Washburn Selected One Of Final Five to Succeed Retiring Justice Brent Dickson On The…

first_imgWashburn Selected One Of Final Five to Succeed Retiring Justice Brent Dickson On The Indiana Supreme CourtDave Stafford for www.theindianalawyer.comThe Indiana Judicial Nominating Commission is deliberating to select three finalists to succeed retiring Justice Brent Dickson on the Indiana Supreme Court. before the commission Friday morning. Here are the highlights.Rep. Thomas W. Washburne, Old National Bancorp, EvansvilleWashburn told commission members he would bring a unique perspective to the interpretation of law based on his years as a lawmaker, corporate attorney and a clerk for former U.S. District Court Judge S. Hugh Dillon. “I think it’s very important to have a diversity of life experience on the Supreme Court,” he said. “I’ve been blessed with a very eclectic career.His aim as a law student was to become a patent attorney, he said, noting his training following in his father’s footsteps as an engineer. That’s led him to an interest in technology as well as a pastime restoring World War II-era HAM radios. “I think you can leverage technology in a way that would be very beneficial to litigant and very beneficial to society as a whole,” he said, reducing costs, gaining efficiency and improving the quality of justice.“It seems to me some things are clunky,” he said of court technology that he said has gotten better in recent years. “It seems to me we need to improve what we have in many respects,” he said, noting as an example improving search feature on the Odyssey case management system to improve public access.Asked about whether his experience as a lawmaker would affect his judicial analysis, he said, “When you’re a legislator, you spend time looking at what the law is and what the law ought to be.” He said he would have a difficult time recognizing a right that wasn’t expressly guaranteed in the Constitution or by statute, but noted the Ninth Amendment says not all rights are enumerated, leaving such determinations to the court. “You could recognize them under extraordinary circumstances.”Washburn was commended on carrying a copy of the U.S. Constitution in his breast pocket, after which he produced a copy of the House rules, raised his brows and said knowing those helps get a lot done behind the scenes. He said his experience as a lawmaker, including serving on committees dealing with judicial issues, show his ability to work toward consensus. “In the Legislature, we do that all the time. One of the wonders of life is that reasonable, intelligent people can disagree” and maintain civility, he said.Mark A. Lienhoop, Newby Lewis Kaminski & Jones LLP, LaPorteLienhoop was the only of 15 finalist applicants who began his interview acknowledging his wife and two of his three children who accompanied him to the interview. He said during law school he committed to be the best lawyer he could, when he married he committed to being the best spouse, and when he and his wife had children, to being the best father possible. He also carried his mother’s observation that you can tell a lot about a person by how they treat subordinates.“What I’ve done with life was I’ve always chosen things to dedicate myself to,” he said. “I know what I know, I know what I don’t know,” he said. What Lienhoop clearly knows is case law – reciting to the commission with an encyclopedic grasp of precedent, sometimes along with the year and the writing justice. “I fully believe I’m capable and enjoy, as you can tell, talking about the law and the judicial system.“As a Supreme Court justice you have to be available and willing to communicate,” he said. “Taking it out to the people is, I think, one of the greatest things you can do.” He lauded the courts for rolling out new technology, enabling specialty courts and for massive projected savings through the Juvenile Detention Alternative Initiatives and other programs.Lienhoop spoke candidly about cases in which he had “fired” clients, including a case in which a client revealed to him in confidence something that was contrary to information in a police report regarding a crash because the person was trying to protect a relative. In another case, he said he fired a client that insisted on proceeding to trial with a case that lacked merit.Lienhoop, like many other applicants, was asked about statutory caps on damages, and said the constitutional interpretation would “get down to whether or not (the cap) was reasonable, and are you denying a reasonable remedy?” Chief Justice Loretta Rush said courts had ruled in ways that opponents warned would open floodgates of litigation. She asked whether Lienhoop thought that had been the result in any such case. “I have not seen that,” he said. “With the amount of litigation that I do, I think I would have.”Judge Thomas J. Felts, Allen Circuit Court, Fort WayneFelts cited his relationships with court staff through the judicial center and Supreme Court administration as a unique quality he would bring to the court if appointed, and said he would be willing to accept administrative duties on Day One. “Relationships are so important,” he said, noting he knows at least half of the court staff by name. “They know me and I know them and there wouldn’t be a learning curve getting to know who Tom Felts is and how does he do things.”Felts delayed a bit when asked what his greatest weakness is before allowing it’s sometimes a lack of patience. “Things don’t move as quickly sometimes as I like them to,” he said, noting he’s conscious about getting orders out in cases he’s taken under advisement, for instance. “I’m a stickler about those things, I guess, hopefully not in a manner of being an ogre or coming