Neglect of a Dependent Statute: Uses and Abuses by Dwyer, Kenneth D. (1995) - 127 The old neglect of child statute said: Neglect of a child shall consist in any of the following acts, by anyone having the custody or control of the child; (a) wilfully failing to provide proper and sufficient food, clothing, maintenance, regular school education as required by law, medical attendance or surgical treatment, and a clean and proper home, or (b) failure to do or permit to be done any act necessary for the child's physical or moral well-being . . . . Section 10-815, the penalty section of the cruelty and neglect of children statutes, became § 35-14-1-4. Cruelty and neglect of child is defined in § 10-813 which was carried forward as § 35- 1 4- 1 -2. Keywords: app; child; code; court; defendant; dependent; ind; indiana; n.e.2d; neglect; person; standard; state; statute
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 1994 by Betz, Kevin W.; Deibert, Andrew T. (1995) - Justice Sullivan did not participate in two opinions — In re Garringer, 626 N.E.2d 809 (Ind. 1994); Indiana Dep't of Public Welfare v. Teckenbrock, 643 N.E.2d 306 (Ind. 1944). 1995] INDIANA SUPREME COURT 857 TABLE B-1 Voting Alignments for Civil Cases^ Sullivan, J. Dickson, J. Givan, J. DeBruler, J. Shepard, C.J. O Ill 104 103 110 S 2 1 Shepard, C.J. D 113 104 103 111 ... N 119 119 121 118 P 95.0% 87.4% 85.1% 94.0% O 107 102 101 110 s 3 1 1 DeBruler, J. D 110 102 102 ... 111 N 116 116 118 118 P 94.8% 87.9% 86.4% 94.0% 98 99 101 103 s 3 1 Givan, J. D 98 102 ... 102 103 N 119 119 118 121 P 82.3% 85.7% 86.4% 85.1% Opinions concurring in part and dissenting in part or opinions concurring in part only and differing on another issue are counted as dissents. ' ChiefJustice Shepard did not participate in one case—Moran v. State, 644 N.E.2d 536 (Ind. 1 994). Keywords: court; givan; ind; indiana; justice; n.e.2d; opinions; shepard; state
• 1994 Developments in Indiana Appellate Procedure: Old Lessons Revisited and the Scope of the Court of Appeals' Discretion by Harrington, William O. (1995) - Indiana Law Review 1994 Developments in Indiana Appellate Procedure: Old Lessons Revisited and the Scope of the Court of Appeals' Discretion William O. Harrington* Introduction During 1994, Indiana appellate practice stayed its course. 1. St. Amand-Zion v. Review Bd. of Ind., 635 N.E.2d 184, 185 (Ind. Ct. Keywords: app; appeals; appellate; court; ind; indiana; n.e.2d
• Survey of 1994 Developments in the Law of Professional Responsibility by Kidd, Charles M.; McCoy Spear, Donna; Overholt, Anthony W. (1995) - These cases demand review by Indiana lawyers who practice in court or before any tribunal, even on a limited basis. In furtherance of the foregoing powers and subject to the supervision of and, where appropriate, appeal to the Supreme Court of Indiana, CLE shall have authority to: (a) Approve or conditionally approve appropriate organizations as qualified to certify lawyers as specialists in a particular field or closely related group of fields of law; (b) Adopt rules and policies reasonably needed to implement this rule and which are not inconsistent with its purpose; (c) Review and evaluate the programs of ICO's to assure continuing compliance with the purposes of this rule, the rules and policies of CLE, and the qualification standards set forth in Section 4; (d) Deny, suspend or revoke the approval of an ICO upon CLE's determination that the ICO has failed to comply with the qualification standards or rules and policies of CLE; (e) Keep appropriate records of those lawyers certified by ICO's approved under this rule; (f) Cooperate with other organizations, boards and agencies engaged in the field of lawyer certification; (g) Enlist the assistance of advisory committees to advise CLE; and (h) Make recommendations to the Indiana Supreme Court concerning: (1) The need for and appointment of a Director and other staff, their remuneration and termination; Keywords: attorney; conduct; conduct rule; court; fee; indiana; indiana law; indiana rules; indiana supreme; judge; lawyer; n.e.2d; professional; respondent; responsibility; rule; supreme court
• 1994 Developments in Indiana Taxation by Jegen III, Lawrence A.; Maley, John R. (1995) - The Indiana Supreme Court, by contrast, issued only two opinions on Indiana tax. If nothing else, Bethlehem Steel shows that the Indiana Supreme Court still has at least some interest in Indiana tax issues that come to the Indiana Supreme Court as a matter of discretion and not as a matter of right.' Keywords: code; court; department; drug; indiana; n.e.2d; t.c; tax
• The Merits of State Action Immunity to Promote Hospital Collaboration: Report of the Hospital Antitrust Task Force to the Indiana State Department of Health by Kinney, Eleanor D.; Clark Copp, Lisa; Gonzales, Marcia (1995) - The Task Force was comprised of leading Indiana experts on health care antitrust law and key state policy makers.' [hereinafter ANTITRUST HEALTH Care]. Keywords: act; action; antitrust; care; competition; exemption; federal; force; health; health care; hospitals; indiana; laws; market; policy; providers; review; services; state; task; task force
• Regulation of Construction Site Stormwater Runoff: We Can Do Better Than This by Hatchett, David L. (1995) - To help implement state programs, Congress authorized $400 million for four years. A North Carolina study placed state programs into three categories according to their structure and corresponding probability of success. Keywords: construction; control; enforcement; epa; erosion; indiana; nonpoint; permit; pollution; program; quality; regulation; runoff; section; sediment; site; source; state; stormwater; supra note; water
• A Call to Action for National Long-Term Care Reform: Indiana's Private-Public Cooperative as a Model by Jarnagin, Veronica L. (1995) - The Indiana Long Term Care Program (ILTCP), 14 one of several state partnership programs, 15 encourages Grandma to purchase private LTC insurance for the first few years of extended home or institutional nursing care. Hence, private LTC insurance has not been able to realize its full potential. Keywords: assets; benefits; care; costs; health; home; iltcp; indiana; insurance; ltc; medicaid; national; nursing; partnership; pay; program; public; reform; services; state; supp; supra note; term; term care
• Reform of Defense Representation in Capital Cases: The Indiana Experience and Its Implications for the Nation by Lefstein, Norman (1996) - The Article then reviews the rule's surprising impact on the prosecution and defense of Indiana death penalty cases and its cost. If outcomes in Indiana death penalty cases do not markedly change during the next several years and the number of death penalty filings remain about the same as they were during 1992-1994, greater statistical reliability can be attached to the data from the first several years of experience with Rule 24. Keywords: attorneys; capital; capital cases; capital defense; cases; commission; counsel; court; criminal; death penalty; defender; defense; indiana; lawyers; ohio; penalty cases; prosecutors; public; representation; rule; state; trial
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 1995 by Betz, Kevin W.; Deibert, Andrew T. (1996) - Also, the following 6 miscellaneous cases are not included in this chart—Spencer v. State, 653 N.E.2d 476 (Ind. 1995); Bivins v. State, 650 N.E.2d 684 (Ind. 1995); Cotton v. State, 658 N.E.2d 898; and Howard Publications, Inc. v. Lake Michigan Charters, Ltd., 658 N.E.2d 582 (Ind. 1995) which were votes on petitions to transfer and petitions for rehearing; nor In re Clerk's Proposal Regarding Contracting Out Microfilming Operations, 650 N.E.2d 680 (Ind. 1995) and In re Management of Indiana Supreme Court Disciplinary Comm'n Fund, 650 N.E.2d 679 (Ind. 1995), which were votes on administrative matters. e Justice Sullivan did not participate in two opinions—Indiana Dep't of State Revenue v. Fort Wayne Nat'l Corp. , 649 N.E.2d 109 (Ind. 1995) and Savage v. State, 655 N.E.2d 1223 (Ind. 1995). Keywords: court; ind; indiana; justice; n.e.2d; opinions; shepard
• 1994 Developments in Indiana Appellate Procedure: Significant Rule Amendments and Important Procedural Conventions by Harrington, William O. (1996) - Indiana Appellate Rule 12(D) provides: Indiana Appellate Rule 8. 1 (A) provides, in relevant part: Keywords: app; appeals; appellate; court; ind; indiana; n.e.2d; rule; trial
• Recent Developments in the Indiana Law of Products Liability by Caress, Timothy C. (1996) - Id. 1 996] PRODUCTS LIABILITY 98 1 incurred risk does not require a showing that the plaintiff had foresight 'that the particular accident and injury which in fact occurred was going to occur.' The [Product Liability] Act defines a seller as 'a person engaged in business as a manufacturer, a wholesaler, a retail dealer, a lessor, or a distributor.' 55 In determining that K-Mart was not a seller of the boxes in question, the court relied on Lucas v. Dorsey Corp., which provided that the occasional seller who is not engaged in that activity as part of his business is not liable in products liability. 56 In Crist, the court relied on the affidavit of K-Mart' s transportation manager, which provided that [t]he boxes were not for sale, either on a wholesale or retail basis; rather, it was the products within the boxes that were to be sold. Keywords: act; code; consumer; court; indiana; liability; manufacturer; n.e.2d; plaintiff; product; product liability; seller
• 1995 Developments in Indiana Taxation by Jegen III, Lawrence A.; Tripp, James S. (1996) - Thus, there were no 1995 surprises for Indiana taxpayers with respect to the passing of this federal definition. The tax court observed that: (1) the tax court had exclusive jurisdiction over any case that arose under the tax laws of the State of Indiana, including, but not limited to, cases that arose from a final determination of the ISBTC;37 (2) the tax court was created to provide a court that had exclusion jurisdiction over Indiana tax matters (but the tax court was not a court of general jurisdiction); (3) Indiana Code section 6-l.l-15-3(b) required the ISBTC to consider the merits of an assessor's Forms 131, and if the ISBTC refused to do so, the ISBTC thereby denied the assessor a right to review in direct contravention of the law; and (4) it would be anomalous for the tax court to hold that the assessors did not have standing to enforce a right that was specifically granted to the assessors by the general assembly. Keywords: code; indiana; indiana code; n.e.2d; property; state; t.c; tax; tax court; taxpayer
• 1995 Developments in Workers' Compensation by Feary, Gregory M.; Pletcher, Steven A. (1996) - Indiana courts have regularly applied the same analytical methodology used by federal courts and applied the rational basis standard to determine if a provision 35. Tapia v. Heavner.—It does not automatically follow that a tortfeasor may escape trial court jurisdiction through the exclusive remedy statute simply by establishing employer/employee or coemployee status. Keywords: app; board; compensation; court; disability; employer; employment; ind; indiana; injury; n.e.2d; statute; worker
• On the Retirement of Justice Roger O. DeBruler by Shepard, Randall T. (1997) - Justice Roger O. DeBruler' s twenty-eight years on the court began during the court's final partisan elections and concluded at a moment when all the members have been appointed under the Missouri Plan adopted by the voters who re-elected Justice DeBruler in 1970. Roger DeBruler has been serving on the supreme court during my entire career as a lawyer. Keywords: court; debruler; indiana; justice; roger
• Justice DeBruler and the Dissenting Opinion by Stroud, Kenneth M. (1997) - DeBruler is also the only Indiana Supreme Court Justice to cite to the State Poem in an opinion. 5* The Indiana Supreme Court held that the denial of unemployment compensation benefits to the petitioner, who had quit his job because of his religious beliefs, did not violate the Free Exercise Clause. Keywords: case; court; debruler; dissent; dissenting; evidence; indiana; justice; opinion; supreme
• The History of the Indiana Trial Court System and Attempts at Renovation by Baker, John G. (1997) - Further, recent amendments to the Indiana Trial Rules and Indiana Appellate Rules have demonstrated that the court is willing to address management of the cases in Indiana courts by modernizing the record keeping system throughout the state 8 and by providing rules requiring trial courts to cooperate and work together in the selection of special judges. However, by 1975, the general assembly had enacted the County Court Law which revamped the organization of Indiana trial courts of limited jurisdiction by replacing them with county courts. Keywords: assembly; circuit; county; court; court system; general; indiana; judges; judicial; note; selection; supra; system; trial; trial court
• Biographical Sketches of Indiana Supreme Court Justices by Browning, Minde C.; Humphrey, Richard; Kleinschmidt, Bruce (1997) - He held many public offices, including Indiana State Representative from 1821 to 1822, U.S. District Attorney for Indiana from 1825 to 1829, Second Circuit Prosecuting Attorney from 1833 to 1836, and Indiana Supreme Court Justice from 1836 to 1847. When Indiana Supreme Court Justice Mote died in office, Justice DeBruler was appointed as his successor. Keywords: attorney; c c; c o; circuit; co c; co o; co u; county; court; court justice; indiana; indiana bar; indiana biography; indiana court; indiana law; indiana state; indiana supreme; indiana university; indianapolis; january; judge; justice; memoriam; monks; o o; practice; school; supra note; supreme court; u c; u o; u u
• Judicial Abrogation of a Husband's Paternity: Can a Third Party Seek to Establish Paternity Over a Child Born into a Marriage While That Marriage Remains Intact? by Chezem, Linda L.; Nagy, Sarah L. (1997) - The court of appeals held that children bom during the marriage were presumably legitimate, and where a presumption exists that children bom of a valid marriage are legitimate, they cannot be presumed to be bom of one other than the party to that marriage or out of wedlock unless this has been determined in the court having jurisdiction over such matters. '^ However, such a vague recognition of a liberty interest in the biological father ignores the weighty liberty interests of a mother, child and family to remain intact and free from interference from attacks by third parties who wish to assert paternity over children bom into an intact marriage. Keywords: child; child bom; court; father; husband; indiana; marriage; patemity; paternity; supreme
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 1996 by Betz, Kevin W.; Deibert, Andrew T. (1997) - Shepard, C.J., Dickson, .1., Boehm, J.: Spurlock v. State, 675 N.E.2d 312 (Ind. 1996) Also, the following six miscellaneous cases are not included in this Table: Bryant V. State, 1996 WL 2741 19 (Ind. 1996) (misc. Keywords: cases; court; ind; indiana; justice; n.e.2d; opinions; shepard
• Developments in Indiana Employment Law by Evans, Kelly A. (1997) - The supreme court's decision in Wior leaves Indiana employees, employers, and their attorneys knowing only that the facts in Romack were sufficient to establish independent consideration for an employment contract, while the facts in Wior were not. The court noted that, [a]s a general rule, Indiana employment relationships are terminable at the will of either party. Keywords: contract; court; employee; employment; indiana; n.e.2d; wior
• Recent Developments Under the Indiana Rules of Evidence by Cooper, Jeffrey O. (1997) - ^^ n. Character Evidence and Other Acts—Rules 404 and 405 The use of character evidence and acts other than those directly implicated in a particular proceeding presents some of the most difficult issues raised under the Indiana Rules of Evidence. Indiana has recognized the distinction between the logical relevance of character evidence and the legal relevance of that evidence. Keywords: character; court; defendant; evidence; expert; ind; indiana; n.e.2d; rule; state; statement; testimony; victim
• Survey of Developments in Indiana Civil Procedure by Maley, John R. (1997) - The trial court should follow a two-step process in assessing fairness of settlement: (1) a preliminary evaluation of the fairness of the settlement; and (2) a formal fairness hearing where arguments for and against settlement are heard;** Indiana courts should employ six factors as a useful guide in structuring their opinions on fairness of class settlements: (1) the strength of the plaintiffs' case measured against the terms of the settlement; (2) the complexity, length, and expense of continued litigation; (3) the degree of opposition to the settlement; (4) the benefit of the settlement to class representatives and their counsel compared to the benefit of settlement to the class members; (5) the opinion of competent counsel as to the reasonableness of the settlement; and (6) the stage of the proceedings and the amount of discovery completed/^ Applying the six factors noted above, the Indiana Supreme Court determined that the trial court abused its discretion in approving the class settlement in Hefty. The court of appeals also ruled that the trial court did not abuse its discretion in selecting dismissal as the sanction given plaintiffs failure to appear for two properly noticed depositions.^^ The decision shows that Indiana appellate courts are not tolerant of discovery abuses, and review sanctions orders deferentially, as they should. vn. Keywords: action; appeals; county; court; indiana; judgment; rule; trial
• Survey of 1996 Developments in the Law of Professional Responsibility by Kidd, Charles M.; McKinney, Dennis K. (1997) - R. 5B. 1 997] PROFESSIONAL RESPONSIBILITY 1 265 The upshot is that the creation of these rules mandates uniformity in the way in which Indiana lawyers manage trust accounts. The court acknowledged that some of the usual sanctions in lawyer discipline cases were not appropriate for an out-of-state lawyer.^^ Keywords: bar; client; court; disciplinary; indiana; lawyer; n.e.2d; rule; supreme; supreme court
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 1997 by Betz, Kevin W.; Loftus, Barry L. (1998) - (order setting execution date); Burris v. State, 687 N.E.2d 190 (Ind. 1997) (denial of successive petition for post conviction relief); Taylor v. State, 677 N.E.2d 38 (Ind. 1997) •- Justices declined to participate in the following non-disciplinary cases: Justice Sullivan (State v. Hoovler, 673 N.E.2d 767 (Ind. 1997); Sullivan v. Day, 681 N.E.2d 713 Gnd. 1997); J.A.W. v. State, 687 N.E.2d 1202 (Ind. 1997); Family & Social Servs. Keywords: court; ind; indiana; justice; n.e.2d; number; opinions; shepard; state
• Survey of Recent Developments in Indiana Evidence Law by O'Brien, Sean P. (1998) - This proposition raises the issue of the implied assertion and its effect on the hearsay character of an out of court statement. In Angleton, the court dealt with a variety of out of court statements made by a murder victim before she died. Keywords: admissibility; app; case; cir; court; defendant; evidence; ind; indiana; n.e.2d; rule; state; statement; trial; united; victim; witness
• Indiana Appellate Procedure in 1997 by Wilkins, Michael A.; Blaiklock, A. Richard M. (1998) - The main issue presented in Marshall was whether the failure of an appellant to personally serve the trial judge with a motion to correct errors, as mandated by Indiana Trial Rule 59(C), serves as an excuse^^ to the self-executing thirty-day time limitation to rule on a motion to correct errors'^ when the trial judge, despite not being personally served with a copy of the motion, has actual knowledge of its existence.^^ The court in Marshall first set forth a concise statement of the law interpreting the procedural interplay between Appellate Rule 2(A) and Indiana Trial Rule 53.3(A): Indiana Appellate Rule 2(A) requires that every party seeking an appeal must first file a praecipe within thirty days ofthe entry of final judgment. In particular, the issue in Marshall was whether the same procedures apply to motions to correct errors filed in small claims courts as in Indiana trial courts. Keywords: appeal; appellate; court; ind; indiana; motion; n.e.2d; order; rule; trial; trial court; trial rule
• Indiana's Medical Malpractice Reform Revisited: A Limited Constitutional Challenge by Kinney, Eleanor D. (1998) - See Kinney et al., supra note 20, at 1276; Catherine Schick Hurlbut, Note, Constitutionality ofthe Indiana Medical Malpractice Act: Re-Evaluated, 19 Val. Other Indiana reform designed to limit claim size are the limitation on recoveries from collateral sources and 27. Keywords: claimants; claims; court; health; indiana; malpractice; medical; n.e.2d
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 1998 by Betz, Kevin W.; Lindsey, Mark A. (1999) - Also, the following 7 miscellaneous cases are not included in the table: Winkler v. Winkler, 699 N.E.2d 657 (Ind. 1998) (dissent from denial of transfer); Davenport v. State, 696 N.E.2d 870 (Ind. 1998) (denial of petition to reinstate convictions); Pruitt v. City of Lake Station, 695 N.E.2d 123 (Ind. 1998) (order dismissing appeal as moot); Town of St. John v. State Bd. ofTax Comm'rs, 695 N.E.2d 123 (Ind. 1998) (order granting petitions for review and setting oral argument); Worldcom Network Servs., Inc. v. Thompson, 694 N.E.2d 1125 (Ind. 1998) Keywords: court; ind; indiana; justice; n.e.2d; number; opinions; shepard; state
• Indiana Appellate Procedure in 1998 by Wilkins, Michael A.; Blaiklock, A. Richard M. (1999) - In short, that amendment authorizes trial courts to permit the filing of a belated praecipe, but only 'for appeal of [a] conviction. ' Indiana Law Review Indiana Appellate Procedure in 1998 Michael A. Wilkins* a. Richard M. Blaiklock* Introduction During the survey period,^ important judicial decisions applicable to appellate procedure were made which must be considered when working on an appeal before Indiana appellate courts. Keywords: appeal; appellate; court; indiana; judgment; n.e.2d; rule; trial; trial court
• Survey of Recent Developments in Insurance Law by Shoultz, Richard K. (1999) - Because the jury's verdict was close to the insurance company's assessment of comparative fault, the appellate court found, as a matter of law, that the insurer did not act in bad faith.^^ This case emphasizes that insurance companies do not engage in bad faith, merely by disagreeing with the insured over the value or liability assessment of a claim. Insurance companies possess a right to disagree, without fear that they have engaged in bad faith. Keywords: claim; company; court; coverage; faith; ind; indiana; insurance; insured; n.e.2d; policy
• Survey of 1998 Developments in the Law of Professional Responsibility by Kidd, Charles M. (1999) - Developments in the areas of solicitation of legal services, the Interest On Lawyer Trust Accounts program, mishandling client funds, and lawyers elected to public office all served to broaden the spectrum of ethical concerns for Indiana lawyers. The text of the new rule follows this article as Appendix D. Conclusion The supreme court and its Disciplinary Commission address problems involving lawyer trust accounts and continually refine the rules and practices used by the bar to hold client funds in trust. Keywords: attorney; client; court; disciplinary; funds; indiana; interest; lawyer; n.e.2d; office; rule; supreme; supreme court; trust
• Trusts and Decedents' Estates by Adams, Cynthia (1999) - See id. Indiana Code section 29- 1 - 1 7-2(d) provides, in pertinent part: The decree of final distribution shall be a conclusive determination of the persons who are the successors in interest to the estate of the decedent and of the extent and character of their interest therein, subject only to the right of appeal the right to reopen the degree. She also moved for summary judgment, claiming: 1) under Indiana Code section 29- 1-2- 1(b)(3),'* the wife's property passed to the husband as the surviving spouse; 2) Indiana Code section 29-1-2-12.1^ did not apply because the husband was not convicted of a crime in * Lecturer in Law, Indiana University School of Law—Indianapolis. Keywords: code; code section; court; decedent; estate; ind; indiana; indiana code; n.e.2d; property; section; spouse; trust
• Recent Developments in Worker's Compensation Law by Modisett Wyatt, Carol (1999) - shall exclude all other rights and remedies of such employee ... at common law or otherwise . . . . Indiana Law Review Recent Developments in Worker's Compensation Law Carol Modesitt Wyatt* Introduction The Worker's Compensation Act (the Act)^ is a compromise between employers and employees. Keywords: benefits; compensation; court; employee; employment; ind; indiana
• Why Changing the Supreme Court's Mandatory Jurisdiction Is Critical to Lawyers and Clients by Shepard, Randall T. (2000) - While these approaches and others might well be suitable solutions at the margins of our volume problem, none of them alone or collectively would address the Niagara of direct criminal appeals now washing over the Indiana Supreme Court. See Doug Haberland, Chief Justice Makes Case for Proposition 2, FORT WAYNE Journal-Gazette, Sept. 28, 1988, at IC (The general populace doesn't have the access to the courts it deserves,' said Wells Circuit Court Judge David L. Hanselman Sr.); James O. McDonald, Prop 2 IsforLaw-Abiding Citizens, TerreHauteTrtoune-Star, Oct. 23, 1 988, at C3 (The Terre Haute Bar Association; Indiana Bar Association; Supreme Court Judges Shepard and Di[cks]on; Vigo County Judges Bolin, Brown, Eldred, Kite and McCrory; county political chairmen Robert Wright and Ruel Bums; Sheriff Jim Jenkins; Prosecutor Phil Adler; and Police Chief Gerald Loudermilk all have endorsed passage of Proposition 2.). Keywords: appeals; cases; court; criminal; indiana; number; opinions; state; supreme; years
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 1999 by Betz, Kevin W.; Lindsey, Mark A. (2000) - In re Razo, 720 N.E.2d 719 (Ind. 1999); In re Graddick, 7 1 9 N.E.2d 1 245 (Ind. 1 999); /« re Bell, 7 1 8 N.E.2d 1115 (Ind. 1 999); In re Benjamin, 7 1 8 N.E.2d I i 1 1 (Ind. 1999); In re Puterbaugh, 716 N.E.2d 1287 (Ind. 1999); In re Corbin, 716 N.E.2d 429 (Ind. 1999); In re Reed, 716 N.E.2d 426 (Ind. 1999); In re Deets, 716 N.E.2d 366 (Ind. 1999); In re Wilson, 715 N.E.2d 838 (Ind. 1999); In re Van Rider, 7 1 5 N.E.2d 402 (Ind. 1999); In re Gole, 7 1 5 N.E.2d 399 (Ind. 1 999); In re Cable, 7 1 5 N.E.2d 396 Ond. 1999); In re Davis, 715 N.E.2d 386 (Ind. 1999); In re Cherry, 715 N.E.2d 382 (Ind. 1999); /«re Conn,715N.E.2d379 (Ind. 1999);/nre Welling, 715N.E.2d377 (Ind. 1999);/« re CaldweII,715N.E.2d 362 (Ind. 1999);/AirgKummerer,714N.E.2d653(Ind. Walker v. Campbell, 719 N.E.2d 1248 (Ind. 1999) (order granting transfer and dismissing appeal); State v. Klein, 719 N.E.2d 386 (Ind. 1999) (dissent from denial ofpetition to transfer); State v. Linck, 716 N.E.2d 892 (Ind. 1999) (vacating order granting petition to transfer); Michigan Mutual Insurance Co. v. Sports, Inc., 706 N.E.2d 555 (Ind. 1999) (denying petition to transfer and striking appellant's brief in support of petition to transfer for its scurrilous and intemperate attack on the integrity of the Court of Appeals). Keywords: court; ind; indiana; justice; n.e.2d; number; opinions
• Recent Developments in Indiana Appellate Procedure: New Appellate Rules, a Constitutional Amendment, and a Proposal by Patton Jr., George T. (2000) - Rules specify that Indiana appellate courts give expedited consideration to interlocutory appeals and appeals involving issues of child custody, support, visitation, adoption, paternity, determination that a child is in need of services, termination of parental rights, and all other appeals entitled to priority by rule or statute. ^^^ F. Title VI: Motions Like the changes to the Record, the changes with respect to motions practice in Indiana appellate courts are substantial, hopefully filling the large void in the current rules. Keywords: appeal; appellate; clerk; court; court clerk; indiana; motion; new; notice; ofthe; party; record; rule; supreme court; time; transcript; trial court
• Survey of the Law of Professional Responsibility by Kidd, Charles M.; Anderson, Greg N. (2000) - Recently, Indiana courts have addressed the civility and professionalism issue in several cases. Ill A lawyer should honor promises or commitments to other lawyers and to the court, and should always act pursuant to the maxim, 'My word is my bond.' Keywords: case; circuit; civility; client; company; conduct; counsel; court; indiana; indiana court; indiana law; indiana supreme; insurance; lawyer; n.e.2d; ofthe; practice; professional; rules; standards; supreme court; trial court
• Survey of 1999 Indiana Cases on the Uniform Commercial Code by Woods, Judy L. (2000) - Indiana Code section 26- 1 -2-3 1 4(2) provides: (2) Goods to be merchantable must at least be such as: (a) pass without objection in the trade under the contract description; and (b) in the case of fungible goods, are of fair, average quality within the description; and (c) are fit for the ordinary purposes for which such goods are used; and (d) run, within the variations permitted by the agreement, ofeven kind, quality, and quantity within each unit and among all units involved; and (e) are adequately contained, packaged, and labeled as the agreement may require; and (f) conform to the promises or affirmations of fact made on the container or label if any. iND. However, Indiana courts and practitioners have often looked to the official comments to the UCC for guidance in interpreting and applying Indiana's version of the UCC.'* Keywords: bank; code; court; debtor; ind; indiana; n.e.2d; ofthe; payment; ucc
• 1998-1999 Brings New Developments to Indiana's Worker's Compensation Law by Modesitt Wyatt, Carol (2000) - ^^^ With respect to the circumstances under which the accident occurred, the Indiana Supreme Court reasoned that maintaining a congenial work environment where employees get along with each other is desired by both employees and employers and that Lamey's embracing hug and consolation ofWine-Settergren was an action reasonably expected between employees. '^^ Indiana Law Review 1998-1999 Brings New Developments to Indiana's Worker's Compensation Law Carol Modesitt Wyatt* Introduction The Worker's Compensation Act (the Act)' strikes a compromise between employees and employers. Keywords: claim; compensation; court; employee; faith; ind; indiana; injury; medical; n.e.2d; worker
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 2000 by Betz, Kevin W.; Stephenson, P. Jason (2001) - (dissent from denial of transfer); Davenport v. State, 696 N.E.2d 870 (Ind. 1998) (denial of petition to reinstate convictions); Lenhardt Tool & Die Co. v. Lumpe, 722 N.E.2d 824 (Ind. 2000) (interlocutory appeal of denial of summary judgement). ofFamily and Children, 735 N.E.2d 222 (Ind. 2000); Justice Boehm: Anthem Ins. Co. Keywords: court; ind; indiana; justice; n.e.2d; number; opinions; shepard; state; table
• Recent Survey of Worker's Compensation Law by Modesitt Wyatt, Carol (2001) - On April 7, 1995, employee Harris was working at the facility gatehouse when he shot and killed employee Conway. The Act provides compensation for employees who suffer injuries that occurby accident arising out of and in the course of employment. Keywords: compensation; court; employer; ind; indiana; n.e.2d; provision
• The Guilty Plea Process in Indiana: A Proposal to Strengthen the Diminishing Factual Basis Requirement by Penrod, Earl G. (2001) - The purpose here is neither to rue the demise ofthe adversarial process by advocating a prohibition against guilty pleas generally or plea bargaining specifically 2 nor to propose that the American adversarial process should be critically re-evaluated in relation to the inquisitorial approach ofthe countries of continental Europe. 10 Considering both the United States Supreme Court imprimatur on the plea bargaining process and the prevalence of guilty pleas with or without plea bargaining, it is disingenuous to argue that the efficacy and legitimacy of the criminaljustice system is or should be inextricably intertwined with the complete jury trial. Keywords: basis; basis requirement; court; defendant; indiana; indiana supreme; judge; n.e.2d; ofthe; plea; process; state; supreme court; trial; trial court
• The Swinging Pendulum of Victims' Rights: The Enforceability of Indiana's Victims' Rights Laws by Giannini, Mary Margaret (2001) - However, a handful of states take a broader approach to enforcing victims' rights, and have established specific victims' rights enforcement mechanisms through the use ofthe writ ofmandamus and the creation ofvictims' rights oversight committees. In reflecting upon the growing prevalence ofthe victim in the law, one might posit that as our criminal justice system has evolved, the pendulum marking the balance between victims and defendants has swung far to one extreme, focusing entirely on the rights of defendants, to the exclusion of victims' rights. Keywords: action; agency; ann; art; code; const; court; crime; crime victims; criminal; defendant; indiana; justice; notice; ofthe; ombudsman; rights; rights laws; state; system; victims; victims rights
• The Continuing Complexity of Indiana Rule of Evidence 404(b) by Cooper, Jeffrey O. (2002) - Recognizing this reality, in the 1 993 case of Wickizer v. State^^ the Indiana Supreme Court held that evidence ofother acts may not be offered to show intent unless the defendant specifically denies intent. Second, the rule excludes evidence of such acts if offered solely as character evidence to show action in conformity with that character in the events giving rise to the case. Keywords: 404(b; court; defendant; evidence; ind; indiana; rule
• Survey of the Law of Professional Responsibility by Kidd, Charles M. (2002) - Lawyers are instructed to treat other lawyers with civility and respect.^^ Lawyers have long been admonished to treat judges and other judicial officers with respect and that lawyers can achieve their clients' ends through patient firmness as much or more effectively than through belligerence or theatrics.^* Id 2002] PROFESSIONAL RESPONSIBILITY 1483 offer/' The supreme court's discussion (including a dissent overthe appropriateness ofthe sanction) is quite interesting, in that it addresses the fundamental role and responsibility ofthe lawyer as fiduciary. Keywords: case; client; conduct; court; indiana; jlap; judge; lawyer; notice; ofthe; order; party; professional; rule
• Appellate Procedure by Cressler, Douglas E. (2003) - R. 8 (appellate court acquires jurisdiction once notice of completion of clerk's record is filed); IND. (trial court may not act in reliance on an opinion until final and certified); Keywords: app; appeal; appellate; court; ind; indiana; n.e.2d; rule; state; trial; trial court
• Survey of Recent Developments in Indiana Civil Procedure by Maley, John R. (2003) - The most notable change was the implementation of new Indiana Jury Rules, which took effect January 1, 2003, and which drastically change procedures relating to jury trials in Indiana. The Indiana Jury Rules The enactment of the new Indiana Jury Rules is the most significant development in Indiana trial practice in recent years. Keywords: court; indiana; jury; rules; supreme; trial
• Survey of the Law of Professional Responsibility by Kidd, Charles M. (2003) - It should be common knowledge among lawyers that they owe a high professional duty to their clients in carrying out representations on their behalf. Lawyers are completely free to criticize the decisions ofjudges. Keywords: case; client; conduct; court; indiana; lawyer; n.e.2d; professional; respondent; supreme
• Survey of Recent Developments of the Law Concerning the Uniform Commercial Code by Woods, Judy L.; Allen, Adrian S. (2003) - 47 Upon Roberts' default under the lease agreement, Agricredit asserted that it was a holder in due course ofthe lease agreement and moved for summaryjudgment.48 In reply, Roberts raised the defense of fraud under section 26-1-3.1-305. Under section 26-1-2-602(1) ofthe Indiana Code, a rejection of goods must be made within a reasonable time after their delivery or tender. Keywords: brandeis; capitol; contract; court; indiana; lease
• Rededication of the Federal Courthouse in Indianapolis The 100th Anniversary of the Laying of the Cornerstone March 25, 2003 by Boehm, Theodore R. (2004) - I am sure you understand that this would not have been able to be accomplished without the careful foresight and assistance ofthe Indiana State Judiciary. Those who builtthe federal building of 1 903 knew they were making a contribution for the ages. Keywords: building; indiana; state
• Naming Ceremony for the Birch Bayh Federal Building and United States Courthouse October 24, 2003 by Young, Richard L. (2004) - I met Senator Birch Bayh in the Fall of 1975 in my home state of Iowa. Indiana Law Review Naming Ceremony for the Birch Bayh Federal Building and United States Courthouse October 24, 2003 Judge Richard L. Young* It is truly an honor to be selected to speak at this historic occasion recognizing the public career of former Senator Birch Bayh. Keywords: bayh; birch; indiana
• Indianapolis Judges and Lawyers Dramatize Ex Parte Milligan, A Historical Trial of Contemporary Significance by Sullivan Jr., Frank (2004) - Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it, which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its just * Justice, Indiana Supreme Court. During United States military operations in Afghanistan, thousands of alleged enemy combatants were captured, including Hamdi. Keywords: american; court; indiana; milligan; states; supreme; united; war
• The United States Court House in Indianapolis by Secrest, Perry R. (2004) - Indiana Law Review United States Court House and Post Office circa 1919, Indianapolis, Indiana {reprinted with permissionfrom the Indiana Historical Society, Bass Photo Co. Collection, 65873) The United States Court House in Indianapolis Perry R. Secrest* In 2003, the Historical Society of the United States District Court for the Southern District of Indiana celebrated the centennial of the Court House ^ in Indianapolis with a series ofevents including the court history symposium which is the subject of this issue of the Indiana Law Review. For purposes ofthis Article, Court House and Post Office will be used in reference to the building. 2. Keywords: building; circuit; court; court house; courtroom; district; district court; federal; floor; indiana; judge; office; ofthe; original; states; states court; united; united states
• Ex Parte Milligan by Sullivan Jr., Frank (2004) - I ask you now to carry through with President Lincoln's intentions and do what he could not accomplish before his death: grant this man, Lambdin P. Milligan, freedom from his military captors, and afford Mr. Milligan his guaranteed due process rights, the right to have his actions considered by a grand jury, and if 2004] EXPARTE MILLIGAN 681 indicted, the right to a subsequent civil trial by a jury of his peers, not members ofthe United States' military. Mr. Milligan was also a leader in the Sons of Liberty. Keywords: commission; court; indiana; justice; mcdonald; military; milligan; ofthe; president; states; united
• Federal Judges for the Indiana Territory, District of Indiana, and Southern District of Indiana by Review, Indiana Law (2004) - Judges With Division Assignments and Dates of Appointment Magistrate Judges John A. Cody, Jr. (part-time) New Albany Robert W. Geddes (part-time) Indianapolis Thomas J. Faulconer Indianapolis D. Joe Gabbert (part-time) Terre Haute Joseph W. Annakin (part-time) Evansville John Paul Godich Indianapolis David Miller (part-time) Evansville J. Patrick Endsley Indianapolis Jordan D. Lewis (part-time) Terre Haute Kennard P. Foster Indianapolis Brian Williams (part-time) Evansville William G. Hussmann, Jr. Evansville V. Sue Shields Indianapolis Michael Naville (part-time) New Albany Tim A. Baker Indianapolis William Lawrence Indianapolis May 27, 197P May 27, 1971' May 27, 1971 May 27, 1971 May 27, 1971 October 1, 1973 1976 January 2, 1979 May 15, 1979 May 16, 1986 1986 April 4, 1988 January 28, 1994 November 23, 1995 October 1,2001 November 11, 2002 3. Keywords: april; district; indiana; october; time
• Plu Ca Change: Indiana Judges and Salaries by Shepard, Randall T. (2004) - The Public Officers Compensation Advisory Commission is comprised oftwo members appointed by the Speaker ofthe House ofRepresentatives, two members appointed by the president pro tempore ofthe Senate, two members appointed by the Governor, two members appointed by the Chief Justice ofthe Indiana Supreme Court, and one member appointed by the Chief Judge of the Indiana Court of Appeals. When Stephen C. Stevens resigned from the Indiana Supreme Court in March 1836 before his term was complete. Keywords: court; indiana; judges; salaries; state; supreme
• Appellate Procedure by Cressler, Douglas E. (2004) - [Vol. 37:907 ofAppeal with the trial court clerk or the mot ion to the Court of Appeals requesting permission to file an interlocutory appeal.^ Discretionary interlocutory appeals involve trial court orders that are neither final judgments nor orders otherwise appealable as a matter of right pursuant to Appellate Rule 14(A). In order to appeal such orders, the appealing party must obtain the permission of both the trial court and the court of appeals.^ Appellate Rule 1 5(B), as amended, now makes clear that an appellant's case summary shall be filed at the same time as the motion seeking permission ofthe appellate court to bring the discretionary interlocutory appeal.^ In all other types of appeals, the appellant's case summary remains due within thirty days of the filing of the notice of appeal. Keywords: appeal; appellant; case; court; ind; indiana; judgment; notice; order; rule; summary; trial court
• Survey of the Law of Professional Responsibility by Kidd, Charles M. (2004) - The justification for contingent fees can be cast entirely on utilitarian * Staff Attorney, Indiana Supreme Court Disciplinary Commission. If there were a market for buying and selling causes of action, contingent fees would probably not be necessary. Keywords: case; client; contingent; contingent fee; court; fee; fees; indiana; lawyer; respondent
• Recent Developments in Indiana Evidence Law by Papa, Jeff (2005) - [Vol. 38: 1057 F. Police Officer 's Opinion on Potential Penalty In Blanchard v. State, ^^'^ Blanchard argued on appeal that he received ineffective assistance of counsel because his attorney failed to enter into evidence testimony that a police detective told him at the time of his arrest that it would be up to the Prosecutor's Office, but [Blanchard] could be looking at something less than murder.^^^ However, because other evidence supported the conviction, the error was harmless. Keywords: ^^^; app; court; evidence; hearsay; ind; indiana; mat; n.e.2d; ofthe; rule; state; testimony; trial; trial court; witness
• Survey of the Law of Professional Responsibility You Say You Want an Evolution?: An Overview of the Ethics 2000 Amendments to the Indiana Rules of Professional Conduct by Lundberg, Donald R.; Kidd, Charles M. (2005) - The circumstances under which Indiana lawyers may reveal are now expanded to include fraudulent, but non-criminal conduct, and also for the purpose of mitigating or rectifying completed client-caused harm, rather than merely to prevent it, but only so long as the lawyer's services were used by the client in fiirtherance of the crime or fraud.^^ Another new exception found in Rule 1.6(b)(4) to the duty to maintain confidences permits a lawyer to reveal client information to another lawyer in order to secure legal advice about the lawyer's compliance with these Rules. ^^ This is a relatively uncontroversial provision that liberates lawyers from the previous charade of seeking advice in purely hypothetical terms. This broad sweep of the rule raised some interesting, but untested, questions about the constitutionality of its application to Indiana lawyers who act as media commentators on trials of great public interest. Keywords: aba; client; comment; cond; conduct; conflict; consent; court; firm; indiana; indiana law; indiana rule; information; interest; language; lawyer; matter; model rule; ofthe; person; practice; prof; representation; responsibility; rule; supreme
• A Survey of Professionalism and Civility by Baker, Tim A. (2005) - These results suggest that efforts to improve the image of lawyers and the legal profession should be targeted primarily to non-lawyers, but that any such efforts would likely fall short unless lawyers—who often view other lawyers unfavorably—are also targeted. [3] A lawyer should honor promises or commitments to other lawyers and to the court, and should always act pursuant to the maxim, My word is my bond. Keywords: civility; iba; image; indiana; lawyers; profession; professionalism; public; respondents; survey
• The State of State Legislative Ethics: Watching the Watchdogs by Baskin, Roberta (2006) - We have also found a way to quantify state disclosure laws, ranking the thoroughness and quality of information that lobbyists and lawmakers alike must make available to public scrutiny. That year we also began examining the effectiveness of state ethics laws and institutions. Keywords: center; disclosure; ethics; indiana; integrity; laws; public; state
• A Changing Culture: Ethical Government in Northwest Indiana by Charbonneau, Edward E. (2006) - Northwest Indiana Quality ofLife Council, Quality ofLife Indicators Report (2004), http://www.nwiglc.org/indicators/2004QLCIndicatorsReport.pdf. 13. Northwest Indiana Quality of Life Council, supra note 1 . Keywords: council; county; development; ethics; government; indiana; lake; life; local; northwest; northwest indiana; public; quality
• Legislative Ethics in Indiana: A Matter of Perception—and Perception Matters by Feigenbaum, Edward D. (2006) - The other option is to evaluate Indiana legislative ethics in a vacuum, and consider whether we can simply do a better job of ensuring that our legislators are responsive to their constituents and the needs of the state, and not swayed by other considerations—illegal or morally questionable—that can be interposed in the relationship between a legislator and his or her district. Wurster v. State, 7 1 5 N.E.2d 34 1 , 350 (Ind. 1 999) (ruling that so-called retainer bribery was not technically a crime under Indiana law and throwing out the indictment). Keywords: code; committee; conduct; ethics; indiana; lawmakers; laws; legislators; public; state
• A Tribute to Justice Jon D. Krahulik by Sullivan Jr., Frank (2006) - Indiana Law Review Photo courtesy of the Indiana Lawyer Justice Jon D. Krahulik Indiana Law Review Volume 39 2006 Number 4 TRIBUTE A Tribute to Justice Jon D. Krahulik Frank Sullivan, Jr.* Former Indiana Supreme Court Justice Jon D. Krahulik passed away on September 6, 2005. As a member of the Indiana Supreme Court, Justice Jon D. Krahulik made a significant, lasting, and positive mark on Indiana jurisprudence and we are all the better for his service. Keywords: ind; indiana; n.e.2d
• Appellate Procedure by Smith, Kevin S. (2006) - It reasoned that '[t]he matters which are appealable as of right under [Rule 14(A)] involve trial court orders which carry financial and legal consequences akin to those more typically found in final judgments: payment of money, issuance of a debt, delivery of securities, and so on.^^ Trial courts rarely provide such warnings. Keywords: app; appeals; appellant; appellate; appellee; argument; brief; case; counsel; court; ind; indiana; motion; n.e.2d; order; parties; party; review; rule; state; trans; trial court
• Recent Developments in Indiana Evidence Law by Papa, Jeff (2006) - 2006] EVIDENCE 967 1004, which provides that [t]he original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if: (1) Originals Lost or Destroyed. ^^ B. Prohibition on Character and Other Evidence to Prove Conduct In Wilhelmus v. State,^^ Wilhelmus appealed his conviction, in part, on the basis that highly prejudicial evidence with little probative value had been allowed in by the trial court without a limiting instruction.^^ Keywords: ^^^; app; court; evidence; expert; ind; indiana; mat; n.e.2d; rule; state; testimony; trial; trial court; witness
• Survey of the Law of Professional Responsibility: Prosecuting Attorneys and Breaching the Public's Trust by Kidd, Charles M. (2006) - Indiana lawyers are similarly able to engage in the practice of law in those states that have their own MJP rules. As a full time prosecuting attorney, a lawyer promises to devote his full professional efforts to the service of his client, the State of Indiana.^^ In In re Riddle, that lawyer tried to maintain a private practice in addition to his elected office and concealed the fact from the judges and other lawyers in the county by hiring a young lawyer to serve as a part time deputy prosecutor while purportedly taking over the respondent lawyer's private practice.^ ^ Keywords: conduct; court; indiana; lawyer; n.e.2d; practice; professional; respondent; rule
• 2002 Amendment to Indiana Financial Institutions Tax: Has the Unitary Principle Been Abandoned in Favor of Reliance on Economic Nexus? by Lafferty, Lisa (2007) - Ind. Code § 6-5.5-1-18 (2006); see supra text accompanying notes 80-90 for discussion of unitary business principle as a basis for financial institutions tax. This approach has gained popularity among states largely in response to the effort of businesses to restructure their operations to avoid state tax.^ Businesses attempt to avoid state tax by shifting income to a subsidiary or pass-thru entity that has established a physical presence only in a state in which its income is not taxed. Keywords: business; code; court; economic; financial; group; income; indiana; institutions; nexus; physical; presence; state; tax; unitary
• Access to Justice for People Who Do Not Speak English by Shepard, Randall T. (2007) - Court interpreters are officers of the court, and are expected to follow the Standards for Performance and Professional Responsibility for Contract Court Interpreters in the Federal Courts. Franklyn P. Salimbene, Court Interpreters: Standards of Practice and Standards for Training, 6 CORNELL J.L. & PUB. POL'Y 645, 647 n. 14 (1997) (noting state court bias reports from Florida, Georgia, Massachusetts, Minnesota, and Oregon recommended the appointment of language interpreters to protect non-English speakers' rights). Keywords: administrative; certification; court; court interpreter; english; federal; indiana; interpretation; interpreter; language; note; state; supra
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 2006 by Crandley, Mark J.; Stephenson, P. Jason; Jefferson, Paul (2007) - Tax Assessment Bd. of Appeals V. United Ancient Order of Druids Grove, 847 N.E.2d 924 (Ind. 2006); City of Vincennes v. Emmons, 841 N.E.2d 155 (Ind. 2006). 2007] INDIANA SUPREME COURT 673 pp Alpha Psi Chapter of Pi Kappa Alpha v. Auditor of Monroe County, 849 N.E.2d 1131 (Ind. 2006); Cantrell v. Morris, 849 N.E.2d 488 (Ind. 2006); Bonney v. Ind. Fin. ^ Ryker Painting Co. v. Nunamaker, 849 N.E.2d 1116 (Ind. 2006); N. Ind. Pub. Keywords: cases; court; ind; indiana; justice; n.e.2d; number; opinions
• Recent Developments in Indiana Evidence Law by Papa, Jeff (2007) - The court concluded that labels of commercially marketed drugs are properly admitted into evidence under the exception provided by Evidence Rule 803(17) to prove the composition of the drug. The court found that the Indiana Supreme Court had dealt with this issue regarding pharmaceuticals and found Rule 803(17) applicable in that because the tablets were in their original blister packs, it was sufficiently shown that the contents remained as the manufacturer packaged them.^'^ Forler contended that the Indiana Supreme Court had only applied this logic to highly-regulated pharmaceuticals, but the court stated that it saw no indication that our supreme court intended to foreclose any consideration ofother types of product labels as possibly falling under Evidence Rule 803(17).^^^ The court further noted that as both of these products were dangerous, where a product label warns consumers that it contains dangerous ingredients, the general public reasonably relies upon the accuracy of such wamings. Keywords: ^^^; app; court; evidence; ind; indiana; n.e.2d; rule; state; testimony; trial; trial court; witness
• Survey of Recent Developments in Insurance Law by Shoultz, Richard K. (2007) - ^ Robert was driving his personal automobile with Alan as a front seat passenger.^ Allegedly, Robert traveled into the path of another automobile being driven by the decedent plaintiff, who lost control and collided with a semi-tractor trailer.^ As a result of this collision, the decedent's estate brought a lawsuit against Robert, Alan, and others.^ Alan sought insurance coverage for the estate's lawsuit from his personal automobile insurer.^ That insurer provided a defense to Alan under a reservation of rights, and filed a separate declaratory judgment action to determine whether it owed liability insurance coverage to Alan for the estate's lawsuit.^ Matteson v. Citizens Insurance Co. ofAmerica, 844 N.E.2d 1 88 (Ind. Ct. App. 2006) (treating tortfeasor as insured under liability policy so that insurer's payment of proceeds to victim foreclosed victim' s underinsured motorist claim); Walton v. FirstAmerican Title Insurance Co., 844 N.E.2d 143 (Ind. Ct. Keywords: app; co.; court; coverage; ind; indiana; insurance; insurer; liability; n.e.2d; policy
• Survey of the Law of Professional Responsibility by Kidd, Charles M. (2007) - Indiana Law Review Survey of the Law of Professional Responsibility Charles M. Kidd' I. Investigation OF Grievances: Lawyers Failing to Cooperate Since the year 2000, there has been a provision in the procedural rules for attorney disciplinary action that requires lawyers to cooperate with Disciplinary Commission investigations, including a requirement to accept service ofprocessJ Attorney Fees: Medical Malpractice During the survey period, the Indiana Supreme Court revisited the subject of attorney fees in medical malpractice cases. Keywords: attorney; client; commission; court; disciplinary; fee; indiana; lawyer; rule
• Improving Relations Between Congress and the Federal Courts: An Introduction by Baker, Tim A. (2008) - U.S. Supreme Court Justice Samuel A. Alito, Jr. provided the ISBA Conference's keynote address. Gerard N. Magliocca, The Chief Justice on Capitol Hill: Opening a Dialog Between the Branches, Indiana State Bar Association Conference on Relations Between Congress and the Federal Courts (Sept. 14, 2007), in 41 Ind. L. Rev. 305, 307-16 (2008). Keywords: conference; congress; court; district; federal; indiana; judges; judiciary; justice
• When Policies Collide: Citizenship Documentation Requirements and Barriers to Obtaining Photo Identification—The New Medicaid Citizenship Requirement as a Case Illustration by Devlin, Meredith A. (2008) - 179 The Indiana BMV has failed to reasonably accommodate disabled individuals with significant mobility impairments or frail health due to its policy of requiring such individuals to physically visit a BMV facility in order to obtain a state-issued identification card. Thus, state Medicaid programs are not exact replicas of one another. Keywords: act; bmv; citizenship; disabled; identification; indiana; individuals; medicaid; note; program; requirement; security; social; state; supra; title; u.s
• Now or Never: Reforming Indiana's Court System by Baker, John G. (2008) - 68 Based on these findings, the CTC recommended that Indiana trial courts merge into a single court to be administered at the state level by the Indiana Supreme Court. While the ICLGR did not specifically recommend structurally unifying Indiana' s court system, Recommendation #7 proposes shifting trial court funding from local government to the State: 94 By state law, Indiana trial courts have responsibility for criminal, civil and juvenile cases and for providing probation officers and public defenders. Keywords: cases; county; court; court system; funding; indiana; judges; jurisdiction; note; report; state; structural; supra; system; trial; trial court; unification
• Developments in Indiana Appellate Procedure: Appellate Rule Amendments, Remarkable Case Law, and Refining Our Indiana Practice by Babb, Bryan H.; Starks, Stephen A. (2008) - The court of appeals opinion in In re Estate of Carnes 156 reiterated the framework for when an appeal meets the standard for the award of appellate attorney fees: Indiana appellate courts have formally categorized claims for appellate attorney fees into substantive and procedural bad faith claims. 161 The court first noted that appellate courts must use extreme restraint when using their discretionary power to award appellate attorney' s fees because of the potential chilling effect upon the exercise of the right to appeal. Keywords: app; appeal; appellate; brief; court; ind; indiana; motion; n.e.2d; notice; order; review; rule; trial
• Recent Developments in Indiana Taxation by Jegen III, Lawrence A.; Devlin, Meredith A.; Conley, Tom D. (2008) - The Tax Court also issued twenty-three unpublished opinions: twenty of which concerned Indiana real property tax, one of which concerned Indiana personal property tax, and two of which concerned Indiana corporate income tax. 18 The GA also amended I.C. § 6-1. 1-10- 16(d) to extend the period of time when property tax exemptions apply to vacant land which is intended to be developed in order to erect exempt structures. Keywords: appeal; assessment; assessor; btr; code; county; d. at*l; determination; dosr; evidence; exemption; i.c; income; income tax; ind; indiana; issue; obsolescence; pedcor; property tax; rate; review; sales tax; state; tax; tax court; tax ct; tax law; taxpayer; use; value; year
• The Changing Nature of Judicial Leadership by Shepard, Randall T. (2009) - Trial Court Leadership While many ofthe preceding examples have reflected work of appellate court judges, particularly the work of the leaders of courts of last resort, there are also a host of examples of changes that have been made by trial court judges or members of intermediate appellate courts. Contemplate for a moment why it mattered so much that Chief Justice Warren managed to * ChiefJustice ofIndiana. Keywords: art; const; court; indiana; judge; justice; state; viii; warren
• Recent Developments in Indiana Civil Procedure by Burke, Daniel K. (2009) - (finding trial court did not err when imposing joint and several liability upon insurers with respect to attorney's fees and costs), supplemented by reh 'g, 889 N.E.2d 317 (Ind. Ct. The court acknowledged that a medical malpractice action must first be submitted to a medical review board before it can be filed in court. ' Keywords: ^^^; app; defendant; evidence; ind; indiana; mat; motion; n.e.2d; party; plaintiff; rule; trial court
• Survey of Recent Developments in Insurance Law by Shoultz, Richard K. (2009) - State Farm received premiums for $50,000 of liability insurance coverage which it provided to its insured.^^ To permit a forced assignment. In State Farm Mutual Auto Insurance Co. v. Jakupko,^ a father drove an automobile with his wife and two children as passengers.^ Unfortunately, the family was involved in an automobile accident with an underinsured motorist.^ The father was seriously injured in the accident, and the wife and one child suffered emotional distress as a result of being in the car and witnessing the father's injuries.^ The family possessed underinsured motorist insurance coverage with State Farm which had limits of $ 100,000 for claims of each person and $300,000 for each accident.^ Keywords: court; coverage; ind; indiana; insurance; insured; n.e.2d; policy; state
• 2008 Survey of the Law of Professional Responsibility by Kidd, Charles M. (2009) - In 1995, respondent represented a client identified as M.M. in two matters: (1) a criminal case in Evansville for allegedly possessing marijuana and (2) a dispute with Indiana University in Bloomington over a grade M.M. received in a course.^^ PROFESSIONAL RESPONSffilLITY 1 171 established, the respondent did not bill M.M., and respondent never told M.M. what he owed.^^ Keywords: ^^^; case; client; court; disciplinary; g.a; indiana; lawyer; n.e.2d; respondent; rule; supreme
• Recent Developments in Indiana Taxation Survey 2009 by Jegen III, Lawrence A.; Black, Matthew T.; Conley, Tom D. (2009) - ^^^ U-Haul Indiana responded to the Department's argument with a 1979 letter which discussed the agency relationship between the Rental Companies and UHI for almost eight pages.^^^ The Tax Court found, therefore, that the Department's change in interpretation of the listed tax, from its position in the 1986 Letter of Findings, was improper.^^^ The Department also claimed that the Tax Court's decision in First National Leasing and Financial Corp. v. Indiana Department ofState Revenue^^^ in 1992 allowed the Department to change its position articulated in the 1986 Letter of 327. ^^^ a. The 1999proposed assessment.—The Tax Court noted, that for the 1999 tax year, there was a three-year statute of limitations for the Department to issue a proposed assessment beginning, after the latest of the date the return is filed[] 304. Keywords: ^^^; corporation; county; credit; department; dlgf; exemption; income tax; indiana; indiana department; indiana law; mat; n.e.2d; person; property tax; sales tax; school; section; state; subject; tax court; tax law; term
• Survey of Recent Developments in Insurance Law by Shoultz, Richard K. (2010) - Indiana Law Review Survey of Recent Developments in Insurance Law Richard K. Shoultz* During this survey period/ Indiana courts addressed a number ofinteresting factual scenarios and coverage issues involving automobile insurance policies, homeowners insurance policies, and commercial general liability insurance policies. Homeowners Insurance Coverage Case As more homeowners acquire all-terrain vehicles (ATVs) and accidents from their use occur, questions arise regarding whether various types of insurance policies provide coverage. Keywords: court; coverage; ind; indiana; insurance; insured; mat; n.e.2d; notice; policy; son; trial
• Recent Developments in Medical Malpractice by Lammers, Steven P. (2010) - I. Statute of Limitations Statute of Limitations issues often arise in medical malpractice cases. '^^ Conclusion Indiana's courts will continue to grapple with the provisions of the Act and how they apply to medical malpractice cases. Keywords: claim; court; ind; indiana; malpractice; medical; n.e.2d; statute
• 2009 Survey of the Law of Professional Responsibility by Kidd, Charles M. (2010) - Lawyers often talk of privileged or confidential communications between lawyer and client. Issues addressed by the Indiana Supreme Court included lawyer advertising and solicitation and important considerations for lawyers who choose to practice in the form of limited liability entities or who may be considering forming a law practice as a limited liability entity. Keywords: case; client; conduct; court; ind; indiana; lawyer; n.e.2d; prof'l; public; rule
• Tribute to Justice Theodore R. Boehm by Schumm, Joel M.; Jefferson, Paul L. (2011) - Indiana Law Review Tribute to Justice Theodore R. Boehm Joel M. Schumm* Paul L. Jefferson** We had the privilege of serving as law clerks to Justice Boehm and offer this tribute, with analogies to another of his passions/ to his service on the Indiana Supreme Court. This was accomplished by Justice Boehm' s intellect and drive for perfection, resulting in a work product many of his clerks referred to as his patina. Justice Boehm served on the Court when, after the Indiana Constitution was amended to change its jurisdiction,^ the Court was able to address a larger percentage of civil cases. Keywords: boehm; ind; indiana; justice; n.e.2d
• Justice or Mental Health . . . Should Litigants Have to Choose? Mental Health as a Reason to Proceed Anonymousl by Orme, Sarah (2011) - [Vol. 44:605 legislature, for example, passed Indiana Code section 16-39-3-10 regarding the confidentiality of mental health information that reflects this common practice. HIPAA, the Indiana Code, and other laws relating to mental health information suggest that the opposite should be true—an exceptional circumstance should be required to allow an exemption to the confidentiality of medical information. Keywords: court; doe; health; health information; illness; indiana; information; mental; plaintiffs; privacy; public; rule
• Editor-in-Chief's Introduction: Tribute to the Late Mary Harter Mitchell by Mercer-Lawson, Kate (2011) - Their impressive scholarship adds to the legal discourse in ways we are certain Professor Mitchell would have respected: Professor Beiner with a snapshot of the state of women lawyers; Professor Branham with five steps for transforming prison cultures; Professor Carasik with a critique of modem legal education; Professor Robertson with a proposed amendment to the Prison Rape Elimination Act; and Professor Smith with a discussion of recent Supreme Court changes that may impact prisoners' rights. It was during our Call to the Profession ceremony that Professor Mitchell provided a breath of fresh air after days of mounting fear of the Socratic method and three-hour exams. Keywords: indiana; mitchell; professor
• Making a List, but Checking It Twice? Indiana's Foster Roster and the Need for Licensing Reform by Andreone, Courtney (2011) - '^ In 2008, there were ninety-nine cases ofabuse and neglect of foster children substantiated against licensed foster caregivers in 7. Because these limitations include foster children, they dictate the number of foster children that a licensee can be licensed to care for. Keywords: abuse; ann; care; case; child; children; code; dcs; family; foster; hampshire; home; indiana; license; licensing; minnesota; n.h; new; note; supra; training; welfare
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 2010 by Crandley, Mark J.; Stephenson, P. Jason; Kerridge, Jeanine; Peabody, Jeff (2011) - (Boehm, J.); Reiswerg v. Statom, 926 N.E.2d 26 (hid. 2010) Shepard, C.J., Sullivan, J., Rucker, J.: hid. Keywords: cases; court; hid; ind; indiana; justice; n.e.2d; number; opinions; state
• Developments in Indiana Appellate Procedure: Rule Amendments, Remarkable Case Law, and Guidance for Appellate Practitioners by Babb, Bryan H.; Jones, Curtis T. (2011) - ^^^ F. Supreme Court Outlines Briefing Processfor Indiana Appellate Rule 64 Certified Questions Pursuant to Indiana Appellate Rule 64, the Indiana Supreme Court accepted certified questions from the United States Court of Appeals for the Seventh Circuit in George v. National Collegiate Athletic Ass 'n}^^ * Judge May argued that Integrity's briefin response to U.S. Bank's petition for rehearing went outside the confines of Indiana Appellate Rule 46(B)(2). Keywords: appeal; appellate; court; ind; indiana; motion; n.e.2d; order; procedure; rule; supreme; trial; trial court
• Recent Developments in Indiana Civil Procedure by Burke, Daniel K. (2011) - ^^^ On appeal, the court began with a discussion of general comity principles, i.e., that Indiana courts may respect final decisions of sister courts as well as proceedings pending in those courts. The Indiana Supreme Court granted transfer and also affirmed the trial court's judgment, but for different reasons.^* The court first noted that trial courts have broad discretion regarding the admissibility of evidence and that this discretion extends to rulings on motions to strike affidavits on the grounds that 73. Keywords: ^^^; action; case; complaint; court; ind; indiana; judgment; mat; motion; n.e.2d; rule; summary; trial court; trial rule
• 2010 Survey of the Law of Professional Responsibility by Kidd, Charles M. (2011) - The court noted that it had previously found lawyers to have violated this rule where they changed the terms of a fee agreement to be more financially advantageous to the lawyer. ^^ 201 1] PROFESSIONAL RESPONSIBILITY 1421 Rule 7.2: Advertising (a) Subject to the requirements ofthis rule, lawyers and law firms may advertise their professional services and law related services. Keywords: admission; attorney; client; court; fee; firm; indiana; lawyer; practice; professional; respondent; rule; services; state
• Recent Developments in Indiana Taxation Survey 2010 by Jegen III, Lawrence A. (2011) - This amendment was to be applied retroactively to January 1, 2010.^ The GA enacted new legislation in order to clarify, for property tax purposes, that the term ''mobile home community has the same meaning as that set forth bylC 16-41-27-5.' 2- 1 to clarify that in order for a taxpayer to claim the mortgage deduction for property tax purposes, the mortgage, installment loan, or home equity line of credit upon which the deduction is based must be recorded in the county recorder's office.^^ The GA amended IC 6-1 . 1-20-1 .9 to define the term owner of property as a person that owns (1) real property; (2) a mobile home assessed as personal property, used as a principal place of residence, ... or (3) a manufactured home assessed as personal property, used as a principal place of residence.^^ Keywords: appeal; assessor; code; county; court; department; dlgf; estate; evidence; ibtr; income; indiana; indiana code; inheritance tax; mat; probate court; property; property tax; tax; tax court; term; use; value

