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Indiana Law Annotated

Vol. 16, No. 12
April 12, 1999

Table of Contents

EVENTS & LECTURES

PROFESSOR FREDA ADLER FROM CRIMINAL JUSTICE TO SPEAK

On Monday, April 12, from 5 p.m.-7 p.m. in the Moot Court Room, Professor Freda Adler of the Criminal Justice Department at Rutgers is speaking on Challenge for the Third Millennium: Globalized Crime. She is a guest of the Criminal Justice Department.

PANEL ON LAWYER SATISFACTION FRIDAY

On Friday, April 16, at 10:15 a.m. in the Moot Court Room, managing partners from major firms across the country meet with the author of a landmark study on lawyer satisfaction to discuss his findings. Students are invited to attend.

Professor Jack Heinz, Northwestern Univ. School of Law, is the author of an influential early study of lawyers in Chicago. Returning to the lawyers of Chicago, Heinz discovered that lawyers are much more satisfied with their careers than is popularly imagined.

A distinguished panel of lawyers will discuss and challenge those findings on Friday.

Participating lawyers include: Bruce McLean, Managing Partner, Akin, Gump--Washington DC; Alecia

DeCoudreaux, Vice President for Law, Eli Lilly Corp.---Indianapolis; Robert Long, former Managing Partner, Latham & Watkins---Los Angeles; Richard Rhodes, Holleb & Coff Chicago; Jaqueline Simmons, Vice President, Reilly Industries---Indianapolis.

NEWS FROM THE FACULTY

Professor Kevin Brown presented a paper at the Religion and Personal Law in Modern India Colloquium held here last week. The title of the paper was "A Comparison of Affirmative Action in the United States to the Reservation System in India."

Professor Brown also presented a lecture to the Indiana Commission on Civil Rights March 25th entitled "Current Equal Protection Issues in Public Elementary and Secondary Schools."

Professor Lynne Henderson gave the keynote address on rape and the law for the Indiana Regional Workshop for Judges and Prosecutors in Indianapolis on April 6. The workshop was sponsored by the Indiana Coalition Against Domestic Violence, the Indiana Coalition Against Sexual Assault, and the Indiana Prosecuting Attorneys Counsel.

Professor David Fidler has been invited to give a Dean's Lecture at the University of Kansas School of Law in September 1999. The topic of his lecture will be "International Law and Global Public Health". The paper will be published as an article in the November 1999 issue of the University of Kansas Law Review.

NEWS FROM THE RECORDER'S OFFICE

Summer, 1999 student schedules were placed in your mailboxes with the drop/add schedule for the summer. Please note the drop/add deadlines for 100% refund. A refund schedule for the summer has been placed in the glass board on the ground floor. We are now processing summer schedule adjustments in our office. Further instructions for processing drop/adds with the University will be given to the student at the time of the transaction in the Recorder's Office.

A listing of closed courses for the fall semester has been placed in the glass board on the ground floor. Bump notices will be placed in individual student mailboxes by 5:00 p.m. on Monday, April 12. Current 2Ls may adjust their fall schedule in the Recorder's Office on Tuesday, April 13; remaining students may adjust their schedules on Wednesday, April 14.

Spring Semester 1998-99 exam numbers are available.

NEWS FROM STUDENT ORGANIZATIONS

HELP FOR ETHNIC ALBANIANS

Once again our law school year is coming to a close. Things are hectic with classes ending, exams beginning and for some of us, graduation. In these stressful times it is easy to forget about others in need. Let's not do this. I am trying to raise money for the Ethnic Albanian Refugees. These people have lost almost everything, including many loved ones. Your small donation can go a long way. If you would like to make a donation, please send a check to: American Red Cross International Response Fund, P.O. Box 37243, Washington, D.C. 20013 or Call 1-800-HELP-NOW.

I will also be at a table in the lobby Wed. April 14 - Friday April 16 collecting donations. Thanks For Your Help. Heather DeCoursey (3L).

FEDERALIST SOCIETY

The Federalist Society will hold elections on Wednesday, April 24th, at Noon. Members should be sure to come and cast their votes!

STUDENT LAW ASSOCIATION SLA ELECTIONS

Nomination forms for SLA representatives are due at the SLA office or election box at the library circulation desk by 5:00 p.m., Monday, April 12th. Nominees will be notified by phone. Elections will be held Tuesday and Wednesday, April 13th and 14th from 11-1 in the lobby. Be sure to vote!

DISCUSSION WITH DEANS AMAN, ROBEL AND FROMM ON THE FUTURE OF THE LAW SCHOOL

All students should have received a survey in their mailboxes about the future of the law school. SLA and concerned students would now like to invite the entire student body to a forum with Dean Aman, Dean Robel, Dean Fromm, SLA, and other faculty members to discuss the topics raised in the survey, as well as other pertinent issues. The forum will be held on Tuesday, April 20th at Noon in the Moot Court Room. Questions? Please see 2L Angela Karras or 3L Mark Anderson. This will be an excellent opportunity to discuss the law school community, and we look forward to seeing each and every one of you there.

DELTA THETA PHI 5K AMBULANCE CHASE

Show your spirit and get ready to chase an ambulance. That's right, the 5K Ambulance Chase is right around the corner. Leave the Model Rules of Professional Responsibility at home as we will actually chase an ambulance through the streets of Bloomington. You can even wear your best (or worst) attorney costume to the Chase.

When: Saturday, April 17 Check-in/ registration: 8:30 a.m. Race starts: 9:00 a.m.

