A newsletter for friends of the Indiana University School of Law—Bloomington • May 2005 (Vol. 3, No. 4)

Dear Friend:

The Class of 2005 graduated on May 7, and these new lawyers are headed to a city near you! At the inaugural events of the Indiana Law Society of D.C. and the Indiana Law Society of Chicago, alumni will visit with new graduates who will be practicing in those cities. If you are available for the D.C. event on June 7 or the Chicago event on June 9, we hope you'll join us. Professor Sarah Jane Hughes, Professor James Barnes, and I will be at the D.C. reception, and Professor Tom Schornhorst and I will be in Chicago. We are grateful to the steering committee members—Kathleen Austin (JD'88), Rose Gallagher (JD'99), Greg Jordan (JD'84), Angela Karras Neboyskey (JD'00), and Roger Stelle (JD'70) in Chicago; and Adam Berlin (JD'99), Greg Castanias (JD'90), Kristofor Hammond (JD'99), and Susan Lynch (JD'93) in D.C.—for getting these new alumni organizations off the ground. Visit our alumni events Web page for more information.

Rodney Glover Rodney Glover gave an inspirational (and amusing) commencement address to his Class of 2005 peers just weeks before he and his wife became the proud parents of a beautiful baby girl, Avis Haley. Many heartfelt congratulations are extended to Rodney and to the entire graduating class. I am certain that the members of this fine class will rise to Rodney's challenge to represent well their profession, their families, this school, and themselves.

All my best,

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

Tanford Reaps Victory in Supreme Court Wine-shipping Case

J. A. Tanford Professor Alex Tanford's successful arguments as counsel of record in the U.S. Supreme Court case Granholm v. Heald lead to the Court's rejection of limits on wine shipping. The Court overturned laws in Michigan and New York that restricted out-of-state winemakers from shipping directly to customers. The 5-4 decision could have implications for the other 24 states, including Indiana, that impose similar restrictions on interstate wine shipment. Tanford argued that smaller wineries cannot compete with the leading winemakers in the $21.6 billion U.S. wine market unless they can sell directly to consumers over the Internet or allow visitors to ship bottles home. Many states have restricted out-of-state wineries from selling directly to consumers, while simultaneously authorizing direct shipment by in-state wineries. Direct sales have grown in recent years because smaller wineries often cannot produce enough wine and don't have sufficient consumer demand for wholesalers to carry their products. Tanford was widely quoted in media outlets across the country, including the ABA Journal, Business Week, the Indianapolis Star, the Los Angeles Times, the Concord Monitor, the Charlotte Observer, the Columbus Dispatch, and the Detroit Free Press.

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Grant to Afford New Look at Race and Sex Discrimination in Schools

Julia Lamber

The Spencer Foundation has awarded a four-year grant for more than $600,000 to support a study titled "Political Culture, Equality Talk, and Educational Policymaking." Professor Julia Lamber is the co-principal investigator on the interdisciplinary research project that includes the Law School, the IU Department of Sociology, and the IU Department of Political Science. The study will examine and compare claims of sex and race discrimination made over the past 40 years with regard to Title IX, school funding, and school vouchers.

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Alumnus Meets with Kenyan, Malaysian Officials to Discuss Biotechnology Issues

Jack Bobo, JD'96, deputy chief of the Biotechnology Trade Division at the U.S. Department of State, recently met with officials in Kenya to discuss policies related to agricultural biotechnology. Kenya is currently looking at drafting biosafety legislation that would allow for the commercialization of agricultural biotechnology crops. "The U.S. wants to ensure that the legislation adopted is science-based and does not unnecessarily disrupt trade," Bobo said. "Given this country's extensive experience regulating biotech crops, we decided to meet with the government of Kenya to share our experience." Bobo said the initial meeting will lead to a closer dialogue between the U.S. and Kenya on the issue of biosafety.

