A newsletter for friends of the Indiana University School of Law—Bloomington • April 2005 (Vol. 3, No. 3)

Dear Friend:

Lowell Baier presents a bust of Jerome Hall to the school Jerome Hall was the kind of teacher and scholar that students never forget. As a faculty member here for 30 years, he produced scholarship on criminal law and jurisprudence that is still frequently cited. His influence on his students cannot be traced through citations. For one of those students, Lowell Baier (JD'65), Hall remained his "North Star"—a mentor whose voice Baier heard at critical moments in his life.

Baier has spent the last two years lovingly shepherding to completion a beautiful bust of Hall that sits atop a magnificent marble plinth in the Law Library. He also commissioned a plaque that tells our current students about this wonderful part of the school's history. The bust was dedicated at the Hall Lecture on April 7, where Baier recounted his memories of Hall and talked about Hall's influence. We are all very grateful to Lowell for bringing this beautiful piece of art to completion and for making this history available to our students.

Lin Yao and Lauren Robel This has been an eventful semester, as this month's Update suggests, with many talks and conferences. The rankings conference came on the heels of the announcement that the Law School is now tied for 14th among public law schools in the controversial U.S. News survey, and is 36th overall. That news came while I was at a conference for law school deans from China and the United States in Beijing, where I was also able to meet with our admitted students and our alumni. The school is expanding our partnerships in China, adding a law school, Fudan University, in Shanghai to our existing partnership with China University of Political Science and Law. I was able to meet with several of our international alumni, including Lin Yao (pictured), president of the IU Law Alumni Association in China.

With the students in exams, and graduation just around the corner, I want to thank all of our alumni who have helped in so many ways this year—on moot court, in the shadow program, as mentors, with Career Services and Admissions, and on our boards—as well as the many alumni who have invested in the school through their donations to our Fund for Excellence. Your participation is vital to allowing us to continue to provide our students a transformative education.

All my best,

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

Lee Hamilton Gives Two Public Lectures at Law School

Lee Hamilton talking about Congress Law School alumnus Lee Hamilton, JD'56, former U.S. representative and vice-chair of the 9-11 Commission, visited the Law School in April. Hamilton, who directs the Center on Congress at Indiana University and the Woodrow Wilson International Center for Scholars in Washington, D.C., talked about his latest book, How Congress Works and Why You Should Care, on April 5. He also presented a lecture on April 6 titled, "How to Use American Power," in which he discussed American foreign policy and the need to focus on issues such as poverty, disease, globalization, terrorism, and the importance of working in collaboration with other nations. Hamilton's visit was sponsored by the IU Institute for Advanced Study. A U.S. representative from Indiana for 34 years, Hamilton served as chair and ranking member of the House Committee on Foreign Affairs and was chair of the Subcommittee on Europe and Middle Eastern Affairs. He serves as a member of the President's Homeland Security Advisory Council.

Watch the April 5 video

Watch the April 6 video

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Geyh Garners Media Attention for Forthcoming Book on Congress and Courts

Charlie Geyh holds a book Professor Charles Geyh has received a great deal of media attention for his forthcoming book, When Congress and Courts Collide. Geyh was recently quoted in the New York Times, the San Antonio Express-News, Newsweek, the Legal Times, the San Francisco Chronicle, the Dallas Morning News, the Buffalo News, and the Bloomington Herald-Times, and he was commissioned to write an editorial for Newsday. His book, which is slated to be published by the University of Michigan Press at the end of the year, explores why, despite regular confrontations with the courts, Congress has traditionally used its powers to control the federal judiciary only rarely and why that tradition may be changing. Geyh argues that the "independence" judges enjoy is attributable less to constitutional law than to a custom of congressional respect for the courts' authority to decide cases without legislative interference—a custom that has preserved a state of dynamic equilibrium between courts and Congress for nearly two centuries but that is currently jeopardized by an intensifying partisan divide over the future of America's judicial system.

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Grossberg Awarded Guggenheim Fellowship

Professor Michael Grossberg was awarded a Guggenheim Fellowship for the 2005-06 academic year. He will use the fellowship to complete a book, Saving Our Kids: Child Protection in America. The book, which is under contract with Harvard University Press, will analyze child protection as an ideal and a set of policies from the 1870s to the present.

