A newsletter for alumni, students, and friends of the IU School of Law—Bloomington • March 2005 (Vol. 3, No. 2)

Dear Friend:

It has been a very exciting time at the Law School. We were privileged to have two ambassadors visit the school to give public lectures in the same week: Law School alumnus Feisal Istrabadi (JD'88), Iraq's ambassador to the United Nations, on Feb. 28; and Kasit Piromya, Thai ambassador to the United States, on March 2.

On the preceding Friday evening, we enjoyed two wonderful Law School traditions—the final rounds of the Sherman Minton Moot Court Competition and the Barrister's Ball, at which Gary Davis (JD'83) received the BLSA "Person of the Year" award for his stellar work as the first chair of the BLSA Advisory Board.

Throughout the month of March, we are visiting our alumni at receptions in the East and West. On March 24, there will be an alumni reception in Atlanta at Turner Field, home of the Atlanta Braves. Many thanks are extended to Law School alumnus John Cooper (JD'92) for allowing us to assemble at the field. Cooper serves as vice president and associate general counsel of Turner Entertainment Group and Turner Sports and as vice president and team counsel of the Atlanta Braves.

The Environmental Law Advisory Board will reconvene on March 25 in Bloomington. The Law School is grateful for the guidance and leadership provided by board member William Weeks (JD'79), who will head a new Conservation Law Center that will work with our students. Former vice president of the Nature Conservancy and a lawyer with Sommer Barnard, Weeks is an experienced environmental law practitioner who brings a strong nongovernmental organization perspective to conservation advocacy.

The month of April promises to be exciting as well. Plans are well underway for the "Rehnquist Legacy" conference on April 1 and 2, and the "Next Generation of Law School Rankings" symposium on April 15. These events are free and open to the public, and I encourage you to join us.

All my best,

Lauren K. Robel, JD'83 Dean and Val Nolan Professor of Law

Iraqi Ambassador Istrabadi, JD'88, Speaks at Law School

Feisal Istrabadi, JD'88, Iraq's Ambassador to the United Nations, spoke to faculty and students at the Law School Feb. 28 about both his role as the principle drafter of Iraq's interim constitution and the current situation in Iraq.

Feisal Istrabadi After Iraq's historic Jan. 30 elections, the country has turned its attention to forming a new government and writing the permanent constitution. Many controversial issues will need to be resolved during the writing process, including the specifics of Kurdish autonomy and Islam's role in government. Istrabadi discussed the dissension surrounding his proposals for an independent judiciary and a ban on torture. The permanent constitution is scheduled to be drafted by Aug. 15. The Iraqi people will vote on the constitution in a referendum on Oct. 15. "It's a long process," Istrabadi said. "It's not something that happens overnight."

Istrabadi was born in Virginia but lived in Iraq for part of his childhood. He is currently on leave from his Valparaiso law practice to serve as the deputy permanent representative of Iraq to the United Nations. Istrabadi's paternal grandfather, Mahmoud, was a member of the assembly that wrote Iraq's first constitution in 1925.

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"Rehnquist Legacy" Conference to Be Held April 1 and 2

Greenhouse The Rehnquist Legacy, to be published by Cambridge University Press in 2005, is the first "legal biography" of a Supreme Court justice. It will present a collection of 17 original essays from leading authorities in constitutional law and criminal procedure assessing Rehnquist's place in the history of diverse areas of constitutional law. Professor Craig Bradley, editor and co-author, and 16 contributing co-authors of The Rehnquist Legacy will come together for a conference on April 1 and 2 at the School of Law to offer an assessment of Supreme Court Chief Justice William Rehnquist's legal legacy. New York Times Supreme Court correspondent Linda Greenhouse (photo courtesy of the New York Times) will serve as the keynote speaker for the event. Drawing from their essays, the authors will discuss those areas in which Rehnquist's impact has been the greatest and how the law in those areas has developed during Rehnquist's 33-year Supreme Court tenure, including his 18 years as Chief Justice.

