Indiana Law Annotated Vol. 17 No. 1 August 30, 1999

Table of Contents


I hope that all of you have had a rejuvenating summer.

It is always exciting to begin a new year and we are very pleased to announce some new additions to our faculty and to our staff at the Law School. Professor Charles Geyh has joined us on a full-time basis, having visited at this law school two years ago. He is a graduate of the University of Wisconsin Law School and, most recently, was a visiting Professor of Law at Case Western Reserve Law School and at Cleveland State Law School. He will be teaching Trademark & Unfair Competition Law and Civil Procedure. We also welcome Professor Jeannine Bell, who joins our faculty after having received her JD degree and PhD in Political Science from the University of Michigan. She will be teaching a seminar in the Fall entitled Law & Society.

We are also very pleased that Professor Kellye Testy will be visiting with us again this Fall. Professor Testy is a member of the faculty at Seattle University School of Law and is a 1991 graduate of this law school. She will be teaching Corporations and Bankruptcy. We also welcome, as a Visiting Professor, Emily VanTassel who will be teaching Contracts and Family Law. Professor VanTassel is Professor of Law at Widener University School of Law.

I am sorry to report that Frank Motley will be leaving us as Dean of Admissions this year. He will work with us on a part-time basis throughout the Fall as he phases into his new position at the central administration of this University, where he will be Associate Vice Chancellor for academic support. We look forward to staying in close touch with Dean Motley and to working with him in the months and years ahead although he will be shifting his focus to the undergraduate level. Since everyone here is a member of a "Motley class," I know you all will join me in wishing Dean Motley our warmest congratulations and thanking him for his tremendous service and contributions to this law school over the past twenty years.

You will see a new look in Career Services. Chris Rodden, who was Assistant Director of Career Services for three years, is the new Director, replacing Kathleen Austin who decided to return to the practice of law. We welcome Margaret Bunnell as the new Assistant Director of Career Services of our school, who previously was Assistant Director of Career Services and a counselor at The George Washington University Law School.

The Child Advocacy Clinic says goodbye this semester to Frances Hill, who has been its Director since its inception. The Law School community thanks Professor Hill for her foundational work in the Clinic, and wishes her all the best in her new endeavors. Patrick Schrems, a 1983 graduate of the Law School, will be the Interim Director for the Clinic. Professor Schrems has worked in both the Monroe County Prosecutor's Office and the Monroe County and Owen County Public Defender's Office since graduation from the School, and has considerable experience in children's issues. Professor Jessica Hersch, who has provided the Clinic with her extensive experience in children's issues from the social work and therapy perspective, will serve as Assistant Director.

Professor Seth Lahn is taking a break from clinical supervision this year in order to develop the Law School's broader clinical program. Professor Lahn is working on adding clinical components to traditional classroom courses and is working with Professor Greenebaum in the development of our skills courses in alternative dispute resolution and mediation.

As most of you may know, this past summer has been a sad and troubled one for the Bloomington community. A former IU student murdered Won-Joon Yoon, a graduate student in Economics. This crime brought forth an outpouring of sympathy to the family and a determination on the part of the entire Bloomington community to put an end to such hate crimes. As part of IU's response to this sad event, Professor Susan Williams is organizing a conference entitled "A Response to Hate," which will be held on Oct. 3rd in Whittenberger Auditorium. Morris Dees, the co-founder and Chief Trial Counsel of the Southern Poverty Law Center will be the keynote speaker. The colloquium is open to the entire Bloomington community and law students are, of course, encouraged to attend.

You have my very best wishes for a most successful year. Study hard and enjoy the intellectual riches that this Law School and University provide. I look forward to chatting informally with you throughout the year.

All the very best. -- Fred Aman


This fall, we are delighted to welcome the most talented and diverse class of international graduate students ever to attend the IU School of Law. The graduate class, which consists of about 40 students, includes among its number: An S.J.D. student from Taiwan who spent last year as a research fellow at Stanford Law School; an Assistant Professor from China University of Political Science and Law in Beijing (one of the PRC's top-rated law schools); a Fulbright scholar from the University of Heidelberg in Germany (the top-rated law school in Germany); a Muskie scholar from Kazakh State University in Kazakhstan, Central Asia; a Judge from Thailand who will soon become the Chief Judge of his region of the country; a Magistrate from Malawi, active in the movement to combat domestic violence and secure women's rights in her country, who has received the American Association of University Women's highest international scholarship; the first Korean woman to become a Public Prosecutor in her home country; two political refugees, from Burma and Chad, who are here to study international human rights and constitutional law in anticipation of someday returning to their home countries to help set up new democratic governments; and a Ph.D. student in the IU Criminal Justice Department who is already a lawyer in his home country of Tanzania and will spend this year earning the LL.M. degree to add to his forthcoming Ph.D. degree.

On behalf of the Graduate and Joint Degree Committee, Lisa Farnsworth (the Director of the Graduate Program), and Tim Martin (the new Admissions Coordinator for the Graduate Program), I encourage all members of the law school community to get to know these graduate students, many of whom have made incredible sacrifices to come to IU, and all of whom have fascinating stories to tell about life - and law - in a global setting.


Dean Alfred Aman co-taught a seminar on globalization and the law with Professor Jost Delbruck at Kiel University in Germany. In June, Dean Aman was a visiting fellow at the Lauterpacht Center for International Law at Cambridge University. In the coming semester, Dean Aman will participate in a conference at the Yale Law School entitled "Regulatory Competition and Economic Integration: Comparative Perspectives." Dean Aman also published two chapters in two different books to be published by Routledge Press next year dealing with various aspects of globalization. One chapter deals with administrative law and the other deals with federalism and its relationship to globalization. On July1st, Dean Aman was named by the University to the Roscoe C. O'Byrne Chair in Law.

