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Indiana Law Annotated

Vol. 24 No. 1 (January 20, 2003)

Table of Contents

KING'S JUSTICE

"I am in Birmingham because injustice is here." So wrote Dr. King from the Birmingham jail, where he was serving a sentence for violation of an injunction forbidding him from demonstrating during the Easter holiday in 1963. King is celebrated on Monday, but with a national holiday in his name and the passage of time come, inevitably, a veneer of distance and iconography that threaten to obscure one of the fundamental facts of King's life: his transformative understanding of the demands of justice and the relationship between justice and law.

King's incarceration followed a deliberate decision to disobey an injunction he and his supporters believed constituted an unconstitutional prior restraint on speech, and a speech that made clear his complete understanding of the consequences of that decision. He "would feel morally and legally responsible to obey the injunction if the courts of Alabama applied equal justice to all of its citizens," but Alabama had "defied the desegregation decision of the Supreme Court." His decision to disobey the injunction was made "not out of any disrespect for the law but out of the highest respect for the law.....Just as in all good conscience we cannot obey unjust laws, neither can we respect the unjust use of the courts. We believe in a system based on justice and morality. Out of our great love for the Constitution of the U.S., and our desire to purify the judicial system of the state of Alabama, we risk this critical move with an awareness of the possible consequences involved."

How could King insist on adherence to Brown v. Board of Education, while breaking other laws, such as the one prohibiting a demonstration? King's subsequent Letter from a Birmingham Jail, provoked by that question from fellow clergy, stands as a classic treatment of the moral obligation to oppose unjust laws. A "code that a majority inflicts on a minority that is not binding on itself," notes King, is unjust---no more than "difference made legal." A "code inflicted upon a minority which that minority had no part in enacting or creating because they did not have the unhampered right to vote" is also unjust, as is a law "just on its face but unjust in its application," like the discriminatorily-applied parade permit requirement that had led to his arrest. The effect of injustice in the laws of Southern states was part of King's lived experience, and his sustained and courageous demand that the country live up to the ideals of its Constitution forced a nation to collectively examine its conscience.

King's legacy for us as citizens and human beings is a rich one, but his legacy for us as lawyers is invaluable. Both the letter, and his famous "I Have a Dream" speech, speak to the requirements of justice in a context of deep respect for law. The community is invited to join us on Martin Luther King Day, at 2 p.m., in the Moot Court Room, for a showing of that speech. King's letter can be found online at http://www.stanford.edu/group/King/popular_requests.

Lauren Robel, Acting Dean and Val Nolan Professor of Law

EVENTS & LECTURES

MARTIN LUTHER KING DAY EVENTS

In addition to the 2:00 p.m. screening in the Moot Court Room of Martin Luther King Jr.'s "I have a dream" speech, a number of events are planned campus-wide this week in his memory.

Of particular interest is a talk to be given Monday evening by Professor Patricia J. Williams, of the Columbia Law School. A scholar on the rights of minorities and women, Williams is the author of The Alchemy of Race and Rights, which was named one of the 25 best books of 1991 by the Voice Literary Supplement and one of the "feminist classics that literally changed women's lives" in Ms. Magazine's 20th anniversary edition. Her talk will be at 6 p.m. at Whittenberger Auditorium in the Indiana Memorial Union.

Also note the Unity Summit, a discussion of a variety of topics including race relations, hate crimes, and classroom dynamics, which will be held at noon in the Neal-Marshall Black Culture Center Grand Hall (behind the IU Auditorium).

For more information, and a complete listing of events, visit http://www.indiana.edu/~libugls/MLK/.

BROWN V. BOARD VIDEO WEDNESDAY

At noon in the Moot Court Room on Wednesday, Jan. 22, Professor Geyh will introduce a screening of The Road to Brown, a video about the legal campaign leading up to Brown v. Board of Education in 1954.

MEMORIAL SERVICE TUESDAY FOR JEFFREY JOEL

We note with sorrow that one member of our community, Jeffrey Joel, a first-year student, died over the holiday break of an apparent heart attack. His widow, Ann Kreilcamp, will join us for an in-school memorial service on Tuesday, January 21, at 4 p.m. in the faculty lounge. All students and faculty who knew Jeff are invited. For those who wish to send Ann a card, her local address is: 134 N. Overhill Dr., Bloomington 47408.

INDIANA COURT OF APPEALS TO HEAR ARGUMENTS AT LAW SCHOOL FRIDAY

Three judges from the Indiana Court of Appeals will be here at the Law School on Friday, Jan. 24, at noon, to hear oral arguments in the case of Gerald Hammock v. Red Gold, Inc., and Liberty Mutual Group. The panel members to be present are the Honorable L. Mark Bailey, the Honorable Paul D. Mathias (JD'79), and the Honorable Patrick D. Sullivan.

