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Indiana Law Annotated

Vol. 27 No. 11 (November 15, 2004)

Table of Contents

HIGHLIGHTS FOR THE WEEK OF NOVEMBER 15

Civil rights legend Judge Robert L. Carter will present "The Origin of Brown" at 4 p.m. on Tuesday, Nov. 16, in the Moot Court Room. Carter, who was an assistant to Thurgood Marshall, will discuss how Brown v. Board of Education of Topeka was conceived, developed, and argued. After assisting Marshall in the landmark case, Carter was a lawyer for the NAACP for 24 years. During that time, he argued 22 cases before the U.S. Supreme Court, 21 of which he won.

The Court of Appeals of Indiana will hear an oral argument for an appeal involving Indiana's wrongful death statute at noon on Thursday, Nov. 18, in the Moot Court Room. The panel will include Judge Paul D. Mathias (JD'79), Judge Edward W. Najam Jr., and Judge Patrick D. Sullivan. All are invited to attend. For the case synopsis and judge bios, visit http://www.law.indiana.edu/front/special/20041118_indianaappeals.shtml.

Friday, Nov. 19, marks the 31st anniversary of the Supreme Court decision in Hess v. Indiana, a 1973 First Amendment case concerning an incitement to illegal action during a war protest on the IU Bloomington campus. The Law School will host a panel discussion on Hess v. Indiana from 3 p.m to 5 p.m. on Friday, Nov. 19, in the Moot Court Room. Panelists include Gregory Hess; Professors Tom Schornhorst and Pat Baude, who represented Hess; and other key jurists from the case.

MONDAY, NOVEMBER 15

OutLaw to Host Jody Marksamer of National Center for Lesbian Rights

OutLaw will host a presentation by Jody Marksamer, the 2003 Equal Justice Works Fellow for the National Center for Lesbian Rights in San Francisco, at noon in room 122. Food will be provided.

Information Session for New York Bar Exam

There will be an information session for all students interested in taking the July session of the New York Bar exam at 5:30 p.m. in room 121. LLM, MCL, SJD, and JD students interested in taking the New York Bar are encouraged to attend. If you cannot attend but are interested in taking the New York Bar, please e-mail Lesley Davis at leedavis@indiana.edu. If there are enough interested students, we will try to arrange for a New York BAR/BRI course at the law school this summer.

TUESDAY, NOVEMBER 16

Judge Carter to Discuss Experiences with Litigating Brown v. Board

Civil rights legend Judge Robert L. Carter will present "The Origin of Brown" at 4 p.m. in the Moot Court Room. Carter, who was an assistant to Thurgood Marshall, will discuss how Brown v. Board of Education of Topeka was conceived, developed, and argued. After assisting Marshall in the landmark case, Carter was a lawyer for the NAACP for 24 years. During that time, he argued 22 cases before the U.S. Supreme Court, 21 of which he won. In 1972, Carter became a judge for the U.S. District Court for the Southern District of New York. In 1998, he assumed senior status in that role. Carter has held adjunct faculty positions at the University of Michigan, New York University, and Yale University, and he was the Regents Lecturer at UCLA. In 2004, Carter was awarded the Springarn Medal, the NAACP's highest honor for distinguished merit and achievement among African Americans. This lecture is free and open to the public and is sponsored by the IU Institute for Advanced Study. For more information, please contact the institute at 855-3658.

PILF Holiday Service Project: Help Raise Money for The Rise

The Public Interest Law Foundation (PILF) is raising money to buy a stroller for The Rise Childcare Program. PILF's Public Service Committee will set up a table today (and every Tuesday until winter break) during lunch in the lobby. The Rise Childcare Program provides free childcare to families who have been victims of domestic violence and are residents of The Rise and Middle Way House. The Rise is Middle Way House's two-year transitional housing facility that provides shelter and services for women and their dependent children. The childcare program, which serves children between the ages of two months and 10 years, relies on monetary donations for most supplies. Please come by the PILF table to donate whatever you can. PILF will also be accepting donations for the following items (new or used items are accepted): toys without batteries for children between the ages of 10 months and two years; clothes for children under four years; and seasonal items, such as mittens, hats, and scarves.

ELS Happy Hour

The Environmental Law Society (ELS) will gather for happy hour at 6 p.m. at the Upland Brewery. All students are welcome to join us. E-mail jamrock@indiana.edu for more information.

