Indiana Law Annotated Vol. 25 No. 5 (September 29, 2003)

Table of Contents


Massachusetts Gov. Mitt Romney has named Professor Joseph Hoffmann as co-chair of a new panel of scientific and legal experts charged with crafting a proposal to reinstate capital punishment in Massachusetts for a narrow set of crimes.

The council includes some of the world's foremost experts on the use of forensic science in homicide cases, including Dr. Henry Lee, best known for his role in the O.J. Simpson trial, and co-chair Dr. Fred Bieber, a professor of pathology at Harvard Medical School, who has served on the FBI's DNA advisory board and helped identify the remains of the victims of the Sept. 11th attacks on the World Trade Center in New York City.

Hoffmann, who helped draft recent death penalty reform legislation for the state of Illinois, has been a consultant to the U.S. House of Representatives on death penalty legislation and has advised several other states on capital punishment, including Indiana, Florida, Texas, Louisiana, Tennessee, Arizona, and Kentucky. He was also an expert witness in the Timothy McVeigh trial.

"This effort represents a unique moment in modern American history, when the politics of capital punishment, so often marked by distrust and discord, are consciously set aside in the desire to develop a better way," said Hoffmann. "The task is daunting, and I can assure you that we will approach it with the utmost seriousness and respect. If we accomplish our mission, our work may not only benefit the people of Massachusetts, but also serve as a model for the rest of the nation."

More information is available at


Dean Lauren Robel will speak to students about current issues of importance to the Law School at noon on Tuesday, Sept. 30, in the Moot Court Room. The dean will also take questions from students at this discussion. A light lunch will be served.



The IU chapter of the American Constitution Society is hosting a lecture entitled "Undercover Police Operations: Stings, Pigeons, and the Law," at noon on Thursday, Oct. 2, in the Moot Court Room. Paul Marcus, professor of law at the William & Mary College of Law, will discuss legal issues surrounding undercover police operations.

Professor Marcus clerked for the U.S. Court of Appeals for the District of Columbia Circuit before practicing law at Loeb & Loeb in Los Angeles. Marcus served as dean of the University of Arizona School of Law, taught at the University of Illinois School of Law, and was a visiting professor at the University of Geneva, the University of Melbourne, the University of Puerto Rico, the University of San Diego, and the University of Texas.

He is the author of Criminal Procedure in Practice, The Law of Entrapment, and The Prosecution and Defense of Criminal Conspiracy Cases, and he has published numerous articles in law reviews and journals. Marcus is also the co- author of Copyright and other Aspects of Law Pertaining to Literary, Musical and Artistic Works; Criminal Law: Cases and Materials; and Criminal Procedure: Cases and Materials.

The American Constitution Society for Law and Policy is a national organization of law students, law professors, practicing lawyers, and other individuals who seek to restore the fundamental principles of respect for human dignity, protection of individual rights and liberties, genuine equality, and access to justice to their rightful and traditionally central place in American law.


The IU India Studies Program, Military Science Department, Political Science Department, and Office of International Programs will host a guest lecture by retired General V.P. Malik, former chief of staff of the Indian Army and chair of the Chiefs of Staff Committee of India. Malik will present "India's National Security Challenges" at 6 p.m. on Friday, Oct. 3, in room 005 of Wylie Hall. Contact the India Studies Program at 812-855-5798 or at for more information.


Professor Kevin Brown presented a paper, "Affirmative Action in Higher Education, Yesterday, Today and Tomorrow, from the Perspective of the Road Not Taken in Brown v. Board of Education," at a symposium entitled "From Brown to Grutter: Affirmative Action and Higher Education in the South." The symposium was held at Tulane Law School in New Orleans on Sept. 27.

On Sept. 19 in Seattle, at the annual ALI-ABA conference on federal lands and natural resources law, Professor Rob Fischman gave a talk on legal issues affecting management of the national wildlife refuges. His panel also included the attorney general of Alaska and the litigation director of Trustees for Alaska, who discussed the legal issues associated with oil drilling in the Arctic National Wildlife Refuge.