Attorneys for each party will be allowed one half hour to argue. Once the oral argument is concluded, the judges will be happy to answer any questions that members of the audience might wish to ask, other than questions about the merits of the case argued. Photographs and videos may be taken before or after, but not during, the argument.

Since appellate advocacy is the focus of the second semester of Legal Research and Writing, first-year students especially should try to attend.

Re: Hammock v. Red Gold, Inc., and Liberty Mutual Group

On August 31, 1998, Gerald Hammock was involved in an automobile accident in which his vehicle struck an electric pole. The damaged electric pole supplied electricity to a Red Gold, Inc., tomato processing plant which was located two and one-half miles from the scene of the accident. As a consequence of the accident, electric service was interrupted to the Red Gold plant for five hours, resulting in a loss of tomatoes in various stages of processing, loss of ingredients added to the tomatoes, loss of finished product, extra labor costs, additional cleaning costs, and loss of profits. Red Gold filed suit against Hammock asserting that he was negligent in the operation of his vehicle, and, therefore, monetarily liable for the injury sustained by Red Gold. Liberty Mutual Group, the insurer of Red Gold, joined in the complaint.

Liberty Mutual filed a motion for summary judgment, requesting that the trial court enter judgment against Hammock in the amount of $44,212.00, the portion of the loss Red Gold suffered for which Liberty Mutual was required to reimburse Red Gold. The trial court granted the motion for summary judgment. Hammock is appealing from the trial court's grant of summary judgment in favor of Liberty Mutual. The issues presented in this case include:

1. whether Red Gold was a foreseeable victim for the purposes of establishing foreseeability as a component of both duty and proximate cause, and

2. whether Red Gold should have had a second power source which could have operated the plant's equipment in the event of a power failure.

NEWS FROM THE FACULTY

On Jan. 4, Professor Jeannine Bell presented a paper on a panel on minorities and hate crime at the American Association of Law Schools (AALS) Annual Meeting.

Congratulations to Professor Mike Jenuwine, associate director of the Child Advocacy Clinic, on passing the Indiana State Psychology Board's very challenging examination for licensing clinical psychologists.

At the annual meeting of the Section on Contracts of the AALS, Professor David Snyder was on a panel that discussed "Teaching Contracts Transactionally" and gave a paper entitled "Closing the Deal in Contracts: Introducing Transactional Skills in the First Year." The proceedings of the section, including this paper, will be published this summer in the University of Toledo Law Review. At the same meeting Snyder was elected secretary of the section, on whose executive committee he has served for the last year. Becoming secretary this year generally means becoming chair-elect next year.

NEWS FROM STUDENT AFFAIRS OFFICE

STUDY-ABROAD PROGRAM OPPORTUNITIES

During the week of Jan. 27, there will be a series of meetings regarding the application process for the SPEA-sponsored globalization program in May, our USD-sponsored summer programs, our 2003-04 semester exchange programs, and our spring 2004 London program. The exact days and times for each meeting will be forthcoming in the next issue of the ILA.

PRESIDENTS COUNCIL MEETING

A semester meeting for all organizational presidents, chairs, or a designee, will be held on Monday, Jan. 27, at noon, in room 122.

APPLICATION DEADLINE FOR SNYDER VISITING SCHOLARSHIP

Dr. Earl A. Snyder, an alumnus of Indiana University School of Law and Cambridge University, has generously provided support for a student (current 2L, 3L, LL.M., or S.J.D.) from Indiana University to work at the Research Centre for International Law of Cambridge University during the fall of 2003 (September through November). A current 2L, if selected, would need to take a leave of absence for the fall semester.

Mr. Snyder will provide air fare, housing, meal allowance, and a small stipend. The Centre contemplates that the Snyder Scholar will be in residence for about three months and will conduct independent scholarly research with a view toward publishing the results of the research. Because the Centre expects the Snyder Scholar to work on an

international law project, applicants must have had international law or equivalent courses. The Snyder Scholar should also be committed to further study of or practice in international law. Demonstrating a commitment can be done by listing courses taken in the international law area, research in international law topics, employment in the international arena, knowledge of languages, career goals, extracurricular activities and so on.

Applicants should provide the following:

1) a resume; and

2) a statement of commitment to international law and

3) apersonal research agenda.

Return your completed applications to Dale Calabrese in room 024 by Monday, February 3, 2003.

The preliminary selection committee will comprise faculty members. The final selection will be made by Mr. Lauterpacht, Cambridge University professor and one of the premier lawyers on the international front, in March. See Dale or Dean Fromm with questions.

