Indiana Law Annotated Vol. 25 No. 1 (September 2, 2003)

Table of Contents


This is the most exciting time at the Law School, when we meet new students, welcome back returning ones, and start a new academic year. Our entering JD students hail from 33 states and two foreign countries, and, for the second year, more are from out of state than from Indiana. One hundred schools are represented in the new class. Our LLM class is similarly diverse. Among those seeking graduate legal education here are more than 70 lawyers and judges from 17 countries, who bring both their practical experience in the law and their perspectives from other legal systems. Among them is an intellectual property judge from Beijing; a lawyer for Samsung in Seoul, South Korea; several government officials; three policemen; the director of the legal section of the Law and Democracy Foundation in Ukraine; a manager of the Bank of Korea; a religious historian; a professor at Dongguk University in Korea; a professor at China University of Political Science and Law; a lawyer for Kirin Brewery in Japan; the personal secretary to the prime minister of Thailand; an attorney for the largest law firm in Costa Rica; a journalist and independent film director; a former UN oil-for-food program project officer; and an attorney whose goal it is to completely understand the TV show "The Practice" in English!

We welcome as well several new and returning teachers. We are joined this year by three extraordinarily talented new faculty members: Professor Bill Henderson, Professor Ajay Mehrotra, and Professor Christiana Ochoa.

Welcome back as well to Professor Fred Aman, who returns from a year at Princeton, and Professor Aviva Orenstein, who is back from two years at Cardozo School of Law in New York. We are also delighted to be joined by our international colleagues, Professors Jost Delbrck and Paul Craig.

Finally, IU welcomed a new president this summer. Adam Herbert was appointed the 17th president of the university. Herbert, a longtime leader in the Florida higher education system, was most recently Regents Professor and executive director of the Florida Center for Public Policy and Leadership at the University of North Florida. He served as the president of UNF from 1989 to 1998. From 1998 to 2001, Herbert was chancellor of the nation's second-largest university system, the State University System of Florida.

To all the students: I am delighted to have you back, and look forward to hearing about what you've been doing over the summer.

All my best,

Lauren Robel


He said it would happen "... over his dead body," but fortunately, the Law School did not need to resort to such tactics. While Dean of Students and Alumni Leonard Fromm was laid up from minor surgery this summer, a covert team installed the television Fromm had opposed for many years. So, while you're kicking back in the Student Lounge enjoying the Icelandic news on SCOLA (for a list of available channels, visit, think of Dean Fromm, who had your best interests at heart, and visit the library stacks on your way out.



The Environmental Law Society would like to invite IU School of Law faculty, staff, students, and friends to our annual fundraiser, "An Evening at Oliver Winery," from 6:30 p.m. to 9:00 p.m. on Friday, Sept. 5, at Oliver Winery (8024 Highway 37 North). Tickets will be on sale all week in the hallway during lunch at $10 for ELS members and $15 for non-members. This is the most talked about social event of the season! Join us for light refreshments, Oliver wine (available by the glass), live music, and a silent auction you won't want to miss it! Proceeds will benefit ELS and the Environmental Law Research Group. For more information, contact


Professor John Applegate has been invited to be vice-chair of the Committee on Risk-Based Approaches for Transuranic and High-Level Radioactive Waste (a committee of the National Research Council/National Academy of Sciences).

Professor Hannah Buxbaum spent much of the summer in London, teaching International Business Transactions for the San Diego Institute on International and Comparative Law. Her article on the harmonization of laws governing secured transactions was published in the latest issue of the Uniform Law Review/Revue de droit uniforme.

