A newsletter for friends of the Indiana University School of Law—Bloomington • July/August 2007 (Vol. 5, No. 4)

Dear Friend,

lauren robel This spring, Indiana Law faculty adopted the most extensive first-year curriculum change in more than 20 years. Beginning in 2008–09, first-year law students will take an innovative new course on the economics and values of the profession — one that responds to the most important study on legal education in decades. The change came about as a result of the faculty's consideration of a groundbreaking empirical report by the Carnegie Foundation for the Advancement of Teaching, coupled with its examination of the results of Indiana Law's five-year participation in the Law School Survey of Student Engagement. The new course will be the key to successfully melding theoretical and substantive legal understanding with ethical and practical application, beginning with a student's first experiences in law school. Professor Bill Henderson will co-author the text for the course, which will invite greater understanding of the economic and socio-legal structures of the modern legal profession, encourage international comparisons, and promote and inform debate about ethical issues.

As moderator of the Law Firms Working Group — a joint-initiative with the American Bar Foundation — Henderson is leading 38 researchers from around the country in interdisciplinary studies of the legal profession. We are lucky to have this terrific scholar of the profession on our faculty as we unveil our new curricular commitment.

It is an exciting time at Indiana Law. We'll keep you updated as this new program progresses.

All my best,

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

Tinder Nominated to Serve on 7th Circuit

Judge Tinder

The Honorable John D. Tinder, JD'75, was recently nominated by President George Bush to serve on the 7th Circuit Court of Appeals in Chicago. If confirmed, he will be the first jurist with Indiana roots appointed to the 7th Circuit in two decades.

Tinder's nomination will go to the U.S. Senate Judiciary Committee and then to the full Senate for a vote. Upon confirmation, he would have a lifetime appointment under Article III of the U.S. Constitution. Tinder was selected to fill the vacancy left by Judge Daniel A. Manion, who will take senior status.

For 20 years, Tinder has served the U.S. District Court for the Southern District of Indiana in Indianapolis — one of the nation's busiest District Courts. "Judge Tinder is a very intelligent and fair jurist who respects the law and the roles of the various particpants in the cases he hears," said Kathleen DeLaney, JD'95, managing partner of DeLaney & DeLaney in Indianapolis. "He will be a wonderful addition to the 7th Circuit."

His public work knows no borders. He devotes significant time to global legal education programs in England and the former Yugoslavia tackling important legal and ethical issues. He has also hosted judges and lawyers from South Korea, Taiwan, China, Japan, Liberia, Russia, and other former Soviet Republics for meetings on similar topics.

Tinder was recently inducted to Indiana Law's Academy of Law Alumni Fellows in honor of his exceptional personal achievements and dedication to the highest standards of the legal profession.

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Announcing 2007 DSA Winners

For their extraordinary dedication to service of society and community, Indiana Law congratulates three outstanding alumni as recipients of the 2007 Distinguished Service Award.

Lowell E. Baier, JD'64, serves as current president of Baier Properties, Inc., and as executive vice president and president-elect of the Boone and Crockett Club — the nation's oldest wildlife conservation organization. An accomplished attorney, builder, and conservationist, Baier is also a scholar. His work has been instrumental in jurisprudence related to international trade.

Jane E. Raley, JD'82, is senior staff attorney at Northwestern University's Center for Wrongful Convictions and a former assistant Illinois appellate defender. She represented hundreds of indigent felony defendants as an assistant Illinois appellate defender from 1982 until 1997, winning reversals in appellate courts throughout the state and in the Illinois Supreme Court.

Kenneth R. Yahne, JD'68, retired as senior counsel with Lincoln Financial Group after 35 years. Yahne is responsible for the development of the Lincoln Life Pro-Bono Legal Services Program, facilitating the delivery of legal services to those who cannot afford an attorney. He is also co-founder of the Indiana Equal Justice Fund, which has raised hundreds of thousands of dollars to support many of the state's legal assistance programs.

Join us in recognizing these outstanding alumni during a special Alumni Weekend ceremony at 6 p.m. on Friday, Oct. 5.

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Lopez to Receive Distinguished Latino Alumni Award

Art Lopez

Arthur Lopez, JD'83, is the recipient of the 2007 Distinguished Latino Alumni Award. The award honors outstanding achievements by the Latina/o women and men of Indiana University. Lopez will be honored with a ceremony on Saturday, Sept. 15, at the Neal–Marshall Black Culture Center.

