A newsletter for friends of the Indiana University School of Law—Bloomington • March/April 2007 (Vol. 5, No. 2)

Dean Lauren Robel and Professor Song

Dear Friend,

Indiana Law faculty has been hopping across the globe over the past couple of months. We continue to reach out globally to our international students and alumni, as well as to ensure we bring global perspectives to our research and scholarship. I recently returned from China, where I met with alumni and admitted students, as well as partner institutions in Shanghai and Hangzhou. Professor Joseph Hoffmann spent time in Bangkok teaching classes at Assumption University. In the last two weeks, our School welcomed scholars, practitioners, and government officers from five continents and many disciplines for two conferences. And this month, we play host to many events with international appeal.

On April 10, Professor Fred Cate leads "U.S. Document Production and International Data Protection," a workshop he organized for leading multinational U.S. companies and law firms to address the policy implications of the conflicting U.S. Rules of Civil Procedure and European and other national data protection laws. Professor Fred Aman, who soon heads to Suffolk University Law School where he will serve as dean, hosts "Democracy and the Transnational Private Sector," the 2006-07 Indiana Journal of Global Legal Studies conference. Scholars will examine how the transnational private sector makes and enforces laws and policies that affect issues once deemed to be primarily within the state's domain.

On April 5 in the Moot Court Room, the Law School presents Center for Law, Society & Culture's 2007 Spring Symposium: "Presidential Power in an Age of Terror." The symposium will examine the current debates about presidential power in the United States. Professor William Scheuerman, political science, delivers the keynote address "Presidentialism and Emergency Powers After 9/11." This symposium should produce some very interesting discussion.

Professor Charles Geyh, a nationally recognized scholar on issues involving the judiciary, has been named the first John F. Kimberling Chair in Law. Professor Geyh presents a public lecture to inaugurate the chair on April 13. That lecture is titled "Preserving Public Confidence in the Courts in an Age of Individual Rights and Public Skepticism." That same evening, we will induct our 2007 Academy of Law Alumni Fellows. The ALAF induction ceremony is always a proud event, honoring our alumni who have brought distinction to Indiana Law. A highlight of the evening will be the the IU Foundation's presentation of its President's Medal to Michael S. Maurer, JD'67, for his many contributions to the Law School and the University.

I hope you will be able to join us for these wonderful events.

All my best,

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

Indiana Law Inducts Academy of Law Alumni Fellows, Honors Maurer, JD'67

On April 13, the Law School holds its annual Board of Visitors Meeting and Academy of Law Alumni Fellows Induction Ceremony and Dinner. This year we welcome Linda Chezem, JD'71; V. William Hunt, JD'69; George P. Smith II, JD'64; Milt Thompson, JD'79; and John Tinder, JD'75, into the Academy.

Sylvia McNair

Established in 1985, the ALAF recognizes alumni who are distinguished in their careers and personal achievements and dedicated to the highest standards of the legal profession. With careers ranging from U.S. senators to federal judges to managing partners of national law firms, Academy Fellows enhance Indiana Law's reputation as a top-notch institution. Induction into the Academy is the highest honor Indiana Law bestows upon its graduates.

In conjunction with this celebration, attorney and entrepreneur Michael "Mickey" S. Maurer, JD'67, will receive the IU Foundation President's Medal. The President's Medal recognizes Maurer's extraordinary service, loyalty, and leadership to the Foundation and Indiana University. "Mickey's support of the Law School is truly outstanding, and we congratulate him on receiving this prestigious award," said Dean Lauren Robel.

Two-time Grammy Award-winner Sylvia McNair, a senior lecturer at the Jacobs School of Music, will perform during the event. McNair was awarded a 1993 Grammy for a recording of Handel's Semele and a 1996 Grammy for The Echoing Air: The Music of Henry Purcell. Her career highlights include performances for Pope John Paul II at the Vatican and for Hillary Clinton, as well as a recital at the U.S. Supreme Court by special invitation from Justice Sandra Day O'Connor.

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Alumnus Receives Magazine's 'Rising Star' Award

Rainier Gonzalez Rainier Gonzalez, JD'98, chief executive officer of Pacer Health Organization in Miami, was selected as Hispanic Business magazine's "Rising Star Entrepreneur." Pacer Health Corporation is an owner-operator of acute care hospitals, medical treatment centers, and psychiatric care facilities serving non-urban areas throughout the Southeast.

Each year, Hispanic Business honors the nation's top Hispanic leaders in the categories of "Heavy Industry," "Hispanic Women," "Info-Business," and "Rising Star." Gonzalez, who has been Pacer's chairman and CEO and helped found the company in 2003, received the award for his outstanding efforts in growing Pacer Health to a $30 million company with more than 400 employees in three short years.

