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Letter From Patrick A. Shoulders Candidate For Re-Election As A IU Alumni Trustee

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Dear IU Alumni;

 It has been my honor to serve as your alumni Trustee for many years. We have accomplished much together, but much remains to be done as we plan for IU’s 200th Anniversary in 2019-2020.

As a member of the last generation to remember the living Herman Wells (his final letter to me hangs in my office), I am forever guided by his vision: We must strive for excellence in ALL that we do and provide a world class education to deserving students from Indiana (first) and those qualified for admission.

We have preserved our great traditions by revitalizing the Old Crescent. Likewise, we have kept an IU education cutting edge, with International Studies Programs, Informatics initiatives and new Engineering and Architecture Degrees.

I will remain a strong and independent voice on the Board. Believing in maintaining the beauty of our campuses, I fought off privatization of our parking facilities. Sadly, I was unable to convince the Board that we should not turn our back on the Ft. Wayne campus – I don’t win them all! But I am proud that the Bloomington paper has written that I have sounded like “the conscience of the University.”

If you give me your vote, I will continue working to ensure that IU is accountable, affordable and accessible. We have the lowest average net cost in the Big Ten. Gift aid has increased 83% since 2007. I will always insist that we recruit qualified under-represented minority students, that we concentrate efforts on retention and persistence towards degree completion, and that we pay faculty and staff competitively. Each campus is critical to our role as Indiana’s University.

A few years back, President McRobbie announced the establishment of a New Academic Directions Committee. The President charged the committee with strengthening IU’s academic core. As Chair of the Board’s Academic Affairs Committee for many years, I have been honored to work at the Board level with our Provost and other administrators toward the President’s charge: “To improve the overall quality of academic offerings, the efficiency with which we educate our students, and our responsiveness to the trends and challenges that are transforming higher education today.”

The diligent work of our Board, Administration and Faculty has led to many major accomplishments.

We have overseen and approved the creation of new schools that will ensure that IU’s education and research programs will flourish for decades to come. Some highlights of this transformative work include:

  • Creation of the nation’s first school of philanthropy – the Lilly Family School of Philanthropy at IUPUI.
  • Creation of the School of Global and International Studies at IU Bloomington, bringing together our more than 70 language programs and renowned international area studies centers.
  • Creation of the School of Informatics and Computing which merged informatics and library and information science offering an extensive range of programs in information technology.
  • Creation of the Media School at IU Bloomington which merged our excellence in journalism and telecommunications providing our students a pre-eminent national center for education and research on modern media.
  • Creation of Schools of Public Health at IUB and IUPUI which promotes health and supports disease prevention for all of Indiana.
  • Creation of an Engineering Program at IUB making IU a part of the “building and machine” culture.
  • Creation of a new School of Art and Design with a Masters of Architecture Degree.

As we approach IU’s 200th anniversary, I hope you will allow me to continue more than 30 years of work toward her success. My wife Lisa and I also understand the importance of our friends and alumni’s financial support of IU and are life members of our Alumni Association as well as proud members of the President’s Circle and the Hoosier Hundred.

If re-elected, I will continue to be your independent voice on the Board. I will also work to find additional support for our outstanding faculty and staff whose work brings IU national recognition and honor almost daily and who remain vital to the educational and economic aspirations of every Indiana region.

I have worked hard for each of our campuses and am proud to have received IUPUI’s Hine Medal and IU Southeast’s Chancellor’s Medallion for my efforts. Our dream of an IU campus in southwest Indiana is also becoming a reality with the construction of a medical education building in downtown Evansville.

Please click here to cast your vote for me as the next IU Alumni Trustee : https://dataforms.iuf.iu.edu/trustee-election/vote

Sincerely,

Patrick Shoulders

IU ALUMNI TRUSTEE

FOOTNOTE: If you have any questions please contact Patrick Shoulders at: pshoulders@zsws.com.