Lopez, who is director of the Office of Civil Rights for the Federal Transit Administration, has championed minority and disadvantaged people throughout his career. In 2004, he founded Nadar Por Vida (Swimming for Life). Through the independent, nonprofit corporation, Lopez and other USA Swimming certified coaches and volunteers teach primarily Hispanic, at-risk, economically, and socially disadvantaged children how to swim competitively.

"His devotion to helping others over the past 15 years has been stellar and constant," said Dean for Students and Alumni Affairs Len Fromm.

Look for more on Lopez and Nadar Por Vida in the upcoming issue of Alumni News.

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Buxbaum Named One of Academic Leadership Program Fellows

Hannah Buxbaum Professor Hannah Buxbaum, associate dean for research and Louis F. Neizer Faculty Fellow, was one of five IU faculty members named Academic Leadership Program Fellows for the 2007–08 academic year. The list also includes Professors Matt Auer, Barbara Bichelmeyer, Tom Gieryn, and Genevieve Manset Williamson.

Several faculty with distinguished leadership abilities are selected each year to participate in the Academic Leadership Program, which is sponsored by the Committee on Institutional Cooperation (CIC) — a consortium of the 11 universities of the Big Ten conference plus the University of Chicago.

According to Jeanne Sept, associate vice provost for academic affairs and dean of the faculties, the five were nominated and chosen "because their records of scholarship and significant university service point to their growing achievements as academic leaders."

Buxbaum's research focuses on private international law and international litigation and jurisdiction, and she publishes widely in both U.S. and European journals. She is a recipient of the Leon H. Wallace Teaching Award and has twice won the Gavel Award for outstanding contribution to the graduating class. Buxbaum has taught as a visiting professor at the universities of Cologne, Kiel and Nurnberg-Erlangen, and at the San Diego Institute for International and Comparative Law in London. She is a member of the Executive Council of the American Society of International Law, the American Society of Comparative Law, the Association of American Law Schools, and the American Law Institute.

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Herring to Hold 2007 George P. Smith, II Distinguished Visiting Professorship–Chair

Jonathan Herring University of Oxford Professor Jonathan Herring will hold Indiana Law's George P. Smith, II Distinguished Visiting Professorship–Chair from Aug. 25 through Sept. 15. A public lecture is set, tentatively, for noon on Wednesday, Sept. 12, in the Moot Court Room.

Distinguished in his field, Herring served as a Fellow in Law and Director of Studies at New Hall, Cambridge, and a Lecturer in Law at Christ Church, Oxford. He is presently a Fellow at Exeter College where he has been since 1999.

Herring's widely published research addresses criminal, family, and medical law issues. He is the author of leading texts in family and medical law, and his research in these areas covers hot-button topics including the regulation of pregnancy and enforced medical treatment; the medical and legal definition of sex; issues surrounding human cloning; and the intersections of family law and human rights.

His criminal law work focuses on issues such as mistaken consent to sexual relations, crimes against corpses, and failures of parents to protect children from death.

George P. Smith, II Inaugurated in 1998 by Justice Michael D. Kirby of the High Court of Australia, the George P. Smith, II Distinguished Visiting Professorship–Chair brings outstanding international leaders in the legal profession to the Law School for lectures, research, and student exchanges. Past holders of this professorship include Sir David Williams, University of Cambridge; Professor Margaret Somerville, McGill University; Professor Tzu-Yi Lin, National Taiwan University; Professor Janet McLean, University of Auckland; Professor Ivan Shearer, University of Melbourne; and Professor Cheryl Saunders, University of Melbourne.

Learn more about the George P. Smith, II Distinguished Visiting Professorship–Chair and its benefactor.

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Public International Law Expert Sands to Deliver Harris Lecture

Philippe Sands

Philippe Sands, professor of law at University College London and director of the Centre on International Courts and Tribunals in the Faculty, serves as Indiana Law's 2007 Addison C. Harris Lecturer. Join us for a public lecture at noon on Sept. 24.

Sands' expertise is in public international law. In London, he is a key member of staff in the Centre for Law and the Environment and co-director of the Project on International Courts and Tribunals and a Risk Assessment and Biotechnology project in conjunction with New York University School of Law.