• CRIMINAL PROCEDURE—Double Jeopardy by Law Review, Indiana (1974) - CRIMINAL PROCEDURE—Double Jeopardy—Retrial on greater charge after guilty plea to lesser included offense vacated held violative of fifth amendment double jeopardy clause. Such is also the requirement in federal courts. Keywords: court; mullreed; plea; rivers; state; trial; ward
• Appellate Review of Circumstantial Evidence in Indiana Criminal Cases by Hammel, Linda A. (1974) - Although this spe- cial standard to be applied in circumstantial evidence cases is a viable doctrine in Indiana today, it has had a difficult history and is sporadically applied. Although the reasonable hypothesis of innocence test still appears infre- quently in Indiana circumstantial evidence cases, ^^ the most com- mon treatment has been to ignore it and apply either the rea- sonable inference test or the substantial evidence test. Keywords: court; evidence; hypothesis; ind; innocence; n.e.2d; state; test; v. state
• Extending the Fundamental Right of Marriage to Same-Sex Couples: The United States Supreme Court Decision in Obergefell v. Hodges by Hermann, Donald H. J. (2016) - In considering a right to marry for same-sex couples,48 Kennedy asserted that “their immutable nature dictates that same-sex marriage is their only real path to this profound commitment,” which is only available to a couple through marriage.49 D. Changing Concepts of Marriage and Attitudes about Homosexuality The Court did not view marriage as an unchanging or fixed institution, rather: “The history of marriage is one of both continuity and change . . . Additional state courts as well as a number of federal district63 courts and courts of appeal found states prohibiting same-sex couples from marrying to be unconstitutional.64 A significant counter or reactive response to efforts to obtain access to marriage by same-sex couples was the passage of the Defense of Marriage Act (DOMA) in 1996, which defined marriage for all federal law purposes as “only a legal union between one man and one woman as husband and wife.” Keywords: chief; court; justice; liberty; majority; marriage; obergefell; opinion; process; protection; right; sex; sex couples; sex marriage; state; u.s
• Reversals for Insufficient Evidence: The Emerging Doctrine of Appellate Acquittal by Thompson, Charles A. (1975) - Whatever the English common law rule may have been, it seems not to have survived the journey across the Atlantic; the courts on this continent regularly reversed criminal convictions and remanded cases for new trial without resort to English common law authority. In those states in which the question had not been expressly decided, it was assumed that the courts were regularly ordering new trials after reversals for insufficient evidence. Keywords: acquittal; appellate; court; defendant; evidence; ind; judgment; n.e.2d; state; trial; trial court; v. state
• Can Congress Play a Role in Remedying Dysfunctional Political Partisanship? by Rosen, Mark D. (2017) - Congress’s power to guarantee representative governments in the states plausibly includes the substitution of federal rules for state rules-of-the-road that threaten the states’ republican forms of government by undermining their legitimacy. C. Constitutional Dimensions of Federal Rules-of-the-Road As explained in Part I, though the Time, Place and M anner Clause recognizes, or impliedly grants, state power to establish the rules-of-the-road for federal elections, Congress has the power to displace these state-made rules-of- the-road with federal rules. Keywords: clause; congress; elections; federal; note; power; republican; road; rosen; rules; state; supra
• Keller, Prosecutorial Discovery and the Privilege Against Self-Incrimination by Abbott, Tony H. (1976) - And, in Keller, state discovery of medical and scientific reports is not conditioned on the defendant's intent to introduce the disclosed evidence at trial. 879 (1962), the California Supreme Court denied state discovery of all medical reports in the accused's possession, although one of the reports may have concluded that Jones was physiologically capable of rape. Keywords: cal; court; defendant; defense; discovery; evidence; keller; prosecution; state; trial
• Public Defense Litigation: An Overview by Lucas, Lauren Sudeall (2018) - The Hurrell-Harring plaintiffs sought declaratory and injunctive relief, claiming violations of the state and federal constitution (based on the Sixth and Fourteenth Amendments).58 Alleged in the case were multiple systemic deficiencies, including, among others: incoherent or excessively restrictive client eligibility standards; no written hiring and performance standards or meaningful systems for attorney supervision and monitoring; lack of adequate attorney training; a lack of resources for support staff, appropriate investigations and expert services; no attorney caseload or workload standards; an absence of consistent representation of each client by one lawyer; a lack of independence from the judiciary, the prosecutorial function, and political authorities; and inadequate resources and compensation for public defense service providers, especially as compared to their prosecutorial counterparts.59 As a result of such deficiencies, the plaintiffs alleged, many public defense providers often failed to: provide representation for indigent defendants at all critical stages of the criminal justice process, especially arraignments where bail determinations are made; meet or consult with clients prior to critical stages in their criminal proceedings; investigate adequately the charges against their clients or obtain investigators who can assist with case preparation and testify at trial; employ and consult with experts when necessary; file necessary pre-trial motions; or provide meaningful representation at trial and at sentencing.60 Thus, public defense counsel lacked the ability to “put the case against their clients to meaningful adversarial testing. The failure of public defense systems to provide adequate representation to indigent defendants is often caused by severe underfunding and has resulted in the chronic appointment of “incompetent or inexperienced” counsel; delays in the appointment of counsel and discontinuity of attorney representation; a lack of training and oversight for counsel representing indigent defendants; excessive public defender caseloads and understaffing of public defender offices; inadequate or nonexistent expert and investigative resources for defense counsel; and a lack of meaningful attorney- client contact.4 Many of these failings are described in more detail in other articles that are a part of this symposium.5 One response to these failings—as is often the case when constitutional violations are afoot—has been to challenge them in court.6 The focus of this short Article is on how the courts can address and have addressed the failings of * Associate Professor, Georgia State University College of Law; Faculty Director, Center for Access to Justice. Keywords: cases; claims; counsel; court; cty; defendants; defense; harring; hurrell; indigent; litigation; plaintiffs; right; state
• Religion in the Burger Court: The Heritage of Mr. Justice Black by Meiklejohn, Donald (1977) - Mr. Justice Douglas, with Mr. Justice Black, agreed that undue surveillance would be required to see that the aid did not go to religious teaching.^^ It is clear that Mr. Justice Black took at face value the Founders' prescriptions regarding establishment of religion and religion's free exercise. Keywords: amendment; burger; court; douglas; education; exercise; justice; justice black; opinion; public; religion; religious; school; sectarian; state; u.s
• Time for Change: Evidentiary Safeguards Needed in Trials for Sexual Offenses by Snively, David F. (1978) - See also Whitty V. State, 34 Wis. 2d 278. 292, 149 N.W.2d 557, 563 (1967), in which the Wisconsin Supreme Court stated that the character rule excluding prior crimes evidence as it relates to the guilt issue rests on four bases: (1) The overstrong tendency to believe the defendant guilty of the charge merely because he is a person likely to do such acts; (2) the tendency to condemn not because he is believed guilty of the present charge but because he has escaped punishment from other offenses; (3) the injustice of attack- ing one who is not prepared to demonstrate the attacking evidence is fabricated, and (4) the confusion of issues which might result from bringing in evidence of other crimes. As support for its own justi- fication of why evidence of prior sexual crimes should be relevant in a subsequent prosecution, the court in Markins cited six other jurisdictions whose holdings were in accord with that of Markins}^ The principal support for Markins was provided by People v. Jen- ness.^* In Jenness, as was true in Markins, the defendant had been convicted of incest. Keywords: crimes; defendant; deviate; evidence; ind; offenses; sex; state
• Introduction: The Ethics of Lawyers in Government by Tarkington, Margaret (2019) - If government lawyers—those who advise government actors about the legality of their actions, those who work for government agencies, those who exercise prosecutorial power, and those who administer the law—fail to act as gatekeepers of the law, the law and its purposes can and will be undermined. Government lawyers are poised to uphold due process and constitutional governance—and thus arguably have a heightened duty to ensure that their client is acting justly and in accordance with law. Keywords: ethics; government; lawyers; power; president; state
• Exhaustion Requirements in Younger-Type Actions: More Mud in Already Clouded Waters by Calhoun, Mildred L. (1980) - The Court held that Steffel could obtain a declaratory judgment in federal court because he was not being prosecuted in state court and because he had shown a genuine threat of enforcement of a disputed state criminal statute . . . The Court's assumption that state courts are at least as capable of deter- mining constitutional issues as federal courts is directly contrary to the express purpose and mandate of Congress in enacting section 1983. Keywords: action; court; federal; huffman; plaintiff; relief; state; state court; u.s
• Evidence— Adoption of the "Silent Witness Theory"—Bergner v. State by Olson, Edward V. (1980) - Compare Photographs tend to have great probative weight and should not be admitted unless the trial court is convinced of their competency and authenticity to a relative cer- tainty,'' id. at 1017 (majority test allowing photographs into evidence) with the 'tendency to accept as true what is mirrored in a photograph' requires very strict rules for admitting a photo as substantive evidence, id. at 1024 (dissent test disallowing photographs into evidence). '''Id. at 1024. , the majority stated that every jurisdic- tion admits X-ray photographs as substantive evidence upon a sufficient showing of authentication. Keywords: bergner; court; evidence; foundation; ind; majority; n.e.2d; photograph; state; theory; witness
• Evidence by Karlson, Henry C. (1980) - Courts consistently ex elude such evidence. In light of other evidence identifying defendant as the person depicted, however, the error was harmless. Keywords: court; cross; defendant; evidence; examination; ind; n.e.2d; rule; state; testimony; witness
• Indianapolis Desegregation: Segregative Intent and the Interdistrict Remedy by Stuart, Susan P. (1981) - Unlike housing and employment cases, school desegregation cases cannot be defined in terms of a single practice or decision.^' The historical background, alleged violations, and school organization, among other factors, dif- fer in school cases making them more difficult to judge than other kinds of equal protection litigation. Thus, lower tribunals are left to their own devices in finding purposeful segrega- tion in school cases. Keywords: board; case; court; f.2d; indianapolis; intent; interdistrict; remedy; school; segregation; state; supp; system; u.s
• Taxation— Legislative Reform by Johnson, Carlyn E. (1973) - An ab- solute freeze of property tax rates or levies cements into the system whatever inequities or errors existed at the time the freeze was imposed. 10A uniform percentage reduction in property tax will inevitably result in greater tax relief to businesses simply because business pays most of the property tax. Keywords: county; income; property; rate; state; tax; taxes
• Section 1983 and Statute-Based Non-Equal Rights Claims by Grisham, Michael J. (1981) - In an attempt to keep pace with this mad rush to the federal courts,^ Congress increased the number of federal judgeships^' from 245 in 1960^^ to 516 in '^In 1961, approximately 58,000 civil cases were filed in federal courts, excluding bankruptcy proceedings. In 1968, 71,449 civil cases were filed in federal courts. Keywords: administrative; claims; court; jurisdiction; remedies; rights; section; state; u.s
• Legislative Strategies for Encouraging Organ Donation: Providing Protection and Incentives to Living Organ Donors by Hills, Annie (2021) - [Vol. 53:189 has not gone unnoticed by members of Congress.8 Both Democratic and Republican Representatives have proposed legislation to try and increase the number of living donors in the United States; however, these efforts have been unsuccessful.9 The first piece of proposed legislation is the Living Donor Protection Act.10 U.S. Representatives Jerrold Nadler and Jaime Herrera Beutler introduced the Living Donor Protection Act (“LDPA”) to protect the rights of living organ donors.11 The LDPA is a response to the growing disparity between the number of patients in need of transplantation and the availability of transplantable organs.12 The LDPA aims to protect living organ donors and promote organ donation in three easy and economical ways.13 First, the LDPA prohibits insurance companies from denying coverage or increasing premiums of life or disability insurance for living organ donors.14 Second, the LDPA clarifies that organ donation surgery qualifies as a serious health condition under the Family Medical Leave Act (“FMLA”).1 5 Third, it requires the Secretary of Health and Human Services (“HHS”) to update education materials on the benefits of organ donation.16 Nadler and Beutler introduced the LDPA to Congress in 2014, 2016, 2017, and 2019.17 With a similar motive as was behind the Living Donor Protection Act, U.S. Representative Matt Cartwright introduced the Organ Donor Clarification Act (“ODCA”).18 Cartwright’s proposed legislation intends to remove existing barriers that organ donors face under current law and to provide incentives to potential donors in hopes of encouraging more Americans to consider donating.19 The buying and selling of organs is illegal under the National Organ Transplant Act of 1984 (“NOTA”), but Cartwright’s legislation seeks to clarify that certain types of payments and/or reimbursements relating to organ donation would not 8. Id. 2020] LEGISLATIVE STRATEGIES FOR ENCOURAGING ORGAN DONATION 191 violate NOTA.20 Additionally, the ODCA would allow government-run pilot programs to test the effectiveness of providing noncash incentives to promote organ donation.21 Cartwright proposed the legislation in 2016 and 2018, but the bill has never passed committee.22 This Note argues that Congress should enact the LDPA and the ODCA to protect living organ donors, encourage more organ donation, and ultimately help end the organ shortage crisis in America. Keywords: act; donation; donor; donor protection; h.r; insurance; kidney; laws; leave; living; note; organ; organ donation; organ donor; protection; protection act; state; supra; supra note; tax
• First Amendment Commercial Speech Claims in Dentistry: How the Dental Profession's Specialty Advertising Restrictions Have Come Back to Bite the ADA and State Dental Boards by Torkeo, Jake (2021) - Despite the vast similarities shared by the two cases, the circuits reached opposing conclusions while applying the same guideposts.118 III. ANALYSIS OF THE FIFTH AND ELEVENTH CIRCUIT SPLIT Separated by just over a decade, two Federal Courts of Appeals reached conflicting decisions regarding challenges to state dental boards’ limitations of dental specialty advertising. THE STRUCTURE OF THE AMERICAN DENTAL ASSOCIATION AND STATE DENTAL BOARDS AND THE ROLE THEY PLAY IN REGULATING DENTAL SPECIALTIES To set the scene for the First Amendment claims examined in this Note, it is first necessary to introduce the main characters in the dental profession and explain the authority that each possesses. Keywords: ada; advertising; american; board; code; court; dental; dentistry; dentists; note; practice; recognition; recognized; specialties; specialty; speech; state; supra
• Constitutional Considerations of State Taxation of Multinational Corporate Income: Before and After Container Corporation of America v. Franchise Tax Board by Stuart, William W. (1983) - The decisions seemed to be decided primarily upon the factual record rather than upon innovations in the legal principles of state corporate income taxation. These standards reflect the Court's generalizations with respect to the practical operation of state corporate income taxes. Keywords: apportionment; business; business income; corporation; court; dividend income; federal; foreign; formula; income; income tax; income taxation; note; parent corporation; source income; state; state court; state tax; state taxation; subsidiaries; supra; supreme court; u.s
• Back Matter by Law Review, Indiana (1984) - Covers Supreme Court proceedings, argu- ments, actions, filings; decisions of fed- eral courts of appeal and district courts, and of principal state courts; Congres- sional and state legislative action; reports and recommendations of commissions, as- sociations, the Bar, and law journals. You get full text of Supreme Court decisions and select lower court opinions. Keywords: courts; questioning; state; text
• Back Matter by Law Review, Indiana (1984) - Covers Supreme Court proceedings, argu- ments, actions, filings; decisions of fed- eral courts of appeal and district courts, and of principal state courts; Congres- sional and state legislative action; reports and recommendations of commissions, as- sociations, the Bar, and law journals. You get full text of Supreme Court decisions and select lower court opinions. Keywords: courts; questioning; state; text
• Professional Responsibility by Frandsen, G. Kent (1985) - The dominant focus of this Article, however, will be the changes in the Indiana Code of Professional Responsibility concerning attorney advertising and soHcitation, pitfalls confronting the fiduciary relationship of attorney and client, circumstances allowing permissive withdrawal from employment, and the standard of proof required in a disciplinary proceeding. Advertising.—The thrust of the change in DiscipHnary Rule 2-101^ is to expand the range of public media that can be utilized by attorneys in advertising their legal services. Keywords: attorney; client; counsel; court; ind; n.e.2d; respondent; state
• The Interest of the Child in the Home Education Question: Wisconsin v. Yoder Re-examined by McVicker, Debra D. (1985) - The concurrence did not agree that the provision in the state constitution could be added to the scales in balancing first amendment rights.^'' Second, the judge found the inference that a court should consider the child's interest was in contradiction to the delicate balance between parental rights and state interests established in Yoder.^^ (In Whisner, the court suggested that the right of the parent to choose the means of educating the child was fundamental and not necessarily tied to a religious assertion.) ^^'See supra notes 8-9. ^ Stocklin-Enright, The Constitutionality of Home Education: The Role of the Parent, the State and the Child, 18 Williamette L. Rev. 563 (1982); Comment, Home Education in America: Parental Rights Reasserted, 49 UMKC L. Rev. 191 (1981). Keywords: child; children; court; education; home; home education; interest; parents; right; school; state; u.s; yoder
• Democracy and Distemper: An Examination of the Sources of Judicial Distress in State Legislative Apportionment Cases by Dovenbarger, Daniel (1985) - Given the population deviation of 89% accepted in Brown, it now appears that judges have little with which to measure the constitutionality of state apportionment plans and state constitutional provisions. Twenty years after the Court decided Reynolds, an examination of state legislative apportionment cases and literature uncovers a confusing array of rules and obligations that have been imposed upon apportioning bodies.'' Keywords: apportionment; brown; cases; clause; constitutional; county; court; dissenting; districts; equality; justice; legislature; plan; population; protection; representation; review; reynolds; state; u.s; voting
• Default on Foreign Sovereign Debt: A Question for the Courts? by Larson, Gary W. (1985) - Generally, under the FSIA, foreign states are immune from the jurisdiction of American courts. Farnsworth, New Unease on Debt Crisis, N.Y. Times, April 15, 1985, at 22, col. 1. 1985] SOVEREIGN DEBT 961 of foreign sovereign debt is in the form of commercial bank lending and therefore has much broader potential impact in the event of wide- spread defaults. Keywords: act; american; banks; costa; court; debt; default; doctrine; f.2d; international; note; sovereign; state; state doctrine; supra; supra note; u.s; united
• Evolving Concepts of Lawyer Advertising: The Supreme Court's Latest Clarification by Whitman, Douglas; Stoltenberg, Clyde D. (1986) - Indiana Law Review Evolving Concepts of Lawyer Advertising: The Supreme Court's Latest Clarification Douglas Whitman* Clyde D. Stoltenberg** I. Introduction A commentator on lawyer advertising recently posed the question whether the doctrine issued by the Supreme Court in Bates v. State Bar of Arizona^ had produced progression or confusion.^ Bates held that a total ban on lawyer advertising is unconstitutional and that the first amend- ment protects truthful newspaper advertising of routine legal services and their prices.' In Zauderery the Court held that a state violates the first amendment by prohibiting lawyer advertising that contains illustrations and advice about specific legal problems.' Keywords: advertisement; advertising; amendment; attorney; bar; bates; case; court; disciplinary; dr 2; fee; information; interest; lawyer; lawyer advertising; ohio; professional; public; r.m.j; rule; services; solicitation; speech; state; state bar; supreme court; u.s; use; zauderer
• The Psychotherapist-Patient Privilege: Are Patients Victims in the Investigation of Medicaid Fraud? by Templeton, Marcia (1986) - 1 3I Therefore, the court per- mitted disclosure of all records generated from the physician's relationships with Medicaid patients. [Vol. 19:831 by patients who sign a standard contractual Medicaid release. Keywords: ann; court; disclosure; f.2d; hawaii; medicaid; patient; privilege; psychotherapist; records; rights; state; supp
• State Hospital Cost Containment: An Analysis of Legislative Initiatives by Schramm, Carl J. (1986) - io« The final observation related to state hospital rate regulation regards the role of the federal government in the development of future state initiatives in this area. Considering the enormous diversity among state legislatures, it is virtually impossible to develop a paradigm that would be useful in forecasting the outcome of a drive to bring about hospital rate regulation. Keywords: care; containment; cost; federal; government; health; health care; hospital; interest; legislation; medicaid; medicare; note; payers; payment; rate; regulation; regulatory; setting; state; supra; system
• Liver Transplantation in Massachusetts: Public Policymaking as Morality Play by Havighurst, Clark C.; King, Nancy M. P. (1986) - When these lukewarm semi-official endorsements of liver transplantation were combined with media attention to the plight of transplant candidates and the relative willingness of other insurers and Medicaid to pay for liver transplants, they seemed to leave MBCBS with no choice. No surgeons or hospitals in Massachusetts performed liver transplants at the time. Keywords: care; cost; coverage; health; health care; liver; liver transplantation; massachusetts; mbcbs; medical; note; ottf; procedure; public; report; resources; services; state; supra; supra note; system; task; transplantation; transplants
• The Lithotripsy Game in North Carolina: A New Technology Under Regulation and Deregulation by Havighurst, Clark C.; McDonough, Robert S. (1986) - ^^ North Carolina providers began jockeying for CON's soon after the announcement of plans for introducing the lithotripter into the United States from Europe, where it was first developed. Under regulation, that system created powerful incentives for North Carolina providers to ov- erexpand ESWL and gave rise to pressures that were impossible for the regulators and the political system to contain or to resist. Keywords: blue; care; carolina; competition; con; cost; cross; eswl; fee; health; hospital; lithotripsy; lithotripter; market; medical; ncbcbs; need; new; north; north carolina; note; patients; physician; plans; price; providers; regulation; services; state; supra
• Bowen v. American Hospital Association: Federal Regulation Is Powerless to Save Baby Doe by Cantrell, Dennis F. (1986) - ^Although the letter purported to remind hospitals of the applicability of section 504 to medical treatment decisions, the letter was actually the first indication given by the government that it intended to enforce section 504 in that manner. As a result, the phrase cannot be applied in the comparatively fluid context of medical treatment decisions without distorting its plain meaning. Keywords: court; department; hospital; infants; medical; parents; rules; section; state; treatment
• The Retroactive Effect of Wilson v. Garcia by Feightner, Robert C. (1987) - Wilson precedent providing a one-year statute of limitations.'^^ The Effect of Wilson v. Garcia Upon Plaintiffs Who Have Filed their Section 1983 Claims After April 17, 1985 Wilson V. Garcia was decided on April 17, 1985.^'^ Keywords: chevron; cir; circuit; claim; court; decision; f.2d; injury; limitations; personal; plaintiff; section; state; statute; wilson; year
• A Time to be Born and a Time to Die: A Pregnant Woman's Right to Die by Mulholland, Kristen A. (1987) - Ann. tit. 63, §§ 3121-23 (West Supp. 1987); Or. Rev. Stat. §§ 82-3801 to 3804 (Supp. 1983); Cal. Keywords: ann; code; court; death; decision; fetus; life; mother; patient; right; state; supp; u.s; woman
• Surrogate Motherhood Legislation: A Sensible Starting Point by Young, D. Michael (1987) - Ann. tit. 10, §§ 551-553 (West 1987); Or. Rev. Stat. Assembly Bill 3771 §§ 7501, 7502(a), Cal. Keywords: adoption; bill; child; contract; couple; court; father; h.b; motherhood; right; state; surrogate
• Intoxication Roadblocks by Wright, R. George (1986) - In roadblock cases, it should be recalled that the state is ultimately seeking to impose a criminal sanction and to engage in procedures which specially burden the privacy and travel rights of numerous innocent drivers. ^'^ For a general 1986] ROADBLOCKS 45 any necessity for continually relitigating the validity of leading studies as roadblock cases continue to arise nationally. Keywords: court; deterrence; drunk; evidence; mclaughlin; n.e.2d; roadblock; state
• Increasing Access to High-Quality Schools in Indianapolis Through the Low-Income Housing Tax Credit Qualified Allocation Plan by Whitley, Katie (2023) - Worse, Judge Dillin’s fear that not incorporating all districts in the metropolitan area would result in a failed remedy was realized—Indianapolis schools with high minority populations are significantly underperforming relative to predominantly white schools and are found in areas with higher concentrations of poverty.47 C. 2019-2020 School District Demographics The past segregation and lack of access to equal opportunity had lasting implications. This part provides a brief overview of both the private and state sanctioned efforts to keep Indianapolis segregated and the enduring consequences of segregation on Indianapolis area schools. Keywords: access; area; black; dep’t; developments; district; expectations; family; federal; housing; income; indianapolis; indianapolis public; ips; lihtc; metropolitan; percent; performing; plan; points; public; public schools; quality; quality schools; schools; state; students
• The Supreme Court Corrects a Seventy-Five-Year Distortion in Establishment Clause Jurisprudence by Garry, Patrick M. (2023) - As one commentator noted, the opposing results in Van Orden and McCreary meant “that simply not provided adequate standards for deciding Establishment Clause cases.” ESTABLISHMENT CLAUSE JURISPRUDENCE 99 the Lemon test led to the automatic finding that any law inspired by the goal of accommodating religious practice amounted to an improper establishment.40 The creation of additional tests in the wake of Lemon did nothing to clarify the chaotic state of Establishment Clause jurisprudence. Keywords: clause; court; endorsement; establishment; establishment clause; exercise; government; jurisprudence; kennedy; lemon; public; religion; school; separation; state; test; u.s; wall
• Developments in Employment Discrimination Law by Brundage Jongleux, Lynn (1987) - In Zabkowicz v. West Bend Co.,^^ the Seventh Circuit decided several interesting issues that may arise in sexual harassment cases in federal court. Issues of pen- dent jurisdiction are difficult enough in sexual harassment cases when the same parties are involved in both federal and state claims. Keywords: claims; court; discrimination; f.2d; harassment; state; title; vii; vinson
• Survey of Recent Developments in the Indiana Law of Evidence by Funk, Norman T. (1989) - For the business records exception to override the exclusionary rule prohibiting the admission of hearsay evidence, Indiana law has long recognized that the witness, through whose testimony the hearsay evidence is offered, must satisfy four foundational requirements: (1) the records must be identified either by their entrant or by one under whose su- pervision they are kept; (2) the records must be shown 'to be either an original, or a first permanent entry or a duplicate thereof, made in the regular or routine course of business; (3) the records must be shown to have been made at or near the time of the recorded event or transaction; and (4) the recording must be shown to have been performed or made by a person who had both a duty to record the event or transaction as well as personal knowledge of the event or transaction represented by the entry or the recording. ^ After restating the axioms that facts and matters set forth in affidavits must be admissible in evidence in order to be properly considered by a court when ruling on Summary Judgment Motions, and that courts must ignore those parts of affidavits which are not admissible evidence, the dourt of appeals in Kline concluded that the statements which were contained in the affidavit were in fact hearsay, that they were offered as proof of the truth of the facts contained therein, and that they were therefore inadmissible. Keywords: app; court; evidence; hearsay; ind; n.e.2d; state; testimony
• The Eleventh Amendment Controversy Continues: The Availability and Scope of Relief Against State Entities Under the Education of the Handicapped Act by Pearson Purvis, Cynthia (1989) - The Supreme Court in a five to four decision, reversed the Ninth Circuit.^^ The Supreme Court first addressed the issue of whether California had waived its eleventh amendment immunity to suit in federal court.^^ The Court here reaffirmed its position that a State's general waiver of sovereign immunity in its constitution subjects it to suit in state court, but is not enough to waive the immunity guaranteed by the eleventh amendment.^^ It quoted at length from the earlier Supreme Court decision in Ex parte Virginia,^ a case in which a state judge had been indicted under a federal statute prohibiting the exclusion, on the basis of race, of a citizen from service as a juror in state court. Keywords: act; amendment; atascadero; congress; court; education; eha; eleventh; f.2d; federal; handicapped; immunity; state; u.s
• Incomplete Streets by Lewyn, Michael (2024) - In addition, the number of pedestrians and cyclists killed by automobiles has increased over the past decade, even in some places with complete streets policies. 22 This Article examines the language of complete streets policies to show that such policies are sometimes unnecessarily unclear and discusses how these policies could be made more specific and thus more effective. Keywords: bike; city; complete; design; example; framework; indianapolis; lanes; miles; new; note; number; pedestrian; percent; policies; policy; projects; road; safety; sidewalks; state; streets; streets policies; supra; supra note; traffic; transportation; walking
• Survey of Recent Developments in Indiana Taxation Law by Jegen III, Lawrence A.; Maley, John R. (1990) - In the second part of the unclean hands analysis in Keller, the Indiana Tax Court decided the narrow issue of whether a taxpayer's failure to file timely tax returns precludes a grant of equitable relief. In ruling for the petitioner, the Indiana Tax Court first held that the issues were substantial. Keywords: code; department; indiana tax; keller; n.e.2d; relief; revenue; state; tax court; tax ct; taxpayer; v. indiana
• Who's Been Sleeping in My Bed? You and Me, and the State Makes Three by Coleman, Phyllis (1991) - This Essay advocates the abolition of adultery laws as well, even though public policy could support different treatment of the two crimes. Moreover, if the goal of adultery laws is deterrence, civil causes of action that have been abolished in most jurisdictions,*^ in contrast to the criminal laws, are more likely to achieve the desired result.*^ Keywords: adultery; affairs; court; criminal; interest; laws; marriage; privacy; relationship; right; state; u.s
• Developments in Indiana Tax Law: Further Refinements of the Indiana Tax Court's Jurisdiction, and the Attack on Indiana's Property Tax System by Jegen III, Lawrence A.; Maley, John R. (1991) - The Indiana Tax Court's Jurisdiction After five years of existence, the basic jurisdictional confines of the Indiana Tax Court now appear to be in place, but a few important questions still linger. To reiterate, the actual holding of GasAmerica was that when the tax has been paid, the refund procedures must be attempted before going to Indiana Tax Court. Keywords: appeal; board; claim; code; indiana tax; jurisdiction; property; property tax; refund; state; tax appeal; tax court
• Corporate Ownership Restrictions and the United States Constitution by Troshynski, Martin J. (1991) - Equal protection cases are reviewed under three tiers of scrutiny, depending upon the nature of the subject class.^ At the highest level of scrutiny is the suspect class. '^ Therefore, a corporation must look beyond the due process clause to make a successful attack on corporate ownership restrictions. Keywords: clause; commerce; court; nebraska; ownership; protection; state; u.s
• Twenty-five Year Author Index by Mathews, Earl D. (1992) - [Vol. 25:1485 Jacobs, Andrew, Jr., Some Observations Regarding Crime Control 11:403 Jegen, Lawrence A., Ill, A General Practitioner' Guide to the Tax Reform Act of 1969 4:1 Survey of Recent Developments in Indiana Taxation Law 23:531 Taxation: Developments in Indiana Tax Law: Further Refinements of the Indiana Tax Court's Jurisdiction, and the Attack on Indiana's Property Tax System 24:1125 1991 Developments In Indiana Taxation 25:1405 Joest, David, The Impeachment Exception: Decline of the Exclusionary Rule? [Vol. 25:1485 Maine, Christopher M., The Standard of Proof in Civil RICO Actions for Treble Damages: Why the Clear and Convincing Standard Should Apply 22:881 Maley, John R., Developments in Federal Civil Practice Affecting Indiana Practitioners: Survey of Supreme Court, Seventh Circuit, and Indiana District Court Opinions 22: 1 03 1989 Developments in Federal Civil Practice Affecting Indiana Practitioners: Issues of Diversity Reform; Pendent Party Jurisdiction: Summary Judgment; Impeachment by Prior Conviction; Sanctions; and Appeal 23:261 1990 Federal Practice and Procedure Updatefor the Seventh- Circuit Practitioner 24:631 Survey of Recent Developments in Indiana Taxation Law 23:531 Taxation: Developments in Indiana Tax Law: Further Refinements of the Indiana Tax Court's Jurisdiction and the Attack on Indiana 's Property Tax System 24: 1 1 25 Wrongful Adoption: Monetary Damages as a Superior Remedy to Annulment for Adoptive Parents Victimized By Adoption Fraud 20:709 1991 Developments In Indiana Taxation 25:1405 Keywords: 25:1485; act; analysis; care; code; commercial; comparative; criminal; david; developments; evidence; family law; health; index; indiana law; indiana taxation; insurance; james; john; labor law; law review; liability; new; procedure; products; property; reform; rule; state; survey; symposium; tort law; urban law; vol; william
• Misuse of Public Pension Assets: White Collar Crimes and Other Offenses by Scott, Ridgeley A. (1993) - MISUSING PENSION ASSETS 611 Three considerations suggest that the lower interest rate constituted improper management of Social Security funds. This duty is often disregarded by trustees who allow governments that are unable to borrow from other lenders for a rea- sonable rate of interest to borrow from government pension plans. Keywords: 2d sess; advisory; assets; cong; congress; council; doc; fund; government; h.r; interest; pension; plans; public; rate; report; revenue; security; sess; social; state; trustees
• EPCRA'S Collision With Federalism by Johnson, Nicholas J. (1994) - EPCRA forces states to create state agencies and then usurps their enforcement authority. Briefly stated, EPCRA orders state creation of an Emergency Response Commission and Emergency Planning Committees. Keywords: act; commission; committees; congress; court; emergency; epa; epcra; federal; federalism; national; new; new york; power; regulation; section; state; statute; u.s; york
• The Worsening Problem of Trial Publicity: Is "New" Model Rule 3.6 Solution or Surrender by Brown, Christopher A. (1995) - At the time of the Gentile decision, thirty-two states had adopted trial publicity rules substantially similar to the substantial likelihood of material prejudice standard of the Model Rules of Professional Conduct, originally promulgated by the ABA in 1983. State Interpretations of Rule 3.6 Norms The Gentile decision was not intended to affect trial publicity rules outside of Nevada. Keywords: case; court; gentile; justice; likelihood; note; prejudice; publicity; rule; standard; state; statements; supra; trial; u.s
• 1995 Survey of Indiana Evidence Law by Harney Jr., Edward F.; Markavitch, Jennifer (1996) - As discussed above, hearsay is an out of court statement offered to prove the truth of the matter asserted in the statement. In Whited, the defendant attempted to offer out of court statements made by the victim. Keywords: app; court; defendant; evidence; ind; ire; n.e.2d; r. evid; state; witness
• The Response to Payne v. Tennessee: Giving the Victim's Family a Voice in the Capital Sentencing Process by Johnson, Brian J. (1997) - Indiana Law Review The Response to Payne v. Tennessee: Giving the Victim's Family a Voice IN THE Capital Sentencing Process Brian J. Johnson Introduction In Payne v. Tennessee,^ the Supreme Court reversed its position in Booth v. Maryland,^ by holding that the Eighth Amendment does not erect a per se bar to the introduction of victim impact evidence in a capital sentencing proceeding.^ This controversial decision has been the subject of volumes of commentary/ * J.D. Candidate, 1997, Indiana University School of Law—Indianapolis; B.A. 1990, Indiana University—Bloomington. The Supreme Flip-Flop ON THE Use OF Victim Impact During Capital Sentencing The Supreme Court first addressed the use of victim impact statements in Booth V. Maryland.^ In Booth, the Court held by a 5-4 majority that the Eighth Amendment barred consideration of victim impact evidence during a capital sentencing proceeding.^ Keywords: ann; capital; court; crime; death; defendant; family; impact evidence; murder; payne; rights; sentencing; state; statute; testimony; u.s; victim impact
• Mail Order Retailers and Commerce Clause Nexus: A Bright Line Rule or an Opaque Standard? by Troyer, Matthew T. (1997) - Finally, this Note concludes that state courts should not adopt New York's standard but, instead, interpret the plain language of the Quill opinion. Instead of relying on certain rationales discussed in Quill to frame new rules on the fringe of the standard, state courts should consider whether, given the facts before them, the retailer's activities could reasonably be described as constituting a physical presence in the taxing state. Keywords: bellas; clause; commerce; court; hess; mail; nexus; physical; presence; quill; state; supreme; supreme court; tax; u.s; use
• Analyzing Minimum Contacts Through the Internet: Should the World Wide Web Mean World Wide Jurisdiction? by Allen, Michael E. (1998) - The additional conduct required by Justice O'Connor's stream of commerce theory is necessary to realize the predictability contemplated by International Shoe and its progeny. '^^ C. Internet Torts and the Effects Test Application of the effects test in Internet cases is particularly problematic. Several recent cases demonstrate why courts should narrowly apply the effects test in Internet cases, especially those not involving defamation. Keywords: california; cases; commerce; compuserve; contacts; court; defendant; forum; forum state; inc; internet; jurisdiction; process; state; stream; test; u.s; web
• Introductory Remarks: Enumerated and Reserved Powers: The "Perpetually Arising Question" by Torke, James W. (1998) - For lawyers, the story ofthe ebb and flow of national power is a familiar one. In effect, Frankfurter's lectures amounted to an adversarial brief, which takes on a special cogency because of its scholarly guise, in behalf of that view of national power which the Roosevelt administration had until then been unsuccessfully urging on the courts. Keywords: amendment; congress; federalism; national; new; powers; state; u.s
• Listening to the "Sounds of Sovereignty" But Missing the Beat: Does the New Federalism Really Matter? by Krotoszynski Jr., Ronald J. (1998) - 5 Not unlike the serpent in the Garden ofEden, 6 Congress routinely tempts state governments with a variety of forbidden fruits. [Vol. 32:1 1 and Eve, state governments take the bait, the consequences be damned. Keywords: congress; court; federalism; new; note; professor; spending; state; supra; supra note; supreme; u.s; yoo
• A New Understanding of Specific Act Evidence in Homicide Cases Where the Accused Claims Self-Defense: Striking the Proper Balance Between Competing Policy Goals by Kleiss, Mary K. (1999) - * B. Specific Act Evidence and the Initial Aggressor Theory Under the Federal Rules Under the Federal Rules ofEvidence, the accused is not allowed to prove the decedent was the initial aggressor by introducing character evidence in the form of specific act evidence to show that the decedent acted in conformity with his violent character trait during the incident. In such situations, without the benefit of specific character evidence, the accused can only tell her side of the story and hope that the jury believes her. Keywords: act evidence; acts; aggressor; cases; character evidence; decedent; defense; evidence; note; rules; specific; state; supra; victim
• The Link Between Student Activity Fees and Campaign Finance Regulations by Gielow Jacobs, Leslie (2000) - Universities frankly acknowledge that their purpose in compelling fees to support organizations that may engage in political or ideological activities is to create a public forum for speech and debate to supplement that which would exist were student speech to depend solely on private funding.^^ C.R.-C.L. L. Rev. 1,33(1 998) (arguing that the Supreme Court's decision '\n Austin v. Michigan State Chamber ofCommerce, 494 U.S. 652 (1990), implicitly accepts the view that campaign speech is part of a legally structured, institutional realm in which speech can be regulated—in this case, a sphere that can be opened to the views of people but (partially) closed to those of corporations—in order to improve the democratic character of elections). Keywords: action; activity; amendment; buckley; campaign; clause; court; expression; fees; finance; forum; free; funding; government; ideas; individual; interest; market; money; ofthe; public; purpose; southworth; speech; state; student; u.s; university
• lOLTA Lost the Battle but Has Not Lost the War by Heuer Lantzer, Erin E. (2000) - '^ There are three types of lOLTA programs: mandatory, opt-out, and voluntary. First, traditional tax rules stood in the way ofdeveloping lOLTA programs because clients would be taxed on the interest income whether or not they actually received such income.^* Keywords: amendment; bar; client; court; funds; interest; justice; legal; lolta; lolta program; ofthe; plaintiffs; property; property interest; rule; state; taking; u.s
• Strengthening Motivational Analysis Under the Establishment Clause: Proposing a Burden-Shifting Standard by Jefferson, Paul (2002) - See, e.g., Freiler v. Tangipahoa Parish Bd. of Educ, 185 F.3d 337, 344 (5th Cir. 1999) (holding any secular purpose is sufficient, even if it is in a sea of religious purposes). 1 70. 2 Motivational 3 analysis under the Establishment Clause is necessary to preserve the values it was adopted to protect, 4 but the current state of purpose analysis provides no clear standard and allows the courts to invoke motivational analysis in an inconsistent manner. Keywords: action; analysis; burden; clause; court; establishment; establishment clause; note; purpose; religion; shifting; standard; state; state action; u.s
• Myth, Reality Past and Present, and Judicial Elections by Schotland, Roy A. (2002) - 2 Why do we have judicial elections? Before we soar into debate, let us lay a foundation with elements of fact: first, the historical facts about why we havejudicial elections; second, how well or poorly those facts—that is, the very purpose of having judicial elections—have been taken into account by the courts that have stricken efforts to treat judicial elections differently. I. Keywords: campaign; candidates; court; elections; judges; judiciary; public; state
• Constitutional Issues in Disclosure of Interest Group Activities by Goldberg, Deborah; Kozlowski, Mark (2002) - For the purposes of regulating interest group advertising, judicial elections may be distinguished from ordinary elections on two grounds.58 First, as Justice Potter Stewart recognized: There could hardly be a higher governmental interest than a State's interest in the quality of its judiciary. 59 Indeed, the Supreme Court has held that litigants are constitutionally entitled to proceed before a neutral and detached judge. The press might be able to ferret out some information about the financial backers of interest groups ads, as it did in the 2000 elections, but information that can be obtained in this way will almost certainly be incomplete and may not become available until after the election is over. Keywords: advocacy; campaign; candidates; chamber; court; disclosure; elections; groups; interest; reporting; requirements; state
• The Development of the Undue Burden Standard in Stenberg v. Carhart: Will Proposed RU-486 Legislation Survive? by Guenther, Hilary (2002) - The Court stated that after this point, a state could regulate abortion procedures to the extent reasonably necessary to protect maternal health. All those who perform abortion procedures using that method must fear prosecution, conviction, and imprisonment. Keywords: abortion; burden; carhart; casey; court; pregnancy; right; standard; state; statute; u.s; woman
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 2001 by Betz, Kevin W.; Stephenson, P. Jason (2002) - Allstate Ins. Co. v. Dana Corp., 759 N.E.2d 1049 (Ind. 2001); Ind. Dep't of Envtl. See Ind. Appellate Rule 56 and also pursuant to Rules of Procedure for Original Actions. Keywords: court; ind; justice; n.e.2d; number; opinions; order; shepard; state
• Inequitable Equilibrium: School Finance in the United States by Metzler, Jeffrey (2003) - Different Approaches to Allocating State Aid In order to meet various goals, including those of equal educational opportunity and horizontal equity, states have developed a number of different approaches to allocating state education aid. Different Approaches to Allocating State Aid 569 A. Flat Grants 569 B. Foundation Programs 569 C. Percentage Equalizing Programs 570 D. Guaranteed Tax Base 571 E. Guaranteed Tax Yield 572 F. Full State Funding 572 III. Keywords: approach; apv; base; court; district; education; equilibrium; equity; finance; foundation; freedom; funding; limit; local; percentage; programs; pupil; school; spending; state; state aid; tax; tax base; value; wealth
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 2002 by Betz, Kevin W.; Stephenson, P. Jason (2003) - Shepard, C.J., Dickson, J., Rucker, J.: In re Wilkins, 777 N.E.2d 714 (Ind. 2002) (per curiam); Saylor v. State, 765 N.E.2d 535 (Ind. 2002) (Rucker, J); Vestal v. State, 773 N.E.2d 805 (Ind. 2002) Jordan v. Deery, 778 N.E.2d 1264 (Ind. 2002); Warner v. State, 773 N.E.2d 239 (Ind. 2002); White v. State, 772 N.E.2d 408 (Ind. 2002); Garner v. State, 777 N.E.2d 721 (Ind. 2002); Bush v. State, 775 N.E.2d 309 (Ind. 2002); Robinson v. State, 775 N.E.2d 316 (Ind. 2002); Corcoran v. State, 774 N.E.2d 495 (Ind. 2002); Vestal v. State, 773 N.E.2d 805 (Ind. 2002); Guyton v. State, 771 N.E.2d 1 141 (Ind. 2002); Williams v. State, 771 N.E.2d 70 (Ind. 2002); McAbee v. State, 770N.E.2d 802 (Ind. 2002); Healthscript, Inc. v. State, 770N.E.2d 810 (Ind. 2002); Moore v. State, 771 N.E.2d 46 (Ind. 2002); Davis v. State, 770N.E.2d 319 (Ind. 2002); Gross v. State, 769N.E.2d 1 136 (Ind. 2002); Henderson v. State, 769N.E.2d 172 (Ind. 2002); Buchanan v. State, 767 N.E.2d 967 (Ind. 2002); Tyson v. State, 766 N.E.2d 715 (Ind. 2002); Bald v. State, 766 N.E.2d 1 170 (Ind. 2002); Lake County Clerk's Office v. Smith, 766 N.E.2d 707 (Ind. 2002); Corbett v. State, 764 N.E.2d 622 (Ind. 2002); State v. Gerschoffer, 763 N.E.2d 960 (Ind. 2002); Linke v. Northwestern Sch. Keywords: appeals; court; ind; justices; n.e.2d; number; opinions; shepard; state
• Legacy of a Scandal: How John Geoghan's Death May Serve as an Impetus to Bring Abatement Ab Initio in Line with the Victims' Rights Movement by Staggs, Tim E. (2005) - ST. L. J. 531, 533-34 (2002) ([T]hey were 'pushed aside, forgotten, ignored, [and] diminished by a [criminal justice] system too skewed in favor of the accused.') (alterations in original) (quoting Editorial, Itlsn 't All Bad, PHOENIX Gazette, Nov. 13, 1990, at A12, available at 1990 WL 3736023); Koskela, supra note 15, at 158 (There is little question that crime victims have deserved better than they have received from our system; even critics of the victim's [sic] rights movement acknowledge that victims often have been disregarded or treated as depersonalized 'evidence' by police, prosecutors, and judges.); Jay M. Zitter, Annotation, Validity, Construction, and Application ofState Constitutional or Statutory Victims' Bill of Rights, 91 A.L.R. 5th 343 § 2(a) (2001) ([T]here is a widespread perception that the 2005] LEGACY OF A SCANDAL 521 defendant-centered approach is logical because the courts deal most directly with defendants, it has still become generally acknowledged that the system should not ignore crime victims. ^^ [Vol. 38:507 union provides some form of statutory guarantee of rights to crime victims, as does the federal government (though the quantity and quality of these rights varies by jurisdiction).^^ To understand the impact of abatement ab initio on victims of crime, it is helpful to become familiar with the policy underpinnings of the Victims' Rights Movement and the status of those policies in our legal system. Keywords: abatement; appeal; appellate; case; conviction; court; criminal; defendant; doctrine; geoghan; note; review; rights; state; supra; system; victims
• The Dormant Commerce Clause: Economic Development in the Wake of Cuno by Wyman, Mary F. (2005) - Some scholars argue that the use of state tax incentives creates a prisoners' dilemma 17 or race to the bottom 18 resulting in an adverse fiscal impact. 127 Second, because state tax incentives are integral components of the state's taxing apparatus, they are intimately associated with the coercive machinery of the state. Keywords: clause; commerce; commerce clause; court; cuno; economic; inc; incentives; investment; investment tax; new; ohio; property; state; state tax; tax; tax credit; u.s
• Having Low Income Housing Tax Credit Qualified Allocation Plans Take into Account the Quality of Schools at Proposed Family Housing Sites: A Partial Answer to the Residential Segregation Dilemma? by Ramesh Shah, Seema (2006) - State housing agencies that administer the Low Income Housing Tax Credit (LIHTC) program, the largest federal subsidy program for constructing and rehabilitating affordable housing, are currently under attack for promoting such segregation. There exists a strong argument that a specific Department of Treasury regulation imposes upon state housing agencies the duty affirmatively to further fair housing. Keywords: agencies; agency; court; credits; housing; income; income housing; integration; note; qap; qaps; qualified; schools; state; state housing; supra; tax; title
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 2005 by Crandley, Mark J.; Stephenson, P. Jason; Jefferson, Paul (2006) - v. Brewer, 839 N.E.2d 699 (Ind. 2005); Ind. Ass'n of Beverage Retailers v. Ind. Alcohol & Tobacco Comm'n, 836 N.E.2d 255 (Ind. 2005); Roger v. Celebration Fireworks, Inc., 829 N.E.2d 979 (Ind. 2005); Advantage Home Health Care, Inc. v. Ind. State Dep't of Health., 829 N.E.2d 499 (Ind. 2005); Louisville & Ind. R.R. Co. v. Ind. Gas Co., 829 N.E.2d 7 (Ind. 2005); Dial X- Automated Equip, v. Caskey, 826 N.E.2d 642 (Ind. 2005). °° CUnic for Women v. Brizzi, 837 N.E.2d 973 (Ind. 2005); King v. S.B., 837 N.E.2d 965 (Ind. 2005); SMDFund, Inc. v. Fort Wayne-Allen County Airport Auth., 831 N.E.2d 725 (Ind. 2005); Cotto v. State, 829 N.E.2d 520 (Ind. 2005); Blanck v. Ind. Dep't of Corr., 829 N.E.2d 505 (Ind. 2005); Williams v. State, 827 N.E.2d 1127 (Ind. 2005); Johnson v. State, 827 N.E.2d 547 (Ind. 2005); Corcoran v. State, 827 N.E.2d 542 (Ind. 2005); Estes v. State, 827 N.E.2d 27 (Ind. 2005); State v. Barker, 826 N.E.2d 648 (Ind. 2005); Neale v. State, 826 N.E.2d 635 (Ind. 2005); Smith v. State, 825 N.E.2d 783 (Ind. 2005); Litchfield v. State, 824 N.E.2d 356 (Ind. 2005); Graves v. State, 823 N.E.2d 1 193 (Ind. 2005); Houser v. State, 823 N.E.2d 693 (Ind. 2005); Debro v. State, 821 N.E.2d 367 (Ind. 2005); State ex rel Att'y Gen. v. Lake Superior Court, 820 N.E.2d 1240 (Ind. 2005). Comm'n of Marion County v. Pinnacle Media, 836 N.E.2d 422 (Ind. 2005); Burd Mgmt. v. State, 831 N.E.2d 104 (Ind. 2005); PSI Energy, Inc. V. Roberts, 829 N.E.2d 943 (Ind. 2005); Tippecanoe Assoc, n v. Kimco Lafayette 671, Inc., 829 N.E.2d 512 (Ind. 2005); Fraley v. Minger, 829 N.E.2d 476 (Ind. 2005); Bank of New York v. Nally, 820 N.E.2d 644 (Ind. 2005); Borsuk v. Town of St. John, 820 N.E.2d 118 (Ind. 2005). Keywords: cases; court; ind; justice; n.e.2d; number; opinions; state
• Recent Developments in Indiana Evidence Law by Papa, Jeff (2008) - This Article explains developments in Indiana evidence law during the period between October 1, 2006, and September 30, 2007. 73 In order to determine whether such evidence was admissible under Rule 404(b), the court considered whether the evidence of other crimes, wrongs, or bad acts was relevant to an issue other than Matthews' s propensity to commit the charged act. Keywords: app; court; evidence; ind; n.e.2d; rule; state; trial; witness
• Courting Trouble: Litigation, High-Stakes Testing, and Education Policy by Heise, Michael (2009) - ^^ With the looming prospect of denying high school diplomas to thousands of California high school students, a class action lawsuit was filed in state court to enjoin the State from withholding diplomas from those students who had not passed the exit exam.^^ In Valenzuela v. O'Connell,^^ the trial court judge enjoined CAHSEE' s implementation for another year because the harm to the State in delaying implementation was outweighed by the harm arising from denying otherwise qualified students their high school diplomas.^^ Litigation seeking to disrupt high school exit exams implicates important education policy interests. Keywords: consequences; court; education; exam; exit; high; litigation; policy; school; stakes; standards; state; students; testing; tests
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 2008 by Crandley, Mark J.; Stephenson, P. Jason (2009) - Second, the court' s lack of voting blocks means the more sensitive issues that come before the court are addressed with intellectual rigor but do not devolve into the sniping that can often occur in courts of last resort. [Vol. 42:773 TABLE A Opinions OPINIONS OF COURT CONCURRENCES'^ DISSENTS Criminal Civil Total Criminal Civil Total Criminal Civil Total Shepard, C.J. 7 12 19 1 1 1 4 5 Dickson, J. 10 5 15 4 9 13 Sullivan, J. 12 10 22 1 1 6 5 11 Boehm, J. 7 14 21 1 1 2 4 3 7 Rucker, J. 7 3 10 1 1 8 2 10 Per Curiam 1 8 9 Total 44 52 96 2 3 5 23 23 46 ^ Keywords: cases; court; hid; ind; justices; n.e.2d; number; opinions; state
• The Mess We're in: Five Steps Towards the Transformation of Prison Cultures by Branham, Lynn S. (2011) - This planning process should commence, at the latest, upon the prisoner's incarceration and would encompass his or her involvement in prison programs and other constructive activities. In 2006, 65% of the prisoners in state prisons and 55% of federal prisoners met the medical criteria delineated in the Diagnostic and Statistical Manualfor Mental Disorders (DSM) for having a substance use disorder. Keywords: cap; correctional; crime; cultures; entity; example; imprisonment; incarceration; justice; monitoring; need; note; offender; ofthe; prison; prisoners; programs; public; rate; reentry; restorative; state; steps; supra; transformation; victim

