Indiana Law Annotated Vol. 32 No. 5 (February 12, 2007)

Table of Contents


U.S. District Court Judge Jay C. Zainey will speak about the impact of Hurricane Katrina on the legal system at noon today, Monday, Feb. 12, in the Moot Court Room.

Professor Roger Dworkin is the featured speaker for the Last Lecture Series, which is from 5 p.m. to 6 p.m. on Thursday, Feb. 15, in the Student Lounge.

Pamela S. Karlan, 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, delivers the 2007 Addison C. Harris Lecture at noon on Friday, Feb. 16, in the Moot Court Room.


Federal Judge Speaks About Hurricane Katrina's Legal Impact

The American Constitutional Society and the Public Interest Law Foundation are proud to co-sponsor a speech by U.S. District Court Judge Jay C. Zainey (E.D. La.) about the impact of Hurricane Katrina upon the legal system and the importance of pro bono work. Judge Zainey will speak at noon in the Moot Court Room. Pizza will be served.


B547 Job Search Workshop

The B547 Job Search Workshop will be held from noon to 1 p.m. in room 125. All students are welcome.

PDP Singles' Night

Don't have a special someone for Valentine's Day? Come join Phi Delta Phi (PDP) for Singles' Night from 6 p.m. to 8 p.m. at BuffaLouie's. For only $12, you can get all the wings, salad, cheese bread, fries, and soda you could ever want. You can't get a cheaper date than that! Come fill that hole in your heart with chicken and the company of other fun law students. Disclaimer: PDP makes no representations as to the relationship status of any participants and therefore cannot be held responsible for any awkward situations that may arise.


Alternative Law Careers Workshop

The Alternative Law Careers Workshop will be presented by Cheryl Heisler, a legal consultant with Lawternatives in Chicago specializing in alternative law careers, from noon to 1:30 p.m. in room 123.

Last Lecture Series with Professor Dworkin

Hear this year's first installment of the Last Lecture Series, featuring Professor Roger Dworkin, from 5 p.m. to 6 p.m. in the Student Lounge. The Student Bar Association (SBA) revived the Last Lecture Series in 2005-06 and hopes to continue it this year. Last year, Professors Craig Bradley and Pat Baude gave their thoughts and advice. This year, Professor Dworkin, a wonderful Torts professor as well as a nationally recognized expert on the responses of the legal system to medical and biological technology, starts the series. Join us for an exciting afternoon with a brilliant professor.


Stanford's Karlan Delivers 2007 Harris Lecture

Pamela S. Karlan, the 2007 Addison C. Harris Lecturer, will address "The Establishment and Free Exercise Turns in the Law of Democracy" at noon in the Moot Court Room. 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. Prior to her teaching career, she clerked for Justice Harry Blackmun and served as assistant counsel at the NAACP Legal Defense Fund, where she specialized in voting rights litigation. From 2003 to 2005, she was a member of the California Fair Political Practice Commission.

Barrister's Ball

The Black Law Students Association presents the 19th Annual Barrister's Ball from 7 p.m. to midnight at the Indiana Memorial Union Alumni Hall. This year's special honoree is Rapheal M. Prevot Jr., JD'84. Complimentary beer and wine will be served between 7 p.m. and 8 p.m. Dinner will be served promptly at 8 p.m. Tickets, which are $30 per person, are available for purchase in the Law School lobby from noon to 1 p.m. until the day of the ball. Come enjoy this fun and elegant evening with dinner, drinks, and dancing!


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, will be 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.

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."

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 is also scheduled to present 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 is participating 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 will serve as an invited conference panelist on "The Future of Patent Reform" at Ohio State University on Feb. 23.

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).

A whitepaper co-written by Professor Joshua Fairfield is a top 10 SSRN quarterly download and has been well received by academics and the gaming community.

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).

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. 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 American Association of 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 will also serve as a speaker at the Norman Amaker Social Justice Retreat (sponsored by SALT) at the Bradford Woods Retreat Center on Feb. 24. Her talk will follow 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).


Learn About Sports & Entertainment Law

A panel of practicing attorneys will provide an insider's view of sports and entertainment law from 11:35 a..m. to 12:35 p.m. on Wednesday, Feb. 21, at the IU School of Law Indianapolis in room 375. The panel includes Peyton L. Berg, Bose McKinney & Evans LLP; Wesley A. Zirkle, Director of Business & Legal Affairs, Just Marketing International; and Scott A. Bearby, JD'92, from the NCAA. They'll tell you how to break right, cut left, and go long, all with the finesse and grace of an Oscar-winning performance. Join us for lunch, a presentation, and plenty of time for Q&A. Register for this program at The cost is $5. Pizza will be provided.

SBA Hosts Spring Golf Tournament

The Student Bar Association (SBA) will host its Spring Golf Tournament at 1 p.m. on Saturday, April 14, at Eagle Pointe. The cost is $30 per golfer. The format will be a four-man scramble. Save the date and watch for more details.


ABA Hosts Spring Meeting

Join the American Bar Association (ABA) 7th Circuit Student Division's Spring meeting in Chicago on Friday, Feb. 16, and Saturday, Feb. 17. Fill out the registration form and view the agenda.

Snyder Fellowship: Deadline Feb. 19

Dr. Earl A. Snyder, a deceased alumnus of Indiana Law and Cambridge University, generously provided support for one student (current 2L, 3L, LLM, or SJD) from Indiana University to work in England for the Research Centre for International Law of Cambridge University during fall 2007 as the Snyder Visiting Scholar. Because the Centre expects the Snyder Scholar to work on an international law project, applicants must have had international law or equivalent courses and show a commitment to further study of or practice in international law. This scholarship provides for air fare, housing, meal allowance, and a small stipend. In past years, selected students have been graduating 3Ls. A current 2L or SJD, if selected, would need to take a leave of absence for the fall 2007 semester. Interested students should submit a resume, statement of commitment to international law, and a personal research agenda to Jeanne Criswell in room 022 by Monday, Feb. 19. Following preliminary selection by faculty committee, the final selection will be made by the Cambridge University Director in March. For more details or information, contact Student Affairs.

SBA Bookstore Hours

SBA will be having Bookstore Hours again this semester. Check the door for our regular hours. Feel free to come in and buy your books or drop off last semester's books to be sold. In addition, some books are not always available at the SBA Bookstore. Therefore, SBA now has an bookstore site. You can purchase new and used books as well as study aids at this Web site. The address for the bookstore site is The Web address for the study aid site is

Scheduling Events

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, the length of time room will be needed, the classroom requested, and the number of people attending the event. Requests should be sent at least one week before the event and should 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!

Audio-Video Services

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.


The Indiana Law Annotated (ILA) is published every Monday while school is in session with news about the coming week. Information and articles for the ILA should be submitted to by Thursday at noon for inclusion in Monday's edition. If you have questions about an item appearing in the ILA, please contact Debbie O'Leary (e-mail; phone 855-2426). To view past issues, visit