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Indiana Law Annotated

Vol. 18 No. 13
April 10, 2000

Table of Contents

PROFESSOR SIR DAVID WILLIAMS PRESENTS LECTURE ON WEDNESDAY

THE COURTS AND LEGISLATION: ANGLO-AMERICAN CONTRASTS
Sir David Williams, Professor of Law at Emmanuel College, University of Cambridge, who is visiting the Law School as the George P. Smith II Distinguished Visiting Professor, will present a lecture on Wednesday, April 12 at Noon in the Moot Court Room. He will speak on the topic "The Courts and Legislation: Anglo-American Contrasts."

Professor Williams received his B.A. from the University of Cambridge in 1953, an LL.B. in 1954 and an M.A. in 1958. He then came to the United States where he studied at Harvard and at the University of California at Berkeley. He received an LL.M. from California in 1958, and began his teaching career in that year at the University of Nottingham. He taught there from 1958 to 1963, when he joined the faculty at Keble College at the University of Oxford. In 1967 Professor Williams left Oxford for Emmanuel College, Cambridge, where he served as Director of Studies in Law. From 1980 to 1992 he was President of Wolfson College at Cambridge. And in 1983 he was named the Rouse Ball Professor of English Law, a position he held until 1992 when he became the first full time Vice-Chancellor at Cambridge University, a position he held until 1998.

Professor Williams has published widely and is well known for his work in English Constitutional and Administrative Law. His book, "Not in the Public Interest: The Problem of Secrecy and Democracy," is a classic text in English Public Law.

Professor Williams' lecture promises to be very interesting, and we encourage everyone to attend.

NAPSTER AND THE FUTURE OF MUSIC ON THE INTERNET

NATIONAL FORUM ON NAPSTER AND THE DISSEMINATION OF MUSIC ON THE INTERNET
The Indiana Memorial Union Board and the IU School of Law is proud to present a national forum on Napster and the dissemination of music on the Internet. "Napster and the Future of Music on the Internet" will be held on Tuesday, April 11 at the IMU Whittenberger Auditorium at 7:00 p.m.

Napster, the free software that allows Internet users to share music through the exchange of MP3 files, has been especially embraced by college students with access to high speed internet connections. At the same time, Napster, Inc. has drawn attention to the issue of copyright infringement on the Internet. The Recording Industry Association of America has sued Napster recently, alleging such copyright infringement. Additionally, the strain on Internet connections caused by Napster's high-bandwidth requirement has led several colleges and universities, including Indiana University, to eliminate Napster access from their local area networks. This inspired IU student Chad Paulson to found "Students Against University Censorship," an Internet-based effort to challenge the massive shutdown of Napster. On March 25th, following a cooperative effort with Napster, Indiana University brought Napster back online. IU is currently conducting a two-week test of the technology and expects other colleges and universities to follow suit.

Union Board's forum brings together some of the most knowledgeable representatives of the many diverse sides of this issue including Napster, the RIAA, Webnoize, and Indiana University administration and students. This event is co-sponsored by the IU School of Law.

Panelists include: Sean Parker - 20 year old co-founder of Napster; John Simson - Entertainment attorney, former manager of Mary Chapin Carpenter, Senior Director of Membership RIAA Digital Performance Rights Coalition; Ric Dube - Webnoize Senior Editor; Glenn Gass - IU School of Music Professor, History of Rock 'n Roll; Marshall Leaffer - IU School of Law Professor, author of "Understanding Copyright"; Chad Paulson, IU sophomore, founder of Students Against University Censorship; Mark Bruhn, IU Information Technology Policy Officer, advises administration on technology policy and security issues.

The forum will be moderated by Robert Meitus, IU third year law student, manager of Carrie Newcomer. Everyone is invited and encouraged to attend.

DRUNK & DISORDERLY

PANEL DISCUSSION ON ALCOHOLISM ON WEDNESDAY
No matter what area of law you enter, alcoholism will be a factor in your work. In criminal law, it will create clients and complicate cases. In wills or bankruptcy or patents or other civil areas, it will create extra problems in any matter it touches. It will show up in your relationships with co-workers, too, making the office dynamics difficult.

If you would like to learn a little more about alcoholism as a complicating factor in the legal system, please join Foster Inn of Phi Delta Phi and Amethyst House, Inc. as they present "Drunk & Disorderly", the 2nd Annual Interdisciplinary Panel Discussion on Alcoholism and the Legal System.

The discussion will be held in the Moot Court Room on Wednesday, April 12, from 7:00 p.m. to 9:00 p.m.

The panelists will be Patrick Schrems, J.D., Owen Slaughter, M.D., and Judge Kenneth G. Todd. Moderation will be provided by Kimberly Ruff.

Everyone is invited and encouraged to attend. Coffee and rich desserts will be provided! For more information, contact Carolynn at 961-6061.

