A newsletter for friends of the Indiana University School of Law—Bloomington • September/October 2006 (Vol. 4, No. 6)

David Cabrere with Devon and Gabriella at Alumni Weekend 2006 Open House Dear Friend,

Alumni Weekend this past weekend was packed with celebrations. We welcomed Professor Richard Lazarus back to the School for a terrific lecture on "The Making of Environmental Law." Now at Georgetown, Professor Lazarus taught environmental law here in the early '80s and was back to help us celebrate the opening of our Conservation Law Center.

We also celebrated the opening of our new Lewis Building, which houses all of our clinics. We are very proud of the commitment we have made to our students by providing numerous interesting and innovative clinical opportunities that will prepare them well for their careers in law.

DSA recipients Abigail Kuzma, Feisal Istrabadi, and C. Daniel Yates We were pleased and humbled to present three outstanding alumni with the 2006 Distinguished Service Award. Indiana Law alumni Feisal Istrabadi, JD'88, Abigail Kuzma, JD'81, and C. Daniel Yates, JD'73, bring great honor to their communities and the Law School through their unselfish service and commitment to the greater good.

Thanks to all who were able to attend this past weekend.

You have always been vital to our Moot Court program, and this year is no different. I invite you to judge any of the oral arguments, beginning Friday, Oct. 6. To make it easier for you to participate, we've added Saturday arguments. Learn more or register to serve as a judge at the Moot Court Web site.

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

Comparative Criminal Procedure Conference Oct. 6

Expert scholars who authored Criminal Procedure: A Worldwide Study (Carolina Academic Press, 1999; second edition, 2007) come together to discuss "Lessons for Emerging Democracies" on Friday, Oct. 6, beginning at 9 a.m. in the Moot Court Room. Professor Craig M. Bradley will lead participants from around the world in examining global criminal procedure systems.

The event is free and open to the public. Attendees may earn 4.9 Continuing Legal Education (CLE) credits. The charge is $50 for alumni of the Indiana University School of Law—Bloomington and $100 for other lawyers. Free CLE will be available to all presenters. If you are a member of a State Bar Association other than Indiana, CLE will be approved on a case-by-case basis.

Visit www.law.indiana.edu/criminal for schedule and registration details.

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Fidler, Cate, Johnsen Weigh in on Controversial Constitutional Issues

Professors David Fidler, Fred H. Cate, and Dawn Johnsen took the stage for a campus-wide panel event in honor of Constitution Day. Their topic: "Developments in Constitutional Law and National Security: Perspectives on Hamdan, ACLU v. NSA, and the ABA Signing Statement Report."

Professors David Fider, Fred Cate and Dawn Johnsen at a Constitution Day panel, 2006 Though serious, Fidler (Hamdan v. Rumsfeld), Cate (ACLU v. NSA), and Johnsen (ABA Signing Statement Report) offered rousing insights into some of the nation's hottest constitutional debates including the role of international law in modern U.S. government, the detention and treatment of terrorism suspects, the National Security Agency's warrantless wiretapping program, and presidential power in the Bush administration.

Johnsen, who has publicly opposed the American Bar Association's signing statement report, based her discussion on the premise that the Constitution is about more than the courts. Fidler and Cate agreed during the post-presentation question-and-answer session.

"There is this congressional notion of 'we can pass anything, say anything, do anything, and if it's not constitutional, the Supreme Court will tell us,'" Cate said. "It's very hard to see a system as working when the courts are the only level applying checks to balance the system."

The event was sponsored by the Law School, the Indiana University provost's office, and the Indiana Law chapter of the American Constitution Society.

Geyh Testifies Before House Judiciary Committee

Professor Charles Geyh Professor Charles Geyh, an expert in judicial ethics, testified before the House Judiciary Committee on Sept. 21 at a congressional hearing in Washington D.C. A House Judiciary subcommittee is leading the investigation into whether Los Angeles-based federal judge Manuel L. Real should be impeached for assisting Deborah Canter when she faced eviction from her house following her divorce. The Republican-led committee is seeking to impeach the 81-year-old judge.