Bobo then headed to Malaysia to participate in a meeting with the Codex Committee on Food Labeling. Over the past 12 years, members of the committee have been trying to establish food labeling standards for the products of bioengineered crops. "The members are deeply divided over the issue of whether labeling should be limited to products with a change in the health or safety characteristics of the food, with which all members agree, or if labeling should extend to process-based labeling for all bioengineered foods regardless of nutritional or compositional changes," he said. The committee decided to reconstruct the current draft guidelines based on a paper presented by the Canadian government. The new proposal would establish mandatory labeling when there is a nutritional or compositional change. It would also allow the industry to voluntarily label bioengineered food when there is no nutritional or compositional change. According to Bobo, there was concern about how the Canadian proposal would be interpreted within the context of the World Trade Organization.

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Alumni Weekend: September 9 and 10

Alumni in the DeVault Alumni tent

The School of Law will host Alumni Weekend 2005 on Friday, Sept. 9, and Saturday, Sept. 10. Several activities have been planned for Friday, including a Continuing Legal Education seminar, the 2005 Distinguished Service Award ceremony, and the Alumni, Student, and Faculty Bash. On Saturday, activities include a golf outing, a tailgate party, and the IU vs. Nicholls State football game, which will begin at 4 p.m. For more information about scheduled activities, reunion planning, hotel information, and registration, visit the Alumni Weekend 2005 Web site.

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Doninger to Receive IU Distinguished Alumni Award

Former Indiana University athletic director Clarence Doninger, JD'60, is among the five who will be honored on June 18 with the IU Distinguished Alumni Award during the IU Alumni Association's annual Cream and Crimson Weekend. A founding member of the Kelley MBA Sports and Entertainment Academy's Senior Advisory Board, Doninger has mentored many students of the academy, including Athletic Department graduate assistants and student teams performing consulting projects for the department. After graduation, he served IU as president of both the IU Alumni Association and the Varsity Club National Board of Directors. He has also been a member of the IU Athletics Committee and the IU Foundation Board of Directors. Doninger served as director of athletics for IU from 1991 to 2001. He currently works at Stark Doninger & Smith in Indianapolis. A letterman in basketball, Doninger played for IU's legendary coach Branch McCracken from 1953 to 1957 and was a member of IU's Big Ten Championship team during his senior year. He was a charter member of the Little 500 Hall of Fame and rode for a winning Little 500 team. He was also president of his class and of the IU student body. At the Law School, Doninger was a member of the Board of Editors of the Indiana Law Journal and was president of the Legal Services Organization of Indiana.

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Padilla Elected Superior Court Commissioner

Steff Padilla, JD'85, has recently been elected Los Angeles Superior Court commissioner. She was formerly a juvenile referee for the court. "I'm humbled and very excited," Padilla said. Padilla grew up in Little Rock, Ark., and was an Arkansas deputy attorney general before she moved to Los Angeles. She was admitted to the California bar in 1991 and practiced law for 10 years before working for the Superior Court.

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Sharpe Places Second in ABA Writing Contest

Recent graduate Steven Sharpe, JD'05, won second place in the 19th annual American Bar Association's Mendes Hershman student writing contest. Sponsored by the ABA Section of Business Law, the contest was created to encourage and reward law student writings on a business law subject of general and current interest. Sharpe's paper was titled "Empowering Subprime Borrowers: Mandatory Unsecured Credit Payoffs as HOEPA Finance Charges." Winners were announced during the ABA's Annual Meeting in Chicago. Sharpe will receive $1,000 for his second-place award, and the Law School will receive a matching amount to be used for expanding the business law offerings in the Law Library.

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New Faculty Offer Innovative Courses

William Henderson Two courses, offered in 2004-05 by new faculty members Bill Henderson and Kevin Collins, are breaking ground in legal education. Professor Henderson's course, The Law Firm as a Business Organization, examines a novel and important topic that is rarely discussed in law schools: that law firms are businesses that exist in an increasingly more competitive legal marketplace. This course offers an overview of the historical, economic, and sociological factors that have shaped, and continue to shape, that marketplace. Discussion topics include the economic factors driving the growth of large law firms, law firm "business models" and the incentive structures that affect relationships and behavior within a firm, the trend toward outsourcing legal services to non-U.S. lawyers, and the continued economic viability of small law firms and solo practitioners. "Ideally, students leave this course with a framework for balancing the dual demands of commercialism and professionalism," Henderson said.

