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Indiana Law Annotated

Vol. 27 No. 4 (September 20, 2004)

Table of Contents

HIGHLIGHTS FOR THE WEEK OF SEPTEMBER 20

The American Constitution Society and the Federalist Society will be co-hosting a debate entitled "Judicial Appointments: What's at Stake This Election" at noon on Monday, Sept. 20, in the Moot Court Room. Lunch will be provided. Speakers include Professor Bill Marshall from the UNC - Chapel Hill School of Law and Professor A.J. Bellia from the University of Notre Dame Law School.

Justice Michael Kirby of the Australian High Court will present "Terrorism: Global Response of the Courts" at 7 p.m. on Tuesday, Sept. 21, in the Moot Court Room. Kirby, the Branigin Lecturer for the IU Institute for Advanced Study, will review the response of courts from around the world to legislation designed to respond to threats from terrorism.

The Career Services Office is bringing in several distinguished Indiana Law alumni to meet with students one-on-one and in small groups for the fourth annual Career Symposium, which will be held from 4 p.m. to 6:30 p.m. on Thursday, Sept. 23, in the lobby. All law students are cordially invited, and strongly encouraged, to attend.

Rassie Malherbe, professor of public law at Rand Afrikaans University (RAU), will host a conversation with students and faculty entitled "Peaceful Constitutional Change in South Africa" at 4:30 p.m. on Thursday, Sept. 23, in the Student Lounge. Malherbe will present a general overview of the constitutional transformation that happened in South Africa from 1990 to 1996.

MONDAY, SEPTEMBER 20

Debate on Judicial Appointments and the Upcoming Election

The American Constitution Society and the Federalist Society will be co-hosting a debate entitled "Judicial Appointments: What's at Stake This Election" at noon in the Moot Court Room. Lunch will be provided. Speakers include Professor Bill Marshall from the UNC - Chapel Hill School of Law and Professor A.J. Bellia from the University of Notre Dame Law School. Marshall served as deputy White House counsel and deputy assistant to the president of the United States during the Clinton Administration, working on issues such as freedom of religion and the separation of powers. He has published extensively on constitutional law topics and is a nationally recognized First Amendment scholar. Marshall is also a leading expert on federal judicial selection matters and on the interrelationship between media, law, and politics. Bellia practiced law as an associate with Miller, Cassidy, Larroca & Lewin in Washington, D.C., litigating First Amendment, death-penalty, contract, and employment cases in state and federal courts. He also clerked for Associate Justice Antonin Scalia of the U.S. Supreme Court, Judge Diarmuid F. O'Scannlain of the U.S. Court of Appeals for the 9th Circuit, and Judge William M. Skretny of the U.S. District Court for the Western District of New York.

Law, Culture, and Society Meeting

The Law, Culture, and Society study group, an informal group of students and faculty interested in social scientific analyses of law, will hold its first meeting of the semester at 5:30 p.m. at the Caf‚ Turquaz. Meetings typically involve 1) a discussion of a particular reading on a law and society topic, practice talks, or presentations of our own research, and 2) food. Participants have historically been anthropology, sociology, and folklore types, but law students and faculty are welcome (though all should come prepared to sign a human subjects form). If you have questions or would like more information, e-mail rlriall@indiana.edu.

