Indiana Law Annotated Vol. 15, No.8 October 19, 1998

Table of Contents



The Preliminary Oral Arguments for the Sherman Minton Moot Court Competition will begin on Monday, October 19. All first-year students and any interested third-year students are invited to attend. In addition, all second-year students who are not participating in the competition may also attend. The full schedule is as follows:

Arguments at 6:00 p.m. and 8:00 p.m. each day during the following weeks: October 19-23, October 26-30, and November 2-6.

There will be approximately six to eight arguments per night. Alumni of Indiana University School of Law will serve as judges. This year all of our judges will be either actual practitioners or judges from Indiana, Illinois, and Kentucky. Most of our judges are quite distinguished in their fields. Moot Court judges will include a few corporate CEOs, Indiana Superior Court judges, Administrative Law judges, partners from some of the top firms in Indiana, lawyers from firms that actively recruit at IU, and a fair number of attorneys who practice in appellate litigation. Quite a few of our judges are returning to Bloomington for the first time in many years, and others are traveling long distances and staying overnight.

The oral arguments should be useful for students to attend not only to improve their advocacy skills, but to meet our distinguished alumni (every contact helps). Please plan to attend several of the arguments to show your support for the competition participants.


Interested in taking one or more courses on public policy or environmental issues outside the Law School? Interested in what the joint degree programs with the School of Public and Environmental Affairs (SPEA) are like? Learn about what's available. Hear from law students who are now participating in the masters in public administration or masters in environmental sciences program, as well as SPEA faculty. Come to a meeting October 20 in Room 120 at 4:15 p.m. There will be a reception with in faculty lounge afterwards.


After the SPEA informational meeting on Tuesday at 4:15 in Room 120, SPEA and law professors will be available for informal counseling of students at the reception in the Faculty Lounge. Students are invited to talk with SPEA and law professors about the suitability of particular SPEA policy, economics, science, and other kinds of courses for law students. Remember, all Law students may count up to six credit hours of non-Law School course work toward their law degrees.

Also, students interested in one of the SPEA-law joint degree programs should plan to attend the meeting and reception for information and establishing contacts with students already in the program.

If you have any questions about Tuesday's programs, please contact Professor Rob Fischman (


The 1998 GONG SHOW, sponsored by the Black Law Student Association, will be bigger and better than ever!!! The show will be held at Mars Nightclub Friday, October 23, from 6:00 to 9:00p.m. Tickets will go on sale Monday, October 19, through Friday, October 23, from noon to 2:00 p.m. in the Law School Lobby. Tickets are $6 in advance and $8 at the door.


The Law School and Poynter Center for the Study of Ethics and American Institutions will sponsor a conference titled Alternatives to Assisted Suicide on Saturday, October 24, in the Moot Court Room. Topics for the conference and the respective presenters will include:

"Introduction" by Roger B. Dworkin, Robert H. McKinney Professor of Law, Indiana University School of Law

"Public Views of Concerns and Decisions at the End of Life: Early Results from a 1998 Nationwide Survey" by Bernice Pescosolido, Associate Professor of Sociology at Indiana University, and David Phillips, Professor of Sociology at University of California at San Diego

"Helping Each Other Out: The Limits of Love" by David H. Smith, Professor of Religious Studies and Director of Poynter Center

"Culture Wars and Hospice Integrity: Assisted Suicide in Oregon" by Courtney Campbell, Associate Professor of Philosophy, Oregon State University

"Pain and Symptom Control in the Dying Patient: Science and Politics" by Kathleen Foley, Co-chair, Pain and Palliative Care Service, Memorial Sloan-Kettering Cancer Center

"The Stability of Requests for Assistance in Dying" by Harvey Max Chochinov, Professor of Psychiatry, University of Manitoba and Manitoba Cancer Treatment and Research Foundation

"Dying to Save Money: Economic Motives for Assisted Suicide" by Maxwell J. Mehlman, Arthur J. Petersilge Professor and Director, Law-Medicine Center, Case Western Reserve University

The conference (9:00 a.m. to 4:45 p.m.) is open to the public and should be very informative. Lunch will be "on your own," but a list of nearby restaurants will be provided. The Indiana Commission for Continuing Legal Education has certified this conference for 5.3 hours of CLE credit. For a registration form and more information, contact Judith A. Granbois, Poynter Center, Indiana University, Bloomington, IN 47405, 812/855-0261 or


Professor Fred Cate

spoke in October about privacy and other digital information issues to the annual legal forum of the Indiana Hospital and Health Association, the Pharmaceutical Research Manufacturers Association annual meeting, the Indiana Special Libraries Association, the International Public Relations Exchange, the Indiana Legislative Services Organization's CLE program, and the Law School's annual alumni CLE program.


