Volume 1, No. 7

Indiana Law Update

July 2003


Greetings from the School of Law!

Dear Friend:

One of my greatest pleasures this year has been visiting with alumni around the state and the country. This month, I'd like to invite you to several upcoming events. And as I plan the next year, I hope you will check our alumni Web site for receptions, events, and information about your classmates.

If you plan to attend the ABA Meeting in San Francisco, I hope you will join me, Dean Leonard Fromm, and Professor David Snyder on Friday, August 8, from 5 p.m. to 7 p.m., at the Andrew Smith Hallidie Suite, Room 3249, San Francisco Marriott, 55 Fourth Street, San Francisco. I look forward to bringing you up to date on events at the Law School this year. Professor Snyder joined our faculty last fall, and teaches in the areas of commercial law, contracts, and bankruptcy.

Professor Roger Dworkin, Professor Joseph Hoffmann, and I hope to see all of our alumni in Seattle on Tuesday, August 12, from 5 p.m. to 7 p.m., for a reception hosted by Bullivant Houser Bailey, at 2300 Westlake Office Tower, 1601 Fifth Avenue, Seattle. We look forward to seeing you.

You can r.s.v.p. for either event by e-mail to Catherine Stafford (catstaff@indiana.edu), our alumni relations director.

And of course, I hope all of you return to Bloomington for Alumni Weekend 2003 on September 19 and 20. We're featuring reunions, the IU v. Kentucky football game and tailgate party in the big tent across from the stadium at the DeVault Alumni Center, a golf outing with Dean Fromm, a mixer with students, and the Academy of Law Alumni Fellows induction ceremony. We hope all of you will join us. If you are a member of the class of 1953, 1978, or 1993, you'll be celebrating a milestone reunion this year, and we hope you'll make a special effort to attend this year's Alumni Weekend. Reunion information is being mailed out to those classes this week. Thanks so much to members of the reunion classes who have helped plan these events: Fred and Becky Gregory (Class of '53); Bonnie Gibson, Marc Kellams, Joe O'Connor, Jeff Riffer, and Ted Waggoner (Class of '78); and Julie Conrad, Mark Drewes, Dan Hackman, Clay Miller, Sarah Riordan, and Dirck Stahl (Class of '93).

I hope very much to see you during the coming year. And if you are in Bloomington, please visit us all at the Law School.

Best Wishes,
Lauren Robel, JD'83

Detailed information and registration materials for Alumni Weekend 2003 will be mailed in mid-July. If you have questions, suggestions, or comments about Alumni Weekend, please contact the director of alumni relations, Catherine Stafford, at catstaff@indiana.edu or (812) 855-3015. Check our Web site for up-to-date information on Alumni Weekend.

Conkle publishes book on religion clauses

The Religion Clauses by Daniel Conkle Professor Daniel Conkle's new book, The Religion Clauses, has been published by Foundation Press as part of its Turning Point Series, a series designed to explain and contextualize complex legal doctrines. The book analyzes the religion clauses of the First Amendment, providing a theoretical and conceptual framework for understanding and evaluating the Supreme Court's constitutional doctrine. Conkle examines the ways in which the court has been influenced by a variety of embedded and evolving constitutional values, including religious equality, religious voluntarism, respect for religious identity, promotion of a religiously inclusive political community, protection of religion from government, and preservation of traditional governmental practices.

Williams works with Burmese constitution group

Professor David C. Williams Professor David Williams is working with Burmese opposition groups to help them develop state constitutions and a federal constitution for the Union of Burma. In 1990, the military government allowed one free and fair election. When the government won only 15 percent of the vote, it declared the election invalid. Most of the members of Parliament elected in this contest then fled the country and formed the National Coalition Government of the Union of Burma. With support from the United Nations, the NCGUB and various ethnic opposition groups have begun to write proposed constitutions for the various states of Burma. On June 7, Williams met with the leaders of the Chins to help them develop a constitution for Chin State. The U.N. will publish that constitution and circulate it to the other opposition leaders as a model constitution for the other states of Burma. In the fall, Williams will meet with the other opposition leaders in Thailand to help them develop state constitutions tailored to their own histories, cultures, and circumstances. Once the state constitutions are roughly complete, the meeting will seek to develop guidelines for a Federal Union constitution, based on the state constitutions. Williams will then return to Bloomington to work on drafting a democratic and federalist constitution on which the various opposition groups can agree. It is hoped that if opportunity for reform in Burma should occur, the opposition groups might then have a common plan and platform for change.

