A newsletter for alumni, students, and friends of the IU School of Law—Bloomington • December 2004 (Vol. 3, No. 1)

Law School in the winter

Dear Friend:

Exams are finished, and the Law School is quiet. Students have returned home to their families and to a well-deserved rest. May this holiday season be a time of good cheer for you, and may the New Year bring peace to you, your family, and our world.

All my best,
Lauren Robel, JD'83
Dean and Val Nolan Professor of Law

In this issue:

Wine and Taxes: Faculty Brief Supreme Court Cases

Professor Alex Tanford and Professor Leandra Lederman both submitted briefs in cases argued before the Supreme Court on December 7—Tanford for the respondent in Granholm v. Heald and Lederman as amica curiae in the consolidated cases of Ballard v. Commissioner of the IRS and Estate of Kanter v. Commissioner of the IRS. Tanford has been litigating cases challenging state prohibitions on the direct sale of wine in six circuits. Lederman has been writing about the operation of the Tax Court for years.

For Tanford, the Granholm case, which he won in the Sixth Circuit, is the culmination of a pro bono journey that began with his representation of Russ Bridenbaugh, JD'72, now a well-recognized wine critic, in Indiana and then in the U.S. Court of Appeals for the Seventh Circuit (where Professor Pat Baude argued the case). Tanford argued that the Twenty-First Amendment does not permit states to prohibit small wineries from directly selling wine, over the Internet or otherwise, to consumers and retailers in their states. His Commerce Clause argument has been accepted by three of the four federal circuits that have considered it, and he is hopeful that the Supreme Court will join the majority view.

Lederman was asked to submit an amicus brief in the Ballard/Kanter case on the question of whether the Tax Court can refuse to release the report of the special trial judge who actually presided over the case. Lederman is the co-author of Tax Controversies: Practice and Procedure (2d Ed. 2002) and has served as general editor of Federal Tax Practice (2003). Lederman supported the taxpayers, arguing in favor of disclosure.

While not involved in the wine controversy, Lederman is the Visiting William W. Oliver Professor of Tax Law at the Law School—and we can only presume that Professor Emeritus Bill Oliver, founder of the Oliver Winery in Bloomington, is hoping that Tanford's arguments prevail.

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Key Players in Hess v. Indiana Reconvene 31 Years After Supreme Court Decision

Hess panel discussion November 19 marked 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. On the anniversary of the Supreme Court decision, the Law School reunited the major participants in the case for a lively discussion. Panelists included Gregory Hess, the defendant; Professors Tom Schornhorst and Pat Baude, who represented Hess at the Supreme Court; Hess prosecutor Judge Randy Bridges; and Hess City Court judge Dave McCrea.

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 that prosecutors alleged exhorted 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 focused on the historical context, as well as the history and legal significance, of the case.

Watch the discussion (free Real Player required).

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Fidler Authors Book on SARS

David Fidler Professor David Fidler's book, SARS, Governance and the Globalization of Disease, has recently been published by Palgrave Macmillan. Fidler, regarded as one of the leading authorities on international law and public health, constructs a political pathology of the 2003 SARS outbreak, analyzes government and intergovernmental responses to the outbreak, places these responses in historical context, and assesses the implications of the successful management of the SARS outbreak for handling future pathogenic threats that will arise.

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Julia Lamber Named Associate Dean for Clinical Education

Julia Lamber Professor Julia Lamber, JD'72, has been named associate dean for clinical education. The Law School created this deanship in recognition of the need for additional academic leadership in an area that has seen much recent and planned growth. For several years, the Law School has offered the Community Legal Clinic and the Child Advocacy Clinic. The Mental Health and Disability Law Clinic has recently been added, and the Law School is planning to offer clinics or practicum in family and child mediation, entrepreneurship law, conservation law, and intellectual property. "As we enter a period of expanded clinical opportunities, Dean Lamber will ensure the academic quality of our clinical offerings and will work closely with the clinical faculty to facilitate connections with relevant IU schools that are involved in the development of our clinical curriculum, such as the Kelley School of Business and the IU School for Public and Environmental Affairs," said Dean Lauren Robel.

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Testy, JD'91, Appointed Dean of Seattle University School of Law

Kellye Y. Testy, a 1991 graduate of the Law School, has been chosen to lead the Seattle University School of Law. Testy currently serves as the law school's associate dean for academic administration and as faculty director of the Center on Corporations, Law, and Society.

"In a field of extremely strong applicants, Testy enjoyed an impressive degree of support from faculty, staff, students, and alumni," said Provost Susan L. Secker. "She brings to the law school's leadership the right emphasis upon national academic reputation, responsiveness to the region's legal educational needs, and a commitment to social justice, all of which are consistent with Seattle University's Jesuit and Catholic mission."

At Indiana, Testy was editor-in-chief of the Indiana Law Journal. She also earned a graduate minor in women's studies during her Law School tenure. Testy joined the law faculty at Seattle University in 1992 after a clerkship with Judge Jesse Eschbach, JD'49, at the U.S. Court of Appeals for the Seventh Circuit. She has gained national stature for her scholarship in business and commercial law and has been instrumental in founding several key programs at Seattle, including the Access to Justice Institute, the Seattle Journal for Social Justice, and the Center on Corporations, Law, and Society. Jason Amala, Student Bar Association president at Seattle, said, "The school is poised for greatness and the students are tremendously excited about the direction that the law school will take under the leadership of Dean Testy."

