Indiana Law Annotated Vol. 15 No.2 September 7, 1998

Table of Contents


The ILA is published every Monday and serves as the Law School's main newsletter and mode of communication. The ILA includes information on law school events, faculty and student activities, class registration, bar review information, and a host of other important issues. It is a weekly "must-read" if you want to be "in-the- know" about what is going on at your law school.

The ILA is distributed by e-mail to all law students and is placed in four clear bins near the student mailboxes (two on the front case and two on the back wall). This will be the only ILA issue you receive in your mailbox. If you have not activated a University e-mail account so you may receive ILA electronically, please read the article in this issue that describes how to get an account set-up. You will find that many offices, including the Office of the Associate Dean, Career Services and Student Affairs, utilize the student e-mail accounts to send important notices that cannot wait for the next ILA or Career Services Newsletter.

Student organization news or letters to the editor are most welcome. Letters to the editor are due by 5:00 p.m. each Wednesday and student organization submissions are due by 10 a.m. each Thursday. Please note that there is a specific format and process for submitting announcements to the ILA; a flyer describing the format and process is available in the Dean's Suite and the Student Affairs Office. Please stop by and pick one up.


Some of you may remember Professor Charles G. Geyh, who taught Civil Procedure last semester. Next fall, he will be joining the faculty of the I.U. School of Law as Professor of Law. Professor Geyh is a professor of Law at Widener University School of Law, Harrisburg, PA., and currently is visiting professor at Cleveland State University. Professor Geyh received his B.A. in Political Science at the University of Wisconsin, and his J.D. at the University of Wisconsin Law School.

Besides his scholarship on legal and legislative interaction, his teaching, lecturing, and excellent publication record, Geyh served as Law Clerk to the Honorable Thomas A. Clark, United States Court of Appeals for the Eleventh Circuit, Atlanta, and as Counsel, United States House of Representative, as well as with the Washington, D.C. law firm, Covington & Burling. Professor Geyh has also served as advisor to various judicial and legislative committees, including as Assistant Special Counsel, Pennsylvania House of Representatives, as Consultant to the National Commission on Judicial Discipline and Removal, and as advisor to Senator R. Biden, Jr., during the Senate Confirmation of Justice Clarence Thomas to the Supreme Court.

Professor Geyh will be teaching Civil Procedure, Legal Professions, Federal Courts, and Unfair Competition.


There are new procedures for students to request an accommodation under the Americans with Disabilities Act. Student requesting an ADA accommodation need to go to the Office of Disabled Students Services. That office will make an assessment of the student's eligibility for accommodation, and then determine (with faculty and the student) what accommodation is necessary or required. The following are the procedures for students to follow:

1) To receive an accommodation under the ADA, students must file an application with the Office of Disabled Student Services (DSS), a unit of the Campus Life Division. Requests for accommodations should be made far enough in advance to allow DSS staff adequate time to coordinate needed services. Generally, it is best to request needed services before a semester begins or as soon as a disability becomes known.

2) Students must provide documentation of their disability and how it limits their participation in courses, programs, services, jobs, activities, and facilities of the University. Documentation of the disability should be timely and from appropriate professionals licensed to diagnose the type of disability the student has. Medical documentation will be retained by only the Office of DSS and kept confidential.

3) The Office of DSS makes the determination of whether the student is eligible for accommodations under the ADA. Then DSS staff and the student will discuss what assistance is needed and, if requested, DSS staff will provide information to relevant faculty members and/or the academic unit verifying the disability and indicating the nature of the accommodation required.

4) If there is a discrepancy between opinions of faculty and/or the academic unit and student regarding what adjustments are appropriate, the Office of DSS will facilitate discussions between the student and faculty members and/or academic units. It is the responsibility of the Office of Disabled Student Services to determine the reasonable accommodation in a particular case, taking into account the content of the course, the student's disability, and the documentation from an appropriately credentialed professional. Nothing in these procedures require an academic unit to fundamentally alter the nature of its academic program.

5) Students are expected to meet with their instructors during office hours to discuss needed assistance in their course work so that details of their various adjustments are coordinated. Students are responsible for notifying DSS staff if reasonable accommodations are not implemented in an effective and timely way.

Students who believe the university has not met its obligations under the ADA should consult with the Office of Affirmative Action.


by Joe Hoffmann

First, I want to let all of you know that I'm happy to be back in Bloomington again, after my most recent year in Japan. It was a fascinating and enjoyable year for me and my family, but it's also good to be back home.

