A newsletter for friends of the Indiana University Maurer School of Law • January/February 2009 (Vol. 7, No. 1)

Dear Friend,

All of us at the Law School begin the new year with gratitude. In December, Michael and Janie Maurer committed $35 million to our School in support of student scholarships. The university's Matching the Promise program will double the impact of this incredible gift. We will dedicate the Indiana University Maurer School of Law on Sept. 25 during our annual Alumni Summit weekend. I hope you will join us in Bloomington to honor the Maurers' extraordinary commitment to our School.

The new year also brings notable faculty achievements. In January, then President-elect Barack Obama nominated Professor Dawn Johnsen to serve as assistant attorney general for the Office of Legal Counsel. The OLC is charged with providing independent legal advice to the executive branch. Dawn will bring enormous acuity and integrity to the office, and I am delighted for our country that she will be serving in this position. All of us at the School wish her the very best in her new position and will miss her warm collegiality.

I am also delighted to announce that Professor Jeannine Bell has been awarded a Law and Public Affairs fellowship by Princeton University for 2009-10. This highly competitive fellowship will allow Jeannine time to finish a new book.

Two excellent teachers and scholars will join our faculty next fall. Jayanth Krishnan, currently a visiting faculty member at Iowa and permanent faculty member at William Mitchell, teaches property and immigration law. With a PhD in political science as well as a JD, Krishnan adds to our growing expertise on the legal profession. His work explores the profession and globalization, with a particular expertise on India. Ryan Scott is currently practicing at O'Melveny & Myers in Washington, D.C., after clerking for Judge McConnell in the Tenth Circuit. Scott's articles, published by Northwestern, Cornell, and the Harvard Journal of Law & Policy, focus on issues involving the federal courts. His latest work looks at the application of federal sentencing law. We have interviewed numerous candidates this fall and early spring and will continue actively seeking stellar additions to add to our faculty.

The spring semester brings a series of events and guest lecturers. Professor Leandra Lederman has organized the inaugural Tax Policy Colloquium, bringing together leading tax experts from around the country. During February, Professor Loane Skene from Melbourne (Australia) Law School, an expert on health law and bioethics, will be the George P. Smith II Distinguished Visiting Professor-Chair. She will present the public lecture associated with the chair on Feb. 12. In March, we will host conferences on environmental law and on judicial independence. In April, our speaker series will feature named lectures by leading scholars such as Judith Resnik (Yale), Richard Fentiman (Cambridge), and Martin Malin (Chicago-Kent).

Thank you for all you do for our School, and I hope to see you in Bloomington or in your city this spring.

All my best,

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

Johnsen Nominated to Justice Department Post

Dawn Johnsen President Barack Obama nominated Professor Dawn Johnsen to the post of assistant U.S. attorney general for the Office of Legal Counsel.

Johnsen was honored by the nomination. "I have deep affection for the Office, which has historically played a vital role in upholding the nation's commitment to the rule of law. I look forward to the confirmation process."

A nationally recognized constitutional law expert, Johnsen served as acting assistant attorney general for the OLC from 1997-98 and as deputy assistant attorney general from 1993-96. The assistant attorney general serves as the head of the OLC, which provides legal counsel to the president and all executive branch agencies of the government and reviews all executive orders and proclamations proposed by the president.

Johnsen, the Ira C. Batman Faculty Fellow, has published extensively on constitutional authority and powers, including a recent article on the legal constraints of executive power. She serves on the national board of the American Constitution Society for Law and Policy and as co-chair of the ACS Issue Group on Separation of Powers and Federalism.

IU President Michael A. McRobbie said he was pleased by Johnsen's appointment. "I congratulate Professor Johnsen on being appointed to a key position in the Justice Department. She is a leading constitutional law scholar, and I have no doubt that she will serve the nation well in this position. Her appointment also brings great credit to the Maurer School of Law and to Indiana University," he said.

Johnsen teaches Constitutional Law, the First Amendment, and Seminars in the Separation of Powers and Sexuality, Reproduction and the Constitution.

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2009 Academy of Law Alumni Fellows Named

Six alumni will be inducted in the Academy of Law Alumni Fellows during the spring Board of Visitors meeting. The ALAF Class of 2009 includes Samuel S. Dargan, a 1909 graduate; Francina A. Dlouhy, JD'77; Robert A. Long, JD'71; Arthur M. Lotz, JD'65; Lloyd H. Milliken Jr., JD'60; and Milton R. Stewart, JD'71.

