Ind. Decisions - Court of Appeals issues 1 today (and 4 NFP)
(The Indiana Law Blog)... clear and convincing evidence; and II. whether Brown was denied due process of law when the juvenile court denied his motion to continue. * * * Conclusion. Clear and convincing evidence ... a juvenile court's determination that reunification services are no longer required pursuant to Indiana Code Section 31-35-21-5.6 does not abolish a ... ' claims, which all stem from the ownership of the Dragway's personal and real property that is currently included as part of Papa Norm's Estate, should have been ...
November 18, 2008 04:09 pm
Ind. Law - "It's the law" today examines Indiana Dunes National Lakeshore and Indiana Dunes State Park rules
(The Indiana Law Blog)Ken Kosky's "It's the Law" column in the NWI Times this week focuses on Indiana Dunes National Lakeshore and Indiana Dunes State Park rules. From the article: About 3 million people visit the Indiana Dunes National Lakeshore and Indiana Dunes State Park each year, but many of them ... of the most common criminal offenses at the National Lakeshore, Bremer said. At Dunes State Park, Property Manager Brant Baughman said one of the most common violations is bringing alcohol into the ...
November 17, 2008 03:58 pm
Ind. Law - "Surveyors seek to re-establish Mich.-Ind. border"
(The Indiana Law Blog)... but the retired couple could one day find themselves back home in Indiana without having left their current house. For several years, land surveyors ... install new, permanent markers and re-establish the border. Once that happens, property that for years was believed to lie in one state could turn out to be in another, creating ... confirm original markers. Those that are lost can only be replaced by a joint action of the Indiana and Michigan legislatures or, if those bodies cannot agree on the border's ...
November 16, 2008 05:42 pm
State-Funded Stem Cell Research and Benefit Sharing
(The MTTLR Blog)... trials with the need to assure that essential medical research is not unreasonably hindered by the intellectual property agreements.14 Although this provision stresses that California should benefit from resulting technologies, it ... , New Jersey, New York, and Wisconsin fund hES cell research. Indiana, North Carolina, Ohio, and Virginia fund only adult stem cell ... 7. 12 Id. 13 Id. 14 State of California, Text of Proposed Laws: Proposition 71. 15 Associated Press, Judge Rules Suits Challenging Stem ...
November 14, 2008 04:58 pm
... and multiple callbacks) (health) Brooklyn (health) Buffalo (offer and callbacks) (property, environmental) Cardozo (IP) Catholic (multiple) Chicago-Kent Cincinnati (comparative, crim ... property) Cumberland (IP) Drexel (business, tax, IP) Duke (at least one offer made, multiple callbacks) Elon (health, IP) Florida (2) (family law ... business) Golden Gate (multiple) Hamline (health) Hofstra (IP) Houston Indiana Bloomington Indiana Indianapolis Iowa (multiple) (business, tax) John Marshall (2) (criminal ...
November 11, 2008 10:25 pm
Ind. Law - More on "Approving a proposed constitutional amendment that would put limits on property-tax bills, so it can be put on the ballot for ratification in 2010"
(The Indiana Law Blog)Updating this ILB entry from Nov. 9th, the Fort Wayne Journal Gazette has an editorial today arguing against, at least for the upcoming session, the General Assembly approving the pending proposal to amend the Indiana Constitution to cap property taxes.
November 11, 2008 04:30 pm
Environment - Pollution Dilution; New EPA CAFO Rules; Other EPA Action
(The Indiana Law Blog)... not harm people's drinking water or wildlife -- but a federal agency wants the company to use wetlands on its own property to mitigate environmental impact. The refinery has proposed building a diffuser consisting of a pipe extending 3,500 feet into ... the end, 12 exit ports would dilute the wastewater so pollutants come out less concentrated. "When IDEM (the Indiana Department of Environmental Management) approved the (wastewater) permit, they determined the mixing zone would not cause harm to ...
November 6, 2008 01:13 pm
Do I Need a Business Appraiser? And Just What is a Forensic Accountant?
(Divorce and Family Law in Tarrant County, Texas)... closely with accountants, exchanging information about the case and reaching conclusions about the financial aspects of the parties' community or separate property estates. The following is Mark Ashton's post, which clearly explains a lot about the key role ... you decide if the hiring is advisable. Thanks to Sam Hasler of Sam Hasler's Indiana Divorce and Family Law Blog for his comments which drew my attention to the original post. Sam always has a wide variety of interesting posts on his blog.
November 5, 2008 09:15 pm
By Professor Kevin Emerson Collins (Indiana University Law School - Bloomington) [PDF Version] In its recently issued en banc majority opinion in In re Bilski, the Federal Circuit articulates a "machine-or-transformation" test for ... , not the intangibility, of what is meant. Why should the manipulation of data that represents my height (a presumptively physical property of my body) be patentable, yet the manipulation of data that represents my expected longevity (a property that is difficult to ...
November 2, 2008 07:58 pm
Kevin Collins on In re Bilski
(madisonian.net)... Is data about my expected longevity about something physical, namely my body? As I am working on questions regarding intellectual property and the body (yes, Mike, I will respond to the larger question you posed), I look forward to more of Kevin's thoughts ... . I suggest that this problem, although appearing to be an old one, is appearing in many different ways across intellectual property. Put differently, what we mean by intangible and why that matters in one area may not fully capture what mean ...