He previously held academic positions at the University of London's School of Oriental and African Studies; Kings College London; University of Cambridge; and New York University. He was co-founder of the Foundation for International Environmental Law and Development (FIELD), and established the programs on Climate Change and Sustainable Development. He is a member of the Advisory Boards of the European Journal of International Law and Review of European Community and International Environmental Law (Blackwell Press).

A practicing barrister, Sands has extensive experience litigating cases before the International Court of Justice, the International Tribunal for the Law of the Sea, the International Center for the Settlement of Investment Disputes, and the European Court of Justice. He frequently advises governments, international organizations, NGOs, and the private sector on aspects of international law. In 2003, he was appointed a Queen's Counsel.

He is the author of Lawless World, which addresses the Pinochet case; the creation of the International Criminal Court; U.S. abandonment of the Kyoto Protocol on global warming; the U.S.'s selectively multilateralist policy in relation to global free trade; and Guantanamo, Iraq, and Abu Ghraib.

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 advanced questions and theories thereof." Past Harris lecturers have included some of our nation's most distinguished scholars.

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Conference: Second Annual Big Ten Aspiring Scholars' Conference

Indiana Law hosts 20 scholars for the Second Annual Big Ten Aspiring Scholars' Conference Aug. 5–7 in Bloomington.

The conference, organized by Professor Ken Dau-Schmidt, provides a forum for addressing issues of concern to all of the Big Ten's soon-to-be-tenured colleagues. This year's event focuses on teaching and provides young faculty a useful forum for presenting and discussing research problems with other academics at a similar stage in career development.

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Faculty, Staff Appointments

Professor Hannah Buxbaum, Louis F. Neizer Faculty Fellow, is the new associate dean for research. She follows Professor Ken Dau-Schmidt, who had served in the position since 2005. The 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 the dean and executive associate dean for academic affairs about matters relating to faculty scholarship. Buxbaum 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.

Archana Sridhar

Archana Sridhar will support Buxbaum as assistant dean for research and special projects. In that capacity, she will be working on grants to support faculty research, centers, and other initiatives. Sridhar is a Harvard Law School graduate who has just returned from a U.S. Student Fulbright Fellowship in Guatemala. Prior to her Fulbright, Archana was senior director of corporate and foundation relations for a nonprofit, and before that an associate in tax with Sullivan & Worcester in Boston.

Caroline Dowd-Higgins joined the School as director of the Career Services Office. She previously worked at the Career Development Center at the College, where she was associate director for employer development and faculty relations. She is a graduate of Indiana's Jacobs School of Music, with both bachelor's and master's degrees in voice.

Catherine Matthews, JD'06, is the new director of Student Services. She succeeds Susan Kerns, JD'01, in the position. Matthews previously worked as a program consultant for the Law School's Office of Student Affairs and as a practicing attorney for Indiana University's Office of General Counsel.

Professor Robert Parrish joins the Indiana Law faculty teaching in the first-year Legal Research and Writing Program. He earned his JD in 2004 from the University of North Carolina at Chapel Hill where he served as articles editor for the North Carolina Law Review. From 2004–06, he worked as a law clerk for Indiana Supreme Court Justice Frank Sullivan Jr. He then was an associate attorney at Bose McKinney & Evans LLP, in Indianapolis from 2006–07. His work as a practitioner was concerned primarily with commercial litigation issues. In addition to his legal work, he has experience as an oral historian and archivist with the Center for Documentary Studies' Behind the Veil project.

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Alumnus Contributes to Book on Global Climate Change and U.S. Law

climate book

The law will play an important part in developing mechanisms to protect the earth in the face of global warming. Michael E. Heintz, JD'03, contributed to the recently released Global Climate Change and U.S. Law, a book that outlines the international and national legal framework of climate change regulation and associated litigation.

The tome includes a 50-state survey and covers issues of concern to corporations, including disclosure, fiduciary duties, insurance, and subsidies. Part IV examines the legal aspects of efforts to reduce greenhouse gases, such as voluntary efforts, emissions trading, and carbon sequestration.

Former Indiana Law professor Richard Lazarus, now of Georgetown, called the work "spectacular." "Wholly accessible to those not themselves expert in environmental law, any lawyer or policymaker seriously interested in the global climate change should have a copy," he said.

Heintz, of Porter Wright Morris & Arthur LLP in Columbus, Ohio, specializes in environmental law and economic development issues. In addition to his Indiana Law degree, he earned a BA in environmental science from Purdue University and a master's degree in environmental science from Indiana University.

