A newsletter for friends of the Indiana University School of Law—Bloomington • September/October 2008 (Vol. 6, No. 4)

Dear Friend,

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Each year at this time, we embark on another academic year with deep appreciation for the continuing dedication and contributions of our alumni. Hundreds of devoted Indiana Law graduates keep the School — and our students — moving ever forward. In this spirit, we are thrilled to host our inaugural Alumni Summit this Friday, Oct. 3, in Bloomington. The new event format, a reworking of our popular Alumni Weekend, will allow greater opportunities for networking among alumni and students. The weekend will include meetings of seven Law School advisory boards, as well as a wide array of events at which all are welcome: my State-of-the-Law School presentation at 9 a.m.; a panel discussion at noon titled "Church and Politics: Where is the Partisan Boundary?" with Father Bob Keller and Robert Long, JD'71, moderated by Professor Dan Conkle; a memorial service for beloved Professor Emeritus Val Nolan Jr., JD'49, at 1:30 p.m.; a ceremony to honor our Distinguished Service Award winners and a portrait presentation in honor of Pat Baude at 4 p.m.; and a reception for students, faculty, and alumni at 5:30 p.m. Visit the Indiana Law Web site for a detailed schedule of events.

This Fall will also bring many exciting speakers and public events to Indiana Law. On Oct. 2, Sanford Levinson (University of Texas) will deliver this year's Jerome Hall Lecture titled "Constitutional Dynamism and Constitutional Stasis: The Schizoid Nature of the United States Constitution." On Oct. 13, Indiana Law will sponsor a public lecture on the future of the U.S. role in the Middle East peace process by Prince Zeid Al-Hussein, Jordan's Ambassador to the United States, former Ambassador to the United Nations, and the first president of the International Criminal Court. These events, and many others, showcase how Indiana Law remains a vital force in the public discourse and in the lives of its students and alumni.

As always, we enjoy sharing with you our continuing advancements at Indiana Law, and we look forward to seeing you in Bloomington very soon.

All my best,

Lauren Robel, JD'83
Dean and Val Nolan Professor of Law

Indiana Law Welcomes Stellar Class of 2011

Laptops Indiana Law's class of 2011 began its studies this week as the best credentialed class in Indiana Law history.

The 205-member class boasts a median LSAT score of 164 and a median GPA of 3.71. Based on last year's national statistics, the class of 2011 would be ranked among the top 10 public law schools in terms of its median LSAT scores, and among the top four public law schools for its median GPA.

Dean Lauren Robel said the class is "an absolutely stellar group."

"At a time when law schools across the country must compete vigorously to recruit top students, Indiana Law continues to attract and admit some of the best-qualified students around," Robel said.

Median GPA scores rose from 3.45 for the class of 2010 to 3.71 this year, a substantial increase attributed to a greater focus on grades during the admissions process. Assistant Dean for Admissions Frank Motley said the ability to keep the median LSAT score at 164 — which it was for the class of 2010 — while increasing the median GPA by such a large margin is a testament to the quality of applicants.

"This year we decided to pay a bit more attention to the grades and the outcome we think will please those who have been historically concerned that law schools put an over-emphasis on the LSAT," Motley said.

Nearly 2,400 applications were received to be a part of the class of 2011, with 205 students beginning classes. They come from 97 different undergraduate institutions and represent 33 U.S. states. Included in the class are a doctor, a professional chef, a flight instructor, and several military and National Guard officers. While they are diverse, the class members have one defining trait in common: academic excellence.

"Cumulatively, this is the best-credentialed entering class that we have ever admitted to Indiana Law," Motley said. "But statistics are only a starting point. I think the talents and character on which the admissions committee selected these students will be borne out in the classroom discussions and in first-year examinations. I think the faculty will be pleased with the depth and breadth of their background and experience."

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Inaugural Alumni Summit Takes Place Oct. 3

Indiana Law alumni from seven advisory boards will convene Oct. 3 for the inaugural Alumni Summit.

The event will include individual board meetings; a State-of-the-School address by Dean Lauren Robel; a reception for alumni, faculty, and students; and a memorial for Emeritus Professor Val Nolan Jr., JD'49.