"This is the first judicial impeachment inquiry that the House Judiciary Committee has initiated in nearly 20 years, and with threats of impeachment at the epicenter of the ongoing debate over judicial independence and accountability, it was a rare privilege to be a part of the process," he said. Geyh is the author of the newly released book, When Courts and Congress Collide: The Struggle for Control of America's Judicial System.

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Cate's Research in High Demand

Professor Fred Cate This past summer, Professor Fred H. Cate was invited to speak before several influential audiences about information privacy and security issues, especially relating to identity theft and national security. He addressed the Chinese Academy of Social Sciences Institute of Law in Beijing; the Seventh Annual Privacy Law Institute in New York City; the ABA Section of Business Law Spring Meeting in Tampa; the LexisNexis Symposium on Government Information Sharing and Data Usage in Washington, D.C.; the American Law Institute Council in Washington, D.C.; the annual Experian Law Conference in Southern California; the International Pharmaceutical Privacy Consortium Board of Directors in Chicago; and the EDUCAUSE Policy Conference on Surveillance in Higher Education in Washington, D.C. In addition, he taught a week-long course on information privacy, security, and homeland defense in the Indiana Graduate Program for Judges.

"Our economy, our efforts to fight crime and prevent terrorism, in fact, our entire society are dependent on personal information," Cate said. "It is no surprise that we are facing increasing challenges to ensure that sensitive information is secure, and a growing debate about the rules governing the collection and use of personal data."

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Brown Shares Research in India

Professor Kevin Brown This summer, Professor Kevin Brown's research took him to the Republic of India. While there, he gave three lectures including "The African-American Perspective on the Benefits of Diversity" delivered at the National Law School of India University in Bangalore, India; "The Contrasting Treatment of Affirmative Action in India and the United States," delivered at the Forum for Dalit Literature sponsored by the Centre for Dalit Studies in Hyderabad, India; and "Debates on Reservations in the Indian Context," at the National Law School of India University in Bangalore, organized by the Center for the Study of Casteism, Communalism and Law.

"The purpose of my journey to India was to meet with the intellectual leaders of the Dalit Movement. An argument can be made that this group of individuals is the most oppressed group of people in human history," Brown said. "My discussions are part of an effort to spur international conversations and cooperation between Dalit intellectuals and African-American intellectuals. By comparing and contrasting the situation of the two groups we both hope to open up new avenues for our collective struggles." Professor Japhet, who Brown hosted at the School of Law earlier this year, arranged the meetings and the accommodations. He is the only Dalit law professor at the National Law School of India University, widely considered India's best law school.

Brown is currently working on an article that compares affirmative action in higher education for African Americans to reservations in higher education for Dalits. He will deliver the paper in London on Nov. 17 at a Conference on Constitutions of South Asia sponsored by John Hopkins University.

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Stewart Lecture: Emeritus Professor William Gould

Emeritus Professor William B. Gould IV, a prolific scholar of labor and discrimination law at Stanford University, will present the first-ever Stewart Lecture at noon on Tuesday, Oct. 31, in the Moot Court Room. His lecture, which will be published in the Indiana Law Journal, is titled "Independent Adjudication, Political Process and the State of Labor-Management Relations: The Role of the National Labor Relations Board."

An influential voice on worker-management relations for more than 40 years, Gould recently served as chairman of the National Labor Relations Board. William Stewart, JD'59, spent 34 years (1963-1997) of his nearly 40-year career of government service at the NLRB. Stewart served as chief counsel to Gould from March 1994 until Stewart's retirement in April 1997. Stewart passed away in February 2004. His legacy is being memorialized at the Law School through the debut of the annual Stewart Lecture and via the establishment of the William R. Stewart Memorial Fund for Labor and Employment Law.

Gould has been a member of the National Academy of Arbitrators since 1970 and has arbitrated and mediated more than 200 labor disputes, including the 1992 and 1993 salary disputes between the Major League Baseball Players Association and the Major League Baseball Player Relations Committee. He is the recipient of five honorary doctorates for his significant contributions in the fields of labor law and labor relations.