Professor Fred Cate spoke at the Chicago Federal Reserve Bank's annual Bank Structure Conference, the Federal Trade Commission's Workshop on the Costs and Benefits Related to the Collection and Use of Consumer Information, the AP Managing Editors' Conference, and the Indiana Continuing Legal Education Forum's program on Technology Litigation. He also taught the Indiana Graduate Program for Judges (along with Professor Susan Williams) and participated in meetings of the Markle Foundation's Task Force on National Security in the Information Age in Aspen, Colo.; the Microsoft Trustworthy Computing Academic Advisory Board in Redmond, Wash.; and the Phi Beta Kappa Triennial Council in Seattle (where he was elected to a second term as a member of the Phi Beta Kappa Senate). Cate's article with Georgetown Business School Professor Michael Staten, "The Impact of Opt-in Privacy Rules on Retail Credit Markets: A Case Study of MBNA," appeared in the Duke Law Journal, and he completed another study (also with Professor Staten) on "The Impact of National Credit Reporting Under the Fair Credit Reporting Act: The Risk of New Restrictions and State Regulation." In June, Cate was named counsel to the Department of Defense Technology and Privacy Advisory Committee, created by Defense Secretary Donald Rumsfeld as an independent Federal Advisory Committee to draft legislation and policies governing anti-terrorist programs that use personal information about U.S. citizens and permanent residents.

Professor Daniel O. Conkle's book, Constitutional Law: The Religion Clauses, was published in June by Foundation Press.

This summer, Professor Roger Dworkin taught a course on "American Law's Response to Biomedical Advance" at the University of Erlangen-Nurnberg in Erlangen, Germany, and delivered a lecture, "Genetic Manipulation and American Law: Gene Therapy, Cloning, and Stem Cells," to the German American Lawyers Association in Erlangen, Germany, and Jena, Germany. While he was in Jena, Dworkin, on behalf of the Law School, signed an official agreement of cooperation between our school and Friedrich-Schiller University.

This summer, a panel of 50 professors judged Professor Rob Fischman's article, "A Lesson for Conservation from Pollution Control Law: Cooperative Federalism for Recovery Under the Endangered Species Act," as one of the 30 best environmental and land use law articles of 2002. The article, co-authored with a former SPEA student, suggests a new way to employ existing statutory tools for recovering imperiled species. The idea grew out of a discussion in the Advanced Seminar in Environmental Law.

Professor Charles Geyh published two articles over the summer: "Why Judicial Elections Stink," in the Ohio State Law Journal, and "Judicial Independence, Judicial Accountability and the Role of Constitutional Norms in Congressional Regulation of the Courts," in the Indiana Law Journal. Present and former IU law students Philip Davis, JD'01, 3L David Giampetroni, Aaron Raff, JD'02, and Jennifer Risen, JD'03, assisted on those projects. Geyh also drafted the report of the ABA Commission on the 21st Century, entitled "Justice in Jeopardy," in his capacity as reporter to the commission. Giampetroni was the assistant to the reporter. As ABA judicial division scholar in residence, Geyh presented the commission's recommendations at the annual meeting of the association, which subsequently adopted those recommendations as association policy. He has since been asked to serve as reporter to the Joint Commission to Revise the Model Code of Judicial Conduct. Giampetroni will be a consultant to the commission.

Professor Dawn Johnsen spoke at the inaugural convention of the American Constitution Society held in Washington, D.C., August 1-3. She organized and participated in a panel on reproductive rights. More than 800 people attended the convention, including several students involved in the IU Law chapter of ACS.

In August, Professor David Snyder chaired the UCC Article 1 Subcommittee meeting for the American Bar Association meeting in San Francisco. The subcommittee is helping to coordinate various efforts as the revised Article 1 (approved in 2001) is put before state legislatures. So far, the revision has been passed by Virginia and Texas and is likely to be introduced in many states this year. Snyder also participated in the Sig Beck Bankruptcy Roundtable, one of the "masters series" programs hosted by the Indiana Continuing Legal Education Forum.



An important beginning-of-the-year meeting for presidents and chairs of student organizations will be held from noon to 1 p.m. on Thursday, Sept. 4, in room 122. If a president can't make it, he or she should designate another member of the group to attend.


