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Pets of the Week
Honey is a female, orange tabby cat. She is only 9 months old. $30 adoption fee includes spay, microchip, vaccines and bag of food. VHS is open for adoptions and viewing, Tuesday – Saturday from Noon until 6 PM. Check out other animals up for adoption at www.vhslifesaver.org
Dr. Victor Villanueva to be Hispanic History Month speaker at USI
In honor of National Hispanic History Month, Dr. Victor Villanueva, a Regents Professor and Edward R. Meyer Distinguished Professor of Liberal Arts at Washington State University, will be the University of Southern Indiana’s featured speaker at 6 p.m. September 24, in Carter Hall, in University Center West. The event is free and open to the public.
Dr. Villanueva is the author, editor, or co-editor of eight books and nearly 50 articles or chapters in books. Among his list of award winning books, Cross-Talk in Comp Theory: A Reader, is one of the top books for training of English teachers of writing in the United States and abroad. His area of interest is the connection between language and racism.
Having delivered hundreds of talks nationally and internationally, he has received numerous awards including Rhetorician of the Year in 1999 and the Exemplar Award in 2008 for his discipline, rhetoric and composition. Dr. Villanueva also has served as the head of the national organization for Rhetoric and Writing studies along with the Conference on College Composition and Communication, from 1997 to 2000.
For information on USI Hispanic History Month programs, call Pamela Hopson, director of USI’s Multicultural Center at 812-465-7188.
Award of attorney fees in wrongful death depends on existence of survivors
Marilyn Odendahl for www.theindianalawyer.com
In a case of first impression, the Indiana Supreme Court said it was “neither absurd nor contrary to public policy†to find the state’s General Wrongful Death Statute provides different damage awards depending on survivors.
The question of damages arose in a wrongful death claim Courtney Frederick filed on behalf of the estate of her deceased husband, Stephan, against SCI Propane LLC and others. After a jury apportioned 65 percent of the liability to the defendants, the estate moved for partial summary judgment, seeking attorney fees under the Indiana’s General Wrongful Death Statute.
The trial court granted the motion and the Indiana Court of Appeals affirmed.
However, the Indiana Supreme Court reversed in SCI Propane, LLC; South Central Indiana Rural Electric Membership Corp.; Rush Shelby Energy Rural Electric Cooperative, Inc. v. Courtney Frederick, as Personal Representative of the Estate of Stephan Frederick, Deceased, 55S04-1508-PL-501. The five justices ruled the 50-year-old statute does not allow for attorney fees when the decedent is survived by a spouse and/or children.
Reviewing the General Wrongful Death Statute, the Supreme Court noted it divides into two separate categories of decedents – those with survivors and those without.
The second category (deceased individuals who have no survivors) was addressed in McCabe v. Commissioner, Indiana Department of Insurance, 949 N.E.2d 816, 819-21 (Ind. 2011). Here the justices looked at the wrongful death statute in conjunction with the state’s Adult and Child Wrongful Death statutes which both apply to decedents who are unmarried and without dependents. The Supreme Court determined under the doctrine of in pari material, the language in the second category of the wrongful death statute and in the adult and child statutes indicate attorney fees are recoverable.
But in Frederick’s claim, the first category of the wrongful death statute applies. The justices note the statute allows for damages for medical and funeral expenses or for the benefit of the survivors. Taking a narrow reading, the Supreme Court concluded attorney fees do not qualify as damages.
“This outcome is neither absurd nor contrary to public policy. The existence of a surviving spouse or dependent of a decedent creates a significant incentive for the personal representative of the estate to pursue a wrongful death claim for the benefit of the survivors, who were perhaps financially dependent upon the decedent and could face significant hardship without his or her income,†Justice Mark Massa wrote for the court.
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“In the absence of such survivors, however, the only “party†arguably damaged as a matter of law is the decedent, and thus the estate itself,†Massa continued. “It is therefore logical that our General Assembly would provide extra incentive—in the form of statutory fee awards—to personal representatives prosecuting such actions, in order to ensure that those who commit acts resulting in a wrongful death are held liable, which further encourages such actors to avoid that wrongful conduct in the future.â€
LEGAL THEORY by Jim Redwine
Gavel Gamut
By Jim Redwine
(Week of 31 August 2015)
LEGAL THEORY
Now admit it; the title of this article draws you in as a moth to a flame. You cannot wait to delve into the arcane mysteries of ancient concepts such as The Rule Against Perpetuities and The Rule in Shelley’s Case. You know, I had a similar reaction in law school.
As I sat in Jerome Hall’s (1901 – 1992) final class as a professor at Indiana University’s School of Law in Bloomington in 1970 and heard him regale all the fresh young minds, my thoughts ever turned to the exciting areas of comparative legal philosophy.