Distinguished Service Awards will also be presented to four alumni. This year's recipients are Gary L. Davis, JD'82; Fred H. Gregory, LLB'53; and Robert A. Long, JD'71; and Sarah M. Singleton, JD'74.

"The Summit promises to be an energy-filled event that will not only allow for individual board meetings but also for networking and student interaction," Assistant Dean for Alumni Relations Andrea Havill said.

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Family and Children Mediation Clinic Dedicated to Taliaferro

Vi Taliaferro On Oct. 3, Indiana Law will honor Judge Viola J. Taliaferro, JD'77, by dedicating the Viola J. Taliaferro Family and Children Mediation Clinic.

The clinic will continue Taliaferro's vital work on behalf of children and families, and provides a critical service to the community by working with low-income families to resolve paternity, child custody, and other issues in the best interests of the child. In addition, by training and certifying students as family mediators, the clinic will help address a pressing need in our society for legal professionals who are trained to deal with issues specific to children.

Taliaferro has spent her entire career in the service of children and families. She worked as an educator and social worker for many years, but found her true calling upon graduation from Indiana Law, when she began a private practice specializing in family law. In 1995, she was appointed to the Monroe County Circuit Court, where she served as a juvenile judge.

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Memorial Service to be Held for Professor Emeritus Val Nolan

Val Nolan A memorial service for Val Nolan Jr. will be held Oct. 3. The emeritus professor of law and biology died on March 27, 2008.

After graduating from IU in 1941, Nolan became a Deputy U.S. Marshall. He went on to join the Secret Service, protecting President Franklin D. Roosevelt. He was a veteran of the U.S. Navy, serving under President Roosevelt's son, James.

Nolan entered the IU School of Law in 1946, where he served as editor of the Indiana Law Journal, and was a member of Phi Beta Kappa, Order of the Coif, and Phi Delta Phi.

After earning his law degree in 1949, Nolan joined the Indiana Law faculty, where he taught until his retirement in 1985. During that span, he served as acting dean in 1976 and again in 1980 as the Law School searched for a permanent replacement.

While teaching law, Nolan pursued his interest in ornithology. He was appointed as a research scholar in the Department of Zoology in 1957, and taught a course there for a professor on sabbatical. Nolan studied Prairie Warblers in the wild for more than 20 years, which led to the publication of Ecology and Behavior of the Prairie Warbler Dendroica Discolor, which has been called the most comprehensive study of a single bird species ever published.

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Former Senator Birch Bayh Speaks at Indiana Law

birch bayh The American Constitution Society hosted a talk Sept. 25 by former U.S. Senator Birch Bayh, JD'60, titled "Separation of Church and State: As Important Today as in the 18th Century." Bayh is a partner in the Legislative and Regulatory Group of Venable's Government Division. He is an expert in the legislative process, having represented the State of Indiana for 18 years in the U.S. Senate, followed by a 20-year law career representing individuals, corporate clients, and public entities before all three branches of government.

Bayh was a member of the United States Senate from 1962-1980. During his Senate career, he served on the Judiciary Committee, the Appropriations Committee, and the Environment and Public Works Committee. He served as Chairman of the Senate Select Committee on Intelligence, the Senate Appropriations Subcommittee on Transportation, and the Senate Subcommittee on the Constitution. Bayh also chaired the National Alcohol Fuels Commission and the Office of Technology Assessment Study on the Patent System. He is the author of the 25th and 26th Amendments to the Constitution and an architect of the Civil Rights Act of 1964, the Voting Right Act of 1965, Title IX of the Higher Education Act, and the Equal Rights Amendment.

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Indiana Court of Appeals Hears Oral Argument in Mishler v. State

The Indiana Court of Appeals heard oral arguments in Mishler v. State Sept. 29 in the Moot Court Room. A panel composed of Chief Judge John G. Baker, JD'71, Judge Edward W. Najam and Judge Paul D. Mathias, JD'79, heard the case on appeal from Elkhart Superior Court.