across too strong.”Asked whether government should have the power to require individuals or corporations to assist in investigations, Felts said the FBI-Apple case pits compelling arguments of national security against the guarantee of privacy. “It would be very, very rarely” that he would consider such a requirement. “There may be some circumstance, but I’m very hesitant to broach those prior rights.”When asked if he agreed with the comment that judges should do what’s right and let the law catch up, Felts said that judges should always aim to do what’s right, and that in some cases the law has needed to catch up. “You may need to jump ahead a little bit to do what’s right and let the law catch up,” he said, adding law is “best made at the legislative level and not at the judicial level.”Along with his relationships, dedication and 26 years on the bench, Felts said he would bring energy. “There’s not much of anything I do in life where I’m not all in 100 percent. …It would be an honor to be on team Supreme Court,” he said, addressing Rush: “Coach, I’m ready. Put me in.”Thomas E. Wheeler II, Frost Brown Todd LLC, IndianapolisWheeler’s background aside from his legal work as a Republican Party official was a focus of questioning that he said showed his strength as a consensus builder. As a member of the Indiana Election Commission that ruled former Secretary of State Charlie White ineligible for office, he noted the bipartisan panel was unanimous, as it often was. “I think I can set that aside,” he said of his political background that also included elective office to the Boone County Council.He also said if appointed he would be able to shed his current view as an appellate advocate for clients. Asked what separates him from three other Indianapolis appellate practitioners in the running, Wheeler cited his extensive first chair trial experience as well as experience as an administrative law judge and as a county councilman. “I think I bring diversity to it,” he said.Wheeler talked about forming the Federalist Society chapter in Bloomington as an outgrowth of becoming fascinated with constitution law as a student. It gave him an opportunity to meet with like-minded people and discuss how constitutional law impacts public policy. As a justice, he said he would defer to the legislative and constitutional processes. Courts, though, can recognize rights not enumerated, however. “I believe if there was a situation where we needed to, that can take place,” he said.Asked about litigation around the state involving the public defender system, Wheeler repeated his position from his first-round interview that the costs of public defenders should be entirely shifted to the state under a unified court system and paid for through the state’s general fund. This would replace the current patchwork system that varies by county. “Access to justice cannot depend upon which side of the county line you sit,” he said.Wheeler also shared a recent experience involving his father who was injured in a fall and whom he visited in intensive care for two to three hours a day. Walking past 30 or so families who are in the same situation, there to hold a loved one’s hand, deeply affected him, he said. “I learned so much from that,” he said, and that if appointed to the court, he would regard every litigant compassionately. “It’s not just a case,” he said, “It’s somebody’s life.”Geoffrey G. Slaughter, Taft Stettinius & Hollister LLP, IndianapolisSlaughter said the next justice will have to help legal professionals through a tough time. “No doubt the profession is going through profound changes,” he said. For instance, the rise of services such as LegalZoom comes as many young lawyers can’t find work. He said the problem of underserved litigants is one he sees as president of the Indiana Bar Foundation, and he’s hopeful programs can evolve that connect litigants to lawyers and route lawyers who are “ambitious, hungry and eager to learn the practice of law, send them to communities where their services are needed.”With a philosophy of textualism and originalism, Slaughter said the genius of the Framers was the recognition that times will change and people would respond to those changes. He said the U.S. Supreme Court correctly decided the 1954 Brown v. Board case that struck down segregation in schools. The court correctly ruled that Brown reflected the Equal Protection Clause of the 14th Amendment even as it disposed of 60 years of precedent. “They recognized the tension and it needed to be reconciled,” he said.Slaughter said he would be able to smoothly transition from his role as an advocate if appointed to the court. The judicial oath and black robe, he said, symbolizes the different role the judge takes on. “I take seriously the importance of what the court does, the neutrality of those who serve as justices.” He said the learning curve would probably be his biggest challenge transitioning to the court.“A judge’s most solemn obligation is to apply the law as it’s been written by others to give the greatest fidelity to what the law is, as best we can discern,” he said. In the case of a close call where the questions were equal, he said he would be willing to rely on empathy if it were the path of least resistance to a resolution. If it’s not a close call, he said, “It seems to me the law needs to trump the value judgment.”Slaughter said he’s signed up for e-filing and looks forward to using it, but admitted technology wasn’t a strong suit. He noted he carries an iPhone with access to WestLaw and other legal services, though. “I’m comfortable with technology,” he said. “If it’s user-friendly, I can keep up with the best of them.”FacebookTwitterCopy LinkEmailSharelast_img read more

