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“Web of Lies”

by Joshua Claybourn

Over the summer the Indiana University School of Law – Indianapolis, the school I currently attend, made national headlines when a professor accused another professor of opposing his tenure because of conservative views. Prof. William Bradford claimed that his support of the Iraq War and his refusal to sign a letter in defense of Ward Churchill upset Prof. Florence Roisman, who he then alleges oppsed his tenure. Fox News and Front Page magazine, among others, caught wind and turned it into a national discussion. In June of this year Inside Higher Ed published an article titled “Not the Right Kind of Indian” which, in my opinion, best sums up the state of affairs at that time.

Recent developments have returned the issue to the forefront and Inside Higher Ed once again has the best coverage, this time in an article titled “Web of Lies.” Because Prof. Roisman had a history of controversial actions in the past, his claims initially raised eyebrows. Some of you may remember that she infamously demanded the removal of a Christmas tree in the law school’s atrium because of its Christian connotations, an incident later highlighted in Fox News anchor John Gibson’s book, “The War on Christmas.” Bradford’s own record bolstered his claims as well; he was a self-proclaimed Gulf War veteran and he had previously won a “Best New Professor” award from the student body.

But as the law school blog I founded – IndyLaw Net – covered the charges, serious questions started to arise. Bradford would frequent the comment boxes in a surprisingly “uncollegial” manner, making sweeping charges and threats. The blog’s current editor-in-chief, Lucas Sayre, also noticed from Bradford’s IP address that he would leave comments supporting his position and attacking others under falsly assumed names.

As Bradford slowly chipped away at his own credibility, readers started to do the same. Retired Army Lt. Col. Keith R. Donnelly contacted Indianapolis Star columnist Ruth Holladay and said that Bradford’s claim of having earned a Silver Star in the Gulf War was suprising because very few had been awarded. That wasn’t all Bradford professed. He claims to have served in the infantry and military intelligence during Desert Storm and Bosnia conflicts, that he eventually became a major in Special Forces, and was awarded the prestigious Silver Star. He even wore a Silver Star lapel pin around campus and had a major’s gold-leaf insignia plate on his vehicle.

After some research it turned out Bradford was actually in the Army Reserve and that he was discharged as a second lieutenant. He had no active duty, was not in the infantry, and received no awards, especially not the Silver Star. Taken altogether, it seems hard to believe a shred of the charges he initially leveled at Roisman and others.

As Prof. Eugene Volokh wrote today, it’s unlikely that Bradford will be able to find a job teaching law in the U.S. any time soon, and rightfully so. But more than hurt himself, Professor William Bradford has also tarnished the law school and the image of academic conservatives.

Same-sex marriage developments

by Joshua Claybourn

Federal appellate judges Samuel Alito and Michael Luttig are reportedly at the top of President Bush’s list of possible US Supreme Court nominees to replace the withdrawn Harriet Miers as the President reconsiders the nomination at Camp David this weekend. Republicans have said Bush’s short list is similar to the one he reviewed before he chose Miers and includes “highly credentialed, solidly conservative” judges. Conservatives are looking for a pick with judicial philosophies similar to Justices Antonin Scalia and Clarence Thomas, and Alito and Luttig seem to fit that mold. Alito, a judge on the US Third Circuit Court of Appeals, has often been compared to Scalia, even earning the nickname “Scalito,” while Luttig, a US Fourth Circuit Court of Appeals judge, worked for Scalia as a clerk. Reuters has more.

Hoosiers Advised About Potential Scam Inviovling Jury Service

by Joshua Claybourn

A telephone scam that attempts to gather personal information by claiming the person failed to report for jury duty has been reported by several courts around the country, the Supreme Court announced today.

The reports note that the callers represent themselves as court employees, assert that the person has failed to report for jury duty, and asks for personal information such as social security number and birth date using the threat of fines or other court action.