Cate to serve with federal defense committee

Professor Fred Cate will serve as counsel to the federal Technology and Privacy Advisory Committee, created by U.S. Secretary of Defense Donald Rumsfeld in response to congressional concern about the Defense Department's Total Information Awareness (TIA) program. The committee is charged with crafting recommendations for legislation and policies to govern not only the TIA, but also other government anti-terrorist data-profiling programs, such as those being used to screen airline passengers. Members of the committee include Newton N. Minow (chair), former FCC chairman; Floyd Abrams, New York media and civil rights attorney; Zoe E. Baird, head of the Markle Foundation; Griffin Bell, former attorney general and judge; Gerhard Casper, former dean of the University of Chicago Law School and president emeritus of Stanford University; William T. Coleman Jr., former secretary of transportation; Lloyd N. Cutler, former White House counsel; and John O. Marsh, former member of Congress and secretary of the army and now a distinguished professor at George Mason University.

Hughes advises national commissioners, Treasury, Congress

Professor Sarah Jane Hughes's expertise in negotiable instruments and banking law has been tapped by the National Conference of Commissioners on State Laws and the federal government as both consider the impact of current events and modern technology on banking. As reporter for the National Conference committee on check clearing, Hughes worked this year with representatives of the Federal Reserve Board and Federal Reserve banks, as well as the key staff members of the Senate and House Banking and Financial Services, particularly in regard to the pending Check Clearing for the 21st Century Act. This bill would create a new category of negotiable instruments called "substitute checks" that would function as the full equivalent of the traditional paper check, and would require rethinking existing Articles 3 and 4 of the Uniform Commercial Code. Hughes has also worked with senior staff of the Department of Treasury on three key provisions of Title III of the U.S.A. Patriot Act that relate to deterrence of money laundering, and particularly of terrorist financing through financial institutions in the United States.

Carter named VP of national organization; other alumni honored

Indiana Attorney General Steve Carter, JD'83, has been elected vice president of the National Association of Attorneys General (NAAG) during the group's summer meeting in Oklahoma City, Oklahoma.

"NAAG plays an important role in bringing attorneys general from across the country together on many different issues," Carter said. "I am honored to have the opportunity to have a leadership position in the organization and look forward to enhancing NAAG's role among my peers."

The role of NAAG has risen considerably since 1998 when it brought the states' legal counsels together in reaching the Tobacco Master Settlement Agreement. Since that time, attorneys general from across the country have become increasingly involved in legal proceedings coordinated by the organization for a more unified approach to issues of national interest. Carter previously served as the chairman of the Midwest Region for the organization. Carter was elected to the Indiana Attorney General's Office in 2000, and his term began January 8, 2001.

NAAG also presented Indiana with a 2002 Term Best Brief Award. Deputy Attorneys General Tom Fisher, JD'94, and Ellen Meilaender, JD'00, received recognition for writing the state's winning brief-in-opposition for the case A Woman's Choice-East Side Women's Clinic v. Brizzi, filed with the U.S. Supreme Court last January.

Short Notes

Sacramento, Calif., was named the University Alumni Club of the Year at the Alumni Association Awards Banquet on June 13. Don Dorfman, JD(Sp)'57, club president, received the award on behalf of the club.

The Fellows of the Indiana Bar Foundation presented the 2003 50-Year Award to Bloomingtonian Ed Applegate, JD(Sp)'48. During a legal career of 53 years, he was honored for exhibiting outstanding devotion to the highest principles of the legal profession and for service to his community.

More class notes

Fund for Excellence surpasses goal

While the final total is not yet in, it is clear that our alumni have made this year's annual giving campaign one of the most successful in the Law School's history! With a goal of $600,000, the Fund for Excellence campaign is now at $626,329, which with the addition of matching gifts will reach $637,467. This terrific result was made possible by the generous gifts of our alumni, faculty, staff, and students. Thirty-eight corporations and foundations and 1,898 individuals have contributed to the fund this year. The entire Law School community sends special thanks to our law firm solicitors and class agents, who have worked so hard to make this year a success. We are deeply grateful for your dedication to the School of Law.

Faculty Publications

John Applegate, "The Taming of the Precautionary Principle," 27 Wm. & Mary Env. L. & Pol. Rev. 13 (2003).

Joseph Hoffmann, "Revenge or Mercy? Some Thoughts About Survivor Opinion Evidence in Death Penalty Cases," 88 Cornell L. Rev. 530 (2003).

Christiana Ochoa, "Advancing the Language of Human Rights in a Global Economic Order: An Analysis of a Discourse," 23 Boston College Third World L. J. 57 (2003). Professor Ochoa joins our faculty this summer. She will be teaching Contracts, Corporate Finance, and Human Rights.

Jeffrey Stake, "Making the Grade: Some Principles of Comparative Grading," 52 J. of Leg. Ed. 583 (2003).

Alex Tanford's article, "Keeping Cross-Examination Under Control," 18 Am. J. Trial Advoc. 245 (1994), has been named the best article on cross-examination in the special 25th anniversary issue of that journal.


©2003 Trustees Indiana Unversity