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Indiana Law Annotated

Vol. 27 No. 8 (October 25, 2004)

Table of Contents

HIGHLIGHTS FOR THE WEEK OF OCTOBER 25

The School of Law is delighted to welcome Daniel Harris, JD'84, as a practitioner in residence on Monday, Oct. 25, and Tuesday, Oct. 26. Harris is a founding partner of Harris & Moure, Seattle, where he practices international and domestic litigation. Harris will be meeting with Dean Len Fromm's Negotiations class on Monday evening. On Tuesday, Harris will present a lecture, "Experiences in International Law," at 12:15 p.m. in room 125. He will be available to meet with students before and after his talk on Tuesday in the Dean's Suite (room 240).

A. James Barnes, professor of public and environmental affairs and adjunct professor of law, and Evan Rinquist, professor of public and environmental affairs, will present "Bush vs. Kerry: Deciding the Future of Environmental Policy" from noon to 1 p.m. on Tuesday, Oct. 26, in the Moot Court Room.

The Law School is also pleased to welcome Zaldwaynaka "Z" Scott, JD'83, who will be our practitioner in residence on Thursday, Oct. 28. Last year, Illinois Gov. Rod R. Blagojevich appointed Scott as the first inspector general for the Office of the Governor. Scott will give a lecture entitled "What Does an Inspector General Do?" at noon on Thursday, Oct. 28, in room 124. She will be available for individual student consultation from 2:15 p.m. to 4:15 p.m. on Thursday in the Dean's Suite (room 240).

Michael Uslan, JD'76, will be at the Law School on Saturday morning, Oct. 30. Uslan, who has been an executive producer of Batman and other films through his role as president of Batfilm Productions, will meet with students from 10 a.m. to 11:30 a.m. over coffee and a continental breakfast in the Faculty Lounge. Students who are interested in attending must sign up in Dean Fromm's office (room 024).

TUESDAY, OCTOBER 26

Alumnus Harris to Present "Experiences in International Law"

Daniel Harris, a founding partner of Harris & Moure, Seattle, and a 1984 graduate of the Law School, will present "Experiences in International Law" at 12:15 p.m. in room 125. After earning his JD magna cum laude, Harris began practicing as a litigator with Kirkland & Ellis in Chicago. In 1987, he moved to Seattle, where he became a partner at LeSourd & Patten. Harris formed the Seattle firm of Harris, Sugayan & Hull in 1994 and then formed Harris & Moure in 2003. He focuses his practice in international law, international and domestic litigation, and international and domestic maritime law.

Barnes and Rinquist to Compare Candidates' Environmental Policies

A. James Barnes, professor of public and environmental affairs and adjunct professor of law, and Evan Rinquist, professor of public and environmental affairs, will present " Bush vs. Kerry: Deciding the Future of Environmental Policy" from noon to 1 p.m. on Tuesday, Oct. 26, in the Moot Court Room. Several local political candidates are expected to be in attendance. This event is sponsored by the Environmental Law Society.

Lederman to Discuss Corporate Conduct During Hostile Takeover

The Business and Law Society is hosting a talk at noon in room 122 by Lawrence Lederman, senior partner and chair of international corporate practice at the New York office of Milbank, Tweed, Hadley & McCloy. Lederman will discuss the Delaware court's review of corporate director conduct during a hostile takeover. He will also entertain questions about the practice of corporate law. Lunch will be provided. A leading merger and acquisition lawyer, Lederman has helped shape many of the major corporate legal developments that have occurred over the past 20 years. He is the author of Tombstones: A Lawyer's Tales from the Takeover Decades and has been an adjunct professor of law at the New York University School of Law since 1974.

Professor Tanford to Present First Practice Argument for Supreme Court Case

In preparation for his appearance before the U.S. Supreme Court in Granholm v. Heald, 03-1116 and 03-1120, Professor Alex Tanford will present the first of two practice arguments at 3:30 p.m. in the Moot Court Room. Interested students are invited to attend. A bench memo outlining the case can be downloaded from http://www.law.indiana.edu/webinit/tanford/benchmemo.html.