Kevin Collins Professor Collins's course, Law and the Architecture of Urban Planning, examines the legal and architectural regulation of community in the contemporary urban and suburban built environments. The course looks at examples of how the law influences the ability to interact in the urban environment. The course also examines how architecture, including geography and the constraints of the built environment, fosters or inhibits certain types of social interaction, and how the law, in turn, regulates the form of the built environment.

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Academy of Law Fellows Nominations Sought

Nominations are currently being solicited for the Academy of Law Alumni Fellows. Founded in 1985, the Academy of Law Alumni Fellows recognizes Law School graduates who have distinguished themselves and the school through personal achievements and dedication to the highest standards of the profession. New members will be inducted into the academy during a formal dinner that will take place on April 7, 2006. Induction into the Academy of Law Alumni Fellows is the highest honor the School of Law bestows upon its graduates. Nominations, which can be submitted through September of 2005, must be in writing, and should include biographical information and other information supporting the selection of the nominee. For more information and the nomination form, visit the alumni awards Web site.

Last Chance to Support the 2004-05 Fund for Excellence

There is still time to contribute to the Law School's annual giving program, the Fund for Excellence. Please make your contribution by June 30 to be recognized in the next Dean's Report. State funding and tuition combined now pay for little more than the building and salaries. Therefore, every gift—at any level—is critical to the Law School's ability to maintain and improve crucial programs and services, such as law journals, moot court, and scholarships. Make a donation online or send a check to Indiana University School of Law—Bloomington, Indiana University Foundation, P.O. Box 2298, Bloomington, IN 47402.

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New Faculty Publications

Dean Lauren Robel recently published Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process (Newark: LexisNexis, 2005) (co-written with Arthur Hellman). The first new casebook on federal jurisdiction in more than a decade, the book blends the traditional focus on issues of federalism, separation of powers, and institutional competence, with a new focus on preparing students to be effective lawyer-litigators. "Lawyers are goal-oriented," said Robel. "From their perspective, judicial federalism is important because it sets up four possible goals: getting into, or staying out of, federal court; and gaining the benefit, or avoiding the detriment, of federal law. The book concentrates on providing the doctrinal and practical education that will enable lawyers to identify and pursue these goals effectively in the service of their clients."

Professor William Popkin published the fourth edition of his widely-adopted casebook, Materials on Legislation (Foundation Press, 2005). Popkin also authored "Interpreting Conflicting Provisions of the Nevada State Constitution," 5 Nev. L. J. 308 (2005).

Professor Elisabeth Zoller is the editor of a new book, La Conception Americain de La Laïcité (Dalloz, 2005), which features contributions from Professor Daniel Conkle and Zoller herself.

Professor Craig Bradley authored "Court Sniffs at Dog Search Concerns," 41 Trial 62 (April, 2005).

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Faculty in the News

Professor Craig Bradley was quoted in the Louisville Courier-Journal.

Professor Fred H. Cate was quoted in the ABA Journal.

Professor Kenneth Dau-Schmidt was quoted in the Louisville Courier-Journal.

Professor Charles Geyh was interviewed about the judiciary on National Public Radio's To the Point and on WXNT Radio News in Indianapolis. Geyh was also quoted in the Wall Street Journal, the National Law Journal, the Baltimore Sun, and the Bloomington Herald-Times.

Professor Donald Gjerdingen was quoted about the Kennedy Clause in the Boston Globe.

Professor Joseph Hoffmann was quoted in the Boston Globe about the No Doubt bill recently introduced by the governor of Massachusetts. Hoffmann discussed retirement speculations about Chief Justice William Rehnquist on CNN.com. He was also quoted in the National Law Journal about organ donation for death row inmates.

Professor Dawn Johnsen was quoted about the Reagan-Meese agenda in the Boston Globe and about Supreme Court Justice Antonin Scalia in the Christian Science Monitor.

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