The case involves statements and a videotaped interview allowed into evidence in a child molestation case. The appellant contends that the statements and interview failed to satisfy the admissibility requirements of Indiana Code section 35-37-4-6, the "Protected Person Statute," and that the admission of the victim's statements violated his right to confront witnesses testifying against him.

The Court sought to determine whether an error occurred in admitting the child victim's pretrial statements and videotaped interview into evidence at trial. Arguing for the appelllant, Paul L. Mishler, was Juan Garcia Jr. of Garcia & Crawford LLC, Elkhart.

The Court hears oral arguments at venues across the state to enable Hoosiers to learn about the judicial branch, and members of the audience are invited to ask questions about the judicial process in Indiana following the submission of the case. The Court regularly visits the Law School.

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President Nominates Simon, JD'87, to Seventh Circuit

President George W. Bush recently nominated Philip Simon, JD'87, to the U.S. Court of Appeals for the Seventh Circuit. He currently serves as the U.S. District Court Judge in the Northern District of Indiana. He has held that position since 2003.

According to the White House, as a district judge, Simon has written opinions on a wide range of complex and civil criminal matters. The Seventh Circuit is the last stop prior to being heard by the U.S. Supreme Court for cases in Illinois, Indiana, and Wisconsin. If confirmed by the U.S. Senate, Simon will replace retired Judge Kenneth F. Ripple.

Simon has had a distinguished legal career, ranging from serving as an associate at the law firm of Kirkland & Ellis, to serving as assistant U.S. attorney in the Northern District of Indiana. In that capacity, Simon oversaw all criminal prosecutions in the Northern District of Indiana and supervised a task force on public corruption.

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Levinson Presents Jerome Hall Lecture

Sanford Levinson On Oct. 2, Sanford Levinson, W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair and Professor of Government at the University of Texas at Austin, will deliver this year's Jerome Hall Lecture in the Moot Court Room. He will present "Constitutional Dynamism and Constitutional Stasis: The Schizoid Nature of the United States Constitution."

Previously a member of the Department of Politics at Princeton University, he is now a professor in the Department of Government at the University of Texas. The author of more than 250 articles and book reviews in professional and popular journals, Levinson is also the author of four books: Constitutional Faith (1988, winner of the Scribes Award); Written in Stone: Public Monuments in Changing Societies (1998); Wrestling With Diversity (2003); and, most recently, Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It) (2006). His edited or co-edited books include a leading constitutional law casebook, Processes of Constitutional Decisionmaking (5th ed. 2006, with Paul Brest, Jack Balkin, Akhil Amar, and Reva Siegel); Reading Law and Literature: A Hermeneutic Reader (1988, with Steven Mallioux); Responding to Imperfection: The Theory and Practice of Constitutional Amendment (1995); Constitutional Stupidities, Constitutional Tragedies (1998, with William Eskridge); Legal Canons (2000, with Jack Balkin); The Louisiana Purchase and American Expansion (2005, with Batholomew Sparrow); and Torture: A Collection (2004, revised paperback edition, 2006), which includes reflections on the morality, law, and politics of torture from a variety of disciplinary perspectives. He has taught a course on "Torture, Law, and Lawyers" at the Harvard Law School. He is also a regular participant on the popular blog, Balkinization.

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Church and Politics: Where is the Partisan Boundary?

On Sept. 28, more than 30 pastors in 22 states announced their intention to violate federal law by endorsing political candidates from their pulpits. Father Bob Keller and retired California attorney Bob Long, JD'71, will participate Oct. 3 in "Church and Politics: Where is the Partisan Boundary?" to discuss the intersection of politics and religion. Professor Dan Conkle will moderate the discussion. Keller will provide a religious perspective, while Long will give a legal perspective.

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A Conversation with Prince Zeid

Prince Zeid Indiana Law and the Student Alliance for National Security are co-sponsoring an event with Prince Zeid Al-Hussein titled "U.S. Policy and the Future of the Middle East, A Conversation with Prince Zeid, Jordanian Ambassador to the United States." Visiting Law Professor and former Iraqi Ambassador to the United Nations Feisal Istrabadi, JD'88, will moderate the event, which will be held at 7:30 p.m. on Monday, Oct. 13, in the Whittenberger Auditorium at the Indiana Memorial Union.

