The Round-Up
This Week
  • By Chris Freiberg Valparaiso University Law School J.D. Candidate, 2015 The Supreme Court’s controversial Hobby Lobby decision last week was supposed to be a very narrow decision. The holding specifically states that only closely held for-profit corporations cannot be forced to pay for contraceptive coverage under the Religious Freedom Restoration Act. This has not been a popular decision, but it is […]

    Hobby Lobby and The Law of Unintended Consequences

    By Chris Freiberg Valparaiso University Law School J.D. Candidate, 2015 The Supreme Court’s controversial Hobby Lobby decision last week was supposed to be a very narrow decision. The holding specifically states that only closely held for-profit corporations cannot be forced to pay for contraceptive coverage under the Religious Freedom Restoration Act. This has not been a popular decision, but it is […]

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  • By: Chris Freiberg Valparaiso University Law School J.D. Candidate, 2015 Walking away from the police after being told to stop is no longer a crime in Indiana, but only in very specific circumstances. Last week the Indiana Supreme Court reinterpreted Indiana’s resisting law enforcement statute to require reasonable suspicion or probable cause for police to order someone to stop. The […]

    You Can Ignore A Police Order to Stop (Sometimes)

    By: Chris Freiberg Valparaiso University Law School J.D. Candidate, 2015 Walking away from the police after being told to stop is no longer a crime in Indiana, but only in very specific circumstances. Last week the Indiana Supreme Court reinterpreted Indiana’s resisting law enforcement statute to require reasonable suspicion or probable cause for police to order someone to stop. The […]

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  • By: Faith Alvarez Valparaiso University Law School J.D. Candidate, 2015 Last Tuesday, the U.S. Supreme Court reached a unanimous decision in Riley v. California to require police to obtain warrants for cell phone searches.  This strongly worded decision recognizes the important privacy interest in information stored on cell phones.  This decision comes at a time when technology is increasingly portable […]

    StingRays: Indiana’s Warrantless Cellphone Search Method

    By: Faith Alvarez Valparaiso University Law School J.D. Candidate, 2015 Last Tuesday, the U.S. Supreme Court reached a unanimous decision in Riley v. California to require police to obtain warrants for cell phone searches.  This strongly worded decision recognizes the important privacy interest in information stored on cell phones.  This decision comes at a time when technology is increasingly portable […]

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  • By: Alex Steciuch Valparaiso University Law School J.D. Candidate, 2015 The Supreme Court yesterday unanimously struck down a Massachusetts law that barred protesting, counseling and effectively all other speech near or around abortion clinics. The Massachusetts law mandated a 35-foot buffer zone around clinics that provided abortion services, blocking both opponents and proponents of abortion from conducting demonstrations near the […]

    Fixed Abortion Clinic Buffer Zones Are No More

    By: Alex Steciuch Valparaiso University Law School J.D. Candidate, 2015 The Supreme Court yesterday unanimously struck down a Massachusetts law that barred protesting, counseling and effectively all other speech near or around abortion clinics. The Massachusetts law mandated a 35-foot buffer zone around clinics that provided abortion services, blocking both opponents and proponents of abortion from conducting demonstrations near the […]

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  • By: Chris Freiberg Valparaiso University Law School J.D. Candidate, 2015 You know what would be awesome? An affordable web-based service that lets customers watch live broadcast television anywhere they want over the Internet. Such a service actually exists. At least it did until Wednesday when the Supreme Court declared it illegal, strangling Aereo in its infancy. Aereo used small antennas […]

    SCOTUS Killed the Video Star

    By: Chris Freiberg Valparaiso University Law School J.D. Candidate, 2015 You know what would be awesome? An affordable web-based service that lets customers watch live broadcast television anywhere they want over the Internet. Such a service actually exists. At least it did until Wednesday when the Supreme Court declared it illegal, strangling Aereo in its infancy. Aereo used small antennas […]

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Recent Posts
  •   By: Faith Alvarez Valparaiso University Law School J.D. Candidate, 2015 Earlier this month, the Seventh Circuit Court of Appeals handed down its opinion in Goldberg v. 401 North Wabash Venture LLC with no sympathy for Jacqueline Goldberg, an 87-year-old woman claiming she was defrauded by Donald Trump. The lawsuit arose from her agreement to purchase two condominium units at […]