IS IT TRUE JUNE 2, 2017

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IS IT TRUEI that local attorney and current IU Alumni Board of Trustee member Patrick Shoulders has been a strong and independent voice on the Board.?  … the Bloomington newspaper wrote that Mr. Shoulders has been the “the conscience of the University.”?  …we agree with that statement and urge all IU Alumni to cast their votes to re-elect Mr. Shoulders to the IU Board of Trustees?

IS IT TRUE that downtown Evansville is getting another shot in the arm that is a surprise to many people who didn’t see this coming?…German American Bank which gained an Evansville presence when they acquired the home grown Bank of Evansville several years ago?…German American has announced that it will be moving into the old Integra Bank Building that has been bankless since Integra was taken over by the FDIC nearly six years ago?…this is a big win for downtown Evansville and it puts a business in a building that would have taken many years to fill?…the CCO sees this decision as a positive decision for German American and for Evansville?

IS IT TRUE that the pending opening of the medical school does seem to have opened a window of opportunity for downtown Evansville to make some gains that were blunted by premature ambitions of the Weinzapfel Administration?…concentrating on what needs to happen at home as opposed to one person wanting to scale the ladder of political success toward Indianapolis or even Washington DC, is beginning to pay off?…with the opening of the McCurdy Apartments,  the Lincoln Estates Apartments now into private hands and much needed renovations begins, and the soon to be opening of the IU Medical School, the vision for a vibrant downtown may finally be on the radar?…there will be winners and losers in this time of transition?

IS IT TRUE we just heard from credible sources that the Zoo Director Amos Morris is leaving his position with  Mesker Zoo in about month?  …word in the street is he is leaving to take a position somewhere in California?    …we wonder if the self proclaimed Zoo expert Councilman Dan McGinn will resign his Council seat and take Mr. Morris position?  …one good thing about Mr. Morris move to California is he will be able to hang out with the “penguins”?

Todays “Readers Poll” question is: Do you feel that Downtown Evansville is moving in the right direction?

CHANNEL 44 NEWS: St. Vincent Evansville to Cut Nearly 20 Jobs

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St. Vincent Evansville to Cut Nearly 20 Jobs

Nearly 20 hospital workers will be laid off in the tri-state. St. VincentHealth plans to cut 111 jobs, including 17 in Evansville. The company says an expanded partnership with a management company is the reason for the jobs being cut. Cuts will…

Dr. Bucshon’s Statement on Paris Agreement

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(WASHINGTON, D.C.) – Congressman Larry Bucshon, M.D. released the following statement applauding President Donald Trump’s decision to pull the United States out of the Paris climate agreement:

“While we can all agree that we should continually work to minimize our impact on the environment through innovation and technology, this flawed deal is unfair to American workers and puts our country at an economic disadvantage to the benefit of countries like China, Iran, and India. Estimates show the agreement could cost 6.5 million American jobs and devastate areas like Southern Indiana where families rely on the coal industry. Not to mention, we were committed to this agreement – what should be considered a treaty – unilaterally by President Obama, without the advice and consent of the Senate,” said Bucshon. “The American people should decide the direction of our domestic energy policy, not foreign nations. I’m happy the President took a strong stand today to ensure they do.”

Bucshon was an original cosponsor of a resolution expressing the sense of Congress that the United States should withdraw from the Paris Agreement after it was adopted in December 2015.

BACKGROUND (courtesy Senate Republican Policy Committee):

  • A Decision on Paris • President Obama entered into the Paris climate agreement on his own – he never sought the Senate’s advice and consent.
  • The agreement treats countries differently, with the U.S. cutting emissions more than Russia, China, Iran, and India.

• The disparity puts U.S. businesses at a competitive disadvantage and raises energy costs for Americans.  The Paris climate agreement was a vital part of President Obama’s attempts to build his legacy. The Trump administration is expected to decide the deal’s fate before the president attends the G-7 summit on May 26.