The awards are presented to alumni who have distinguished themselves in their careers through personal achievements and dedication to the highest standards of the legal profession. The induction ceremony will take place April 17 at the Bloomington Convention Center.

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Indiana Law Welcomes Two New Faculty Members

Two new faculty members have accepted positions at Indiana Law. They will begin teaching in the fall semester.

Ryan Scott and Jay Krishnan Professor Jayanth K. Krishnan (right) is a professor of law at William Mitchell College of Law and a visiting professor at the University of Iowa School of Law. His research and scholarship include issues relating to empirical legal studies, law and globalization, and law in India. For the 2003-04 academic year, he was awarded "Teacher of the Year" by the College's Student Bar Association. He is the author of several publications, including Law and Hinduism.

Ryan Scott (left) is an associate at O'Melveny & Myers in Washington, D.C., and is a member of the firm's Adversarial Department. In 2006-07, he served as a Bristow Fellow in the Office of the Solicitor General of the United States. He served as a law clerk for the Honorable Michael W. McConnell, U.S. Court of Appeals for the Tenth Circuit. He has published on topics such as judicial appointments and life tenure for federal judges.

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Skene to Deliver George P. Smith II Lecture

Loane Skene Loane Skene, a professor of law at the University of Melbourne, will deliver the George P. Smith II Lecture on Feb. 12. Skene will present "Recent Developments in Stem Cell Research: Social, Ethical and Legal Issues for the Future" at noon in the Moot Court Room. Her presentation will describe the aims of human stem cell research and the progress scientists have made over the last few years. Skene also serves as an adjunct professor in the Faculty of Medicine, Dentistry, and Health Sciences at the University of Melbourne and is the deputy director of the Australian Centre for Law and Human Genetics. She is the recipient of a Centenary Medal by the Commonwealth of Australia and in 2007 was named one of Australia's most powerful cultural figures by the Australian Financial Review.

Inaugurated in 1998 by Justice Michael 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.

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Bell Earns Prestigious Princeton Fellowship

Jeannine Bell Professor Jeannine Bell has been awarded a prestigious Law and Public Affairs (LAPA) Fellowship from Princeton University.

Bell, the Charles Whistler Faculty Fellow, was one of six LAPA Fellows selected for the 2009-10 academic year. She will use the fellowship to complete a book titled Hate Thy Neighbor: Neighborhood Boundaries and the Persistence of Prejudice, an ethnographic work forthcoming from the New York University Press.

"The book explores the relationship between housing integration and hate crimes," Bell said. "I'm writing about whites who, instead of fleeing when minorities move into their neighborhoods, stand and fight. It's a national ethnographic analysis, based in part on court documents and interviews I collected in Chicago."

Bell will be based at the Woodrow Wilson School for Public and International Affairs at Princeton University. Because the university doesn't have a law school, the LAPA program is the primary place for law-related activity and research on the Princeton campus.

Dean Lauren Robel said Bell's work in the areas of hate crime and criminal justice issues has been extremely valuable. "The LAPA Fellowship is an incredible achievement for any professor working on issues of law, society, and public affairs," Robel said. "I was impressed to learn that Professor Bell was selected from a competitive pool of 125 applicants this year, demonstrating the scholarly merit of her proposal as well as the uniqueness and importance of her research. Previous LAPA Fellows have included some of the top scholars in our field, and it is my privilege to see Professor Bell now join such a distinguished group."

As a LAPA Fellow, Bell will attend seminars and lectures by outside scholars, while meeting regularly with her LAPA colleagues. Her appointment begins Sept. 30 and runs through June 30, 2010.

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Indiana Law Hosts Inaugural Tax Policy Colloquium

1040 icon Tax law experts from across the country will visit the Indiana University Maurer School of Law during the spring 2009 semester as part of the Law School's inaugural Tax Policy Colloquium.

The speakers present works in progress on timely topics in the field of tax law and policy, said Leandra Lederman, the William W. Oliver Professor of Tax Law.

Lederman said the colloquium will provide a forum for students and faculty to engage in important discussions on tax policy issues and to participate in the development of innovative tax research.

Students participating in the colloquium will read each speaker's paper and submit reaction papers the week before the presentation, providing an opportunity to discuss the issues as a class and develop questions for the presenters.

Upcoming presenters at the inaugural colloquium series include Sarah B. Lawsky, George Washington University School of Law (Feb. 12); Steven Bank, UCLA Law School (Feb. 26); Nancy Staudt, Northwestern University Law School (Mar. 12); Joseph Dodge, Florida State University College of Law (Apr. 2); and Dennis Ventry, UC Davis School of Law (Apr. 16).

