THOUGHTS ON THE 25TH AMENDMENT

The news of late includes word of Republicans (Sen. Bob Corker, for example) joining the chorus of Democrats questioning President Trump’s fitness to hold office. Some of those voices (on the Democratic side) are ones that have also called for impeachment. Even if Special Counsel Robert Mueller finds traction enough to indict two or three […]

DECONSTRUCTING HISTORY

Imagine an ancient culture steeped in the worship of false gods, slave labor, and even human sacrifice to appease those false gods. Would you build a monument to such people?…My rational guess is that you would not. Would you preserve (or at least tolerate) the monuments that such people built during their time?…My rational guess […]

STOP WASTING MY TIME, YOUR HONOR!

Most lawyers and litigants show respect for the court’s time by their punctual arrival. It is unfortunate that the respect for a court’s time is too often unrequited. There is a diseased culture of arrogance in one important aspect of the region judicial system. The important aspect is scheduling. The nature of the arrogance is […]

DEADLY ASPHALT

Prologue. This Featured Article began as an appellate case note but grew beyond the applicable albeit unofficial parameters of a case note. The article presents candid, condign criticism of the COA’s pronouncement of an unlikely and hitherto unknown “deadly weapon” that is neither deadly nor a weapon in law or in fact. On June 23, […]

LARKIN II IN 50 PAGES AND MORE

It was June of 2015 (prior to the CLB launch) when the COA decided Taylor v. State, 35 N.E.3d 287 (Ind.Ct.App. 2015). Then in March of 2016 the SCOTSI handed down its Transfer decision in Taylor at 49 N.E.3d 1019 (Ind. 2016). In September of 2015 the COA dismissed (as moot) an interlocutory appeal in […]

RIP, ILB

For 14 years (or thereabouts), the Indiana Law Blog of attorney Marcia Oddi handled the heavy lifting of Hoosier Law Blogdom (or is it Bloggery?) with fairly reliable daily content. As for new for-publication Opinions of the COA and SCOTSI, you could expect a cut-and-paste paragraph of the central holding but little or nothing (mostly […]

RE-ACCOMMODATE THIS, UNITED!

On April 9, 2017 United Airlines reminded us how paying passengers are just cargo. A man who was boarded, seated, and ready to fly home from Chicago’s O’Hare to Louisville, Kentucky was dragged off the aircraft by thugs of the Chicago Aviation Security Department. Since then, UA apologists have made reference to a “contract of […]

SCOTSI DON’T KNOW SPORTS!

It was the 12th inning of the 1970 MLB All-Star game. Ray Fosse was catching for the AL and Pete Rose (a “friend” to Fosse) had reached second base for the NL, looking to score the winning run. There was a (single) base hit to center field, and Rose raced toward home plate. It was […]

VOID-FOR-VAGUENESS DOCTRINE AND MUCH MORE

UPDATE:  State v. Thakar, 71 N.E.3d 27 (Ind.Ct.App. 2017) was vacated/reversed on Transfer on October 2, 2017.  See Appellate Case Notes for an analysis. The COA sent a Valentine to Hammond taxpayers with its February 14, 2017 reversal of a $550,000.00 jury award to a disgruntled former Gavit High Athletic Director in School City of […]

SUING FOR THE PUBLIC GOOD

August 31, 2003 is the date that I entered my residential phone number with the National Do Not Call Registry. It seems that my respite from the annoyance of telemarketers was short. On those occasions when there is an actual person on the line, I have reminded them that my phone number is in the […]