"I am humbled and honored to receive this prestigious award," Gonzalez said after hearing the news. "This is truly an award for Pacer and its employees as it represents our ongoing success over the past three years. We have an outstanding team of individuals who have helped the company during this time. We look forward to the challenges and opportunities 2007 will bring as the company continues to grow."

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Teb's Troops' Second Annual 'A Call to Arms' Fundraising Event

tebs troops logo Teb's Troops presents its second annual "A Call to Arms" fundraising event from 6 p.m. to 8 p.m. on Saturday, April 21, at Blu in Indianapolis.

The event benefits organizations that support the treatment, prevention, and research of cancer, including melanoma. This year's goal is $25,000. Last year, the event was sold out in five short days and was attended by more than 150 supporters who helped Teb's Troops more than double its initial goal, generating more than $20,000. Purchase your ticket online or by contacting Jennifer Gilbert. Tickets cost $85 per person. Or help the cause by donating items for the silent auction. To sponsor the event, submit paperwork as soon as possible.

Teb's Troops is a not-for-profit organization started after Tricia E. Black, JD'01, or "Teb" as she was known by her friends and family, was diagnosed with stage IV metastatic melanoma. She lost her brave battle July 11, 2006.

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Alumnus Lampoons Alabama Politics in New Book

Robert Ely, JD'83, an associate professor of English at Alabama State University and an attorney in private practice in Montgomery, Ala., satirizes contemporary Southern politics and culture in his new novel, Hallelujah, Alabama! The novel centers around an Alabama lawyer and professor of literature who discovers a curious, old land deed and sets out to right an old wrong.

Ely is a former journalist, textbook author, and the author of two books of verse, Encanchata and the nationally acclaimed Mose T's Slapout Family Album. He describes his new novel as a "happy love song to Alabama, a place which has always seemed a vast conspiracy to make me happy."

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Indiana Law Hosts Conferences with Global Influence

Constituting Equality Two recent Indiana Law conferences brought together leading faculty, interdisciplinary scholars, and international guests for important legal debate. On March 23 and 24, "Constituting Equality: Comparative Constitutional Law and Gender Equality" a distinguished group of panelists — including representatives from Burma and Liberia to France and Australia — debated constitutional mechanisms for promoting gender equality. Panels addressed constitutional protection for customary and religious law on gender equality; electoral gender quotas and women's commissions; substantive constitutional rights of particular concern to women, such as reproductive rights; constitutional incorporation of international law; and the role of women in the process of constitution-making.

Conference March 29-30 Latino/a professors and practitioners from across the country tackled some of the most pressing challenges facing today's Latino community during "Latinos and the Law: Is Our Past Also Our Future?" on March 29 and 30. Topics included immigration, human rights, and civic participation. An interdisciplinary group of prominent scholars and practitioners discussed these and related issues central to the Latino experience with a forward-looking focus, considering how lessons of the past may inform future discourse, law, and policy. Look for resulting research to be published in the Harvard Latino Law Review.

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Reichard Rocks 2007 Singing for Summer Salaries

Cynthia Reichard Professor Cynthia Reichard's cheeks flushed cherry red as she approached center stage of the Law School's Moot Court Room. Then the former rocker-turned Legal Research and Writing professor propped her guitar on her knee and thrilled the crowd with "I Think I'm Gonna Die, and I Know I'm Gonna Flunk," a song she penned during her years at Indiana Law.

Reichard, a 1984 alumna, was this year's lucky — or unlucky — Singing for Summer Salaries winner. The annual event raises funds for Indiana Law student scholarships. The Public Interest Law Foundation offers monies to students spending the summer working for nonprofit organizations or action groups. For two weeks, cash was deposited into jars bearing the names of professors and deans willing to stand up and sing. The final day of the collection, students, faculty, and staff poured into the Moot Court Room to make final bids until the professor garnering the most money — Reichard totaled more than $1,800 — croons for the crowd.

Competition was fierce this year as contenders with low totals dropped from the running. Students dug for change or cash, and high-rolling professors brought out the big guns. In the end, Professor Luis Fuentes-Rowher narrowly escaped, coming in just shy of the win.

With the School's matching donation, the event's efforts will total more than $8,000. And though Reichard's lyrics pay a humorous tribute to the difficulty of law school, funds raised to see her sing them can help some of the more than 40 percent of first-year students who will complete a public interest internship this summer.