The Honorable Sanford Brook has served on the trial bench in St. Joseph County since 1987and has recently been named to the Indiana Court of Appeals. Judge Brook, a 1974 graduate of this school, will be teaching Trial Process in the Spring. He has taught in the trial advocacy program at Notre Dame Law School since 1987 and in the Masters of International Advocacy Program at the Nottingham Law School in England since 1995. Before ascending the bench, Judge Brook served as a prosecuting attorney, a city attorney, and a partner in a law firm in South Bend.

Matt Gutwein, a 1988 graduate of the Law School, will teach Civil Rights in the Spring. Mr. Gutwein, a partner at Baker & Daniels, served as counsel to Governor Bayh from 1995 through January 1997; served as Special Counsel for Legal Policy to the Indiana Attorney General from 1993 through 1995; and was an associate with Onek Klein & Farr in Washington, D.C., from 1989 through 1991. While he was with the Indiana Attorney General, Mr. Gutwein represented the State in the Supreme Court in the Mike Tyson case and argued Heck v. Humphrey before the United States Supreme Court.

Rory O'Bryan returns this spring to teach Real Estate Development. Mr. O'Bryan, a 1972 graduate of the Law School, has more than twenty years in real estate practice representing lenders, developers, retailers, manufacturers, and title insurers and has written widely on real estate law.

Professor Kellye Testy, a professor at Seattle University School of Law, will be a Visiting Professor this Spring, teaching Bankruptcy and Negotiable Instruments. Testy is a 1991 graduate of the Law School who has written numerous articles in the areas of securities regulation and commercial law.

Tracy Thompson is a graduate of University of Puget Sound School of Law who has practiced in the area of litigation, both in private practice and with the attorney general in Washington State. She will teach Legal Profession in the spring.


Professors Steve Conrad and Ann Gellis will be on sabbatical this spring. Professor Bruce Markell will be a Visiting Professor at Harvard Law School during spring semester, and Professor Jeff Stake will be a Visiting Professor at Georgetown University Law Center.



As usual, law students will register for Law School courses for the second semester in-house. Joint degree students and those taking an outside (non-law) course may pick up their admission ticket from the Recorder's Office, starting Monday, October 19. Students will then be able to use this ticket to register for those outside courses with the University at scheduled times on October 22 and 23 for priority consideration. Registering at a later date for these courses remains a possibility. In addition, students who are not joint degree students will need to have Dean Fromm's prior approval to register for an outside course. Approval forms are in Rooms 022 and 024.

Here is the schedule for in-house registration for all law courses:

  • 3Ls: (May & August 1999 graduates) - Wednesday, October 21
  • 1Ls - Friday, October 23 (students will learn to which sections they have been assigned when they go through registration in the Recorder's Office, Room 022)
  • 2Ls - Monday, October 26
  • LLM, MCL, SJD, Certificate of Legal Studies, Exchange students - Monday, Oct. 26

Usual priority rules will apply for second- and third-year students. Priority will be lost, however, if students miss registering during their assigned October 21 and 26 dates. As usual, there is no priority given for first-in-line to register during the assigned days.

Schedule grids and course descriptions (2Ls and 3Ls) will be placed in the mail slots. Some additional information will be posted on the Student Affairs bulletin board adjacent to the mail slots.


Indiana State Bar applications for the February 1999 exam are available in the Recorder's Office. The filing deadline is November 15, 1998.


MPRE (Multi-state Professional Responsibility Exam)

The MPRE is scheduled for Friday, November 13. It will be held again in March, August, and November of 1999. The deadline for applying for this coming November is October 16, with November 4 being a late application deadline upon the payment of an extra fee. Application packets are available in Room 024.

Each year rumors abound about how the exam is changing. Indeed, the examination coverage is changing somewhat, starting with the March exam. Those changes are enumerated on the bulletin boards adjacent to the mail slots and across the corridor from Room 022. However, there is no accuracy to the rumor that the exam will become an essay exam; it will continue to be multiple choice.