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Indiana Law Alumnus Named Nebraska Legal Aid Director

Dave Pantos Two years after joining Legal Aid of Nebraska, Indiana Law alumnus Dave Pantos has been named the executive director for the organization.

Pantos, JD'96, will oversee 35 staff attorneys and about 150 other attorneys who volunteer across Nebraska, working with the state's low-income and elderly residents. Legal Aid of Nebraska provides assistance in civil legal cases and to victims of domestic violence. Pantos joined the organization in 2006 as its director of litigation and advocacy.

After working in private practice following graduation from Indiana Law, Pantos took a job representing disabled welfare recipients at Legal Services of New Jersey. The experience reaffirmed his passion for helping the less fortunate. Now he tries to ensure that everyone in Nebraska has access to legal representation, regardless of income. "The need for service here greatly outnumbers our ability to meet demand," he said. "We unfortunately have to say no to some people."

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Orenstein Explores Issues in Duke Lacrosse Case

Aviva Orenstein Nearly three years after several members of the Duke lacrosse team were falsely accused of raping an exotic dancer, a new book examines the legal implications of where the case went wrong. It also looks at how future sexual assault cases can be pursued without jeopardizing the rights of both the victims and the accused.

Race to Injustice: Lessons Learned from the Duke Lacrosse Case (Carolina Academic Press, 2009) looks at how various factors — including an overzealous prosecutor, social stereotypes, and a society quick to condemn the accused — led to one of the more troubling legal cases in recent memory.

Indiana Law Professor Aviva Orenstein authored the book's final chapter, "Presuming Guilt or Protecting Victims?: Analyzing the Special Treatment of Those Accused of Rape." In the chapter, Orenstein cautions against drawing the wrong lessons from the Duke case and "dismissing valuable protections for victims because of egregious prosecutorial misconduct in one case."

She said the Duke case provides an important illustration of how protecting the rights of a sexual assault victim must be weighed carefully against protecting those of the accused.

Her chapter argues in favor of rape shield laws, privacy for rape victims, as well as permitting certain expert testimony about rape trauma. "It questions, however, the fairness of character evidence about the accused's sexual past and various harsh post-release restrictions," Orenstein said. In all other criminal cases, for example, a defendant's prior criminal history is inadmissible in court if offered to prove the person's criminal tendencies.

Orenstein also notes that the accused are typically named in both the media and in court documents, while the legal system tries — often unsuccessfully — to allow the victim to remain anonymous. In the Duke case, the players accused of rape were identified quickly after the alleged incident, yet the name of the accuser didn't emerge until after it was discovered that her story was false.

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IU Center Working to Quell 'Cybergeddon'

Fred Cate Cyber attacks pose one of the greatest threats to the United States, lagging behind only nuclear warfare and weapons of mass destruction in terms of potential devastation, FBI experts recently said.

Indiana University is assisting in research and education to help prevent such attacks on American infrastructure, said Indiana Law Professor Fred H. Cate, who also serves as director of the Center for Applied Cybersecurity Research. In 2008, IU was recognized by the National Security Agency and the Department of Homeland Security as a National Center of Academic Excellence in Information Assurance Research.

"While cyber attacks pose the greatest threat to the United States in terms of potential devastation caused, they are in fact first in terms of prevalence," Cate said. "IU is investing heavily in identifying and blocking those attacks and in ensuring that we build the tools and provide the education so that individuals and institutions can protect themselves against catastrophic attacks."

Cate, who was recently named one of the world's top computer privacy experts by Minnesota Privacy Consultants, said smaller-scale cyber attacks happen with more frequency than most probably imagine and often target the computers and networks of law-abiding individuals and organizations.

While a large-scale cyber attack has yet to paralyze American systems like bank communications, air traffic control programs, and water treatment management systems, cyber terrorists have not stopped trying, Cate said, and attackers have held some networks hostage.

For that reason, the CACR is conducting major research initiatives focusing on vulnerabilities, such as phishing attacks and other efforts to defraud users into providing passwords and other personal information.

Researchers at IU's Advanced Network Management Lab also track, and in some cases block, the spread of network attacks. IU's cybersecurity experts regularly advise members of Congress, government agencies, and the private sector on how best to combat potential attacks.

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Alumna, Student Honored with Governor's Awards

Two women affiliated with Indiana Law were honored with Governor's Awards for Tomorrow's Leaders. Christina Ladan Clark, JD'08, and Tess Williams, 1L, each received $1,000 in prize money to be used toward educational scholarships or the charities of their choice.