NEWS FROM CAREER SERVICES

LABOR AND EMPLOYMENT LAW CAREER OPPORTUNITIES

The American Bar Association Section of Labor and Employment Law is sending several of its most knowledgeable and experienced members to the Law School to talk about career opportunities in what has become one of the fastest growing areas of practice in the country.

The program will take place on Thursday, Feb. 6, from noon to 1:00 p.m. in room 216 at the Law School. The ABA will provide lunch (pizza and soft drinks) for those attending.

The panel of experienced practitioners will reflect the Labor and Employment Law Section's customary variety of perspectives (employer, union, employee, and neutral) and share real-life situations and information. The panel members are Craig Borowski (Baker and Daniels); Nora Macey (Macey, Swanson and Allman); Johanna Maple (EEOC); Raifael Williams (NLRB); and Professor Terry A. Bethel.

There also will be a free drawing for one of the section's leading books in the field.

If you're interested in working in this area of law, come meet and talk with leading labor and employment lawyers who practice locally. You'll also be able to learn about informational and career resources offered through membership in the section, such as career advancement services, networking, special discounts, scholarships to attend section programs, and access to a wide range of electronic and print information.

If you are interested in attending, or if you would like further information, please contact Kim Bunge, Office of Career Services, 812-855-8433.

NEWS FROM STUDENT ORGANIZATIONS

STUDENT LAW ASSOCIATION RESPONDS TO AFFIRMATIVE ACTION EDITORIAL

TO: The Law School Community

FROM: Student Law Association

RE: Affirmative Action at IU School of Law Bloomington

As the governing body for the students of IU Law, we thought it would be appropriate for us to respond to the recent editorial by Professor Heidt in the Indianapolis Star. We believe that IU Law's admissions practices result in a diverse student body, and that our minority peers are well qualified to be here.

In addition to being a state institution, IU Law Bloomington is regarded as a national law school. Last year, regardless of race, more than 50% of our students came from outside of Indiana. Our graduates go to work across the country, and many of us will go to states more diverse than Indiana. By fostering a diverse environment, IU Law prepares us to work with people from across the nation, and indeed across the world.

We also do not believe that our admissions policy promotes diversity solely for the sake of being diverse. Our approach to admissions, as explained by Professor Stake and Dean Robel, is focused on the entire applicant and his or her unique life experiences. We should not begin with the threshold assumption that LSAT score and GPA always determine whether an applicant is "qualified," and that other characteristics of the applicant are so secondary that their consideration becomes suspect. We are glad that our law school's admissions policy is more comprehensive.

We believe that our minority students are well qualified for IU Law. As students, we have seen the successes of our minority peers in various aspects of our legal education, ranging from the classroom, to student leadership positions, to success on our prestigious journals, moot court programs, and trial team. The strength of our admissions process is also demonstrated by the outstanding records of our minority students beyond law school as prominent lawyers and judges in our nation's legal community.

Finally, we are dismayed that Professor Heidt's article questioned the integrity of our faculty and administration. We believe that any future discussions about the issue of affirmative action should be conducted as what they are, debates about social policy. In discussing such issues, students and faculty should strive to avoid using character attacks and polarizing statements as a way to advance their positions.

2L ELECTED TO SLA

Congratulations to Dave Lohr, who has been elected to as a 2L representative for this spring.

WOMEN'S LAW CAUCUS AUCTION

This year's Women's Law Caucus Auction will be held on Friday, Feb. 7, from 6:15 p.m. to 9:45 p.m. at Axis nightclub.

ANNOUNCEMENTS

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 bl-events-law@exchange.indiana.edu (for non- Outlook users). Please include the date and time of event, length of time room will be needed, classroom requested and number of people attending 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!

AUDIO - VIDEO SERVICES

Requests for AV services may be sent to Beth at av@exchange.indiana.edu. 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.

CALENDAR

Jan. 20: Unity Summit, noon, Neal Marshall Black Culture Center Grand Hall

Screening of Martin Luther King Jr.'s "I have a dream" speech, 2:00 p.m., Moot Court Room

Professor Patricia Williams, Whittenberger Auditorium (IMU), 6:00 p.m.

Jan. 21: Memorial Service for Jeffrey Joel, 4:00 p.m., Faculty Lounge

Jan. 22: Screening of The Road to Brown, noon, Moot Court Room

Jan. 24: Indiana Court of Appeals arguments, noon, Moot Court Room

The calendar events for the 2002 03 school year can be found online at http://www.law.indiana.edu/calendar/calendarevents.shtml.

ILA: Please visit our Web site at http://www.law.indiana.edu/publications/ila/ilacurrent.shtml. 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 Leora Baude (e-mail lbaude@indiana.edu or phone 855-2426).

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 ila@indiana.edu.