TUESDAY, SEPTEMBER 21

Australian Justice Kirby Presents Lecture on Global Response to Terrorism

Justice Michael Kirby of the Australian High Court will present "Terrorism: Global Response of the Courts" at 7 p.m. on Tuesday, Sept. 21, in the Moot Court Room. Kirby, the Branigin Lecturer for the IU Institute for Advanced Study, will review the response of courts from around the world to legislation designed to respond to threats from terrorism. Kirby will describe developments in his own court as well as decisions in the highest courts of the United States, Europe, Great Britain, and Israel. Kirby has served on the High Court of Australia since 1996 and has been a judge since 1975, serving on the Federal Court of Australia and as president of the Courts of Appeal of New South Wales and the Solomon Islands. In the 1990s, he served as special representative of the secretary-general of the United Nations for Human Rights in Cambodia and on many other United Nations bodies. Kirby is currently a member of the International Bioethics Committee of UNESCO, the Ethics Committee of the Human Genome Organisation, and the Global Panel on Human Rights of UNAIDS (the Joint United Nations Programme on HIV/AIDS). This event is sponsored by the IU Institute for Advanced Study, the Indiana Journal of Global Legal Studies, and the International Law Society. For more information, please contact the Institute for Advanced Study at 855-3658.

Register to Vote on Tuesday, Wednesday, and Thursday

The Law Library will be registering voters from 11 a.m. to 2 p.m. on Tuesday, Wednesday, and Thursday in the Law School lobby. Stand up, and be counted!

WEDNESDAY, SEPTEMBER 22

Professors Barnes and Hughes to Host Reception for Law-SPEA Students

Professors Jim Barnes and Sarah Hughes invite all Law School and SPEA students who are enrolled in the joint-degree program, who have an interest in the joint-degree program, or who have an interest in taking extra classes at either school to a reception from 5:30 p.m. to 7 p.m. at their home on 1305 S. Brooks Drive in Bloomington. Refreshments and a light buffet supper will be served. The reception will give students an opportunity to meet other students in the joint-degree program as well as faculty members from both schools who are involved with the program. If you plan to attend, please R.S.V.P. by Tuesday, Sept. 21, to barnesaj@indiana.edu or 856-2188, so that an appropriate amount of food will be available. Professors Barnes and Hughes are happy to provide directions. There is some room for parking on the property, but it would be helpful to carpool so that there will be enough spaces for all.

THURSDAY, SEPTEMBER 23

Career Services Presents Fourth Annual Career Symposium

The Career Services Office is bringing in several distinguished Indiana Law alumni to meet with students one-on-one and in small groups for the fourth annual Career Symposium, which will be held from 4 p.m. to 6:30 p.m. in the lobby. All law students are cordially invited, and strongly encouraged, to attend. Food and beverages will be provided. The Career Symposium presents an excellent opportunity to talk with alumni in an informal setting about all aspects of their work experiences. Alumni will answer students' questions regarding the nature of and expectations for practicing in various environments, from large firms to nonprofit organizations. The following alumni are on the tentative list of participants: Steven Badger, McTurnan & Turner, Indianapolis; Charles Busse, Internal Revenue Service, Bloomington; Patricia Cummings, Middle Way House, Bloomington; Marianne Owen, Stuart & Branigin, Lafayette, Ind.; Philippa Guthrie, IU Foundation; John Keith, IU Foundation; Scott Bearby, NCAA National Staff Office, Indianapolis; Mary Ellen Diekhoff, Monroe County Prosecutor's Office; Paula Cardoza, Supreme Court Administration, Indianapolis; Susan Jacobs, Indiana State Bar Association; Joseph Whitsett, Ice Miller, Indianapolis; Michele Lofthouse, DeLaney & DeLaney, Indianapolis; Paige Freitag, Indiana Court of Appeals, Indianapolis; Antje Petersen, Biomet Merck, Germany; Susan Macey, Van Winkle Baten & Rimstidt, Indianapolis; Tammy Minger, Minger Law Office, Bloomington; Terry Harrell, Indiana Judges and Lawyers Assistance Program, Indianapolis; David Main, Arvin Foundation, Columbus, Ind.; and Beth Kramer, U.S. Department of Justice.