• Survey of Recent Developments in Insurance Law by Shoultz, Richard K. (2012) - Quiring v. GEICO General Insurance Co., 953 N.E.2d 119 (Ind. Ct. App. 2011) (deciding that injured driver was not a resident in mother’s home to be entitled to underinsured motorist coverage under mother’s automobile policy); Auto-Owners Insurance Co. v. Hughes, 943 N.E.2d 432 (Ind. Ct. App.) (requiring insurance company to supply insured with copy of insurance policy if asked), trans. denied, 962 N.E.2d 647 (Ind. 2011). The insurer filed for summary judgment, contending the suit was prohibited by a one-year policy limitation on suits against the insurer.127 The district court granted the insurer’s motion, and determined that Indiana has long enforced insurance policy limitation of action clauses.128 Keywords: claim; court; coverage; ind; insurance; insured; judgment; n.e.2d; policy
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting In 2012 by Crandley, Mark J.; Stephenson, P. Jason; Peabody, Jeff (2013) - Schs. Corp. v. Rosales, 963 N.E.2d 520 (Ind. 2012); Person v. Shipley, 962 N.E.2d 1192 (Ind. 2012); Bennett v. Richmond, 960 N.E.2d 782 (Ind. 2012); Ind. Dep’t of Ins. v. Everhart, 960 N.E.2d 129 (Ind. 2012); Whitaker v. Becker, 960 N.E.2d 111 (Ind. 2012); Haag v. Castro, 959 N.E.2d 819 (Ind. 2012). ff Ind. Dep’t of Revenue v. Miller Brewing Co., 975 N.E.2d 800 (Ind. 2012); Ind. Dep’t of Revenue v. United Parcel Serv., Inc., 969 N.E.2d 596 (Ind. 2012); Marion Cnty. Keywords: cases; court; criminal; dickson; ind; justice; n.e.2d; opinions
• Survey of Recent Developments in Insurance Law by Shoultz, Richard K. (2013) - As a result, the court found that questions of fact existed on the son’s residency that prevented summary judgment from being granted to either party.85 This case provides an excellent example of the fact-sensitive nature of insurance coverage cases. However, the court focused upon the purpose of the “temporary substitute” vehicle clause, and concluded that more than allowing a car to be used as a “favor” was needed to meet the definition.33 C. Court Concluded that Liability Coverage Was Not Excluded for Insured’s Use of Prohibited Drugs In Keckler v. Meridian Security Insurance Co.,34 the court of appeals was asked to address whether insurance coverage was excluded for a driver’s use of marijuana before an accident.35 A young insured was traveling with three passengers inside his car.36 The insured attempted to pass to the left of a stopped vehicle ahead of him which was yielding to oncoming traffic before making a left turn.37 The insured crossed the center line and collided head-on with an oncoming truck, resulting in the death of two passengers and serious injuries to the third passenger in the insured’s car and the truck driver.38 The police investigated the crash and found a bag of marijuana in the insured’s vehicle.39 Keywords: company; court; coverage; ind; insurance; insured; n.e.2d; policy
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 2013 by Crandley, Mark J; Peabody, Jeff (2015) - [Vol. 47:929 TABLE E-2 DISPOSITION OF PETITIONS TO TRANSFER TO SUPREME COURT IN 2013q Denied or Dismissed Granted Total Petitions to Transfer Civilr 206 (84.8%) 37 (15.2%) 243 Criminals 479 (93.6%) 33 (6.4%) 512 Juvenile 52 (83.9%) 10 (16.1%) 62 Total 737 (90.2%) 80 (9.8%) 817 q This Table analyzes the disposition of petitions to transfer by the court. The court continues to show unity in its decision-making and the ability to avoid the fractious process of dissent that divides other courts of last resort. Keywords: cases; court; criminal; ind; justice; n.e.2d; opinions
• Survey of Recent Developments in Insurance Law by Shoultz, Richard K (2015) - However, the court ruled as a matter of law that it could not determine whether the insurance company acted in bad faith, so it remanded the case back to the trial court for that determination.65 This case determined that the purpose behind finding a breach of duty of good faith is to make sure that insurance companies negotiate in good faith, which outweighed the fact that the estate had no collectible assets that were subject to execution by the plaintiff for the excess verdict.66 55. [Vol. 47:1111 C. Court of Appeals Refuses to Allow Insurer to Intervene in Lawsuit Against Insured After Insurer Offered to Defend Insured Under Reservation of Rights The decision in Granite State Insurance Co. v. Lodholtz156 provides guidance to insurance companies of unfortunate results that can occur if an insured is not afforded a defense even when coverage is in question. Keywords: claim; company; court; coverage; ind; insurance; insured; n.e.2d; policy; trial
• Trusts and Decedents' Estates by Poland, Melvin C. (1974) - plaintiff-appellants2 filed a complaint contesting a will ap- proximately six and one-half months after the original petition for court was permitted to stand. It is also well settled by our decisions that courts will not con- strue a limitation into an executory devise when it can take effect as a remainder, nor a remainder to be contingent where it can be taken as vested. Keywords: court; defendant; ind; interest; n.e.2d; probate; trust
• Property by Law Review, Indiana (1975) - While Indiana courts have decided that certificates of deposit made out by the purchaser in multiple names create a contingent contract right in the donee that vests upon the death of the donor, it is altogether unclear whether they will hold that the vesting can be triggered by other occurrences. This case is dis- cussed in the section on contracts and commercial law.^ In In re Estate of Fanning,^ the Third District Court of Ap- peals dealt with the ownership of certificates of deposit made out ^'Freedman, note 3 supra. ^Ud. Keywords: certificates; contract; court; donor; ind; n.e.2d
• Workmen's Compensation by Law Review, Indiana (1976) - Appellate court review of Industrial Board awards is discussed in 3 Larson, supra note 3, §§80.00-80.50 (1976). In July 1967 he filed a claim with the Industrial Board for permanent partial impairment, and the Board subsequently ordered additional pajnnent, for 137 weeks, beginning at the date of the accident. Keywords: award; board; compensation; court; n.e.2d
• The Requirement of a Second Motion to Correct Errors as a Prerequisite to Appeal by Grove, Jeffrey W. (1977) - [Vol. 10:462 correct errors is unknown, seem to have no special difficulty in apprising trial courts of the existence of trial error, and there is no evidence that the federal appellate courts cannot do their jobs without having issues on appeal formulated in a motion to correct errors. In all cases in which a motion to correct errors is the appropriate procedure preliminary to an appeal, such motion shall separately specify as grounds therefor each error relied upon however and whenever arising up to the time of filing such motion. Keywords: appeal; errors; judgment; motion; n.e.2d; rule; ruling; trial court
• Criminal Procedure—Probable Cause by Bernstein, LeaAnne (1977) - The genesis of entrapment probable cause is found in a holding of the Indiana Supreme Court in which the court stated that when the. defense of entrapment is evoked, the burden is placed upon the state of proving that it had probable cause of suspecting that the appellant was engaged in illegal conduct. Re-examining the area of entrapment defense, the court, in Hardin v. State,^ concluded that the procedural standard of probable cause to suspect^ has proven more difficult in its application than originally believed and no longer should be an additional burden upon law enforcement officials as they combat the trafficking in drugs.^ Keywords: cause; entrapment; n.e.2d
• Insurance by Mortensen, Arvid L. (1977) - [T]he legislative intent in requiring certain insurance policies to provide pro- tection for policyholders injured by operators of uninsured motor vehicles should be liberally construed to the end that persons injured by uninsured motorists be protected to the limits of such policies to the same extent that they would have been protected if the tort-feasors had carried insurance. Indiana uninsured motorists coverage is mandated in Ind. Code § 27-7-5-1 (1976): No automobile liability or motor vehicle liability policy or insurance insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance or use of a motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state, unless coverage is provided therein or supplemental thereto . . . Keywords: court; ind; insurance; insured; n.e.2d; policy; uninsured
• Workmen's Compensation by Price, Gary P. (1978) - 10 Judge Buchanan capsulized his view of the concept of accident by stating: 'Accident' as a word of art in Workmen's Com- pensation law has become as mysterious as the Loch Ness monster . . . App. 1977) (unexpected result theory would not allow compensation for gradual hearing loss because there was no evidence that the loss of hearing was of a sudden, or reasonably brief, character). 20366 N.E.2d 202 (Ind. Ct. Keywords: accident; app; compensation; court; ind; n.e.2d; workmen
• Products Liability by Galvin Jr., Frank J. (1980) - Products Liability Frank J. Galvin, Jr.* Ortho Pharmaceutical Corp. v. Chapman^ was probably the most significant case decided during this year's survey period. The plaintiff had argued that comment k dealt with products that were an absolute public necessity.^ The court of appeals, however, found that com- *Member of the Indiana Bar. Keywords: court; liability; manufacturer; n.e.2d; ortho; product
• Revised Trial Rule 59 and P-M Gas by Robertson, Jonathan J. (1980) - (C) It is often the case that an appellee will not raise trial error in the appellate court, and will only answer the appellant's positions and brief. Elec. Co. v. Louck, 243 Ind. 17, 20-21, 181 N.E-2d 855, 856 (1962) (prior to adoption of new trial rules in 1970). •'Ind. Keywords: appeal; court; errors; ind; judgment; motion; n.e.2d; rule; trial; trial court
• The Proper Standard to Apply Under Indiana Trial Rule 41(B): Motion for Involuntary Dismissal by Hardy, Brandt (1980) - As a consequence of the procedural inability to unite both functions in nonjury actions, Indiana trial courts are deprived of the ability to dispose of an unmeritorious claim at the earliest opportunity.^^ The procedure presently followed under Trial Rule 41(B) seems inconsistent with the Trial Rule 1 mandate that the rules shall be construed to secure the just, speedy and inexpensive determination of every action. TR. 50 applies to jury trials and TR. 41(B) applies to court trials. Keywords: case; defendant; evidence; facts; indiana court; indiana trial; motion; n.e.2d; plaintiff; trial court; trial rule
• Workmen's Compensation by Rader, John A. (1980) - The court of appeals approved of the Board's ascertaining the percentage of support contributed to a partial dependent.*^ Absent precise figures with which to determine the , mathematical formula, the court held that the Board's findings were tj not clearly erroneous.*^ The other cases decided during the survey period advance no | new legal propositions and appear to be limited to their facts.*^ Id. '395 N.E.2d 874 (Ind. Ct. See Ind. Code § 22-3-3-3 (1976). Keywords: app; code; court; ind; n.e.2d
• Twenty-Five Years of Uninsured Motorist Coverage: A Silver Anniversary Cloud with a Tarnished Lining by Maas, Robert D. (1981) - UNINSURED MOTORIST COVERAGE 677 damages caused by an uninsured motorist, even when the insured is not occupying a vehicle insured under his UM policy.42 The insured is covered when driving or riding in another automobile or even if struck while he is a pedestrian.43 A third distinction is that UM coverage is generally extended to any passengers in the vehicle insured under the UM policy.44 Lia- bility coverage is intended to cover only the negligent operation of an automobile by the insured or his permittee.45 These basic differences between liability and UM coverages also illustrate that the risk involved in insuring against a loss is vastly different under each coverage. 12 Un- fortunately, some parties insured by UM coverage soon consumed as much time litigating policy disputes against their insurers as they had previously spent obtaining judgments against financially irre- sponsible motorists. Keywords: automobile; clause; coverage; insurance; insured; liability; motorist; n.e.2d; note; policy; supra; uninsured
• Property by Law Review, Indiana (1973) - Note, Possession and Control of Estate Property During Administration: Indiana Probate Code Section 1301, 29 Ind. L.J. 251, 264-65 (1954). The court of appeals extended the doctrine of inure- ment5 to include tax sale acquisitions of cotenancy property by the spouse of a cotenant.6 However, the primary issue was whether Irvin v. Petitfils, 44 Cal. Keywords: court; ind; n.e.2d
• Physician Liability for Failure to Resuscitate Terminally Ill Patients by Van Natta, Leslie E. (1982) - 94 While omission of ordinary medical treatment can result in physician liability because the physician has a legal duty to render such treatment, omission of extraordinary treatment should not have the same consequences. The issues of brain death, the right to die, and who pulls the plug had generated controversy in both the medical and legal professions before In re Quintan.1 That decision, however, trig- gered a re-examination of the concept of death. Keywords: brain; brain death; care; court; cpr; death; euthanasia; ill; life; medical; n.e.2d; note; patient; physician; supra; treatment
• Workers' Compensation by Coriden, Terrence (1983) - ''^ E. Employee's Civil Actions Against Co-Employees, Third Parties, and Employer's Insurers In expanding the right of an employee to file suit against medical providers who are employed by the company and negligently treat the injured employee, the court in McDaniel v. Sage*^ held that a nurse who was employed by the company was not immune from suit by her co-employee when the nurse carried out her duties as a professional by administering treatment to the injured employee. This provision sets out the exclusivity of a worker's remedies as follows: The rights and remedies granted to an employee subject to [this actl on account of personal injury or death by accident shall exclude all other rights and remedies of such employee, his personal representatives, dependents or next of kin, at common law or otherwise, on account of such injury or death. Keywords: board; claimant; compensation; court; employee; employment; industrial; n.e.2d
• Trial Rule 59 and 60(B)--Clearing the Murky Waters of Postjudgment Relief? by Hearn, Sharon B. (1983) - An understanding of the overlap conflict and the role played therein by Trial Rule 59 highlights the inherent problems caused by requiring a Trial Rule 59 motion to be filed in all cases to establish appellate jurisdiction in Indiana. The Overlap Conflict in the Court of Appeals Generally, postjudgment relief is sought in the trial court via a motion to correct errors under Trial Rule 59. Keywords: app; court; errors; ind; motion; n.e.2d; rule; trial; trial rule
• Labor Law by Archer, Edward P. (1984) - Based upon this statutory power, which must be liberally construed to permit the governing body of school corporations to conduct its affairs in a man- ner consistent with sound business practice, 13 the court concluded that the Legislature had endowed Indiana school boards with wide discretion, including the discretion to consent to the nonmandatory payroll deduc- tion of fees. 6 The court of appeals recognized that the first and fourteenth amend- ments give public school teachers the right to choose whether to associate for the advancement of particular beliefs. Keywords: act; ceeba; court; ind; n.e.2d; school; teachers
• Workers' Compensation by Corriden, G. Terrence (1985) - Despite the presence of a clockhouse at the pipe mill, Donahue, along with other employees, customarily clocked out at the tin mill clockhouse. Clem v. Steveco, Inc.,^ the plaintiff filed a suit in civil court asking for compensation and punitive damages not only against his deceased wife's employer, but also against the franchisor of the company for which she worked. Keywords: board; compensation; court; employee; employment; ind; n.e.2d
• The Pecuniary Loss Rule as an Inappropriate Measure of Damages in Child Death Cases by Torres, Lori A. (1985) - Thus, the early Indiana cases followed a very strict appHcation of the pecuniary loss rule.^ In City of Elwood v. Addison,^^ pecuniary loss was defined as the value of a child's services from the time of the death until he would have attained his majority taken in connection with his prospects in life, less the cost of his support and maintenance during that period, including such as board, clothing, schooHng and medical attention. Recovery for pecuniary loss must therefore be offset against any moneys that would have been expended for the upbringing of the child but for the wrongful death of the child. '^ Additionally, the court cited American Motor Car Co. v. Robbins,^^ where the supreme court conceded that the amount of damages that compensates a parent for pecuniary loss, though incalculable, could be estimated, even though this measurement bore some semblance to conjecture. Keywords: ann; child; court; damages; death; ind; loss; loss rule; n.e.2d; rule; society; stat
• Computer Simulations: How They Can Be Used at Trial and the Arguments for Admissibility by Chaney, Elaine M. (1986) - 159 Compliance with these four guidelines will probably be sufficient to avoid exclusion of computer simulation evidence on procedural grounds. Be- cause simulations have great potential to aid in the clear presentation of complex information, attorneys with cases that lend themselves to computer simulation evidence should consider this novel technique — they might like the results. Keywords: cir; computer; court; evidence; expert; f.2d; frye; general; n.e.2d; scientific; simulation; standard; testimony; trial
• Summary Driver's License Suspensions by Wright, R. George (1986) - 2d 281, 437 N.Y.S.2d 538 (1981) (rejecting due process challenge to pre-hearing suspension of driver's license for refusal to submit to chemical test; hearing required within fifteen days of suspension); Kobilansky v. Liffrig, 358 N.W.2d 781 (N.D. 1984) (upholding pre-hearing license suspension against due process challenge); State v. 1986] There is ample support, first, for the court's view of implied consent and summary license suspension procedures as civil or administrative in nature, and not criminal. ^^ Keywords: court; hearing; license; n.e.2d; suspension; test
• The Defense of Voluntary Intoxication: Now You See It, Now You Don't by Burke, Susan D. (1986) - If the degree of a defendant's intoxication must rise to a level of mental incapacity akin to insanity, it might well be easier to eliminate the separate defense of voluntary intoxication while allowing intoxication to be considered within the insanity defense. As noted in Carter, [T]he plethora of cases and materials on the subject leads to the conclusion that specific intent and the defense of voluntary intoxication is incapable of concise, succinct definition. Keywords: court; defense; ind; intent; intoxication; n.e.2d
• Inequitable Treatment of Ineffective Assistance Litigants by Van Rheenen, Richard (1986) - Although nothing in the Keys opinion indicated that the record of proceedings would provide a substantial factual basis for the court's determination on ineffective assistance claims in every case, in Harris V. State,^^ the court, relying on Keys, broadly stated that no evidentiary hearing on the motion to correct error is required or needed when one of the errors alleged was incompetency of trial counsel. Indiana case law requires that ineffective assistance claims be raised at the earhest possible opportunity;^ thus, a claimant must raise his claim on direct appeal if an attorney different from the lawyer whose inad- equacy is asserted files the motion to correct error or belated motion to correct error. Keywords: court; hearing; ind; lawyer; motion; n.e.2d; trial
• Antenuptial Agreements After In re Marriage of Boren by Hughes, David B. (1986) - This Article will briefly explore the confusion that has existed in Indiana concerning antenuptial agreements during approximately the past ten years. In McNutt v. McNutt,^ the supreme court held concerning the binding nature of antenuptial agreements: It is indeed difficult to find any principle upon which courts can set aside contracts made in good faith, with due deliberation, and by persons of mature age, even though that contract be one between a man and a woman contemplating marriage. Keywords: agreement; app; court; dissolution; ind; marriage; n.e.2d; parties; property
• Recovery of Punitive Damages Against Insurance Companies by Arthur, Stephen E. (1986) - Indiana Law Review Recovery of Punitive Damages Against Insurance Companies Stephen E. Arthur* During this survey period, the Indiana courts again reexamined the prerequisites for maintaining a claim for punitive damages against an insurance company in a first party action. I. Travelers Indemnity Company v. Armstrong Revisited The general rule in Indiana is that punitive damages may not be recovered as an element of damages in breach of contract actions. Keywords: app; damages; ind; insurance; n.e.2d
• It Was No Accident That by Forte, Joseph M. (1986) - In the search for extension of employer's liability for accident connected injuries, the law on this subject has become hopelessly conflicting and confused . . . ' In Houchins v. J. Pier- ponts,^ the Indiana Court of Appeals, while having a plethora of cases from which to cite for the definition of accident, chose one of the earliest cases defining accident as any unlooked for mishap or untoward event not expected or designed. Keywords: accident; app; court; ind; n.e.2d
• Indiana's Development of a Definitive Legal Malpractice Statute of Limitations by Jackson, Donald L. (1986) - Thus, this Article will review the tortured developments of the statute of limitations as applied to legal malpractice actions recently culminating in the Whitehouse v. Quinn^ case which, it is hoped, will finally be determinative in this area. This uncertainty caused the various appellate districts in Indiana to develop divergent theories regarding the limitations period to be applied to legal malpractice actions. Keywords: action; court; ind; limitations; malpractice; n.e.2d; statute
• Claims By and Against Decedents' Estates by Falender, Debra A. (1987) - See Ind. Code § 1-1-3-3 (1982). See Ind. Code § 34-1-2-5 (1982), supra text accompanying note 7. ''See Ind. Code § 34-1-2-7 (1982), supra note 8. Keywords: app; claim; code; court; death; estate; ind; n.e.2d; property; statute
• The "'Savings" Clause of Trial Rule 60(B): Muddy Waters? by Weathers, Scott A. (1988) - SAVINGS CLAUSE 75 a result, courts are given discretional license which, in turn, has led to inconsistent precedent.^ In June 1987, the Indiana Court of Appeals decided Magnuson v. Blickenstaff,^ and in so doing, tackled head-on what the court described as Rule 60's ''muddy waters. The Throckmorton/Marshall/Hazel-Atlas Trilogy One source of confusion and controversy for courts and legal com- mentators ahke is the character of fraud which will justify relief within the context of an independent action.^^ Keywords: action; court; fraud; judgment; magnuson; n.e.2d; rule
• Hansen v. Von Duprin: Have the Floodgates Opened to Workmen's Compensation Claims? by Spengler, Carolyn W. (1988) - In its move away from the unusualness requirement for physical as well as mental injuries, the Court has abandoned a long-standing line of workmen's compensation cases which provided an unusualness rule as a framework for determining the causation requirement of the Indiana Workmen's Compensation Act.^ Hansen also has left in doubt the non- compensability of injuries due to the ordinary wear-and-tear of life under the Act.^ In the process, it has added to the confusion between two Partner with Hunt, Suedhoff, Borror & Eilbacher, Fort Wayne, Indiana; B.A. Duke University 1961; J.D. Indiana University, 1978. ^'See Hansen, 507 N.E.2d at 575. ^^Ironically, in view of the traditionally conservative stance of the Indiana courts, the court of appeals' (and, subsequently, the supreme court's) decision put Indiana at the forefront of the trend on this issue of the compensability of mental injury without physical injury. Keywords: app; compensation; court; employment; hansen; ind; injury; n.e.2d; supreme; workmen
• Oral Warranties and Written Disclaimers in Consumer Transactions: Indiana Does an End Run Around the U.C.C. Parol Evidence Rule by Greenberg, Harold (1990) - See, e.g., Jordan v. Doonan Truck & Equipment, Inc., 220 Kan. 431, 552 P.2d 881 (1976) (although there was an oral express warranty, buyer of a truck read the contract, saw the handwritten disclaimer, understood it, and signed; warranty evidence held inadmissible); Lord, Some Thoughts about Warranty Law: Express and Implied Warranties, 56 N.D.L. Rev. 509, 555-57 (1980); Note, Uniform Commercial Code: Dis- claiming the Express Warranty in Computer Contracts—Taking the Byte Out of the UCC, 40 Okla. L. Rev. 471, 497 (1987). 216 INDIANA LAW REVIEW Richards also involved § 2-316, but the primary focus was on the inconsistency of the written disclaimer with written express warranties and the disclaimer's failure to properly disclaim the implied warranty of merchantability. Keywords: court; disclaimer; evidence; evidence rule; express; ind; n.e.2d; parol; parol evidence; rule; warranties; warranty
• Pay Me Now or Pay Me Later?: The Question of Prospective Damage Claims for Genetic Injury in Wrongful Life Claims by Weber, Suzann M. (1990) - Awards are made to wrongful life plaintiffs who suffer some im- pairment associated with their lives. This Note will examine the issues of allowing a plaintiff claiming a family or legal status injury to bring suit as well as awards of prospective damages in wrongful life claims. Keywords: action; birth; cal; care; child; claim; court; damages; duty; injury; jacob; life; n.e.2d; plaintiff; wrongful
• Survey of Recent Developments in Insurance Law by Trimble, John C.; Shoultz, Richard K. (1993) - In Pafco, Baker leased an automobile from Ugly Duckling, which had a commercial automobile insurance policy for leased cars and had policy limits of $60,000.00. Each case came to the same conclusion: if policies contained an anti-stacking clause,97 such a clause was enforceable, and policy limits from each policy would not be added together or stacked. Keywords: carrier; court; coverage; ind; insurance; insured; n.e.2d; policy
• Recognizing the Child's Consortium Action by Denying the Spouse's by York, Melissa S. (1995) - In 1993, thirty-seven percent of such children were living with a divorced parent, compared with thirty-five percent living with a never-married parent. I. Development of the Consortium Action The common law consortium action developed from early Roman law, which allowed a man to maintain an action for injuries to his wife, children and slaves. Keywords: a.2d; action; child; children; consortium; consortium action; courts; inc; injury; loss; n.e.2d; n.w.2d; note; parent; relationship; spousal; supra
• 1995 Survey of Indiana Family Law by Ruppert, Michael G.; Schaefer, Paula J. (1996) - Child Support In 1995, the legislature enacted federally mandated legislation that is sure to attract the attention of numerous child support obligors in the state. These cases stand for the general principle that where children are entitled to receive Social Security benefits, the benefit payments are not intended to be a substitute for child support. Keywords: app; child; court; ind; n.e.2d; property; support
• A Tribute to Justice Roger O. DeBruler by Sullivan Jr., Frank (1997) - It is reliably reported that several years ago, upon encountering a member of the Indiana Supreme Court, a U.S. Supreme Court Justice asked, Why is it that, in every case we get from your court, Justice DeBruler has dissented? It is true that Justice Roger O. DeBruler, who retired from the Indiana Supreme Court on August 8, 1996, after nearly twenty-eight years of service, wrote many dissents. 5 In other dissents, Justice DeBruler set forth for the first time many principles and procedures relating to the imposition of the death penalty that have now become a standard part of Indiana death penalty practice. Keywords: debruler; ind; n.e.2d
• Survey of Recent Developments in Insurance Law by Shoultz, Richard K. (1998) - This decision supported the insured's intent to provide insurance coverage for the premises even though she may not have resided at the home.^^ B. Definitionof Land Motor Vehicle The definition of a land motor vehicle has significance to many potential factual scenarios within insurance law. ° V. Miscellaneous Decisions A. Interpretation ofAssault and Battery Exclusion The decision ofSans v. Monticello Insurance Co. '''is one ofmany decisions addressing whether insurance coverage is available to an individual who discharges a gun resulting in personal injuries to another. Keywords: court; coverage; ind; insurance; insurer; n.e.2d; policy
• Recent Developments in Indiana Tort Law by Meyer, Tammy J.; Lansberry, Kyle A. (2000) - Thus, the plaintiffargued that personal maintenance evidence is never admissible in a wrongful death action.^^' The court of appeals found that the Indiana Supreme Court had long interpreted the damage provision ofthe Wrongful Death Act to permit recovery for a decedent's lost earnings, but that such precedent also required that those damages be reduced by the decedent's personal maintenance expenses.^^^ The court noted, however, that the 1965 amendments to the Wrongful Death Statute had previously unmentioned language with respect to a decedent's lost earnings and found that since that time Indiana appellate courts have not addressed whether trial courts are required to admit or exclude evidence of personal maintenance expenses pursuant to this provision.^^^ In response, defendants argued that statements ofthe Indiana Supreme Court in Burnett v. State,^^^ suggested that the supreme court believed personal maintenance evidence relevant in determining wrongful death damages.^^^ However, the court of appeals stated that, although these statements by the supreme court do suggest that the court believes personal maintenance evidence relevant in determining wrongful death damages, it did not believe the supreme 347. I. Negligence A. Landowners ' Potential Responsibilityfor Third-Party Criminal Attacks During the course of this survey period, Indiana courts rendered numerous decisions interpreting a landowner's potential responsibility for third-party criminal attacks upon invitees. Keywords: act; case; child; claim; contractor; court; court ofappeals; criminal; damages; death; decedent; defendant; duty; employee; evidence; indiana court; indiana law; indiana supreme; injury; issue; judgment; liability; malpractice; medical; motion; n.e.2d; negligence; ofthe; plaintiff; statute; summary; supreme court; tort; tort law; trial court; wrongful
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 2003 by Betz, Kevin W.; Crandley, Mark J.; Stephenson, P. Jason (2004) - N.E.2d 484 (Ind. 2003); State Bd. of Tax Comm'rs v. Ispat Inland, Inc., 784 N.E.2d 477 (Ind. 2003); Tippacanoe County v. Ind. Mfr's Ass'n, 784 N.E.2d 463 (Ind. 2003); Ind. Dep't of Revenue v. Interstate Warehousing, Inc., 783 N.E.2d 248 (Ind. 2003). Ind. Dep't of Envtl. Keywords: cases; court; inc; ind; justice; n.e.2d; number; opinions; shepard
• Survey of Recent Developments in Insurance Law by Shoultz, Richard K.; Das, Sonia C. (2004) - This Article addresses the past year's cases, and analyzes their effect on the practice of insurance law.^ I. Declaratory Judgment Insurance Cases A. Third Party Claimant May Pursue Declaratory Judgment Action As most insurance practitioners know, a declaratory judgment action is the usual means to determine the scope of insurance coverage owed when a dispute exists. A third party claim is one for insurance coverage being presented by a party who is not the insured or insurer. Keywords: company; court; coverage; driver; ind; insurance; insured; motorist; n.e.2d; policy; vehicle
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 2004 by Crandley, Mark J.; Stephenson, P. Jason (2005) - As a practical matter, reverse or vacate simply represents any action by the court that does not affirm the trial court or court of appeals opinion. Simon v. United States, 805 N.E.2d 798 (Ind. 2004). 2005] INDIANA SUPREME COURT 869 entire appeal and will address all of the dispositive issues raised by the appeal.^ When the court takes transfer over an appeal, the court of appeals opinion is automatically vacated. Keywords: cases; court; hid; ind; justice; n.e.2d; number; opinions; shepard
• Survey of Recent Developments in Insurance Law by Shoultz, Richard K. (2005) - The driver was uninsured at the time of the accident.^^ The daughter's estate sought uninsured motorist coverage from the mother's policy. The most significant reason was based upon the fact that when American Family denied coverage to the insured, the injured motorists qualified to seek uninsured motorist coverage under the Safeco policy.^^ F. An Insured's Accident with Uninsured and Underinsured Motorists DidNot Permit a Claimfor the Policy Limits ofEach Coverage In Imre v. Lake States Insurance Co. ,^* the insured was a passenger on an all- terrain vehicle (ATV). Keywords: accident; app; court; coverage; ind; insurance; insured; n.e.2d; policy; uninsured; vehicle
• Survey of Recent Developments in Insurance Law by Shoultz, Richard K. (2006) - The court held that because the claim was solely for uninsured motorist coverage the 79. When the employee settled for the full limits of $50,000 in uninsured motorist coverage from a personal insurance policy issued to her husband, the employer asserted a lien on the settlement because of the workers' compensation payments.^^ Keywords: claim; court; coverage; ind; insurance; insurer; motorist; n.e.2d; policy; vehicle
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 2007 by Crandley, Mark J.; Stephenson, P. Jason; Butler, Carl (2008) - b This is only a counting of full opinions written by each justice. Sullivan, J., Rucker, J. 8. Rucker, J. Number of Opinions' Total 10 k This Table concerns only decisions rendered by full opinion. Keywords: cases; court; ind; justice; n.e.2d; number; opinions
• Survey of Recent Developments in Insurance Law by Shoultz, Richard K.; Wooton, Lewis S. (2008) - (holding that uninsured motorist coverage will not be read into insurance policy), trans, denied, 878 N.E.2d 205 (Ind. 2007); Wells v. Auto Owners Insurance Co., 864 N.E.2d 356, 360 (Ind. Ct. 159 This is a common phrase found in numerous contexts in many types of insurance policies, and thus the holding in this case has potentially broad application. Keywords: app; co.; court; coverage; ind; insurance; insured; motorist; n.e.2d; policy
• Survey of the Law of Professional Responsibility by Anderson, Greg N. (2008) - Medical malpractice lawyers calculated this sliding-scale fee by taking 15% from the Fund portion of recovery and a percentage from the health care provider portion, which could potentially include 100% of the health care provider portion, to make the total fee equal to 35%. ITLA argues, backed by affidavits of medical malpractice lawyers, that a Sliding Scale Fee Arrangement is reasonable in light of the expense, time, and risk attendant to representing medical malpractice plaintiffs. Keywords: case; client; court; fee; fees; ind; lawyer; malpractice; medical; n.e.2d; stephens

• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 2014 by Crandley, Mark J.; Peabody, Jeffrey M. (2015) - bb K.W. v. Ind. Dep’t of Child Servs., 12 N.E.3d 241 (Ind. 2014); In re G.P., 4 N.E.3d 1158 (Ind. 2014); In re Carroll Cnty. 2012 Tax Sale, 21 N.E.3d 91 (Ind. 2014); Ind. Dep’t of State Revenue v. Caterpillar, Inc., 15 N.E.3d 579 (Ind. 2014). hh Keywords: cases; court; ind; justice; n.e.3d; number; opinions
• Products Liability by Vargo, John F. (1975) - Froftuets ^.lability John F, Vargo* Products liability generally involves the liability of a seller of products to parties who, as a rule, are not in privity with the sellerJ Over the years product liability cases have been litigated on many theories: principally those of negligence,^ inherently dangerous items,^ warranty,^ and strict liability in tort/ The old strict liability theory relating to inherently dangerous items was restricted to a small class of products considered imminently dangerous to human safety.^ Early in the development of products liability litigation, plaintiffs also began to recognize that negli- gence was an ineffective theory of recovery because of certain problems: identification of the defect,^ defendants' assertions of contributory negligence,® and proof of negligence.' '**In the past Indiana courts have limited the use of the term assumption of risk to cases where there is a contractual relationship between the parties, and have invented the term incurred risk for use in all other cases. Keywords: court; defendant; evidence; ind; liability; negligence; plaintiff; risk
• An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting in 2017 by Crandley, Mark J.; Peabody, Jeffrey M. (2018) - This is only a counting of full opinions written by each justice. Rush, C.J., David, J., Goff, J. 1 Totalm 6 k This Table concerns only decisions rendered by full opinion. Keywords: cases; court; ind; justice; n.e.3d; opinions; table
• Recent Developments in Indiana Family Law: October 2016 to September 2017 by Seidler, Rena; Ryznar, Margaret (2018) - [Vol. 51:1085 latitude afforded to trial court decisions,63 it remanded for failure to consider prevailing job opportunities and earning levels in the community.64 Finally, in a case regarding over twenty years of child support arrears, the question arose of retroactive modification and the impact of another person’s in loco parentis status.65 After a divorce, the father disappeared without notice and had no further contact with the mother or their two children.66 The published appellate cases considered regard property division upon divorce, parenting time and visitation, child custody, child support, paternity and adoption, CHINS and the termination of parental rights, and jurisdiction and procedure. Keywords: appellate; child; court; ind; mother; trial; trial court
• Protective Provisions for Surviving Spouses in Indiana: Considerations for a Legislative Response to Leazenby by Falender, Debra A. (1978) - The value of property gratuitously transferred by the decedent during the marriage to persons other than the surviving spouse without the spouse's consent'^ is added to ''UPC § 2-201(a) provides: [T]he surviving spouse has a right of election to take an elective share of one-third of the augmented estate under the limitations and condi- tions hereinafter stated. *Some authors have suggested that there is no need for a nonbarrable share for surviving spouses because the surviving spouse is given much more then the statutory one-third in a very high percentage of the wills. Keywords: allowance; code; court; death; decedent; elective; estate; ind; interest; property; provisions; share; spouses; surviving spouse; transfer; trust; vivos
• Trial Rule 69(E): Proceedings Supplemental to Execution by Peek, Michael C. (1978) - Alterna- tively, the decision realistically informs judgment creditors that they can file a motion for proceedings supplemental with the court and proceed to garnishment without a hearing. The last alternative is to amend Indiana Code section 28-l-20-l(a) so that it clearly applies to judgment creditors sending interroga- tories to banks pursuant to Trial Rule 69(E). Keywords: bank; court; creditor; defendant; ind; judgment; judgment debtor; proceedings; rule; supplemental; trial
• Contracts, Commercial Law, and Consumer Law by Bepko, Gerald L. (1980) - Hd. 'Id. See J. White & R. Summers, supra note 2, §§ 11-3 to -4. ''See S.M. Wilson & Co. v. Smith Int'l, Inc., 587 F.2d 1363 (9th Cir. 1978); Fredonia Broadcasting Corp. v. RCA Corp., 481 F.2d 781 (5th Cir. 1973); Southwest Forest Indus., Inc. v. Westinghouse Elec. Corp., 422 F.2d 1013 (9th Cir.), cert, denied, 400 U.S. 902 (1970); Mead Corp. v. Allendale Mut. [Vol. 13:107 renewal or in response to a request or application.^^ EFT operates on the same premise except that it provides one opportunity for financial institutions to avoid the general prohibition against un- solicited issuance and to promote the use of electronic fund transfer mechanisms. Keywords: account; bank; buyer; check; code; consumer; court; error; goods; ind; institution; section; supp; transfer
• Use of Human Leukocyte Antigen Test Results to Establish Paternity by Protogere, Francine (1981) - 285 N.W.2d at 884. 1981] HLA TESTS 863 allowed blood test results as evidence only in cases where definite exclusion of any person [was] established.^^ 'Id. 'Recall that Indiana courts have only allowed blood test evidence to exclude a man from paternity. Keywords: act; app; blood; cal; court; evidence; father; hla; ind; note; paternity; probability; results; rptr; supra; supra note; tests
• Recent Developments in Indiana Family Law: October 2017 to September 2018 by Seidler, Rena; Ryznar, Margaret (2021) - The trial court denied the mother’s motion to transfer jurisdiction of the custody matter from Indiana because a “significant connection” between the controversy and Indiana remained if the father still resided there.113 The appellate court reversed, noting that the trial court had abused its discretion in exercising jurisdiction because it failed to consider whether domestic violence had occurred and the distance between Indiana and the court that would get jurisdiction.114 In sum, Indiana appellate courts resolved a wide range of family law cases during the survey period of October 1, 2017 to September 30, 2018, ranging from property division to adoption. The court continued by reminding trial courts “of their duty to ensure that litigants’ due process rights are not violated. Keywords: app; appellate; child; court; ind
• Recent Developments in Indiana Family Law: October 2018 to September 2019 by Seidler, Rena (2021) - CHILD SUPPORT There were several child support cases of note decided during the survey period. After all, trial courts certainly do not suffer when an issue is fully briefed and 92. Keywords: appellate; child; court; father; ind; mother; trial court
• Survey of the Law of Professional Responsibility (2019) by Kidd, Charles M. (2021) - One of the important resources in evaluating the appropriate sanction in lawyer discipline cases is, ANNOTATED STANDARDS The Supreme Court, recognizing this was an experienced lawyer, added its own thoughts about this misconduct—and a warning to other lawyers in the process: Respondent has served his community and profession with distinction for over four decades and, until just recently, had an unblemished disciplinary record. Keywords: client; commission; cond; court; ind; lawyer; n.e.3d; prof; representation; respondent; rule; trust
• 1985 Amendments to the Indiana Medical Malpractice Act by Stickney, Robin B. (1986) - ^ Also added as a new additional definition of health care provider is a health care organization whose members, share- holders, or partners are health care providers under subdivision (1). Ind. Code § 16-9.5-l-l(a)(l) lists as health care providers: Keywords: care; code; code section; fund; health; ind; indiana code; provider; supp
• The Indiana Business Flexibility Act (Limited Liability Companies) by Worrell, David C.; Reddick, Marci A. (1994) - Serv. P.A. No. 93-267; Del. Code Ann. title 6, §§ 18-101 to 18-1107; Fla. Stat. §§ 1301 to 1369 (1992); P.L. 718, 116th Leg., 2d Reg. Keywords: act; agreement; ann; code; code ann; ind; liability; limited; llc; member; operating
• 1994 Developments in Commercial Law and Consumer Protection Law by Glabraith, Brad A. (1995) - Id. 55. 15 U.S.C. § 1681a(f) (1988) defines a consumer reporting agency as: any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. * Thus, the court of appeals concluded that INB was immune from suit by Nikou unless Nikou could demonstrate that the information provided by INB to the credit reporting agencies was false, and that it was provided to those agencies because ofmalice or willful intent to damage Nikou.^^ Nikou failed to do so, resulting in a summary judgment against him.^^ In Nikou v. INB National Bank, the court of appeals addressed a bank's exposure to liability when reporting consumer credit information, and provided a good example of how the FCRA can be used by banks to terminate common law actions before they become financially oppressive. Keywords: consumer; court; credit; ind; information; interest; reporting; security
• 1998 Update of Federal Civil Practice for Seventh Circuit Practitioners by Maley, John R. (1999) - One week before the deadline for filing fully-briefed summary judgment motions, however, plaintiffs counsel subpoenaed the witness for deposition. The Seventh Circuit quickly disposed ofthat argument, noting the issue does not warrant extended discussion because district courts have broad discretion on motions to transfer under § 1404(a), and reversal lies only for a clear abuse of that discretion.* Keywords: circuit; counsel; court; district; ind; judge; judgment; motion; plaintiffs; rule; statement; summary