The awards, presented Dec. 16 by the Indiana Humanities Council and the Office of the Governor, are given annually to Indiana residents between the ages of 19 and 29 who attain excellence as entrepreneurial leaders, volunteers, and scholars.

Clark raised more than $10,000 through a benefit auction for Indiana Law's Protective Order Project (POP), which provides free legal assistance to victims of domestic violence seeking protective orders, and Middle Way House, a Bloomington domestic violence program and rape center. She is currently a clerk to the Hon. Nancy H. Vaidik on the Indiana Court of Appeals. At Indiana Law, she served as an articles editor for the Indiana Law Journal, as a student affairs fellow, and as vice president of the Women's Law Caucus. She also volunteered for POP.

Williams was honored for her contributions in civic action and volunteer work. She works as an AmeriCorps VISTA Volunteer Management and Fundraising associate and has volunteered with the Foster Grandparents Program, Girls Inc., and Habitat for Humanity. Williams said volunteering is a way to give back her community.

Indiana Lt. Gov. Becky Skillman said the work being done by this year's award recipients is having an impact on communities throughout the state. "Without their investment of time and talent in Indiana, we would not enjoy the success we have today," she said.

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Schornhorst Files Cert Petition in Eaton v. Indiana

Tom Schornhorst Professor Emeritus Tom Schornhorst, serving pro bono, filed a cert petition Jan. 12 in the matter of Eaton v. Indiana (docketed Jan. 14, 2009 as No. 08-8163). The case raises important and recurring Fourth Amendment questions relating to the issuance of broadly worded residential search warrants that substitute uncorroborated opinions of police officers in place of the specific facts required by the Warrant Clause of the Fourth Amendment.

The Supreme Court of Indiana (4 to 1) vacated a Court of Appeals decision favorable to Eaton and held that his arrest as a suspect in a single drug transaction at a business location remote from his home, coupled with a police officer's bare assertion of "knowledge" of the type of incriminating evidence that "drug traffickers" commonly keep in their homes, supplied the requisite probable cause for a general search of Eaton's home.

Schornhorst said he believes there is a better-than-average chance of the petition being granted because there is a conflict of authority in both state appellate courts and federal courts of appeals on the specific issue raised by Eaton. Indiana, he said, is at the extreme end of jurisdictions that tolerate home searches based upon "police folklore."

According to Schornhorst, his argument to the high court is strongly supported by a vigorous dissent written by Wisconsin Chief Justice and Indiana Law alumna Shirley Abrahamson, JD'56, in State v. Ward, 604 N.W.2d 517, 533 (Wis. 2000).

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Moot Court Finals Explore First Amendment Issues

a gavel The spring rounds of the Sherman Minton Moot Court Competition begin on Feb. 25, and judges are still needed for the octofinal and quarterfinal rounds. Octofinal rounds will be held at 6 p.m. on Wednesday, Feb. 25, through Friday, Feb. 27, and at 10 a.m. on Saturday, Feb. 28. Quarterfinals will be held at 6 p.m. on Monday, March 2, and Tuesday, March 3. Interested in judging? Send an e-mail to judges@indiana.edu. Judges have been invited for the semifinal and final rounds. For more information, visit the Moot Court Web site.

The spring problem takes place in the U.S. Supreme Court and hinges on key First Amendment issues: the right of medical providers to refuse to adhere to an anti-discriminatory statute based on their religious beliefs, and the right to prevent disclosure of the identity of a third-party witness/anonymous speaker when such anonymity stands in the way of evidence potentially critical to litigation. Read the case.

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Upcoming Alumni Events

Indianapolis Alumni Basketball Reception

Join Dean Lauren Robel, Dean Len Fromm, faculty members, and Indianapolis-area alumni to watch the Indiana Hoosiers take on the Minnesota Golden Gophers. The event will take place on Tuesday, Feb. 10, at the Rock Bottom Brewery Billiards Room, 10 W. Washington St., Indianapolis. Doors open at 6:30 p.m., tip-off is at 9 p.m., and all are welcome to stay through the end of the game. RSVP by Tuesday, Feb. 3, to: lawalum@indiana.edu or (812) 855-9700.

Student & Alumni Spring Break Reception in Washington, D.C.

Join us for our annual student & alumni spring break reception from 6 p.m. to 8 p.m. on Monday, March 16, at Venable LLP in Washington, D.C. This is a great opportunity to meet current students and share your experiences in the D.C. legal market while mingling with fellow alumni.