Where: Start at Bryan Park parking lot on Henderson Street and end 3.1 miles later in the Woodlawn Street side of the Park.

The Ambulance Chase, organized by Delta Theta Phi and sponsored by local businesses, is an annual fun run and everyone is welcome. You can walk, run, roller blade, skateboard, etc. However, prizes will go to the top runners.

The entry fee is $15 dollars and includes a T-SHIRT (add $2 for XXL). The cost of just a t-shirt is $13 (add $2 for XXL). Proceeds from this race benefit the Bloomington Hospital Ambulance Service.

Please pick up an entry form and order a really nice t-shirt (or two) from our table in the lobby all week. Please contact Adam Berlin aberlin@indiana.edu, if you have any questions or need additional information.

ANNOUNCEMENTS

AWARDS PRESENTATION

At 12:15 on Monday, April 19th, Dean Aman will present the Leon Wallace Teaching Award for outstanding teaching. In addition, PILF will present the Leonard D. Fromm Public Interest Award to a faculty member for their role in advancing the public interest. Both award presentations will occur in the main foyer. All students, faculty and staff are invited to the ceremony honoring the recipients of these two awards.

INDIANA COURT OF APPEALS ARGUMENT RESULTS BURKE v. CLELAND

For those of you who wondered what happened in Burke v. Cleland, the case heard by the Indiana Court of Appeals here last October, here is the headnote. The case appears at 702 N.E.2d 1078. Personal representative and heirs filed declaratory judgment action, seeking determination as to how death taxes should be allocated between estate and subsequently created inter vivos trust.

The Superior Court, Lake County, James Danikolas, J., ordered estate and trust to each pay its proportionate share of death taxes incurred. Inter vivos trust beneficiaries appealed, and personal representative and heirs cross-appealed.

The Court of Appeals, Baker, J., held that: (1) tax provision of subsequent inter vivos trust controlled over conflicting will provision; (2) personal representative had authority to request payment of taxes from trustee; (3) trial court erred in apportioning death taxes between estate and trust; (4) trust was responsible for all state inheritance and federal estate taxes; and (5) trust would be required to pay its own generation-skipping transfer (GST) taxes. Reversed and remanded.

DISCUSSION ON STUDENTS WITH DISABILITIES: MONEY VS. MEANINGFUL ACCESS

This Monday, Children and the Law invites you to spend your lunch hour enjoying pizza on us and learning about a divisive and cutting-edge issue. We have assembled a great group of people to provide perspectives on the obligations of public schools toward students with disabilities. What are the pros and cons of main streaming students with disabilities? Who should pay for the cost of access?

Suzanne Clifford, 1L, will present the Supreme Court's recent decision on the subject of services schools are required to provide. 3L Kathy Osborn, an associate at IU's Institute for the Study of Developmental Disabilities, will also lend her expertise. For the schools' perspective, we are glad to welcome Michael Horvath, director of special education for the Monroe County schools, and Norma Roper, school nurse.

This promises to be a great program on a growing area of the law --the enforcement of the statutory rights of people with disabilities.

The discussion will take place Monday, April 12, at 12:15 in room 124. Pizza and pop will be served.

MEETING ON LAW JOURNALS AND MOOT COURT

There will be an informational meeting for 1Ls on both Law Journal and Moot Court participation Thursday, April 15th at 12:15 in the Moot Court Room. There will be a brief description of each law journal as well as the law journal writing competition. A brief informational meeting for participation in Moot Court will follow.

ENVIRONMENTAL COURSE ADDED TO SUMMER SCHEDULE

"Environmental Issues in Business Transactions," with Rosemary Spaulding, will be offered from June 16-August 4. The class will meet Wednesdays from 6-8:10. Exam will be August 7.

CIVIL RIGHTS: CONSTITUTIONAL LITIGATION ADDED TO FALL SCHEDULE

Dean Robel will offer "Civil Rights: Constitutional Litigation" this fall from 11-12:10 Monday through Wednesday. The course will be over on November 2 and the exam will be Nov. 6. The course focuses on 42 U.S.C section 1983, the primary statutory vehicle for litigating questions of constitutional law.

Section 1983 litigation ranges over wide territory: from lawsuits designed to remedy structural problems in prisons and schools to litigation by individuals over searches and seizures, by government employees over due process rights, by homeowners over takings clause issues, by prisoners over conditions of confinement, and by newspapers to raise First Amendment challenges to regulations. Much of the course is concerned with the tensions created in a federal system by the existence of a cause of action for individuals against state and local governments and officials. Among our primary concerns will be the balance the Supreme Court has struck between the need to vindicate federal constitutional rights on the one hand and the need to respect the interests of states and localities in governing without undue fear of liability on the other. The other major theme of our study will be the tools the Court brings to statutory interpretation.

CALENDAR

Monday, April 12, Discussion on Students with Disabilities: Money Vs. Meaningful Access, 12:15, room 124.

Monday, April 12, Professor Freda Adler of the Criminal Justice Department at Rutgers speaks on "Challenge for the Third Millennium: Globalized Crime," 5 p.m. to 7 p.m., Moot Court Room.

Tuesday and Wednesday, April 13th and 14th, SLA elections, 11-1, Lobby.

Thursday, April 15, Informational meeting for 1Ls on both Law Journal and Moot Court participation. 12:15 in the Moot Court Room.

Friday, April 16, Panel on Lawyer Satisfaction, 10 a.m., Moot Court Room.

Saturday, April 17, Ambulance Chase (register all week at noon in the Lobby), 8:30 a.m., Bryan Park (Henderson St.)

Updated: 11 April 1999