Craig Bradley Six of the contributing authors have clerked for Supreme Court justices. Bradley clerked for Rehnquist in the mid-1970s and testified at his confirmation hearing for Chief Justice. In addition to numerous law review articles and a book about the Supreme Court's criminal procedure decisions, Bradley has authored chapters on Rehnquist in The Supreme Court Justices: Illustrated Biographies 1789-1993 (Congressional Quarterly, 1993) and The Supreme Court Justices, A Biographical Dictionary (Garland, 1994). He has also appeared as a commentator on Rehnquist for CBS News and Inside Edition.

Other participants include Lynn A. Baker, Frederick M. Baron Chair in Law, University of Texas-Austin; David Barron, professor of law and faculty leader of the Law School College, Harvard University; Ruth Colker, professor and Heck Faust Memorial Chair in Constitutional Law, The Ohio State University; Daniel O. Conkle, Robert H. McKinney Professor of Law, Indiana University School of Law—Bloomington; Neal E. Devins, Goodrich Professor, director of the Institute of Bill of Rights Law, and professor of government, College of William and Mary; Daniel Farber, Sato Sho Professor of Law, University of California-Berkeley; Philip P. Frickey, Richard W. Jennings Professor of Law, University of California-Berkeley; Richard Garnett, associate professor of law, University of Notre Dame; Joseph L. Hoffmann, Harry Pratter Professor of Law, Indiana University School of Law—Bloomington; Dawn Johnsen, professor of law, Indiana University School of Law—Bloomington; Yale Kamisar, professor of law, University of San Diego, and professor of law emeritus, University of Michigan; Earl M. Maltz, Distinguished Professor of Law, Rutgers University; William Marshall Kenan Professor of Law, University of North Carolina-Chapel Hill; Geoffrey R. Stone, Harry Kalven Jr. Distinguished Service Professor of Law, University of Chicago; James J. Tomkovicz, Edward Howrey Professor of Law, University of Iowa; and Mark Tushnet, Carmack Waterhouse Professor of Constitutional Law, Georgetown University.

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"Next Generation of Law School Rankings" Symposium to Be Held April 15

Legal experts will gather at the School of Law for the "Next Generation of Law School Rankings" symposium to be held in the Moot Court Room on April 15.

The U.S. News & World Report's annual law school rankings are the 800-pound gorilla of legal education. Although met with varying degrees of skepticism and hostility, the U.S. News rankings affect virtually all aspects of law school operations. A myriad of alternative rankings have emerged in recent years, seeking better and more accurate ways of measuring law school performance.

The goal of the symposium is to provide a deeper understanding of rankings and their effects on legal education. The participants will examine the need for law school rankings; the effects of rankings on legal education; and the various new approaches to addressing the public's insatiable demand for ever more and increasingly sophisticated rankings, which permeate not only legal education but also all aspects of American life.

The conference is made possible through the generous financial support of Foundation Press, Thomson-West Publishing, and the Law School. Papers will be published in a symposium issue of the Indiana Law Journal.

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Richardson and Johnson Win Moot Court Championship

Johnson, Richardson The Sherman Minton Moot Court final round was terrific! The judges were Sarah Barker and Phil Simon, JD'87, from the U.S. District Courts for the Southern and Northern Districts of Indiana, respectively; Bruce Selya of the U.S. Court of Appeals for the First Circuit; Michael Kanne, JD'68, of the U.S. Court of Appeals for the Seventh Circuit; and our own Professor Don Gjerdingen. The finalists were 2L Kim Richardson and 2L Kellie Johnson for the Petitioners and 2L Barry Hammond and 3L Amy Strong for the Respondents. Richardson and Johnson won the final round. The Law School extends congratulations to all the participants, to the current Moot Court Board for a great competition, and to Professor Seth Lahn, faculty advisor. We also thank our sponsor, Bose McKinney & Evans.