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Stanford Professor Presents Harris Lecture

Pamela S. Karlan Stanford law professor Pamela S. Karlan, the 2007 Addison C. Harris Lecturer, presented a lively lecture on "The Establishment and Free Exercise Turns in the Law of Democracy" Feb. 16. She earned a standing ovation for her talk, which compared religious freedoms and separations with voting practices in the United States.

Karlan is the Kenneth and Harle Montgomery Professor of Public Interest Law at Stanford Law School and co-director of the school's Supreme Court Litigation Clinic. She clerked for Justice Harry Blackmun; served as assistant counsel at the NAACP Legal Defense Fund, where she specialized in voting rights litigation; was a member of the California Fair Political Practice Commission; and completed extensive pro bono litigation representing civil rights and civil liberties groups, minority voters, and elected officials prior to her work in academia.

The annual Harris lecture is named for Addison C. Harris, a Wayne County native and former professor and president of the Law School (1899-1904). Established by his widow, India Crago Harris, the lecture seeks to instruct "lawyers and students of the law in the higher and more advances questions and theories thereof." Past Harris lecturers have included some of our nation's most distinguished scholars.

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Lewis Building Wins Downtown Revitalization Award

The Lewis Building earned the 2006 Downtown Revitalization Award for New Development in Bloomington, Ind. Owned and developed by Indiana Law alumnus Elliot R. Lewis, JD'87, the Lewis Building houses three commercial properties on its ground floor, with Indiana Law clinics and legal research and writing faculty offices occupying the second and third floors. The award will be presented at the Downtown Bloomington Inc. ceremony on Wednesday, April 4.

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PILF Group Makes Emotional Hurricane Relief Trip

PILF group in Biloxi, Miss."We arrived at night. The casinos were all lit up, and everyone was commenting that the area looked pretty good," third-year Indiana Law student Katie McCauley Molter said. Those first impressions of Biloxi, Miss., faded in the morning light. "We woke up the next day, and it literally looked like the storm hit the night before. It was shocking."

McCauley Molter, Professor Amy Applegate, and 16 members of the Public Interest Law Foundation spent a week of winter vacation pitching in for Mississippi's storm survivors.

More than one year after Hurricane Katrina hit, lingering spray paint markers, splintered buildings, and battered spirits mark a region waiting — often on insurance claims, government aid, or physical oomph — for rebirth.

After making camp at Our Lady of Fatima convent, the team divided labor. Half of the group donned white suits and gas mask to scrub mold and rehabilitate homes as volunteers for the Hands On Network. Applegate joined the remaining students on a Mississippi Center for Justice (MCJ) crew that canvassed neighborhoods to inform residents about available services and survey them about the help they'd already received.

Students talk with Biloxi residents about post-Katrina legal issues."Everyone had a story," McCauley Molter said. With each trailer door knocked on, emotional storytelling about the tragedy unfolded. Many invited Indiana Law volunteers into their homes. "It was very satisfying. We weren't doing research or writing memos, but we were educating people in real need about aid and their rights."

"Although everyone I interviewed had a roof over their heads, they are living, for the most part, in difficult conditions, and it's been well over a year since the hurricane," Applegate wrote in the group's online journal.

MCJ estimates that thousands of families are living in damaged or temporary housing, while others populate a new segment of homeless poor in the state.

Applegate said it was hard for the crews to leave a place still in such desperate need. "It's hard to leave a place where everyone seems so vulnerable — we heard tales of people being defrauded out of the little aid they had received. It's hard to leave behind people who are so tired, desperate, and living in terrible situations, but so grateful for the kindness of strangers."

This is the second trip Indiana Law students have made to the storm-torn region, and students are considering a return to the area. Read reflections from the group's journey in their online journal.

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Bell Participates in Town Hall Meeting on New Orleans

Jeannine Bell Professor Jeannine Bell served on a panel discussing "New Orleans: Then and Now" at IU's Neal-Marshall Black Culture Center. The meeting helped raise awareness of the continuing problems resulting from Hurricane Katrina.

"There is a great deal of complexity surrounding race, class, and rebuilding efforts," Bell said. "What most don't know about New Orleans is that the devastation was so indiscriminate. It leveled and spared homes of rich and poor alike. Consequently, there are people of all races, social classes, and backgrounds stuggling to rebuild. The insurance and political situations have complicated the difficulty of nearly everyone in the city."

Bell, who is the author of Policing Hatred: Law Enforcement, Civil Rights and Hate Crime, was joined on the panel by a retired high school principal and former associate superintendent of New Orleans Public Schools; a New Orleans native and Teach for America member who has taught for the past year in New Orleans; and two IU students, who have made several service trips to the Gulf Coast.