NYC Alumni & Student Happy Hour

Join NYC-area alumni, friends, and current students for an Indiana Law happy hour from 6:30 p.m. to 9:30 p.m. on Thursday, March 19, at O'Casey's in New York. We hope that you can stop by and visit with representatives from our Office of Career and Professional Development. Hors d'oeuvres and drinks will be provided.

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Faculty News

Professor John Applegate co-wrote a white paper with member scholars of the Center for Progressive Reform. The paper is titled "Reinvigorating Protection of Health, Safety, and the Environment: The Choices Facing Cass Sunstein."

Professor Craig Bradley wrote an essay, "A Discrete and Insular Majority," which is published in The Law Touched our Hearts: A Generation Remembers Brown v. Board of Education (Vanderbilt University Press, 2009). According to the book jacket, "the editors surveyed 4,750 law professors born between 1936 and 1954, received 1,000 responses and derived these 40 essays from those willing to write personal accounts of their childhood experiences in the classroom and in their communities."

Kevin Brown Professor Kevin Brown served on two panels at the Harvard Law School National Summit on Interdistrict School Desegregation Conference titled "Passing the Torch: The Past, Present, and Future of Interdistrict School Desegregation." The panel was sponsored by the Charles Hamilton Houston Institute for Race and Justice of Harvard Law School in Cambridge, Mass. On the first panel, his talk was titled "The Indianapolis Interdistrict Desegregation Experience." His talk on the second panel was titled "Proposal for the Establishment of an International Boarding School in Ghana as a Charter School for Indianapolis Public School Children." In addition, he delivered the keynote address at The Future of Education and Educational Equity in Communities of Color Symposium at the Mid-Atlantic People of Color Legal Scholarship Conference held at Temple University School of Law in Philadelphia on Jan. 24. His remarks were titled "Current Issues Impacting Urban Education."

Professor Charles Geyh published three articles: "Methods of Judicial Selection and Their Impact on Judicial Independence," Daedalus (Fall, 2008); "The Endless Judicial Selection Debate and its Implications for an Independent Judiciary," 21 Geo J. Leg. Ethics 1259 (2008); and "Straddling the Fence between Truth and Pretense: The Role of Law and Preference in Judicial Decision-making and the Future of Judicial Independence," 22 Notre Dame J. of L., Ethics & Pub. Pol. 435 (2008). He and W. William Hodes, both co-reporters to the ABA Commission that revised the Model Code of Judicial Conduct in 2007, have published a monograph titled "Reporters' Notes to the ABA Model Code of Judicial Conduct" (ABA Press 2008). In addition, Geyh recently spoke at the annual meetings of the Federalist Society on federal judicial discipline and at the American Judicature Society on judicial disqualification.

Professor Emeritus J. William Hicks will be presenting the ALI-ABA course of study Regulation D Offerings and Private Placements on March 12-14 at the Scottsdale Plaza Resort in Scottsdale, Ariz. This course can be attended in person or via live webcast.

Professor Marshall Leaffer was an invited speaker at the biannual Global Forum on Intellectual Property (GFIP) held in Singapore, Jan. 9-11. His talk was titled "Trademark Parodies and Free Speech: a Transnational Perspective."

Leandra Lederman On Jan. 15, Professor Leandra Lederman presented her article titled "W(h)ither Economic Substance?" at Northwestern Law School's Tax Colloquium. Her newly published short essay, "EBay's Second Life: When Should Virtual Earnings Bear Real Taxes?" Yale L.J. Pocket Part, argues that transactions in Linden dollars (the currency of the virtual world Second Life) should be taxed in much the same manner as transactions using PayPal payments. The essay was part of a symposium on virtual worlds.

On Jan. 21, Professor Ajay Mehrotra presented his paper "Lawyers, Guns & Public Monies: The U.S. Treasury, World War I, and the Administration of the Modern Fiscal State" at the University of Southern California's Center for Law, History & Culture.

Professor Mark Need was invited to join the Indiana University Medical Group Foundation Investment Committee. The committee reviews business plans of startup companies, meets with their CEOs, and makes recommendations to the Foundation. The committee also reviews performance and progress of companies that have received Foundation support thus far, making recommendations for managing investments and stimulating the growth of companies arising from Medical School Faculty.

On Jan. 29, Professor Christiana Ochoa posted "Sovereign Wealth Funds, Social Arrears and the Role of Corruption" on the blog, Opinio Juris.

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Recent Faculty Media Hits

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