A newsletter for friends of the Indiana University School of Law—Bloomington • August 2005 (Vol. 3, No. 7)

Indiana Law

Dear Friend:

We are delighted to be starting another academic year, and we are blessed with another extraordinary class. The JD Class of 2008 hails from 30 states and two foreign countries. Twenty-three of our students have advanced degrees, and 83 have engaged in graduate study. The Class of 2008 represents 108 colleges and universities. The students have a median LSAT at the 90th percentile and a median GPA of 3.46. They have studied and lived on every one of the inhabited continents. Twenty percent have backgrounds in science and engineering, reflecting the increasing importance of intellectual property. Ten have degrees in philosophy, and 17 are already seeking joint degrees.

Indiana Law Members of the class have worn or currently wear the uniform of each branch of our nation's armed services, and three of them, combat veterans, continue to serve the nation in uniform and will return to the Army as judge advocates. Three are working journalists who have covered the news in markets from Taipei to Cairo to Bloomington. The class includes a television actor, a full-time rodeo contestant, a professional baseball player, and an entrepreneur who sold his company to make time for law school. It includes a Peace Corps volunteer, several Americorps members, and several students who have spent two years teaching in America's inner-city schools through the Teach for America program. It includes several musicians, a former secret service agent, a U.S. Soccer Federation referee, a firefighter, and several eagle scouts.

These JD students are joined by our new class of international graduate students, who hail from Egypt, South Africa, Bolivia, Brazil, Colombia, Mexico, Venezuela, Guinea-Bissau, Burma, China, Taiwan, India, Indonesia, Korea, Thailand, Turkey, Germany, Spain, Ukraine, and New Zealand. Among these graduate students are a retired army officer, a senior economist, an editor, a manager at the Korea Stock and Futures Exchange, the executive director of human rights for the Arab Program for Human Rights Activists in Egypt, three Fulbright scholars, one Muskie Fellowship recipient, two law professors, and many, many working lawyers.

This mix of backgrounds, histories, disciplines, and countries is sure to enrich the study of law.

All my best,

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

President Bush Appoints Alumna to Chief Counsel Position

Julie Nelson President George W. Bush appointed Julie A. Nelson, JD'97, as chief counsel for the U.S. Department of Transportation's Maritime Administration (MARAD). Nelson, who has extensive experience in the maritime industry and in admiralty law, joins MARAD from Oceaneering International, Inc., an ocean engineering development group, where she served as general manager and maritime/contracts attorney.

From 1998 to 2003, Nelson served as general counsel and general manager for Nauticos Corporation of Hanover, Md., also an ocean engineering firm. Nelson previously worked at the Pentagon as an intelligence research analyst and program manager for the U.S. Navy. She then worked as a law clerk at the Superior Court of Arizona in Mesa; as a litigation associate for Anderson McPharlin & Connors in Los Angeles and Riverside, Calif.; and as a graduate law clerk with Terriberry Carroll & Yancey in New Orleans.

Nelson received her BGS in 1994 from Indiana University and did graduate study in European Union law and government at the Ecole National D'Administration in Paris. After receiving her law degree at Indiana, she received an LLM in admiralty with distinction from Tulane University School of Law, where she was a Maritime Law Fellow and graduate advisor for the Tulane Maritime Law Journal. Nelson was on active and reserve duty with the U.S. Navy from 1981 to 1989.

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Fisher Named Indiana's First Solicitor General

Indiana Attorney General Steve Carter has named Thomas M. Fisher, JD'94, to the new position of solicitor general. As the state's first solicitor general, Fisher will be assigned specific cases of constitutional challenges and other cases with issues of vital interest to state government. He will also review and make recommendations to the attorney general on the state's participation in filing or signing amicus curiae briefs. Fisher has been with the Attorney General's Office as special counsel since February of 2001. He previously worked in private practice in Indianapolis and Washington, D.C.