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In Memoriam: Judge Robert A. Pete, JD'77

Lake County Superior Court Judge Robert A. Pete, JD'77, died March 6. He was 54.

The Gary, Ind., native began his law practice in 1977, working as a private attorney for 22 years with firms in Crown Point and Gary. He later served two years as commissioner of the Superior Court and, since 1999, as magistrate in the county's Gary courtroom. He presided over the Hammond court for five years.

He was active with Legal Aid Society pro bono programs, the Latin American Family Education Program, and served on the Lake County Child Abuse Prevention Council. "Bob Pete was an excellent judge and an excellent human being," Lake Superior Court Judge Julie N. Cantrell said. "He was somebody I could always go to when I had a question or needed to vent."

He is survived by his wife, Judith, and their four sons.

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Alumni Events

chicago

Save the Date: Summer in the City Dreaming of warm June days? We are too! Join Indiana Law faculty and staff in June for Indianapolis, Chicago, and Washington, D.C., alumni events. Celebrate and welcome new graduates and summer interns settling down in your area. Details coming soon to the Web site.

Call for Nominations: 2007 Distinguished Service Awards Do you know an IU School of Law—Bloomington alumnus who deserves a Distinguished Service Award? Indiana Law is now seeking nominations. Founded in 1997, this award recognizes graduates of the School who have distinguished themselves in service to their communities and the School. This year's recipients will be honored at a reception in Bloomington on Oct. 6. For a nomination form, go online or contact Andrea Havill at (812) 855-3015 or via e-mail (ahavill@indiana.edu). Nominations are due April 13.

JD/MBA Event in Chicago a Success Graduates from the Law School and the Kelley School of Business met at Bin 36 for an evening of wine tasting and good conversation during Indiana Law's inaugural JD/MBA networking event in the Chicagoland area. The Indiana Law Society of Chicago and the Kelley Chicago Chapter worked together to make this Feburary event a success for the 90 people who attended.

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Faculty News

On March 23 at the Equal Justice Conference in Denver, Professor Amy Applegate presented "Busting the Myths Preventing Effective Use of Mediation by Legal Aid and Pro Bono Programs." This was an interactive, panel-led discussion of the myths and misconceptions that limit the use of pro bono mediation resources by legal services and pro bono organizations and programs. Her comments focused particularly on the value of mediation to economically disadvantaged individuals, and whether and under what circumstances mediation can be appropriate in situations where there is evidence or allegations of domestic violence in a family relationship.

Professor John Applegate spoke about "REACH: Europe's New Approach to Toxic Substances Control" at the Duke University Integrated Toxicology and Environmental Health Program seminar series on Feb. 9.

Professor Patrick Baude's book, Judicial Jurisdiction: A Reference Guide to the United States Constitution, was published by Praeger Press on Feb. 28.

On Jan. 26, Professor Jeannine Bell presented at the Critical Legalities Symposium: Workshop on Race, Ethnicity and Inequality. She was recently appointed an associate editor of the Law and Society Review and her presentation focused on identifying cutting-edge questions in the research on race, ethnicity, inequality, and the law for an upcoming issue of the Review.

Professor Douglass Boshkoff's latest article, "Constructive Haiku and the Law of Contracts," will be published in the Arizona State Law Journal later this spring.

A new casebook written by Professor Craig Bradley, was recently published by West Law School Publishing. Criminal Procedure: Recent Cases Analyzed covers a range of topics from investigation of criminal cases through habeas corpus review. In the book, Bradley analyzes the leading Supreme Court criminal procedure cases from the last seven years. It is drawn from his bi-monthly column from Trial Magazine, the magazine of the Association of Trial Lawyers in America. It provides insight into both the workings of the Supreme Court and how each case fits into the body of criminal procedure law.

On Feb. 8, Professor Kevin Brown delivered a lecture to start Black History Month at Duke Law School titled "What is the Purpose of Black History Month."

Hannah Buxbaum Serving as chair of the Conflicts Section of the AALS, Professor Hannah Buxbaum organized and moderated a panel discussing "Recognition of Same-Sex Marriage: Conflicts Law and Public Policy in a Globalizing World" at the section meeting in Washington, D.C. Her paper, "Territorialism and the Resolution of Jurisdictional Conflict," was selected for presentation at the second annual Michigan-Illinois Comparative Law Work-in-Progress Workshop held Feb. 8-10. She presented a paper, "Transnational Securities Litigation: The Rise of the Global Class Action," at a faculty workshop at the SMU College of Law.

