Indiana Law Annotated Vol. 14 No. 9 March 9, 1998

Table of Contents

Focus on the Law School Community

from Acting Associate Dean, Roger Dworkin

The Law School is very pleased to announce two exceptional new faculty members who will join us in the fall. Actually, one of the new professors is already here serving as a Visiting Professor. John Applegate is the James B. Helmer, Jr., Professor of Law at the University of Cincinnati College of Law. Professor Applegate is a Phi Beta Kappa graduate of Haverford College and a magna cum laude graduate of the Harvard Law School. After law school Professor Applegate clerked for Judge Edward S. Smith on the United States Court of Appeals for the Federal Circuit. He then practiced law with Covington and Burling in Washington, D.C. and served as a staff attorney for the Washington, D.C. Legal Services Program before joining the Cincinnati faculty in 1987. Professor Applegate, who is an award winning teacher, will offer courses in the Property and Environmental Law areas. He is an extraordinarily distinguished scholar who will bring added luster to our already impressive environmental law reputation.

Our second new faculty member, Dawn Johnsen, is currently the Acting Assistant Attorney General, Office of Legal Counsel of the United States Department of Justice. In this prestigious position Ms. Johnsen is in many ways the President's lawyer for legal policy matters. Before assuming her present post Ms. Johnsen graduated summa cum laude and Phi Beta Kappa from Yale University and graduated from Yale Law School where she served as Article and Book Review Editor of the Yale Law Journal. Ms. Johnsen then clerked for Judge Richard D. Cudahy on the United States Court of Appeals for the Seventh Circuit, was a staff counsel fellow for the ACLU Reproductive Freedom Project, and from 1988 to 1993 served as legal director of the National Abortion and Reproductive Rights Action League. She first joined the Justice Department as an Assistant Attorney General in the Office of Legal Counsel in 1993, advancing to her present position in 1997. Ms. Johnsen will teach primarily in the Constitutional Law area and will offer a Seminar in the Separation of Powers in the fall.

The Law School is very fortunate to have attracted two such distinguished faculty members to our midst. Please join the faculty in making Professors Applegate and Johnsen welcome. Thanks go to Professor Dau-Schmidt and the members of the Appointments Committee for their hard work in bringing these new faculty to our school.

The heartiest of congratulations go out to all participants in the Sherman Minton Moot Court competition. A record number of 168 students, a truly remarkable number, participated in the competition that started last September. Special accolades go to Shane Abma and Susan McDonald for their dedication, indefatigable energy, and sensitive leadership of the whole process! Thanks to all members of a moot court board who put in the long hours to get the job done and done extremely well. It should be mentioned that there is no law school endeavor that has the reach of the Sherman Minton Moot Court competition. Including all alumni judges, faculty judges, third year student judges, second year participants, and first year bailiffs, approximately 600 people participated in some part of the process! Finally, among all the participants in the competition, the four semi-finalists deserve special recognition and praise: Damon Leichty, Jeremy Hill, Ximen Wolf, and Jennifer Rhoades. Congratulations to the winners: Damon and Jeremy. Other winners for best briefs, oralists, etc. and moot court positions for next year will be announced in early April.

News from Student Affairs Office

A few spaces remain for the SPEA-sponsored summer programs in Paris and Brussells (May 18-29) and in Bonn, Frankfort, and Geneva (May 31-June 12). Each program is worth two credits. Applications are available in Room 024.

Indiana State Bar applications for the July exam are available in the Recorder's Office. The mailing deadline for the application is April 1, 1998.

Spaces remain at this time for summer externships in Indianapolis in the Environmental Adjudication Office and the Utility Consumer Counselor's Office. Please see Dean Fromm as soon as possible if interested.

This is another reminder that there are many writing competitions available for law students to enter. Most of these include cash prizes; several include publishing opportunities. You can find postings outside the door to Room 024. A comprehensive listing is found at the University of Memphis Law School Website

So, dust off your seminar and B706 research papers and find the competitions that are relevant. Over the years many of our students have won some lucrative awards.

News from Career Services

CSO will offer a debt management seminar on Wednesday, March 11 at noon in Room 125. This seminar will address various ways to manage your student loan debt. Students concerned about making ends meet once they graduate can prepare for the future now. This is an issue for any student (1L - 3L) with student loan debt. Learn what you can do now to avoid surprises later.

News from Student Organizations

The Environmental Law Society continues its brownbag lunch speaker series with a visit from Indiana Department of Environmental Management attorneys. Bring your lunch and come to Room 124 at noon on Monday, March 9. The three speakers will be: IDEM Deputy Commissioner Tim Conway, IDEM Office of Legal Counsel Director Tom Cobb, and IDEM OLC attorney Jody Harney. They will speak to students about state environmental law topics including the following: the four IDEM initiatives (Protect Children, Voluntary Cleanup Incentives, Citizen Participation, and Regional Offices); SLAPP suit issues; and Environmental Audit Privilege Statute issues.