Also, please note that Indiana and some other states permit the taking of this exam within two years of graduation; i.e., one could take it during the second year of law school. But, please note especially that Illinois just changed its rule, effective now, that the exam can be taken no earlier than the third year of law school. Florida currently does not permit one to take this exam until the regular bar exam has been taken.

BAR/BRI of Indiana (formerly The Lawyers Bar Review) will hold MPRE review sessions in the Law School on October 31 and November 7. To reserve a spot, call 1-800-595-5523.


The Lawyer's Bar Review, the Indiana-based bar review that most of our graduates have taken, has announced that it has been purchased by BAR/BRI. It will continue to service students, but under the BAR/BRI ownership. BAR/BRI is apparently now in all 50 states.


Graduation picture taking for the composite graduation pictures (see the second floor corridor walls) will take place on November 4 and again on November 10 for students graduating this December, next May, and next August. This includes all the JD graduates, and all the MCL, LLM, and SJD graduates as well. The sign-up sheets for reserving your picture-taking time are on the bulletin board in the corridor across from Room 022. Thanks.


Participants in the annual student/alumni/faculty golf outing enjoyed a spectacular afternoon of fun and golf - not necessarily the same! Serious golfers and golfing comics enjoyed each other's company for the afternoon. Although all were winners, there are a few who merit special acclaim for their special prowess:

The winning group, at 8 under par, were second-year students "Right near the Pin" Rahul Patel and "Long" Jon Emenhiser, who teamed with alum Dick Cardwell (a ringer who has played more golf than most of us since his days on the IU golf team, when he was a student in the 1950s!).

Other individual awards go to the following: Nick Lancaster (3L) and Lindy Moss (alum) for longest putts. Jaeh Kim (alum) and Cipriano Beredo (3L) for closest to the pin on par threes. Mark Anderson (3L) and Terri Cueller (wife of alum) for longest drives. Congratulations Rahul, Jon, Dick, Nick, Lindy, Jaeh, Cipriano, Mark, and Terri! Wagers have already been flying around for next year's outing.


When smoking on the garden patio, please exercise prudence regarding the volume level of animated conversation when noticing that a class is being held in the adjacent Room 121.


Career Fair

October 20, 11:45-12:30, Lobby

Our third annual Career Fair brings in a number of attorneys from a variety of practice areas and settings to talk one-on-one with students in the main foyer. Stop by each attorney's table and learn about his or her practice area, career path, and practice setting. Receive helpful tips on how to conduct a productive job search. Learn to network by actually doing it!

Career Alternative Brown Bag Lunch

October 21, noon, Room 120

IU Law Grad Ned Robertson will be joining us to share thoughts on his varied and illustrious career. Mr. Robertson has served as a prosecutor for the Justice Department, an in-house attorney, an attorney with a large law firm, and a judge. Please join us to hear his thoughts on his career path and what he has learned from his different positions.



Current members and those interested in becoming members are invited to attend. Wednesday, October 21, at noon in Room 124.


The IU Student Chapter of the American Civil Liberties Union will meet next Wednesday, October 21, at 5:30 p.m. Please look for signs designating a meeting location in the hallways and by the student lockers. Topics discussed, among other things, will include: the homosexual adoption bill, the school voucher bill, and random drug-search checkpoints by the Indianapolis Police Department. We also will be electing our officers for the year. ALL university students are welcome to attend. 1Ls are especially encouraged to attend. Please email Dave at for more information.


The Federalist Society will sponsor the second in a series of Lawyers at the Lion presentations this week. Professor Baude will be speaking on "Significant Supreme Court Decisions of the 1997-98 Term" at The Irish Lion, 212 E. Kirkwood Ave., on Wednesday, October 21, at 7:00 p.m. Professor Baude teaches Constitutional Law, Federal Jurisdiction, and other related courses. Everyone is welcome and encouraged to attend! For more information please contact Brian Bailey at 331-9173 or

In addition, the Federalist Society is tentatively planning an Election Day Bash on November 3 to watch the election results come in. It will be an informal, open-house sort of evening with refreshments provided. More details to come. Most important: DON'T FORGET TO VOTE!!!