Now that I'm back, I have agreed to take on the new role of Director of International Programs. In this role, I will do several things, including: (1) work with Lisa Farnsworth, who will continue in her role as the Director of Graduate Legal Studies; (2) supervise various faculty and student exchange programs; (3) develop new programs, particularly in the area of short-term faculty exchanges; (4) serve as a conduit for information about international opportunities for faculty and students; and (5) set up overseas alumni clubs and otherwise improve alumni relations with our very important and ever-increasing ranks of international graduates.

If you have any other ideas about things I should try to do in this regard, especially if they don't involve spending money, please don't hesitate to let me know...

In the meantime, here is some information about international activities around the Law School this semester:

-- We have welcomed a new class of 31 international graduate students: 18 MCL students, 13 LLM students, and 1 SJD student. The MCL and LLM students come from 9 different countries; the majority come from Korea (10), Thailand (8), or Taiwan (7). Our SJD student, Daifallah A. Al-Zahrani, is from Saudi Arabia. We also have one student, from Korea, who is pursuing a Certificate in Legal Studies. We are extremely pleased by both the quantity and the quality of our international students this year, especially in view of the fact that many of our students come from countries that have been severely battered by the Asian financial crisis.

-- We have also welcomed three exchange students, who come to us by way of the two new exchange programs that were approved by the faculty last year: Marie Bouvet, from Paris II (France), and Eduardo Sottilla and Juan Ortega, both from ESADE (Spain). All three will stay at our Law School for the fall semester only.

-- There are currently two international visiting scholars in the Law School (in addition, of course, to our regular colleagues, Jost Delbruck, Paul Craig, and Elisabeth Zoller):

Ainura Cholponkulova, from Kyrgyzstan, has been here for five months, and will leave at the end of September. She is First Secretary for the Ministry of Foreign Affairs in Bishkek, Kyrgyzstan, and also lectures at two university law schools. Her research is in the area of separation of powers, especially with respect to foreign policy.

Roman Podoprigora, from Kazakstan, has just arrived, and will stay until November 22. He is the Head of the Administrative Law Department of the "Adilet" Higher Law School in Almaty, Kazakstan (and a friend of Marat Sarsembaev, who visited here in 1996-97). His research is in the areas of administrative law and non-profit corporations law.

In November, we will be joined by Wei Xiaojun, from the People's Republic of China. He is the Section Chief of the Criminology Investigation Department, Ministry of Public Security, PRC. He will stay for one year, and will do research on drug enforcement laws and international information exchanges.

We are also anticipating the probable arrival, in November, of a visiting scholar from Finland who will work in the area of intellectual property. And, in April, a Japanese visiting scholar will begin a one-year stay at the Law School to do research on comparative criminal procedure law.

I am sure that I speak for everyone in welcoming all of our international students and visiting scholars to the IU Law School. Let's hope that we can all share in a mutually enriching and rewarding (and fun!) experience.


A few years ago Indiana University enacted a policy prohibiting smoking in University buildings. Since that time people have had to go outside to smoke. Although this solved many problems within University buildings, it has created some additional problems at the Law School.

Smoking outside the Law School student lounge entrance is one of the problem areas. There is a large intake vent in the covered area outside the student lounge. When people smoke in this area, the smoke is drawn into the building and creates a significant problem in parts of the Law Library and Law School. Accordingly, smoking is prohibited in the covered area outside the student lounge. This has not solved the problem satisfactorily because the intake fans still draw smoke from outside the covered area. University officials indicate that moving or adjusting the intake fan and vent is not a viable solution.

The second problem area is in front of the Law School building. Many complaints have been received by SLA (Student Law Association) members and others about people smoking in this area. The strong odor and smoke from cigarettes and cigars is very unpleasant for those entering and leaving the building.

In response to these problems, smoking is limited to the patio area on the southeast side of the Law School, accessed by the door across from the main entrance to the library and adjacent to the central stairwell door. No smoking will be allowed at the main entrance to the Law School or anywhere in the vicinity of the student lounge north entrance (including the area immediately outside of the covered portion of the entrance). We appreciate your cooperation with enforcing this policy. If you have any questions, please see Dean Fromm or your SLA representative. Thank you.


All law students should have active e-mail accounts with the main University through University Computing Services (UCS). 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 upperclassmen who did not activate an account last year) may generate their own computing accounts using the Network ID Starter Kit in any UCS 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 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


On August 1, Professor Charles Geyh moderated a panel discussion on the rule of law and judicial independence at a conference on international justice hosted by the American Judicature Society (in coordination with the American Bar Association) in Toronto. Excerpts will be published in a forthcoming issue of the journal, Judicature.