Professor Malherbe to Speak on Constitutional Transformation in South Africa

Rassie Malherbe, professor of public law at Rand Afrikaans University (RAU), will host a conversation with students and faculty entitled "Peaceful Constitutional Change in South Africa" at 4:30 p.m. in the Student Lounge. Malherbe will present a general overview of the constitutional transformation that happened in South Africa from 1990 to 1996. He will also discuss human rights in South Africa after a decade of democracy, including social and economic rights, the right to education, and freedom of religion. Malherbe earned his BA and LLB from the University of Stellenbosch and his LLD from RAU, where he currently teaches constitutional law, legal interpretation, human rights, and education law. He is the director of the certificate program in legislative drafting and an advocate of the High Court of South Africa. Malherbe will be here as part of IU's legislative drafting project with the University of Pretoria. This event is sponsored by the International Law Society.

APALSA Happy Hour at Q Billiards

The Asian Pacific American Law Student Association (APALSA) will hold a Happy Hour, starting at 7 p.m., at Q Billiards on the downtown square. Come meet your fellow classmates and enjoy a few games of pool. Members and non-members are welcome. For more information, e- mail achung@indiana.edu.

SATURDAY, SEPTEMBER 24

PILF Faculty-Student Softball Tournament and Barbecue

The Public Interest Law Foundation (PILF) is hosting its annual faculty-student co-ed softball tournament at Bryan Park. Come join us for a day of softball, barbecue, and fun! E-mail gmrose@indiana.edu with questions.

UPCOMING EVENTS

Leslie Reagan, associate professor of history and women's studies at the University of Illinois, will present "Monstrous Babies in the News: Thalidomide, Birth Defects, and U.S. Public Policy, 1962" at noon on Monday, Oct. 4, in room 104 of Ballentine Hall. The presentation is sponsored by the Center for the History of Medicine, with support from the Department of History and the Law School. Reagan's current research projects include "Ambiguous Motherhood: The Impact and Investigation of Miscarriage in Twentieth-Century America" (working title, University of California Press, signed contract); "Body Suspect: Gender, Race, and the Examination of the Body"; and "Medicine's Moving Pictures: A History of Health Education and Entertainment through Film." She has a long-standing interest in the intersections between law and medicine as well as breast cancer and public health. He publications include "'About to Meet Her Maker': Women, Doctors, Dying Declarations, and the State's Investigation of Abortion, Chicago, 1867-1940," Journal of American History, 77, 4 (March 1991) 1240-64; "Linking Midwives and Abortion in the Progressive Era," Bulletin of the History of Medicine (Winter 1995); and When Abortion was a Crime: Women, Medicine, and Law in the United States, 1867-1973 (University of California Press, 1997), which won the Outstanding Book of the Year by Choice, the President's Award from the Social Science History Association, and the Law and Society Association's James Willard Hurst Prize for Best Book in Legal History.

NEWS FROM THE FACULTY

On May 27, Professor Jeannine Bell presented a paper, "Burned Crosses, Charred Lives: Cross Burning in Context," at the Law and Society Annual Meeting in Chicago. This summer, she published "O Say, Can You See: Free Expression by the Light of Fiery Crosses" in Volume 39 of the Harvard Civil Rights and Civil Liberties Law Review. The article contextualizes cross-burning both historically and doctrinally and analyzes the Court's decision in VA v. Black.

ANNOUNCEMENTS

Second Annual JD/LLM Socctoberfest: Web Site Up and Kicking

The second annual Socctoberfest, scheduled for Friday, Oct. 8, is quickly approaching. Keep up with the buzz surrounding the game through the Socctoberfest Web site at http://www.law.indiana.edu/community/special/socctoberfest/.