SUB starts off the year with hopes of rebranding and inclusion

first_imgThe second floor of LaFortune Student Center is home to Notre Dame’s own Student Union Board, or SUB for short. In a large room with walls decorated with posters from SUB’s past events, from “Dogs and Donuts” to “Cuddles and Cocoa,” students plan free events taking place on campus. SUB’s mission statement is to “enhance undergraduate student life by providing undergraduate student services and social, intellectual and cultural opportunities” for students on campus, but this year their main goal is to focus on diversity and inclusion, executive director Eric Kim said. Kim, a senior, said the inclusion aspect is especially important to SUB going forward.  Photo courtesy of Eric Kim Students gather on North Quad for a movie screening, one of the many free events hosted by Student Union Board (SUB) last year.“We try to really try to incorporate the themes of diversity and inclusion,” Kim said. “Many people get confused … the idea is that it’s great to have a diversity of events, but people forget about the idea of inclusion. We want to make sure that all of our events have intentionality behind them, and we want to make sure that everyone feels included in all events, because our all our events are for the student body, and not just specific people.”In the last year, SUB provided a packed audience with a talk by Karamo Brown, one of the stars of hit Netflix series “Queer Eye.” The group partnered with PrismND to sponsor Brown’s event. Kim said SUB wants to continue these partnerships in the upcoming year, in order to give students unique perspectives.“[Brown] does provide a really interesting perspective that I would say a majority of the student body would benefit from,” Kim said. “We want to continue bringing that theme to this year, and providing a different perspective that a majority of students could benefit from.”This is director of operations Siena Gruler’s first year working in SUB.Gruler, a junior, said she and Kim want to brand SUB in a more recognizable way. “It’s my first year in SUB, and I didn’t really know what it was before I applied,” Gruler said. “We want the whole student body to know it. I’ve had people ask me like, ‘Oh, what do they do besides the concerts?’ So we want to expand that, and we want people to know what we are besides just the concerts.” Although SUB does host similar events yearly, Gruler said they do try to change up the kinds of events offered. “We try to make sure that they’re different from semester to semester from year to year, just to appeal to a different group on campus,” Gruler said. “We don’t want it to be too repetitive, even if we are programming the same types of events.”SUB differs from other student groups such as the Student Activities Office (SAO) in that SAO primarily offers activities during the weekend that act as an alternative to partying, Kim said.SUB is already beginning the year with a ‘Standup Bash,’ a free event showcasing different comedians and featuring LeClerc Andre, Tyler Boeh and Gina Brillon this Friday night. Aside from their unique events, SUB also hosts reliable events that happen weekly and monthly — including Acousticafé every Thursday night in Duncan Student Center and movie screenings in Debartolo Hall. Although the fall concert has not been announced yet, Kim and Gruler said plans have been in the works since this summer. “Usually, if it’s a bigger name and event, like the concert, speakers, comedians, magicians and others, we work that out two to four months in advance,” Kim said. Kim and Gruler urge students who have suggestions or ideas to contact SUB directly. “Ultimately, we want to do our job,” Kim said, “We want to make sure our jobs done correctly and efficiently. That can only be done through student input, so if students have ideas, don’t hesitate to contact us at [email protected] We’re more than willing to listen to whatever it is, because these events are for them.”Tags: Karamo Brown, Student Union Board, SUBlast_img read more