November 2, 2008 06:27 pm
Kevin Collins on In re Bilski
(Concurring Opinions)... Is data about my expected longevity about something physical, namely my body? As I am working on questions regarding intellectual property and the body (yes, Mike Madison, I will respond to the larger question you posed), I look forward to more of ... contexts. I suggest that this problem, although appearing to be an old one, is appearing in many different ways across intellectual property. Put differently, what we mean by intangible and why that matters in one area may not fully capture what mean ...
November 2, 2008 06:26 pm
Paralegal Inducted Into Who's Who
(A Paralegal's Blog)... aspects of legal services. Ms. Reinholt has 20 years of professional experience. Considered an expert in corporate and securities law, she is tasked with tax structuring, managing corporate and organizational projects for retail properties, preparing organizational documents and maintenance of all corporate legal entities. She was honored by the Indiana Paralegal Association with the Paralegal of the Year Award in 2002 and with the President's ...
October 30, 2008 08:17 pm
... making expenditures on their behalf. In their petition for certiorari-filed by James Bopp of the James Madison Center for Free Speech in Indiana-the petitioners argue that the 4th Circuit's ruling places it "on the wrong side of [a] circuit split" relating to the constitutionality of rescue ... that the most the Supreme Court should do is grant the petition, vacate the 4th Circuit decision, and remand this case for further consideration in light of Davis. -Troy D. Cahill © 2008 ALM Properties Inc.
October 27, 2008 09:01 pm
Ind. Law - "It's the law" today examines hunting laws
(The Indiana Law Blog)... begin for deer hunters, conservation officers are reminding hunters of the most commonly violated laws and they are alerting the public that they can report dangerous or illegal hunting. ... most popular of the hunting seasons. It's also the one that leads to the most violations of the law, Indiana Conservation Officer Gene Davis said. Davis said the most common ... someone who can't prove he or she has consent to hunt on the land. The property owner does not have to post "no trespassing signs" and doesn ...
October 27, 2008 01:45 pm
Oct. 20-25, 2008: US 6th Circuit Court of Appeals Decisions
(Sixth Circuit Cases)... , in a scheme to defraud the United States Department of Transportation's Federal Highway Administration of money and property by certifying non-qualifying entities for participation in Kentucky's Disadvantaged Business Enterprise ("DBE") program. The district ... , individual oenophiles who would like better access to wine produced outside of Tennessee, and a winery based in the state of Indiana, S.L. Thomas Family Winery, Inc., which would like to sell directly to Tennessee residents. Plaintiffs ...
October 25, 2008 05:20 pm
Bose McKinney & Evans Hires Paralegal Amy Case
(A Paralegal's Blog)... litigation areas including employment, real estate, intellectual property, creditors' rights and insurance disputes. Originally from Mooresville, Indiana, Case also served as a bankruptcy litigation paralegal for another law firm, as well as a corporate paralegal for ... s degree in paralegal studies degree from Ivy Tech State College. Currently residing in Indianapolis, Case is a member of the Indiana Paralegal Association, is active in her church and enjoys cooking and riding bikes. A Paralegal's ...
October 16, 2008 09:23 pm
Guest Blogger: Jeannine Bell
(IntLawGrrls)... and Ph.D. in Political Science, from the University of Michigan. At Indiana she teaches Criminal Procedure, Property, and seminars on the First Amendment and Law and Society. She's active ... LSA board and chaired several LSA committees, she's an associate editor of the Law and Society Review. Her publications, which have focused on matters of criminal justice, include Policing Hatred (2004), Police and Police and Policing Law (2006), and, with Martha S. Feldman and Michele Berger, Gaining Access ( ...
October 16, 2008 06:04 am
Damages Caused To Component Parts By Subcontractors’ Deficient Work Is Not “Property Damage” Caused By An Occurrence”
(InsureReinsure.Com: The Insurance " Reinsurance Blog)... of the homes that were not otherwise faulty, but was caused by the faulty workmanship of the insured's subcontractors, constituted "property damage" within the meaning of the policy. The court rejected the insured's argument, concluding that damage to the non-faulty ... remedying of damage caused to the insured's own work product by faulty workmanship is not "property damage" under Indiana law. The court further held that neither the faulty workmanship nor the resulting damage done to the homes was ...
October 15, 2008 09:23 am
The Stars At Night; Are Big And Bright ...
(Above the Law)... Murphrey? He was the Houston-based attorney who tried to reschedule a deposition after Hurricane Ike caused significant property damage to his home. When Dallas-based attorney Dale Markland objected (and requested Murphrey to pay rescheduling fees ... September 12/13; * Mr. Murphrey cancelled the deposition on September 23 when I was already on my way to Fort Wayne, Indiana for the deposition; * I first got notice of this cancellation by cell phone message while in Chicago O'Hare Airport rushing to ...
October 14, 2008 04:19 pm
Ind. Courts - "Five state-appointed jurists face retention vote Nov. 4"
(The Indiana Law Blog)... March 1987. A seventh-generation Hoosier, Shepard graduated from Princeton University cum laude and from Yale Law School. Shepard recently wrote the majority opinion finding that a university professor whose contract was not renewed ... in 1986 by Orr. He previously served as Jasper County prosecutor and also maintained a private law practice in Remington for 21 years. His most famous ruling came in 1996 when he declared Indiana's system of assessing property for tax purposes unconstitutional. As a ...
October 14, 2008 02:56 pm