Watch the video of the final competition (free Real Player required).

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Local Filmmakers Participate in Groundbreaking Law Class

Midwest filmmakers John Blankenship and Margie Glover are participating in a novel legal course at the Law School. Adjunct Professor of Law Robert Meitus, JD'00, of Meitus Gelbert LLP in Indianapolis, is teaching the class during the spring semester. The course, "Practicum in the Legal Aspects of Independent Filmmaking," which deals with the unique legal and business needs of independent filmmakers, is using Blankenship's and Glover's feature film project, The Model Builder, as a case study.

Under the banner of Flyaway Films, Blankenship and Glover have been developing The Model Builder over the last several years. The story is centered on the life of an Indiana farm boy.

Blankenship and Glover approached Meitus about their feature film in development. Meitus, who saw the potential for serving both the project and law students, says, "Law students often study intellectual property in the abstract, but they seldom have the practical opportunity to work on any creative project like this, let alone to develop a film. This should be a rewarding collaboration for all involved."

The 10 law students selected to participate in the 13-week course have read the completed script and are very excited about it, says Meitus. Local and national motion picture attorneys, producers, directors, screen writers, actors, and festival producers will meet in workshop sessions with the students throughout the semester.

Visit The Model Builder Web site at http://www.themodelbuilder.com.

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New Book Examines Post-Desegregation Era

Kevin Brown Professor Kevin Brown re-examines the Supreme Court's school desegregation jurisprudence and confronts the current educational situation of African-American school children in his new book, Race, Law and Education in the Post-Desegregation Era (Carolina Academic Press, 2004). The book uses Post-Desegregation Awareness to advance discussion of racial issues while examining the Court's school desegregation jurisprudence from the four different conceptual schemes, including Traditional Americanism, African-American Centralism, Secular Individualism, and American Collectivism.

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Buxbaum Receives Humboldt Fellowship

Hannah Buxbaum Professor Hannah Buxbaum received a Humboldt Fellowship to work at the University of Cologne in Germany beginning in June. Buxbaum's 12-month research project will focus on emerging patterns of transnational litigation in economic disputes, such as the role of national courts in addressing cross-border violations of antitrust or securities laws. The Alexander von Humboldt Foundation grants research fellowships and research awards to highly qualified scholars and scientists around the world.

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Alumnus Designs New Judicial System for South Korea

Jaewan Moon, LLM'00, SJD'02, professor of law at the Hankuk University of Foreign Studies, serves on the Presidential Committee on Judicial Reform. He has been designing a new judicial system for South Korea since the government decided to change the entire judicial system, including its legal education system, judge selection process, and jury system. Moon previously served as an advisor for the Judicial Reform Committee.

The only professor involved in the redesign, Moon is working with judges, prosecutors, attorneys, and senior public servants to design the legal education system and judicial selection process. Too young to be a member of the committee, Moon is part of the acting group that is charged with designing the new system. The members gather monthly to accept or reject the acting group's proposed ideas. "I believe that it is my duty to do my best when others want my advice," Moon said. "And I'm doing what I have to do with pleasure."

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Professor Geyh Sings for Summer Salaries; PILF Raises More Than $4,000

Charles Geyh Many thanks to Professor Charles Geyh, who came prepared for his ascension to the PILF "Singing for Summer Salaries" stage. Decked out in stylish glasses and a feather boa, the talented troubadour trolled "Lawyers, Guns, and Money." More important than the discovery of this awesome talent is the fact that Professor Geyh's performance was the culmination of an event that raised more than $4,000 for PILF summer fellowships! This amount will be matched by the school.

Watch video highlights of the show (free Real Player required).

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Call-Out for Distinguished Service Award Nominations

The Law School is seeking nominations for the 2005 Distinguished Service Award (DSA). Founded in 1997, the DSA recognizes alumni who have distinguished themselves in service to their communities and to the Law School. This year's recipients will be honored during Alumni Weekend 2005. The online nomination form includes instructions for submitting nominations, which are due March 25.