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DISPARITY AMONG COUNTRIES

The United States pledged to reduce greenhouse gas emissions by 20 percent between 2015 and 2025. Meanwhile, Russia is allowed to increase its emissions up to 50 percent – and China refused to set any emissions limit at all until 2030.

After the agreement was signed, many nations indicated that they would only take action if they got a significant amount of foreign aid. Developing nations have requested at least $5.4 trillion in assistance. India requested $2.5 trillion, and South Africa asked for $909 billion. Iran made its commitments contingent on the removal of all sanctions and receiving $840 billion. President Obama transferred $1 billion from the State Department to the United Nations to implement the Paris agreement.

THE SENATE NEVER APPROVED THE AGREEMENT

President Obama knew that Congress would never approve such a flawed deal, so he refused to seek the Senate’s advice and consent. Instead, he labeled it an “executive agreement” and unilaterally pledged U.S. support. President Obama’s actions violated U.S. policy set during the Clinton administration requiring Senate approval for any international effort to set “targets and timetables” for emissions reductions.

POTENTIAL IMPACT ON AMERICAN JOBS

Many of America’s global competitors are unaffected by the Paris agreement, while the United States will incur significant implementation costs. President Obama pledged to cut annual greenhouse gas emissions by about 1.1 billion tons from 2015 to 2025. That’s on top of the more than 820 million tons the U.S. has already cut from annual emissions over the last decade. According to a March 2017 study by NERA Economic Consulting, the Paris agreement will cost America $3 trillion and eliminate 6.5 million jobs by 2040. Every sector of the economy will be affected, especially the U.S. industrial base.

Decline in U.S. Industrial Output Due to Paris Agreement in 2025

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Source: NERA Economic Consulting

INCREASING U.S. OBLIGATIONS

The United States’ obligations under the Paris agreement increase over time. Under the agreement, the U.S. is required to update its emission-reduction targets every five years. The plain language of the agreement states that we can only pledge to do more – not less – as time goes on.

IMPACT ON THE ENVIRONMENT

Despite the high costs, the agreement does not solve the environmental challenges it was meant to address. China is the world’s largest producer of greenhouse gases. While U.S. emissions decline, those from developing nations like India continue to rise. That’s one reason why researchers at MIT estimate that the agreement will have a negligible impact on the environment.

More here: https://www.rpc.senate.gov/policy-papers/a-decision-on-paris.

 

Title VII Sexual Orientation Cases Bubbling In Federal Courts

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Title VII Sexual Orientation Cases Bubbling In Federal Courts

Marilyn Odendahl for www.theindianalawyer.com

As the U.S. District Court for the Northern District of Indiana continues with its first case allowing a Title VII claim on the basis of sexual orientation, the 2nd Circuit Court of Appeals is preparing for an en banc rehearing to consider whether Title VII prohibitions include sexual orientation discrimination.

The New York-based federal appellate court is the second circuit to agree to have all the judges hear arguments about the extent of protections offered by Title VII of the Civil Rights Act of 1964. Following a similar en banc hearing, the 7th Circuit Court of Appeals in Chicago was the first to upended its own precedent in April 2017 with the majority finding discrimination because of sexual orientation is barred by the civil rights provision.

The 7th Circuit then remanded the case, Hively v. Ivy Tech, 15-1720, to the district court of Northern Indiana. Judge Jon DeGuilio and Magistrate Judge Michael Gotsch are assigned to the case.

Hively’s original pro se lawsuit claimed Ivy Tech denied her full-time employment and promotions because she is a lesbian. In its May 10 answer to the complaint, the community college denied it discriminated against the math teacher because of her sexual orientation and, in response to her allegation that she never received a negative evaluation, the school maintained Hively received varying feedback from several superiors during her time of employment.

Ivy Tech filed a status report with the court May 25. The college estimated discovery would take about seven months, after which it intends to file a motion for summary judgment. Also, it indicated it is open to mediation.

