Indiana Law Annotated Vol. 15 No.3 September 14, 1998

Table of Contents


School to Court Martial General Custer

The Honorable Ruth Bader Ginsburg, Justice of the United States Supreme Court, will visit the Law School this week. During her visit, the Justice will participate in a mock court martial of General George Armstrong Custer for his conduct at the Battle of the Little Bighorn in 1876.

The mock trial, scheduled for Friday, September 18, 1998, in the Moot Court Room, will also feature Indiana Supreme Court Justice Frank Sullivan Jr. and IU Law Professor David Williams, a former clerk to Justice Ginsburg when she served on the U.S. Court of Appeals for the District of Columbia.

The charges against Custer will be argued by IU alumna Kathleen Buck, a partner in the Washington, DC, office of Kirkland & Ellis and former general counsel for the Department of Defense, and law student Damon Leichty. IU alumnus Robert Long, managing partner of Latham & Watkins and law student Azin Lotfi will defend Custer.

During the week, Justice Ginsburg will participate in a number of events involving students. She will meet with student groups and classes such as the Women's Law Caucus, the Community Legal Clinic, The Child Advocacy Clinic, and the Protective Order Project. She will speak to the entire first- year class and the graduate students about how the Supreme Court works, and she will speak to the second- and third-year students about Women at the Supreme Court.

Events are not open to the public.


During the summer, Professor Cate spoke on privacy to the American Society of Access Professionals in Washington, DC; to the Institute for Information Industry Science and Technology Law Center in Taipei, Taiwan; and to the National State Legislative Leaders Foundation in Chapel Hill, NC. He also chaired the Informal Consultations on the Draft Convention for the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations, which Professor Fidler and he drafted, at the United Nations Headquarters in Geneva, Switzerland, and subsequently served as an "expert" at the United Nations Intergovernmental Conference on Emergency Telecommunications in Tampere, Finland, at which the treaty was formally adopted. He was appointed by Indiana Governor Frank O'Bannon to the Governor's Task Force on Public Access. Last week, Professor Cate spoke on privacy issues in health care at Duke University.

Professor Rob Fischman's essay "The Endangered Species Act at 25--What Works?" appears in the current issue of The Environmental Forum.

Professor Charles Geyh has been asked to serve as one of four task force reporters to Citizens for Independent Courts, an organization constituted under the auspices of the Twentieth Century Fund. Professor Geyh's task force will explore the line separating legitimate criticism from illegitimate intimidation of judges. The remaining task force reporters (Professors Paul Carrington at Duke, Erwin Chemerinsky at USC, and Thomas Sargentich at American) will lead task forces assigned to study the relationship between judicial independence and judicial elections, federal judicial selection, and Congressional control over federal jurisdiction.

Adjunct Professor Rory O'Bryan has been invited to join the American College of Real Estate Lawyers (ACREL). He is one of only 16 new members who were elected nationally to membership this year. ACREL has a total of about 800 members, including a number of well-known real estate law professors (e.g., Dale Whitman and Grant Nelson), and the group produces exceptional educational programs.


Any student who did not complete the process of drop/add for the fall semester through the touchtone telephone system, needs to see the Recorder immediately.

Tentative December 1998 graduates need to complete a graduation data form in our office. Deadline was last Friday, September 11.



Through the noon hour this week on Tuesday and Wednesday, our student organizations will staff tables in and around the Student Lounge. First-year students (and interested second- and third-years) will have the opportunity to talk with representatives of our groups.


For those of you writing research papers, check out the various writing contests that are posted outside Room 024. In past years, we have had students win some very lucrative cash prizes and be published in various law journals. The University of Memphis has made an effort to collect all these contests on their website as well. It can be found at:


On Monday of next week, i.e. September 21, in Room 121, at noon, there will be a meeting of 3Ls to discuss graduation activities and form committees to plan the events of the graduation weekend.


Thanks to all the smokers who have been utilizing the wonderful area for smoking on the southeast corner of the building, accessed by the door across from the main entrance to the Library and adjacent to the central stairwell. For those who have missed the earlier notices, not smoking in the front of the building is a terrific courtesy to all non-smokers who enter the building, which is why we have a policy of "no smoking" in the front.



Phi Delta Phi legal fraternity invites all interested law students to an informational meeting Monday, September 14, at noon in Room 124. Pizza will be served.


Friday, September 18, the Environmental Law Society will host its third annual Evening at Oliver Winery. Festivities will begin at 7 p.m. and will include lots of food, good music, and a slew of people from the Law School, SPEA, and the Bloomington community. In addition--NEW this year--there will be a balloon ride raffle. An ELS-labeled Oliver Merlot will also be available. Leave your school stress at home, bring picnic dinners and blankets, come and relax under the stars on the beautiful grounds at Oliver Winery. All week, from 10 a.m. to 2 p.m., tickets and wine reservations will be on sale in the Law School lobby. Tickets and wine will also be available at the event. Prices: tickets - FREE for ELS members (ELS dues $8); advance tickets - $5; tickets at the door - $6; wine - $15 per bottle; raffle - $1. If you have any questions or need directions, please contact Sasha Engle (smengle, 331-7998).