THURSDAY, NOVEMBER 18

Court of Appeals to Hear Oral Argument on Case Concerning Indiana Wrongful Death Statute

The Court of Appeals of Indiana will hear an oral argument for an appeal involving Indiana's wrongful death statute at noon on Thursday, Nov. 18, in the Moot Court Room. The panel will include Judge Paul D. Mathias (JD'79), Judge Edward W. Najam Jr., and Judge Patrick D. Sullivan. All are invited to attend. For the case synopsis and judge bios, visit http://www.law.indiana.edu/front/special/20041118_indianaappeals.shtml.

ILS Final Meeting for the Semester

The International Law Society (ILS) will hold its final monthly meeting of the semester at noon in room 122. Aside from routine business, professors will be present to discuss careers in international law and to answer students' questions. Pizza will be provided for dues-paying members.

Law Journals to Host 80s Retro Skate Night

The Indiana Law Journal, the Federal Communications Law Journal, and the Indiana Journal of Global Legal Studies are hosting our first annual 80s Retro Skate Night from 8 p.m. to 11 p.m. at Western Skateland (930 W 17th Street). Please join us as we roller skate to great 80s hits with bright clothing and big hair. Dressing up is highly encouraged, as there will be games and prizes! Tickets are $5 and will be sold this week in the lobby.

FRIDAY, NOVEMBER 19

Key Players in Hess v. Indiana to Hold Panel Discussion on Supreme Court Case

Friday, Nov. 19, marks the 31st anniversary of the Supreme Court decision in Hess v. Indiana, a 1973 First Amendment case concerning an incitement to illegal action during a war protest on the IU Bloomington campus. The Law School will host a panel discussion on Hess v. Indiana from 3 p.m to 5 p.m. in the Moot Court Room. Panelists include Gregory Hess; Professors Tom Schornhorst and Pat Baude, who represented Hess; Hess prosecutors Judge Randy Bridges and Tom Berry; and Hess City Court judge Dave McCrea. This event is free and open to the public. The panel discussion will be followed by a reception in the Faculty Lounge.

Hess v. Indiana arose out of a May, 1970 anti-war protest in front of Bryan Hall. Gregory Hess was arrested for disorderly conduct when he made a statement exhorting the crowd to violate the law. Convicted in Bloomington City and Superior Courts, Hess appealed to the Indiana Supreme Court, which affirmed the trial court ruling, and ultimately to the U.S. Supreme Court, which reversed, holding that the Indiana disorderly statute violated the First Amendment as applied to Hess. The Hess case arose at a time when campuses across the country were inflamed by anti-war protests and is therefore emblematic of the political climate that prevailed during the Vietnam War. The panel discussion will focus on the historical context, as well as the history and legal significance, of the case. In addition to the panel discussion, there will be a display on Hess v. Indiana in the Law School lobby. Please come in advance, and enjoy viewing historical documentation and photographs from the University Archives and the archives of the Herald-Times. For additional Information, contact Ralph Gaebler (gaebler@indiana.edu) or Richard Vaughan (rvaughan@indiana.edu) of the IU Law Library (855-9666).

NEWS FROM THE FACULTY

In his new book from NYU Press, The Democracy Deficit: Taming Globalization through Law Reform, Professor Fred Aman argues that the future of democracy in this century depends on citizens' ability to tame globalization through domestic politics and law reform.

On Nov. 11, Professor Ajay Mehrotra participated in a discussion on "The Politics of Tax Reform" on Chicago Public Radio (WBEZ). To listen to the session, visit the WBEZ Web site (www.chicagopublicradio.org/), and select the "Odyssey" program list.

ANNOUNCEMENTS

Professor Collins Looking for Spring Semester Research Assistant(s)

Professor Kevin Collins will be hiring one or more research assistants for the spring semester. A patent course is a requirement. Interested students should e-mail a short note expressing interest, along with a resume and a transcript, to kevcolli@indiana.edu by Friday, Nov. 19.

Professor Ochoa Looking for Research Assistant(s)

Professor Christiana Ochoa needs one or two research assistants to help with an article on the treatment of international human rights law in U.S. courts. Experience or course work in international law, corporate law, and cultural studies or anthropology would be ideal. Please send an electronic resume to cochoa@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/.