Professor Kevin Collins presented his paper, "Propertizing Reflexive Acts of Thinking: Did You Mean to Think That?" Jan. 26 at the Intellectual Property Scholars Roundtable at Michigan State University. He participated in a faculty workshop on "Propertizing Thought: Two Concepts of Infrastructure" on Feb. 12 at the Benjamin N. Cardozo School of Law in New York. He served as an invited conference panelist on "The Future of Patent Reform" at Ohio State University on Feb. 23.

Professor Dan Conkle has published two law review articles: "Three Theories of Substantive Due Process," 85 N. Car. L. Rev. 63 (2006); and "Religious Expression and Symbolism in the American Constitutional Tradition: Governmental Neutrality, But Not Indifference," 13 Ind. J. Global Legal Stud. 417 (2006). He has also published three articles in the Encyclopedia of American Civil Liberties (Paul Finkelman, ed.; Routledge, 2006), addressing "Moment of Silence Statutes," "Wallace v. Jaffree," and "Witters v. Washington Department of Services for the Blind."

Professor Ken Dau-Schmidt chaired the meeting of the Labor Law Group in Washington, D.C., Jan. 9. The following Encyclopedia entries were also published: "Economic Models, in The Encyclopedia of Law and Society: American and Global Perspectives" (D. Clark Editor, 2007) and "Economic Analysis of Labor Law, in The Encyclopedia of Law and Society: American and Global Perspectives" (D. Clark Editor, 2007)(with J. Gibbs).

Professor Joshua Fairfield co-wrote "Dragon Kill Points: A Summary Whitepaper," which was recently a top 10 SSRN quarterly download and has been well received by academics and the gaming community.

Professor Rob Fischman has a new article out in the Stanford Environmental Law Journal on the 2006 management policies for the National Wildlife Refuge System. These fairly controversial agency manual provisions raise substantive issues about how to achieve conservation goals on the refuges. They also raise interesting administrative law questions about whether courts ought to bind the agency to the new policies. The article addresses both sets of issues and tries to connect them with broader trends in public land law.

Charles Geyh Professor Charles Geyh wrote "Rescuing Judicial Accountability from the Realm of Political Rhetoric," 56 Case W. Res. L. Rev. 911 (2006) and "Why Courts & Congress Collide—and Why Their Conflicts Subside," 7 Insights on L. & Soc. 7 (Fall 2006). On Feb. 9, he delivered the keynote address at the annual meeting of the National Conference of Bar Presidents and the National Association of Bar Executives in Miami. On Feb. 12, the American Bar Association approved a new Model Code of Judicial Conduct; the Code was promulgated by the ABA's Joint Commission to Evaluate the Model Code of Judicial Conduct. Geyh has served as co-reporter for the commission since 1993. This is the third time that the Code has been revised since its creation in 1924.

Professor Sarah Jane Hughes presented at the Winter Working Meeting of the Cyberspace Law Committee of the ABA on the regulation of stored value cards, the new internet gambling payments law, and other AML issues concerned with electronic payments products. She participated in the Working Group on Global E-Commerce, a regular committee assignment, that helps fashion U.S. policy that the Office of the Legal Adviser at the Department of State uses in negotiations with Uncitral/UNDP, with the Organization of American States on a consumer protection protocol for cross-border e-commerce disputes, and in the subcommittee on privacy and data security. She also chaired a panel at the American Bar Association Spring Meeting on the evolving regulation of stored value and e-money in the European Union. Her article, "Developments in the Law Concerning Stored Value and Other Prepaid Payment Products," appeared in the December 2006 issue of The Business Lawyer.

Professor Dawn Johnsen served as a panelist at the Association of American Law Schools Annual Convention, "Emerging Issues in Reproductive Rights, " in Washington, D.C. She was also a panelist on national security at the UCLA School of Law Symposium on "Constitutional Niches: The Role of Institutional Context in Constitutional Law" (article forthcoming in UCLA Law Review symposium issue). She also served as a speaker at the Norman Amaker Social Justice Retreat (sponsored by SALT) at the Bradford Woods Retreat Center on Feb. 24. Her talk followed a screening of Quiet Revolution, a short documentary inspired by her work about the state of the judiciary.

Professor Leandra Lederman published "Do Attorneys Do Their Clients Justice? An Empirical Study of Lawyers' Effects on Tax Court Litigation Outcomes," 41 Wake Forest L. Rev. 1235 (2006) (with Warren B. Hrung).

On March 21, Professor Mark Need gave a CLE presentation titled "The Lawyer's Role in Developing a Business Plan" for the Indianapolis Bar Association.

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Recent Faculty Media Hits

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