• What If Kelo v. City of New London Had Gone the Other Way? by Somin, Ilya (2011) - However, many of them turned out to be largely symbolic, purporting to forbid economic development takings but actually allowing them to continue under other names. On the other hand, a strong ruling categorically banning economic development takings would likely have done more for property rights than the backlash did, especially considering the uneven nature of the latter. Keywords: court; decision; development; justice; kelo; new; note; owners; property; public; supra; takings; u.s; use
• What If Daniel Ellsberg Hadn’t Bothered? by Kitrosser, Heidi (2011) - Intelligence Agency, 60 F.3d 861, 865 (D.C. Cir. 1995) (observing that burden was not met in Pentagon Papers case); Lind v. Grimmer, 30 F.3d 1115, 1122 (9th Cir. 1994) (same). While5 Ellsberg resigned from RAND before going on to leak the Pentagon Papers (“Pentagon Papers” or “Papers”), the other signatories had intended to stay on. Keywords: administration; case; category; cir; daniel; ellsberg; executive; government; information; leak; national; new; nixon; note; papers; pentagon papers; president; press; public; secrecy; security; speech; states; supra; supra note; times; united; war; wikileaks; york
• The New Federal Circuit Mandamus by Gugliuzza, Paul R. (2012) - 385 By limiting Federal Circuit mandamus to patent-related issues, as the CCPA had done, the framework developed by the nascent Federal Circuit was not well- suited to the court’s new role reviewing district court patent cases (as compared with the CCPA’s role, which was to review only determinations of the PTO). The Article then explores why, in its recent cases, the court has abandoned the view that Federal Circuit mandamus should be limited to issues of patent law. Keywords: appeal; appellate; cases; circuit law; circuit mandamus; circuit patent; corp; court patent; courts; decisions; district court; eastern; eastern district; f.2d; federal; federal circuit; inc; innotron; issues; judge; jurisdiction; litigation; mandamus petition; new; note; order; patent; patent cases; patent law; regional; review; supra; tech; texas; transfer; u.s; venue; writ
• Corporate Governance in the Financial Services Industry: Dodd-Frank Reforms to Banker Compensation Arrangements by Nicholson, Lisa H (2015) - In 2009, the Obama Administration publicly called for heightened oversight of executive compensation at all banks amid increased public fury over the payment of executive bonuses by some firms who were viewed by the public as the * Professor of Law, University of Louisville, Louis D. Brandeis School of Law. The legislation, which focused primarily on regulations for financial institutions, was developed as a means to avert systemic failures in the future and its provisions are designed to improve transparency and accountability in the capital and financial markets going forward.6 To that end, the Dodd-Frank Act (which takes up approximately 2,300 pages) reaches nearly every facet of the banking and financial services industry including reform of the regulations of mortgage origination and securitizations, derivatives trading, proprietary trading, credit rating agencies, corporate governance generally, and executive compensation in particular.7 Since the legislation requires significant rule-making by various federal regulatory authorities—much of which has yet to be adopted, it is still too soon to tell conclusively how effective the Dodd-Frank Act will be in deterring future failures, and the ensuing harm to the nation’s financial system. Keywords: 304; act; board; claw; company; compensation; dodd; employees; executive; federal; financial; firm; frank; governance; incentive; institutions; jpmorgan; misconduct; note; pay; performance; reform; report; risk; rules; section; supra; u.s.c
• Taking the Personal Out of Data: Making Sense of De-Identification by Lagos, Yianni (2015) - The National Security Administration (NSA) scandal raised the concern that company data will fall into the hands of the government with unknown consequences.46 Companies will simply forgo de-identifying data if the definition of de-identification is too stringent, thus depriving consumers of a potentially powerful privacy protection. Keywords: companies; consumers; data; identification; identifiers; information; note; personal; privacy; risk; supra; use
• A Lesson Learned from Myriad: The Affordable Care Act as Both an Incentive and an Alternative for Invalidating Stem Cell Patents by Wilcoxson, Maryn (2014) - [Vol. 48:723 possibility of stem cell patents being invalidated, the nonprofit group, Consumer Watchdog (“Watchdog”), has brought an appeal in the Federal Circuit challenging the patents on human embryonic stem cells (“hES cells”) held by the Wisconsin Alumni Research Foundation (“WARF”).7 Watchdog argues that under Myriad, these stem cells are products of nature and therefore are not patentable solely because they have been isolated.8 Part III analyzes what the United States stands to gain under the ACA from the invalidation of stem cell patents, including lowered costs for treatment of chronic conditions. Keywords: aca; brca; cancer; cell; chronic; companies; cost; genes; health; human; insurance; myriad; note; patents; research; states; stem; stem cell; supra; testing; treatment; united; warf
• How Railroad Brakemen Derailed Unpaid Interns: The Need for a Revised Framework to Determine FLSA Coverage for Unpaid Interns by Gessner, Jaclyn (2015) - Interns value internship supervisors who take on more of a mentoring role as opposed to merely supervising, because mentors are more likely to provide career advice and job feedback. GARDNER, INTERN BRIDGE, supra note 115, at 2. 136. SHRM Survey Findings, supra note 111, at slides 22-3 (reporting that the average hourly wage offered to undergraduate student interns is $12.74 per hour, well above the federal minimum wage). Keywords: benefit; employees; employer; employment; factor; flsa; interns; internship; job; labor; note; sheet; skills; students; supra; supra note; survey; test; time; trainees; training; unpaid; work
• Polarization, Congressional Dysfunction, and Constitutional Change by McCarty, Nolan (2017) - THE TRENDS IN POLARIZATION A brief tour of the history and trends in legislative polarization provides some context for the analysis presented in this Article. 41 Similarly, there is very little evidence that reforming nominating primaries would reduce legislative polarization. Keywords: appropriations; congress; executive; figure; gridlock; house; legislative; majority; mccarty; note; party; polarization; policy; politics; senate; states; supra
• Toeing the Line: The Delicate Balance Attorneys Must Maintain When Responding to Auditor Inquiry Request Letters by Swider, R. Alexander (2017) - W hile the PCAOB performs a critical role in helping regulate88 the public accounting industry, the PCAOB’s stance on requiring detailed documentation in calculating and disclosing contingencies threatens to negatively affect the relationship between CPAs and corporate lawyers.89 Since Congress’ passage of SOX, lawyers face a m ore uncertain landscape when it comes to how they choose to balance their responsibility to accurately report client information to inquiring auditors while remaining loyal to their 84. In drafting the guidelines for sending and responding to audit legal letters, these three organizations should form their recommendations in a manner that recognizes that “the information that users of private company financial statements consider decision-useful” differs from the type of information users of public company financial statements generally require. Keywords: aba; accountant; attorney; audit; auditors; client; client privilege; company; financial; information; lawyers; letters; litigation; loss; note; privilege; product; public; statement; supra; supra note; work
• A Call to Action: Fixing the Judicially-Murkied Waters of 35 U.S.C. Section 101 by Thobe, Megan (2017) - T hese exceptions relate to inventions that contain14 patent claims, which improperly encompass laws of nature, natural phenomena, and abstract ideas; all are not considered to be patent-eligible. By efficiently eliminating patent claims through a 101 filter, there89 will be more resources for examiners in the United States Patent and Trademark O ffice. Keywords: art; cir; claims; court; eligibility; fed; heinrich; inc; matter; nature; note; patent; sequenom; step; subject; supra; supreme; u.s; u.s.c
• Judicial and Administrative Treatment of Accountants' Qualifications and Disclaimers by Lucas, Michael P. (1978) - This is in large part due to a misunderstanding of the significance of an auditor's opinion and a failure to recognize that financial statements should primarily be viewed as managements' representations.2 The American Institute of Certified Public Accountants (A.I.C.P.A.), in a recent codification of professional standards, described the objective of the audit process as follows: The objective of the ordinary examination of financial statements by the independent auditor is the expression of an opinion on the fairness with which they present financial position, results of operations, and changes in financial posi- tion in conformity with generally accepted accounting prin- ciples. In all cases wherein an auditor's name is associated with financial statements, the report should contain a clear-cut indication of the character of the auditor's examination, if any, and the degree of responsibility he is taking. Keywords: a.i.c.p.a; accountants; accounting; auditor; court; disclaimer; financial; liability; note; opinion; paragraph; principles; qualifications; report; sec; standards; statements; supra
• Double Taxation/Fiscal Evasion and International Tax Treaties by Trelles II, Oscar M. (1979) - Under the Internal Revenue Code, a foreign taxpayer will be subject to United States tax on income from United States sources ^*Convention Contrary to the broad purpose of tax treaties to eliminate trade barriers, these collection provisions could cause un- natural shifts in capital as well as delay the more important prom- ulgation of substantive provisions on double taxation.^®^ Finally, the most pervasive of all taxpayer concerns is the possibility of having to defend against a United States tax claim be- ing executed by a foreign procedure which does not meet the American concept of due process. Keywords: collection; convention; country; draft; fiscal; foreign; income; international; league; note; o.e.c.d; provisions; states; supra note; tax; taxation; taxes; treaty; united
• Federal Income Tax Discrimination between Homeowners and Renters: A Proposed Solution by Ruhtenberg, Joan (1979) - The general provisions for interest and tax deductions have now been adopted retrospectively as one method of achieving the government's goal to expand homeownership opportunities to as broad a segment of our society as can reasonably afford it . . . Unlike the taxation of imputed rent, or the disallowance of the interest and tax deductions for homeowners, there would be no appreciable economic repercussions. Keywords: deduction; homeowners; housing; income; income tax; interest; note; property; rent; renters; stat; supra; tax; taxes
• Nonmutuality: Taking the Fairness out of Collateral Estoppel by Schmitt Ellis, Janet (1980) - Defendants undoubtedly suffer greater hardship when estopped by nonparty plaintiffs than plaintiffs when estopped by nonparty defendants. In denying offensive collateral estoppel, a New Jersey court in Reardon v. Allen^^ observed: Keywords: co.; collateral; court; defendant; estoppel; judgment; litigation; nonmutuality; note; parklane; party; plaintiff; suit; supra; u.s; use
• Products Liability and the Reasonably Safe Product by Neff, R. Matthew (1980) - The authors, members of the two disciplines most closely con- cerned with products liability — management and the law,^ pool their resources to analyz[e] the role of technology and its interface with the law. Specifically, they seek to examine whether the practice of products litigation [is] based on established legal principles and . . . Synopsis The authors begin their consideration of the value of applying legal principles to the design process with a brief discussion of the three basic theories of products liability: negligence, turning on the conduct of the defendant; strict liability and implied warranty, turn- ing on product quality and contractual expectations; and express warranty and misrepresentation, turning on product performance vis-a-vis explicit representations. Keywords: consumer; design; liability; note; product; risk; supra; supra note
• Corporate Officers Beware — Your Signature on a Negotiable Instrument May Be Hazardous to Your Economic Health by Holland, Tom L. (1980) - Placing this burden on the corporate officer is appropriate, but the burden should be less stringent for corporate checks than for corporate notes. Corporate signatures are made by corporate officers who are authorized to sign negotiable instruments for their corporation.^ When a corporate signature is properly made by authorized corporate officers, the cor- poration will be liable on the instrument.^ Without a proper corporate signature, a court may hold a cor- porate officer personally liable although one or more of the parties to the transaction intended only corporate liability. Keywords: capacity; corporation; court; instrument; liability; note; officer; parol evidence; personal; representative; signature; subsection
• Beyond Enterprise Liability in DES Cases — Sindell by Stewart, Judith A. (1981) - While at first it may seem that this is the same decision which is presented to the plain- tiffs in any lawsuit, it must be emphasized that because courts may find that DES cases do not fit neatly into any of the existing theories of tort liability, 89 the choice of theories by DES plaintiffs may be more critical than is the normal decision.87 Although it may always seem to be the best policy to bring any tort suit under all possible causes of action, DES plaintiffs are disadvantaged because the defendant's actions in manufacturing DES do not fit within any of the traditional categories of liability.89 Because the categorization of a defendant's actions into an existing theory is unclear, the plaintiff would benefit more from a chance to argue the correlation between the facts and a theory of liability than would a plaintiff in a case involving a more standardized fact/liability theory situation. Keywords: cal; court; defendants; des; drug; liability; market; note; p.2d; plaintiff; rptr; sindell; supra; theory
• The Continuing Vitality of Louisville Joint Stock Land Bank v. Radford: Persuasive Authority for Cases Declaring Retroactive Application of Section 522(f) of the Bankruptcy Code Unconstitutional by Magnus, Jane E. (1982) - Kuehner conceded that these were not property rights as in Radford, but maintained nevertheless that the fifth amendment assured him some protection of these rights. 154 The fact that non-purchase money security interests are taken primarly to obtain payment does not make these interests distinct from other property rights for purposes of the fifth amendment.155 Creditors often take security interests as insurance of repayment rather than as a substitute. Keywords: act; bankruptcy; court; note; property; radford; rights; section; security; u.s
• The Causation Problem in Asbestos Litigation: Is There an Alternative Theory of Liability? by Etter, Craig A. (1982) - ** Asbestos plaintiffs generally have been exposed to a wide variety of not generically similar products containing asbestos.*^ The Theory of Product Line Liability Product line liability would be available to asbestos plaintiffs who are unable to identify the particular products to which they were exposed. Keywords: asbestos; asbestos exposure; cal; cases; court; defendants; des; exposure; injury; insulation; liability; litigation; manufacturers; market; market share; note; plaintiff; product; share; supra; theory
• Trademarks and "Look-Alike" Drugs by Stinson, Nina Kathleen (1982) - In the case of drug products, this requirement of prior misconduct may prove very costly.^^^ The underlying goal governing the relationship between brand- name and generic drug products should be the same as with any other product, that is, to let the consumer know what he is receiv- ing. Although the physical appearance of a drug product can create a presumption of the product's identity, the presumption is valid only as long as the strict regulations governing the manufacture and distribution of drug products remain intact. Keywords: alike; brand; cir; co.; color; court; drug; f.2d; generic; inc; laboratories; laws; look; note; pharmacists; product; substitution; supp; supra; supra note; trademark
• The Interpretive Rule Exemption: A Definitional Approach to Its Application by Slaughter, Anne (1982) - [hereinafter cited as Lee Article], 23Professor Davis has always maintained that the legislative authority is the only distinguishing factor between interpretive rules and legislative rules. Although the court briefly mentioned the gray area where it is difficult to distinguish interpretive rules from legislative rules that interpret statutes, the court ignored this dilemma and held the agency action to be an interpretive rule ex- empt from notice and comment proceedings.31 The court claimed to 26 See, e.g., Eastern Ky. Welfare Rights Org. Keywords: agency; agency action; comment; court; effect; impact; note; notice; report; rule; rule exemption; supra; supra note
• The Right of Access and Juvenile Delinquency Hearings: The Future of Confidentiality by Todd, Harry (1983) - Finally, this Note will examine the various statutory schemes on juvenile court access currently being used by the states and analyze how these statutes will have to be revised if the courts extend the right of access to juvenile proceedings. more than half the states this means juvenile trials could be televised. Keywords: access; amendment; amendment right; case; court; criminal; hearings; justice; juvenile; note; press; proceedings; public; right; supra; trial; u.s
• The Alien's Burden of Proof Under Section 243(h): How Clear is Clear Probability? by Healy, Shaun Kathleen (1984) - 4An examination of United States immigration law over the years reveals a variety of concerns, such as the number of aliens allowed in the country at any one time and the social and political backgrounds of the aliens. Accession is the adoption of a particular proclamation into United States laws, and has the effect of binding the United States as if an original party. Keywords: 243(h; act; alien; court; f.2d; immigration; ins; note; persecution; protocol; section; supra
• Resolving the Split: Manipulation in the Age of Musk and the Loss Causation Model by Sprunger, Frederick (2022) - ”95 Standing alone, a dip in stock price “following the revelation of a concealed truth is insufficient to establish loss causation.”96 G. Loss Causation and the Model An overview of economic theory is integral to understanding the principles of loss causation and stock market fraud. Keywords: causation; court; fraud; loss; loss causation; market; musk; note; price; sec; securities; stock; supra; tesla; test
• AIDS-Related Litigation: the Competing Interests Surrounding Discovery of Blood Donors' Identities by Andresen, Denise Clare (1986) - We have found that in a group of blood donors — persons at low risk of HTLV-III exposure and with a low prevalence of infection -— and in a group of gay men who are at high risk of HTLV-III exposure and with a high prevalence of infection with HTLV-III, that the test is highly specific. But see Miller, supra note 23, at 3421 (The American Red Cross questions blood donors about the use of intravenous drugs.). Keywords: aids; blood; court; discovery; disease; donors; florida; information; interest; note; plaintiff; privacy; rasmussen; right; supra; supra note
• The 1978 Hatch Amendment: Attempted Applications Are Failing to Protect Pupil Rights by Fredrick, Paul D. (1986) - The Department of Education has said that Hatch Amendment complaints will be handled on a case-by-case basis with the Department acting as factfinder. In Tinker v. Des Moines Independent Community School Dis- trict,^^^ a case involving high school students who were suspended for 'Keyishian, 385 U.S. at 603 (quoting Sweezy v. New Hampshire, 354 U.S. 234, 250 (1957)). 'Nahmod, Controversy in the Classroom: The High School Teacher and Freedom of Expression, 39 Geo. Wash. L. Rev. 1032 (1971). Keywords: amendment; board; court; department; education; hatch; hatch amendment; note; parents; regulations; rights; school; students; supp; supra; supra note; u.s
• Making Hard Choices Under the Medicare Prospective Payment System: One Administrative Model for Allocating Medical Resources Under a Government Health Insurance Program by Kinney, Eleanor D. (1986) - Eventually, the Office of Management and Budget prevailed in the internicine debate, and the final rule updated fiscal year 1987 payment rates 0.5%.'^« In the context of setting the federal budget, Congress has taken an extraordinarily active role in updating hospital payment rates and thus in making allocation decisions as to how much federal resources should be devoted to hospital care for Medicare beneficiaries. MEDICARE PROSPECTIVE PA YMENT 1181 beneficiaries to challenge the composition of DRG's is specifically pre- cluded by statute, '^^ thus effectively inhibiting the ability of individual beneficiaries and hospitals to challenge effectively the allocation of resources to Medicare hospital services at the societal level. Keywords: beneficiaries; budget; care services; congress; federal; health; health care; hhs; hospital; medicaid; medical; medicare; note; payment; payment system; pro; programs; propac; quality; rates; resources; review; services; supp; supra; system; u.s.c
• Denying Hospital Privileges to Non-Physicians: Does Quality of Care Justify a Potential Restraint of Trade? by Reindl, Gayle (1986) - In addition to individual physicians, non-physician health care providers such as po- diatrists, cHnical psychologists, nurse-midwives, nurse-anesthetists, and chiropractors seek hospital privileges and have legally challenged privilege denials.^ The large number of cases indicates the strength of the competing interests involved.^ For a health professional, access to a hospital is vital to fully practice his profession. Beginning with an overview of group boycott law, this Note discusses the issue of hospital privileges, focusing on specific non-physician groups seeking privileges. Keywords: antitrust; care; cir; court; f.2d; group; health; hospital; hospital privileges; medical; non; note; nurse; physicians; privileges; quality; rule; staff; supp; supra; supra note; u.s
• The Safe-Harbor Interest Rates Under Section 483 of the Internal Revenue Code: A Gift Tax Trap by Benjamin, Jay D. (1987) - § 25.2512-8 (1958). 1987] GIFT TAX TRAP 685 However, if market interest rates are used to value the consideration received by the seller for gift tax purposes, the gift would be computed as follows: Fair market value of property $6000 Less: Value of consideration discounted us- ing a nine percent interest rate [$2245 x 2.531340 =] $5683 Value of gift41 $317 Thus, even if the section 483 interest rate is used to calculate the payments to be received by the seller, a taxable gift will be computed if a higher market interest rate should have been used to value the consideration received by the seller for gift tax purposes. B. Ballard v. Commissioner Ballard v. Commissioner*2 a recently decided United States Tax Court case, illustrates the inequities that result when section 483 applies to a transaction and when market interest rates are used to compute a taxable gift because related parties are involved. Keywords: gift; gift tax; interest; interest rate; market; note; payments; purposes; rate; section; supra; tax; value
• The Place of Broadband Within Equal Education Opportunity by Wright, R. George (2023) - See University of Michigan—Admission Requirements and Acceptance Rate, TURIT O (Mar. 2, 2022) 2023] THE PLACE OF BROADBAND WITHIN EQUAL EDUCATION OPPORTUNITY 523 access to broadband internet access and to any adequate device. The difference between equal educational opportunity and a genuinely adequate or sufficient opportunity is more illusory than real. Keywords: access; broadband; education; equality; inequalities; internet; note; opportunity; school; screen; students; supra; time; use
• VanLife: An Argument to Reconsider the Automobile Exception and Ensure Fourth Amendment Protections for All Citizens by Merritt, Elizabeth (2023) - United States v. Briscoe, decided in 2017, provides an example of a federal trial court drawing the line differently when considering the applicability of the automobile exception to the warrant requirement to an RV.147 Even through the RV was operable, the court focused on the specific facts of the case in reaching their decision that the automobile exception to the warrant requirement did not apply.148 The court emphasized that the RV was not a typical vehicle because it had sleeping quarters, the defendants were not at the wheel during the search, and the officers knew the defendants were living in the RV.149 This court’s decision shows that RVs can be granted Fourth Amendment protections without overruling precedent. Relying on the facts surrounding each vehicle would allow courts to identify vehicles “worthy” of Fourth Amendment protection simply by drawing the line differently.150 Keywords: amendment; automobile; court; exception; fourth; home; note; protections; states; supra; u.s; united; vanlife; vans; vehicle; warrant
• Disregarding Uncertainty, Marginalizing Patients by Gentry, Elissa Philip (2024) - While peer-review is meant to ensure that published studies meet some standard of credibility, it functions as a very poor aid to lay readers in the context of scientific uncertainty. In light of this gap in the ability and incentive to carefully communicate uncertainty, a new entity must synthesize existing data and explicitly state when scientific uncertainty persists. Keywords: benefits; chronic; covid; data; digest; disease; evidence; government; health; illness; illnesses; long; lyme; medical; morgellons; note; patient; physicians; public; research; results; review; risk; studies; study; supra; symptoms; treatment; uncertainty
• NIL Collectives and Title IX: A Proactive Consideration of Title IX's Application to Donor-Driven NIL Collectives by Oliphant, Abigail (2024) - The October Guidelines set out directly what is permissible with respect to institutional involvement in NIL compensation.202 The permissible NIL activities for institutions include engaging collectives to inform student-athletes of opportunities, providing information to student-athletes about NIL collectives, facilitating meetings between donors and NIL collectives, and promoting student-athlete NIL activities.203 The NCAA has clearly permitted institutional involvement in NIL compensation and institutions have “wasted little time throwing their support behind the groups that have become college sports’ key driving force in recruiting. This Note analyzes the application of Title IX to the recent developments in NIL compensation. Keywords: athletes; athletic; benefits; booster; collectives; college; compensation; donor; funding; institutions; ncaa; nil; nil compensation; note; ocr; party; sports; student; supra; supra note; title; title ix; women
• An Alternative Approach to Blanket Drug Schedule: Why Scheduling Xylazine Should Be Left to the States by Destrampe, Adam (2025) - 84 The CSA’s registration provision regulates entities whose businesses involve substances specifically labeled to be included with the CSA. 85 The CSA’s increase in drug regulation and criminalization of illicit drugs marked the beginning of a quarter-century crusade to combat illicit drug use and illegal drug trafficking in the U.S. Through the 1980s and the early 1990s, public and federal attention zeroed in on the prevalence of cocaine use. Since their inception in the early twentieth century, U.S. drug policies and legislation have followed a common theme: Congress imposes harsh penalties for the use/possession of a particular drug, only to later relax drug policies to align with public perception. Keywords: abuse; act; control; csa; drug; fentanyl; government; health; illicit; increase; note; overdose; public; schedule; sentencing; states; supra; u.s; xylazine
• Summary Jury Trials: A "Settlement Technique" That Places a Shroud of Secrecy on Our Courtrooms? by Wade, Angela (1990) - This Note examines the development of summary jury trials, as well as the di- chotomy of the summary jury trial label ~ ''settlement technique v. ''judicial proceeding. Nevertheless, the use of summary jury trials has flourished since its introduction in 1980. Keywords: access; amendment; court; f.2d; general; judge; jury trial; lambros; note; public; right; settlement; summary jury; supra; trials
• On the Justification of Academic Freedom and of Free Speech on the University Campus by Wright, R. George (2025) - Instead, we need claim only that the combined effects of the rise of the less metaethically ambitious approaches to moral knowledge and truth have significantly reduced the dominance of the metaethically more ambitious such approaches. Likely, metaethically realist approaches to moral knowledge and truth are still preeminent, at least among philosophers.37 Our claim is instead that the rise of the various non-realist and broadly post-modernist schools have legitimized, if not facilitated, less metaethically ambitious and now more influential approaches to moral knowledge and truth on campus.38 Keywords: campus; equality; freedom; group; john; knowledge; metaethics; moral; note; persons; realism; relativism; speech; supra; theory; truth; university; virtues
• Exclusion from Medicare: Building a Case for Physicians by Workman, Jill E. (1991) - Because Goldberg afforded due process claimants a full-blown ev- identiary hearing, resurrecting Goldberg as the rule is impractical, albeit appealing. The purpose of the exhaustion requirement is to prevent premature interference with agency processes so the agency may function efficiently and to afford the agency the opportunity to correct its own errors.^' Keywords: agency; court; f.2d; interest; mathews; medicare; note; physician; process; review; supra; supra note; u.s
• Reducing the Federal Docket: An Exclusive Administrative Remedy for Prisoners Bringing Tort Claims Under the Federal Tort Claims Act by Carver Praed, Lori (1991) - As the Federal Tort Claims Act already authorizes the Attorney General to settle claims, theoretically the Attorney General would be delegating authority to another official responsible for prisoner tort claims; thus, the proposed Office of Prisoner Claims would be an extension of the Attorney General's office. [Vol. 24:439 To attain the goal of rendering unbiased, fair, and quick resolutions of prisoner tort claims, the Attorney General will appoint a Claims Officer recognized for wise judgment, objectivity, and integrity, who will be responsible for establishing the Office of Prisoner Complaints. Keywords: claims; congress; court; note; office; prisoner; remedy; states; tort; tort claims; u.s; united
• Anti-Stalker Legislation: A Legislative Attempt to Surmount the Inadequacies of Protective Orders by Woods Jr., Lowell T. (1993) - Consequently, stalking victims who do not know or have only an informal acquaintance with the perpetrator are often outside the reach of protective order legislation. Protection order legislation often provides for temporary relief, which states may make immediately available.^ Keywords: ann; code; legislation; note; order; protection; stalking; stat; supp; supra; victim; west; west supp
• History of the Indiana University School of Law— Indianapolis by Polston, Ronald W. (1995) - 8 William Fishback, dean of the new Indiana Law School, had been the law partner of President Benjamin Harrison. Circular of Information, Indiana Law School, Indianapolis, For The Year 1 894-95 (1 894) Keywords: benjamin; building; dean; division; faculty; faculty minutes; harrison law; indiana law; indiana university; indianapolis; law school; legal; minutes; new; note; professor; program; supra; time; university; university school; william; year
• Passionate Attachments: Reflections on Four Myths of Nationalism by Starr, June (1995) - As the informed world currently witnesses, under the guise of ethnic cleansing, a number of ethnic groups are using military force and the terror of rape, plunder and killing to gain territorial advantage. Intermarriage among ethnic groups has always been common. Keywords: genocide; group; nationalism; note; people; states; united; world
• Legalizing Patent Infringement: Application Of The Patent Exhaustion Doctrine To Foundry Agreements by Carter, R. Trevor (1995) - t/L57 provides a disincentive for patent procurement and creates an uncertainty for companies presently in or entering into patent cross-license agreements. Based upon the ALJ's findings, the Commission concluded that the EPROMs imported by Atmel and GI/M infringed the Intel patents and ordered Atmel Corp. and GI/M to cease and desist from importing EPROMs.^^ Atmel argued that its EPROMs did not infringe any ofthe Intel patents because the EPROMs were made by Sanyo under Sanyo's cross-licensing agreement with Intel and, therefore, the patent exhaustion doctrine provided a defense to Intel's claim of patent infringement.^^ The ALJ addressed the question of the Intel/Sanyo cross-licensing agreement by reasoning: The interpretation ofthe licensing agreement as proposed by Atmel would mean that any company that was unable to obtain a license from Intel but still wanted to make its own parts practicing Intel patents could employ Sanyo as a foundry and circumvent Intel's patents. Keywords: agreement; court; cross; doctrine; foundry; intel; invention; license; note; patent; patent exhaustion; product; sale; ulsi; use
• Recent Developments in Indiana Commercial Law by Greenberg, Harold (1995) - Rather than follow what seems to be the appropriate analytical path, the Followell court said that section 2-207(1) applies to written confimiations of oral contracts and that where confirmation differs materially, no contract is formed. See, e.g., Uniroyal, Inc. v. Chambers Gasket & Mfg. Co., 380 N.E.2d 571, 575 (Ind. Ct. Keywords: acceptance; buyer; contract; court; followell; note; offer; parties; section; seller; terms
• When the Walls Come A Tumblin' Down: A Look at What Happens When Lawyers Sign Non-Competition Agreements and Break Them by Welliver, Daylon L. (1996) - It is well established that non-competition agreements in the employment context are valid as long as they are reasonable. Non-Competition Agreements Among Lawyers The validity of non-competition agreements, as upheld if reasonably limited,^^ does not apply to the same types of agreements among lawyers today. Keywords: agreement; blackburn; clients; competition; contracts; court; interest; lawyer; legal; note; practice; public; rule; services
• Thirty Years of the Journey of Indiana's Women Judges 1964-1994 by Barteau, Betty (1997) - In 1994, that number dropped back to fifteen women members.285 As compared to the number of Indiana women lawyers (16.4%), women doctors (17.5%), women senators (26%), and women representatives (15%), women judges (12.3%) are underrepresented. Questionnaires filled out by Indiana women judges, returned to the Honorable Betty Barteau, Indiana Court of Appeals (1994) (on file with the author) (summary reproduced in 46 INDIANA LAW REVIEW Keywords: admission; appendix; association; attorney; bar; bar association; bench; board; c o; circuit court; co o; community; county bar; county court; court january; court judge; courts; e o; election; family; high; husband; indiana court; indiana judges; indiana judicial; indiana law; indiana state; indiana supreme; indiana university; indiana women; indianapolis; january; judge barteau; judges association; judicial; justice; law practice; law review; law school; legal; male; marion; member; note; number; o o; o u; practice; program; superior court; supra; supra note; supreme court; term; time; trial judge; u u; u.s; university school; vol; woman; women judges; women law; work; years; © o
• The Weakening of the Presumption of Validity for Design Patents: Continued Confusion Under the Functionality and Matter of Concern Doctrines by Church, Steven A. (1997) - However, as one author has accurately concluded, The statutory presumption of validity with respect to design patents appears to be easily overcome through a modicum of evidence and a plethora ofjudicial creativity. At least two studies suggest that the presumption of validity for design patents has been relatively weak.^ Keywords: cir; concern; court; design; design patent; doctrine; f.2d; functional; inc; matter; note; patent; standard; supra
• Mandatory Appointment of Guardians Ad Litem for Children in Dissolution Proceedings: An Important Step Towards Low-Impact Divorce by Murphy-Farmer, Candice M. (1997) - In addition, Article 12 of the United Nations Convention on the Rights of the Child addresses the right of children to have their voices heard, with the assistance of effective legal counsel, in all judicial procedures or administrative hearings affecting them. Indiana Law Review Mandatory Appointment of Guardians Ad Litem for Children in Dissolution Proceedings: An Important Step Towards Low-Impact Divorce Candice M. Murphy-Farmer* Introduction It is a truism that society wishes to protect its children. Keywords: appointment; child; children; court; divorce; family; gal; guardian; interests; note; parents; rights; role; supra; supra note
• The Application of Antitrust Doctrine to the Healthcare Industry: The Interweaving of Empirical and Normative Issues by Blumstein, James F. (1998) - What antitrust courts tend to eschew, however, is the temptation to balance procompetitive values embodied in the antitrust laws with policy objectives other than those associated with competition.^^ If goals related to other policy values are to trump the procompetitive virtues of the marketplace protected by the antitrust laws, the courts have found that only Congress can carve out such an exception to antitrust coverage.^^ This fundamental rule of antitrust law has been applied even to bar a group boycott aimed at disciplining illegal activity.^^ (arguing that the present trend toward market competition is clearly weakening values of our profession.). 2. Keywords: antitrust; blumstein; care; competition; conduct; cost; court; ftc; health; healthcare; hospitals; laws; market; medical; note; price; professional; quality; services; supra; supra note; u.s
• Will NASCAR Have to Put on the Brakes?: The Constitutionality of the FDA's Ban on Brand-Name Tobacco Sponsorship in Motor Sports by Matthews, Scott D. (1998) - Locke stated that with respect to the beneficiaries of tobacco advertising in sports, the fact that tobacco company names and logos appear on television is incidental to the market competition and bears no relation to the 1971 television ad ban. Because it is unlawful for minors to purchase cigarettes, tobacco advertising can appropriately be viewed as encouraging, and thus being 'related to' an illegal activity.'^^ Keywords: advertisements; advertising; amendment; ban; brand; central; children; commercial; court; events; fda; fda regulations; government; hudson; interest; liquormart; nascar; note; number; products; regulations; speech; sponsorship; supra; supra note; tobacco; tobacco advertising; u.s
• Economics and the Individuals with Disabilities Education Act: The Influence of Funding Formulas on the Identification and Placement of Disabled Students by Willard, Theresa M. (1998) - They now provide funds based on a form of census-based funding, whereby the amount of special education funding received by a school district is based on the district's total student enrollment, rather than on the number of students specifically identified for special education services. Since the enactment ofIDEA in 1975 as the Education for all Handicapped Children Act, the number of disabled school children receiving special education and related services has increased by over forty percent. Keywords: children; court; district; education; funding; idea; note; placement; rafael; school; services; supra
• Closing the Doors on Unsupported Speculation: Joiner's, Effect on the Admissibility of Expert Testimony by Moore, Theresa M. (1999) - See, e.g.. 1 999] ADMISSIBILITY OF EXPERT TESTIMONY 3 5 1 impacted the admissibility of expert testimony. The articles discussed the challenging responsibilities imposed upon district court judges to act as a gatekeepers and to assess the validity of scientific expert testimony. Keywords: admissibility; conclusions; court; court judge; daubert; decision; district court; evidence; expert; expert testimony; joiner; judge; methodology; note; plaintiffs; supra; supra note; supreme court; testimony
• Confidentiality of Prescription Drug Information in the Era of Computers and Managed Care by Lo, Bernard (2000) - It also is appropriate for pharmacy benefits management programs and pharmacies to have access to personal health information for billing and payment, quality improvement, disease management, and cost containment. The use of personal health information in pharmacy benefits management is particularly important because of increased pressures to control rising drug costs. Keywords: authorization; benefits; benefits management; care; confidentiality; drug; health; health information; information; management; note; patients; pharmacy; pharmacy benefits; privacy; supra; supra note
• The Impact of the Washington Legal Foundation Cases on Pharmaceutical Manufacturer Practices in the United States by Ascroft, Richard C. (2000) - 2000] WASHINGTONLEGAL FOUNDATION CASES 1 05 article reports the original study on which FDA approval ofthe drug or device in question was based; b) from disseminating or redistributing to physicians or other medical professionals any reference textbook (including any medical textbook or compendium) or any portion thereofpubl ished by a bona fide independent publisher and otherwise generally available for sale in bookstores or other distribution channels where similar books are normally available, regardless ofwhether such reference textbook or portion thereof includes a significant or exclusive focus on uses of drugs or medical devices other than those approved by FDA; or c) from suggesting content or speakers to an independent program provider in connection with a continuing medical education seminar program or other symposium, regardless of whether uses of drugs and medical devices other than those approved by FDA are to be discussed. 23 While the FDA's review process for new product uses has improved, FDA approval still lags behind the availability of the most innovative approaches and therapies. Keywords: court; dissemination; drug; fda; information; label; label information; liability; manufacturer; new; note; pharmaceutical; product; supra; use; uses; wlf
• Rethinking the Federal Reserve System: A Monetarist Plan for a More Constitutional System of Central Banking by Strong, Michael Wade (2001) - See Federal Reserve Bank of Minneapolis, Born ofa Panic: Nor was the system funded by government appropriations.46 Instead, each Federal Reserve Bank, or District Bank, was established as a banking corporation and acquired funds from interest earned on government securities and income provided by the banking industry. Keywords: bank; congress; federal reserve; monetarist; monetary; money; note; ofthe; plan; policy; president; reserve system; states; supra; system; united
• Standing to Appeal: Should Objecting Shareholders Be Allowed to Appeal Acceptance of a Settlement? by Munson, Kenneth J. (2001) - See Kraakman et al., supra note 21, at 1737 (Under the American regime, they [shareholder plaintiffs] are more likely to be attorneys (with nominal shareholders in tow) in search of legal fees/'). If shareholders want to police potentially collusive settlements in derivative actions, intervention is the only * J.D. Candidate, 2001, Indiana University School of Law—Indianapolis; B.A., 1992, Indiana University. Keywords: action; appeal; corporation; court; fees; intervention; litigation; note; settlement; shareholders; standing; supra; u.s
• A Call to Restore Limitations on Unbridled Congressional Delegations: American Trucking Ass'ns v. EPA by Foreman, Alex (2001) - 737 (D.C. Cir. 1971) (widely recognized as an authoritative statement of modern day approach to delegation doctrine). See Aranson et al., supra note 7, at 1 6-1 7 (arguing that the Court's experimentation with delegation doctrine was short lived because of doctrine's requirement that challenged legislation be deemed void). Keywords: agency; american; authority; congress; court; doctrine; epa; nondelegation; nondelegation doctrine; note; power; standards; supra; trucking; u.s
• Are There Procedural Deficiencies in Tax Fraud Cases?: A Reply to Professor Schoenfeld by Lederman, Leandra (2001) - Code section 7522, enacted subsequent to the decision in Greenberg's Express, requires specificity in IRS notices, including notices of deficiency. The notice of deficiency also provides the taxpayer with a ticket to the Tax Court; Tax Court subject-matterjurisdiction over tax deficiency cases requires both a notice of deficiency and a timely responsive petition (generally one that is filed within ninety days ofthe date the notice ofdeficiency was mailed).^^ Keywords: burden; case; cir; comm'r; court; deficiency; evidence; f.2d; fraud; income; irs; note; notice; ofthe; professor; schoenfeld; section; supra; tax; tax court; taxpayer
• Citability and the Nature of Precedent in the Courts of Appeals: A Response to Dean Robel by Cooper, Jeffrey O. (2002) - 1 From October 1, 1999 to September 30, 2000, the federal courts of appeals resolved 79.8% of their merits determinations by unpublished opinion, 2 while unpublished opinions in the state courts numbered in the tens of thousands. I am grateful to the participants in the Symposium, Caught in the Middle: The Role ofState Intermediate Appellate Courts for their thoughtful comments and questions, to Doug Berman for first sparking my interest in thinking about the proper role of unpublished opinions, and to Julianna Plawecki for her superb research assistance. Keywords: appeals; arnold; citation; courts; judge; note; opinions; robel; rules; supra
• Quieting the Guilty and Acquitting the Innocent: A Close Look at a New Twist on the Right to Silence by Van Kessel, Gordon (2002) - The Court also held that a waiver of Miranda rights cannot be involuntary absent official compulsion or coercion and stated that the sole concern of the Fifth Amendment privilege is government coercion. Likewise, the enactment of a more powerful right to counsel during police questioning, which prohibits police interrogation outside counsel's presence, likely would have far greater consequences than does the present prohibition on the jury learning of, or drawing of adverse inferences from, a suspect's refusal to waive Miranda rights. Keywords: cases; counsel; court; criminal; defendant; evidence; guilty; inferences; innocent; interrogation; miranda; note; ofthe; percent; police; pooling; right; seidmann; silence; silence right; silent; speak; statements; stein; supra; suspects; theory; trial; u.s
• The Economics of Post-September 1 1 Financial Aid to Airlines by Blair, Margaret M. (2003) - To the extent that there are network externalities in hub-and-spoke systems, a decline in service into and out of a hub by one airline may have spillover costs to other airlines that serve that hub. But because the upfront costs of establishing a hub can be high, hub operations have generally been assumed to create barriers to entry to other airlines, which some economists believe make it possible for hub-and-spoke operators to charge a hub premium,— a ticket price for trips routed through the hub that is higher than it otherwise would be because oflack ofadequate competition by non hub-and-spoke operators serving that same origin and destination point. Keywords: aid; airlines; airways; america; atsb; atsssa; board; business; chrysler; costs; federal; government; guarantee; hub; industry; loan; note; ofthe; post; september; supra; system; transportation; u.s; united; west
• Exclusion of Terrorist-Related Harms from Insurance Coverage: Do the Costs Justify the Benefits? by Thomas, Jeffrey E. (2003) - One ofthe significant contributions ofLaw and Economics to legal literature has been to illuminate the importance of transaction costs in making normative and policy decisions.^ The importance of transaction costs was brought to light in the seminal work of Ronald Coase, The Problem ofSocial Cost, 3 J.L. & ECON. Keywords: attack; cases; costs; coverage; damages; element; exclusion; insurance; intent; internet; level; losses; note; ofthe; scenario; supra; terrorism; testimony; threshold; total; transaction; transaction costs
• Income Tax as Implicit Insurance Against Losses from Terrorism by Chorvat, Terrence (2003) - That provision exempts from income tax amounts received as disability income attributable to injuries incurred as a direct result of a violent attack which the Secretary of State determines to be a terrorist attack and which occurred while the injured individual was an employee of the United States engaged in performing official duties outside of the United States. For an allied idea that income tax insulates consumption by providing insurance, see Kniesner & Ziliak, supra note 2. 106. Keywords: asset; benefits; government; income; income tax; insurance; losses; note; ofthe; rate; return; risk; rules; supra; tax; taxpayer; terrorism
• Terrorism and Insurance Markets: A Role for the Government as Insurer? by Gron, Anne; Sykes, Alan O. (2003) - Second, even if properly priced government insurance would create some valuable incentives, there is little reason to expect that government insurance would be properly priced. In light of this experience, is there any reason to think that government terrorism coverage would be priced in a way that generated useftil precautions against terror? Keywords: capital; coverage; government; insurance; insurers; losses; market; new; note; policies; premiums; private; risk; terrorism
• Top Level Domain Reorganization: A Constitutional Solution to Legislative Attempts at Internet Regulation by Roberts, David E. (2003) - More importantly, self-regulation is likely to curtail any future attempts of governmental intervention.^' Opponents of Internet regulation should note that if they do not take action to self-regulate, it appears as if Congress will make further attempts to regulate Internet content. Writing for a seven- Justice majority, Justice Stevens stated that the statute was vague, that it would undoubtedly produce a chilling effect on Internet speech, and that it was not narrowly tailored to further the government interest in protecting children from sexually explicit speech. Keywords: access; amendment; community; content; court; dot; government; internet; material; new; note; obscenity; ofthe; organization; regulation; reno; speech; standards; supra; tlds; u.s
• Friend or Foe: The Role of Multidisciplinary Practices in a Changing Legal Profession by Gordon, Kellye M. (2003) - 28 However, the addition of Canons 33 to 35 in 1928 prohibited partnerships between lawyers and members of other professions, and provided that [n]o division of fees for legal services is proper, except with another lawyer, based upon a division of service or responsibility. What 15 forbidden is an integrated practice where a lawyer shares fees with a nonlawyer or enters into a partnership with a nonlawyer to provide clients with legal services. Keywords: aba; client; conduct; lawyer; legal; mdps; model; model rules; nonlawyer; note; practice; professional; rules; services; stark; supra; supra note
• Conserving the World's Forests: Are Protected Areas the Only Way? by Hayes, Tanya; Ostrom, Elinor (2005) - Protected areas also consistently failed to engage in positive relations with the local residents and with indigenous peoples.^^ WWF found that four key threats endanger forest protected areas: poaching, encroachment, logging, and gathering ofnon-timber forest products.^^ In 1999, the World Conservation Union reported on the effectiveness of forest protected areas and concluded that protected areas continue to face threats from human pressures and legal designation does not ensure sustained conservation. Keywords: areas; conservation; density; forest; institutions; management; monitoring; national; note; parks; protection; reserve; rules; studies; study; supra; supra note; users; vegetation; world
• Directors' Liability for Corporate Mismanagement of 401 (K) Plans: Achieving the Goals of ERISA in Effectuating Retirement Security by Weiss, Kimberly Lynn (2005) - , the court analyzed the employee savings plan and the ESOP congruently finding that the allegations that the employer, management committees, officers, and directors had power to appoint, retain, and remove ERISA plan fiduciaries; that they exercised discretionary authority of appointment over management or administration of plans, and that they failed to insure that selected fiduciaries complied with their fiduciary duties, were sufficient 2005] EFFECTUATING RETIREMENT SECURITY 839 inaction, the Plans lost much of their value and thousands ofparticipants were left with uncertain futures. To prevent litigation based on the allegation of de facto control, the board members should appoint only independent plan administrators who are free from any conflicts of interest concerning plan investments. Keywords: 401(k; assets; board; court; directors; duties; duty; employee; enron; erisa; fiduciaries; fiduciary; information; investment; liability; note; participants; plan; plan assets; plan fiduciaries; retirement; section; supp; supra
• Child Abuse Witness Protections Confront Crawford v. Washington by Martin, Laurie E. (2005) - Protection of Child Witnesses in the Supreme Court The Supreme Court has examined several Confrontation Clause challenges to protective measures for child witnesses in child sexual abuse cases. 1 The right to confrontation ofwitnesses by a criminal defendant has long been at odds with the judicial system's desire to protect child witnesses in certain types ofcriminal prosecutions, such as sexual abuse proceedings. Keywords: abuse; child; clause; confrontation; confrontation clause; court; crawford; defendant; face; hearsay; note; statements; testimonial; testimony; trial; u.s; witness
• Will More Sunlight Fade the Pink Sheets? Increasing Public Information About Non-Reporting Issuers with Quoted Securities by Molitor, Michael K. (2006) - This information is easily retrievable because virtually all documents that Exchange Act issuers are required to file with the Commission are available on the Commission' s EDGAR database online, as well as many third-party websites.^^ This requires brokers, dealers, and banks to provide Exchange Act issuers, upon request, with the names, addresses, and securities positions of their customers who are beneficial owners of the issuer's securities, so long as the customers have not objected to that disclosure. Keywords: available; broker; c.f.r; commission; companies; company; disclosure; exchange act; exchange commission; information; investors; issuer; market; nasdaq; note; policy; public; record; regulation; release; reporting; requirements; rule; section; securities; securities act; securities exchange; shareholders; sheets; sheets issuers; statements; stock; subject; supra; supra note
• Taking Back Eminent Domain: Using Heightened Scrutiny to Stop Eminent Domain Abuse by Lang, Michael A. (2006) - By rejecting SWEDA's taking despite SWIDA's findings of public use, the court played a largerjudicial role in public use cases. A. Broad, Deferential Interpretations of Public Use Fail to Protect Private Property Rights Although the Federal Constitution was established to protect individual rights to life and liberty, it was also created to protect private property rights. Keywords: authority; cases; city; condemning; court; domain; government; kelo; land; note; property; public; supra; taking; u.s; use
• Three Strikes You're Out: The Effect and Controversies of the SEC's Attempted Mandate for Greater Independence on Mutual Fund Boards by Thielen Eckerle, Stephanie (2007) - '^ The monetary cost for replacing an affiliated director with an independent director is approximately $400,000 per mutual fund board for the first year, while the cost of changing the board composition to seventy-five percent independent is approximately $650,000 for the first yearJ^^ Although nearly sixty percent of mutual fund boards meet the seventy-five percent independent board requirement, eighty percent of mutual fund boards, which is approximately 3700 funds, will have to elect or nominate a new independent chair. This inherent conflict of interest has led numerous investment advisers to encourage private investors to deposit large sums of money into a mutual fund, thus increasing the mutual funds' assets and the investment adviser' s compensation.^^ The investment adviser then gives the private investor illegal or abusive privileges, such as market timing privileges, which harms other shareholders.^^ Section 17 of the ICA addresses and forbids certain self-dealing transactions in order to reduce the inherent conflict of interest that arises between shareholders and mutual fund investment advisers.^^ Keywords: act; board; chamber; company; directors; fed; fund; governance; independent; investment; investment company; new; note; reg; rules; sec; supra; supra note
• Implementing Rapanos—Will Justice Kennedy's Significant Nexus Test Provide a Workable Standard for Lower Courts, Regulators, and Developers? by Mank, Bradford C. (2007) - The Court concluded that Congress intended that the CWA's jurisdiction be limited to navigable waters and non-navigable waters that have a significant nexus to navigable waters, including wetlands adjacent to navigable waters. 4 SWANCC did not address the Corps' regulation of wetlands near non- navigable tributaries that flow into navigable rivers or wetlands that are not immediately adjacent to navigable waters but have some hydrological or ecological connection to navigable waters. Keywords: act; corps; court; jurisdiction; justice; justice kennedy; mank; navigable; nexus; note; opinion; plurality; rapanos; states; supra; supra note; swancc; test; text; united; united states; waters; wetlands
• University Liability When Students Commit Suicide: Expanding the Scope of the Special Relationship by Moore, Heather E. (2007) - 70 Since the Jain decision in 2000, the following two cases have attempted to place greater responsibility on the university and administrators to prevent student suicide and adopted a more inclusive framework for determining when a special relationship exists. University student services staff and the residence life staff should consider attending suicide prevention conferences where the latest research will be presented and where they will have the opportunity to discuss prevention strategies with other university employees. Keywords: administrators; college; court; elizabeth; health; liability; mental; note; prevention; relationship; shin; student; suicide; supra; supra note; universities; university
• You Can't Win 'Em All: How the NCAA's Dominance of the College Basketball Postseason Reveals There Will Never Be an NCAA Football Playoff by Thieme, Eric (2007) - See generally Law v. NCAA, 134 F.3d 1010, 1024 (10th Cir. 1998) (upholding the permanent injunction against promulgation or reenactment of NCAA rule limiting compensation of certain coaches). 100 Antitrust law and challenges to NCAA rules help explain why the NCAA was able to maintain control and grow the college basketball postseason, yet was unable to have any meaningful presence in the college football postseason. Keywords: basketball; bcs; bowl; college; college football; division; football; game; national; ncaa; nit; note; postseason; rule; schools; supra; teams; tournament
• Resolving the Catch 22: Franchisor Vicarious Liability for Employee Sexual Harassment Claims Against Franchisees by Obermeyer, Sean (2007) - However, over-policing the trademark can easily result in a finding of franchisor liability if a court finds that the franchisor was thereby asserting too much control over its franchisee. '^ Although the broader question of franchisor vicarious liability is beyond the scope of this Note, the ultimate goal here will be more narrow and will focus on the formulation of a more consistent approach towards resolving questions of franchisor vicarious liability for sexual harassment and discrimination claims which are made against franchisees. Keywords: ^^^; agency; agreement; boroian; business; control; corp; court; discrimination; franchisees; franchising; franchisor; harassment; liability; mcdonald; note; operations; relationship; supra note
• Fair Housing and Community Development: Time to Come Together by Julian, Elizabeth K. (2008) - During the Clinton Administration, efforts were made to affirmatively further fair housing when resolving civil rights litigation against federal and local housing agencies, albeit with limited success.^^ These initiatives sought to transform the ghetto conditions in public housing communities, expand housing opportunities by deconcentrating the location of public housing, and create more choices through the administration of the voucher program.^^ Civil rights advocates successfully litigated and argued that continuation of the status quo with regard to low-income housing policy perpetuated prior official segregation and was not only bad policy, but also unconstitutional.^^ Remedies negotiated by the plaintiffs and HUD focused on increasing housing choices and addressing the large public housing projects that were built to segregate and had deteriorated to the point that they blighted communities and destroyed lives. ^° All strongly support one-for-one replacement of any public housing that is demolished and protecting the rights of those currently living in public housing to return to the redeveloped community if they so choose.^^ However, some advocates maintain that HOPE VI is first and foremost a community building program and that any replacement housing must be located back on the original site or in the surrounding neighborhoods, regardless of the history of segregation in the affected community or the desires of those who wish and replacement opportunities provided by a HOPE VI grant to expand housing opportunities for low-income minority families throughout the community, instead using public housing to continue the segregation and containment of low-income minority families in low-income minority communities. Keywords: act; advocates; communities; community; development; fair; housing; income; income housing; low; note; opportunity; people; program; public; race; rights; segregation; supra
• Reflections on the Past, Looking to the Future: The Fair Housing Act at 40 by Powell, John A. (2008) - intent and its use in challenging a Title VIII (Fair Housing Act) action, evidence of this type of predictable adverse outcome may likewise not be sufficient to sustain a Title VIII violation claim. Fair Housing Act.^^^ Keywords: ^^^; act; african; areas; city; fair; foreclosures; homeownership; housing; housing act; income; lihtc; low; metropolitan; neighborhoods; new; note; opportunity; poverty; program; segregation; suburbs; supra
• Foreclosures, Integration, and the Future of the Fair Housing Act by Relman, John P. (2008) - ^^ B. Types ofLoans Made The disparity in foreclosure rates, the complaint argues, is explained by the manner in which Wells Fargo has targeted African-American neighborhoods in Baltimore for improper and irresponsible lending practices.^^ When the real estate bubble burst eariier in 2007, the inevitable occurred, and foreclosure rates began their dramatic rise.^^ Keywords: african; american; baltimore; city; communities; complaint; fargo; fha; foreclosure; housing; lending; loans; mortgage; neighborhoods; note; practices; subprime; supra; wells
• 'We Don't Fish in Their Oil Wells, and They Shouldn't Drill in Our Rivers": Considering Public Opposition Under NEPA and the Highly Controversial Regulatory Factor by Slaten, Emily M. (2010) - The district judge in Anglers applied the traditional interpretation and declined to credit the magistrate judge's finding that significant public opposition met the 9. 5^^40C.F.R. Part I provides an overview of NEPA's history, procedural requirements, and developments, including both the beginnings of the highly controversial factor's traditional interpretation and Tabb's proposal to measure public opposition. Keywords: action; agencies; agency; anglers; eis; environmental; factor; impact; nepa; note; opposition; project; public; supp; supra; supra note; u.s
• Towards Recognizing and Reconciling the Multiplicity of Values and Interests in Trademark Law by Mireles Jr., Michael S. (2011) - One scholar has argued that trademark use is a historical requirement oftrademark infringement; others argue that trademark use should be a requirement for infringement because keyword advertising increases the amount of information available to consumers, thereby decreasing search costs and providing a useful tool to limit trademark actions early.^^^ Other scholars vigorously argue that trademark use should not be used as a limiting doctrine because the concept ofuse in trademark law is anything but clear, and there could be consumer deception in cases involving keywords and Internet searching.^^^ The consumer search cost theory also operates to provide a justification for the literature concerning brand extension generally appears not to support a theory of sponsorship or association confusion in unrelated markets. [hereinafter Dinwoodie & Janis, Trademark Use Debate] ; McKenna, Trademark Use, supra note 14, at 773 ([CJourts can determine whether a defendant has made trademark use of a plaintiffs mark only by asking whether consumers are likely to view the defendant's use as one that indicates the source of the defendant's products or services. Keywords: cases; cir; co.; confusion; consumer; consumer confusion; consumer search; corp; cost; court; defense; dilution; evidence; f.2d; finding; goods; holders; inc; infringement; injunction; interest; interest confusion; likelihood; mark; mark holder; note; ofthe; owner; party; product; protection; public; rev; rights; search; services; strength; supp; supra; supra note; theory; trademark; trademark law; trademark owner; trademark protection; trademark rights; trademark use; use; values
• Renaissance or Retrenchment: Legal Education at a Crossroads by Carasik, Lauren (2011) - L. Rev. 23, 36 (2000) (Although the psychological profile of entering law school students matches that of the general public, an estimated twenty to forty percent leave with some psychological dysfunction including depression, substance abuse, and various stress related disorders,); Kennon M. Sheldon & Lawrence S. Krieger, Does Legal Education Have Undermining Effects on Law Students? Accordingly, the whole enterprise must be deconstructed, from how we recruit and admit law students to how we license them, because the process supports a self-reinforcing and self-perpetuating system and culture that fails to serve our students and the society in which they will operate as professionals. Keywords: ^^^; academy; access; bar; carnegie; class; clients; curriculum; diversity; education; educators; faculty; grades; grading; graduates; impact; indiana law; interest; issues; june; justice; l. rev; l.j; law practice; law professors; law review; law school; law students; lawyering; lawyers; learning; method; news; note; ofthe; practice; pressure; problem; process; professional; professors; programs; public; rankings; reform; renaissance; report; retrenchment; schools; self; skills; supra; supra note; system; teaching; training; u.s; values; vol; women; work; year

• Section 482 and the Aftermath of Foglesong: The Beginning or the End for the Personal Service Corporation by Bailey, Patricia S. (1982) - The conflict between one type of personal service corporation, the professional corporation, and the Service illustrates the attitude of ongoing antagonism. Moreover, they do so in a way which makes it appear cited cases involved non-personal service corporations. Keywords: assignment; binder; business; cch; corporation; court; f.2d; foglesong; income; keller; personal; rep; section; service; service corporation; supp; supra; t.c; tax; transfer; v. commissioner