The William R. Stewart Memorial Fund for Labor and Employment Law was established with the IU Foundation for the purpose of supporting an annual lecture on labor and employment law. Stewart received numerous recognitions and awards including the President's Award for Distinguished Federal Civilian Service, the highest honor the federal government can bestow on a career civilian employee. He was inducted into the Indiana University Academy of Law Alumni Fellows in 1999.

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Hamilton Co-authors Book on 9/11 Commission

Lee Hamilton at a discussion of one of his books A new book detailing the 9/11 Commission's struggles with Congress and the Bush administration is on the shelves. Without Precedent: The Inside Story of the 9/11 Commission was co-written by Tom Kean, chairman of the Sept. 11 Commission, and vice-chair Lee Hamilton, JD'56.

According to Publisher's Weekly, the book details the commission's fight with Congress for more money and time; its wranglings with the Bush administration to win access to witnesses and classified documents; its delicate relations with victims' families, who were its harshest critics and staunchest champions; its strategic use of public censure to wring concessions from recalcitrant officials; and the forging of a bipartisan consensus among fractious Republican and Democratic commissioners. NORAD, the FAA, and House Republicans get singled out as stumbling blocks to the investigation.

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Long-hidden Message from 1947 Law Grad Found in IMU Wall

While renovating the Indiana Memorial Union in early July, construction workers uncovered a surprise from the past — a 70-year-old makeshift time capsule left by Emerson Keller Elkins, a 1947 Indiana Law alumnus.

He hid a letter and memorabilia inside a plaster wall while working in the Union as an undergraduate. Dated Jan. 15, 1939, his note speaks of Hitler and Mussolini, upcoming World Fairs in New York and San Francisco, and President Franklin D. Roosevelt. Elkins ruminated on life as an IU student and the much-anticipated release of the film, Gone With the Wind.

"What's great about it is that it really, to me, is the story of student life at Indiana University," Loren Rullman, executive director of the IMU, said in a July 2 Bloomington Herald-Times article. "The Union was started by students, it was and remains staffed by students. To me, getting this message in the wall from a student amplifies that."

Elkins, originally from Peru, Ind., died in 1993 at age 75. He served in the Army Air Corps in World War II, attained the rank of major, and later worked for the Federal Trade Commission.

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Faculty Named to Chairs and Fellowships

Professor Charles Geyh, a former Harry T. Ice Faculty Fellow, has recently been named the first Kimberling Chair. The inaugural lecture will be held April 13. Geyh's teaching and scholarship focus on the operation of state and federal courts in relation to the political branches of government and the legal profession.

Several faculty members were named fellows for the 2006-07 academic year: Professor Hannah Buxbaum, Ira C. Batman Faculty Fellow; Professor Jeannine Bell, Charles L. Whistler Faculty Fellow; Professor Jeff Stake, Louis F. Niezer Faculty Fellow; Professor David Fidler, Harry T. Ice Fellow; and Professor Dawn Johnsen, Ira C. Batman Faculty Fellow.

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International Partnerships Advance Global Reach

Indiana Law recently announced its official partnership with China's Fudan University of Shanghai.

Dean Lauren Robel signing an agreement with a partner institution In addition to beginning a student and faculty exchange program, the two universities recently applied for a $1.2 million grant from the U.S. Agency for International Development to fund additional students from Fudan University to study at IU and to invest in a new Center for Comparative Legal Culture.

"This agreement presents a huge benefit for our students, especially when you consider what's been happening around the world politically, economically, and commercially," said Dean Lauren Robel.

Indiana Law is a pioneer in addressing globalization and the law. Just last month, IU and Tsinghua University of Beijing announced the launch of a collaborative research program expected to draw some of China's top science and information technology students. And recently, the Law School joined the Korean Legislation Research Institute and the Ewha Institute for Law and Bioethics in Seoul, Korea, as a research partner in comparative study.

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Alumnus Finalist for National Award

Steve Burns, JD'68, won the state and regional Ernst and Young Entrepreneur of the Year award. He is a finalist for the national competition which takes place in November.

For two decades Ernst & Young and the Entrepreneur of the Year awards have recognized the vital contributions of entrepreneurs — the leaders and creators who build and sustain world-class businesses that are a testament to vision, leadership, achievement, and social responsibility.