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Faculty News

Professor Fred Aman's article on the privatization of prisons was published in Privatisation and Human Rights; in the Age of Globalisation (Intersentia, 2005). Aman and the other authors presented policy implications to a group of European policy makers at a conference at the Maastrict Center for Human Rights on Feb. 25. The conference considered privatization initiatives in areas such as drinking water, health services, and social security, and their compatibility with international human rights standards. Aman also spoke at the first PTTP Public Lecture at the Osgoode Hall Law School at York University in Toronto on March 9. His lecture was titled "The Changing Face of Regulatory Law in Globalized States and Markets."

Two of Professor Craig Bradley's works are cited in the recent juvenile death penalty case of Roper v. Simmons on pages 18, 19, and 21 of Justice Antonin Scalia's dissent. The case was decided March 1. The text of the dissent can be found at scotus.ap.org/ scotus/ 03-633p.zd1.pdf. Bradley's Supreme Court column, "On Custody," appeared in the February issue of Trial Magazine (pp. 58-61). He was also interviewed for the April 2005 issue of The Atlantic Monthly titled, "Rehnquist the Great?"

Professor Kevin Brown's comment, "After Grutter v. Bollinger: Revisiting the Desegregation Era from the Perspective of the Post-Desegregation Era," was published in 21 Constitutional Commentary 41 (2004). Brown was also a panelist on the panel titled "Human Rights" at the "Mid-Atlantic People of Color Conference" held at Brandeis Law School on the campus of the University of Louisville on Feb. 4. His comment, "The Hypothetical Opinion in Grutter v. Bollinger from the Perspective of the Road Not Taken in Brown v. Board of Education," was published in 36 Loyola University Chicago Law Journal 83. This comment was part of the "Race in Education Policy Symposium."

Professor Fred Cate wrote an editorial response that was published in USA Today on Feb. 28. The newspaper's editorial view was titled "Few companies have to tell when identity thieves strike." Cate's opposing view was titled "Another notice isn't answer," which stated that a California law requiring businesses to notify consumers when the security of their personal data is breached is a poor substitute for real action to address identity theft. Cate is also quoted in a March 11 article in the Toledo Blade regarding open records laws and a March 14 article in the South Florida Sun-Sentinel about a study that finds that states put safety before access.

Professor Daniel Conkle participated in a conference at Université Paris II (Panthé on-Assas) in Paris. The conference addressed "La Conception Americaine de la Laicité" (The American Conception of Church-State Relations). Conkle's paper was titled, "Religious Expression and Symbolism in the American Constitutional Tradition: Governmental Neutrality, But Not Indifference." Conkle was quoted in a March 13 South Bend Tribune article titled, "A breadth of opinion on gay marriage."

Professor Ken Dau-Schmidt's article, "An Alternative Economic Analysis of the Regulation of Unions and Collective Bargaining," has been published in Law and Economics: Alternative Economic Approaches to Legal and Regulatory Issues (2005). Dau-Schmidt also gave a presentation titled "Labor Law in the Contemporary Workplace" to the Legal Advisory Committee of the Office of the General Counsel, AFL-CIO, in Washington, D.C., on Feb. 16.

Professor Rob Fischman's article, "The National Wildlife Refuge System and the Hallmarks of Modern Organic Legislation," has been republished in the Journal of Land Use and Environment Law (35 Land Use and Environment L. Rev. 483 (2004)). Fischman's article was one of six selected in the environmental law category for the journal's annual "best of" issue. On March 2, Fischman presented a keynote address to the U.S. Fish and Wildlife Service Region 2 Project Leaders meeting in the Twin Cities.

Professor Luis Fuentes-Rower's article, "In Defense of Deference," has been published (21 Constitutional Commentary 133 (2004)).

Professor Charles Geyh's research is discussed in a March 2 New York Times op-ed titled, "Courting the Public."