Reception and Informal Discussion with Patten Lecturer Claude Steele

The Law School is hosting a reception at 4 p.m. in the Faculty Lounge for Claude M. Steele, the Lucie Stern Professor in the Social Sciences at Stanford University and the Indiana University Patten Lecturer. All students, faculty, and staff are invited to attend. Steele, who pioneered the idea of stereotype threat as an explanation of racial differences in educational testing and other activities, will also be giving two formal lectures at Rawles Hall this week. Visit http://www.indiana.edu/~deanfac/patten/steele_patten.html for Steele's lecture titles and times and for more information about his work.

WEDNESDAY, OCTOBER 27

Art Museum Reception for First-Year Students

Milt Stewart (JD'71) and Judi Stewart will join our faculty members in hosting a reception for first-year students from 5 p.m. to 7 p.m. at the IU Art Museum. The museum is featuring an exciting exhibit, "Pressure Points," and docents will provide tours to Law School students and faculty. Please join us for a terrific time.

THURSDAY, OCTOBER 28

Illinois Inspector General "Z" Scott to Give Presentation about Her Role

Zaldwaynaka "Z" Scott, JD'83, the first inspector general of Illinois, will give a lecture entitled "What Does an Inspector General Do?" at noon on Thursday, Oct. 28, in room 124. Before becoming inspector general of Illinois, Scott served as chief of the General Crimes Section in the U.S. Attorney's Office in the Northern District of Illinois, where she worked for 16 years as an assistant U.S. attorney and a supervisor in the Criminal Division of that office. Before joining the U.S. Attorney's Office, Scott was assistant corporation counsel in the Office of the Corporation Counsel for the City of Chicago.

Professor Tanford to Present Second Practice Argument for Supreme Court Case

In preparation for his appearance before the U.S. Supreme Court in Granholm v. Heald, 03-1116 and 03-1120, Professor Alex Tanford will present the second of two practice arguments at 1 p.m. in the Moot Court Room. Interested students are invited to attend. A bench memo outlining the case can be downloaded from http://www.law.indiana.edu/webinit/tanford/benchmemo.html.

Annual Children's Trick-or-Treating and Halloween Party

Adjust your wig, and get your candy ready! The Law School will be welcoming little ghosts and goblins again this year for our annual Halloween party. Trick-or-treating at Law School offices will begin at 4 p.m., and the parade will follow in the Law Library at 4:45 p.m. A post- parade party and games will be held in the Student Lounge. Children are encouraged to come in costumes, as are all members of the Law School community (pets included). For more information, contact Professor Michael Jenuwine at mjenuwin@indiana.edu.

SATURDAY, OCTOBER 30

Breakfast with Batman Producer Michael Uslan

Michael Uslan, JD'76, who has been an executive producer of Batman and other films through his role as president of Batfilm Productions, will meet with students from 10 a.m. to 11:30 a.m. over coffee and a continental breakfast in the Faculty Lounge. Students who are interested in attending must sign up in Dean Len Fromm's office (room 024).

SLA Halloween Party: Don't Forget to Buy Your Tickets

The Student Law Association (SLA) will host a Halloween party from 9 p.m. to midnight at the Haunted Deer Park Manor. Tickets are $12 per person and can be purchased at the SLA table in the lobby during lunch each day this week. Prizes will be awarded for the best costumes. Transportation will be provided to Kirkwood after the party. Students can save money by buying joint tickets to the SLA Halloween Party and the BLSA Gong Show. Attend both events for the low price of $17! The BLSA Gong Show will be held from 5:30 p.m. to 9 p.m. at Axis Nightclub on Friday, Nov. 12.

UPCOMING EVENTS

Environmental Law Society Meeting on Nov. 1

The Environmental Law Society (ELS) will hold a meeting at noon on Monday, Nov.1 (room TBA).