The 2nd Circuit has scheduled the rehearing in Zarda v. Altitude Express, Inc., 15-3775, for Sept. 26 at the Thurgood Marshall United States Courthouse in New York City. Inviting interested parties to file amicus briefs, the appellate court has set deadlines of June 26 for the plaintiff’s briefs and July 26 for the defendant’s briefs.

Donald Zarda, a skydiving instructor, filed a Title VII lawsuit after he was fired from Altitude Express, claiming he was dismissed because he was gay. Zarda has since died, but his relatives are continuing with the complaint.

The 2nd Circuit panel that initially heard Zarda’s case dismissed the complaint because precedent holds that Title VII does not cover sexual orientation. Zarda’s attorney, Gregory Antollino, then filed a petition for a rehearing en banc, which the appellate court granted on May 25.

The National Women’s Law Center along with several other advocacy groups has filed an amicus brief, asking the 2nd Circuit to find that sexual orientation discrimination does violate Title VII. Other nonprofits joining the brief include 9to5, National Association of Working Women; Gender Justice; the National Association of Women Lawyers; and the Women’s Law Project.

Also, the 2nd Circuit has invited the Equal Employment Opportunity Commission to brief and argue the case as amicus curiae.

The 11th Circuit Court of Appeals in Atlanta is still considering whether to convene an en banc rehearing for a Title VII sexual orientation case, Jameka Evans v. Georgia Regional Hospital, 15-15234. Initally, the panel rejected the claim by Evans that she was harassed and eventually fired because of her sexual orientation.

Lambda Legal, representing Evans, has since filed a petition for an en banc rehearing Marcy 31. “It is sex discrimination to discriminate against women, but not men, based on their romantic interest in women, for the simple reasons that such discrimination treats otherwise similarly-situated people differently solely because of their sex …,” the brief argued.

Four Democratic members of Congress – Sens. Tammy Baldwin of Wisconsin, Cory Booker of New Jersey, and Jeffrey Merkley of Oregon along with Rep. David Cicilline of Rhode Island – have filed an amicus curiae brief in support of the rehearing. Also, the American Civil Liberties Union and the National Employment Lawyers Association, Georgia and Florida chapters, are supporting an en banc hearing to extend Title VII protections to LGBT individuals.

Lack Of Statewide Will Procedures Leaves Unanswered Questions About Official Documents

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Lack Of Statewide Will Procedures Leaves Unanswered Questions About Official Documents

Dave Stafford for www.theindianalawyer.com

The final stop for a last will and testament in the e-filing era depends on where in Indiana an estate is opened and what the local probate court demands, at least for now.

The lack of a statewide standard for what to do with original wills when estate cases are opened electronically means practices vary, causing confusion among attorneys and personal representatives.

“I think the courts have struggled with that question, and I don’t know that a lot of them have come to a conclusion yet,” Indianapolis estate attorney Barbara J. Baird said.

In Marion County and many others where e-filing is mandatory, lawyers and personal representatives who open an estate case through e-filing simply attach an affidavit stating that the electronic version is the same as the original. The lawyer or the decedent’s personal representative swear to retain and produce the original will upon request of the court.

EichholtzEichholtz

“I haven’t had anybody question it or test it or say, ‘That’s not the original will,’” Marion Superior Probate Judge Steve Eichholtz said. “I’m sure it will happen,” he said, though he doesn’t believe the potential for abuse is any more or less with e-filing.

Varying standards

An original will may be required to be kept in any of at least four places, depending on whether a county is e-filing and what the local court rules say. Courts permitting an affidavit with e-filing may require the original be kept in a law office or with the personal representative. Some e-filing courts still require the original will be filed in person or mailed to the court, while still other original wills may reside in a county clerk’s office.

E-filing will be mandatory in Tippecanoe County in early June, but Circuit Judge Thomas Busch said he hasn’t decided yet what he’ll ask lawyers to do with original wills at the opening of an estate. “I’d like to see a statewide standard, then I wouldn’t have to make my own decision,” Busch said.