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Alumnus Flanders to Serve as Graduation Speaker

Scott Flanders Law School alumnus Scott Flanders, JD'82, chairman and CEO of Columbia House, will serve as the speaker for the Indiana University School of Law—Bloomington graduation ceremony on Saturday, May 7. Before joining Columbia House in September of 1999, Flanders co-founded Telstreet.com, an Indianapolis-based e-commerce company, which was successfully merged with Buy.com in August 2000. Prior to joining Telstreet.com, Flanders served as president of Macmillan Publishing, the world's largest computer and reference publisher. During his 14-year career at Macmillan, Flanders established Macmillan as the world's largest computer book publisher and the first publisher of books about the Internet. Macmillan also became the first publisher to sell books on the Internet. When Flanders left the company in 1998, Macmillan was ranked the 10th largest publisher in America and the 4th largest Amazon vendor. Flanders is a member of several corporate boards, including Freedom Communications, the 14th largest media company with sales of $1 billion in newspapers, TV stations, and magazines; the Gazelle Fund, a midwest oriented venture capital fund; and MemberWorks, Inc., one of the largest third-party marketing services in the United States. The Law School will hold its special graduation ceremony, following the IU commencement, at 3 p.m. in the IU Auditorium. Dean Robel will preside over the ceremony. Rodney Glover, Class of 2005, will be the student speaker.

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Rehnquist Legacy Conference Draws National Experts

Linda Greenhouse delivering keynote address The Rehnquist Legacy conference keynote presentation by New York Times Supreme Court correspondent Linda Greenhouse (pictured) was broadcast on CSPAN's America and the Courts on April 9. The conference, which was based on an upcoming book titled, The Rehnquist Legacy, to be published by Cambridge University Press in 2005, went very well, according to conference organizer Professor Craig Bradley, who served as a Rehnquist clerk from 1975-76. "The participants, many of whom do not agree with the majority of Rehnquist's positions, were nevertheless able to evaluate his achievements objectively," Bradley said. Drawing from their essays, editor and co-author Bradley and the contributing co-authors of The Rehnquist Legacy offered an assessment of Supreme Court Chief Justice William Rehnquist's legal legacy. "While he didn't accomplish all that he hoped for," Bradley said, "there is no question that his impact on American constitutional law has been tremendous, and his influence will continue for decades after his retirement."

Watch the keynote address

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Symposium Addresses Controversial Law School Rankings

Jeff Stake talks about law school rankings at the lectern Professor Jeff Stake was recently quoted in the Wall Street Journal and the National Law Journal about the controversial U.S. News & World Report law school rankings. Stake was a principal organizer of the "Next Generation of Law School Rankings" symposium, which was held on April 15 at the Law School. Participants discussed the myriad of alternative rankings that have emerged in recent years and looked for better and more accurate ways of measuring law school performance. Professors and deans from several ranked schools joined in some very lively discussions, and the symposium was a great success. Symposium papers are scheduled to be published in the Indiana Law Journal by January of 2006.

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Five Professors Honored at Teaching Awards Ceremony

Students, faculty, and staff gathered on April 13 for the annual law faculty teaching awards ceremony. The Law School community is pleased to congratulate Professor Ajay Mehrotra and Professor A. James Barnes, the recipients of the Trustees Teaching Award; Professor Amy Applegate, the recipient of the Leonard Fromm Public Interest Award; Professor Susan Williams, the recipient of the 2004 Leon Wallace Teaching Award; and Professor Aviva Orenstein, the recipient of the 2005 Leon Wallace Teaching Award.

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ELRG Students Support Win in PCB Contamination Case

On April 6, the Court of Appeals for the Seventh Circuit ruled in favor of Bloomington residents who sued to compel the clean-up of PCB contamination at local Superfund sites. The Environmental Law Research Group (ELRG) supported pro bono attorney Mick Harrison in appealing the U.S. District Court's August 2003 dismissal. ELRG student volunteers researched and wrote sections of the appellate brief. The case is Frey v. E.P.A., 2005 WL 767057 (7th Cir. (Ind.) Apr. 6, 2005).

