Indiana Law Annotated Vol. 15 No.1 August 31, 1998

Table of Contents


Please join the law school in welcoming two new faculty members. John Applegate, who visited us last spring, comes to the law school from the University of Cincinnati College of Law where he was the James B. Helmer, Jr. Professor of Law. Professor Applegate's focus is in the area of environmental law and he has taught such subjects as Regulation of Toxic Substances and Hazardous Wastes, Environmental Law, and International Environmental Law. While at Cincinnati, Professor Applegate received two Goldman Prizes for excellence in teaching. In a recent editorial entitled, "The People's Advocate," the Cincinnati Enquirer thanked Professor Applegate for the key role he played in the cleanup of the former uranium plant at Fermaldi, noting "John Applegate's service here is an example of what citizenship is all about."

Prior to joining the faculty at Cincinnati, Professor Applegate was an associate at Covington & Burling in Washington, DC ; a staff attorney at the Neighborhood Legal Services Program in DC; and a law clerk to the Honorable Edward S. Smith of the U.S. Court of Appeals for the Federal Circuit. This fall Professor Applegate will be teaching a seminar in Environmental Law.

Professor Dawn Johnsen most recently served as the Acting Assistant Attorney General of the Office of Legal Counsel in the Department of Justice in Washington, D.C. The Office of Legal Counsel serves as legal advisor to the President and the Executive Branch. Before her position with OLC, Professor Johnsen served as a Deputy Assistant Attorney General for three years. She has also served as the legal director of the National Abortion & Reproductive Rights Action League (NARAL), as staff counsel fellow for the American Civil Liberties Union, and as a law clerk to the Honorable Richard D. Cudahy on the U.S. Court of Appeals for the 7th Circuit. This fall she will be teaching Constitutional Law II.

The law school welcomes back Professor Joseph Hoffmann who is returning from a year as a Fulbright Scholar in Japan. Professor Hoffmann was a Visiting Professor at the International Center for Comparative Law and Politics of the University of Tokyo. He taught a course on Criminal Justice in the United States and co-taught a graduate seminar on comparative U.S.-Japan criminal law and procedure with Professor Masahito Inouye of the University of Tokyo Faculty of Law.

We are also delighted to welcome back Professor Jost Delbrick and Visiting Professor Paul Craig. Professor Delbrick is a permanent member of the law faculty, splitting his time between IU and the Institut fr Internationales Recht / An Der Universitat Kiel. Professor Delbrck recently received Kiel's equivalent of an honorary doctor of laws, the Honorary Senator. The last award of this type was given ten years ago. He will be teaching a seminar in Globalization with Dean Aman this fall.

Professor Craig is a regular visitor to the School of Law. He teaches at Worcester College in Oxford University, where he was recently named the Oxford Chair in English Law. Professor Craig will be teaching Administrative Law and a seminar on the European Union.


In a story about his course at Amherst College on Murder---the most popular course in the school's history---the New York Times described Visiting Professor Austin Sarat as "the most popular faculty member at Amherst," and quoted one student, "He teaches like a talkshow host, a Phil Donohue with brains." Austin Sarat, who is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College, will spend Fridays at the Law School, where he is teaching this semester.

Professor Sarat received his JD from Yale Law School. His background includes teaching stints at Yale and John Hopkins, and he has received numerous awards and fellowships, among them the Harry Kalven Prize which is awarded by the Law & Society Association in recognition of "a distinguished body of scholarly work that has contributed most effectively to the advancement of research in law and society." Professor Sarat is teaching a seminar in Social Organizations and Law, and will be at the Law School every Friday, where he can be found in the Dean's Suite offices.


Roberto Toniatti, Dean of the University of Trento Faculty of Law, will be visiting the Law School from August 26 through September 19, 1998. Professor Toniatti is visiting IU as a Fellow of the Institute for Advanced Study. He will present his Institute lecture on September 8, 1998 at 12 noon in the Moot Court Room. The title of the talk is "Not Only Babel: European Cultural Diversities and their Legal Protection." Everyone is invited to attend.