MEET THE FALL ADJUNCT FACULTY

JUDGE VAIDIK, TOM FUNK, AND RORY O'BRYAN
Every year we invite distinguished practitioners and judges to share their expertise with our faculty. Joining Judge Marc Kellams in the Trial Process program this fall will be Judge Nancy Vaidik and Mr. Tom Funk.

Judge Vaidik taught Trial Advocacy at Valparaiso University School of Law from 1986 until she joined the Indiana Court of Appeals this year. She was a judge in Porter County Superior Court IV from 1992- 2000. Before becoming a judge, she spent six years as a prosecutor and then six years in private civil practice. She has served on the State Board of Law Examiners and as Chairperson of the Indiana Judicial Center. We are happy to welcome Judge Vaidik to the faculty next year.

Joining her in the Trial Process program will be Mr. Tom Funk, who taught Trial Process this year. Mr. Funk is a partner with Hill, Fulwilder, McDowell, Funk & Matthews in Indianapolis. The firm specializes in tort liability defense. Mr. Funk has served as President of the Board of Directors of the Indiana Defense Lawyers Association, is a Fellow of the American College of Trial Lawyers, and has served as a member of the Supreme Court Committee on Rules of Practice and Procedure for five years.

Joining Eric Manterfield in the advanced property area is Mr. Rory O'Bryan, who returns for the third time to teach Real Estate Finance in the Fall and Real Estate Development in the Spring. Mr. O'Bryan has more than 20 years of concentrated real estate practice experience representing lenders, developers, retailers, manufacturing companies, investors, title companies and others. He is a member of the real property section of the Indianapolis Bar Association; and the real property section of the ABA. He is a Fellow of the Indiana Bar Foundation, and a member of the International Association of attorneys and Executives in Corporate Real Estate, where he served as Chairman of the Board of Directors.

NEWS FROM THE FACULTY

Professor Kevin Brown presented a paper entitled "Equal Protection Challenges to the Use of Race and Ethnicity in the Admissions Process of Public Elementary and Secondary Schools" at a conference entitled "Education and the Constitution: Shaping Each Other and the Next Century". The conference was sponsored by the Constitutional Law Center located in Akron, Ohio. Professor Brown would like to acknowledge and thank his students in both his Race, Law and American Society and Law & Education classes for their helpful suggestions that allowed him to strengthen the argument that he presented in the paper.

Associate Dean Lauren Robel presented a paper March 24, "A Federal Courts Research Agenda for the 21st Century," at a symposium on "Managing the Federal Courts" at UC-Davis Law School.

NEWS FROM STUDENT AFFAIRS OFFICE

THE JOB SEARCH PROCESS DURING THE SUMMER AFTER FIRST YEAR OF LAW SCHOOL
At 12:15 p.m. on Tuesday, April 11, in the Moot Court Room, there will be a presentation for first year students regarding the question of what should a rising 2L be doing during the summer to prepare for seeking a legal position for the future, i.e. for the summer after the second year and beyond. Implicit here is that there are key things during the summer that a rising 2L can do to clarify goals, values, and expectations and to "jump start" their job search.

The discussion will be led by Professor Sarah Hughes and Assistant Dean Len Fromm, along with commentary from upperclass students about what they did that they found effective and ineffective.

CALL FOR PEER ADVISERS
See Dale (Room 024) to apply to be a peer adviser for the 2000-2001 academic year. The application deadline is May 19.

NEWS FROM THE RECORDER'S OFFICE

SUMMER DROP/ADD/ REGISTRATION
Students may adjust their summer schedules starting next Wednesday, April 12.

FALL REGISTRATION
Individual bump notices from over-enrolled courses will be placed in student mailboxes along with their course selections by 5:00 p.m., Friday, April 7. Students may process schedule adjustments on Wed. and Thur., April 12- 13. Please note, that the drop/add process is on a first-come basis. You may also place your name on a wait list for a course that is closed starting on, April 12. If you are bumped from a course and an alternate re-entry number has not been designated on your bump notice, you are not automatically placed on the wait list.

PLEASE NOTE THE FOLLOWING COURSES ARE CLOSED AT THIS TIME:

B601, Criminal Process I (Bell)

B608, Family Law (Conrad)

B620, Negotiations (Fromm)

B646, Electronic Communications Law (Cate) - the writing section only is closed

B653, Corporations (Hicks)

B659, American Legal History (Conrad)

B668, Constitutional Law II (Johnsen)

B678, Law and Sports (Scanlan)

B722, Trial Process (Kellams)

B771, Mediation (Lahn)

B782, Survey of Environmental Law (Applegate)

L698, Sem in Environmental Justice (Applegate)

L710, Sem in Law & Society (Bell)

L716, Sem in Communications Law (Cate)

L739, Sem in International Litigation and Arbitration (Buxbaum)

L799, Sem in Congress and the Courts (Geyh).