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"Teb's Troops" Rally Around Alumna

Tricia Black Tricia E. Black, JD'01, or "Teb" as she is known by her friends and family, was recently diagnosed with Stage IV metastatic melanoma. At the time of her diagnosis, Black was 29 years old and living in Indianapolis with her husband, Michael, and 9-month-old son, Sam. Wanting to effect something positive from her experience with cancer, Black rallied her "troops" to create and design a bracelet that would be sold through a nonprofit organization that supports cancer treatment, prevention, and research. Indiana Law alumni are invited to join the troops and to read about Black's trials and successes through the "Teb's Troops" Web site.

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Holy Comics Collection! Batman Producer to Visit Campus

Michael Uslan Michael Uslan, JD'76, president of and producer for Branded Entertainment, will return to Bloomington Sept. 12-15 for the opening of the Michael Uslan Comic Book Collection at the IU Lilly Library. Uslan's gift to the Lilly Library includes 25,000 DC, Marvel, Dark Horse, and CrossGen comics, which he pledged to add to every year. To coincide with Uslan's campus visit, the Union Board will host a series of Batman-related events. Screenings of Batman and Batman Begins will take place at 8 p.m. on Sept. 8, 9, and 10 in Whittenberger Auditorium. "Alumni who haven't yet seen Batman Begins should pay attention to the Wayne Foundation building in Gotham City," said Leonard Fromm, associate dean for students and alumni. "Uslan showed his school spirit by subtly incorporating the IU logo into the 'W' on the top of the building."

On Monday, Sept. 12, Uslan will present a public lecture at 8 p.m. in the Indiana Memorial Union's Alumni Hall. During his busy schedule on campus, Uslan will meet with students from the Law School on Sept. 12 and Sept. 15 to talk about his career and participate in classes.

Uslan, the author of numerous books, including Dick Clark's First 25 Years of Rock and Roll and The Rock 'N Roll Trivia Quiz Book, has written his first children's book, Chatterbox: The Bird Who Wore Glasses, which will be published in December.

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Governor Appoints Professor Cate, 2L Cox to Key Posts

Fred H. Cate Indiana Governor Mitch Daniels has appointed Professor Fred H. Cate to a two-year term as a full-time faculty representative to the Indiana Commission on Higher Education.

"Public institutions of higher education face an expanding array of increasingly difficult challenges," said Cate, distinguished professor of law and director of the IU Center for Applied Cybersecurity Research. "I am honored to have the opportunity to try to help address those on the state level as the only academic member of the Indiana Commission for Higher Education."

Daniels also appointed second-year law student Casey Cox to a two-year term as a student trustee with the IU Board of Trustees. Cox has served as president of the IU Student Association, as a special assistant for civic engagement with the Division of Student Affairs, and as an undergraduate legislative assistant for Hoosiers for Higher Education.

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Smith Authors Book on Religion and Biotechnology

George P. Smith II, JD'64, is the author of The Christian Religion and Biotechnology (Springer, 2005). Smith's work presents new insights into decision-making in the new "Age of Biotechnology," showing how the interaction of religion, law, and medical science can shape, direct, and inform political processes. The book has been submitted for a Pulitzer Prize in nonfiction. Pulitzer winners and finalists will be announced April 17, 2006.

A professor of law at the Catholic University of America in Washington, D.C., since 1977, Smith is a prolific author and leader in law reform, with an impressive bibliography that includes 14 books and more than 157 law review articles, monographs, book chapters, and essays. He has held 70 academic fellowships at a variety of colleges, universities, institutes, and centers. In 1985, Smith received the IU Distinguished Alumni Award and a citation of honor from the IU Institute for Advanced Study for "his path-breaking interdisciplinary research and writing on medical and biological issues as they relate to law and ethics." Smith received an LLD honoris causa from IU in 1998. A life member of the American Law Institute, Smith has been a consultant to UNESCO's International Bioethics Committee, the U.S. Congressional Committee on Science and Technology, and the New South Wales Law Reform Commission in Australia. He is currently a member of the Law School's Board of Visitors.

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Professor Dau-Schmidt Named Associate Dean for Research

Kenneth Dau-Schmidt Professor Ken Dau-Schmidt has recently been named associate dean for research at the School of Law. The new deanship was created to provide coordination for the planning of academic conferences, faculty workshops, and speakers; to support faculty members on scholarship issues and scholarship plans; and to inform Dean Lauren Robel and Executive Associate Dean for Academic Affairs John Applegate about matters relating to faculty scholarship.