Professor Toniatti is best known for his work in the area of comparative constitutional law. His expertise in comparative law is particularly in relation to democratization in multicultural and transnational contexts. His scholarly projects include studies of citizenship and cultural regions in Europe and Latin America; the role of courts in Eastern Europe and Latin America; globalization and the role of autonomous religion in Italy and Europe; the Italian Constitution and the need for reform; and the education of global professionals.

Professor Toniatti's office will be in the Dean Suite, Room 240.


In March, the Department of Defense notified the Law School that, unless the School allowed the military services to recruit in the law building, law students would be denied Department of Education funds under the provisions of the Omnibus Funding Bill of 1997 and the National Defense Authorization Acts for Fiscal Years 1996 and 1995, commonly known as the Solomon Amendment. The Amendment requires access for military recruiters within a university and among its units (specifically including law and medical schools) equal to that enjoyed by other employers.

The School has had a strong non-discrimination policy that includes sexual orientation for many years, and the faculty remains strongly committed to the policy. Under the School's policy, military recruiters could not recruit in the Law Building because of their practice of discriminating on the basis of sexual orientation.

After receiving the Department's notification, the Faculty met to consider whether to amend its policy to allow the military services to recruit in the building. Faculty members and administration were concerned that continuation of the School's policy of denying access to military recruiters would result in the loss to law students alone of more than $150,000 in federal educational loans, grants and work-study funds.

As a result of the meeting, the Faculty - with profound reluctance - adopted an exception to its non-discrimination policy to allow military recruitment in the Law Building. The sole reason for adopting the exception was to prevent student financial hardship.

The non-discrimination policy and the exception for the military will be as follows:

Indiana University School of Law-Bloomington is committed to a policy of nondiscrimination in employment regardless of gender, religion, sexual orientation, disability, age, race, or ethnic origin.

Career Services facilities are open only to employers who support these policies. A sole exception is granted to the U.S. Dept. of Defense (DoD). This exception will remain in effect as long as the April 1997 DoD interim regulations implementing the military recruiting provisions of the Omnibus Funding Bill of 1997 and the National Defense Authorization Acts for Fiscal Years 1996 and 1995 are in effect.

Please direct your comments regarding the policy and the exception to Associate Dean Lauren Robel.


All law students should have active e-mail accounts with the main University through University Information Technology Services (UITS). Each year the Law School sends many important and timely notices through this avenue of communication, especially when such notices cannot wait for the next ILA newsletter.

First-year students (and upperclass students who did not activate an account last year) may generate their own computing accounts using the Network ID Starter Kit in any UITS Macintosh or Windows computing lab, including the Law Library Computer Lab. The Starter Kit is available Monday-Friday, 8am-9pm, and Saturday, 9am-2pm.

To use the Network ID Starter Kit, students need to know their 9-digit Student Identification Number and 4-digit Registration PIN. (If you do not know your Registration PIN, take a photo ID to the Office of the Registrar, Franklin Hall 100 , Monday-Friday, 8am-5pm.) Students must register for classes at least one day in advance before using the Starter Kit. Law students may see David Lankford in the Law Library Computer Lab with any questions.

Visit ~ucshelp/accounts.html for more detailed information on getting your first account. For the location of sites and the staffed hours of labs outside the law school, visit:


Professor Dworkin attended a conference, "The Human Analyzed: Ethical and Legal Problems Confronting Human Genome Research," in Frankfurt (Oder), Germany from August 2 to 10. At the conference he delivered a paper entitled, "The Human Genome Project's Implications for Autonomy, Respect, and Professionalism in Medical Genetics."

Professor Fidler's article "Legal Challenges Posed by the Use of Antimicrobials in Food Animal Production," was accepted for publication in the Pasteur Institute's new journal Microbes and Infection.

Professor Fidler's article "Microbialpolitik: Infectious Diseases and International Relations" was accepted for publication in the American University International Law Review.

Professor Fidler's chapter "Sisyphus in the Microbial World: Antimicrobial Strategies and Humanity's Health," will be published in the book Anti-Microbial/Anti-Infective Materials: Principles, Applications, and Devices (Technomic Publishing, 1998).

Professor Fidler's article "Global Health Policy and the Proposed Japanese Infectious Disease Law" was published in Japanese in the August issue of the Japanese science journal Kagaku.