• Grade Incomplete: Examining the Securities and Exchange Commission's Attempt to Implement Credit Rating and Certain Corporate Governance Reforms of Dodd-Frank by Perry, Tod; Pollard, Randle B (2015) - A. Office of Investor Education and Advocacy The OIEA assists investors by functioning as a liaison between investors and the SEC.13 It represents the interest of investors by providing feedback on proposed SEC rules and regulations, promoting regulations and rules that benefit investors, and analyzing investor problems with certain financial services and products.14 10. The Investor’s Advocate: How the SEC Protects Investors, Maintains Market Integrity, and Facilitates Capital Formation, U.S. SEC. & EXCH. Keywords: act; compensation; credit; disclosure; dodd; exch; financial; frank; office; pay; rating; reform; rules; sec; securities; u.s; wall
• Enforcement of Injunctive Orders and Decrees in Patent Cases by Nemmers, James C. (1973) - With respect to the use of private counsel in criminal contempt cases, the court in Brotherhood of Locomotive Firemen & Enginemen v. United States, 411 F.2d 312 (5th Cir. 1969), observed: As we look objectively at this record there is no doubt concern- ing the genesis of this due process deficiency. Section 401 has been applied to civil contempt proceedings in a number of cases, but the Barco case is apparently the first case in which the issue was specifically raised as to its applicability and constitutionality. Keywords: cases; cir; co.; contempt; court; criminal; f.2d; patent; proceeding; states; u.s; united; united states; v. united
• The Manageability Crisis of Consumer Class Actions: The Severe Example of Eisen III by Kelly, David R. (1973) - (1) As soon as practicable after the commencement of an action brought as class action, the court shall determine by order whether it is to be so maintained. The majority on the court of appeals de- ferred to the policy reasons set out in a prior appeal, which called for a liberal attitude toward class actions under rule 23, especially in cases such as this, in which, due to the small size of the in- Securities Markets, H.R. Doc. Keywords: actions; appeals; case; cir; class; class action; class members; consumer; court; district; district court; eisen; f.2d; f.r.d; members; notice; plaintiff; rule; u.s
• Flood in the Land of Antitrust : Another Look at Professional Athletics, the Antitrust Laws and the Labor Law Exemption by McClleland, Robert W. (1974) - The validity of the contract would be a matter for a separate hearing on the merits but what is important is that player contracts are contracts of personal service and not collective agreements. Certainly the right of a player to sue on his contract would seem apparent if player contracts are viewed as individual con- tracts for personal services. Keywords: agreement; antitrust; association; bargaining; baseball; clause; club; contract; court; football; hockey; individual; labor; league; national; players; professional; reserve; u.s; union
• Criminal Procedure—Search and Seizures by Law Review, Indiana (1974) - '^ The Supreme Court stated that these two concerns could be best served, in the area of consent searches, by applying the standard of voluntariness as developed in those cases dealing with the voluntariness of a de- fendant's confession for purposes of the fourteenth amendment.^'' By using this standard, the Court would look to all of the surround- ing circumstances, as opposed to one specific criterion.^® Thus, the defendant's knowledge of his right to refuse consent is only one factor among many to be considered. The Court further stated that it would look to that body of case law to initially determine the meaning of voluntariness in the context of consent searches. Keywords: consent; court; search; states; u.s; united
• Some Thoughts on the Emerging Irrebuttable Presumption Doctrine by Bezanson, Randall P. (1974) - When fundamental rights are involved, or when discrimination on the basis of suspect cri- teria exists, current equal protection doctrine would prohibit imprecision even if an opportunity to rebut the classificatory pre- sumption were afforded, unless compelling state interests could be identified which would support imprecision.^^ With the demise of Lochner v. New YorJc,^^ it was generally felt that, in most areas of state legislation, overbreadth, even if accompanied by irrebuttable classifications or presumptions, was acceptable within generous bounds of rationality.^^ Only selected areas relating to fundamental rights under the Constitution, such as the right to free speech, needed the greater protection afforded by a requirement that statutory classifications be accurately drawn and narrowly tailored to further important state interests. Keywords: analysis; classification; court; doctrine; presumption; presumption doctrine; protection; statute; u.s
• Failed Experiment: Twombly, Iqbal, and Why Broad Pretrial Discovery Should Be Further Eliminated by Shepherd, George (2016) - A decade later, a81 survey indicated that discovery costs made up between nineteen and thirty-six percent of litigation costs.82 The new wide-open discovery substantially increased costs in another way: by increasing uncertainty. Large average discovery costs hid wide85 variation in discovery costs in individual cases. Keywords: billing; cases; client; costs; court; discovery; discovery process; discovery rules; example; experiment; fee; iqbal; lawyers; litigation; plaintiff; profession; risk; rules; supra note; system; time; twombly; u.s; uncertainty
• A Tribute to Judge John Daniel Tinder by Young, Richard L. (2016) - Chief Judge Young and Judge Tinder served together on the District Court for nine years. His contributions resonate throughout the Southern District of Indiana, from the start of his career until his retirement from the U.S. Court of Appeals for the Seventh Circuit in October 2015.2 In surveying local attorneys and former colleagues for their memories of Judge Tinder during his time as U.S. Attorney and on the bench, a few notable traits came to the forefront: his insistence that justice be done; his civility and kindness; and his enthusiasm for mentoring young lawyers. Keywords: case; court; dist; district; judge; tinder; u.s; young
• CRIMINAL PROCEDURE—Search and Seizure by Law Review, Indiana (1974) - Mindful of society's interests in effective and expeditious law enforcement and the limited intrusion occasioned by investigative stops, the Court also ruled that such stops could be legitimately effected on less than probable cause to arrest.* A recent Indiana Supreme Court decision, Williafiis v. State,' raises the question what, if emy, restraint-s the fourth amendment places on the power of police to make investigative stops of automobiles when a crime has been committed and the detaining officers position themselves along a potential escape route. Keywords: amendment; court; fourth; justice; stop; terry; u.s
• Federal Jurisdiction—Three-Judge Courts by Miller, Jr., Robert L. (1975) - [Vol. 8 This three-judge court did not reach the merits of the plaintiffs* claims of unconstitutionality; instead, it dismissed the complaint, holding that the named representatives of the class, including Gon- zalez, lacked standing to maintain a suit/ Section 1253 establishes a right of direct appeal to the United States Supreme Court from an order of a properly convened three- judge court granting or denying injunctive relief/ Exercising the right he believed was his under section 1253, Gonzalez appealed the action of the three-judge court to the Supreme Court. This Act was called the Judges' Bill because it was drafted by a committee of Supreme Court justices. Keywords: appeal; court; gonzalez; judge; judge court; supreme; supreme court; u.s
• The Right of Non-Citizens to Bear Arms: Understanding "The People" of the Second Amendment by Farris, Justine (2017) - Given the opportunity, the11 T enth C ircuit then dodged the question by declining to make the broader determination of whether illegal aliens are entitled to Second Amendment rights and instead upheld § 922(g)(5) under intermediate scrutiny. After finding17 the defendant satisfied this criteria, the court nevertheless upheld § 922(g)(5),18 finding Congress had a strong enough interest in “prohibiting persons who are difficult to track and who have an interest in eluding law enforcement” to restrict Second Amendment rights in such a manner.19 This Note argues that the phrase “the people” contained within the Second Amendment includes all non-citizens within the United States, even those who have not “developed substantial connections as a resident in this country.” Keywords: aliens; amendment; circuit; citizens; court; fourth; heller; non; people; right; states; u.s; united states; urquidez; verdugo
• Constitutional Law—First Amendment by Podgor, Ellen S. (1975) - In Bigelow v. Virginia,3 the Court expanded the scope of the pro- tected rights of the first amendment by redefining commer- cialism to exclude advertisements which contain factual mate- rial of clear 'public interest/ 4 On February 8, 1971, the Virginia Weekly5 contained an advertisement for Women's Pavilion, a New York City abortion referral and placement center. 4895 S. Ct. at 2236. 1975] RECENT DEVELOPMENT 897 leads one to the conclusion that advertisements pertaining to pros- titution and drugs might pass muster under the Court's standard. Keywords: advertisement; amendment; commercial; court; u.s; virginia
• Redlining: Potential Civil Rights and Sherman Act Violations Raised by Lending Policies by Doehrman, Thomas C. (1975) - REDLINING 1046 Redlining: Potential Civil Rights and Sherman Act Violations Raised by Lending Policies I. Introduction Redlining is the policy of lending institutions either to ex- clude certain geographic areas from consideration for home mort- gages and rehabilitation loans or to vary the terms and condi- tions of such loans. §3605 provides: Discrimination in the Financing of Housing After December 31, 1968, it shall be unlawful for any bank, build- ing and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or main- taining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, religion, or national origin of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other finan- cial assistance is to be made or given: Keywords: act; business; chicago; cir; city; co.; court; discrimination; f.2d; housing; institutions; lending; loans; property; redlining; rights; section; states; u.s; united
• Standing To Sue in Private Antitrust Litigation: Circuits in Conflict by Swider, David L. (1977) - F. Sixth Circuit Notwithstanding that few standing cases have come out of the Sixth Circuit,^^ ^ recent decision has established the circuit as a pioneer in the modern search for new approaches to private antitrust standing to sue. Finally, to gain an understanding of the problems with which the courts today are faced in dealing with the standing issue and the remotely injured claimant we need only look to a recent decision^^^ of the Tenth Circuit in which the court expressed its futile position in applying section 4 of the Clayton Act, We must confess at the outset that we find antitrust standing cases more than a little confusing and certainly beyond our powers of reconciliation. Keywords: antitrust; approach; area; circuit; co.; corp; court; f. supp; f.2d; inc; injury; standing; supp; target; u.s
• An Introduction to the Federal Sentencing Guidelines by Papa, Jeff; Kashman, Chris (2018) - AN INTRODUCTION TO THE FEDERAL SENTENCING GUIDELINES 363 the Court had long recognized that not every fact bearing on a defendant’s punishment need be charged, submitted to a jury, and proven beyond a reasonable doubt.62 She noted that the Court had refrained from establishing a bright-line rule for deciding that certain facts must be treated as an element of the offense despite a legislature’s choice not to do so.63 Justice O’Connor claimed that the Majority opinion was unsupported by existing case law and had little basis in the Constitution.64 She also warned that the decision in Apprendi would lead to an unsettling effect in sentencing that would “unleash a flood of petitions by convicted defendants seeking to invalidate their sentences in whole or in part” based on this decision.65 Justice O’Connor was correct in that prior U.S. Supreme Court jurisprudence had allowed sentencing similar to that which Apprendi had received under New Jersey law. The Court also reiterated the deference due the trial courts as they impose sentences after reviewing the Guidelines.103 The trial court had sentenced Gall to three years of probation, even though the Guidelines called for a minimum sentence of thirty months in prison.104 The Eighth Circuit Court of Appeals reversed, holding that a sentence outside the Guidelines must be supported by “extraordinary” circumstances, which it did not find in this case.105 The U.S. Supreme Court reversed the Court of Appeals, stating that while a trial court judge must seriously consider the Guidelines and explain any departure in sufficient detail, appellate review of sentencing under Booker is to be limited to determining whether the sentence was reasonable.106 Reasonableness is to be determined using an abuse of discretion standard and appellate courts may not require a finding of extraordinary circumstances.107 The U.S. Supreme Court determined that the Court of Appeals should have reviewed the case under an abuse of discretion standard and should have given due deference to the District Court’s “reasoned and reasonable decision” in this case.108 Keywords: court; crime; criminal; guidelines; judge; jury; maximum; sentence; sentencing; u.s
• Torts— Judicial Immunity by Curry, David S. (1978) - nEx parte Virginia, 100 U.S. 339 (1879) (judicial immunity not a defense in criminal action where judge given no discretion by statute). As pointed out by the dissent in Stump, the proposition that immunity only ap- plies to the performance of judicial acts was emphasized seven times by the Bradley Court. Keywords: act; cir; court; f.2d; immunity; judge; jurisdiction; u.s
• Entire Case Removal Under 1441(c): Toward a Unified Theory of Additional Parties and Claims in Federal Courts by Ireland, Marilyn J. (1978) - Indeed, diversity as a general source of access to the federal courts is disfavored by reformists who seek to limit or even abolish diversity as a general grounds for federal court jurisdiction. One rule governs federal question cases that arise under the Constitution, laws and treaties of the United States.^ Keywords: case; claims; court; diversity; federal; jurisdiction; parties; question; removal; section; u.s
• Reasonable Cause for the Late Filing of Estate Tax Returns by Hubbard Kennedy, Diane (1978) - As a result, he spent very little time in his office, where two assistants managed routine work but did not prepare estate tax returns. i 1978] ESTATE TAX RETURNS 631 background, and knew the due date,®^ Keywords: attorney; cir; court; estate; estate tax; f.2d; return; t.c.m; tax; tax return; u.s; v. commissioner
• Examining the Policies for Applying the Criminal Defendant Privilege to Removal Actions by Hartman, Michael R. (1980) - Although courts and scholars have devoted considerable attention to analyzing the underlying policies of the self-incrimination privilege, generally, they have ignored the justification for an additional privilege for criminal defendants. These societal objectives are naturally implicated without the need for an intricate weighing process in criminal actions, which are primarily punitive in nature. Keywords: action; civil; court; defendant; defendant privilege; privilege; proceeding; removal; u.s
• Navigational Servitude — Taking of Property Under the Fifth Amendment by Ruhtenberg, Joan M. (1980) - ^ At common law, the public right of access to navigable waters was two-fold: the public right of navigation in waters that were navigable in fact and the public right of fishing in waters that were subject to the ebb and flow of the tide.^ Dominion over bodies of water in the United States was unsettled until 1842 when the Supreme Court in Martin v. WaddelP declared that navigable waters and the land under them were held prior to the American Revolution by the King as a public trust and that after the Revolu- tion the people of each state held the absolute right to all their navigable waters and the soils under them for their own common use. This doctrine of sovereign dominion precluded private owner- ship of navigable waters and the submerged beds under them and gave title to the individual states.^ Federal power over navigable waters depends entirely upon con- gressional authority under the commerce clause and not upon federal title to the water or the land below. Keywords: aetna; court; kaiser; power; servitude; states; u.s; united; waters
• Nonstatutory Witness Immunity: Evidentiary Consequences of a Defendant's Breach by Stommel Jr., Raymond R. (1981) - Because com- pulsion is absent in nonstatutory immunity agreements the eviden- tiary protections afforded a witness under statutory immunity are not necessary for nonstatutory immunity. This interpretation effectively equates the evidentiary consequences of a defendant's breach of statutory and nonstatutory immunity grants.*^ Such a result, however, fails to take into account the essential difference between statutory and nonstatutory immunity; that is, the lack of compulsion in nonstatutory immunity agreements implies that the evidentiary protections afforded a witness under statutory immunity are not ap- plicable to nonstatutory immunity.' Keywords: agreement; court; defendant; immunity; statements; states; u.s; united; witness
• The Effect of Title VII on Black Participation in Urban Police Departments by Mills, Alan K. (1981) - 3. Analyze cases brought under the pre-Title VII statutes, because Title VII standards were often used in ad- judicating these cases; 4. Analyze the legislative history of and cases brought under Title VII; and 5. L. No. 92-261, 86 Stat. 103 (1972) (amending Civil Rights Act of 1964). 1981] BLACK PARTICIPATION 951 challenging urban police department employment practices were analyzed under Title VII standards. Keywords: black; cir; court; discrimination; employment; examination; f.2d; impact; job; police; race; requirement; section; test; title; title vii; u.s; vii
• Does the First Amendment Incorporate a National Civil Service System? by Steed, David W. (1981) - Indiana Law Review Does The First Amendment Incorporate A National Civil Service System? I. Introduction The practice of political patronage in which government employ- ment is based upon political affiliation rather than individual merit is as old as the republic' Before 1976, political patronage employees could be dismissed solely on the basis of political affiliation. Judicial Interpretation of the Branti Prohibition of patronage Practices • Cases interpreting the changes resulting from Branti have generally fallen into one of two categories: (1) cases which have recognized the expansion of public employee rights under Branti; and (2) cases in which Elrod-Branti immunities are not available. Keywords: amendment; branti; court; elrod; employee; justice; party; patronage; position; rights; standard; u.s
• Algorithm Patentability after Diamond v. Diehr by Fuller III, Roland A. (1982) - Furthermore, the Court stated that it did not intend to freeze process patents to old technologty]. This statement, at first glance, appears to ignore an important distinction: the Supreme Court has limited patentable processes to those which transform an article to a different state.^** Keywords: algorithm; claim; computer; court; diehr; patent; process; section; u.s
• Developments in Intellectual Property Law: October 1, 2017-September 30, 2018 by Carter, R. Trevor; Hayden, Leslie B.; Dodge, Reid E. (2021) - Cir. 2015), and held that determinations made by the PTAB regarding the one-year time bar and whether to institute inter partes review are appealable.140 A. Background With the passage of the Leahy-Smith America Invents Act (“AIA”) in 2011, Congress created inter partes review and other post-grant proceedings in order to provide an efficient alternative to litigation for third parties to challenge the patentability of issued claims.141 The two most pertinent provisions from the AIA in this case are § 314(d), which provides that “[t]he determination by the Director whether to institute an inter partes review under this section shall be final and nonappealable,”142 and § 315(b), which provides that “[a]n inter partes review may not be instituted if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner, real part in interest, or privy of the petitioner is served with a complaint alleging infringement of the patent. OIL STATES V. GREENE’S ENERGY GROUP, LLC In April 2018, the Supreme Court issued a highly-anticipated 7-2 decision in Oil States Energy Services LLC v. Greene’s Energy Group, LLC upholding the constitutionality of the inter partes review process for patents.7 The Court found that inter partes review does not violate Article III or the Seventh Amendment.8 A. Background The America Invents Act of 2011 created the inter partes review process as a means for reexamining the validity of previously-issued patents.9 An inter * R. Trevor Carter is a partner with the law firm Faegre Baker Daniels LLP in Indianapolis, Indiana. Keywords: circuit; court; decision; federal; inter; inter partes; justice; partes; partes review; patent; review; states; u.s
• Remedy Without A Right: Board of Education v. Pico by Kreuscher, Janice E. (1983) - The courts seem to be torn between a personal dislike of content-based removal of books 3 and a reluctance to intervene in policies set by local elected officials.4 When the United States Supreme Court granted certiorari in Board of Education v. Pico 5 last year, followers of school library cases hoped that a decision might provide guidelines, definitions, and clarity. Although such a finding is not unusual in school library cases, it is unusual in a Supreme Court decision involving the first amendment. Keywords: board; books; cir; comm; court; f.2d; right; school; school board; supp; u.s
• ABSCAM: Time for the United States Supreme Court to Clarify the Due Process Defense by Maloy, James P. (1983) - The court reversed the defendant's conviction because it found that the degree of DEA involvement with the criminal enterprise was so outrageous that due process principles foreclosed any prosecution.59 Although Twigg seems to hold that the government violates due proc- ess when it instigates a crime without any probable cause to believe that the defendant is already involved in criminal activity, an over- whelming majority of federal courts reach a contrary result.60 There- fore, Twigg remains valid authority only for the narrower holding that due process is violated when the government instigates a crime without probable cause and provides extensive assistance to the criminal to complete the crime.61 Because the probable cause factor has been discounted in this area, the emphasis is obviously on whether the government's participation rose to the level of outrageous assistance. [Vol. 16:581 due process defense will ever be extended successfully to crimes of political corruption. Keywords: abscam; agents; cir; court; crime; defendant; entrapment; f.2d; government; process defense; states v.; u.s; united states; v. united
• Tibbs V. Florida: The Weight-Sufficiency Distinction Gains Too Much Weight by Turner, James L. (1983) - ^In Burks, the Court stated: The Clause does not allow the State ... to make repeated attempts to convict an individual for an alleged offense, since (tjhe constitutional pro- hibition against 'double jeopardy' was designed to protect an individual from being subjected to the hazards of trial and possible conviction more than once for an alleged offense. [hereinafter cited as Comment, Double Jeopardy]. Keywords: court; defendant; evidence; jeopardy; states; trial; u.s; united; united states; weight
• The Feres Doctrine: Should It Apply to Atomic Veterans' Children? by Hulbert, Sharon L. (1983) - The govern- ment could compensate the soldiers through the Act, and the children through court actions. Washington Post, Aug. 11, 1982, at A12, col. 2. Congress recently enacted an amendment to the Veterans' Benefit Act that may make the servicemen's recovery for radiation exposure injuries easier. Keywords: children; court; f.2d; feres; ftca; government; injuries; radiation; recovery; servicemen; u.s; united; united states; v. united; veterans
• In-house Corporate Counsel and Retained Attorneys: Should the Courts and Administrative Agencies Distinguish Them? by Kapouralos, Mark A. (1985) - U.S. Steel Corp. v. United States A. Facts The dilemma in the important U.S. SteeP^ decision comes into focus when reviewing the statutory evolution involved. U.S. Steel Corp. v. United States, 569 F. Supp. Keywords: attorneys; c.i.t; case; counsel; court; discovery; f.2d; house; house counsel; information; rule; states; steel; trade; u.s; united
• The Limitations Period for Title I of the LMRDA: Protection of the Union Member's Civil Rights by White, Ellen Marie (1988) - [Vol. 21:587 considered necessary for union democracy.^ The Act is designed to guarantee every union member equal rights protection, freedom of speech and assembly, rights involving dues, initiation fees and assessments, protection of the right to sue and safeguards against improper disciplinary action/ The LMRDA also allows union members to seek redress in federal court when unions encroach upon those enunciated rights.^ Although Congress provided aggrieved union members with a private cause of action, it failed to enact a statute of limitations for these actions. Title I, labelled the union member's Bill of Rights, provides protection of individual union member rights 'Labor Management Reporting and Disclosure Act (LMRDA) § 101, 29 U.S.C. § 411 (1982). Keywords: civil; claims; court; f.2d; labor; limitations; limitations period; member; period; rights; statute; title; u.s; union
• Is Justice Kennedy the Supreme Court's Lone Advocate for the Coercion Element in Establishment Clause Jurisprudence? An Analysis of Lee v. Weisman by Caress, Timothy C. (1993) - *' Accordingly, Blackmun's sole disagreement with Justice Ken- nedy's reasoning is that Kennedy requires that coercion be present and Blackmun does not.^ Blackmun stated that [a]lthough our precedents make clear that proof of government coercion is not necessary to prove an Establishment Clause violation, it is sufficient. Therefore, it is evident that Kennedy is likely to be thoughtful and practical when determining whether a challenged practice crosses the line from being merely offensive or ir- ritating to being an impermissible form of government coercion of religion. Keywords: clause; coercion; court; establishment; government; justice; kennedy; lee; religion; test; u.s
• A Comment on Congressional Enforcement by Prakash, Saikrishna (1998) - No reason exists for deferring to congressional constructions of the clause granting Congress authority to ban the counterfeiting of money93 and similarly, no reason exists to defer to Congress with respect to the Fourteenth Amendment's meaning or application. Accordingly, Congress' authority to issue patents along with the rest of Article I, Section 8 (save Clause 1 8) are much better candidates for deferential judicial or executive review than is legislation passed pursuant to Section 5 or the Necessary and Proper Clause. Keywords: amendment; authority; congress; const; deference; enforce; enforcement; fourteenth; judiciary; legislation; section; u.s
• Chipping Away at the Stone Wall: Allowing Federal Courts to Impose Non-Compensatory Monetary Sanctions upon Errant Attorneys Without a Finding of Contempt by Neibarger, Greg (2000) - Although it is a strategy that may well assure a defense victory if permitted to go unchecked, this Court will not allow such tactics to tip the scales ofjustice.^ This Note, in accordance with the conclusions of courts with similar viewpoints,^ suggests imposing non-compensatory monetary sanctions upon attorneys, without requiring a finding ofcontempt, as an appropriate sanction for the sort ofdiscovery abuse that Judge Stevens found intolerable. I 2000] CfflPPING AWAY AT THE STONE WALL 1047 opted for more severe sanctions than non-compensatory monetary sanctions. Keywords: cir; contempt; counsel; court; discovery; district; district court; f.2d; failure; finding; order; party; process; rule; sanctions; u.s
• ERISA's Preemption Clause: Progress Towards a More Equitable Preemption of State Laws by Pittman, Larry J. (2001) - If other states follow Texas' lead by enacting statutes that control the standard of care that managed care organizations provide to beneficiaries, beneficiaries will have another level ofneeded protection against negligent medical treatment even when they obtain treatment under ERISA benefit plans. 261 However, given the dual role that managed care organizations play in providing medical care to beneficiaries under ERISA benefit plans, the court recognized that it would not always be easy to determine the exact role that a managed care organization was playing at the time of its alleged negligent conduct. Keywords: benefits; care; claims; congress; court; decision; enforcement; equity preemption; erisa; erisa plan; erisa preemption; federal; field preemption; health; health care; hmo; law claim; law review; laws; liability; malpractice; ofthe; physicians; plans; preemption clause; presumption; provisions; quality; regulation; section; state court; state law; state regulation; travelers; treating; treatment; u.s; utilization
• Compelled Disclosure of Independent Political Speech and Constitutional Limitations by Witold Baran, Jan (2002) - Because the disclosure provision could be interpreted to reach groups engaged purely in issue discussion, and the government's informational interest was predicated purely on discerning electoral support for political candidates, the Court was concerned that the relation ofthe information sought to the purposes of[FECA] may be too 21. 30 The Court also observed that the constitutionally protected discussion of issues includes the discussion of political candidates, [f]or the distinction between discussion of issues and candidates and advocacy of election or defeat of candidates may often dissolve in practical application. Keywords: advocacy; buckley; candidates; cir; court; disclosure; interest; speech; u.s
• Public Funds and the Regulation of Judicial Campaigns by Briffault, Richard (2002) - The argument that judicial candidate speech codes would reform, not distort, judicial election campaigns is straightforward as well. Recent court cases narrowing judicial candidate speech codes in order to protect First Amendment rights are consistent with the 1 990 Model Code of Judicial Conduct, which precludes only pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office!,] • • • statements that commit or appear to commit the candidate with respect to cases, controversies or issues that are likely to come before the court Keywords: campaign; candidate; code; condition; court; funding; funds; government; limit; ofthe; public; speech; spending; statements; u.s
• In Civilian Dress and with Hostile Purpose The Labeling of United States Citizens Captured on American Soil as Enemy Combatants: Due Process vs. National Security by Simmons, JaredA. (2004) - The Court stated that to allow the President to seize control of the steel mills in direct contradiction of congressional action would disrespect the whole legislative process and the constitutional division of authority between President and Congress. 34 The Court did not accept the President's claim that the powers vested in him by the Constitution allowed him to seize the mills. The judges are appointed by the Chief Justice ofthe United States Supreme Court. Keywords: combatant; court; enemy; government; individual; military; padilla; power; president; process; review; states; u.s; united; war
• You Have the Right to Remain Silent: A Case for the Use of Silence as Substantive Proof of the Criminal Defendant's Guilt by Romantz, David S. (2005) - See infra Part IV.A (noting federal courts prohibiting the use of pre-Miranda silence). Instead, the Court concluded that the admissibility of a defendant's post- arrest, pre-Miranda silence is controlled by the rules of evidence, not the Constitution. Keywords: amendment; arrest; case; court; defendant; fifth; government; miranda silence; miranda v.; police; pre; right; silence; states; trial court; u.s; united; use
• The Implications of EEOC v. Waffle House: Do Settlement and Waiver Agreements Affect the EEOC's Right to Seek and Obtain Victim-Specific Relief? by McNiel, Jason A. (2005) - may apply to EEOC claims. Thus, the Court argued that applying state statutes of limitations to EEOC actions would undermine the EEOC's duty to conciliate and frustrate the intent of Congress in creating the enforcement scheme. Keywords: arbitration; court; discrimination; eeoc; eeoc v.; employee; house; relief; specific; u.s; victim; waffle; waffle house
• True Believers?: Problems of Definition in Title VII Religious Discrimination Jurisprudence by Mroz, Susannah P. (2005) - While incurring extra costs to secure a replacement for [the plaintiff] might remove the necessity of compelling another employee to work involuntarily in [the plaintiffs] place, it would not change the fact that the privilege of having Saturdays off would be allocated according to religious beliefs. In summary, Seeger professed religious belief and religious faith. Keywords: analysis; belief; court; definition; discrimination; employee; employment; mat; plaintiff; religion; seeger; supreme; title; title vii; u.s; union; vii; welsh
• In Booker's Shadow: Restitution Forces a Second Debate on Honesty in Sentencing by Wilson, Melanie D. (2006) - [wje see no reason why we should not find that this is also true under the MVRA.); United States v. Rostoff, 164 F.3d 63, 71 (1st Cir. 1999) (The nature of restitution is penal and not compensatory.); United States v. Bruchey, 810 F.2d 456, 461 (4th Cir. 1987) (finding that criminal restitution is fundamentally 'penal' in nature); United States v. Brown, 744 F.2d 905, 909 (2d Cir. 1984) Ofcourse, an appeal often is taken from the J&C. On appeal, criminal restitution orders receive varying levels ofreview depending on the type ofappeal. Keywords: amendment; apprendi; booker; cir; circuit; court; criminal; defendant; jury; mvra; offense; order; punishment; restitution; sentencing; states v.; u.s; united states
• Classification of Enemy Combatants and the Usurpation of Judicial Power by the Executive Branch by Maslowski, Michelle (2007) - He has no monopoly of 'war powers,' whatever they are. Current infringements on judicial power may lead to future infringements. Keywords: classification; combatants; congress; court; detention; enemy; executive; padilla; powers; president; states; u.s; united; war
• The Paradox of Inclusion by Exclusion: The Accommodation of Religion in the Public Schools by McDowell, Kevin C. (2007) - The U.S. Supreme Court has not determined a constitutional infringement based upon political divisiveness alone but has required a showing of a direct subsidy to religious schools or colleges in order to warrant inquiry into political divisiveness. While the U.S. Constitution does not sanction government hostility towards religion,^ there is a belief by some that public schools are increasingly hostile to one faith tradition—Christianity.^ Keywords: ^^^; board; clause; court; district; establishment; islam; plaintiffs; public; religion; school; students; u.s
• Should You Leave Your Laptop at Home When Traveling Abroad?: The Fourth by Alzahabi, Rasha (2008) - Specifically, this section argues that laptop border searches are inconsistent with the traditional rationales that justify the border search exception; that the search of a laptop is more than a relatively limited intrusion; and that travelers' strong privacy interests in their laptops outweigh the government's interest in conducting suspicionless laptop border searches. 122 Because all of the reasons justifying the border search doctrine are usually framed in terms of who and what may enter the country, 123 these justifications do not apply to suspicionless laptop border searches. Keywords: amendment; border; border search; court; fourth; laptop; privacy; routine; search; searches; states; suspicion; u.s; united
• Why Can 't Property Transfers Resolve an Establishment Clause Problem? The Divide Between the Ninth and Seventh Circuits After Buono v. Kempthorne by Calhoon, Victoria R. (2009) - This description of the effect prong was used by the district court in Buono I. Buono v. Norton (Buono I), 212 F. Supp. AFTER BUONO V. KEMPTHORNE 197 procedural background of Buono IV and the three previous Buono cases. Keywords: buono; buono cross; buono iv; cir; circuit; city; clause; court; cross; establishment; government; lemon; marshfield; memorial; monument; test; transfer; u.s
• Teachers' Sexual Harassment Claims Based on Student Conduct: Do Special Education Teachers Waive Their Right to a Harassment-Free Workplace? by Thompson, David (2009) - As a resuh of this ambiguity, courts did not begin to recognize sexual harassment as a type of sex discrimination prohibited by Title VE until the late 1970s.^^ The first type of Title VII sexual harassment claims courts recognized was Quid pro quo (QPQ) sexual harassment. ^^ ^° The second type of sexual harassment claim courts recognized was HWE sexual harassment.^^ Hostile work environment was first recognized in the form of racial discrimination.^^ Li Rogers v. EEOC,^^ the Fifth Circuit reasoned that Title VII prohibited discriminatory working environments that could destroy the emotional and psychological stability of minority employees; thus, statutory protection extended beyond economic or tangible discrimination.^'^ Keywords: ^^^; claims; conduct; court; harassment; hwe; inc; mongelli; mongelli court; school; sexual; supp; teachers; title; u.s
• The Problematic Application of Title VII's Limitations Period in the Pay Discrimination Context: Ledbetter v. Goodyear, the Ledbetter Fair Pay Act, and an Argument for a Modified Balancing Test by Wright, Jonathon (2009) - Accordingly, in so-called deferral states, which have relevant state or local laws giving state agencies primary jurisdiction in Title VII discrimination claims, the applicable charge must be brought within 300 days of the unlawful act to be timely. 6. See, e.g., Ledbetter v. Goodyear Tire & Rubber Co., 421 F.3d 1 169, 1182-83 (1 1th Cir. 2005) (finding Title VII plaintiffs may not base pay discrimination claims on pay decisions occurring before the last pay decision affecting the plaintiffs pay during the limitations period), ajfd, Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007), superseded by statute, Lilly Ledbetter Fair Pay Act of 2009, Pub. Keywords: act; court; decision; discrimination; employment; ledbetter; limitations; limitations period; pay; pay discrimination; period; title; u.s; u.s.c; vii
• Recalling What Congress Forgot: Ledbetters Continuing Applicability in FHA Design-and-Construction Cases and the Need for a Consistent Legislative Respons by Boren, Laura Katherine (2010) - This is especially true in FHA cases, given the common codified in scattered sections of 29 and 42 U.S.C.); Widiss, supra note 15, at 544. 268. 274 Therefore, it is likely that courts will continue to apply Ledbetter as shadow precedent in FHA suits. Keywords: act; congress; construction; court; design; discrimination; fair; fha; garcia; housing; ledbetter; limitations; majority; practice; statute; u.s
• Developments in Intellectual Property Law by Brown, Christopher A. (2010) - For patent claims to be properly supported, the specification in the patent must contain a written description of the invention, and of the manner and process of making and using it, in such fiill, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or 94. *^^ The court's treatment in the present analysis focused on what a component is, and finding that while method claims can have components, they are steps or actions and not tangible items like chemicals or device parts. Keywords: bilski; circuit; claims; court; matter; patent; process; pto; subject; test; transformation; u.s
• A Case of Doubtful Certainty: The Court Relapses into Search Incident to Arrest Confusion in Arizona v. Gant by Dery III, George M. (2011) - Indiana Law Review A Case of Doubtful Certainty: The Court Relapses into Search Incident to Arrest Confusion in Arizona v. Gant George M. Dery IIF Introduction The Supreme Court has long recognized the need to craft clear rules to guide police in their daily work because the Fourth Amendment cannot control officers who do not understand it.^ In New York v. Belton, a case in which the Court enabled police to search as incident to arrest the passenger compartment of an arrestee's vehicle,^ the Court expressed wariness of a highly sophisticated set of rules, qualified by all sorts of ifs, ands, and buts and requiring the drawing of subtle nuances and hairline distinctions because such laws may be 'literally impossible ofapplication by the officer in the field. '^ 5e/^o«'s practical concern in forming a workable rule led the Court to a generalized rule that all passenger compartments fell within search incident to arrest. ^ Despite such an effort at clarity, search incident to arrest—at least in the vehicle context—became a doctrine divorced from its reasonable moorings. Keywords: arrest; arrestee; belton; case; court; evidence; gant; justice; officers; ofthe; police; rule; search; search incident; states; u.s; united; vehicle

• Medicare Provider Reimbursement Disputes: Mapping the Contorted Borders of Administrative and Judicial Review by Cressler, Douglas E. (1988) - Recent figures indicate that the average acute-care hospital receives twenty- eight percent of its revenue directly from Medicare.^ Yet obtaining some form of review of the regulations and decisions relating to payment issues has proved to be difficult for Medicare providers. The following sections touch briefly on the major themes which emerge from an assimilation of case law interpreting the jurisdictional parameters of Medicare provider initiated litigation. Keywords: board; cir; cost; court; determination; f.2d; judicial; medicare; provider; reimbursement; report; review; secretary; supp; u.s.c
• Federal Court Jurisdiction Over USDA/ASCS Cases: How and In What Courts Farmers Can Seek Review of USDA Denials of Their Subsidy Payments by Pires Jr., Alexander J.; Bagoly, Shelley L. (1991) - Generally, ninety-nine percent of all ASCS cases involve farmers who are denied participation and monies well in excess of $10,000 (typical cases are in the $50,000 to $250,000 range).^^ It has been the authors' experience that during the past four years the government has filed a motion to dismiss alleging lack of subject matter jurisdiction by reason of the Tucker Act in all suits brought in United States district courts. Conclusion Obtaining relief in United States Claims Court can be difficult. Keywords: claims; claims court; court; district; government; jurisdiction; relief; review; states; united
• Executive Oversight of Administrative Rulemaking: Disclosing the Impact by Gilhooley, Margaret (1991) - *' Part of the supporting rationale for oversight is coordination of agency policies in areas of overlap. ' Although courts no longer assume a partnership role with respect to agency policy decisions, they overturn agency decisions based on the hard look standard endorsed by the Supreme Court in State Farm. 20. Keywords: administration; administration policy; administration position; agencies; agency; agency decision; agency policy; agency position; decision; disclosure; executive; omb; order; oversight; oversight process; policy; position; process; public; review; rule; supra note
• Taking Ethical Discretion Seriously: Ethical Deliberation as Ethical Obligation by Levine, Samuel J. (2003) - ^^ Instead, Strassberg insists that [i]f we are to have legal ethics, it must be compatible with the existence of ethical rules. Simon razes to the ground the current structure of ethical rules and their presuppositions. Keywords: analysis; case; client; codes; conduct; confidentiality; convict; decision; deliberation; disclosure; discretion; ethics; justice; lawyer; life; model; model rules; ofthe; professional; rev; review; rules; simon; strassberg; supra note; view; zacharias

• Risk of Loss Under the Uniform Commercial Code by Williams, Stephen L. (1974) - More specifically, the seller is required to tender conforming goods and give the buyer any notification reasonably necessary to enable him to take delivery. A parallel reading with paragraph (a) would require the seller to comply with the requirements of shipment under a destination contract as set forth in section 2-503.^^ To make a proper tender of delivery pursuant to this section, the seller is required to tender conforming goods and to give the buyer any notification reasonably necessary to enable buyer to take de- livery.^^ Keywords: bailee; buyer; code; contract; delivery; goods; loss; risk; section; seller; subsection
• Chapter 11 Zombies by Henry, Sally McDonald (2017) - Other priority claims include certain taxes, some deposits, and74 75 76 claims arising from personal injuries caused by intoxicated drivers.77 C ongress believes that these priorities are so important that a debtor cannot confirm a reorganization plan unless priority claims are to be paid in full, in cash, unless the holder of the claim agrees to a different treatment. D. Del. 2006) (approving settlement between creditors’ committee and secured creditor in Chapter 11 case that was anticipated to be converted to a Chapter 7 case; settlement skipped priority creditors to earmark proceeds of settlement for general unsecured creditors even though estate causes of action were being settled). Keywords: b.r; bankruptcy; case; chapter; circuit; claims; code; corp; court; creditors; debtor; dismissal; distribution; equality; estate; holding; inc; jevic; order; plan; priority; priority rules; property; rules; settlement; treatment; u.s.c
• Family Income Shifting Within the Subchapter S Corporation by Spillers, Paul (1976) - SUBCHAPTER S INCOME SHIFTING 501 II. ^^Caplin, Subchapter S vs. Partnership: A Proposed Legislative Program, 46 Va. L. Rev. 61, 81 (1960). 1976] SUBCHAPTER S INCOME SHIFTING 507 stock in a bona fide transaction.^* Keywords: code; commissioner; corporation; family; income; rev; shareholder; stock; subchapter; tax
• Determining the Constitutionality of the Bankruptcy Code "Opt-Out" Provision: A Critical Look at In re Sullivan by Richmond, Richard C. (1982) - Under the 1867 Act, Congress merely adopted state exemption laws as they existed in 1864, amending the law in 1873 to reflect state exemptions as they stood in 1871. Finally, this Note briefly discusses the consequences of the del- egation issue for the constitutionality of state exemption laws under the supremacy clause. Keywords: act; bankruptcy; code; congress; court; delegation; exemptions; moyses; opt; power; provision; states; uniformity
• Article 9 of the Indiana Uniform Commercial Code in Transition by Keirn, Edward A. (1987) - The may, of course, suggests that the secured party has the option of complying with either the Old Indiana UCC or the New Indiana UCC. '^Notwithstanding section 42, however, section 9-404(1) of the New Indiana UCC expressly applies to a financing statement covering consumer goods . . . On the other hand, such language should not be construed to require the use of New Indiana UCC ter- mination statement forms in connection with Old Indiana UCC trans- actions. Keywords: code; financing; indiana ucc; interest; new; new indiana; party; perfection; section; security; statement; supp
• Why Courts Should Refuse to Enforce Pre-Petition Agreements That Waive Bankruptcy's Automatic Stay Provision by Bassin, William (1994) - Very few courts have enforced pre-petition agreements that purport to grant a creditor instant relief from the automatic stay in a future bankruptcy proceeding. 6 To avoid initiating the descent down the slippery slope of enforcing pre-petition waivers of Bankruptcy Code provisions, bankruptcy judges should ignore the existence of pre-petition agreements and employ their broad equitable powers to grant relieffrom the stay for causes that will exist if the creditor truly deserves such relief. Keywords: agreement; b.r; bankruptcy; bankruptcy court; code; court; creditor; debtor; petition; pre; relief; stay

• The Legal History of Zoning for Aesthetic Purposes by Law Review, Indiana (1975) - In 1905, the New Jersey Court of Appeals, in Passaic v. Patterson Bill Posting, Advertising, & Sign Painting Co.7 characterized aesthetic zoning as a luxury, referring to aesthetic considerations as matters of indulgence rather than as matters of necessity. Many courts have, however, grad- ually recognized the applicability of aesthetic zoning to a general welfare clause or have allowed aesthetics as a secondary justifica- tion in upholding an ordinance if a more traditional basis can be found. Keywords: app; city; considerations; court; health; new; ordinance; property; public; safety; value; welfare; zoning
• Big Tech's Tightening Grip on Internet Speech by Dickinson, Gregory M. (2022) - On this much, Justice Thomas is surely right: Social media platforms have become so central to individual identity and participation in society that many now view online speech as a right of citizenship.19 True, Twitter and Facebook are private entities; participation on their platforms is entirely voluntary; and they retain ultimate discretion to ban users or content. Social media platforms may be new, but concentrated private control over important resources is not a new phenomenon. Keywords: app; content; facebook; free; google; jan; media; n.y; online; parler; platforms; social; speech; tech; times; twitter
• Lawsuit For Sale: An Analysis of the Assignability of Legal Malpractice Claims by Seamands, Rebecca J. (1991) - Michigan pro- hibits the assignment of legal malpractice actions and allows the as- signment of legal malpractice judgments. Arguments advanced by courts opposing the assignability of legal malpractice actions are described in Section III, and the arguments in support of these assignments are identified in Section IV. Keywords: action; app; assignee; assignment; assignor; attorney; cal; claim; client; court; judgment; malpractice; nonclient
• The Americans with Disabilities Act of 1990: Overview and Analysis by Kidwell, Brent Edward (1993) - 170 5: Limitations.—As in other ADA provisions, a public entity need not take any action that fundamentally alters the nature of the service, benefit, or program, or which imposes an undue financial or admin- istrative burden. This evaluation is limited to those services, policies, and practices that may not or do not meet ADA requirements. Keywords: accommodation; act; ada; app; c.f.r; disabilities; disability; discrimination; employer; employment; entity; facility; individual; job; pac; person; program; public; services; supp; u.s.c
• A Picture is Worth a Thousand Words-The Permissible Scope of Discovery of Videotape in Civil Cases: A Bifurcation Approach by Ogden, Patricia L. (1995) - The bifurcation approach outlined in Fisher v. National R.R. Passenger Corp. reflects the most well-reasoned way to analyze the need for videotape discovery. 111 Thus, in assessing the plaintiffs stated needs for the non- evidentiary tapes, the court held that denying access to the tapes would not unduly prejudice the preparation of plaintiffs case or cause him any hardship or injustice, 112 as required to overcome work product immunity. Keywords: app; corp; court; defendant; discovery; evidence; evidentiary; f.r.d; inc; need; plaintiff; product; surveillance; trial; videotape; work
• Homeowners Insurance: A Way to Pay for Children's Intentional—and Often Violent—Acts? by Muse, Cynthia A. (2000) - For instance, Allstate Insurance Company sometimes includes the word reasonably and therefore does not cover bodily injury that may reasonably be expected to result from intentional acts of an insured person.^' The impact of adding the word reasonably to the policy Danne W. Webb, Intentional Acts and Injuriesfor Purposes ofInsurance Coverage, 52 J. Mo. B. 41,41-42(1996). However, case law is inconsistent with regard to whether homeowners insurance policies cover intentional acts committed by minor insureds. Keywords: act; acts; app; cause; co.; court; coverage; fire; injury; insurance; insured; intent; minor; n.w.2d; policy; year

• Missing Judge Tinder by Wood, Diane P. (2016) - Another leading case in which Judge Tinder wrote for the court was Sweeney v. Pence, which considered the legality of Indiana’s 2012 Right-to-Work law.9 Opponents of the legislation brought an action in federal court in which they asserted that the law was preempted by the National Labor Relations Act and10 violated both the Federal and the Indiana Constitution. Judge Tinder served as an active judge on the Seventh Circuit Court of Appeals from December 21, 2007, through February 18, 2015. Keywords: case; court; judge; tinder
• Recent Developments in Indiana Family Law: October 2019 to September 2020 by Seidler, Rena; Labonte, Katherine (2022) - The Indiana statutes and published appellate cases surveyed in this Article concern property division upon divorce, parenting time, child custody and child support, Child(ren) in Need of Services (“CHINS”), grandparent rights, as well as the termination of parental rights, spousal maintenance, and jurisdiction and procedure. In the first, the possible grandmother of three children appealed a trial court decision to grant the father’s motion to modify an existing custody and child support order.52 Keywords: case; child; court; decision; father; mother; trial court
• The Joint Participation Exception to the Marital Testimonial Privilege: Balancing the Interests "In Light of Reason and Experience" by McKinley, James Calvin (1986) - Rather, our action should be understood as reflecting the view that the recognition of a privilege based on a confidential relationship and other privileges should be determined on a case-by-case basis. Privileges have been traced to the Roman law where the basis for excluding testimony was twofold. Keywords: case; court; exception; f.2d; joint; privilege; spouse; states; united; united states
• Judge Young -- An Appreciation by Falk, Ken (2024) - However, as a lawyer who has appeared before Judge Young in many cases for many years and has both lost and won cases in his courtroom, I believe that I can be both objective and properly laudatory, as Judge Young is entitled to praise from the Bar. I want to stress that the same clarity of decision-making is present in cases where Judge Young ruled against clients represented by our office. Keywords: case; judge; young
• Recent Developments in Chapter 12 Bankruptcy by Schneider, Susan A. (1991) - Bankruptcy court decisions that have addressed this issue include: In re Un- derwood, 87 Bankr. Many bankruptcy court decisions of significant impact were published and not appealed. Keywords: act; bankr; bankruptcy; case; chapter; claim; contract; court; debtor; f.2d; farming; fmha; interest; rate; value
• Shifting Burdens and the Americans With Disabilities Act: Why McDonnell Douglas Should Apply to the ADA by Ogden, Timothy A. (1995) - The court acknowledged that although the McDonnell Douglas standards were originally developed for Title VII cases, it is probably appropriate to apply them to ADA cases and Schartle has suggested the use of the McDonnell Douglas factors in this case.'^ In R.G.H. the court noted that despite the defendant's suggestion that it may not be appropriate, the Court concurs with the widespread practice of allowing disability discrimination plaintiffs to attempt to prove their case by way of the McDonnell Douglas shifting-burden method. Keywords: act; ada; burden; case; cir; court; disability; discrimination; douglas; employer; evidence; facie; mcdonnell; mcdonnell douglas; plaintiff; prima; reason; supp
• Title VII and Reverse Discrimination: The Prima Facie Case by Whiteside, Janice C. (1998) - The Fourth, Fifth, Eighth and Eleventh Circuits and some district courts do not require additional proof for reverse discrimination plaintiffs. These courts allowed reverse discrimination plaintiffs to fulfill the first element of the prima facie case by stating class membership. Keywords: action; background; case; circumstances; court; discrimination; discrimination plaintiff; facie case; mcdonnell; plaintiff; prima; prima facie; requirement; title; vii
• 1997 Federal Civil Practice and Procedure Update for Seventh Circuit Practitioners by Maley, John R. (1998) - (citing People Who Care v. Rockford Bd. of Education, 1 1 1 F.3d 528, 527-28 (7th Cir. 1997) (statistical study inadmissible under Daubert)); Sheehan v. Daily Racing Form, 104 F.3d 940, 942 (7th Cir. 1997); Tyus v. Urban Search Management, 102 F.3d 256, 263-64 (7th Cir. 1996) (district court erred in excluding expert testimony on effectiveness of advertising); United States V. Hall, 93 F.3d 256, 263-64 (7th Cir. 1996) (district court erred in excluding psychologist's and psychiatrist's testimony concerning false confession). Further, where a party settles a case merely for the nuisance value of the claim, district courts may find in their discretion that the plaintiff is not a prevailing party. Keywords: case; counsel; court; district; expert; federal; judge; judgment; parties; plaintiffs; rule; summary
• 1998 Bankruptcy Law Update for Seventh Circuit Practitioners by Ogden, Timothy A. (1999) - The trustee brought similar challenges in other bankruptcy courts throughout Illinois, and those challenges resulted in orders similar to the one at issue here. * However, it may be even more likely in bankruptcy cases involving closely held corporations because the players' roles may be less distinct: [T]he same person can be an owner of a company, its creditor and, as in the instant case, its employee as well.^^ Keywords: agreement; bankruptcy; bankruptcy court; bergner; case; court; debtor; geraci; insiders; section
• Blaming the Mirror: The Restatements and the Common Law by David Adams, Kristen (2007) - It is a particularly valuable skill in dealing with common law, but less necessary in the age of statutory domination). Oliphant expressed his concern that, in restating the law, the Institute would necessarily make the body of common law appear more consistent and logical than it is. Keywords: american law; case; change; courts; criticism; economics; friedman; indiana law; judges; justice; law institute; law reform; law review; law school; lawyers; legal; mirror; movement; new; pound; process; project; public; realism; restatement movement; restatements; rules; scholars; states; study; supra note; system; theory; time; way; wechsler; work

• The Negligent Infliction of Emotional Distress: A Critical Analysis of Various Approaches to the Tort in Light of Ochoa v. Superior Court by Quay-Smith, Nana (1986) - The Ochoa court ignored the unsettled debate as to the best approach in mental distress cases and the conflict in its own case law. The California Conflict — The Aftermath of Dillon and the Ochoa Decision Dillon became the basis for an entire line of mental distress cases. Keywords: cal; court; dillon; distress; impact; injury; mental; plaintiff; rptr; rule
• Pre-trial Discovery of Trial Preparation Materials Prepared, and Non-testifying Experts Retained, in Anticipation of Prior Litigation by Hull, Andrew W. (1988) - After final judgment, discovery orders are reviewable on appeal but are frequently moot or subject to the broad discretion afforded trial courts in discovery matters. Indiana adopted discovery rules on July 1, 1971, which were taken from the 1967 Proposed Amendments to the Federal Rules of Civil Procedure.^' Keywords: anticipation; court; discovery; experts; facts; litigation; opinions; party; rule; trial
• Developments in Professional Responsibility by Jackson, Donald L. (1988) - In re Morton, 504 N.E.2d 279 (Ind. 1987) (attorney committed misconduct by commingling client and attorney funds, by failing to account for client funds, and by failing to pay the funds over to the client); Midland-Guardian Co. v. United Consumer Club, Inc., 499 N.E.2d 792 (Ind. Ct. These segregation and accounting requirements were in Disciplinary Rule 9-102, which has been superseded by Indiana's version of the Model Rules of Professional Conduct.^ The Stanton II court stated that the segregation and accounting requirements of Disciplinary Rule 9- 102(A) **are not applicable to attorney fees charged in advance for the performance of legal services.^ Keywords: advance; attorney; bar; client; court; defendant; disciplinary; fees; funds; rule
• The Fraud on the Market Theory: A "Basic"ally Good Idea Whose Time Has Arrived, Basic Inc. v. Levinson by Thomas, Rosemary J. (1989) - '^ In particular, Rule lOb-5'^ provided broad language with which to carry out the purpose of protecting market investors from the types of activities, namely fraud and manipulation, that nearly brought the country to the brink of economic disaster during the last years of the 1920's. The hypothesis developed from the random walk model,^^ that is, that market prices will fluctuate randomly and be independent of prior changes. ^^ Keywords: basic; court; f.2d; fraud; information; lob-5; market; market theory; reliance; rule; securities; theory
• Lawyer Ethics and the Corporate Employee: Is the Employee Owed More Protection Than the Model Rules Provide? by Tate, Kathryn W. (1990) - Part III then examines the conduct permitted by the Model Rules in an attorney's dealings with corporate employees. The existence of these corporate realities—that individuals must act for the corporation and that those individuals can be the corporation's scapegoat—provide the bases for perennial potential con- flicts of interest between corporate employees and the corporation. Keywords: attorney; cir; client; client relationship; comment; conflict; consent; corporation; counsel; employee; ethics; f.2d; individual; information; interests; lawyer; model rule; notes; relationship; representation; rule; states; supp; supra note; text; united
• Redefining the New Value Exception to the Absolute Priority Rule in Light of the Creditors' Bargain Rule in Light of the Creditors' Bargain by Meyer, Derek J. (1991) - 1991] NEW VALUE EXCEPTION 421 impaired class of creditors. 1991] NEW VALUE EXCEPTION 419 nineteenth century under the law of equity receiverships when many of the railroads' capital structures were reorganized. Keywords: bankruptcy; court; creditors; equityholders; exception; priority; rule; superclass; value; value exception
• Interlocutory Appeal of Attorney Sanctions: In Search of a Standard by Kemm, Lawrence R. (1992) - The interlocutory appeal of attorney sanction orders presents a conflict between the principles underlying the final judgment rule and one of the exceptions to the rule, the collateral order doctrine. In particular, the collateral order doctrine is examined as the dominant theory upon which the interlocutory appeal of attorney sanction orders are decided. Keywords: appeal; attorney; cir; court; f.2d; faith; order; process; rule; sanction
• A Role for "Expert Arbitrators" in Resolving Valuation Issues Before the United States Tax Court: A Remedy to Plaguing Problems by Crimm, Nina J. (1992) - The purpose of this Article is to measure and address some of the problems and influences that accompany the use of partisan expert witnesses in United States Tax Court (Tax Court) litigation involving valuation issues and to propose a possible remedy to the problems. Next, the Article addresses difficulties that have long emanated from the use of partisan expert witnesses at trial. Keywords: arbitrator; cases; court; expert; expert witnesses; parties; rule; share; tax; tax court; valuation; witnesses
• Striking Back at "Extortionate" Securities Litagation: Silicon Graphics Leads the Way to a Truly Heightened and Uniform Pleading Standard by Dorelli, Michael A. (1998) - Second Circuit courts require plaintiffs to specifically identify alleged internal reports, providing names and dates.179 The Conference Committee's deletion ofthe Second Circuit standard from the final bill 'strongly militates against ajudgment that Congress intended a result that it expressly declined to enact.' Keywords: act; circuit; congress; court; fraud; inference; marksman; motive; opportunity; pleading; reform; rule; scienter; securities; standard; test
• Court-Appointed Expert Panels: A Comparison of Two Models by Butler Reisinger, Karen (1998) - 140 However, results of some cases and studies support the increased use of appointed expert panels to render scientifically oriented fact determinations. 105 Scholars offer additional reasons for caution in using appointed experts under Rule 706. Keywords: cases; court; daubert; evidence; expert; fed; judge; jury; litigation; order; panel; parties; party; process; rule; supra note; testimony; trial; use
• Discoverability of Opinion Work Product Materials Provided to Testifying Experts by Klopfenstein, Christa L. (1999) - '^^ Other courts ordering discovery of opinion work product materials provided to testifying experts tend to focus more heavily on the argument that disclosure of opinion work product material provided to an expert is necessary for effective cross-examination of the expert. ^' Proponents for protection of opinion work product materials shared with expert witnesses stress the need for privacy and the free exchange of ideas in developing litigation strategy. Keywords: attorney; court; disclosure; discovery; expert; f.r.d; inc; materials; opinion; opinion work; party; product materials; rule; work product
• 1999 Developments in Federal Civil Practice for Seventh-Circuit Practitioners by Maley, John R. (2000) - One of the most frequent errors in Seventh Circuit practice—and thus one ofthe most common bases for sanctions on appeal—is Seventh Circuit Rule 30(c). C. Length ofBriefs in Multi-Party Appeals Under Seventh Circuit Rule 33, when multiple parties with identical interests 62. Keywords: circuit; court; evidence; facts; judge; judgment; material; motion; party; rule; seventh; statement; summary