Professor Popkin's book--Statutes in Court: The History and Theory of Statutory Interpretation--has been accepted by Duke University Press and will be published this spring.



Any students interested in the possibility of going on the London program this coming spring should see Dean Fromm this week.



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 CSO.


Tentative December 1998 graduates need to complete graduation data in the Recorder's Office by Friday, September 11.



On Wednesday, September 9, ILA's kick-off party will be at Flora Ristorante (620 W. 5th St.) We especially want to invite all 1Ls and all MCL, LL.M, and SJD international students. If you need a ride or can provide a ride, meet in front of the law school at 4:30-4:45 p.m. In case of beautiful weather, we will be on the deck. The party will run from 5:00 to 8:00 p.m.


Elections for the three 1L SLA representative positions will be held Monday and Tuesday, Sept. 7th and 8th during the lunch hours. The first annual SLA meeting will be held on Wed. Sept. 9th. Thanks very much, and if you have any questions, please feel free to speak with 3L Meghan Groves or 2L Angela Karras!


The Women's Law Caucus will hold our first meeting on Wednesday, September 9, at 12:00 in Room 121. Bring your lunch and come find out about WLC. We will begin taking nominations for new officers at this meeting. Elections will take place next week.


BLS will meet at Crazy Horse on Thursday, September 10 at 6 p.m. to plan its events and activities for the year. Students interested in joining the Business and Law Society are encouraged to attend. If you have any questions, contact Loren King at


PILF will have a meeting on September 8, 1998 at 12:15 in Room 120. We will serve pizza! We will answer the question "What is Public Interest Law" by talking to professors and students who have worked in a wide variety of legal environments. PILF looks forward to seeing you there!



Dean Roberto Toniatti of the University of Trento, Italy has had to cancel his visit to IU for reasons of health. Hence, the lecture previously scheduled for September 8th is also canceled.


All students interested in trying out for one of the law school's trial competition teams, tryouts will be held Friday and Saturday, October 2-3 in the trial courtroom. The packet of information will be available at White Rabbit and the library circulation desk on Friday, September 11. An information meeting and opportunity to ask questions about the tryouts and teams will be held at 3:00 on Tuesday, September 15. For further information, watch the bulletin boards or contact Dave Noble or Christy Short.


John Krull, the new Executive Director of the Indiana Civil Liberties Union, will talk about the 1998 session of the state General Assembly on Tuesday, September 8 at 7:00 p.m. in the third floor faculty lounge. This meeting will also serve as the introductory meeting of the student chapter of the ACLU and all interested students are invited.


The Indiana Court of Appeals will be at the School of Law on Friday, October 9, 1998, from 11:45 - 1:15 p.m in the Moot Court Room. All students are welcome to attend.


To submit a note or comment for volume 6, submit four copies of your note or comment to Christy Short, Executive Notes and Comments Editor, in the Journal Office (on the second floor of the law school) by 5pm on Friday, September 11. Please place your name on the detachable cover page, and include the title on both the cover page and the first page of your note or comment. For more information, email or call 332-5783.


Classroom reservations for Law School events should be sent by email to at least a week in advance of the date needed. Please include the name of the event or organization, number of people expected and the room number desired if there is a preference. Please also include your name, phone number and email address. Confirmation will be sent by email the day following your request. Rooms fill up quickly, so the earlier your request is submitted, the better chance you will have of reserving a room.


Information will be coming soon concerning the "big" student, alumni and faculty golf outing. Mark your calendars now for Friday afternoon of October 2.


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.


Monday, September 7, Protective Order Project sign-up session for experienced volunteers, 12:00 to 1:00 p.m. in the POP office.

Monday, September 7, SLA elections, 12:00 to 2:00 p.m., main foyer.

Tuesday, September 8, SLA elections, 12:00 to 2:00 p.m., main foyer.

Tuesday, September 8, PILF, 12:15 p.m. in Room 120.

Tuesday, September 8, ICLU Executive Director speaks, 7:00 p.m. in the Faculty Lounge (room 310).

Wednesday, September 9, WLC Meeting, 12:00 in Room 121.

Wednesday, September 9, International Law Association kick-off party, 5:00 - 8:00 p.m. at Flora Ristorante.

Thursday, September 10, Business and Law Society meeting, 6 p.m. at Crazy Horse.

Updated: 5 September 1998