Dau-Schmidt, the Willard and Margaret Carr Professor of Labor and Employment Law, will be responsible for creating forums for intellectual exchange, including students in the intellectual community, and facilitating interdisciplinary research and centers. The associate dean for research serves for a two-year term.

Alumna's Practice Focuses on Animal Rights

Alyce L. Miller, JD'03, has opened a part-time solo law practice that has a primary focus on animal law. "There is a huge market — some of it quite legal — in breeding and selling wild animals like tigers and lions and bears," Miller explained. "Many of these animals end up chained in basements, beaten with clubs, blinded, starved, or killed, because the cute cub becomes an unmanageable and often aggressive and dangerous adult. Federal and state licensing schemes are full of huge gaps and many animals fall through the cracks. They can't pick up a phone and dial 911."

Miller, who is also an associate professor of English at IU Bloomington, has written a law review article, "Invented Cages: The Plight of Wild Animals in Captivity," which is forthcoming in the Journal of Animal Law. Last spring at the Texas Bar Association's Animal Law Institute, Miller presented a paper, "Bless the Beasts and the Children," about the parallels between children's rights and animal rights movements. She recently received a New Perspectives grant from Indiana University to sponsor an interdisciplinary conference in the fall of 2006, "Kindred Spirits," which will include animal law topics. Miller has also written about and will be presenting on the topic of pet trusts for the Hoosier Hills Estate Planning Commission. "A number of lower courts are beginning slowly to acknowledge that domestic animals like cats and dogs are often viewed by their guardians as family members and are worth more than simply their economic value," she said.

The Old Man in the Keys: Professor Schornhorst Emulates Hemingway

Tom Schornhorst Professor Emeritus Tom Schornhorst, a.k.a. "Cap'n Tom," stretched his seafaring legs and donned a red beret amidst the Hemingway hopefuls at the annual Hemingway Days festival on July 21 in Key West, Fla. Writer Ernest "Papa" Hemingway made the island his home for 10 years and in that short time became the man many call "the patron saint of Key West." The Hemingway look-alike contest, which raises money for local student scholarships, is held as a celebration of the writer's birthday.

Hemingway Days Now in its 25th year, the look-alike contest draws dozens of snowy-haired, bearded denizens of the world, many of whom have bribed and cajoled judges for years in hopes of attaining the island's most coveted honor. "The judging criteria are not entirely objective," said first-timer Schornhorst, who intends to enter again next year. "I may have shut myself out of the finals in my 15-second presentation to the judges," added Cap'n Tom, "when I included references to Faulkner and Tolstoy in comparison to 'Papa.' Next time, I'll aim a bit lower."

The contenders included men from South Africa, Hungary, Ireland, Puerto Rico ... and Indiana. This year, a postal service letter carrier from Florida claimed the title. It was his 13th attempt. Until next year, Schornhorst remains our beloved bard in Bloomington, where the sun also rises.

Alumni Weekend to Feature CLE Seminar

Two law faculty will present a Continuing Legal Education (CLE) seminar during Alumni Weekend 2005. The seminar, which will be held from 2 p.m. to 4 p.m. on Friday, Sept. 9, in the Moot Court Room, will feature presentations by Professor Ken Dau-Schmidt on "Income and Job Satisfaction in the Legal Profession: Is the Grass Always Greener for Other Lawyers?" and Professor Jeff Stake on "What's Wrong with the U.S. News Rankings, and Why Should Anyone Care?" The cost of the seminar, which is worth two CLE credits, is $100. For more information, visit the Alumni Weekend 2005 Web site.

Academy of Law Alumni Fellows: Nominations Sought

Barbara Kelley The Academy of Law Alumni Fellows was established in 1985 to recognize Indiana Law alumni who have distinguished themselves through personal achievement and dedication to the highest standards of the profession. Induction into the Academy is the highest honor the Law School bestows upon its graduates. Barbara J. Kelley, JD'73, (pictured) was among the recent Academy inductees who were honored during Alumni Weekend 2004.