Google Faces Copyright Trial in Chinese Courts

first_imgmike melanson 8 Best WordPress Hosting Solutions on the Market Related Posts Tags:#Google#news#web Top Reasons to Go With Managed WordPress Hostingcenter_img A Web Developer’s New Best Friend is the AI Wai… Why Tech Companies Need Simpler Terms of Servic… While Google continues to digitize everything from the view from the driver’s seat to the contents of your appointment book, their tremendous attempt at digitizing the written word, Google Books, has run into a snag in the most ironic of places – China. While the country is infamous for copyright infringement, especially of intellectual property, it too is working to prevent the unfair use of its citizen’s copyrighted works.Bloomberg reported this morning that Google “has agreed to meet demands from a local writers’ group that it stop scanning and uploading books to the company’s online library without authors’ permission.”The company found itself in a Chinese court last month facing allegations of copyright infringement by Chinese author Mian Mian, whose book can still be seen in preview on the Google service.This certainly isn’t the first time Google has run into complaints over its practices with the project. Last month, the company was convicted of violating France’s copyright laws. A Globe and Mail report on Google’s practices stated that over 80% of the French books offered were still under copyright. The company has also faced criticism in Germany over its Google Books service, where today the German minister of Justice warned that the company may be reaching monopoly status, requiring government intervention.The Bloomberg article notes that in China, Google trails behind the search engineBaidu. This is in a country with more Internet users than the entire population of the United States. But is the problem of supposed copyright infringement a public relations issue in a country where the average consumer sees counterfeit products in nearly every storefront window? While we stand on the side of writers getting paid for their work, we’re not sure this issue would really stand in the way of Google gaining popularity in China.last_img read more

Broadband Speeds Increase Around the World – But Not in the U.S.

first_imgWhy Tech Companies Need Simpler Terms of Servic… IP Addresses: U.S. Leads but China is Catching UpAkamai’s quarterly report also notes that the number of unique IP addresses increased by about 4.5% globally since the second quarter of 2009. The U.S. is still home to the largest number of unique IP addresses, but China is catching up quickly. In total, the U.S. was home to just over 119 million unique IP addresses in Q3 2009. With 49 million IP addresses, China is currently a distant second, but the number of Chinese IP addresses increased by 30% compared to Q2 2009, while U.S. addresses on increased by 9%.Attack TrafficAkamai also looked at where most of the traffic from botnets and other attack traffic originated from. Russia (13%) is currently the source of most of this traffic, followed by Brazil (8.6%) and the U.S. (6.9%). On a positive note, it’s important to note that attack traffic from the U.S. declined from 15% compared to Q2 2009. Attack traffic from China declined even more. In Q2 2009, 31% of all of this traffic originated in China. Now, China is only responsible for about 6.5% of all attack traffic. Most of these attacks (78%) target port 445. On Windows systems, port 445 handles local printer and file sharing traffic. Looking at data from the third quarter of 2009, content delivery network Akamai just announced that the average broadband speed in the U.S. declined by 2.4% in the third quarter of 2009 compared to the same quarter in 2008.In the U.S., Delaware currently leads with 7.2 Mbps, though it remains far behind South Korea, where the average speed is almost 15 Mpbs. Currently, the U.S. is in 18th place, far behind Japan, Hong Kong, Romania and Sweden. The average U.S. broadband speed is currently 3.9 Mbps. If you are looking for a fast Internet connection in the U.S., Sandy, UT and Iowa City currently offer the fastest connections. Delaware (7.2 Mbps), New Hampshire (5.9 Mbps) and Massachusetts (5.9 Mbps) are the top 3 states on Akamai’s list. The states with the fastest average broadband speeds can all be found on the East Coast. It is interesting to speculate why average speed in the U.S. declined over the last year. Chances are that a lot of people downsized their connections during the economic downturn. If you have a theory, let us know in the comments. 8 Best WordPress Hosting Solutions on the Market A Web Developer’s New Best Friend is the AI Wai… frederic lardinois Top Reasons to Go With Managed WordPress Hosting Related Posts Tags:#news#web last_img read more