Professor Fidler's article "Legal Issues Associated with Anitmicrobial Drug Resistance," was published in 4 Emerging Infectious Diseases 169 (1998).



Wednesday, September 9. Noon, Room 120. or Thursday, September 10. 11a.m., Room 125.

Want to prepare for upcoming interviews? Want to make a good impression? See a live mock interview and help critique the performance. Learn how to handle those awkward questions and what to expect. Come join us as we help prepare you for fall & spring interviews. Attendance will be limited so please sign up outside the SO.


DROP/ADD: will continue through and including September 2. Remember that drop/add is a

two step process and you must process your drop/add with the Recorder's Office AND the touch tone telephone system. Instructions are available in our office and posted on the grade board.

Updated course selections for the fall semester reflecting drop/add through last Thursday have been placed in your mailboxes. Whether you processed a drop/add or not, it is highly suggested that you call the touch tone telephone system and review your schedule with the University computer. If you find an incorrect course selection on the telephone system, please report this to our office immediately. The class times on the telephone system may differ from the law school schedules. Please use the law school class schedule grid showing the times and rooms.

Exam numbers for B763, Water Law are available in our office.



Students interested in participating on the Indiana University School of Law--Bloomington Jessup International Law Moot Court team should submit an application to Professor David Fidler by 5:00 p.m. September 4th. The application should consist of: (1) a resume, (2) a one page statement of interest in international law and the Jessup competition, and (3) a writing sample (e.g., research paper, brief, memorandum, etc.). A faculty committee will meet to select the Jessup team members. Interviews may be required by the faculty committee. Five team members will be selected--four oralists and one non-oralist. Students interested only in the non-oralist position may indicate this on their application.

The students selected will begin work immediately on the Jessup moot court problem for the regional competition. The fall 1998 semester will be devoted to researching and writing the memorials on the Jessup problem. The early part of the spring 1999 semester will be devoted to preparing for oral arguments at the regional competition. Jessup is a significant time commitment, and this should be considered by students before they apply.

More information about the Jessup competition can be accessed on the Internet Homepage of the International Law Students Association, at Questions about the IUB selection process should be directed to Professor Fidler, Room 321, 5-6403, or

The Protective Order Project will hold a brief informational meeting on Thursday, September 3 at 7:00 p.m. in Room 125. The purpose of this meeting is to give prospective volunteers an introduction to the Project and an overview of their role.

The Protective Order Project will hold a sign up session for experienced volunteers on Monday, September 7 from 12:00 to 1:00 p.m. in the POP office. Calendars will then be posted outside the office for those who cannot attend the session.



Steve, of "Steve and Barry's" across the street, wishes to notify students that they will be towing illegally parked cars this year. Steve said they had not made it a practice before, but plan to do it this year.


There will be a mandatory meeting of the presidents and chairs of all student organizations on Tuesday at 12:15 in room 120. If the head of the group is unable to attend, a representative from the group should be sent.


The Admissions Office is looking for student volunteers to participate in the Tour Guide Program. Volunteers give applicants and visitors to the school a brief tour of the school and the opportunity to sit in on classes. If interested please stop by the Admissions Office, Room 230 or call 855-4765 for more information. A general informational meeting will also be held in September.


To maintain the beauty of our building, we ask everyone to please abide by the following guidelines regarding the placement of posters and flyers:

Day of Event: On the day of a law school event, a student organization may place a sign on an easel outside the law library. See the library main desk for an easel. Signs for future events may not be placed on easels.

Future Events: Signs for upcoming law school events may be placed on either of the two long bulletin boards on the 1st floor between classrooms; on the sponsoring student organization's board in the student lounge, and on the ends of lockers. No signs may be placed on doors, walls, and other parts of the building.

University Events: These signs may be placed on either of the two long bulletin boards on the 1st floor.

For Sale/Rent & General Notices: These notices are restricted to the bulletin board next to the SBA bookstore. Notices placed on any other bulletin board or on any part of the building will be removed.


Tuesday, September 1, President's Council Meeting, 12:15 p.m. in room 120.

Thursday, September 3, Protective Order Project informational meeting, 7:00 p.m. in Room 125.

Updated: 29 August 1998