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In Memoriam: Judith D. Wilkenfeld, JD'67

A leader in the efforts to clean up the tobacco industry, Judith D. Wilkenfeld, JD'67, died of pancreatic cancer on May 24 at her Washington home. She was 64.

After graduation, Wilkenfeld joined the Indiana Law faculty where she taught for two years. She then served on the National Labor Relations Board as a staff attorney in the appellate division, where she tried cases in most of the U.S. Circuit Courts of Appeals. In 1977, she and her family moved to Israel where she taught comparative law at the Hebrew University.

In 1980, she joined the Federal Trade Commission. Serving as the FTC's lead attorney in the case against Brown & Williamson Tobacco in 1985, she became known as one of the world's experts on legal issues related to tobacco policy. She sued tobacco companies, helped enforce federal policies, and played a key role in the negotiation of the International Framework Convention on Tobacco Control. She also served as lead attorney in the case against R.J. Reynolds Tobacco Co. in 1990, challenging the use of the cartoon character Joe Camel in its advertising. She also crafted regulations governing health warnings on smokleless tobacco products. After the Food and Drug Administration asserted its jurisdiction over tobacco products and their marketing in 1994, Wilkenfeld was named the FDA's special adviser for tobacco policy.

In 1999, she became vice president of international programs at the nonprofit Campaign for Tobacco-Free Kids, where she helped negotiate the world's first treaty devoted exclusively to a health issue. The Tobacco Treaty has been ratified by 147 nations, but not the United States.

Wilkenfeld is survived by her husband of 43 years, Jonathan; their three children, Ari Wilkenfeld, Gilad Wilkenfeld, and Daniela Wiggins; a brother; and three grandchildren.

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Upcoming Alumni Events in Atlanta, San Francisco, French Lick

rapheal prevot Atlanta: On Aug. 1, alumni attending the National Bar Association's 82nd Annual Meeting in Atlanta will gather for an Indiana Law alumni breakfast hosted by Rapheal Prevot Jr., JD'84, Labor Relations Counsel for the National Football League. The event includes a special presentation of a Leadership Service Award to Frank Motley in recognition of his more than 20 years of outstanding service to the Law School admissions office.

San Francisco: On Aug. 10, Dean Lauren Robel will host an alumni and friends reception as part of the ABA annual meeting in San Francisco. Whether you are attending the meeting, traveling in the vicinity, or live in the area, we would be thrilled if you could join us at the Westin St. Francis Hotel Olympic Room, 2nd Floor, 335 Powell Street. R.S.V.P at lawalum@indiana.edu or at (812) 855-9700.

French Lick, Ind.: Mark your calendar now to join us for an Indiana Law Reception in conjunction with the Indiana State Bar Association Annual Meeting on Wednesday, Oct. 10, from 5 p.m. to 6 p.m. at French Lick Resort & Casino.

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On-location Recruiting Events

louisville skyline Career Services' fourth annual Chicago on-location recruiting event will be Sept. 6–7 at the Union League Club of Chicago. This year's event kicks off with an alumni and student reception on Thursday, Sept. 6.

Our second annual Louisville on-location recruiting event is Sept. 13–14 at the Seelbach Hilton Hotel. Prior to Friday's interviews, join us for an evening reception for students, alumni, and recruiters.

Interested in recruiting our talent without leaving your city limits? For more information, contact Michael Keller, assistant dean of career services, at (812) 855-0259.

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Alumni Weekend 2007

postcard Make plans to be a part of Alumni Weekend 2007 on Friday, Oct. 5, and Saturday, Oct. 6.

On Friday, the Indiana Law community celebrates the dedication of the Elmore Entrepreneurship Law Clinic and this year's Distinguished Service Award recipients. You'll also enjoy alumni and student mentoring opportunities and an alumni and student celebration. On Saturday, you can judge the Sherman Minton Moot Court Competition, sponsored by Bose McKinney & Evans, and attend a tailgate party before the IU vs. Minnesota football game.

To register, call (812) 855-9700 or visit us on the Web.

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Faculty News

Amy Applegate Professor Amy Applegate served as a working group leader at the Clinical Legal Education Association 2007 New Clinicians Conference in New Orleans on May 2–3. The conference helps train new clinicians and is held periodically in conjunction with the AALS annual clinical conference. She is currently serving on the executive committee of the AALS Clinical Legal Education Section and co-chairing the AALS Clinical Legal Education Section's Membership and Outreach Committee. In addition, she was awarded a faculty fellowship for training in advanced family mediation skills at Pepperdine's Institute for Dispute Resolution on June 21–23.