BuschBusch

Lawyers who’ve been e-filing in Tippecanoe County have been allowed to follow the Marion County procedure, he said, “but we’re still receiving wills. … When people ask, we say, ‘Please send in the will.’”

Judges and attorneys said little guidance was provided from the state in terms of how original wills should be handled once e-filing became mandatory, as it is now in three dozen counties. Some are erring on the side of established practice.

Vanderburgh County became a mandatory e-filing county in May but continues to insist on also receiving the original will.

“Once the will has been e-filed for probate, we’re asking attorneys to submit the original will within a week either by mail or in person,” said Vanderburgh probate clerk Amy Cron. Lawyers are on board with the requirement, she said, though some from outside the county have been confused by it. “So far, we’ve not had anybody who’s not been willing to submit the original will,” she said.

Cron said the county continues to warehouse wills dating to the 1800s, but she envisions a coming day when an e-filed document will suffice. For now, though, tradition is winning out.

“A lot of the attorneys feel like that’s a document that should always remain” with the court, Cron said.

baird-barbara-mug.jpgBaird

As Baird said, a will by its nature is one of the weightiest documents for courts, because the person it represents can no longer speak for him- or herself. “I think the law has addressed that issue by requiring the original (will) procedure,” she said.

Seeking uniformity

Busch, like Eichholtz, is a member of the Indiana Office of Court Services’ Probate Committee, and he said he plans to push for a recommendation of a statewide standard when the group of 15 judicial officers meets in early June. He hopes to also soon decide what the procedure will be in his court, and that it’s possible those who filed just an affidavit might be asked to also supply the original will in paper form.

SchneiderSchneider

“We need to have a standardized process,” said Allen Superior Probate Magistrate Phillip Houk, who said lawyers e-filing to the courthouse in Fort Wayne have been filing with an affidavit as in Marion County. But Houk, who’s also a member of the court Probate Committee, agreed courts didn’t get much direction when the issue was brought up as the state transitioned to e-filing. “If they now tell me we’ve got to do it differently,” he said, “I’m not going to be all that excited.”

Lake Superior Judge Diane Kavadias Schneider chairs the court Probate Committee and agreed on the need for uniformity. Lake County hasn’t yet adopted e-filing and still requires the filing of original wills. “I don’t see what the difference would be, that it would be any different from any other (e-filed) document, as long as it’s in proper form,” she said. “Technology is great — when it works.”

Shifting the burden

While e-filing is easing the transition to a digital practice, Baird points out the irony for estate lawyers: They may be left holding more paper because they may be required to store and safeguard the official will after an estate is opened. This raises other questions for which there aren’t consistent answers, such as how long wills must be kept.

HoukHouk

Houk notes that for someone like him who’s presided primarily in the area of estate law for more than 30 years, “it was shocking at first to my sensibility” that the court would no longer require the original will at the opening of an estate. “It was kind of a radical thought that you wouldn’t bring the original into the court,” he said, but he’s gotten past his initial reluctance as e-filing has been adopted smoothly in Allen County and elsewhere.

Baird noted Marion County has a designated area where all wills are stored, but now, that burden will shift to lawyers. She understands the efficiencies gained from e-filing, but she’s not a fan of firms now being required to be custodians of original wills — particularly smaller firms that may lack space.

“If the original is important, it certainly makes sense that it be retained by the courts handling the probate of the will rather than being scattered around multiple lawyers’ offices around the state,” she said.

Another option is available for attorneys and personal representatives who may be charged with the safekeeping of a will but may not want to be personally or professionally responsible for the document. Under Indiana Code 29-1-7-3.1, a will may be deposited with the clerk of the circuit court where the testator lived for a fee of $25.•

Indiana Death Penalty Protocol ‘Void’

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Indiana Death Penalty Protocol ‘Void’

Dave Stafford for www.theindianalawyer.com

Indiana’s means of carrying out the death penalty through lethal injection “is void and without effect,” the Indiana Court of Appeals ruled Thursday, reversing a death row inmate’s challenge to the Department of Correction’s execution protocol.