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Boeglin, JD'84, To Head New Entrepreneurship Law Clinic

Tim Boeglin, JD'84, has been appointed as the new director of the Entrepreneurship Law Clinic, which will be open for business in the fall semester of 2005. Jointly sponsored by the Law School and the IU Kelley School of Business, the Entrepreneurship Law Clinic will provide a capstone experience for JD and MBA students and for students enrolled in joint-degree programs in law and business. Students will work in teams to provide legal and business-planning assistance to entrepreneurs in many areas, including financial planning, organization, licenses, agreements, regulatory and zoning compliance, and intellectual property issues.

Before graduating from the Law School in 1984, Boeglin received his BA from Notre Dame in 1980. There, he majored in government and international studies with a concentration in business administration. From 1987 to 2003, Boeglin founded and was CEO of XJD Corporation in St. Paul, Minn., and Bloomington; Prairie Dog Corporation, also in St. Paul; and Blanx Etc. in Mobile, Al.

From 1990 to 1994, Boeglin was an arbitrator for the Circuit Court of Cook County in Chicago, where he also maintained a private practice. Boeglin was also an attorney for Wildman Harrold Allen & Dixon, a broad-based litigation practice involving commercial, contract, and personal injury cases. In addition, he has been a mentor for the Kelley School of Business and has served as a Moot Court judge at the Law School.

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Skadden Fellowship Awarded to 3L Steve Sharpe

Third-year student Steve Sharpe has been awarded a Skadden Fellowship, which will begin in 2005. This prestigious fellowship was established in 1988 by Skadden Arps Slate Meagher & Flom in recognition of the need for greater funding for graduating law students who wish to devote their professional lives to providing legal services to the poor, the elderly, the homeless, and the disabled, as well as those deprived of their civil or human rights. The fellowship, which lasts for two years, provides salary, benefits, and loan forgiveness.

Sharpe's project, which is sponsored by Indiana Legal Services in Bloomington, will address the high rate of mortgage foreclosures in rural Indiana. Sharpe will use collaborative litigation and community outreach to curb predatory lending practices.

In addition to his studies and current duties as executive notes and comments editor for the Indiana Law Journal, Sharpe carries a full load of public-interest activities. He is the co-founder of the Tenant Assistance Project, an eviction-defense clinic serving rural residents of Indiana. He is also is an active participant in the Inmate Legal Assistance Project, which provides students the opportunity to work under attorney supervision on intra-institutional problems of federal prisoners at the Terre Haute penitentiary in Indiana. Sharpe also serves as fundraising co-chair of the Law School's chapter of the Public Interest Law Foundation.

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Judges Needed for 2005 Regional Jessup Moot Court Competition

The Law School will be hosting the 2005 North Central Regional Philip C. Jessup International Law Moot Court Competition from February 18th through February 20th. Winners of this competition will go on to the national competition, and those winners will then compete in an international competition. In 2004, our Indiana team participated in the national competition.

The Law School is looking for judges with international law knowledge and experience for all three days of the competition. Those who cannot make the trip to Bloomington are invited to participate by evaluating memorials (briefs). If you would like to volunteer for either duty, please contact our student Jessup competition administrator, Ms. Jenni Klose, at jklose@indiana.edu.

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Does Your Practice Take You To Korea?

If your practice takes you to Korea regularly, and if you would be interested in discussing a conference on Korean law and cross-border legal issues, please e-mail Dean Robel at lrobel@indiana.edu.

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Alumni Reception in San Francisco: January 5

The Law School is hosting an alumni reception on January 5th from 7 p.m. to 9 p.m. at the Hotel Nikko in San Francisco. We invite our graduates to join Dean Robel, Professor Craig Bradley, current law students, and your fellow alumni. If you plan on attending, please R.S.V.P. by December 30th to lawalum@indiana.edu or (812) 855-9700.

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Give to the Fund for Excellence

Please take advantage of applicable federal and State of Indiana tax benefits by giving to the Fund for Excellence. As state funding declines, your gift ensures that the Law School has the resources it needs to recruit and retain top-quality students and faculty, enhance co-curricular student programs and services, and enrich the educational atmosphere of the school through conferences, speakers, and technology. Please check our Web site for ways to give, including making a secure online donation.

Happy holidays!

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Faculty News

Two articles authored by Professor Kevin Brown have recently been published: "The Road Not Taken in Brown: Recognizing the Dual Harm of Segregation," 90 Va. L. Rev. 1579 (2004); and "The Racial Gap in Ability: From the Fifteenth Century to Grutter and Gratz," 78 Tulane L. Rev. 2061 (2004).

Professor Dawn Johnsen's article, "Functional Departmentalism and Nonjudicial Interpretation: Who Determines Constitutional Meaning?" recently appeared at 67 Law & Contemporary Problems 105 (2004).

Professors Craig Bradley and Joseph Hoffmann co-authored "The Sentencing Conundrum," which was published in Trial Magazine's December issue (pages 51-54).

The work of the Massachusetts Governor's Council on Capital Punishment, which was co-chaired by Professor Joseph Hoffmann, was featured as one of the year's most interesting ideas in the December 12 issue of the New York Times Magazine.

Professor Hannah Buxbaum's article entitled "National Courts, Global Cartels," which discussed a recent Supreme Court case on international antitrust litigation, was recently published in the German Law Journal.

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