Law School student organizations will be staffing tables in the lobby on Tuesday and Wednesday of next week (Sept. 9-10) to recruit new students and answer questions.


The annual golf outing will be held at the Bloomington Country Club this year on Friday afternoon, Sept. 19. The shotgun start is at 12:30. Lunch will be provided, along with prizes. Information tables will be set up on a daily basis starting later this week during the noon hour in the lobby. Being a good golfer is NOT a pre-requisite. Wanting to have some fun on a nice golf course is! Check out the details in the lobby or pick up entry forms in Dean Fromm's office.



Federal Clerkship applications can be sent out on Tuesday, Sept. 2. Any student needing help with recommendation letters or other matters should see Bruce Farrand in the Career Services Office.


All seminars and workshops are at 12:15 p.m.

9/2: Resume and Cover Letters (Student Lounge)

9/3: Resume and Cover Letters (Student Lounge)

9/5: The Chicago Legal Market, with Tina Sciabica, JD'95 (room 123)

9/8: Government Opportunities (room 125)

9/9: Interviewing Skills (Student Lounge)

9/10: Fellowship and Public Interest Opportunities, with Catherine Stafford (room 125)

9/16: Resume and Cover Letters (Student Lounge)


Judge Brook and Judge Magnus-Stinson will present "Brilliance & Blunders" at 12:15 p.m. on Wednesday, Sept. 3, in room 123.


If you are interested in exploring opportunities through the Presidential Management Internship Program, please plan to attend one of the workshops scheduled for this week at SPEA: 5:30 p.m. on Wednesday, Sept. 3, in the SPEA atrium (just outside the SPEA Career Services Office); or 12:30 p.m. to 1:30 p.m. on Thursday, Sept. 4, in SPEA 300 (the dean's conference room). Michael Keller will present information about the program, and will be joined by Dean Kearney for the Wednesday presentation.


The third annual Career Symposium will be held from 4:30 p.m. to 6:30 p.m. on Thursday, Sept. 18, in the first floor lobby. Alumni and attorneys from various fields will be available for informal discussions. Please plan to attend.



The Environmental Law Society will hold its first general meeting at noon on Tuesday, Sept. 2, in room 122. Please attend for free pizza and to learn more about ELS's many opportunities, including a chance to help with environmental law research on pending lawsuits, to participate in a national environmental law moot court competition, and to plan the many speakers and events that ELS hosts each year. All are welcome!


The nominations are in, and votes will be collected from 11 a.m. to 1 p.m. on Thursday and Friday, September 11-12, in the Law School lobby. Election results will be announced on Friday evening, Sept. 12, 2003.



The IU Bloomington campus has adopted a new smoking policy, effective immediately, that extends the existing smoking ban to the areas around all campus buildings, including, of course, the main Law School building and Beck House (where the clinics are located).

Current Smoking Policy: All buildings and vehicles, regardless of location, that are owned or leased by Indiana University, are to be entirely smoke-free.

Smoking Policy Amendment: All building doorways and fully or partially enclosed walkways connecting buildings will be smoke-free, along with areas near open windows and ventilation systems. Smoking is prohibited on Indiana University owned or leased property within 30 feet of building entrances, exits, partially or fully enclosed walkways, open windows, and ventilation systems.

WHAT THIS MEANS FOR THE LAW SCHOOL: As applied to the School of Law buildings, this policy now prohibits smoking on the rear patio, which has been our designated smoking area, and at the front and side entrances to the buildings. The main entrance stairs and sidewalk on Indiana Avenue and the area in and around the entrance next to the Student Lounge remain nonsmoking areas.

Smoking is permitted only on the upper level of the rear patio (that is, the section of the patio nearest Third Street). When using this area, please remember that classrooms are nearby, and avoid excessive noise.

Your cooperation with these new requirements will be greatly appreciated. Tobacco cessation classes and support groups are available through Bloomington Hospital at no charge. Call (812) 353-5811 or visit for more information.