Yale's Alan Schwartz to Give Harris Lecture on Nov. 4

Alan Schwartz, Sterling Professor of Law at Yale Law School, will present this year's Harris Lecture at noon on Thursday, Nov. 4, in the Moot Court Room. A reception for Schwartz will follow in the Faculty Lounge. Schwartz is an expert in corporate finance, commercial law, consumer protection, law and economics, and bankruptcy. His recent articles examine bankruptcy workouts and debt contracts and the limits of contract law. Schwartz began his career as an associate attorney with the firm of Rosenman Colin Kaye Petschek Freund & Emil in New York. Before joining the law faculty at Yale in 1987, Schwartz taught law at the California Institute of Technology and the University of Southern California Law Center. He was also a member of our law faculty from 1969-76. He is the co-author of Commercial Law: Principles and Policies (1982), Fundamentals of Contract Law (1994), and Payment Systems and Credit Instruments (1996). Established in 1946 by a trust from the bequest of India Crago Harris in the name of her husband, Addison C. Harris, the Harris Lecture Series brings prominent scholars to the Law School every year. Past Harris lecturers have included Barbara Babcock, Derrick Bell, Robert Bork, Guido Calabresi, Jules Coleman, Owen Fiss, Frank Michelman, and Lawrence Tribe.

Study Abroad Informational Meeting on Nov. 5

Deans Len Fromm and Lesley Davis will discuss summer school opportunities abroad, our exchange programs during the academic year, and our spring London program at noon on Friday, Nov. 5, in the Moot Court Room. This will be an informational meeting only. No applications will be taken for individual programs. The application priority dates will be provided at a later point. Most of those dates will be in January and February.

NEWS FROM THE FACULTY

Professor Fred Cate was a panelist at the "Forum on First Amendment Rights," which was held at Ohio University on Oct. 21. The forum encouraged discussion of the definitions, boundaries, conflicts, and contexts of free speech, First Amendment rights, academic freedom, and censorship on campus.

Professor Ken Dau-Schmidt received a $163,000 grant from the Law School Admissions Council to undertake a two-year study of gender and the legal profession. He will conduct this study with Professors Marc Galanter and Paul Voss of the University of Wisconsin and Professor Kathleen Hull of the University of Minnesota. Dau-Schmidt presented an essay he wrote with Carmen Brun entitled "Lost in Translation: The Economic Analysis of Law in the United States and Europe" at the fourth annual meeting of the Midwestern Law and Economics Association. The meeting was held at the University of Iowa College of Law on Oct. 8-9. Dau-Schmidt and Professor Jeff Stake are two of the three founders of this organization.

Professor Sarah Jane Hughes presented a paper on Check 21, the Check Clearing for the 21st Century Act, and its relation to state law at the American Bar Association's Annual Meeting on August 9. Hughes also attended a presentation on good faith and the UCC, in which former Law School Professor David Synder was a panelist.

Professor Dawn Johnsen spoke at two conferences covering presidential power and the war on terrorism. On Sept. 17, Johnsen participated in the panel on "The Role of Lawyers in the War on Terrorism" at Duke Law School's conference on "Interrogation, Detention, and the Powers of the Executive." On Oct. 22-23, she participated in the panel "Does a Different Kind of War Demand a Different Constitutional Understanding?" at the University of Chicago Law School/American Constitution Society conference on "Terrorism and the Rule of Law."

ANNOUNCEMENTS

Attention 3Ls: Judicial Clerkships Still Available

Third-year law students who are still looking for employment are strongly encouraged to apply for judicial clerkships. There are currently four judicial clerkships listed on the Career Services Office job page (http://www.law.indiana.edu/careers/job_listings/local_listings/job_list.asp), including one at the High Court of American Samoa. Typically, a cover letter and a resume is all that is needed to apply. A judicial clerk researches real issues and acts as the "right arm" of the judge. A clerk is exposed to judicial proceedings, performing legal research, preparing bench memoranda, and drafting orders and opinions. Clerking for a judge opens many doors in the legal community. Law firms strongly favor, and aggressively recruit, lawyers with clerking experience. Many firms will give lawyers who have completed a clerkship before entering a firm one to two years of credit toward the requirement to make partner. Law schools also strongly favor faculty candidates who have held judicial clerkships.