National Environmental Law Moot Court Competition: Applications Due Monday

The Seventeenth Annual National Environmental Law Moot Court Competition will be held on Thursday, Feb. 24, through Saturday, Feb. 26, 2005, at Pace Law School in White Plains, New York. Since 1989, student advocates from across the United States and Canada have participated in the National Environmental Law Moot Court Competition. The competition is a rigorous academic experience, attracting more than 200 competitors from law schools as well as 200 lawyers who serve as judges for three days of oral arguments. Recognized as the preeminent environmental law moot court competition in the United States, the event tests skills in appellate brief writing and oral advocacy involving issues drawn from real cases, providing experience in environmental litigation. Previous legal problems have included illegal dumping of hazardous waste, vicarious criminal liability of corporate officers for their companies' environmental crimes, and commerce clause limits on water pollution regulation. Up to three team members may be chosen to compete. All applications are welcome. Moot court experience and related course work will be considered, but are not required. Upperclass students will be given priority. Please submit a current resume and a statement of interest to Dean Fromm no later than Monday, Sept. 20. Applications will be reviewed by Dean Fromm and a faculty committee, who will determine whether the Law School can send a strong team that will compete well in this national competition. Briefs will be filed in early December, and oral arguments will take place on the Pace campus in February. For more information about the competition, visit http://www.law.pace.edu.

Phi Alpha Delta: Applications Due October 1

The IUB chapter of the world's largest international legal fraternity, Phi Alpha Delta (PAD), is seeking new members! Interested students should turn in their applications to 2L Lora Smith's mailbox on or before Friday, Oct. 1, along with payment and separate chapter dues. Applications can be downloaded from http://www.pad.org. Another information session will most likely be held this week, so look for posters around the Law School for more details. If you have questions, feel free to e-mail John Schwarz, PAD's marshal at jjschwar@indiana.edu.

ABA Sponsors Law Student Tax Challenge

The Tax Section of the American Bar Association is sponsoring the fourth annual Law Student Tax Challenge. The Law Student Tax Challenge is a tax planning competition designed to more closely reflect everyday tax practice than traditional moot court competitions. It requires submission by a two-person team of a 10-page memorandum and four-page client letter addressing a problem available at http://www.abanet.org/tax/lstc/. The written submission is due on Nov. 11. Based on the written work product, six teams will be selected as semi-finalists. Semi-finalist teams will present the written work product to a panel of judges in an oral competition at the Section of Taxation Midyear Meeting in San Diego in January of 2005. Those six teams will receive complimentary airfare and hotel accommodations. There are cash prizes for the top three teams and for the team with the best written submission. For more information, visit the Web site above or contact Professor Leandra Lederman at llederma@indiana.edu.

Attention 2Ls and 3Ls: Research Assistant Needed

Professor Bill Henderson is looking for a second-year or third-year law student to work on research related to plantiffs' law firms. The project will require approximately 20 to 30 hours of research. If you're interested, please send an e-mail with your attached resume to Professor Henderson at wihender@indiana.edu.

Pro Bono Project Offers Hands-on Legal Experience

Would you like to network with attorneys? Do you need more real-world legal experience in order to find a job or to decide what area of law to pursue? Is there a specialty area of law that you would like to pursue, but do not know how? By becoming involved with the Pro Bono Project, students are able to work with local attorneys on a variety of cases and can request a specialty area of interest. If you are interested or if you would like Janet Rumple, Pro Bono Project coordinator, to talk to your student group about this opportunity, please contact Janet (855-9809, jrumple@indiana.edu).

Scheduling Events

All e-mail about reserving classrooms must be sent to BL-LAW-EVENTS. Mail must be sent to the correct address, bl-law-events (for Outlook users) or bl-events-law@exchange.indiana.edu (for non-Outlook users). Please include the 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 before the event and include the name of the person requesting, the organization planning the event, and an e-mail address. Confirmations will be sent by reply e-mail. Thank you!

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 e-mail.

ILA SUBMISSIONS

The Indiana Law Annotated (ILA) is published every Monday while school is in session with news about the coming week. Information and articles for the ILA should be submitted to ila@indiana.edu by Friday at 3 p.m. for inclusion in Monday's edition.

If you have questions about an item appearing in the ILA, please contact Lesa Petersen (e-mail: petersen@indiana.edu; phone: 856-4044). To view past issues, visit www.law.indiana.edu/publications/ila/.