In addition to his role as Jordan's Ambassador to the United States, Prince Zeid is also the non-resident Ambassador to Mexico. He was previously the kingdom's Permanent Representative to the United Nations; a post he held from 2000 through 2007. From 1996-2000, he was Jordan's Deputy Permanent Representative at the UN, with the rank of Ambassador.

An expert in the field of international justice, Prince Zeid played a central role in the establishment of the International Criminal Court. In September 2002, he was elected the first president of the governing body of the International Criminal Court, at a time when the Court was only a plan on paper. Prince Zeid also served as a political affairs officer in UNPROFOR in the former Yugoslavia from February 1994 to February 1996, and, having worked intimately with peacekeeping issues over the last decade, his knowledge of peacekeeping is extensive.

Prince Zeid holds a BA from The Johns Hopkins University and a PhD from Cambridge (Christ's College).

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Indiana Supreme Court Hears Klotz v. Hoyt

The Indiana Supreme Court will be hearing arguments in the case of Klotz v. Hoyt at noon on Thursday, Oct. 16, in the Moot Court Room. In a dispute between a landlord and tenants regarding the payment of back rent and return of the security deposit, the Delaware Circuit Court entered judgment for the tenants. The Court of Appeals reversed. Klotz v. Hoyt, 880 N.E.2d 1234 (Ind. Ct. App. 2008), vacated. The Supreme Court has granted a petition to transfer and has assumed jurisdiction over the appeal.

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Applegate Honored with 2008 Women in the Law Recognition Award

Amy Applegate Amy Applegate, clinical professor and director of the Family and Children Mediation Clinic, will be honored Thursday, Oct. 2, with the 2008 Women in the Law Recognition Award.

The award is presented by the Indiana State Bar Association to a female attorney in the state who has contributed to the legal profession as a whole or to a particular area of practice. It will be awarded during the ISBA's Annual Meeting in Indianapolis.

Applegate was nominated by Indiana Commission for Continuing Legal Education Executive Director Julia Orzeske. "Amy has made lasting and substantial contributions to the legal profession," Orzeske said. "She has served as a mentor, teacher, and leader to female students, attorneys, and underrepresented females in the legal system; and is an untiring inspiration to her students who are seeking to pursue a legal career."

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Conrad, Rhodes, Sanchez Named Finalists for Best, Brightest Award

Three Indiana Law alumni were top 10 finalists for the 2008 Indy's Best and Brightest Award in the Law category. Matthew Conrad, JD'02, Jennifer L. Rhodes, JD'99, and Rafael Sanchez, JD'02, were named three of the 10 finalists for the award, which is presented by Junior Achievement.

The winner of the law category was J.P. Hanlon of Baker & Daniels, LLP.

The 10 finalists in each category were nominated by community members in an attempt to recognize the top individuals under the age of 40 in their respective fields. Judges give special emphasis to nominees with "meaningful professional accomplishments" who "demonstrate leadership qualities in the workplace or community."

Professionals are chosen in 10 fields, ranging from accounting to technology.

Conrad is an attorney with Krieg DeVault LLP, Rhodes is a partner with Ice Miller LLP, and Sanchez serves as an attorney with Bingham McHale LLP.

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Sherman Minton Moot Court Competition

The 2008-09 Sherman Minton Moot Court competition gets underway Oct. 10. Oral arguments will take place from Oct. 10 through Nov. 10. Oral arguments will be held most weeknights and on Saturdays. Weeknight sessions will begin at 6 p.m. and 8 p.m. during the fall rounds, with Saturday arguments beginning at 10 a.m., 1 p.m., or 3 p.m. Most of the second-year class traditionally participates in the annual competition, which is also open to third-year students who have not previously competed. For more information, including a schedule of events, visit the Sherman Minton Moot Court Competition Web site.