    Assume Risks When Buying a Pig in the Poke from Donald Trump

      By: Faith Alvarez Valparaiso University Law School J.D. Candidate, 2015 Earlier this month, the Seventh Circuit Court of Appeals handed down its opinion in Goldberg v. 401 North Wabash Venture LLC with no sympathy for Jacqueline Goldberg, an 87-year-old woman claiming she was defrauded by Donald Trump. The lawsuit arose from her agreement to purchase two condominium units at […]

  • By: Alex Steciuch Valparaiso University Law School J.D. Candidate, 2015 In a well-written 34-page opinion, Federal Judge Richard Young in the Southern District of Indiana declined to overturn the nation’s only prohibition on the sale of cold beer. Indiana Code Section 7.1-5-10-11 makes it unlawful for the holder of a beer dealer’s permit to sell iced or cooled beer, unless […]

    No Cool Beer for Indiana Convenience Stores

    By: Alex Steciuch Valparaiso University Law School J.D. Candidate, 2015 In a well-written 34-page opinion, Federal Judge Richard Young in the Southern District of Indiana declined to overturn the nation’s only prohibition on the sale of cold beer. Indiana Code Section 7.1-5-10-11 makes it unlawful for the holder of a beer dealer’s permit to sell iced or cooled beer, unless […]

  • By: Chris Freiberg Valparaiso University Law School J.D. Candidate, 2015 Earlier this week, a Northwest Indiana woman was arrested and charged with neglect of a dependent, as well as a host of other charges, after she reportedly let her unlicensed 15-year-old son drive because she was too drunk to take the wheel. This actually is not the first time I […]

    In Indiana, It is Better to Drive Drunk than Designate a Minor Driver

    By: Chris Freiberg Valparaiso University Law School J.D. Candidate, 2015 Earlier this week, a Northwest Indiana woman was arrested and charged with neglect of a dependent, as well as a host of other charges, after she reportedly let her unlicensed 15-year-old son drive because she was too drunk to take the wheel. This actually is not the first time I […]

  • Faith Alvarez Valparaiso University Law School J.D. Candidate, 2015 In Indiana, accidental shootings appear beyond the reach of criminal law. On May 30th, The Republic reported about the accidental shooting inside a Walmart in Columbus, Indiana.  One Walmart shopper had a holstered handgun in his waistband, which fell out, hit the ground, and discharged.  The bullet ricocheted off a soda […]

    Ohh, it ain’t my fault (Did I do that?) Accidental Shootings Escape Criminal Charges

    Faith Alvarez Valparaiso University Law School J.D. Candidate, 2015 In Indiana, accidental shootings appear beyond the reach of criminal law. On May 30th, The Republic reported about the accidental shooting inside a Walmart in Columbus, Indiana.  One Walmart shopper had a holstered handgun in his waistband, which fell out, hit the ground, and discharged.  The bullet ricocheted off a soda […]

  • By: John Acosta Valparaiso University Law School J.D. Candidate, 2016 On March 11, 2014, the Seventh Circuit ruled in White v. Stanley, the mere odor of marijuana does not constitute exigent circumstances for a warrantless search under the Fourth Amendment. James White was arrested in his home in March of 2010 for obstructing a peace officer. Two deputy sheriffs came […]

    On Shaky Ground When Searching for That Smell

    By: John Acosta Valparaiso University Law School J.D. Candidate, 2016 On March 11, 2014, the Seventh Circuit ruled in White v. Stanley, the mere odor of marijuana does not constitute exigent circumstances for a warrantless search under the Fourth Amendment. James White was arrested in his home in March of 2010 for obstructing a peace officer. Two deputy sheriffs came […]

  • By: Alex Steciuch Valparaiso University Law School J.D. Candidate, 2015 It’s hard to say what exactly makes a good topic worthy of blogging. Obviously there are some factors that never can be discounted. The importance of the topic, the relevance of the news to your audience, and timing are all important factors to not just a legal blog but to […]

    Wisconsin Man Maintains Over Decade Long Zoning Feud

    By: Alex Steciuch Valparaiso University Law School J.D. Candidate, 2015 It’s hard to say what exactly makes a good topic worthy of blogging. Obviously there are some factors that never can be discounted. The importance of the topic, the relevance of the news to your audience, and timing are all important factors to not just a legal blog but to […]

  • By: Chris Freiberg J.D. Candidate, 2015 Valparaiso University Law School The federal government really, really wants to keep Adel Daoud in prison. But they also don’t want you (or even his own attorney) to know why he should be locked up. Daoud, 20, is accused of plotting to blow up two bars in Chicago’s South Loop in September 2012. Some […]