OTHER NOTES:

B645, Wills and Trusts (Stake), course time has been changed to 4:15-5:25 pm MTW. If this time change conflicts with your course schedule, you will need to adjust your schedule during the drop/add period noted above.

B669, Immigration Law (Scanlan), is now offered to fulfill the "writing" requirement.

B722, Trial Process: Judge Nancy Vaidek is a new Court of Appeals judge and has just moved to Indianapolis from northwestern Indiana, where he has been a trial judge. She has taught Trial Process to great reviews at Valparaiso and is on the NITA faculty for lawyer litigation training. Tom Funk is a civil litigator in Indianapolis. He taught here last semester.

B749, Real Estate Finance, will be offered by Rory O'Bryan, who taught this course last year.

EXAM NUMBERS
Exam numbers for the spring semester are available in our office.

NEWS FROM STUDENT ORGANIZATIONS

ENTERTAINMENT LAW ATTORNEY HERE ON TUESDAY
The Sports and Entertainment Law Society presents entertainment law attorney John Simson, Tuesday, April 11 at 4:05 p.m. in Room 122 on "Entertainment Law and New Technologies."

Mr. Simson has managed Mary Chapin Carpenter, represented clients such as Harry Belafonte and now is membership director for the RIAA's Digital Performance Rights coalition.

Note - This talk will take place in the final segment of Professor Leaffer's Copyright class, but it is open to all.

THANKS FROM ELS
The IU Environmental Law Society is pleased to announce that it successfully bid for three tons of sulfur dioxide (SO2) on the year 2000

spot bid market. (Spot bids are for the current year as opposed to seven-year-advance bids). As a result of our successful fundraiser, three tons of SO2 will be taken off the market and "retired".

ELS would like to thank everyone who helped at our bake sale, either by buying baked goods, sitting at the table, or bringing something to sell.

We consider it a great success (especially since it was undertaken at the last minute by a couple of rank amateurs). This goes a short way toward increasing the national visibility of the IU Environmental Law Program, and a short way toward increasing the activity level of ELS. Plus, it has a tangible effect on the environment as well as solid symbolic value.

ANNOUNCEMENTS

HELP NEEDED FOR GRADUATION PARTY - FREE FOOD WHILE EARNING MONEY!
Attention 1Ls & 2Ls! Want to Help with the Graduation Party? Free Food and Drinks While Earning Money! There will only be one meeting

Friday, May 5, at 6:30 p.m. to 1:00 a.m. Please contact Bridget Kaufman in the Law Library Offices to sign up.

B710 AND FEDERAL COURTS CLINIC: MEETINGS
Students who are doing a B 710 project with Dean Robel or who do not yet have supervising faculty members for their B 710 should plan on meeting in the Moot Court Room from 12-12:30 p.m. on Thursday, April 13, to discuss the academic requirements for their project and to complete the permission form.

Students who have received permission to take Federal Courts Clinic this summer should plan on meeting from 12:30-1:00 p.m. in the Moot Court Room on Thursday, April 13, to discuss the requirements for that course and receive their course materials.

EVENTS CALENDAR / ROOM SCHEDULING
To schedule classrooms in the law building, send email to bl-law-events (for Outlook users) or bl-events-law@ exchange.indiana.edu (for non-Outlook users). Please include date and time of event, length of time room will be needed, classroom requested and number of people attending event. Requests should be sent at least one week prior to event and include name of person requesting, organization planning the event and an email address. Confirmations will be sent by reply email.

AUDIO - VIDEO SERVICES
Requests for AV services may be sent to Beth at av@exchange. indiana.edu. Please include the name of your group and the e-mail address of the contact person, a description of what you want to do, and the date, location, starting time and duration of the event. Requests must be made at least 48 hours in advance and will be confirmed by email.

CALENDAR

Tuesday, April 11, Job Search Process for 1Ls, Moot Court Room, 12:15 p.m.

Tuesday, April 11, SELS presents John Simson, Room 122, 4:05 p.m.

Tuesday, April 11, Napster Forum, IMU Whittenberger Auditorium, 7:00 p.m.

Wednesday, April 12, Lecture by Professor Sir David Williams, Moot Court Room, Noon.

Wednesday, April 12, Drunk & Disorderly, Moot Court Room, 7:00 p.m.

Thursday, April 13, B710 Project with Dean Robel, Moot Court Room, 12:00 p.m.

Thursday, April 13, Federal Courts Clinic, Moot Court Room, 12:30 p.m.

ILA: To be included on the email distribution list, please send your address to ila@indiana.edu. Paper copies are available upon request or in the student area of the law school. Information is also posted at www.law.indiana.edu/pubs/ila/index.html

Submissions: Information and articles for the ILA should be submitted by Thursday at 10 a.m. for inclusion in Monday's edition. Please email all submissions to ila@indiana.edu.

Letters to the Editor: Letters should be submitted Wednesday at 5 p.m. for possible inclusion in Monday's issue.

Updated: 7 April 2000