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Upcoming Alumni Events and Receptions

An Alumni Reception in conjunction with the 2008 Indiana State Bar Association Annual Meeting will be held from 5 p.m. to 6 p.m. on Thursday, Oct. 2, in the Hyatt Regency Indianapolis, Studio Lounge, 3rd Floor, One South Capitol Ave. Join Dean Robel, faculty members, fellow alumni, and friends for a reception at the Indiana State Bar Association Annual Meeting. Even if you are unable to attend the ISBA meetings, please plan to come to the reception. Hope to see you there!

On Friday, Oct. 3, the Law School is hosting its first annual Alumni Summit, an all-day gathering of the Dean's Advisory Boards. The Alumni Summit replaces the traditional alumni weekend at the School and allows us to bring back involved alumni from the Law Alumni Board, the Black Law Students Association Alumni Advisory Board, the Business Law Advisory Board, the Environmental Law Program Advisory Board, the Intellectual Property Law Program Advisory Board, the Latino Alumni Advisory Board, and the Sherman Minton Moot Court Advisory Board.

The Class of 1988 Reunion Dinner will be held at 6 p.m. on Saturday, Oct. 4, in the Nick's English Hut Hump Room, 423 E. Kirkwood Ave., in Bloomington. RSVP by Oct. 1, 2008 to: lawalum@indiana.edu or 812-855-9700.

capitol building The Annual Dean's Reception in Washington, D.C, will be held from 6 p.m. to 8 p.m. on Tuesday, Oct. 21, at Jones Day, L. Welch Pogue Room & Terrace, 51 Louisiana Ave., N.W. Join Dean Robel and area alumni for Indiana Law's annual fall reception, featuring a special presentation by Professor Sarah Jane Hughes, "Responding to National Security Letters: How Two IU Law Faculty Found Themselves Writing a Book on the Subject and What We Learned." We hope you can join us! RSVP by Oct. 14 to lawalum@indiana.edu or 812-855-9700.

On Friday, Oct. 31, the Board of Visitors will have their Fall meeting. It will be held at the Law School from 9 a.m. to 5 p.m.

The Class of 1998 will hold a reunion at 11 a.m. on Saturday, Nov. 15, at Oliver Winery's Outdoor Garden Patio, 8024 N. State Rd. 37, Bloomington. RSVP by Nov. 10, 2008, to lawalum@indiana.edu or 812-855-9700.

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Faculty News

Professor Jeannine Bell published "The Fair Housing Act and Extralegal Terror" in the Indiana Law Review.

Professor Kevin Brown's comment, "Reflections on Justice Kennedy's Opinion in Parents Involved: Why Fifty Years of Experience Shows Kennedy Is Right," appeared in the South Carolina Law Review.

Professor Fred H. Cate authored "Government Data Mining: The Need for a Legal Framework," which was published in the Harvard Civil Rights-Civil Liberties Law Review, and was the subject of a Department of Homeland Security workshop on "Implementing Privacy Protections in Government Data Mining" in Washington, at which he testified. He spoke at a number of conferences, including the International Association of Privacy Professionals' executive forum in New Hampshire; Sandia National Laboratories' CyberFest 2008 in Albuquerque; the Center for Strategic and International Studies' program on Biometrics and Security in Washington; the Ninth Annual Privacy Law Institute in New York; the inaugural Privacy Law Scholars Conference in Washington; and Identity 2008 in San Diego. He taught a course on Information Privacy and Security for the Indiana Graduate Program for Judges, and his chapter, "Determining the Legality of Surreptitious Code," appeared in Crimeware (Addison-Wesley/Symantec Press, 2008). In August, he was named a technology policy advisor to the Obama campaign.

Ken Dau-Schmidt Professor Ken Dau-Schmidt has been appointed secretary-elect for the Labor and Employment Law Section of the American Bar Association. In this capacity he will work with Nora Macey, JD'75, Macey Swanson & Allman in Indianapolis, who was chair-elect. The section officers plan and approve ABA programs related to labor and employment law, and the secretary is given the task of summarizing all Supreme Court cases on labor and employment law for the annual meeting. The appointment will run three years. Dau-Schmidt attended the ABA Section on Labor and Employment Law Annual CLE Conference in Denver, Sept 12-14, and chaired the session on Labor and Employment Law at the Annual Fall Retreat of the Law and Society Association in Madison, Wis., Sept 19-21.