Nominations are currently being sought for new Academy inductees, who will be honored at a dinner and induction ceremony at the Law School on April 7, 2006. Nominations are due on Sept. 15. The nomination form is available on the Academy of Law Alumni Fellows Web site.

Alumni Invited to Serve as Moot Court Judges

The Sherman Minton Moot Court competition, a vital Law School tradition, would not be successful without the time, interest, and good will of the competition judges and the valuable and practical comments that they provide to students at oral arguments. The 2005-06 Sherman Minton Moot Court Board invites you to join us this year as a competition judge for the fall rounds.

Moot Court The fall rounds will take place each evening at 6 p.m. and 8 p.m., Monday through Friday, during the weeks of Oct. 10-14, Oct. 24-28, and Oct. 31-Nov. 4. It is always helpful when our judges can sit for both the 6 p.m. and 8 p.m. arguments on their selected evening, but we certainly understand if your schedule permits you to judge only for one or the other. If you are interested in judging on a panel with friends or colleagues, we would be happy to arrange that as well. Many alumni arrange "mini-reunions" at Moot Court competition time.

If you are available to judge the competition on any of these dates, please e-mail the Sherman Minton Moot Court Board at judges@indiana.edu. You may also leave a voicemail message for the board at (812) 855-0227, or write to the board at the Law School's address: 211 South Indiana Avenue, Bloomington, Indiana 47405. Please include your e-mail address and telephone number in your response, and let us know whether you prefer to receive confirmation and your competition materials by mail or by e-mail. Or, register to be a judge online at the Moot Court Web site.

The Fund for Excellence: New Fiscal Year

Many thanks are extended to the nearly 2,000 alumni who made donations to the Law School's Fund for Excellence during our 2004-05 campaign. Our alumni contributors and class volunteers made this annual fund year extremely successful. We raised more than $780,000 from nearly 24 percent of our alumni base (well above the national average of 17 percent for alumni participation rates).

A new fiscal year has begun, and we need your contribution to build on last year's success. Your gift to the Fund for Excellence is an investment in the value of your degree. Essential student programs, including scholarships, law journals, and student organizations, depend on alumni support. Please help the Law School strengthen its standing as a great public law school by making your donation today. Donations may be made online or via mail by sending a check to Indiana University School of Law—Bloomington, Indiana University Foundation, P.O. Box 2298, Bloomington, IN 47402.

Faculty News

Professor John Applegate contributed a chapter, "The Story of Reserve Mining: Managing Scientific Uncertainty in Environmental Regulation," to a recent compilation, Environmental Law Stories (Thompson West, 2005).

Professor Craig Bradley was quoted in several articles about Supreme Court nominee John Roberts, including the ABA Journal, the Chicago Tribune, and the Indianapolis Star.

Professor Kevin Brown was quoted in a Fort Wayne Journal Gazette article titled "Diversity at university: State schools pursue more minority students."

Professor Charles Geyh was quoted in "Cost of judicial races stirs reformers," which appeared on Stateline.org. He also wrote an editorial for the Indianapolis Star titled "The Roberts nomination: Tipping the balance?"

Professor Emeritus William Hicks's latest work, International Dimensions of U.S. Securities Law, has been published as part of the Securities Law Handbook Series (Thompson West, 2005).

Professor Dawn Johnsen recently submitted four essays to SSRN, including her recent article, "Should Ideology Matter in Selecting Federal Judges? Ground Rules for the Debate," 26 Cardozo Law Review (2005). Johnsen was also commissioned by salon.com to write an opinion piece, " Would Roberts respect privacy?"

Professor Jeff Stake was quoted in a New York Times article titled, "The $8.78 Million Maneuver," which also mentioned the "Next Generation of Law School Rankings" symposium held last spring at the School of Law as well as data gathered by Professor William Henderson.

Professor David Williams has been interviewed by several Indiana newspaper, radio, and television stations regarding the recent conference of the Center for Constitutional Democracy in Plural Societies, titled "Constitutional Reform: Burma, Liberia, and Azerbaijan." He appeared on WTIU's Noon Edition, and the conference was also featured on Voice of America and BBC News.

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