Judge John Baker wrote for the court the Department of Correction was bound to enact new lethal-injection protocols under the state’s Administrative Rules and Procedure Act, subject to public comment, which it did not do. Failing to do so voids a protocol DOC adopted in May 2014, the court ruled, tossing out the state’s means of execution via a fatal three-drug cocktail that has never been used in any state or federal execution.

“Finding the General Assembly has not exempted the DOC from ARPA and that the statutory definition of ‘rule’ clearly includes the DOC’s execution protocols, we reverse,” Baker wrote for the Court in Roy Lee Ward v. Robert E. Carter, Jr., Commissioner of the Indiana Department of Correction, and Ron Neal, Superintendent of the Indiana State Prison, in their official capacities, 46A03-1607-PL-1685.

The ruling remands the case brought by Ward to LaPorte Circuit Court, where Judge Thomas J. Alevizos previously dismissed the suit.

Ward was sentenced to death in 2007 for the 2001 rape and murder of 15-year-old Stacy Payne in Spencer County. He is one of 12 people on Indiana’s death row at the Indiana State Prison in Michigan City.

This story will be updated.

Gilda’s Club Evansville to Host Tri-State Cancer Survivor Day

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WHAT: Gilda’s Club Evansville is hosting Tri-State Cancer Survivors Day…a celebration of hope for all cancer survivors and their tribes (family and friends that support them).

 WHERE:  Eykamp Scout Center, 3501 E. Lloyd Expressway, Evansville, IN
Rain Location: Washington Square Mall, 501 Washington Ave., Evansville, IN -  please check Gilda’s Club Facebook page or call 812-402-8667 for voicemail recording update

WHEN:  Sunday, June 4th from 1:00pm – 4:00pm with closing ceremony 3:15pm-4:00pm

 WHY:  If cancer has knocked on your door, you know how important it is to have a ‘tribe’ of loved ones that walk with you every step of your journey.  This event will celebrate survivors and all those that support them with an afternoon of Survivor themed activities, mega prizes and more.

                        Register online: http://www.gcevv.org/survivor-day/ or call 812-402-8667

 “Survivors and their loved ones inspire us every day with their courage and their strength, Melanie Atwood, Executive Director, exclaimed.”  “June 4th will be a day to celebrate them and surround them with a community of support.”

DETAILS:  Gilda’s Club Evansville is a free cancer support community for anyone living with cancer and their families and friends.  Gilda’s Club recognizes that social and emotional support is as essential as medical care when cancer is in the family and offers a variety of workshops, classes, groups and activities in a non-residential, home-like setting.

Field announced for 2017 Cancun Challenge

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Aces to open versus Fresno State

Another high-profile tournament is on tap this season for the University of Evansville men’s basketball team as they head to Cancun, Mexico for the 2017 Cancun Challenge.

Contests in Cancun will take place on Tuesday, November 21 and Wednesday, November 22.  The Purple Aces open play on Tuesday against Fresno State and will face either George Mason or Louisiana Tech in the final game.  CBS Sports Network will carry both games.

“We are very excited to have the opportunity to participate in the Cancun Challenge,” Aces head coach Marty Simmons said.  “The tournament features some great teams that we have a ton of respect for.  Playing in the Cancun Challenge will give us the chance to take on some great competition and help to prepare us for the Missouri Valley Conference schedule.”

Evansville’s first opponent is Fresno State, a squad the Aces have a great deal of familiarity with.  UE is 4-1 versus the Bulldogs while winning meetings in 2014 and 2015.  The first contest took place in the Gulf Coast Showcase in Estero, Fla. When UE took a 58-52 win in 2014.  A year later, the teams faced off in Fresno in the MVC/Mountain West Challenge as Evansville came away with an 85-77 win.

The second opponent will be George Mason or Louisiana Tech.  UE has never taken on either school on the h