• A Senator's Recollection of the Financial Crisis by Bayh, Evan (2015) - No reform in the history of financial markets has ever accomplished that. The meeting was off-the-record and the discussion confidential but it has subsequently been publicly reported that Paulson and Bernanke said they would be proposing legislation to allow the government to buy “troubled assets” from financial institutions and urged its immediate passage.4 “Unless you act, the financial system of this country and the world will melt down in a matter of days,” Secretary Paulson was quoted as saying.5 Keywords: act; auto; crisis; dodd; economic; financial; frank; government; industry; times
• Administrative Law by Law Review, Indiana (1973) - The conten- tion that rulings are not precedents and are not relied upon in future Service rulings proved unconvincing. Private rulings consist of letter rulings and determination letters. Keywords: act; court; exemption; f.2d; information; public; revenue; rulings; service; tax
• Lying Lawyers and Recumbent Regulators by Best, Arthur (2015) - 339, 348 (2011) (arguing that attorney advertising has had a major detrimental effect on the negative reputation of lawyers; although appropriate lawyer advertising can serve the legitimate goal of providing the public with information, this must be balanced with the interest of protecting the public from misleading information that demeans the legal profession); Chester N. Mitchell, The Impact, Regulation and Efficacy of Lawyer Advertising, 20 OSGOODE HALL L.J. 119, 125 (1982) (arguing that legal advertising does not undermine the legal profession; studies show that people with previous experience with lawyers have a higher regard for them; for that reason, greater public contact with lawyers will predictably increase the overall public regard for the profession); Robert D. Peltz, Legal Advertising-Opening Pandora’s Box?, 19 STETSON L. REV. 43, 114 (1989) (arguing that although there are many reasons for the legal profession’s public image problem, attorney advertising has played a great role); Edward D. Re, The Causes of Popular Dissatisfaction with the Legal Profession, 68 ST. JOHN’S L. REV. 85, 100 (1994) (arguing that although lawyer advertising has contributed to the perceived commercialism of the legal profession, the connection between lawyer advertising and the erosion of the profession is weak; few attorneys engage in self- deception); Roy M. Sobelson, The Ethics of Advertising by Georgia Lawyers: Survey and Analysis, 6 GA. A concom itant fear has2 been that it may be difficult to regulate the accuracy of lawyer price advertising because legal services may not be uniform enough to have prices that lawyers can advertise honestly. Keywords: act; advertising; appendix; attorney; bankruptcy; cases; clients; consumer; fee; fees; firm; infra; infra appendix; lawyers; practices; price; public; rev; rules; services; stat; trade
• From Birth Control to Eagle Feathers: How the Fifth Circuit Incorrectly Applied the Supreme Court's Reasoning in Burwell v. Hobby Lobby to Eagle Feathers by Little, Elizabeth M. (2015) - The court rejected the government’s argument that the122 unique relationship between the government and federally recognized tribes justifies granting religious exceptions only to these tribes.123 After “assuming” that protecting eagles and the relationship of the government and federally recognized tribes were compelling interests, the Fifth Circuit found that the government failed to demonstrate “that there are no other means of enforcement that would achieve the same goals.” A person wishes to participate in a religious ceremony by possessing eagle feathers. Keywords: act; circuit; court; eagle; eagle protection; exception; feathers; government; grace; hobby; indian; interest; protection; tribes
• Consumer Product Safety Act : Risk Classification and Products Liability by LaMacchia, John T. (1975) - Moreover, the first part of the definition of a substantial product hazard implies that not all violations of product safety rules, which are instituted to eliminate unreasonable hazards, create substantial product hazards; rather, only those violations which create a substantial risk of injury rise to the level of substantial product hazard. However, since it is likely that for the vast majority of consumer products there will be no applicable product safety rules, it is important to consider the kinds of defects which will bring a product within the second category of substantially haz- ardous products. Keywords: act; co.; commission; consumer; consumer product; court; defect; evidence; hazard; injury; product; product safety; risk; safety; section
• Bank Holding Company Regulatory Experience Since 1970 by Masten, John T. (1975) - In United States v. Philadelphia National Bank™ and United States v. First National Bank & Trust Co., 11 the Court ruled that bank mergers (and by extension, bank holding company acquisitions) approved by fed- 5Act of May 9, 1956, ch. 240, §2(a), 70 Stat. 133. The purpose of this Com- ment is to examine the Federal Reserve's role as regulator of bank holding companies since 1970, when one-bank organizations were added to the multi-bank firms already subject to its juris- diction. Keywords: acquisition; act; bank; banking; board; bull; companies; company; competition; concentration; deposits; fed; market; percent; res
• Real Estate Settlement Procedures Act of 1974 by Suess, Sheila (1975) - First, the lender must provide every mortgage loan applicant at the time of the application with a booklet pre- pared and distributed to lenders by HUD.'^ The booklet discusses the provisions of the Act, the reasons for its passage, and the various steps involved in settlement. Finally, the loan will be covered by the Act if the lender makes, or invests in, residential real estate loans aggregating more than $1 million a year. Keywords: act; disclosure; lender; loan; settlement; supp
• Federal Clean Air Policy: Its Uncertain Foundations by Browning, Clifford W. (1977) - The report was designed to summarize existing evidence on the nature, type, and extent of air pollution health effects, and to present the general principles connected with the establishment of scientific and medical recommendations in the development of air quality criteria.^® Indiana Law Review IVote Federal Clean Air Policy: Its Uncertain Foundations The Clean Air Act Amendments of 1970* proposed a significant change in the federal policy of air pollution control. Keywords: act; air; air pollution; air quality; clean; cong; control; criteria; effects; health; pollution; public; welfare
• The Future of the Federal District Courts by Steckler, William E. (1978) - On February 28, 1978, a bill to abolish diversity of citizenship as a basis of federal district court jurisdiction was passed by the House of Representatives. They also had appellate jurisdiction over civil district court cases involving up to $50 in con- troversy, and admiralty cases in which the amount in controversy exceeded $300. Keywords: act; bill; cases; civil; courts; district; district courts; jurisdiction; jury; magistrates; states; system; united
• The NLRB in Search of a Standard: When is the Discharge of a Supervisor in Connection With Employees' Union or Other Protected Activities an Unfair Labor Practice? by Frommer Brod, Gail (1981) - See, e.g., former Member Truesdale's statement in DRW Corp.. 248 N.L.R.B. 828, 93 L.R.R.M. 1506 (1980) that Pioneer Drilling is the first in the line of supervisor discharge cases. This result was not envisioned by Congress, as the Fifth Circuit Court of Appeals has recognized in a recent decision, N.L.R.B. v. Southern Plasma Corp.^^ Quite apart from whether the outcome of the Board's decision making in supervisor discharge cases can be reconciled with con- gressional intent is the issue of whether the Board's approach in such cases emphasizes factors which promote the fair administration of the Act and which are based on realistic expectations about human behavior. Keywords: act; activities; board; cases; discharge; employees; employer; inc; l.r.r.m; labor; n.l.r.b; section; supervisor; union
• Labor Law by Archer, Edward P. (1985) - Through this distinction the court restricts employee access to arbitration to only those cases in which the Commission finds merit court's affirmance of an arbitration award in favor of employees who were required to attend daily meetings without overtime compensation. In Indiana Veteran's Home, decided by the same court with the same judge writing for the court as in Rockville, the court addressed the authority of an arbitrator to make an award in favor of state employees when the employees' complaint involved merit raises. Keywords: act; arbitration; commission; complaint; court; decision; employee
• Third Party Insurer Liability in Title VII Discrimination Actions: A Resolution Against Liability by Holly, Douglas W. (1985) - In addition, the Note will explore the impact of the McCarran-Ferguson Act on insurer liability. The Note will demonstrate that all questions of insurer liability under Title VII should be precluded by the Act. Keywords: act; agent; brush; business; court; employer; f.2d; insurance; insurer; liability; spirt; title; title vii; vii; wooster
• Trademark Infringement and Profit Remedies in View of Romag v. Fossil by Gonzalez, Laine (2022) - Furthermore, because the Supreme Court struck down the “willfulness” requirement but held that mental state was still important, courts may choose to incorporate a variety of mental culpability standards into their profit remedy tests.110 For example, since the Court did not give an indication of a uniform level of intent that would be appropriate to warrant profit damage, according to at least one commentator, possible mental states (besides those mentioned by the Court in Romag v. Fossil) that could be found and included in lower court tests include gross negligence, subjective recklessness, and knowledge.111 Previously in a trademark infringement and false advertising case that discussed disgorgement of profits, the First Circuit held that in order for a defendant’s action to be held as a willful one, the defendant must have either (1) been consciously aware of their wrongdoing or (2) their conduct is “objectively reckless” when compared to reasonable behavior.112 v. Tour 18 I Ltd., 155 F.3d 526, 554 (5th Cir. 1998); Synergistic Int’l, LLC v. Korman, 470 F.3d 162, 176 (4th Cir. 2006); Laukus v. Rio Brands, Inc., 391 F. App’x 416, 424 (6th Cir. 2010). [Vol. 55:139 receive profit damages.7 On the other side of the split, certain circuit courts held that willfulness is merely one of many factors to be considered in the determination of profit damages.8 These courts held that willfulness is not a necessary prerequisite for obtaining profit damages, as no such mental state is explicitly specified in the statute’s language.9 Further adding to the confusion, in 1999 Congress amended the language of the Lanham Act and further specified that in order to obtain profit remedies, a violation under § 43(a) (15 U.S.C. § 1125(a)), or a willful violation under § 43(c) (15 U.S.C. § 1125(c)) of the Lanham Act must be established.10 However, notably, the amendment did not alter the original language that allowed for profit remedies in the case of a violation under § 43(a), and it also did not touch the following clause stating that such remedies were subject to “the principles of equity.”11 Keywords: act; circuit; co.; court; fossil; inc; profit; remedies; romag; test; trademark; u.s.c; willfulness
• Indiana's Living Wills and Life-Prolonging Procedures Act by Kolb, Jeffrey B. (1986) - §§ 82-3801 to -3804 (1977); California Natural Death Act, Cal. §§ 15-18-101 to -113 (Supp. 1985); Delaware Death with Dignity Act, Del. Code Ann. tit. 16, §§ 2501-2509 (1982); District of Columbia Natural Death Act of 1981, D.C. Code Ann. Keywords: act; declarant; declaration; life; living; physician; procedures
• Religious Civil Rights in Public High Schools: The Supreme Court Speaks on Equal Access by Duncan, Richard F. (1991) - In reaching this conclusion, the Garnett court placed great weight on the * im- pressionability of high school students, compulsory attendance laws **that make students a captive audience, and **the role of public schools in inculcating democratic ideals. [of] public school students who desire voluntarily to exercise those rights during extracurricular periods of the school day. Keywords: access; access act; act; clubs; equal; groups; mergens; public; religion; religious; school; speech; student
• Section 4(f)(2) of the Age Discrimination in Employment Act: No Justification? Public Employees Retirement System v. Betts by Urban, Catherine R. (1991) - . (2) to observe the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of this chapter, except that no such employee benefit plan shall excuse the failure to hire any individual, and no such seniority system or employee benefit plan shall require or permit the involuntary retirement of any individual , . . The majority acknowledged that this result allows employers wide latitude in structuring employee benefit plans, but also conceded that this construction of the words of the statute [was] not the only plausible one.^^ Keywords: 4(f)(2; act; adea; age; benefit; benefit plan; cir; cost; court; discrimination; employer; f.2d; plan; section; subterfuge; workers
• Title 1 Protecting the Obese Worker? by Shoup, Jennifer (1995) - In essence, the ADA begins where the Rehabilitation Act leaves off. Finally, the defenses available to an employer faced with a charge of employment discrimination against a disabled individual are the same under the ADA and the Rehabilitation Act. Keywords: act; ada; c.f.r; cook; court; disability; discrimination; eeoc; employment; impairment; individual; job; obesity; rehabilitation; rehabilitation act; supp
• The FHAA's Reasonable Accommodation & Direct Threat Provisions as Applied to Disabled Individuals Who Become Disruptive, Abusive, or Destructive in Their Housing Environment by Dolak, Jennifer L. (2003) - [Vol. 36:759 with Disabilities Act (ADA) was enacted in 1990 and further prohibited discrimination on the basis of disability in such areas as employment and public services.^ Under the FHA, a disabled individual can bring a claim against a party under any of three theories: intentional discrimination, disparate impact, or failure to make reasonable accommodation as required by 42 U.S.C. § 3604(f).^ This Note will focus on reasonable accommodation claims by individuals who have disabilities that cause disruptive, abusive, or destructive behavior in their housing environment. To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of— (A) that person; or (B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (C) any person associated with that person.^' Further, the FHAA provides that discrimination includes a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling. Keywords: accommodation; act; burden; conduct; court; fhaa; groner; housing; manager; ofthe; property; property manager; resident; threat
• Lack of Insurance Coverage for Prescription Contraception by an Otherwise Comprehensive Plan as a Violation of Title VII as Amended by the Pregnancy Discrimination Act—Stretching the Statute Too Far by Backmeyer, E. Renee (2004) - It is logical to evaluate a health plan's equity and lawfulness, not based on the general category of prescription coverage, but on the category of contraception coverage. Congressional behavior indicates it does not believe prescription contraception coverage is mandated by Title VII as amended by the Pregnancy Discrimination Act. Keywords: act; birth; contraception; control; court; coverage; discrimination; employer; exclusion; health; insurance; plan; pregnancy; prescription; prescription contraception; title; title vii; vii; women
• Dedication of Birch Bayh United States Courthouse October 24, 2003 by Hamilton, David F. (2004) - Senator Birch Bayh, however, did not write mere footnotes to the Constitution. Senator Birch Bayh drafted the 25th Amendment, led its adoption by Congress, and pushed for its ratification by the states. Keywords: act; amendment; bayh; birch; difference; president
• Shaking Price Waterhouse: Suggestions for a More Workable Approach to Title VIII Mixed Motive Disparate Treatment Discrimination Claims by Giles, Cassandra A. (2004) - '^' However, like the Civil Rights Act of 1991, this case is only binding precedent for Title VII employment discrimination cases, and does not change the courts' application ofthe direct evidence requirement for Title VIII cases, thus leaving courts deciding Title VIII mixed motive housing discrimination cases in the morass of direct evidence and determining when a mixed motive instruction should be given to the jury. IV. The Ninth Circuit's decision in Costa raises interesting questions not only regarding how Price Waterhouse should apply to Title VII jurisprudence, but also how it should apply to Title VIII mixed motive cases. Keywords: act; analysis; cir; court; decision; defendant; discrimination; evidence; housing; motive; price; price waterhouse; rights; title; title viii; viii; waterhouse
• Brownfields Remediated? How the Bona Fide Prospective Purchaser Exemption from CERCLA Liability and the Windfall Lien Inhibit Brownfield Redevelopment by Strickland, Fenton D. (2005) - Pre-deprivation hearings for CERCLA liens do not interfere with CERCLA' s purposes. Prior to the Act's promulgation, section 107(b)(3) of CERCLA provided that an otherwise responsible party would not bear CERCLA liability if the person established, by a preponderance of the evidence, that the release and damages resulting therefrom were caused solely by—an act or omission of a third party and that (a) he exercised due care with respect to the hazardous substance ... in light of all relevant facts and circumstances, and (b) he took precautions against foreseeable acts or omissions of any such third party.^^ Keywords: act; bfpp; brownfields; care; cercla; costs; court; epa; exemption; facility; liability; lien; person; property; section; u.s.c.a
• The Fair Housing Act and Extralegal Terror by Bell, Jeannine (2008) - I use the term anti-integrationist violence to describe two phenomena: 1) extralegal acts of terrorism, or crimes directed at minorities immediately upon moving to white neighborhoods; and 2) crimes targeted at African Americans and other racial and ethnic minorities while residing in majority white neighborhoods that are designed to drive them out. Even in the current era, minorities moving to, and in some cases living in, white neighborhoods around the country have faced harassment, vandalism, and assaults brought by neighbors who wish them to live elsewhere. Keywords: act; cases; cir; crimes; fair; fha; hate; housing; minorities; neighborhoods; rights; states; united; violence; white
• Application or Registration?: Confusion Regarding the Copyright Act's Prerequisite to Copyright Infringement Lawsuits by Landrigan, Thomas M. (2011) - They read this provision to mean that the effective date is effective immediately, not retroactively after the Copyright Office makes a decision.^^ The court in Foraste v. Brown University mentioned that registration approach courts interpret section 410(d) to mean that registration is consummated only after an application is examined, considered, and accepted by the Copyright Office, and is then 'backdated' to the time the application is received but that [the registration approach interpretation] ignores the statute's mandate that the merits of the application materials are 'later determined,' that is, determined at some the filing of an infringement action.). [Because the Copyright Act] allows a party to sue for infringement not only after approval ofa copyright registration application, but also after a refusal of that registration application . . . Keywords: act; application; application approach; approach; circuit; copyright; copyright office; court; infringement; office; registration; registration approach; section

• ADMINISTRATIVE LAW—Federal Aviation Act by Law Review, Indiana (1974) - Indiana Law Review RECENT DEVELOPMENTS ADMINISTRATIVE LAW—Federal Aviation Act—Civil Aero- nautics Board ruling that Indiana-based air travel club has become a common carrier in violation of 49 U.S.C. § 1371 (a) affirmed. Part 123, 14 C.F.R. §§ 123.1-.53 (1973), was adopted by the FAA in 1968 in order to assure that the safety levels demanded of commercial operators, id. § 121 et seq., were also met, with minor operational modi- fications, by air travel clubs. Keywords: air; board; cab; carrier; charter; club; f.2d; public; transportation; travel; voyager
• Crossed Signals: Copyright Liability for Resale Carriers of Television Broadcasts by Shockley, Steven C. (1983) - Implications of Copyright Liability Imposed on Resale Carriers The most direct result of holding resale carriers of broadcast television signals liable for copyright infringement would be their liability to copyright owners for either actual damages and lost profits, 160 or for statutory damages, which are between $250 and $10,000 161 for each and every infringement occurring within the three- year statute of limitations period.162 Given the number of copyrighted programs retransmitted by resale carriers each day, each week, and each year, the result of such liability could be the total devastation of resale carrier operations. The competitive attitudes that are held between broadcasters and cable systems165 and the experiences with the retrans- mission consent experiment that was conducted between cable systems and copyright owners a decade ago166 indicate that blanket denials of retransmission rights to resale carriers could be expected, thus, caus- ing the cable industry to wither. Keywords: broadcast; cable; cable systems; carriers; copyright; court; emi; f.2d; fcc; public; resale; resale carrier; signals; television
• Lefstein to the Defense by Babcock, Barbara Allen (2003) - Now anyone who thinks this was easy does not know public defenders. It may have been the first to bear the Service title, reflecting the insight that for public defenders, the strictly legal work is only part of the picture. Keywords: agency; defender; norm; public
• Creating an Uncomfortable Fit in Applying the ADA to Professional Sports by Cromer, Jeffrey Michael (2003) - From the final stage, only a quarter qualify for PGA Tour membership, while those remaining enter the Buy.com Tour.^' Everyone would like to see someone with Martin's talent and persistence achieve success at the highest level of his profession.^^ Introduction In May 2001, the Supreme Court had the opportunity to determine how several provisions of the Americans with Disabilities Act (ADA),^ specifically public accommodation, fundamental alteration, and private entity should fit into athletic competition when it decided PGA Tour, Inc. v. Martin? Keywords: accommodation; ada; alteration; competition; court; game; golf; martin; ofthe; pga tour; professional; public; rules; sports; supreme; title
• Garcetti v. Ceballos: Public Employees Left to Decide "Your Conscience or Your Job" by Ellis, Elizabeth M. (2008) - Part I of this Note briefly reviews several key Supreme Court holdings respecting First Amendment protections afforded to public employee speech prior to Garcetti. 52 Second, Justice Souter's dissenting opinion, in which Justices Stevens and Ginsburg joined, also advocated against a categorical exclusion from First Amendment protection for public employee speech made pursuant to official duties, especially in cases of an employer's official wrongdoing and threats to health and safety. Keywords: amendment; ceballos; cir; concern; court; duties; employee; employee speech; garcetti; government; job; official; protection; public; school; speech

• The Constitutional Guarantee of Speedy Trial by Hartley, Jr., Robert L. (1974) - U.S. Const, amend VI. 1974] SPEEDY TRIAL 415 the Act will certainly lessen the need for criminal defendants in federal courts to invoke their constitutional right of speedy trial and may thus herald a new era of speedy justice in the United States. The court, in Favors v. Eyman, 466 F.2d 1325 (9th Cir. 1972), held that when the filing of a com- plaint under local law does not toll the statute of limitations, it does not engage speedy trial rights. Keywords: barker; cir; court; defendant; delay; f.2d; right; speedy; states v.; trial; united states
• Environmental Law—Water Pollution by Law Review, Indiana (1976) - at 240. 706 INDIANA LAW REVIEW [Vol. 9:702 Inland Steel pointed out, however, that the cases cited by the court in support of its jurisdiction were inappropriate inasmuch as those cases dealt only with the situation in which the action was prosecuted in federal court under federal common law. Hammond Times, Sept. 11, 1975, at 43, col. 1. 702 1976] RECENT DEVELOPMENT 703 pollution violations.^ First, plaintiffs alleged that Inland's dis- charges move into Illinois waters of Lake Michigan. Keywords: court; federal; illinois; inland; pollution; sept; trial; water
• Evidence by Marple, William (1977) - In Rieth-Riley, the foreman of defendant's road construction crew made an out of court statement that he subsequently affirmed in court to the effect that if he had been driving the car in plaintiffs position, he would not have been able to avoid the accident. In Garrett v. 325 N.E.2d at 853. ^Williams was cited with approval for the proposition that [t]he admission of opinion testimony on an ultimate fact issue is within the discretion of the trial court, in Bobbitt v. State, 361 N.E.2d 1193, 1197 (Ind. 1977); accord. Keywords: court; opinion; trial; witness
• Just an Old Trial Lawyer by Shoulders, Patrick (2024) - JUST AN OLD TRIAL LAWYER JUST AN OLD TRIAL LAWYER PATRICK SHOULDERS* Old trial lawyers—those who have hurdled the 50 years in practice marker, or who are fast closing in on it, are uniquely positioned for the submission of “Tribute” articles on Judges taking senior status—especially when the Judge is himself an old trial lawyer. Old trial lawyers can recall when the federal bench was mainly populated with white males who acted as if their appointment was providential rather than a result of political connection. Keywords: judge; trial; young

• Missing the Mark: Implications of Sunbeam Products, Inc. v. Chicago American Manufacturing on Trademark Licenses in Bankruptcy by Qalliu, Janel (2015) - Finally, Part VI of this discussion proposes a solution to cases involving trademark licensees rights in bankruptcy. If the Supreme Court once again used negative inference, it would conclude that trademark licensees rights are not retained after the licensor’s rejection in bankruptcy.152 Alternatively, if the Court used a textualist approach (trademarks are not included in the definition of “intellectual property” and therefore cannot be protected under Section 365(n)), the reasoning in Lubrizol would win again.153 Former Vanderbilt Law School professor and current Dean of the University of Southern California School of Law, Robert Rasmussen, estimated that between 1988 and 1993, the Supreme Court heard twenty-four bankruptcy cases and 146. Keywords: bankruptcy; cir; contract; court; inc; intellectual; lubrizol; property; rejection; section; sunbeam; trademark; use
• Reexamining the Relationship Between Capital Gain and the Assignment of Income by Shores, David F. (1980) - The coupons were characterized as income interests which could not be assigned by gift.^^ Similarly, the Lake Court characterized the oil payment right as an income interest which could not be sold at capital rates, stating: Only a fraction of the oil . . . In dealing with cer- tain types of property interests, such as franchises and contractual rights, which the Supreme Court has not considered specifically, the lower courts have applied ambiguous and specious standards in con- struing the capital gain provisions. Keywords: assignment; capital gain; cir; commissioner; court; f.2d; gain treatment; income; income interest; interest; oil; property; property interest; right; sale; taxpayer; treatment
• Update on Consumer Bankruptcy: City of Chicago v. Fulton by Hauber, John M. (2023) - This extension of automatic stay violations introduced to the argument that by maintaining possession of estate property, creditors were violating either the turnover provisions of section 542(a) (which may or may not be self- executing) or violating the bankruptcy automatic stay.30 Even though there would still be a split of opinions among the Circuits following the 1984 amendment, the majority of Circuits held that simply maintaining possession of secured collateral was a violation of the automatic stay.31 A. Knaus v. Concordia Lumber Co. The Court continued its reasoning pointing out that there are exceptions in section 542(a)’s turnover provision that would contradict section 362(a)(3) which does not contain the same exceptions.146 Additionally, when Congress added “exercise control” language to section 362(a)(3) in 1984, one would expect that Congress would have cross-referenced section 542(a) if Congress meant to create a stay violation for failure to turn over property as required by section 542(a).14 7 However, the ruling was extremely limited to a specific holding that “mere retention of estate property after the filing of a bankruptcy petition does not violate §362(a)(3) of the Bankruptcy Code. Keywords: 542(a; bankruptcy; court; creditor; debtor; estate; property; section; stay; trustee
• Defending Purchase Money Security Interests Under Article 9 of the UCC From Professor Buckley by Shupack, Paul M. (1989) - Thus, it is unlikely that there is something about second secured creditors that give them inherently cheaper money. To the extent that the first secured creditor has search or investigative costs on which the second secured creditor can free-ride, that saving could account for the capacity of second secured creditors to do better by debtors who have granted security 18. Keywords: buckley; contract; costs; creditor; debtor; pmsi; professor; property; second; security; superpriority; time
• Agricultural Taxation—Selected Issues by Bock, C. Allen; Harris, Philip E.; Deery-Schmitt, John (1991) - An earlier statement in the instructions for the 1990 Form 4835 states that share lease income and expenses should be reported on Form 4835 only if the lease *'is a rental activity for purposes of the passive activity loss limitations. In business number two, she has taxable income of $19,000. Keywords: business; farmer; i.r.c; income; property; rental; section; share; spouse; taxpayer; trade; year
• CERCLA's Web of Liability Ensnares Secured Lenders: The Scope and Application of CERCLA's Security Interest Exception by Alexander, Scott R. (1991) - The court found that while Congress excluded other entities from CERCLA liability through the amendments, it did not simultaneously amend the statute to exclude from liability lenders who acquired property through foreclosure. These decisions have expanded the definition of owner or operator of a hazardous waste site to include lending institutions in some situations.34 Until recently, secured lenders that did not foreclose and did not participate in the operational decisions of a borrower were exempt from liability under CERCLA because they fell under the security interest exception.35 In United States v. Fleet Factors Corp.,26 however, the Eleventh Circuit Court of Appeals established an expanded theory of secured lender liability for a borrower's environmental problems. Keywords: bank; cercla; court; exception; factors; fleet; hazardous; interest; lender; liability; property; security; security interest; states; supp; united; united states
• Federal Court Jurisdiction in Civil Forfeitures of Personal Property Pursuant to the Comprehensive Drug Abuse Prevention and Control Act by Fisher, Karen L. (1993) - Before considering federal civil procedure in forfeiture cases brought under the Drug Control Act, it is necessary to discuss both the historical origins of admiralty procedure in civil forfeiture actions and the com- ponents of a court's jurisdiction. 5 The courts superimposed admiralty rules upon the substantive concept of the deodand, creating civil forfeiture actions dissimilar to substantive admiralty law but which nonetheless utilize the procedural rules of admiralty. Keywords: cir; court; f.2d; forfeiture; jurisdiction; property; rem; states; united; united states
• A Review of 1997 Seventh Circuit Bankruptcy Decisions by Ogden, Timothy A. (1998) - See id. at 1167 n.l (discussing the difficulty Florida bankruptcy courts have had in interpreting this statute in similar situations). Other courts of appeals are split on the issue, with one (the Fifth Circuit) using the wholesale value and most others using the retail value. Keywords: action; bankruptcy; court; debtor; plan; property; value
• The Role of Residential Segregation in Promoting and Maintaining Inequality in Wealth and Property by Denton, Nancy A. (2001) - But more importantly, black segregation falls most between the lowest and next lowest income categories, namely between the poor and the lower middle class, but remains relatively constant for all incomes above that. The argument in this paper, however, is that in reality, the routes to the ownership ofwealth and property are severely constrained by race/ethnicity working through residential segregation. Keywords: african; americans; areas; asians; black; hispanics; income; metropolitan; property; segregation; wealth
• Valuing Interest: Net Harm and Fair Market Value in Brown v. Legal Foundation of Washington by Serkin, Christopher (2004) - While this standard is easy to articulate, its application in specific cases is often less straightforward leading courts, on occasion, to adopt new compensation rules to supplement or replace fair market value. This Essay argues instead that the Court's net harm rule should be read as a species of fair market value. Keywords: brown; compensation; costs; court; government; harm; interest; iolta; market; market value; net; owner; property; takings; value
• Incentivizing Ecological Destruction? The Global Joint Regulation of the Conservation and Use of Genetic Resources by Goeschl, Timo; Gatti, Rupert; Groom, Ben; Swanson, Timothy (2005) - What are the gains available to North and South from bargaining over how to jointly manage global biological information? Bargaining theory is a branch of game theory that allows one to analyze and predict outcomes of bargaining processes such as the international negotiations over biological information. Keywords: bargaining; biodiversity; conservation; global; information; institutions; north; problem; property; property rights; rights; south; use

• A View from Within the Fortune 500: An Empirical Study of Negative Value Class Actions and Deterrence by Simard, Linda Sandstrom (2015) - damages in class action litigation, prevented the pattern of deteriorating cooperation over time. Several decades ago, Professor Francis McGovern popularized the concept of maturity in relation to class action litigation. Keywords: claims; class; class actions; company; defendant; deterrence; generation; generation action; group; information; liability; litigation; question; rate; respondents; stakes; stakes class; study; time
• Comparative Negligence, Comparative Contribution, and Equal Protection in the Trial and Settlement of Multiple Defendant Product Cases by Davis, Clifford (1977) - Castillo Vda Perdomo v. Roger Construction Co.— from Pennsylvania, a contribution state with joint tortfeasor releases — ie., releases that operate to release other defendants to the extent of pro-rata share of common liability of person released. Any workable scheme of settlements must permit one defendant to settle if that defendant and the plain- tiff can agree even though other defendants refuse to join. Keywords: cases; compensation; contribution; court; defendant; distribution; employer; fault; jury; liability; negligence; new; party; party defendant; plaintiff; principle; pro; rata; settlement
• Back Matter by Law Review, Indiana (1984) - (4) The jury next shall multiply the percentage of fault of each defendant by the amount of damages determined under subdivi- sion (3) and shall enter a verdict against each such defendant (and such other defendants as are liable with the defendant by reason of their relationship to such defendant) in the amount of the pro- duct of the multiplication of each defendant's percentage of fault times the amount of damages as determined under subdivision (3). Amended by P. L. 174-1984, SEC.l. 34-4-33-5 Instructions to jury; award of damages Sec. 5. (a) In an action based on fault that is brought against one (1) defendant or two (2) or more defendants who may be treated as a single party, and that is tried to a jury, the court, unless all the parties agree otherwise, shall instruct the jury to determine its verdict in the follow- ing manner: (1) The jury shall determine the percentage of fault of the claimant, of the defendant, and of any person who is a nonparty. Keywords: action; claimant; court; damages; defendant; fault; jury; nonparty
• Loan Receipt Agreements Revisited: Recognizing Substance Over Form by Strohmeyer Jr., Robert W. (1988) - Loan receipt agreements with threshold amounts are des- ignated as platform loan agreements by the Illinois courts. Loan receipt agreements are approved of and encouraged because they tend to settle litigation and provide immediate funds to injured parties.^ Like the covenant not to sue and/or execute, and unlike the general release, a loan receipt agreement permits the injured party to settle with Associate, Bingham Summers Welsh & Spilman, Indianapolis. Keywords: agreement; defendant; loan; loan receipt; party; plaintiff; receipt
• Apportionment of Harm to Causes: Asbestosis and the Smoking Plaintiff by Shubat, John G. (1988) - This general proposition is evident in other types of ap- portionment cases, including successive injury cases, and pre-existing condition cases. Successive injury cases can be analyzed in light of section 433A, which states that damages are to be apportioned where there are two distinct harms. Keywords: apportionment; asbestos; cases; court; damages; defendant; disability; harm; injury; plaintiff; smoking
• The Standard of Proof in Civil RICO Actions for Treble Damages: Why the Clear and Convincing Standard Should Apply by Maine, Christopher M. (1989) - History of the Courts Addressing the Standard of Proof in Civil RICO In 1985, the Supreme Court discussed the standard of proof for civil RICO actions in Sedima, S.P.R.L. v. Imrex Co., Inc.^ Because the treble damages pro- vision of civil RICO is punitive, the federal courts should take a cue from the state courts and require a clear proof for civil RICO actions brought for treble damages. Keywords: action; civil; court; criminal; damages; defendant; f.2d; fraud; preponderance; proof; rico; standard
• The Sentencing Court's Discretion to Depart Downward in Recognition of a Defendant's Substantial Assistance: A Proposal to Eliminate the Government Motion Requirement by Lee, Cynthia K. Y. (1990) - The two level discount proposal appears to be a meeting ground for both types of critics, those concerned with sentencing courts having too much discretion and those concerned with courts adhering too strictly to the rules of the sentencing guidehnes. [Vol. 23:681 As a means of remedying the problem of widespread sentencing disparity and checking the uncontrolled discretion of sentencing judges, Frankel proposed implementing a system of sentencing guidelines. ^^ Keywords: assistance; court; defendant; depart; government; government motion; guidelines; sentencing; sentencing court; sentencing guidelines
• Corrective Justice and the Torts Process by Randall, Susan (1993) - Corrective justice as pragmatism differs from corrective justice as process in that pragmatists deny the substantive content of tort law standards. Under this view, corrective justice is a matter of tort law processes engendered by highly flexible principles and rules, rather than merely a matter of identifying a particular formal element like causation or fault which calls corrective justice into play. Keywords: action; causation; coleman; compensation; conduct; corrective; defendant; epstein; fault; injury; justice; liability; morality; negligence; negligence law; perry; process; responsibility; rev; standard; supra note; system; theory; tort law; tort liability; torts; weinrib
• Statutory Rape as a Crime of Violence for Purposes of Sentence Enhancement Under the United States Sentencing Guidelines: Proposing a Limited Fact-Based Analysis by Riley, Jennifer (2001) - 28 Courts deciding whether statutory rape convictions should be considered crimes of violence . . . 39 Examining a prior conviction for burglary, the Court ruled that sentencing courts should find that a violent felony occurred ifthe statute under which the defendant was convicted has the basic elements of, what the Court called, generic burglary. Keywords: age; approach; conviction; court; crime; defendant; fact; rape; sentencing; victim; violence
• Meeting Expectations: Two Profiles for Specific Jurisdiction by Sandstrom Simard, Linda (2005) - Product Liability Hypothetical.—Applying the similarity of contacts test to this hypothetical, again one must start from the premise that Company would be subject to specific jurisdiction in Pennsylvania because the cause of action arose from Company's efforts to serve the Pennsylvania market. D. Similarity Test Possibly the most lenient standard of relatedness that has been suggested to date is a similarity of contacts test which compares a defendant's contacts in one forum with its contacts in a different forum. Keywords: accident; cause; claim; company; connecticut; contacts; contacts test; court; defendant; driver; forum; forum contacts; hotel; injury; jurisdiction; massachusetts; subject; test

• Constitutional Law by Law Review, Indiana (1973) - at 303-04. ^'A future court might reason that the rational basis for the Fair Housing Act of 1968 was the interstate character of the residential construction and real estate industry. ® The court of appeals felt it to be the clear mandate of Jones that courts give great deference to the determinations of Congress in its efforts to effectuate the purpose of the thirteenth amend- ment. Keywords: amendment; court; lawrence; pattern; practice; section; states; supp
• CIVIL RIGHTS—Civil Rights Act of 1964 by Law Review, Indiana (1974) - Establishments covered by the provisions of the public ac- commodations section of the Civil Rights Act of 1964 are grouped into four general categories: (1) establishments used for lodging, (2) establishments used for eating, (3) establishments used for entertainment, and (4) establishments located on the premises of other covered establishments or which have covered establish- ments on their premises.' In part, this subsection provides as follows: any motion picture house, theatre, concert hall sports arena, stadium, or other place of exhibition or entertainment . . . . Keywords: commerce; court; entertainment; place; section; states; united
• Proscribing Retaliation Under Title VII by Spurlock Jr., Delbert L. (1975) - While this new awareness may not herald an age of enlightenment in equal opportunity, it does set the stage for the development of employer policies which will stimulate self-examination rather than retaliation in the face of employee opposition. a. The Easy Case Certain classes of employee actions are easily defined as op- position*' within the meaning of section 704(a). Keywords: action; cch; charge; commission; court; decision; discrimination; eeoc; eeoc decision; employees; employer; employment; opposition; party; protection; retaliation; rights; section; section 704(a; supp; title; vii
• Tax Planning With Restricted Stock by Banks, Warren E. (1975) - 1 Rather than re-examine the foregoing, this Comment will analyze Internal Revenue Code section 832 and will consider stock options or other stock purchase plans established to provide benefits free of the constraints of qualified plans. 5 At first it may appear that the new section has no relevance to stock options because it is expressly inapplicable to transfers of options with- out a readily ascertainable fair market value.6 Keywords: example; forfeiture; reg; risk; section; stock; tax; value
• An Analysis of Corporate Transactions Involving Net Operating Loss Benefits by Sharp, William M. (1977) - Congress also intended to provide liquid funds to a once profitable taxpayer currently suf- fering net operating losses. Issue: Can ABC Corporation carry over the net operating loss attributable to Z for the year ending December 1974 even though Z was discontinued? Example 3: In 1974, P Corporation, a profitable steel manufacturer, acquired S Corporation, a steel fabricator that had experienced net operating losses for many years. Keywords: business; carryover; change; corporation; income; loss carryover; losses; merger; operating loss; ownership; reorganization; section; tax; type
• Identification of Goods and Casualty to Identified Goods Under Article Two of the UCC by Rivera, Rhonda R. (1980) - Subsection (3) of section 2-105 permits a sale of a part interest in existing identified goods and subsection (4) of section 2-105 provides that an undivided share in an identified bulk of fungible goods is sufficiently identified to be sold. What this section was designed to cover becomes marginally clearer when one discovers that in the 1949 draft of the Code, section 2-613 applied [w]here the contract relates to identified goods which are irreplaceable or are treated by the parties as unique for purposes of ^*lt has been suggested that identified is an imprecise term here: Perhaps the closest synonym for 'identified' in this section [2-613] is 'specified.' Keywords: bulk; contract; goods; identification; sale; section; seller; u.c.c; widgets
• Secured Claims Under Section 1325(a)(5)(B): Collateral Valuation, Present Value, and Adequate Protection by Bowman, S. Andrew; Thompson, William M. (1982) - This ambiguity not only resulted in inconsistent treatment of secured claims among the several districts but also facilitated the abuse of Chapter XIII by secured creditors.7 In some districts, secured creditors were afforded extra-ordinary powers merely as a result of their secured status, without regard to the actual value of their security interest.8 Secured creditors were able to use the leverage inherent both in the uncertainty of the law9 and in the security interests in personal effects 10 to coerce debtors x ll U.S.C. §§ 1301-1330 (Supp. The vague status of secured creditors under Chapter XIII has been cited as a major cause of the infrequency of resort to repay- ment plans under the old Act.6 Keywords: bankr; claim; collateral; creditor; debtor; interest; plan; rate; section; valuation; value
• Revision of the Uniform Partnership Act, An Analysis and Recommendations by Elfin, Rodman (1990) - On an optional basis, the Committee recommends a provision in the statement regarding the authority of partners. This is the segment concerning the authority of partners to bind the partnership. Keywords: agreement; business; committee; court; dissolution; partnership; partnership act; partnership agreement; right; section; uniform partnership
• 1997 Survey of the Uniform Commercial Code in Indiana by Greenberg, Harold (1998) - Until Indiana courts decide the issues in this group of cases, these decisions will be binding on Indiana's federal district courts, which frequently decide U.C.C. cases while sitting in diversity,^ and may be persuasive authority in the state courts. Indiana Law Review 1997 Survey of the Uniform Commercial Code IN Indiana Harold Greenberg' Introduction This Survey summarizes and comments upon developments during the survey period that are of special interest and that affect the Uniform Commercial Code (U.C.C.) in Indiana/ Decisions of the Seventh Circuit Court of Appeals that deal with U.C.C. issues from other states, but not yet clearly addressed by Indiana courts, have also been included. Keywords: bank; beneficiary; community; court; goods; homeside; order; payment; section; u.c.c
• Compliance Under ERISA Section 404(c) with Increasing Investment Alternatives and Account Accessibility by Pyle, Keith R. (1999) - As noted earlier, the fiduciary standards extend beyond the selection of plan investments to a duty to monitor investments to insure that they continue to be prudent investments or investment alternatives for the plan. Indiana Law Review Compliance Under ERISA Section 404(c) with Increasing Investment Alternatives AND Account Accessibility Keith R. Pyle* Introduction A common feature of today's retirement plans, especially the increasingly popular 401(k) plans/ is a provision for plan participants to direct the investment of assets in their accounts.^ The number of investment options available to participants has increased, probably due to both technology and industry demand.^ Keywords: 404(c; alternatives; beneficiaries; erisa; fiduciaries; fiduciary; investment; investment alternatives; participants; plan; regulations; section

• Separation Anxiety: A Cautious Endorsement of the Independent Board Chair by Fairfax, Lisa M (2015) - The one study (a 2013 study) that focuses specifically on truly independent board chairs found a much stronger connection between such board chairs and corporate performance.101 Importantly, that study found that there was virtually no impact on firm performance when the CEO and board chair roles were split, but the board chair had some connection to the corporation, thereby making him non-independent.102 However, a significant connection emerged for board chairs who were truly independent.103 The authors of the study concluded that separating the CEO and board chair positions can be beneficial when there is true independence of the board chair, but they also emphasized that even with a truly independent board chair, the benefits could be realized only under the right circumstances.104 With respect to this data on truly independent board chairs, it is important to point out that, outside of this study, none of the empirical evidence seeks to distinguish between the impact of non-independent board chairs and truly independent chairs. ”9 Activist shareholders, institutional investors, and regulators alike, believe that separating such roles increases the board’s independence from management, thereby enhancing the board’s monitoring and oversight functions while simultaneously reducing the potential for managerial misconduct.10 Propelled by these sentiments, the percentage of companies that have separated the CEO and board chair roles has steadily climbed since the financial crisis.11 In 2007, 65% of board chairs at S&P 500 companies also held the office about the board’s oversight); JPMorgan 2012 Proxy Statement, supra note 1, at 39 (noting that an independent board chair would be “particularly constructive” in light of federal and state investigations aimed at JPMorgan). Keywords: board chair; board leadership; boards; ceo; ceos; chair roles; chairs; companies; company; director; evidence; independent; leadership; performance; power; roles; separation; shareholder; structure; study; supra note
• Developments in Social Security Law by Ruppert, Michael G. (1989) - Since the Act requires a claimant to prove that his physical or mental impairment results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable cHnical and laboratory diagnostic techniques,'^ claimants alleging disabling pain were often denied benefits because of a lack of objective medical evidence substantiating their subjective symp- toms. The court cited, for ex- ample, that persistent attempts to find relief for pain, which would be reflected in medical records; willingness to try any prescribed treatment, also reflected in the medical records; regular use of crutches or a cane, which is observable; regular contact with a doctor, which, again, is verifiable by medical records; limitation of daily activities; and, frequent use of pain medications, are all behaviors that the decisionmaker can consider, among many others, in evaluating a claimant's allegations of disabling pain. Keywords: claimant; court; disability; evidence; objective; pain; walker

• An Organizational Approach to Resolving the Attachment and Perfection Problems of Identity Changes Under § 9-203(1)(A) & § 9-402(7) of the Uniform Commercial Code by Morical, Gregory J. (1994) - Subsection 7 of U.C.C. § 9-402 was added [t]o solve [the] dilemma of whether to require the filing ofan amendment upon a significant change of identity ofthe debtor. Specifically, this approach uses the definition of organization as the means to differentiate between transactions involving identity changes where the transferor and the transferee are related entities, from those transactions involving unrelated third parties. Keywords: approach; change; collateral; debtor; financing; form; identity; identity approach; identity change; ofthe; party; security; security interest; statement; u.c.c
• Promoting Equitable Development by Glover Blackwell, Angela (2001) - IDAs are taking hold across the country.70 As of August 2000, twenty-nine states have passed IDA legislation, and over 400 IDA programs are being planned or operated by local community organizations. The new investment is revitalizing many areas, but it is also leading to serious problems for lower income residents and long- standing merchants who are displaced by higher income residents and upscale commercial establishments. Keywords: cities; city; communities; community; development; growth; housing; income; jobs; national; ofthe; organizations; people; percent; policy; residents; strategies; suburbs; transportation; urban
• Appellate Reform: The Appellate Process Task Force Model by Strankman, Gary E. (2002) - 1 This broad charge has served to guide the deliberations ofthe Task Force for the past two years. The twenty-one members ofthe Task Force provide varying perspectives and significant appellate experience. Keywords: appeal; appellate; court; force; ofthe; task
• Making Good Law Requires More Lawyers by Shepard, Randall T. (2002) - Indiana Law Review Making Good Law Requires More Lawyers Randall T. Shepard* Introduction While we lawyers largely think of ourselves as people who practice law, the fact is that we make law regularly during the course ofour work. Lawyers and judges do this by interpreting statutes, resolving litigation, and forging common law as a matter of course. Keywords: assembly; general; lawyers; legislature; ofthe; time
• Introduction to the Symposium by Schwartz, Warren F. (2003) - (3) The events of September 11 could be viewed as providing the necessity, but also the opportunity, to determine the principles which would control the public and private responses to terrorist attacks which might occur in the future. (2) Individuals who take precautions which reduce the likelihood or severity ofharm resulting from terrorist attacks create benefits for other potential victims. Keywords: compensation; essay; ofthe; september; terrorist; victims

• Teacher Collective Bargaining by Land, Janet L. (1986) - During the 1978-79 school year, Union County schools were closed for six days because of inclement weather, except for Union Elementary, which remained open on these days in accordance with the school closing policy as adopted by the Joint Union School Board in December 1978. Union County dealt not only with the question of bargaining but also with discussion relating to making up school days. Keywords: county; court; days; school; union
• Recent Developments in the Termination of School Desegregation Decrees by Brown, Kevin (1993) - We hold that, in the course of supervising desegregation plans, federal courts have the authority to relinquish supervision and control of school districts in incremental stages, before full compliance has been achieved in every area of school opera- tions. . . . 51 Kennedy's opinion made it clear that [t]he school district bears the burden of showing that any current imbalance is not traceable, in a proximate way, to the prior violation. Keywords: board; court; district; district court; dowell; opinion; plan; school; segregation; system

• What Rough Beast Awaits? Graham, Miller, And the Supreme Court’s Seemingly Inevitable Slouch towards Complete Abolition of Juvenile Life without Parole by Moorhead, James Donald (2013) - She explained that two lines of Court cases demonstrate the absence of proportionality in sentencing structures that mandate JLWOP for homicide crimes.101 The first line of cases supports the categorical ban on the imposition of certain sentences “based on mismatches between the culpability of a class of offenders and the severity of a penalty. ”139 Justice Alito questioned, as an initial matter, the Court’s by now entrenched reference to society’s “evolving standards of decency,” challenging the assumption that societal evolution runs toward the decent.140 Recounting an historic line of Court cases,141 Justice Alito declared that, as the years went by, “evidence of a national consensus . . . Keywords: cases; chief; court; graham; jlwop; justice; juvenile; life; majority; miller; nonhomicide; parole; roberts; sentence; sentencing
• The Chief Justice on Capitol Hill: Extending the Humphrey-Hawkings Model by Magliocca, Gerard N. (2008) - 16 Something must be done to raise the profile of the challenges facing the federal courts, and my suggestion is that Chief Justice John Roberts should be asked to testify on a regular basis before Congress in his capacity as head of the 11. Indiana Law Review The Chief Justice on Capitol Hill: Extending the humphrey-hawrings model Gerard N. Magliocca* There is a growing feeling, reflected by the urge to hold this Conference, that relations between Congress and the federal courts are terribly strained. Keywords: board; chairman; chief; congress; courts; federal; immigration; justice; reserve

• Double Trouble: Understanding Double Enhancement by Bradford, Cale J.; Dudley, Alex J. (2021) - [T]he general habitual offender statute does not include explicit legislative direction indicating that a double enhancement is proper here. State v. Downey provides an illustration of how a court must interpret specialized habitual offender statutes in these double enhancement situations. Keywords: conviction; felony; general; habitual; offender; offender statute; offense; statute

• Address to the Seventh Circuit Bar Association and the Seventh Circuit Judicial Conference Annual Joint Meeting, May 6, 2013 by Lugar, Richard G (2015) - In addition, judicial nominees who already have served on the bench usually have records rich in controversial detail that can be manipulated or exploited. [Vol. 47:787 If we cross this partisan barrier in a way that establishes a precedent, the last vestiges of fair and open-minded treatment of judicial nominees could disintegrate. Keywords: circuit; court; judges; senate; supreme