Professor William Henderson and UCLA law professor Richard Sander recently participated in an online debate on Yale Law School's Legal Affairs Web site. In the debate, Henderson responds to Sander's recent article about the impact of affirmative action on black American law students. Henderson uses many of the insights from his article, The LSAT, Law School Exams, and Meritocracy: The Surprising and Undertheorized Role of Test-Taking Speed, which Sander says is "... the most thoughtful critique of the Law School Admissions Test (LSAT) to appear in many years." To view the debate, visit www.legalaffairs.org/ webexclusive/ debateclub_sander0105.msp.

On Feb. 11, Professor Joseph Hoffmann presented a talk on "The Protection of Innocence: The Massachusetts Governor's Council on Capital Punishment" at the Notre Dame Law School. On Feb. 14, Hoffmann lectured at the University of Chicago Law School about the new "lay participation" system for Japanese criminal trials. Recently, Hoffmann was a featured speaker at "RebLaw 11," a national conference for "rebellious lawyering" held annually at Yale Law School. Hoffmann's presentation at Yale was about the Massachusetts Governor's Council Report and its impact on the death penalty abolition movement. Hoffman was quoted in a March 11 Springfield News-Gazette article titled "Legislation seeks tougher death penalty standards."

Professor Sarah Jane Hughes presented the results of her study of emerging electronic payments systems and the paradigms for regulating them on Jan. 29 at the American Bar Association's Cyberspace Law Subcommittee's Winter Working Meeting, which was held in conjunction with Stanford University's Centers on E-Commerce and on Internet and Society. Hughes's presentation is scheduled for publication later this year in the Business Lawyer. In addition, Hughes gave a presentation on how Check 21 (the Check Clearing for the 21st Century Act) challenges longstanding norms in payments law. This presentation is part of an article on which Hughes has been working.

Professor Seth Lahn has been appointed by ISBA President Clyde D. Compton to a two-year term as chair of the Indiana State Bar Association's Clients' Financial Assistance Fund Committee.

Professor Julia Lamber was quoted in a March 1 article in the Denver Post regarding the release of a report that may aid the Title IX lawsuit.

Professor Leandra Lederman's article, "The Entrepreneurship Effect: An Accidental Externality in the Federal Income Tax System," has been published (65 Ohio St. Law Journal 1401 (2004)). She also presented a paper, "Do Attorneys Affect Outcomes in Tax Court Cases?: An Empirical Study" at a faculty workshop at Cincinnati Law School on Feb. 7. The paper was co-authored with economist Warren Hrung. Lederman also filed an amica curiae brief in the consolidated cases of Ballard v. Commissioner and Estate of Kanter v. Commissioner on the issue of whether the U.S. Tax Court can refuse to release the report of the Special Trial Judge who actually presided over the case. She supported the taxpayers, arguing in favor of disclosure. She was recently interviewed on National Public Radio regarding the Supreme Court's decision to eliminate some of the secrecy faced by Americans taking tax disputes to the U.S. Tax Court.

Professor Ajay Mehrotra presented a paper, "Building the Modern American Fiscal State: Progressive-Era Economists and the Intellectual Foundation of the U.S. Income Tax," at the UCLA Law Review Symposium, "Rethinking Redistribution: Tax Policy in an Era of Rising Inequality," held at the UCLA Law School on Jan. 28.

On Feb. 18, Professor Christiana Ochoa presented a talk on "Identification and Definition of Customary International Law for Purposes of ATCA Litigation Post Sosa v. Alvarez-Machain " at the University of Cincinnati School of Law symposium on "Corporate Social Responsibility in the International Context."

Professor Aviva Orenstein participated in an IU Poynter Center panel on "The Ethics and Politics of Children" at the Association for Practical and Professional Ethics in San Antonio on Feb. 25. Orenstein delivered a talk on "The Ethics of Child Custody: Justice, Intimacy, and Respect for Parents."

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