And since I had that great pleasure I want to share it with you. So let’s begin with a walk down the ivy-covered halls of Bloomington’s limestone corridors.
First you will note that unlike the rest of the university where no one is expected to take root in the classrooms, the Law School has lockers for each student, in the basement, of course. There you kept the instruments of survival: canned tuna, soda crackers, and three dollars in emergency relief funds for when you spent the entire weekend trying to figure out just what some professor who had never practiced law meant when he, they were all men then, meant by Latin terms applied to convoluted fact scenarios.
With Professor Hall it was even more esoteric as he taught legal philosophy, not some real subject such as contracts. Hall had no use for facts or cases. He cared only about legal theory and impressing us with his personal relationships with other “famous†legal theorists we, nor hardly anyone else, had ever heard of. For example, do you know who Karl Llewellyn (1893 – 1962) was? Me neither, but Professor Hall made sure we all knew that Hall had known Llewellyn personally. The only Llewellyn I knew owned a bakery in my hometown. It turned out the baker was not the legal scholar; I got no credit when I identified him as such.
Professor Hall wrote several books and you know how people who write books are. They drive you crazy trying to get you to buy and maybe even read their books. With Hall he knew he was going to sell at least twenty books every semester. I have found his books to be excellent examples of heavy reading; I have moved them several times.
Well, enough of this interesting background of legal theory. Next week we will dive deeply into the exciting area of competing legal philosophies such as Legal Positivism and Natural Law. Now, don’t worry. I’ll make sure you get as much out of the discussions as I did.
UE Names Holly Carter as New Director of Harlaxton College Programs
The University of Evansville and Harlaxton College has announced the appointment of Holly Carter as director of Harlaxton College Programs, based at UE. The University of Evansville’s study abroad program at Harlaxton College has recently been ranked number one in America by BestCollegeReviews.org.
Carter’s duties include overseeing Harlaxton College enrollment management and institutional relations among Harlaxton College Partners. She will serve as a critical liaison between UE, the Harlaxton College Partners, and the Harlaxton College administrators. In addition, Carter will manage Harlaxton College student recruitment, orientation, and related events at UE as well as assisting with the development and review of semester curriculum.
Carter’s most recent position was director of international education and faculty associate at St. Edward’s University in Austin, Texas, where she oversaw a comprehensive international education operation that managed study abroad programs, provided services to international students and scholars, and supported curricular development.
Her teaching areas include public health, sociology, and global studies. She holds leadership roles in international organizations including NAFSA and Habitat for Humanity International. She earned her PhD in health services research from the University of North Texas and master’s degrees in public health (UNT), philosophy (University of Glasgow) and social work (University of Texas at Arlington).
“Holly’s diverse and extensive experience both in the UK and at various universities in the US will be invaluable as we continue to leverage Harlaxton College as the premier study abroad destination,†says Wes Milner, executive director of international programs. “We are very excited to have her join the UE community.â€
Peabody ANNUAL Leader in Education Award Ceremony
Peabody Leader in Education Award
Annual Dinner and Awards Ceremony
Saturday, August 29; 7-9 p.m. (2015 Educator of the Year to be presented around 8:30 p.m.)
  Evansville Country Club, 3810 Stringtown Road
Join us as we honor the region’s top educators and name the Educator of the Year award recipient atthe 2014/2015
Peabody Energy Leaders in Education reception and recognition dinner. Recipients from the previous school year from throughout this region will be honored, as well.
Academic, business  and civic  leaders will be a part of the celebration for those who strengthen education for the next  generation.
UE Ranked in Washington Monthly’s Master’s Universities and Best Bang for Buck
The University of Evansville has been ranked 41st out of 673 universities in the Master’s Universities category of the 2015 Washington Monthly College Rankings for impact on the lives of its students and the public good. UE is one of only two Indiana universities ranked in the Master’s category.
UE was also ranked in Washington Monthly’s Best Bang for the Buck in the Master’s category, placing 164th out of 403 schools. The Best Bang for the Buck rankings list schools that are the best value for the money based on “net” (not sticker) price, the graduation rates of their students, and if those students go on to earn at least enough to pay off their loans.
Factors considered in the rankings include upward mobility, research and service.
UE President Thomas A. Kazee points out that the ranking criteria used by Washington Monthly, particularly that of service to the community, reflect very well the fundamental mission of the University.
“Part of UE’s commitment,†he explains, “is to give each of its students a transformational and significant educational experience. Teaching the importance of service and social responsibility is an integral part of that.â€
Washington Monthly is a bimonthly magazine based in Washington, D.C., that covers politics, government, culture, and the media. The complete 2016 College Rankings and methodology are available online.