Professor John Applegate gave a presentation, "Prevention and Precaution, TSCA and REACH," at a workshop of the leading US experts on chemical regulation. The European Union Center of Excellence at the University of Pittsburgh sponsored the June 8 meeting.

Professor Jeannine Bell served as a faculty member for the Indiana Graduate Program for Judges June 3–8, where she taught a course on Law and Society. Her paper, titled "Policing Neighborhood Boundaries: Violence, Racial Exclusion, and the Persistence of Segregation," was recently listed on SSRN's Top Ten download list for "CL: Criminal Offenses & Defenses (Topic)" and "LSPLDL: Hate Crimes & Penalty Enhancement Legislation (Topic)."

Professor Hannah Buxbaum presented "Mandatory Rules in Civil Litigation" at a Columbia Law School colloquium on mandatory law in arbitration. She also gave a paper on "Promoting the Private Enforcement of Regulatory Law" at a conference on access to justice sponsored by the Bayer Foundation for German and International Business Law, held in Leverkusen, Germany.

Ken Dau-Schmidt Professor Ken Dau-Schmidt presented "Teaching Labor Law" at the Annual Meeting of the Lawyer's Coordinating Committee, AFL-CIO, in Chicago. He also presented "Gender and the Legal Profession: The Michigan Law School Alumni Data Set 1967-2004" at the Law and Economics Colloquium at the University of California–Berkeley School of Law. His article, "Governance of the Workplace: The Contemporary Regime of Individual Contract," 28 Comp. Labor L. & Pol. J. 313 (2007) (with T. Haley), was also recently published.

Professor Joshua Fairfield gave a paper, "The Magic Circle," for a panel at the ITechLaw annual conference in Chicago, and he spoke on a panel on virtual governance at the annual Digital Government Society meeting in Philadelphia.

On June 6, Professor Rob Fischman gave a talk titled "Federalism and Natural Resources Policy" at the University of Colorado Natural Resources Law Center's 25th anniversary conference.

The Administrative Office of the California Courts has asked Professor Charles Geyh to assist it in a judicial selection reform project. The American Bar Association has asked him to head a project to devise guidelines for judges on judicial disqualification, which he will be discussing as a panelist on a program at the ABA Annual meeting in San Francisco in August.

Professor Ajay Mehrotra presented with co-authors Isaac Martin and Monica Prasad a paper titled, "Taxation in Perspective: Comparative and Historical Approaches to the New Fiscal Sociology" at a conference the authors co-organized at Northwestern University May 2–5, titled "The Thunder of History: Taxation in Comparative and Historical Perspective." He also presented his paper, "Lawyers, Guns & Public Monies: The U.S. Treasury, World War I, and the Administration of the Modern American Fiscal State," at the Northeast Regional Law & Society Conference held at Amherst College on May 21–22. He presented his paper "To Lay and Collect: American Governors and the Political Economy of State-level Tax Policy," at the Junior Tax Scholars Conference held at Boston University School of Law on June 8–9.

Jennifer Morgan Librarian Jennifer Morgan wrote a textbook chapter for library and information science courses on law librarianship titled "Evolution of Government Documents, in Law Librarianship in the 21st Century" (Lisa Smith-Butler, et al., Eds.). Lanham, MD: Scarecrow Press (January 2007).

Professor Aviva Orenstein recently organized a conference and wrote the introduction for the Symposium on Children as Witnesses, which was presented at the American Association of Law Schools and will appear in the forthcoming issue of the Indiana Law Journal. She also testified concerning the Indiana Marriage Amendment SJR–7. She lectured about grandparent's rights to the Indiana Mini University and delivered a talk in the "Last Lecture Series" about the role of denial in law.

Professor Jeff Stake presented a paper on just compensation to the annual meeting of the Gruter Institute for Law and Behavioral Research.

In May, Professor Carwina Weng co-facilitated a workshop at the AALS Clinical Legal Education conference in New Orleans. The workshop was titled "What We don't Talk about when We Talk about Race: Identifying and Testing our own Assumptions." Participants engaged in an experiential session that involved exercises to develop cultural self-identity and different ways to recognize, raise, and discuss race issues in clinical law practice and teaching.

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Recent Faculty Media Hits

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