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Cheryl Saunders Lectures on Comparative Constitutional Law

Cheryl Saunders, the George P. Smith II Distinguished Visiting Professor-Chair and professor of law at the University of Melbourne Law School in Australia, spoke on "The Use and Abuse of Comparative Constitutional Law" on April 12 at the Law School. Saunders is the associate dean of graduate studies at Melbourne. She also serves as director of the Melbourne JD program and director of the Centre for Comparative Constitutional Studies. She specializes in constitutional law and comparative constitutional law, including federalism and intergovernmental relations, constitutional design and change, and constitutional theory.

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Students Strike for Fair Treatment and Grades at Labor Law I, Inc.

Linda Greenhouse delivering keynote address After students of Professor Ken Dau-Schmidt's Labor Law I course had several unsuccessful attempts at collective bargaining with Labor Law I, Inc., they formed the Decisive Action Union (DAU) to represent hard-working and disciplined employees. The DAU was forced to picket and strike on April 6 and 7, chanting slogans and picketing "President" Dau-Schmidt's office and classroom with signs. Tentative agreements had been reached with respect to a variety of issues, including a union recognition clause, a non-discrimination clause, a no-strike clause, a "zipper clause" obviating the obligation to bargain during the life of the agreement, and the form of the exam. Dau-Schmidt then offered replacement workers ("scabs") applications for employment and a limited number of free doughnuts. Dau-Schmidt finally cut a deal, accepting a contract specifying just cause for dismissal, an arbitration procedure, and a 3.23 class GPA. "I managed to whittle down the job preservation provision in the contract to just two days' notice. I think the employees are going to regret giving me that," he said. Sure enough, on April 15, the last day of class, Dau-Schmidt announced that he was permanently closing Labor Law I, Inc. and opening a new business, "Dau-Mart," in Shanghai, China, using convict labor. It will be the first question on the students' final exam to discuss whether Dau-Schmidt can legally close Labor Law I, Inc. under the terms of the collective bargaining agreement and the National Labor Relations Act.

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Upcoming Alumni Receptions

Please join us for our upcoming alumni receptions in Indiana. Alumni receptions will be held from 5:30 p.m. to 7:30 p.m. on Tuesday, May 3, at the Innsbrook Country Club, 6701 Taft Street, Merrillville, Ind.; and from 5:30 p.m. to 7:30 p.m. on Wednesday, May 4, at Paula's, 1732 West Main Street, Fort Wayne, Ind.

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Support the Fund for Excellence

Please join the Class of 2005 and our loyal alumni base in supporting the Law School's Fund for Excellence. The Class of 2005 "Funding Our Future" pledge campaign has already raised more than $27,000 in pledges for the Fund for Excellence. The Fund for Excellence 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. Make your gift by June 30, 2005, to be included in the 2004-05 Honor Roll of Donors.

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Faculty News

Professor Fred Aman was cited by the Australian Supreme Court in the case Griffith University [2005] HCA 7.

Associate Dean John Applegate was vice-chair of a National Academy of Sciences committee that recently released a report, "Risk and Decisions about Disposition of Transuranic and High-Level Radioactive Waste." The committee recommended to the U.S. Department of Energy that it develop an externally evaluated exemption system for managing defense nuclear wastes that may not require emplacement in the proposed geologic repository at Yucca Mountain in Nevada. Applegate is now serving on a congressionally mandated follow-up Committee on Management of Certain Radioactive Waste Streams Stored in Tanks at Three Department of Energy Sites, which will focus on high-level wastes stored in tanks at the Savannah River Site in South Carolina, the Idaho National Laboratory, and the Hanford Reservation in Washington.

U.S. Secretary of Energy Samuel Bodman has appointed Professor Jim Barnes as a member of the U.S. Department of Energy's (DOE) Environmental Management Advisory Board. The board provides advice and makes recommendations on issues relating to the DOE's Environmental Management Program.

Professor Kevin Brown participated on a panel discussion titled, "New and Emerging Education Reform Trends" at a conference titled, "Meeting the Challenge of Grutter: Affirmative Action in Twenty-Five Years" held at The Ohio State University Moritz College of Law in Columbus, Ohio, on Feb. 25.

Professor Hannah Buxbaum moderated a panel titled, "Exploring the Breakdown of the Public-Private Divide in International Law and Lawmaking," at the annual meeting of the American Society of International Law.