LLSA Domestic Violence Awareness Drive: Please Donate Used Cell Phones and Toys

The Latino Law Student Association (LLSA) is observing Domestic Violence Awareness month throughout this week. The LLSA will be collecting used cell phones and toys to donate to Middle Way House, Bloomington's domestic violence shelter.

Professor Hughes Looking for Research Assistants

Professor Sarah Jane Hughes needs one or two research assistants to help with a book on payments systems, an article on Check 21 (also payments-related), and a project on information privacy (mostly on profiling of private individuals). For the payments book and Check 21 article, a background in economics would be helpful. For the privacy project, Criminal Process I would be helpful. Please send an electronic resume to sjhughes@indiana.edu.

"Tortfeasors" Gooden Wins Jill Behrman Run

Congratulations to 1L Nathan Gooden, who won the Jill Behrman Run for the End Zone on Oct. 9. Gooden competed for the "Tortfeasors" Law School team and outran more than 1,000 competitors to take the top honor.

Thanks to all who participated in this wonderful event!

Lee Pockets PGA Billiards Championship

1L Suzy Lee defeated 3L Jason Rodocker to win the first PGA Billiards Championship at Que on the square on Oct. 14. 1L John Johnson and 1L Chris Farris were semifinalists. Five different PGA groups were represented in the 16-person field as several 1L spectators looked on or played games for fun at surrounding tables. Stay tuned for one more PGA challenge coming up in November!

Library Training Offered for Faculty Research Assistants

The Law Library is currently offering research training sessions for faculty research assistants. The purpose of these sessions is to refresh legal research skills that might have become rusty since the first-year Legal Research and Writing class. In addition, each session can be modified to cover more advanced research skills and subject-specific resources that were not covered in that class. The goal is to make it easier for each R.A. to effectively find the information that his or her professor needs. These sessions are available to anyone who works as an R.A. for a Law School faculty member. R.A.s can sign themselves up, or their professors can sign them up. If you have any questions or would like to sign up, please contact Liz Goldberg, reference librarian, by e-mail (ellarson@indiana.edu) or phone (855-1886). Ms. Goldberg would appreciate at least a few days' advance notice. Also, please tell her ahead of time if you would like her to include specific resources or subject areas in the training session.

Bailiffs Needed

The 2004-05 Sherman Minton Moot Court Competition needs bailiffs to assist in running the preliminary competitions this fall. Competitions will take place in the evenings from Oct. 11 through Nov. 5 (excluding fall break), and each match will take approximately two hours. Matches begin at 6 p.m. and 8 p.m. Observing the matches is a great way to meet local practitioners, learn important oral advocacy skills, and witness excellent advocates at work. Please note: Participants in this year's match cannot serve as bailiffs. Please sign up on the sheets posted next to the Moot Court Office on the ground floor of the Law School. Your help is greatly appreciated!

Constructive Conflict Resolution Workshop

The Community Justice and Mediation Center (CJAM) will offer a workshop, "Constructive Conflict Resolution," from 9 a.m. to 4:40 p.m. on Saturday, Nov. 13, at the Law School. Professor Edwin Greenebaum will lead the workshop, which will explore approaches to conflict resolution and provide experiential learning opportunities for enhancing ones repertoire. Participants will achieve a deeper level of insight into sources of conflict in addition to learning the various approaches to conflict resolution. The cost is $100. (CJAM center volunteers and contributors are eligible for the reduced rate of $25.) For application forms and for more information, contact Lisa-Marie Napoli at 855-1618 or cjam@bloomington.in.us.

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.

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/.