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Barnes advises Department of Energy, Serves on National Panel

Professor A. James Barnes Professor A. James Barnes was reappointed to the Department of Energy's Environmental Management Board by Secretary Samuel Bodman and recently was named to a National Academy of Public Administration Panel headed by Louisiana State University President Sean O'Keefe.

As a member of the DOE board, Barnes will help advise the DOE concerning the management of hazardous and radioactive materials as well as the remediation of problems from past disposal or management activities.

The NAPA panel was established after a Congressional request to assess the processes the Corps uses to prioritize its water resource projects and make recommendations for changes. Serious concerns have been raised about the Corps' priorities following Hurricane Katrina last fall.

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Alumna Blue Dies

A 1957 graduate of Indiana Law, Janet Roberts Blue, 73, died Aug. 30, 2006, in Indianapolis. She was admitted to the Indiana Bar Association in 1957 and practiced law with her husband, Sherwood Blue, a 1928 graduate of the Law School who died in 1999, until she began working for the Court of Appeals in 1967. In 1970, she was appointed Commissioner of Court of Appeals of Indiana.

Blue was active in the Indianapolis Symphonic Choir, the Meridian Street UMC choir, the Indianapolis Matinee Musicale, the Meridian Street UMC, the Indiana University Alumni Association, the Indiana State Bar Association, the Indianapolis Bar Association, and the American Bar Association. Blue was bestowed the honor of Sagamore of the Wabash in 1992. She was included in the Who's Who in American Law and enjoyed a long and distinguished career.

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Bill of Particulars Correction

Please note the following correction to the story, "Alumni argue, classes discuss Indiana Court of Appeals hearing," that appeared in the Fall 2006 Bill of Particulars:

In May 2006, the Indiana Supreme Court upheld the ruling of the trial courts in the case of Condra v. Charter One Mortgage Corporation, denying Charter One's motion to dismiss Condra's complaint. Our sincere apologies to Scott Gilchrist, JD'92, who represented Condra for the win.

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Upcoming Alumni Events

The Indiana State Bar Association annual reception will be held from 5 p.m. to 6:30 p.m. on Friday, Oct. 6, at the Indianapolis Marriott Downtown, 350 W. Maryland St., Santa Fe Room, on the second floor.

An alumni and student reception will be held in Washington, D.C., from 6:30 p.m. to 8:30 p.m. on Tuesday, Oct. 17, at Venable LLP at 575 7th St., NW.

Finally, an alumni reception featuring Professor William Henderson will be held in New York City from 6 p.m. to 8 p.m. on Wednesday, Nov. 1, at PricewaterhouseCoopers, 300 Madison Avenue (42nd & Madison).

We hope to see you there!

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Recent Faculty Media Hits

Professor Fred H. Cate wrote an editorial titled "NH gets an overdose of unintended consequences," which ran in the New Hampshire Union Leader. He was also quoted in "IT versus terror," CIO Magazine; "Colleges are textbook cases of cybersecurity breaches," USA Today; "Dehyping identity theft," Slate.com; and "Surging losses, but few victims in data breaches," New York Times.

Professor David Fidler was quoted in "Experiments in bioterror," Fort Wayne Journal Gazette; and "The secretive fight against bioterror," Washington Post.

Professor Charles Geyh was interviewed about his book When Courts and Congress Collide on WPBR 1340. He was also quoted in "Politics & Economics: Federal judges may get tax relief on stock sales," Wall Street Journal, and discussed his book When Courts and Congress Collide on Book TV, C-SPAN2. The same book was reviewed by The Legal Times in "On a collision course: In the fight between Congress and the courts, is judicial independence lost?" He was also featured in the Bloomington Herald-Times in an article titled "Has the judicial branch gone wild?"

Professor William Henderson was quoted in "'No' sometimes means 'later'," National Law Journal.

Professor Dawn Johnsen was quoted in "Group opposes loss of signing statements," Boston Globe.

Dean Lauren Robel was quoted in "IU partners with law school in China," Inside Indiana Business.

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