    Seventh Circuit holds secret hearing in terror case

    By: Chris Freiberg J.D. Candidate, 2015 Valparaiso University Law School The federal government really, really wants to keep Adel Daoud in prison. But they also don’t want you (or even his own attorney) to know why he should be locked up. Daoud, 20, is accused of plotting to blow up two bars in Chicago’s South Loop in September 2012. Some […]

  • Faith Alvarez J.D. Candidate, 2015 Valparaiso University Law School “Skype Translator Will Change the World” was the heading last week in the Huffington Post.  The article discusses Skype’s new project based on the utopian ideal of allowing humans to bridge geographic and language boundaries, all with just the click of a button.  However, as a user of electronic translators, I […]

    Conozca Sus Derechos: El Tribunal Supremo de Indiana (Know Your Rights: The Indiana Supreme Court)

    Faith Alvarez J.D. Candidate, 2015 Valparaiso University Law School “Skype Translator Will Change the World” was the heading last week in the Huffington Post.  The article discusses Skype’s new project based on the utopian ideal of allowing humans to bridge geographic and language boundaries, all with just the click of a button.  However, as a user of electronic translators, I […]

  • By: John Acosta Valparaiso University Law School J.D. Candidate, 2016 On June 3, 2014, the Indiana Supreme Court ruled in State v. Ryan that statements made by the State during closing arguments, that were not objected to, although prosecutorial misconduct, do not rise to the level of fundamental error. Ryan, the Defendant, was an eighth-grade science teacher, who, during the […]

    Improper Conduct in an Untimely Manner

    By: John Acosta Valparaiso University Law School J.D. Candidate, 2016 On June 3, 2014, the Indiana Supreme Court ruled in State v. Ryan that statements made by the State during closing arguments, that were not objected to, although prosecutorial misconduct, do not rise to the level of fundamental error. Ryan, the Defendant, was an eighth-grade science teacher, who, during the […]

  •   By: Faith Alvarez Valparaiso University Law School J.D. Candidate, 2015 According to an Associated Press report this week, the Indiana Supreme Court unanimously called for a reduction of the 150-year sentences two teenagers received for the fatal shootings of Stephen Streeter and his girlfriend Keya Prince in their Anderson home. This wasn’t your average couple. One of the defendants, […]

    Proportionality: 150 years is a long time

      By: Faith Alvarez Valparaiso University Law School J.D. Candidate, 2015 According to an Associated Press report this week, the Indiana Supreme Court unanimously called for a reduction of the 150-year sentences two teenagers received for the fatal shootings of Stephen Streeter and his girlfriend Keya Prince in their Anderson home. This wasn’t your average couple. One of the defendants, […]

  • By: Chris Freiberg Valparaiso University Law School J.D. Candidate, 2015 A former Northwest Indiana pastor probably will not get his 12-year prison sentence overturned for ineffective assistance of counsel. Jack Schaap, 56, the former pastor of First Baptist Church in Hammond, pleaded guilty last year to transporting a 17-year-old parishioner across state lines to have sex. Schaap claims his attorneys […]

    Ineffective Assistance of Counsel Hard to Prove for Indiana Pastor

    By: Chris Freiberg Valparaiso University Law School J.D. Candidate, 2015 A former Northwest Indiana pastor probably will not get his 12-year prison sentence overturned for ineffective assistance of counsel. Jack Schaap, 56, the former pastor of First Baptist Church in Hammond, pleaded guilty last year to transporting a 17-year-old parishioner across state lines to have sex. Schaap claims his attorneys […]

  • By: Aaron Medley Valparaiso University Law School J.D. Candidate, 2015 Once a criminal defendant has served his or her sentence, the justice system may impose post-conviction conditions upon his or her release into the public. Typically, these impositions may be parole monitoring, efforts to gain employment or substance rehabilitation programs. In other words, the justice system expects recently released convicts […]

    Seventh Circuit: The Use of Sentencing Statute in Post-Revocation Sentencing

    By: Aaron Medley Valparaiso University Law School J.D. Candidate, 2015 Once a criminal defendant has served his or her sentence, the justice system may impose post-conviction conditions upon his or her release into the public. Typically, these impositions may be parole monitoring, efforts to gain employment or substance rehabilitation programs. In other words, the justice system expects recently released convicts […]