Indiana Law Annotated Vol. 32 No. 6 (February 19, 2007)

Table of Contents


Final arguments for the 2006-2007 Sherman Minton Moot Court Competition will be held this week. Quarterfinals will take place from 6 p.m. and 8 p.m. Monday, Feb. 19, through Tuesday, Feb. 20; semifinals will be held from 6 p.m. and 8 p.m. on Thursday, Feb. 22; and the final round will take place at 7 p.m. on Friday, Feb. 23. A reception in the Faculty Lounge will follow. All arguments will be held in the Moot Court Room (123), and spectators are welcome. See "Announcements" below for more information.

PILF's Annual Singing for Summer Salaries event takes place at noon on Tuesday, Feb. 20, in the Moot Court Room.

Indianapolis Colts general counsel Dan Emerson, JD'79, speaks Thursday, Feb. 22 at 4:30 p.m. in the Moot Court Room. Learn about his work with the franchise, including the Super Bowl experience, and the Lucas Oil Stadium deal.


HLS Call-out Meeting

The Health Law Society (HLS) call-out and informational meeting is at noon in room 124.

Feminist Law Forum Meeting

There will be a Feminist Law Forum meeting at noon in room 122. This will be a quick, informative meeting about upcoming events, so be sure to come; there will be pizza for added incentive.

Federal Government Jobs Workshop

Dean Michael Keller will discuss finding jobs at federal government agencies from 4:30 p.m. to 5:30 p.m. in room 125. All students are welcome.

Snyder Fellowship: Deadline Today!

The Snyder Fellowship provides support for one student to research for England's Centre for International Law of Cambridge University during fall 2007 as the Snyder Visiting Scholar. This scholarship provides for air fare, housing, meal allowance, and a small stipend. Interested students should submit a resume, statement of commitment to international law, and a personal research agenda to Jeanne Criswell in room 022. For more details, contact Student Affairs.


Singing for Summer Salaries

Do you have plans for Mardi Gras? Come join your fellow classmates and eager-to-perform professors at the Public Interest Law Foundation's annual Singing for Summer Salaries at noon in the Moot Court Room. We have a great list of faculty who have signed up to participate and all they need is your support and encouragement. The professor or faculty member who raises the most money in donations will perform for the school at the end of the event. We have lots of amazing door prizes. We will also have two slices of pizza and a soda available for a $2 donation. All proceeds support our fellow classmates in summer positions working in the public sector. We will be tabling up until the day of the event so stop by and put some money in the jar of the professor you would like to see sing karaoke.


Sports & Entertainment Law Panel

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. at the IU School of Law Indianapolis in room 375. The panel includes Peyton L. Berg, Bose McKinney & Evans; 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 a pizza lunch, a presentation, and plenty of time for Q&A. Register for this program at The cost is $5.

Federal Government Jobs Workshop

Dean Michael Keller will hold a second session discussing finding jobs with federal government agencies from noon to 1 p.m. in room 216. All students are welcome.

Lunch with a Lawyer: Phil Scaletta, JD'75

Phil Scaletta, JD'75, a partner with Ice Miller who specializes in environmental law, will meet with students from noon to 1 p.m. in the Student Lounge. Sign up on Symplicity.


Indianapolis Colts General Counsel, Dan Emerson, JD'79

The Sports & Entertainment Law Society presents a talk by Dan Emerson, JD'79, partner at Bose McKinney & Evans and general counsel for the Super Bowl Champion Indianapolis Colts, at 4:30 p.m. in the Moot Court Room. Emerson will speak and answer questions about his work with the Colts, in particular putting together the deal for the Colts' new stadium. All are welcome.

Student Panel on Judicial Clerkships

Join us for a student panel discussion on judicial clerkships from noon to 1 p.m. in room 124.


Moot Court Competition Final Arguments

Four finalists will compete for the Moot Court championship at 7 p.m. in the Moot Court Room (123). All are invited to attend the event and reception following in the third floor Faculty Lounge. See "Announcements" below for more on the judging panel.


Professor Dan Conkle has published two law review articles: "Three Theories of Substantive Due Process," 85 N. Car. L. Rev. 63 (2006); and "Religious Expression and Symbolism in the American Constitutional Tradition: Governmental Neutrality, But Not Indifference," 13 Ind. J. Global Legal Stud. 417 (2006). He has also published three articles in the Encyclopedia of American Civil Liberties (Paul Finkelman, ed.; Routledge, 2006), addressing "Moment of Silence Statutes," "Wallace v. Jaffree," and "Witters v. Washington Department of Services for the Blind."

Professor Rob Fischman has a new article out in the Stanford Environmental Law Journal on the 2006 management policies for the National Wildlife Refuge System. These fairly controversial agency manual provisions raise substantive issues about how to achieve conservation goals on the refuges. They also raise interesting administrative law questions about whether courts ought to bind the agency to the new policies. The article addresses both sets of issues, and tries to connect them with broader trends in public land law.