Professor Susan Williams will be honored with the Presidential Citation award for her exemplary service to the Indiana State Bar Association at the ISBA's meeting in late October.



The Business and Law Society's first meeting of the year will be held at noon on Monday, Oct. 6, in room 122. Plans for this year will be discussed, and officers will be selected. Any student with an interest in business, business law, or related disciplines is invited to attend. Please contact Nicole Cammarota at or Matt St. Louis at with any questions. We look forward to seeing you there!


The Environmental Law Research Group (ELRG) is holding a callout meeting for 1Ls, 2Ls, and 3Ls at noon on Wednesday, Oct. 1, in room 216. Lunch will be provided. Find out about working with Indiana attorneys on issues such as PCB dumping in Bloomington, logging in area forests, protecting property owners' rights, and helping counties to establish zoning laws regarding factory farms. All projects will provide the opportunity to network with Indiana attorneys and with the environmental community. Some projects may present the opportunity to help take cases to trial!


The International Law Society will hold its first general meeting of the year at noon on Wednesday, Oct. 8, in room 122. Free pizza will be available for all in attendance. The ILS will be welcoming SJD student Mukhit Yeleuov, who earned an LLM from the Law School in 2001. Yeleuov will speak about international law in general, as well as law in Kazakhstan. Don't miss the opportunity to hear Yeleuov's presentation and to get to know other JD and international graduate students who are interested in international law. Students who would like to join the ILS can do so at this meeting.



The LEXCEL session, "Case Synthesis," conducted by Professor John Applegate and Professor Don Gjerdingen, will be held at noon on Monday, Sept. 29, in the Moot Court Room.


Positions are open for representing the Law School in the National Environmental Moot Court Competition. All students are welcome to apply. Three students will be selected to represent IU. Two will write the brief and present oral arguments, and the third will act as a student coach. The faculty coach is Professor A. James Barnes. The brief is due early in December and the oral arguments will be given at Pace University in White Plains, N.Y., beginning on Feb. 19.

Although not required, moot court and oral argument experience as well as relevant course work will be considered. Priority will be given to second- and third-year students. Preference for the two team positions will be given to new participants, while past participants will receive preference for the student coach position. If interested, please submit a current resume and a statement of interest (covering relevant experience, reasons for interest in the competition, and commitment to the study of environmental law) to Dean Leonard Fromm no later than Monday, Sept. 29. Dean Fromm, Professor John Applegate, and Professor Barnes will make the selections.

This year's topic has yet to be posted, but past topics have included illegal dumping of hazardous waste, vicarious criminal liability of corporate officers for their company's environmental crimes, and commerce clause limits on water pollution regulation.

About the NEMCC

In 1989, Pace University School of Law began hosting the NEMCC. Regarded as the pre-eminent environmental law moot court competition in the United States, the NEMCC attracts over 180 student advocates from over 65 law schools across the United States and Canada every year. Participants have the opportunity to demonstrate their skills in brief writing and oral advocacy before federal circuit judges and judges from the U.S. EPA's Appeals Board. Three teams compete against each other in each argument, reflecting the fact that actual environmental litigation frequently involves numerous parties: the government, public interest groups, and the regulated industries. For more information, visit


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Requests for AV services may be sent to Beth Plew 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. 29: LEXCEL session for 1Ls, noon, Moot Court Room;

NEMCC applications due

Sept. 30: Dean Robel speaks to students, noon, Moot Court Room

Oct. 1: Environmental Law Research Group callout meeting, noon, room 216

Oct. 2: ACS lecture, "Undercover Police Operations: Stings, Pigeons, and the Law," Professor Paul Marcus, noon, Moot Court Room

Oct. 3: "India's National Security Challenges," V.P. Malik, 6 p.m., room 005, Wylie Hall

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