On Tuesday, March 10, at 8:00 p.m., the Environmental Law Society will be meeting at Nick's (upper level) to choose the members of next year's ELS executive board. ELS will cover the first round of pitchers. Anyone interested in environmental law issues is encouraged to run for an ELS board position. This is also a great opportunity for interested 1L students to get involved in ELS. If you have questions about being on ELS board, contact current ELS president Rozy Park or any of the other current board members.

The Federalist Society is pleased to announce that it will host a speech by Dr. Michael Greve, executive director of the Washington, D.C.-based Center for Individual Rights in the Moot Court room on Wednesday, March 25 at 12:15 p.m. Dr. Greve will address recent legal trends affecting affirmative action in university and law school admissions. As a follow-up to CIR's victory in the 5th Circuit law school admissions case Hopwood v. Texas, the public interest law firm is now litigating a similar case at the undergraduate level against the University of Michigan. In order to facilitate the exchange of ideas through a debate format, the Society is currently seeking an individual supporting the continued use of racial preferences in university and law school admissions to speak opposite Dr. Greve. Please contact secretary Kristi Prutow at 334-7749 or

The following day, Thursday March 26, Professor Terry Bethel is scheduled to deliver the fifth talk in the Lawyers at the Lion series at the Irish Lion at 6 p.m. The Society wishes to thank Professor Steve Johnson for an enlightening discussion of the IRS tax code on February 19. Nineteen individuals-- including surprise guest Paul Hager, the 1996 Libertarian Party candidate for the 8th Congressional District --attended Professor Johnson's sharp critique of this "monstrosity."

The Federalist Society will be hosting a speech by Notre Dame Law Professor Charles Rice on April 8, who will deliver a critique of Roe v. Wade and the cases that followed. The Society is also seeking an individual to speak opposite Professor Rice in defense of Roe and the plurality decision of the 1992 decision Planned Parenthood of Southeastern Pennsylvania v. Casey.


The library is compiling a collage of pictures, memorabilia and clippings representing the graduating class of 1998. The collage will be displayed in the lobby. Graduating students can share their memories by contributing a variety of items. The library will return all the items to contributors following graduation.

Do you have pictures representing important events that occurred in your life during law school? (Include who or what it is, and what year it was taken.) Law school memorabilia such as law school tee shirts, cups, or posters from events? Press clipping about you or a fellow third year student? (Be sure to include what newspaper the article is from and the date of the article.) Anything that has significance to you (and will fit in the display case)? If so, get these items to the librarians in the Reference Office or to Wendy Brim, the Assistant to the Law Library Director as soon as possible.

The library asks students to not just leave items in the office or at the Circulation Desk. Each item must have a completed form attached that includes the contributor's name and the address to where it should be returned. Students can pick up these forms at the Reference Desk or in the Library Office. All comments or reminiscences must be signed, although the library will not necessarily use the contributor's name in the display. The library reserves the right to omit any item.

1L oral arguments are just around the corner--March 28 through April 7. Professor Stuart encourages former students to serve as OA judges. Students interested in judging can sign up in Room 265. Professor Stuart will distribute appellate briefs and bench briefs the week after spring break and will put the record on reserve in the Library.

Independent contractors are needed for Labor Law I, Inc., 11:00-11:50 a.m., MTW, Room 120, Law School. Must be reliable and willing to work hard. Great pay and working conditions. Contact President Dau-Schmidt, Room 323. Law School, (812) 855-0697.

Events, Lectures

James Kennedy, Bloomington chief of police, will present a talk entitled "Civil Liberties and Local Law Enforcement" on Tuesday March 10 at 7:00 p.m. in the third floor faculty lounge of the law school. It is sponsored by the student chapter of the ACLU and is open to the public.



...Bar Review, 9:00 a.m.-4:00 p.m.


...Law Library Interrogatories.

...ELS hosts IDEM attorneys, 12:00 p.m., Room 124.


...Law Library Interrogatories.

...ELS Elections, 8:00 p.m., Nick's.


...Federalist Society Meeting, 12:15 p.m., Room 120


...MPRE Exam.


...Federalist Society Michael Greve, executive director, Center for Individual Rights, speaking on Affirmative Action in University and Law School Admissions, 12:15 p.m. Moot Court Room.


...Federalist Society, Terry Bethel speaking at the Irish Lion, 6 p.m.


...ELS summer scholarship deadline, CSO.


...Mailing deadline for Indiana State Bar applications for the July exam.

Updated: 9 March 1998