• Criminal Procedure—Search Warrants by Dick, Richard (1975) - United States v. Marihart, 472 F.2d 809, 810 n.l (8th Cir. 1972) (hearing on probable cause issue). The United States Supreme Court's denial of certiorari in United States v. MariharV left unresolved the crucial question of what standard is to be applied in scrutinizing affidavits which support the issuance of warrants and allegedly contain false state- ments. Keywords: affidavit; cause; court; f.2d; states; united; warrant
• What Makes Greenhouse Sense? by Schelling, Thomas C. (2005) - By 1992 the largest intergovernmental conference ever assembled, with heads of state from more than a hundred nations (including the United States), was focused on global environmental issues, with climate change at the center. A major scientific coincidence was the burgeoning availability of satellite reconnaissance ofoceans, clouds, glaciers, forests, sea ice, airborne particles, and atmospheric temperatures that paralleled the concern for climate change. Keywords: carbon; change; climate; countries; dioxide; emissions; energy; greenhouse; nations; states; united; warming; years
• More Than a Dreamer: Remembering Dr. Martin Luther King, Jr. by Little Jr., Monroe H. (2008) - From Solo to Memphis (1981); David J. Garrow, Protest at Selma: Martin Luther King, Jr., AND THE Voting Rights Act of 1965 (1978); Coretta Scott King, My Life With Martin Luther King, Jr. (1969); John A. Williams, The King God Didn't Save: Reflections on the Life and Death of Martin Luther King, Jr. (1970). 4. Legal segregation was the rule in the South, Luther King, Jr., and the Southern Christian Leadership Conference (1986) Keywords: "^^; american; housing; king; life; luther; luther king; martin; martin luther; montgomery; nation; rights; states; united; white

• Doctors' Conflicts of Interest (& Altruism) in the United States and Great Britain by Miller, Frances H. (1994) - Because the British government caps the total health service budget, neither GPs nor consultants had many opportunities to generate secondary income by ordering NHS patient care from third parties from whom they derived additional profits. The American Medical Association's Principles of Medical Ethics (1957) § 7, stated: In the practice of medicine a physician should limit the source of his professional income to medical services actually rendered by him .... Keywords: care; conflicts; doctors; health; interest; medical; medicine; nhs; patients; physicians; professor; rodwin; services
• Legacy: Professor Lawrence P. Wilkins by Woodward, Jr., William J. (2010) - Simple odds suggest that we would find some tracks in the lives of the thousands of students a professor has encountered over a career of many years, particularly if that professor regularly encountered entering, first-year law students. Students, by contrast, are the targets of direct, even calculated influence. Keywords: influence; professor; students; years

• Our Bill of Rights by Powell Jr., Lewis F. (1992) - Indiana Law Review Indiana Law Review Volume 25 1992 Number 4 Our Bill of Rights Lewis F. Powell, Jr. Associate Justice (retired) Supreme Court of the United States* Thank you, President Sandy D'Alemberte, for inviting me to address the ABA Bill of Rights Conference. In speaking to this subject, then, I will discuss several developments during the last 200 years that a hypothetical drafter of a modern Bill might wish to consider. Keywords: bill; court; rights; states

• When Does a Limited Partnership Possess the Corporate Characteristic of Limited Liability? by Anzivino, Ralph C. (1980) - The power to control or empowerment standard merely suggests that one consider the quantum of control that limited partners have over general partners by virtue of certain rights granted in the partnership agreement or certificate. In fact, the 1976 Revised U.L.P.A. proposes that limited partners can be vested with such powers without caus- ing personal liability.®^ Ergo, the limited partner's possession of such powers should be sufficient to convert the limited partnership's general partner into a dummy for purposes of the tax regulations but should not cause personal liability for the limited partner pur- suant to section 7. Keywords: assets; business; control; dummy; general; liability; limited; partner; partnership
• Asbestos Litigation: The Insurance Coverage Question by Reeder, Mary K. (1982) - 1 Although asbestos exposure in factories is not as severe a problem today, 2 additional construction and demolition workers will be ex- posed while doing rip-out and repair work.3 If proposed liability theories are followed 125 and plaintiff asbestos workers win judgments, the cost of asbestos disease will be placed on the asbestos industry. Keywords: asbestos; court; coverage; disease; exposure; injury; insurance; liability; manifestation; policy; theory
• The Impact of Technological Advancement on Pharmaceutical Company Liability by McMains, Michael B.; Morrison, Catherine M. (1997) - 1 997] PHARMACEUTICAL COMPANY LIABILITY 489 Title 21, section 7.49 of the Code of Federal Regulations governs the actual manner by which drug manufacturers communicate recalls. A. Negligence: General Principles In order to understand the potential liability that drug manufacturers face, it is necessary to understand the general tort principles of negligence. Keywords: drug; f.2d; liability; manufacturers; negligence; notification; product; recall

• The Impact of Courts on Society: Residency Requirements for Welfare Benefits As a Case Study by Champagne, Anthony M. (1975) - An Associated Press survey of welfare di- rectors in states that had durational residency requirements prior to Shapiro found widespread concern that the decision would spur 6Wasby, The Supreme Court as Enunciator of Welfare Policy, 2 Policy Studies J. 205 (1974). 7296 F. Supp. 1165 (N.D. 111. 1967), affd, 394 U.S. 847 (1969). 6394 U.S. 618 (1969). [Vol. 8:963 Officials who favor durational residency requirements ap- pear to rely on an implicit set of propositions about human be- havior which would include the following: (1) There is a direct, causal relationship between the level of welfare payments in a state and the direction of migration by indigents such that the latter move from low-payment to high-payment states to receive higher welfare payments. Keywords: cases; elimination; illinois; impact; june; migration; requirement; residency; welfare
• Back Matter by Law Review, Indiana (1982) - Shepard's/ f;'iJ McGraw-Hill liniM P. O. Box 1235, Colorado Springs Colorado 80901 • (303) 475-7230 A Comprehensive Handbook Indiana Mechanic's Lien Law by Daniel F. Hinkel and Richard J. Dick Indiana Mechanic's Lien Law is a concise, informed, and comprehensive discussion on the subject of mechanic's liens in Indiana. Shepard's Federal Occupational Safety and Health Citations is another of our compre- hensive citation systems. Keywords: cases; health; safety
• Oral Argument: Does It Matter? by Wolfson, Warren D. (2002) - I detect amongjudges a growing disdain for oral arguments. In my own court, the First District Illinois Appellate Court, the numbers of oral arguments have been going down steadily, while the numbers of cases we decide have been going up slightly. Keywords: argument; cases; court; judges; lawyers

• Interpretation of Patent Process Claims in Light of the Narrowing Effect of 35 U.S.C. § 112(6) by Schepers, Brad A. (1998) - The Federal Circuit has already placed limitations on the scope of means-plus-function language, but has remained largely silent regarding the limits to be placed on functional process claims. This narrowing effect on a patent's scope and its applicability to functional process claims will be discussed in greater detail throughout the remainder of this Note. II. Keywords: cir; circuit; claim; claim language; court; f.2d; federal; function; language; means; paragraph; patent; process; process claims; step

• Christian Louboutin’s “Red Sole Mark” Saved to Remain Louboutin’s Footmark in High Fashion, For Now . . . by Kuitse, Reanna L. (2013) - Specifically, the court held that Louboutin’s Red Sole194 M ark “ha[d] acquired limited ‘secondary meaning’” in the context of high fashion footwear with a red outsole that contrasted with the shoe’s upper.195 Consequently, because the monochrome design by YSL did not fall within the parameters of this limited secondary meaning, the design by YSL did not infringe on Louboutin’s trademark.196 Also, the Second Circuit held that the per se rule created by the district court against color marks in the fashion industry was inconsistent with the decision in Qualitex where the court “specifically forbade the implementation of a per se rule that would deny protection for the use of a single color as a trademark in a particular industrial context.” Other courts have applied a48 functionality test to this analysis. Keywords: color; court; design; fashion; inc; louboutin; product; protection; red; sole; trademark; use
• Confusion or Mere Diversion? Rosetta Stone v. Google's Impact on Expanding Initial Interest Confusion to Trademark Use in Search Engine Sponsored Ads by Boling, Aleasha J (2015) - [Vol. 47:279 Southern District of California found defendant’s use of plaintiff’s trademarks amounted to fair use, but there could be no fair use if there was a likelihood of confusion.132 Thus, it found there was no likelihood of confusion under plaintiff’s initial interest confusion theory.133 The Playboy court distinguished Brookfield, saying neither Brookfield nor any cases it cited involved the fair use defense or use of trademarks in metatags that fairly describe the content of the site, and Brookfield expressly left open the fair use defense.134 In Playboy, the court also cited Brookfield’s discussion of the special nature of confusion in metatags cases and how the traditional eight-factor confusion test would not suffice because it could not be said that consumers would necessarily be confused as to the source of the product at the time of purchase.135 Thus, the court deemed the relevant factors in initial interest confusion cases to include 1) the confusion is “damaging and wrongful,” 2) the confusion would lead to consumer’s interest in defendant that he would not have had otherwise, and 3) the confusion offers an opportunity for sale for the defendant that would not otherwise be available.136 After outlining the important factors, the court concluded that none of them were relevant in Playboy.137 The court in Designer Skin, LLC v. S&L Vitamins, Inc., negatively cited Australian Gold on facts that were nearly identical, saying: In this court’s view, there is a meaningful distinction between (1) using a mark to attract potential customers to a website that only offers products of the mark holder’s competitors and (2) using a mark to attract potential customers to a website that offers the mark holder’s genuine products as well as the products of competitors. . . . See Tiffany, Inc. v. eBay, Inc., 600 F.3d 93 (2d Cir. 2010) (finding no liability for search engines because plaintiffs could not prove a likelihood of consumer confusion or that the search engines made “use” of the trademarks as required elements of infringement); 1-800 Contacts, Inc. v. WhenU.com, Inc., 414 F.3d 400 (2d Cir. 2005). Keywords: cir; confusion; consumer; court; google; inc; interest; interest confusion; rosetta; search; stone; trademark; use
• The Big MAC: How Should Courts Approach MAC Clauses in Merger and Acquisition Agreements? by Morgan, Peggy (2024) - Although MAC clauses have been ubiquitous in merger and acquisition agreements for a long time, the Delaware Court of Chancery’s 2001 decision in IBP was among the first to conclusively decide whether a MAC had occurred, laying the foundation for future MAC clause litigation.33 Prior to the IBP ruling, MAC case law was uncertain with no established framework for determining the materiality of a change in the target’s business, arguably the most important factor in MAC litigation.34 In IBP, Tyson, the nation’s leading chicken distributor, sought to out-bid a competitor to acquire IBP, aiming “to create the world’s preeminent meat products company. PEGGY MORGAN* INTRODUCTION Since the twentieth century, material adverse change (“MAC”) clauses— otherwise known as material adverse effect (“MAE”) clauses—have existed generally in the United States as perfunctory boilerplate provisions included in merger and acquisition agreements and received little, if any, attention in litigation.1 Beginning in the early 2000s, however, MAC clauses began evolving into intricately detailed and complex transactional creatures with counsel on both sides vying to preemptively memorialize every condition that could constitute a MAC along with the relevant carve-outs.2 Although MAC clauses were once simple and unremarkable, the clause’s increased detail—and subsequent litigation—has been sparked, in part, by major world events including natural disasters, wars, terrorist attacks, international calamities, and, most recently, the COVID-19 pandemic.3 Keywords: acquirer; agreement; akorn; clauses; company; court; del; inc; mac; mac clause; miller; risk; schwartz; seller; target; target company
• Recent Developments in Civil RICO Law by Karwath, Bart A. (1994) - The increasing importance of civil RICO in contemporary jurisprudence is revealed by the number of RICO symposiums held by legal publications to mark RICO's twentieth anniversary: Law 1 152 INDIANA LAW REVIEW The Seventh Circuit also found that although the Supreme Court has instructed courts to avoid establishing undue limitations [on] civil RICO, the Supreme Court has frequently discussed RICO in the context of business- es.^^ Keywords: activity; circuit; civil; continuity; court; enterprise; f.2d; inc; pattern; racketeering; requirement; rico

• Random Drug Testing of Police Officers: A Proposed Procedure Which Satisfies Fourth Amendment Requirements by Boodt, David B. (1989) - In Policemen's Benevolent Association v. Washington Township, ^^^ the United States Court of Appeals for the Third Circuit became the first court not to require reasonable suspicion under the fourth amend- ment before random drug testing police officers. In 1986 about one-fourth of the leading industrial companies conducted drug testing. Keywords: cir; court; drug; drug testing; f.2d; fourth; individual; officers; police; search; supp; suspicion; testing; use
• Moore v. Regents of the University of California: More for Biotechnology, Less for Patients by Leeds, James P. (1991) - '^ The rapid increase in the development of biotechnology has resulted in an increase in the use of human biological materials in research. Human biological materials are indispensable as a source of important genetic information, such as a source of DNA that codes for a particular protein or antibody. Keywords: cal; cell; consent; conversion; court; disclosure; human; materials; moore; moore court; p.2d; patient; physician; research; rptr; use

• University Bias Response Teams: Balancing Student Freedom from Discrimination and First Amendment Rights through Student Outreach by Krause, Anna K. (2023) - In 2015, the University of Oklahoma expelled two students for leading peers in song, which included a racial slur and lyrics referencing lynching, as well as the statement that their organization would never admit Black students.6 Free speech scholars and organizations criticized the decision, stating that it infringed student free speech rights under the First Amendment, while the University President defended the expulsion, arguing that the students created a “hostile” environment.7 In the midst of this tension, federal circuit courts have addressed bias incident response on university campuses through the lens of the First Amendment.8 Specifically, three federal circuit courts have addressed whether campus officials requesting either mandatory or voluntary meetings with students who have allegedly engaged in bias conduct violates student First Amendment rights.9 These court decisions provide insight for campus professionals to analyze their own practices in the face of bias incidents on their respective campuses.10 CONCLUSION College and university administrators are grappling with how to address bias incidents through a delicate balance of student First Amendment rights and student rights to freedom from discrimination. Keywords: abbott; amendment; bias; conduct; court; meeting; process; response; rights; speech; student; team; university
• World Trade Agreements: Advancing the Interests of the Poorest of Poor by McGinnis, John O. (2001) - Empirically, evidence overwhelmingly supports the proposition that trade helps poor countries become more wealthy. See James Gwartney et al., Economic Freedom of the World, 1 975- 1 995 at xxii (1996) (showing that citizens in wealthier countries enjoy greater protection for civil rights than those in poorer countries). Keywords: countries; interests; rights; trade; world

• Judicial Review of Shareholder Derivative Suits: Directors' Diminishing Control of Corporate Litigation by Emison, Lucy A. (1985) - [Vol. 18:599 Several articles^ have discussed the business judgment rule, derivative actions, and the demand requirement.^ This area of law received con- siderable attention after the landmark decision in Zapata Corp. v. Maldonado^^ created a higher level of judicial scrutiny of motions to dismiss excused demand derivative suits. Then, in 1981, the Delaware Supreme Court announced that its scrutiny of dis- missal motions in demand excused cases would extend beyond the in- dependence and good faith of the directors and would delve into the substance of the allegations by the excercise of the court's own business judgment. Keywords: board; business; cert; cir; committee; corporation; court; demand; derivative; directors; f.2d; judgment; litigation; zapata
• Bankruptcy in the Seventh Circuit: 1994 by Boshkoff, Douglass G. (1995) - The Court of Appeals affirmed the dismissal.^^ Judge Posner's opinion rejects arguments that bankruptcy jurisdiction exists either because the equitable action is related to the bankruptcy proceeding or arises under the bankruptcy statute.^^ As for the argument that the existence of federal jurisdiction would encourage purchasers to participate at bankruptcy sales, Judge Posner was unimpressed: It implies, what no one believes, that by virtue of the arising-under jurisdiction a bankruptcy court enjoys a blanket power to enjoin all future lawsuits against a buyer at a bankruptcy sale in order to maximize the sale price: more, that the court could in effect immunize such buyers from all state and federal laws that might reduce the value of the assets bought fi^om the bankrupt; in effect, that it could discharge the debts of nondebtors (like Zerand) as well as of debtors even if the creditors did not consent; that it could allow the parties to bankruptcy sales to extinguish the rights of third parties, here fijture tort claimants, without notice to them or (as notice might well be infeasible) any consideration of their interests. Keywords: bankruptcy; carpetland; cir; claim; court; debtor; plan; relief; u.s.c; udell
• Bankruptcy in the Seventh Circuit: 1995 by Boshkoff, Douglass G. (1996) - This language indicates a lack of enthusiasm for Koch 's approval of alter ego suits by bankruptcy trustees. Reliance on § 544 is problematic in view of Congress' failure to overrule Caplin v. Marine Midland Grace Co., 406 U.S. 416 (1972) (bankruptcy trustee has no standing to sue indenture trustee on behalf of individual bondholders). Keywords: bankruptcy; cir; claim; court; creditor; debtor; f.3d; trustee; u.s.c
• ERISA Disclosure Decisions: A Pyrrhic Victory for Disclosure Advocates by Schulstad, Eugene P. (2001) - (1999) C[T]he policy of this chapter [is] to protect ... the interests of participants in employee benefit plans and their beneficiaries . . . Although ERISA covers employee benefit plans otherthan pension plans, this Note focuses on courts' disclosure decisions as they relate to employee retirement decisions. Keywords: benefits; bins; cir; circuit; court; disclosure; duty; employees; erisa; fiduciary; information; participants; pension; plan; retirement; varity
• The Emergence of Divergence: The Federal Court's Struggle to Apply Heck v. Humphrey to § 1983 Claims for Illegal Searches by Vink, Paul D. (2002) - Federal cases regarding these § 1983 actions have been included only if they shed some light on a circuit's position pertaining to illegal search claims. Aug. 1 5, 1 996) (per curiam) (recognizing, without expressly including illegal search claims, that § 1 983 claims under Heck generally require a favorable termination of the criminal conviction before proceeding); Wright v. Oliver, 85 F.3d 1 78, 1 82-83 (4th Cir. 1 996) (holding that the § 1 983 claim for an alleged warrantless arrest could have proceeded immediately without affecting the validity ofthe conviction); Calero-Colon v. Betancourt-Lebron, 68 F.3d 1, 4 (1st Cir. 1995) (holding that the plaintiffs § 1983 claims did not accrue until the criminal trial ended in acquittal); Snyder v. City ofAlexandria, 870 F. Supp. Keywords: cir; circuit; claim; conviction; court; example; exception; heck; position; search; search claim
• Defining Disparate Treatment Under the Pregnancy Discrimination Act: Hall v. Nalco Co., What to Do When You Are in a Class of Your Own by Paynter, E. Ashley (2009) - See supra Part II.A (describing IVF treatment); Manners, supra note 31, at 209-11 (illustrating the difficulty in finding a class ofemployees similarly situated to pregnant women). B. Public Policy Supports a New Approach to Disparate Treatment in IVF Based PDA Cases It is not uncommon to hear in popular discourse that today's women want to do it all. Keywords: action; cir; co.; court; discrimination; disparate; employer; employment; hall; ivf; pda; pregnancy; title; treatment; vii; women

• Work Product Discovery in Insurance Litigation by Woodward, Brian (1985) - Next, the problems which currently face insurers and claimants and the various approaches to the application of federal rule 26(b)(3) to insurance litigation will be dis- cussed. [Vol. 18:547 B. Newton v. Yates; A Decision Without a Solution The relationship among bad faith, punitive damages, and the rules of discovery adds greater confusion to an already uncertain Indiana position regarding the work product doctrine and insurance litigation. Keywords: attorney; claim; co.; court; discovery; f.r.d; insurance; insurer; investigation; litigation; materials; product; work
• Insurance Companies and Work Product Immunity Under Trial Rule 26(B)(3): Indiana Adopts A Fact-Sensitive Approach by Woodward, Brian L. (1986) - Trial courts are given a great deal of discretion in questions regarding discovery, ^° and the court of appeals could do little more than conclude that the trial court had not reached a clearly erroneous decision.^' Next, the court examined the relevancy of the materials to Hag- erman's claim for punitive damages based on the theory that CIGNA denied the claim in bad faith. In CIGNA, the trial court announced its decision the day after the insurer submitted the documents for in- spection.^' Now that the court of appeals has established the approach to be used in resolving this discovery question, trial courts and parties will be better able to distinguish between facts which indicated that the materials were prepared in the ordinary course of an insurer's business and those which indicate the requisite anticipation of litigation. Keywords: co.; court; litigation; materials

• Title IX and Its Funding Termination Sanction: Defining the Limits of Federal Power Over Educational Institutions by Turner, Wayne C. (1984) - This Note derives a logical construction of these provisions and proposes differing applications of Title IX sanctions to the two recurrent factual settings in Title IX cases. Indeed, the Court's narrow interpretation provides an unnec- essary restraint on the strength of Title IX sanctions. Keywords: aid; assistance; city; college; court; f.2d; grove; institution; program; recipient; students; title; title ix
• Developments in Employment Discrimination Law by Brundage Jongleux, Lynn (1986) - The pauper affidavit and order contained Brown's sworn statement that he was unable to pay court costs and an order requiring only the district judge's signature to authorize Brown's proceeding in forma pauperis. •Many courts and commentators have adopted the terms hostile environment or work environment and quid pro quo to describe the different types of sexual harassment. Keywords: age; circuit; city; court; decree; discrimination; district; district court; employment; f.2d; plaintiffs
• Developments in Social Security Law by Smith Jr., Theodore F. (1988) - 2* In addition, the Secretary replaced the phrase '* slight abnormality with the phrase '* severe impairment. At first, at least one critic thought that the step 2 * 'severe impairment standard would not change the law regarding whether the claimant has a medically determinable physical or mental impairment. Keywords: court; disability; f.2d; impairment; regulation; secretary; step; work
• The Test for Patent Infringement Under the Doctrine of Equivalents After Pennwalt v. Durand-Wayland by Lau, Emily (1989) - The doctrine of equivalents is the primary (although not the exclusive) cause of the current uncertainty surrounding the scope of patent claims. Fourth, due process concerns are potentially raised to the extent that pervasive and systemic uncertainty generated by the doctrine of equivalents destroys the ability of patent claims to provide fair notice, so that they effectively provide no notice. Keywords: analysis; claim; court; device; doctrine; element; element analysis; equivalents; f.2d; infringement; invention; patent

• The Effect of NCAA v. Board of Regents on the Power of the NCAA to Impose Television Sanctions by Law Review, Indiana (1985) - The NCAA relied on Broadcast Music, Inc. v. Col- umbia Broadcasting System, Inc.^^ to argue that its television plan con- stituted a joint venture which assisted in the marketing of television rights and was therefore procompetitive.^' The Court rejected this argument, relying on the district court's finding that NCAA football could be marketed just as effectively without the television plan.^ The Court Id. Hennessey v. NCAA, 564 F.2d 1136 (5th Cir. 1977) (upholding NCAA rule limiting number of assistant football coaches member institutions could employ); Justice v. NCAA, 577 F. Supp. 356 (D. Ariz. 1983) (upholding NCAA sanctions prohibiting University of Arizona football team from appearing on television and from participating in post-season bowl games); Jones v. NCAA, 392 F. Supp. 295 (D. Mass. 1975) (upholding NCAA eligibility guidehnes); College Athletic Placement Service, Inc. v. NCAA, 1975-1 Trade Cas. Keywords: board; college; court; football; football television; games; market; ncaa; regents; television; television plan; television sanctions

• By the Content of Their Character: Good-Faith Consideration of Race-Neutral Alternatives in Affirmative Action Under Fisher by Carr, Evan D. (2016) - [Vol. 49:745 Fifth Circuit’s assertion that without race minorities have no opportunity to distinguish themselves becomes pedestrian at best. Part III provides11 guidance regarding the establishment of a true critical mass by suggesting that universities observe a four-fifths rule that makes minority applicants eligible for admissions at at least four-fifths the rate that white students are eligible, while reserving the decision of which applicants are offered admission to a discretionary judgment by an admissions officer. Keywords: aaps; action; applicants; court; fisher; grutter; mass; minorities; minority; policy; race; universities; university

• When Can the Owners Participate in the Reorganized Debtor?: Cram Down as a "Shield" for Creditors by Carr, James M. (1982) - They might do so if creditors cannot propose a better plan, that is, a plan that would generate a larger recovery without the agreement and cooperation of the owners, or a commitment that the owners will participate in the business following confirmation.47 Creditors might not be able to propose a better plan without the participation of the owners if the owners possess management, sales, or other skills that See note 16 supra. Cram Down as a Shield for Creditors James M. Carr* I. Introduction The goal in most cases under Chapter 11 of the Bankruptcy Code 1 is confirmation by the Bankruptcy Court of a reorganization plan that will provide for the distribution of the going concern value of the debtor business to creditors and owners.2 A confirmed plan represents resolution of the inherent conflict between the interests of the business' owners and creditors. Keywords: bankruptcy; business; chapter; creditors; debtor; interest; owners; ownership; plan; value

• Taxation by Law Review, Indiana (1975) - The trial court held that these funds were life insurance proceeds payable to a designated beneficiary and thus were exempt from the Indiana inheritance tax. The court held that as long as a third party employer's pension plan involves the essential elements of risk for the parties, it can operate as a conduit for life insurance proceeds; and the employee's beneficiary, although paid from the fund established and maintained by the employer, will not the subject to Indiana inheritance tax on the proceeds. Keywords: inheritance; insurance; life; proceeds; tax
• Life Insurance Conditional Receipts in Indiana by Bell Jr., Allen A. (1979) - The federal district court, applying Indiana law, failed to distinguish between approval and insurability receipts, and to discern differences among conditions imposed by insurance companies through the use of condi- tional receipts. The court's observation may be literally true; there would be no quid pro quo if insurance companies disclaimed all liability prior to acceptance or rejection. Keywords: applicant; application; company; court; insurability; insurance; policy; receipt

• Getting a Handle on Coverage Decisions: If Not Case Law, Then What? by Mehlman, Maxwell J. (1998) - Therefore, a complete picture of health care coverage would include knowledge of the premiums associated with different types of plans or coverage options, along with the co-payment and deductible rules for each option. 3. This makes it all the more discouraging that for coverage decisions we lack data even as good as that we have on malpractice. Keywords: care; coverage; data; decisions; health; information

• A Commentary on Public Funds or Publicly Funded Benefits and the Regulation of Judicial Campaigns by BeVier, Lillian R. (2002) - Thus what at first glance seem to be the most obviously relevant precedents offer much less guidance than First Amendment precedents usually do—and that is precious little. Indiana Law Review A Commentary on Public Funds or Publicly Funded Benefits and the Regulation of Judicial Campaigns Lillian R. BeVier* Professor Briffault's paper 1 is an elegant and virtually unassailable analysis of the question of whether receipt of public campaign funds by candidates for judicial office may, consistently with modern First Amendment doctrine, be conditioned upon the candidates' agreement to certain constraints on the content of their campaign speech. Keywords: amendment; briffault; candidates; speech

• Recent NLRB Developments by Swider, David L. (1986) - * With its decision in Collins Refractories,^^ however, the Board has now taken the position that Self-Cycle is incompatible with the standard for concerted activity enunciated in Meyers: '^Clearly, the filing for benefits is an individual act undertaken by the individual solely on his own behalf and for his own benefit rather than for the mutual aid and benefit of other employees. . . Indiana Law Review Recent NLRB Developments David L. Swider* I. Introduction During the past year,' the National Labor Relations Board (Board or NLRB) has issued a number of decisions that represent marked changes in Board interpretation of the National Labor Relations Act.^ Because members of the NLRB are appointed by the President of the United States,^ and because the NLRB's interpretations of the Act are to be upheld by reviewing courts so long as they are reasonable/ the poten- tial is great for a given Board to have a substantial impact on labor law. Keywords: activity; board; court; employee; l.r.r.m; meyers; n.l.r.b; nlrb; right; union

• Recent NLRB Developments by Swider, David L. (1987) - The Board also premised its holding on Pattern Makers* and other Board decisions that permitted a union member to resign from full membership and, thereby, avoid subsequent union discipHnary attempts.^' Relying on this latter line of cases, the Board summarily rejected the unions' argument that provi- sions in the unions' constitutions purporting to limit members' resignation rights precluded giving any effect to the employees' resignation letters. In addition to Board cases, this Article will discuss pertinent United States Supreme *Partner, Sommer & Barnard, Indianapolis. Keywords: bargaining; board; court; election; employees; employer; l.r.r.m; labor; member; n.l.r.b; union

• Federal Income Taxation of Scholarships and Fellowships: A Practical Analysis by Tucker, Mary Ann (1975) - The role of financial need in selecting grant recipients is another important factor. The number of working hours required, the role of financial need in selecting grant recipients, the amount of the stipend, the withholding of income tax from the stipend, and the receipt of fringe benefits by research assistants are factors to be considered in determining whether a grant possesses the normal character- istics of a scholarship or is compensation. Keywords: benefit; bull; cch; cch tax; compensation; cum; degree; fellowship; graduate; grant; grantor; income; mem; recipient; research; rev; scholarship; services; stipend; student; t.c; tax; tax ct; teaching; university
• Estate Planning: The Use of Irrevocable Life Insurance Trusts by Yates, C. Daniel; Chenoweth, Michael O. (1990) - ^^ IRS private letter rulings regarding irrevocable life insurance trusts have allowed the delivery to the Crummey powerholders of a schedule of future premium payments to serve as '^continuing notice to persons holding Crummey powers. Therefore, with respect to the vast majority of irrevocable life insurance trusts, the lapse of a Crummey pov^er to withdraw trust property in excess of $5,000 will subject the designated Crummey powerholder or his estate to liability for gift or estate taxes, respectively, even though he did not receive any funds from the trust with which to pay these taxes. Keywords: estate; insurance policy; insurance trust; life insurance; policy; settlor; tax; trust
• Economic and Financial Analysis of Alternative Uses of Agricultural Land by Smart, Winston I. (1991) - He must consider how easy it is for other new entrepreneurs to enter the market and whether his success will breed a multiplicity of imitating competitors. This could be detrimental, especially if it occurs after the entrepreneur has done his financial planning on an assumption of higher product prices. Keywords: alternative; business; costs; demand; enterprise; entrepreneur; landowner; market; price; product; revenue; tax

• The Patentability of Signal-Carrying Media by McCusker, Kevin T. (2021) - However, even if Nuijten established a rule that an article of manufacture must be non-transitory, a tangible medium carrying transitory signals would be patentable subject matter. The Federal Circuit held that a signal per se—as opposed to a device or method for making a signal—was not eligible for patent protection because it did not fall into any of the four statutory categories of invention.7 Since Nuijten, the United States Patent and Trademark Office (USPTO) does not allow patents to issue that cover signals in transmission, such * J.D. Candidate, 2019, Indiana University Robert H. McKinney School of Law; B.S. in Physics, B.S. in Computer Engineering, 2006, University of Notre Dame; M.S. in Physics, 2008, Ph.D. in Physics, 2012, University of Illinois; registered to practice before the United States Patent and Trademark Office. Keywords: article; claim; composition; court; fiber; manufacture; matter; medium; non; nuijten; patent; signal; software
• The Descendants of Fassihi: A Comparative Analysis of Recent Cases Addressing the Fiduciary Claims of Disgruntled Stakeholders Against Attorneys Representing Closely-Held Entities by Rossman, Matthew J. (2005) - In fact, it is not uncommon for stakeholders suing entity attorneys to use negligence claims to encompass breach of fiduciary duty claims and vice-versa.^^ In essence, the Nonclient Third Party Beneficiary theory provides that in certain circumstances a lawyer owes a duty of care to a nonclient when the nonclient is either invited or intended to benefit from the lawyer' s services to his or her client.^^ The Fassihi court found a breach of fiduciary duty claim applicable to both the lawyer's alleged failure to disclose information that affected the plaintiff/disgruntled stakeholder and his alleged 56. Keywords: attorney; claim; client; corporation; court; duty; entity; fassihi; fiduciary; lawyer; partnership; relationship; richter; stakeholders

• Decedents' Estates—Descent and Distribution Statutes by Hewetson, Bruce (1975) - Indiana Law Review ©eee«leiits» Estates — Descent and Distribution Statutes— Statute allowing inheritance by illegitimate children through the mother but silent on inheritance through the father held invidious discrimination under the equal protection clause of the fourteenth amendment. The Court of Appeals of Ohio held in Green v. Woodard7 that such classifi- cation was not discrimination between legitimates and illegiti- mates, 8 but was discrimination between illegitimate children who inherit from and through their mothers and those illegitimate children who were prohibited from inheriting from and through their fathers. Keywords: child; children; court; green; ohio

• In Celebration of Larry McKinney and Denise LaRue by Shepard, Randall T. (2018) - IN CELEBRATION OF LARRY MCKINNEY AND DENISE LARUE RANDALL T. SHEPARD* Make no mistake that the deaths of Magistrate Judge Denise LaRue and Senior Judge Larry McKinney have left a deep and widespread sense of loss inside the legal profession and beyond. Judge McKinney somehow carried out all of his assignments with an air of affability – no, genuine humor – that was appreciated by all. Keywords: court; judge; larue; mckinney
• Small Kindnesses: A Tribute to Judge Hamilton by Paul, Brian J. (2023) - SMALL KINDNESSES: A TRIBUTE TO JUDGE HAMILTON BRIAN J. PAUL* Judge Hamilton was President Obama’s first judicial nominee.1 I am the longtime president of the Indianapolis Lawyers Chapter of the Federalist Society, a group of conservatives and libertarians interested in the current state of the legal order.2 To state the obvious, Judge Hamilton and I do not exactly run in the same legal circles. So, given the social and political climate of late, riven as it is between those on the left and those on the right, you might think Judge Hamilton would have nothing to do with me, at least outside the courtroom. Keywords: circuit; court; hamilton; judge
• The Oral History of Richard L. Young of the United States District Court for the Southern District of Indiana by Young, Richard L.; Tinder, John Daniel (2024) - He was put forth for nomination for district judge by Senator Bayh who I believe was the senior senator in Indiana at the time. The thing about having one circuit judge in a county, if lawyers were forum shopping or judge shopping and they wanted to file their civil case with a certain judge, they knew what judge they were going to get in circuit court as opposed to a random selection in most superior courts. Keywords: circuit; court; district; jdt; judge; senator; time

• The Effects of Media-Based Campaigns on Candidate and Voter Behavior: Implications for Judicial Elections by Iyengar, Shanto (2002) - 7 Virtually from necessity, therefore, judicial candidates must gravitate to the forum of paid advertising. When voters are denied information about the party affiliation of judicial candidates, the lack of information could be an overwhelming problem. Keywords: advertising; campaign; candidates; elections; information; media; news; voters

• Negotiable Instruments: The Bank Customer's Ability to Prevent Payment on Various Forms of Checks by Wallach, George (1978) - This is probably due to three interrelated factors: (1) Less litigation has been generated in bank check situations, (2) the Code itself is more ambiguous about the intended rules, and (3) the relationships involved are more numerous and more complex. A. Certified Check The two types of bank checks that are most commonly used are the certified check and the cashier's check. However, the bank customer's ability to prevent payment on bank checks is another matter. Keywords: bank; check; claims; customer; defenses; drawer; holder; instrument; payment; u.c.c
• Employers Beware: Burlington Northern v. White and the New Title VII Anti-Retaliation Standard by Eckhart, Christopher J. (2008) - 15 Congress included the anti-retaliation provision because it recognized a need to protect employees from employer retaliation in order for Title VII to be effective. Preventing liability for Title VII retaliation claims starts with an effective policy against employer retaliation. Keywords: burlington; claims; court; defense; employee; employers; employment; provision; retaliation; standard; title; vii

• Women and Subprime Lending: An Essay Advocating Self-Regulation of the Mortgage Lending Industry by Brown, Carol Necole (2010) - 2010] WOMEN AND SUBPRIME LENDING 1223 alleged discriminatory practices with calls for: (1) strengthening the HMDA reporting requirements for covered institutions to include all of the variables that financial institutions consider when determining creditworthiness and when pricing loans, (2) greater accountability through the establishment of a set of national mortgage lending standards (a move away from deregulation of mortgage markets), (3) consolidating our fragmented banking regulatory structure, (4) fixing the mortgage securitization process to promote greater disclosures (a quality of investment problem) and to ensure closer alignment of the incentives of investors and originators, (5) imposing stricter enforcement of existing consumer protection laws, and (6) backing away from federal preemption of state consumer protection laws.^^ The mortgage-related financial crisis emphasized the deficiencies in the internal controls and compliance programs of the participants in the nation's mortgage lending industry. [and that] mortgage brokers and lenders disproportionately sold subprime mortgages to women on their own even when they could have qualified for lower-cost loans.'' Keywords: compliance; crisis; income; industry; lending; loans; mortgage; percent; practices; self; subprime; women

• Antitrust — Price Squeeze by Barbieri, Charles E. (1979) - Initially, the Federal Power Commission (FPC), now the Federal Energy Regulatory Commission,^ refused to con- sider the price squeeze allegations in reviewing wholesale rate re- quests made by large utilities on the grounds that the agency only had jurisdiction over wholesale rates and, therefore, could not ex- amine a dual rate price structure which involved both retail and wholesale rates. Indiana Law Review Recent Development Antitrust— Price Squeeze-A vertically integrated utility's im- position of wholesale rates that exceeded its retail rates held to be an exclusionary act in violation of antitrust laws. Keywords: antitrust; court; electric; power; price; rates; retail; squeeze; wholesale

• International Codes of Research Ethics: Current Controversies and the Future by Levine, Robert J. (2002) - Section II of the Helsinki V sets forth the guidelines developed for therapeutic research; Section III is concerned with non-therapeutic research. The problems in the category of therapeutic research are equally troubling. Keywords: article; countries; declaration; ethics; helsinki; medical; research; trials

• A New Sex Education: The Title IX Defense Against "Don't Say Gay" by Watson, Robert Blake (2024) - NO NEW CONTROVERSY Where dialogues surrounding sex education are permitted, quarrels are abundant.3 Sex education is no new controversy. Although debates over the inclusion of sex education in schools now focus on students’ access to comprehensive curricula that includes the experiences of queer and transgender students, sex education in the United States has long maintained its roots in the institutional promotion of “sexual purity.” Through an exploration of the latest attacks on comprehensive sex education, particularly in the context of reinvigorated “Don’t Say Gay and Trans” legislation, this Article postulates that a novel interpretation of Title IX of the Education Amendments of 1972 is needed that requires education policymakers to incorporate the experiences and needs of queer and transgender students in sex education curricula. Keywords: basis; bostock; curricula; discrimination; education; gay; gender; queer; sex; sex education; students; title; trans
• Limits on Housing and Neighborhood Choice: Discrimination and Segregation in U.S. Housing Markets by Austin Turner, Margery (2008) - When discrimination takes the form of politely steering minority customers away from white neighborhoods, showing some but not all of the available apartments, or providing less assistance in resolving credit problems, victims rarely know that comparable white customers receive better treatment.^^ Although many instances of housing discrimination almost certainly go undetected, a substantial number of Americans believe that they have been victims of discrimination at some point in their lives. Minority neighborhoods generally have lower house values compared to white neighborhoods, and consequently, a lower property tax base from which to fund public schools. Keywords: blacks; discrimination; fair; hispanics; housing; metropolitan; minorities; minority; neighborhoods; people; segregation; white

• What Kinds of Neighborhoods Change Lives? The Chicago Gautreaux Housing Program and Recent Mobility Programs by DeLuca, Stefanie (2008) - Another study found that, as young adults, Gautreaux children who moved to the suburbs were more likely than city movers to graduate from high school, attend college, attend four-year versus two-year colleges, and (if they were not in college) to be employed and to have jobs with better pay and with benefits.''' The use of administrative records permitted us to locate 1504 of 1507 families,'^ and we found that 66% of suburban families remained in the suburbs an average of 12. Keywords: children; families; gautreaux; housing; mobility; mothers; mto; neighborhoods; program; schools

• 1995 Survey of Indiana Commercial Code by Hurtt, Diane Rae (1996) - It is contemplated that from time to time purchase orders, in forms prepared by Distributor or other purchasers, may be used in ordering products and that there may be included in such forms certain stipulations, conditions or agreements not otherwise contained herein. [hereinafter Kimco /], the Tax Court of Indiana had previously addressed the issue of whether Kimco' s leases were true leases or disguised security interests. Keywords: agreement; court; kimco; lease; option; purchase

• Judicial Campaign Conduct Committees: Some Reservations About an Elegant Solution by Lubet, Steven (2002) - Depending upon the outcome of that case, judicial campaign conduct committees may well become the principal means for the implementation, or perhaps even the articulation, of ethical standards in judicial elections. Thereafter, Section II will evaluate the posited virtues of judicial campaign conduct committees, raising some misgivings and reservations that were not discussed by Reed and Schotland. Keywords: campaign; candidate; committees; conduct; court; election; reed; schotland; speech

• Missing Analytical Link in Supreme Court's "Salting" Decision Disturbs Balance of Union-Management Rights: A Critical Analysis of NLRB V. Town & Country Electric by Estes, R. Wayne; Joseph, Andrea E. (1997) - L. REV. 515 (1995) (examining the controversy surrounding the status of paid union organizers as employees and urging Supreme Court resolution of the issue); Note, Organizing Worth its Salt: The Protected Status ofPaid Union Organizers, 108 Harv. U. L.Q. 1429 (1995) (proposing a test to resolve the uncertainty surrounding the status of paid union organizers under the NLRA); John M. Tarver, Note, H.B. Zachry Co. v. NLRB: Keywords: applicants; company; country; court; employees; employer; fide; labor; nlrb; organizer; town; union; union organizers

• The Plight of the Defaulting Mortgagor by Beck, Sigmund J. (1982) - Ad- vance Mortgage Corp. v. Land {In re Land), 14 Bankr. 132 (N.D. Ohio 1981) (where peti- tion was filed before confirmation of sheriffs sale, debtor could cure provided the judg- ment in entirety was paid in full over the life of the plan). [Vol. 15:561 stage of default: those who are only a few months in default; those whose mortgages have been accelerated, pursuant to contractual provisions authorizing such acceleration; those against whom judgments of foreclosure have been entered; and those whose property has already been sold.4 The use of Chapter 13 by debtors wishing to reinstate their mort- gages has brought forth a number of interesting, as well as conflict- ing, decisions. Keywords: bankr; chapter; debtor; default; plan

• Remarks at the Indiana Law Review Symposium on "Law and the Financial Crisis": April 5, 2013 by Wallison, Peter J (2015) - Under the Treasury plan, banks themselves would continue to be restricted by Glass-Steagall, but bank holding companies—ordinary corporations that control one or more banks—would be able to underwrite and deal in securities or control subsidiaries that did so. Its policy purpose was to allow bank holding companies to engage in other financial activities, such as underwriting insurance as well as underwriting and dealing in securities, though it retained the portion of Glass- Steagall that prohibits banks themselves from doing so. Keywords: banks; companies; crisis; firms; glass; holding; securities; steagall

• Indiana's Comparative Fault Law: A Legislator's View by Becker, Nelson J. (1984) - Secondly, comparative fault was regarded by legislators as more equitable to the slightly-at-fault plaintiff than the contributory negligence rule. Comparative fault avoids the inequity under the contributory negligence rule of totally barring recovery to a plaintiff who is slightly at fault. Keywords: comparative; fault

• Labor Law—Successorship by Hinchman, Sherry F. (1974) - However, in Howard Johnson, the Court said it was attempting to balance Wiley and Burns when it held that when there was no substantial continuity of identity in the work force and no express or im- plied assumption of the agreement to arbitrate, Howard Johnson was not compelled to arbitrate the extent of its obligations to the former Grissom employees.79 One important question which the Howard Johnson Court did not explore was what policy is to control in a situation in which the successor employer takes over a business when there is sl substantial continuity of identity in the work force hired by the new employer with that of the previous employer. In a recent decision, Howard Johnson Co. v. Detroit Local Joint Executive Board? Keywords: bargaining; court; employees; howard; johnson; union

• Back Matter by Law Review, Indiana (1983) - You get full text of Supreme Court decisions and select lower court opinions. Covers Supreme Court proceedings, argu- ments, actions, filings; decisions of fed- eral courts of appeal and district courts, and of principal state courts; Congres- sional and state legislative action; reports and recommendations of commissions, as- sociations, the Bar, and law journals. Keywords: court; decisions; immigration; naturalization

• Back Matter by Law Review, Indiana (1980) - LOCATION OF THE HEADQUARTERS OR GENERAL BUSINESS OFFICES OF THE PUBLISHERS (Not printers) 735 W. New York Street, Indpls., Ind. 46202 NAMES AND COMPLETE ADDRESSES OF PUBLISHER, EDITOR, AND MANAGING EDITOR PUBl-lSHER (Name and Address) 735 W. NeW YOrk Street Indiana University School of Law-Indianapolis Indpls., Ind. 46202 EDITOR (Name and Address) Roger D. Erwin 735 W. New York Street Indpls., Ind. 46202 MANAGING EDITOR (Name and Address) Linda Lamping 735 W. New York Street Indpls., Ind. 46202 7. Keywords: address; editor; street

• A Note from the Editors by Editors (2022) - Indiana Law Review Volume 54 2021 Number 3 SYMPOSIUM A NOTE FROM THE EDITORS Every year, Indiana Law Review has the privilege of composing and hosting a Symposium at the Indiana University Robert H. McKinney School of Law. However, the COVID-19 pandemic abruptly compelled a shutdown of most of the world, just weeks before the scheduled annual Indiana Law Review Symposium. Keywords: symposium

• The Constitutional Infirmities of Indiana's Habitual Offender Statute by Marshall, Nancy L. (1980) - Vol13No2-1980-001_page 597 Vol13No2-1980-002_page 598 Vol13No2-1980-003_page 599 Vol13No2-1980-004_page 600 Vol13No2-1980-005_page 601 Vol13No2-1980-006_page 602 Vol13No2-1980-007_page 603 Vol13No2-1980-008_page 604 Vol13No2-1980-009_page 605 Vol13No2-1980-010_page 606 Vol13No2-1980-011_page 607 Vol13No2-1980-012_page 608 Vol13No2-1980-013_page 609 Vol13No2-1980-014_page 610 Vol13No2-1980-015_page 611 Vol13No2-1980-016_page 612 Vol13No2-1980-017_page 613 Vol13No2-1980-018_page 614 Vol13No2-1980-019_page 615 Vol13No2-1980-020_page 616 Vol13No2-1980-021_page 617 Vol13No2-1980-022_page 618 Vol13No2-1980-023_page 619 Vol13No2-1980-024_page 620 Vol13No2-1980-025_page 621 Vol13No2-1980-026_page 622 Vol13No2-1980-027_page 623 Vol13No2-1980-028_page 624 Vol13No2-1980-029_page 625 Vol13No2-1980-030_page 626 Keywords: vol13no2

Epilogue

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Created: 2025-12-31