Professor Fred Cate spoke on "The Failure of Fair Information Practice Principles" at the University of Washington's conference, "Is Consumer Protection an Anachronism in the Information Economy?"; on "Data Sharing-Risks, Issues, and Realities" at the International Association of Privacy Professionals' National Summit 2005; and on "Information Crisis Management" at the annual Experian Law Conference. Cate was recently quoted in the Wall Street Journal; National Public Radio's Morning Edition; the Atlanta Journal-Constitution; the Bureau of National Affairs report, "Privacy and Security Law"; American Lawyer; and on Cox News Service.

Professor Daniel Conkle recently participated in a panel discussion in New York City on "Religion, Politics, and the Future of America: A National Discussion." Fellow panelists included Christian and Islamic religious leaders and representatives of the American Jewish Congress, the York Civil Liberties Union, People for the American Way, and the Arab-American Institute.

Professor Kenneth Dau-Schmidt attended a March 18-19 meeting in Montreal to advise the Canadian Minister of Labour and Housing on proposed amendments to the Canadian Labour Code.

Professor Rob Fischman gave a talk titled "Cooperative Federalism in Natural Resources Law" at the "Conference on Cooperative Federalism" at New York University on March 25. He also delivered the 2005 Distinguished Lecture in Environmental Law at Florida State University Law School on April 4. The title of the lecture, which will be published in the FSU Journal of Land Use and Environmental Law, was "The Significance of National Wildlife Refuges in the Development of U.S. Conservation Policy." Fischman also gave a faculty colloquium at FSU during his visit. The topic of his talk was "The Problem of Harm in the Endangered Species Act." The papers from the symposium on "Managing Biological Integrity, Diversity, and Environmental Health in the National Wildlife Refuges," held at the Law School last year, are now published in the current special issue of the Natural Resources Journal. Fischman co-authored (with SPEA conservation biologist, Vicky Meretsky) the introductory essay to the symposium. He also wrote an article published in the same issue on "The Meanings of Biological Integrity, Diversity, and Environmental Health." Fischman recently published an article in the new online encyclopedia supported by the U.N. and designed to serve as a reference source for sustainable development. He also wrote an opinion piece published by the online environmental magazine, Grist.

Professor Ann Gellis has been named associate vice president for research compliance for the IU Office of the Vice President for Research. This promotion recognizes her responsibilities for university-wide, rather than Bloomington-specific, compliance activities.

Professors Sophia Goodman and Lisa Farnsworth have been promoted to senior lecturer.

Professor Joseph Hoffmann is the co-author of the second edition of the successful Comprehensive Criminal Procedure and its condensed counterpart Criminal Procedure: Investigation and the Right to Counsel (Aspen 2005). His editorial, "No doubt, death penalty reform is difficult," was published in the Chicago Tribune on April 23.

Professor Sarah Jane Hughes was a featured speaker on a panel on what Check 21 means for the future of negotiability and whether it is time to create laws to handle "electronic payments" beyond those already in existence. The panel took place at the American Bar Association's Business Section Spring Meeting in Nashville, Tenn., on April 2.

Professor Dawn Johnsen gave an opening talk at a three-day conference, cosponsored by Yale Law School and the American Constitution Society, on "The Constitution in the Year 2020," which was inspired by an article she wrote in the Indiana Law Journal a few years ago on the Reagan-Meese conservative constitutional agenda. She was also quoted in the American Prospect and was interviewed on WFIU regarding the Reagan-Meese agenda.

Professor Marshall Leaffer gave a presentation on March 8 at the School of Law at the Folklore and Ethnomusicology Colloquium titled, "Recent Developments in the Protection of Cultural Expression." His presentation examined recent developments in the protection of "cultural expression," particularly in the area of folklore.

Professor Leandra Lederman was quoted in the National Law Journal, Texas Lawyer, Tax Notes Magazine, The Recorder, and The Legal Intelligencer.

Professor Ajay Mehrotra presented a paper, "Envisioning the Modern American Fiscal State: Progressive-Era Economists and the Intellectual Foundations of the U.S. Income Tax," at Northwestern Law School's Tax Policy Colloquium on March 10.

Professor Christiana Ochoa presented a talk on the role of the individual in the formation and interpretation of customary international law in light of the Supreme Court's recent decision in Sosa v. Alvarez-Machain at the "Sixth Annual Symposium Highlighting the Research of Faculty, Staff, and Students of Color" in Indianapolis.

Professor Alex Tanford was quoted in the Louisville Courier-Journal regarding change of venue in a murder trial.

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