“We have not heard of this happening in Indiana, but it is important for everyone to be aware of the potential scam to protect their information. Court employees initially contact citizens for jury duty in writing and will not ask you to provide sensitive personal or financial information over the telephone,” said Chief Justice Randall T. Shepard.

If anyone receives a call regarding the failure to report for jury duty and suspects it is not legitimate, they should contact the police immediately.

Judge drops gavel

by Joshua Claybourn

Jackson Superior Judge Frank Guthrie, 57, a Democrat, has notified Gov. Mitch Daniels that he’ll resign after nearly 30 years on the bench, effective Dec. 3. The Jackson County Tribune has more, including speculation that possible replacements include Rodney Farrow, who serves as attorney for the Jackson County Board of Commissioners, and Jackson County Prosecutor Stephen Pierson.

More on Law School Faculty Dispute

by Joshua Claybourn

The Chronicle of Higher Education has an article titled, “The ‘Wrong Kind of Indian?’” It is the most comprehensive and thorough piece yet on a bitter, public dispute among faculty at Indiana University School of Law – Indianapolis. Among other things it features IndyLaw Net, a weblog I founded in August 2003.

State database to streamline jury selection slated for ’06

by Joshua Claybourn

A project to boost the efficiency of Indiana’s jury service will go online in January, allowing court administrators to reach a wider cross-section of society and avoid sending jury summons to the wrong addresses. The Associated Press reports:

Currently, nearly half of the addresses used to call Hoosiers to jury duty are incorrect — a situation that wastes taxpayer dollars when jury summonses are mailed to outdated addresses.

But the new database that’s being culled from taxpayers, driver’s license and state ID holders will help the state’s court system save money and be more inclusive, said Lake Superior Court Judge John J. Pera.

Aaron Reemer v. State of Indiana

by Joshua Claybourn

The Indiana Supreme Court released its opinion in Aaron Reemer v. State of Indiana (pdf).

We hold that expert witnesses or laboratory results are not required to prove the composi-tion of an over-the-counter or prescription drug when it is found in an unaltered state and its weight and contents are described in the required labeling.

President’s Tax Reform Panel Releases PowerPoint Presentation, Sample Tax Forms

by Joshua Claybourn

The President’s Advisory Panel on Federal Tax Reform has released the PowerPoint Presentation of its October 18 meeting, including simplified draft tax forms.

Cost of Health Care

by Joshua Claybourn

The New York Times continues with its health care series today with a piece examining the high cost of health care, even for those with insurance. The Times reports:

Never have patients had so many medical options to extend, enrich or alter their lives. But these new options are expensive, and with them has come a change for which many Americans – even those with health insurance – are financially ill prepared.

After decades in which private and government insurance covered a progressively larger share of medical expenses, insurance companies are now shifting more costs to consumers, in the form of much higher deductibles, co-payments or premiums. At the same time, Americans are saving less and carrying higher levels of household debt, and even insured families are exposed to medical expenses that did not exist a decade ago. Many, like the Dorsetts, do not realize how vulnerable they are until the bills arrive.

Lawyers and accountants say that for the more than 1.5 million American families who filed for bankruptcy protection last year, the most common causes were job loss and medical expenses. New bankruptcy legislation, which went into effect Oct. 17, requires middle-income debtors to repay a greater share of their debt.

Lawyer gets reprimand for pot crop

by Joshua Claybourn

The Post-Tribune reports:

A Merrillville personal injury lawyer was publically reprimanded by the Indiana Supreme Court for growing more than 30 grams of marijuana in his Center Township home.

J. Robert Vegter, of 189 Woodside Lane, Sylvan Manor, pleaded guilty in December to a misdemeanor charge of possession of marijuana, receiving a one-year sentence with all time suspended except time already served while he was booked at the Porter County Jail.

The lawyer, known for his full-page advertisement on the back of the Gary yellow pages, had a hydroponic marijuana-growing operation in his home.

The high court’s order is available online here (pdf).