Blogging, Clerking, and Law Firm Jobs

David Lat, a graduate of Yale Law School, former 9th Circuit clerk, former associate at New York's Wachtell Lipton Rosen and Katz, and former Assistant U.S. Attorney, will be speaking at noon on March 1 about "Blogging, Clerking, and Law Firm Jobs." Lat has been featured in the New York Times, the New Yorker, and Newsweek. He currently writes a blog (previously titled Underneath their Robes) where he discusses law firm salaries, law firm, and government job interviews; the lives of Supreme Court justices; the most attractive members of the federal judiciary; and other contemporary legal issues. Lat describes his own blog as "Harvard Law Review meets Us Weekly."

Trivia Night at Buffalo Wild Wings

Ladies and gentlemen, start getting your teams together. It's time to put your random knowledge to the test. The Latino Law Student Association (LLSA) will be hosting a trivia night on March 7 at Buffalo Wild Wings, located at 1350 W. Bloomfield Road. There will be food, prizes, and $3 pilsners. Prize sponsors include Starbucks, Buffalouies, Lazerlite, and Associates of Integrative Health (Massages). Teams will be competing in groups of five. The cost of team entry is $10 per person. Starting next week, you can register from noon to 1 p.m. at the LLSA table in the lobby. The number of teams will be limited, so sign up as soon as you can.

Join the Health Law Society in the Relay For Life!

Hate cancer? Participate in the 2007 Indiana University Relay For Life, the largest national fund raising event for the American Cancer Society. This 24-hour event will take place March 31 to April 1. Everyone is welcome to join our team you do not have to me a member of the Health Law Society. Get info and join our team online at Contact Mary Nyman ( with any questions

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.


Sherman Minton Moot Court Competition

The 2006-2007 Sherman Minton Moot Court Competition culminates this week in a final week of arguments over the course of four nights. Quarterfinals will take place from 6 p.m. and 8 p.m. Monday, Feb. 19, through Tuesday, Feb. 20; semifinals will be held from 6 p.m. and 8 p.m. on Thursday, Feb. 22; and four finalists compete for the championship on Friday, Feb. 23. Hear them battle it out at 7 p.m. in the Moot Court Room (123). Spectators, except for remaining competitors, are welcomed at all arguments. All are invited to attend a reception following the event in the third floor Faculty Lounge.

Our distinguished judging panel for the final round consists of Chief Judge Deanell Reece Tacha of the 10th Circuit Court of Appeals; Judge Jeffrey S. Sutton of the 6th Circuit Court of Appeals; Judge Diane P. Wood of the 7th Circuit Court of Appeals; Judge Edward Najam of the Indiana Court of Appeals; and Greg Castanias, JD'90, a Supreme Court practitioner at the Jones Day law firm in Washington, D.C. Congratulations and good luck to our competitors. Thank you to sponsor firm Bose McKinney & Evans and to all of our dedicated judges, who give their time and expertise to make this competition possible!

Join PAD

Phi Alpha Delta (PAD) is seeking new initiates to join the more than 60 students who are already part of this largest professional organization at Indiana Law. By joining you will find opportunities to make friends with students in every class, you will have fantastic leadership opportunities, and you will have the chance to become part of a nationally recognized and outstanding group of lawyers and law students through out the country. To learn more about PAD and joining, come see our representatives at the table located in the law school entry way from noon to 1 p.m. Monday through Thursday, Feb. 19-22. Our initiation will take place at 6 p.m. on March 1 in the Moot Court Room. Immediately following initiation, all current and newly initiated members (and our fantastic advisor Professor Don Gjerdingen) will be invited to bowl and have pizza on PAD at Suburban Lanes bowling alley. In addition, draft beers are only $1.

Hurricane Katrina Spring Break Trip to New Orleans

No spring break plans? Consider spending the week in New Orleans doing important law-related work to assist Hurricane Katrina victims. U.S. District Court Judge Jay C. Zainey (E.D. La.) has invited IU Law students to work with him and New Orleans attorneys to research and trace home titles. Many displaced homeowners inherited their homes from relatives, and do not have clear title. Without clear title, they cannot sell their property or qualify for government grants. Law students will also have the opportunity to observe proceedings in the federal courthouse and meet New Orleans-area attorneys and judges. Housing and transportation will be donated. Every effort will be made to secure funding to reimburse all food expenses. Volunteers will have evenings free to enjoy the magical city of New Orleans. If you are interested, please contact Jen Nagourney at for more information.

Good Luck Competitors!

The Environmental Law Society wants to remind everyone to give our Pace Moot Court competitors wishes of good luck! The competition is Feb. 22 through 24, and the team consists of Mindy Boehr, Steve Nagy, and Tamar Gontovnik!

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