Professor Rob Fischman co-authored a chapter on the national wildlife refuges in "Preliminary Review of Adaptation Options for Climate-Sensitive Ecosystems and Resources," published as the U.S. Climate Change Science Program Synthesis and Assessment Product 4.4 (2008) (with J.M. Scott et al.). He also co-authored a report recently released by the Environmental Protection Agency titled Preliminary Review of Adaptation Options for Climate-Sensitive Ecosystems and Resources. He was a contributing author for the 100-page chapter on national wildlife refuges.

Professor Charles Geyh published an article in the Notre Dame Journal of Law, Ethics & Public Policy, titled "Straddling the Fence Between Truth and Pretense: The Role of Law and Preference in Judicial Decision Making and the Future of Judicial Independence." As director of the ABA's Judicial Disqualification Project, and with the assistance of 3L Kate Lee, Geyh drafted a report that he and Lee presented at the Annual Meeting of the ABA in New York City. An abridged version of their report was published in the latest issue of Judicature magazine.

Professor Michael Grossberg presented "United States History in Global Context" at the Community College Teachers Workshop, Organization of American Historians, Ivy Tech College in Bloomington.

On Sept. 16, Professor Joe Hoffmann received the 2008 Judicial Excellence in Education Award for Outstanding Non-Judicial Faculty from the Texas Center for the Judiciary. One recipient is selected annually. In August 2008, Hoffmann served as a faculty member at the University of Tokyo Law School's Summer School.

Sarah Jane Hughes In August, Professor Sarah Jane Hughes participated in the Cyberspace Law Committee's offerings at the ABA Annual Meeting in New York. She was a panelist for two presentations, the first of which was a session titled "Hot Topics in Electronic Payments" that touched on bankruptcy issues with retailers' prepaid cards, deposit insurance for payroll cards and other types of prepaid cards, and money laundering concerns with prepaid cards. In addition, she organized a CLE program on national security letter law based on the book that she is co-authoring with Professor David Fidler titled Responding to National Security Letters: A Guide for Practitioners (forthcoming February 2009). In addition, Hughes has been providing assistance to Consumers' Union on topics related to prepaid cards and whether card values are fully insured to each payroll card recipient by the FDIC in case of bank failure. She also assisted the Privacy Coalition in formulating its comments to the Department of Justice on proposed changes to operational guidelines for federally funded state and local data collection and sharing that were submitted on Sept. 2. She also was the featured presenter at the September meeting of the Privacy Coalition in Washington discussing the state of national security letter law following the Foreign Intelligence Surveillance Act Amendments of 2008. And, finally, Hughes recently completed updates to Volume 10 of the Hawkland Series on the Uniform Commercial Code, which deals with non-UCC-governed forms of retail payments such as credit, debit and stored-value cards, automated clearing house transfers, PayPal, and mobile payments.

In August, Professor Jody Madeira presented "'Victim, Heal Thyself?' Towards a Communicative Theory of Closure" at Indiana Law's Big 10 Untenured Conference in Bloomington. At the same conference, Professor Christiana Ochoa presented "Merchants, Pirates and the Future of Customary International Law."

On Nov. 13, Professor Aviva Orenstein will present "The O.J. Trial of Its Day: The Drama, Pathos, and Legal Sniping of the Then Infamous, Now Forgotten Case of Regina v. Bedingfield and Its Lessons for Modern Evidence Law" at the John Marshall Law School Faculty Roundtable in Chicago.

Professor Timothy Waters published "The Blessing of Departure: Acceptable and Unacceptable State Support for Demographic Transformation — The Lieberman Plan to Exchange Populated Territories in Cisjordan" and "A Different Departure: A Reply to Shany's 'Redrawing Maps, Manipulating Demographics: On Exchange of Populated Territories and Self-Determination.'" Both articles were published in Law & Ethics of Human Rights (2008). In August, he presented "Confronting Constitutional Deadlock in Bosnia: Aims, Strategies and Implications" at Indiana Law's Big 10 Untenured Conference in Bloomington.

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Recent Faculty Media Hits

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