Just a reminder to the Sherman Minton Moot Court competition participants: the deadline to turn in your briefs is Friday, October 9, at 12:00.


On Monday, September 14, Professor Paul Craig will be speaking on "The European Community into the Next Millennium." This is a great opportunity to meet and hear from THE expert in the field. The event will take place at 6:00 p.m. in Room 214, and Pizza and Pop will be provided.


We would like to take the opportunity to thank all 1Ls for your participation in the recent SLA elections. Your 1L representatives are Ibrahim AlGhandi, Sarah Fischer, and Trent Klingerman. Please feel free to e-mail or approach them to express any concerns or questions. Their e-mails are: Ialghani, Safische, Tklinger.

Please note: Permanent SLA Bookstore Schedule will be posted this week.


Any member of the law school community may request audio-video and other media services by sending a request to Beth Plew, our A-V supervisor. E-mail your request to The request must contain the following information:

  1. The name and e-mail address of the person making the request.
    1. If the request comes from a secretary, we need to know the faculty member's name.
    2. If the request comes from a student, we need to know if the student represents an organization.

    Note: We cannot process a request without an e-mail address to which we can respond (this goes for students, too).

  2. A description of what you want us to do.
  3. The date, location, starting time and duration of the event.
  4. If we will be videotaping the event, we need to know:
    1. The nature of the activity being videotaped.
    2. If it is something other than taping a class, the name of the person who will unlock the room and arrange furniture, if necessary.
    3. If the request is for taping in Room 219 or Room 222, the number of tapes we should make.
    4. Where to put the videotape(s) when we are done.
  5. If we are playing a videotape for you, do you want an AV operator to remain throughout the event, or just be responsible for setting up and taking down the equipment?


The doors to the Law School--with the exception of the main doors on Indiana Avenue--will lock next Friday, Sept. 18th, at 3:00 p.m.



The Sherman Minton Moot Court Board, in conjunction with the law school faculty, is sponsoring discussions/lectures to benefit both the competition participants and anyone who is interested in improving his or her brief writing and oral argument skills. Two events regarding appellate brief writing are currently scheduled. Look in the ILA, on posters, or on the Moot Court bulletin board for additional events. We look forward to a large turnout at these events, since we have 130 participants in the competition alone.

First, Professor Cathy E. Crosson will speak in Room 125 on Thursday, September 17, at 6:30 regarding the art of writing a winning brief.

Professor Crosson graduated summa cum laude in political science from Indiana University, Bloomington. After several years of graduate work in political science, she attended law school at Indiana, graduating cum laude. Following graduation, she accepted a judicial clerkship with Judge James B. Young of the Indiana Court of Appeals. She then joined the law firm of Weston, Sarno, Garrou & DeWitt of Beverly Hills, California, with whom she remains associated as Of Counsel. She joined the faculty at Indiana in 1990 as a writing instructor and currently serves as the Associate Director of the Advocacy Program. Professor Crosson teaches Legal Research and Writing and Appellate Advocacy.

Active in appellate work and negotiations in state and federal courts, Professor Crosson's work with Weston, Sarno has been primarily at the appellate level. She has authored numerous petitions and briefs in four cases argued before the U.S. Supreme Court. The most recent, Alexander v. U.S., concluded almost a decade of litigation on the use of RICO forfeitures in obscenity cases before state and federal courts from Florida to California. She also serves as a Briefing Attorney with Feminists for Free Expression.

Matt Gutwein will also speak about the common pitfalls in brief writing on Monday, September 21. The discussion will take place at 7:00 p.m. in Room 125.

Mr. Gutwein is a top graduate of our law school (Class of 1988) and went on to a clerkship with the Honorable Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit in San Diego, CA. He then joined Onek, Klein & Farr, a leading Supreme Court litigation firm in Washington, DC. After that firm dissolved, Mr. Gutwein moved back to Indiana, where he has served as an appellate litigator with the Indiana Attorney General's Office and as Counsel to Indiana Governor Evan Bayh. Mr. Gutwein is now with the law firm of Baker & Daniels. During the Fall 1997 semester he taught a class on Civil Rights at the Law School. Mr. Gutwein has spoken to Moot Court participants in previous years and uses a unique approach in relaying the common mistakes to avoid.

These discussions will be useful not only to the current Moot Court competition participants, but also to all students with an interest in improving their brief writing skills. Each speaker will provide a different perspective on writing an appellate brief; therefore, participation in both events is encouraged.


Monday, September 14, Prof. Craig will discuss the EC, 6:00 p.m., Room 214.

Thursday, September 17, Cathy E. Crosson will speak regarding the art of writing a winning brief, 6:00 p.m., Room 125.

Friday, September 18, ELS Evening at Oliver Winery, 7:00 to 9:00 p.m.

Updated: 11 September 1998