Garg seeks VRS after being shifted to Power Ministry

first_imgNew Delhi: A day after he was shifted from the high profile Ministry of Finance to the Power Ministry, senior bureaucrat Subhash Chandra Garg on Thursday applied for voluntary retirement from service, sources said. Once the application of Garg seeking voluntary retirement is accepted he would become the first finance secretary to do so in 19 years. Garg was due for superannuation on October 31, 2020. In November 2000, senior IAS officer EAS Sharma also called it quits after being shunted out from the finance ministry to the relatively low key coal ministry during the Atal Bihari Vajpayee government. Also Read – India gets first tranche of Swiss bank a/c detailsInstead of taking up coal secretary post, Sarma, who was the economic affairs secretary in the Vajpayee regime, had retired voluntarily, a year and two months before his superannuation date. The Appointments Committee of the Cabinet, which is chaired by Prime Minister Narendra Modi, had on Wednesday approved the appointment of Atanu Chakroborty, an 85-batch Gujarat cadre IAS officer, as the new Finance Secretary. Chakroborty was serving as Disinvestment Secretary. Also Read – Tourists to be allowed in J&K from ThursdayThe government also appointed power secretary Ajay Kumar Bhalla as Officer on Special Duty in the Home Ministry and he will take over as the new Union Home Secretary succeeding Rajiv Gauba when he retires on August 31. According to a DoPT order, Bhalla, a 1984 batch IAS officer of the Assam-Meghalaya cadre, will join the MHA with immediate effect and continue to function as OSD till Gauba retires for the smooth transition of the charges. Anil Kumar Khachi, a 1986-batch IAS from Himachal Pradesh cadre will be the new Disinvestment Secretary succeeding Chakraborty. As per the DoPT order, Anshu Prakash, 1986-batch UT cadre IAS officer, appointed as new Telecom Secretary while his batch-mate from West Bengal cadre RS Shukla will join as Secretary, Parliamentary Affairs. Ravi Capoor, a 1986-batch Assam Meghalaya cadre, was appointed Secretary, Textiles while his batch-mate Atul Chaturvedi was sent to Animal Husbandry and Dairying department in the same capacity. The ACC also cleared in-situ upgrade of 12 IAS officers of 1986 batch to the level of Special Secretary in the rank and pay of Secretary, as a measure personal to them, by temporarily upgrading the post held by them, the order said. Those 1986-batch IAS promoted as special secretaries include Anil Kumar Jain in the Environment Ministry, Subash Chandra in the Department of Defence, Sanjeev Nandan Sahai in the Power Ministry, Shambhu Singh in the Roads and Transport Ministry, Ravi Mittal in the Department of Financial Services, Pramod Kumar Das in the Department of Expenditure and Sanjeeva Kumar in the Ministry of Health and Family Welfare, the order said.last_img read more

Stars Hit Hollywood Domino Event For Charity

first_imgCelebrities came together last week at the Hollywood Domino Event Sponsored by Heineken and Jose Cuervo, to raise much needed funds for Artists for Peace and Justice to benefit Haiti and the rebuilding Port-au-Prince after the devastating earthquake in 2010.Maria Bello Sipping Jose Cuervo Oscar Gold Signature CocktailCredit/Copyright: Getty ImagesThe night featured a special performance by Rumer Willis and a throng of celebrities including: Jon Hamm, Kate Beckingsale, Kevin Jonas, Vanessa Hudgens, Adrien Brody, Jimmy Jean-Louis, Paul Haggis, AnnaLynne McCord, Kellan Lutz, Maria Bello, David and Odette Annable.Kate Beckingsale At Hollywood Domino EventCredit/Copyright: Getty ImagesKellan Lutz At Hollywood Domino EventCredit/Copyright: Getty Imageslast_img