Devote a couple hours to community interest and change the community's perception of lawyers. PILF and the ABA are co-sponsoring a public interest project at Stonebelt Center this Saturday, October 24, from 10 a.m. to 2 p.m. Lunch will be provided. For more information, please contact Magdalena Przytulska (2L) at mprzytul or 339-4703.


The Sports and Entertainment Law Society is sponsoring the lecture "Publishing a First Novel" by IU Law Alumnus David Shanker. Mr. Shanker has written an exciting new legal thriller about a law clerk who risks her career-- and her life!--for a child she believes has been falsely convicted of murder. At noon on Friday, October 23, in Room 125 Shanker will present a lecture about how he wrote his book and the hurdles he had to pass over to get it published.


Lucifer's Ball will be held on Saturday, October 31, at Pic-A-Chic. Be sure not to miss the biggest party of the Fall Semester! Advance tickets will go on sale at the SLA Bookstore beginning Monday, October 19. Look for more details in the near future.

Also, effective Monday, November 2, SLA will begin implementation of a new purchasing policy in the SLA Bookstore. After November 2, SLA will require individuals purchasing materials to write a separate check for each seller. This will significantly decrease the payment time for sellers--a major complaint about the current system. Please note this change and thank you in advance for your cooperation.



Congratulations to the new members of our Trial Competition teams:

Laura Boeckman
Rob Roberts
Ben Ice (non-competing)

Mike Mangarelli
Janet Ramsey
Carrie Soder

Burke Montgomery
Brett Nelson
Dave Noble
Christy Short
alt: Marco Molina

Hal Burgan
Maggie Jones
Marco Molina
Brent Vander Kolk
1st alt: Carlos Morales
2nd alt: Sam Gasowski


Mark your calenders now for the annual Halloween party to be sponsored by the Children and the Law Discussion Group on Thursday, October 29. All the kids of Law School students, faculty, and staff are invited to appear in costume for office trick-or-treating beginning at 4:30 p.m. A parade in the lobby will start promptly at 5:30 p.m. Student organizations, faculty, and other offices that would like to distribute candy should contact Jessica Proctor Barth at Watch next week's ILA for more details.


On Thursday, October 29, the Indianapolis Bar Association will present a program entitled "Using the Violence Against Women Act to Your Client's Advantage: An Overview of Civil & Criminal Provisions." The featured speakers will be Andrea Williams, staff attorney for the NOW Legal Defense and Education Fund; Christina McKee, chief of the criminal division of the U.S. Attorney's office for the Southern District of Indiana; and Ann Delaney, executive director of the Julian Center. The cost is $25 for law students for the seminar (starting at 2:00 p.m.) and reception (starting at 5:30 p.m.). For more information or an application, email Jessica Proctor Barth at


A three-week seminar, jointly sponsored by SPEA and the Law School, will be held next summer from May 17 to June 5. The seminar will start in Paris, then move to Brussels, Bonn, Frankfurt, and Geneva. The seminar will be worth three credits.

An informational meeting will be held in the Law School on Monday, October 26, at 4:15 in Room 125.


On Tuesday, October 27, at noon in Room 120, there will be an informational meeting to discuss the new exchange programs that we have with the University of Paris and ESADE (in Barcelona). Also present will be our current exchange students from those schools: Marie Bouvet (PARIS) and Eduardo Sotilla and Juan Ortega (ESADE).


Monday, October 19, Preliminary Oral Arguments for Moot Court Competition will begin.

Tuesday, October 20, Career Fair, 11:45-12:30, Lobby

Tuesday, October 20, SPEA Informational Meeting, 4:15 p.m., Room 120, followed by a reception and course counseling in the Faculty Lounge

Wednesday, October 21, Career Alternative Brown Bag Lunch, noon, Room 120

Wednesday, October 21, American Bar Association meeting, noon, Room 124

Wednesday, October 21, ACLU Meeting, 5:30 p.m., location T.B.A

Wednesday, October 21, "Significant Supreme Court Decisions of the 1997-98 Term," by Professor Baude, 7:00 p.m., The Irish Lion

Friday, October 23, "Publishing a First Novel" lecture by David Shanker, noon, Room 125

Friday, October 23, The Gong Show, 6:00 p.m. to 9:00 p.m., Mars Nightclub

Saturday, October 24, Conference on Alternatives to Assisted Suicide, 9:00 a.m. to 4:45 p.m., Moot Court Room

Updated: 19 October 1998