Please remember to turn OFF cell phones before class! Your classmates are complaining, and your professors are getting grumpy. Ringing phones are distracting to all.


The Admissions Office is seeking student volunteers to participate in the Student Ambassador Program. As a student ambassador, you will give prospective applicants and visitors tours of the school, take them to class, and answer general questions about the school, program, and community. If you are interested in participating, please stop by the Admissions Office (room 230) to pick up a schedule. If you have questions, please e-mail Dani Weatherford (, Tim Martin (, or Pat Clark (, or call 855-4765.


Calling all Law-SPEA joint degree students and students who might be interested in joining the program: Please send an e-mail to Sharon Nejfelt at, indicating when you expect to graduate and which SPEA degree you expect to get, OR that you are not yet in the program but might be interested. And, please save some time between 5:30 p.m. and 7 p.m. on Sept. 11 for the annual fall law-SPEA joint degree reception at the home of Professor Rob Fischman.


On Sept. 23, leaders from the legal community, health field, and the legislature will meet in Indianapolis to discuss legal issues concerning children with mental illness. The Indiana State Bar Association's Civil Rights of Children Committee, Children's Law Center, and the American Bar Association's Juvenile Justice Center are sponsoring this seminar. Attorneys can obtain 6 CLE hours and mental health professionals can obtain 6 CEU hours. Law School and other university students are also encouraged to attend the cost for students is only $50.

To register, and for more information, go to

The purpose of "Children, Mental Health, and the Law: Breaking Barriers to Care" is to educate members of the bar, mental health professionals, and the public on the complexity of the legal issues, the resources available, and how to best use those resources. The program is also designed to explore public policy initiatives and funding sources. The ultimate goal is to better serve the children of Indiana who suffer from mental illness.

Specific topics on the program's agenda include mental health and kids in court, overcoming obstacles to meeting children's mental health needs, understanding and using mental health assessments in court, and overcoming legislative barriers and funding constraints to improve access to services.

When: 8:50 a.m. - 4:45 p.m., Tuesday, Sept. 23

Where: Indiana Bar Center, 230 E. Ohio Street, 5th Floor, Indianapolis.


ALL e-mail about reserving classrooms must be sent to BL-LAW-EVENTS. Mail must be sent to the correct address, bl-law-events (for Outlook users) or (for non- Outlook users). Please include the date and time of event, length of time the room will be needed, classroom requested, and number of people attending the event. Requests should be sent at least one week before the event and include the name of the person requesting, the organization planning the event, and an e-mail address. Confirmations will be sent by reply e-mail. Thank you!


Requests for AV services may be sent to Beth at Please include the name of your group and the e-mail address of the contact person, a description of what you want to do, and the date, location, starting time and duration of the event. Requests must be made at least 48 hours in advance and will be confirmed by e-mail.


Sept. 2: ELS general meeting, noon, room 122

Career Services workshop: Resume and Cover Letters, 12:15 p.m., Student Lounge

Sept. 3: Career Services workshop: Resume and Cover Letters, 12:15 p.m., Student Lounge

"Brilliance and Blunders," 12:15 p.m., room 123

PMI program presentation, 5:30 p.m., SPEA atrium

Sept. 4: Student organization presidents/chairs meeting, noon-1 p.m., room 122

PMI program presentation, 12:30 p.m-1:30 p.m., SPEA 300

Sept. 5: Career Services workshop: The Chicago Legal Market, 12:15 p.m., Student Lounge

An Evening at Oliver Winery, 6:30-9:30 p.m., Oliver Winery (8024 Highway 37 North)

For more upcoming events, visit

ILA: Please visit our Web site at The ILA is published every Monday with news about the coming week. If you have questions about an item appearing in the ILA, please contact Lesa Petersen (e-mail:; phone: 856-4044).

Submissions: Information and articles for the ILA should be submitted by Friday at 3 p.m. for inclusion in Monday's edition. Please e-mail all submissions to