Professor Cate testified on Financial Privacy before the Subcommittee on Financial Institutions and Consumer Credit of the House Committee on Banking and Financial Services; taught a week-long course on Information Privacy for the Indiana Graduate Program for Judges; spoke on Medical Records Confidentiality at the National Conference of State Legislatures' annual meeting in Indianapolis; and spoke on Privacy Issues in Genetics at the National Conference of State Legislatures' conference on Privacy & Public Policy in Lake Tahoe. He co-authored with Richard Varn, The Public Record: Information Privacy and Access-A New Framework for Finding the Balance, and completed work on a co-edited volume of essays about privacy law in Europe and the United States.

Professor Geyh addressed a group of Justices from the Supreme Courts of Hawaii, Idaho, Montana, Oregon and Washington and facilitated the discussion that followed on the subject of judicial independence and accountability, at a meeting in Newport, Oregon on August 23.

Professor Brown was a special visiting professor with the Law Faculty of the University of Witwatersrand in Johannesburg, South Africa from April to May 1999. He delivered two significant lectures to the law faculty and students during his visit in Johannesburg: (1) Globalization and a Comparison of South Africa and the United States and (2) The Importance of a Course on Race and the Law.

Professor Brown then spent three weeks as a special visiting professor with the Law Faculty of the University of Capetown in Capetown, South Africa from May to June 1999. He delivered the following three significant lectures to law faculty, students, and magistrates during his visit to Capetown: (1) Globalization and a Comparison of South Africa and the United States; (2) A Warning: Globalization and the Impact on the Status of Black South Africans; and (3) A Warning: The Role of the Judiciary in the New South Africa, respectively.

Professor David Fidler published International Law and Infectious Diseases (Oxford: Clarendon Press, 1999); Foreign Private Investment in Palestine Revisited: An Analysis of the Revised Palestinian Investment Law, 31 Case Western Reserve Journal of International Law (1999); and The Globalization of Baseball: Major League Baseball and the Mistreatment of Latin American Baseball Talent, 6 Indiana Journal of Global Legal Studies 511 (1999) [co-authored with Arturo J. Marcano]. Professor Fidler delivered a paper entitled "A Kinder, Gentler System of Capitulations? International Law and Structural Adjustment Policies" at a Conference on Neoliberalism and Structural Adjustment in Latin America and Africa: A Blessing or Curse?, held in Bloomington. He also served as an international legal consultant to (1) the Federation of American Scientists on the on-going negotiations of a Protocol to the Biological Weapons Convention; and (2) the World Health Organization, U.S. Centers for Disease Control and Prevention, and American Academy of Microbiology on the global crisis in antimicrobial resistance.

Juliet Smith is the co-author of Lawyers Desk Reference Plus, CD-ROM product published by West Group. The CD contains the text of a three volume work written by Harry M. Philo and Harry M. Philo, Jr. She has written the web references for every source, every law, every organization, every company that appears in the text. This is an ongoing project, requiring two updates each year. A copy of the CD-ROM is available in the Rare Book Room (KF319.L3) and one has been order for check- out at the Circulation Desk. The CD came out in May.

In June, Juliet delivered a presentation entitled "Internet2 and You" at the Conference for Law School Computing, sponsored by CALI and held in Eugene, Oregon. The presentation slides are available at 1999/postconf/smith/ and the audio/ video is at conference/1999/postconf/broadcast/99C18B1.ram.


Students who observe religious holidays, such as Rosh Hashanah: Sept. 11 & 12, Yom Kippur: Sept. 20, and Hanukkah: Dec. 4, should email their faculty and Dean Fromm.

Reasonable accommodation and help will be given to attempt to minimize the effects of the absence.

The annual student/faculty/ alumni and friends golf outing will take place on Friday afternoon of Sept. 17. There will be lots of prizes, many not related to golfing ability, and a good time. Entry forms will be due by Thursday, Sept. 9.

The Parking Office has informed us that a parking ticket received in one of the adjacent lots will be excused by that office if the person is willing to purchase an "E" parking sticker for this coming year. The cost is $78.00. An "E" sticker allows parking in designated "E" lots at certain areas at the edge of campus, particularly in the stadium area to the north from which one can catch a bus ride to the law school (for no charge).

It also allows parking in "A" and "C" lots around the law school after 5 p.m. through the week and on week-ends.


In the last few days, a number of students have stopped by Career Services to report that their legal experiences this summer were positive and fruitful. However, some second-year students will return to school without an offer of permanent employment from their summer employer. In these cases, students often feel shock and disappointment and have difficulty in gearing up for another job search. They may not know how to overcome the lack of an offer or how to explain the situation to a new potential employer. On the other hand, sometimes students turn down offers for various reasons and then wonder how to move forward. Unfortunately, some of these students do not seek help or advice until several months later. The better approach is to talk it over with either Chris Rodden or Margaret Bunnell in Career Services as soon as possible. They can help students to develop strategies in dealing with a number of different scenarios. For example, what can a student do when no offer is made because the student's work was unsatisfactory or there was a personality conflict? What if the student turns down an offer because he or she wishes to move to a new location, or what if the firm, because of economics, is not extending offers to anyone? Also note that author Kimm Walton addresses many of these issues in her book, Guerrilla Tactics for Getting the Legal Job of Your Dreams, available in Career Services.

Students interested in Washington, D.C., and New York City practices: Please review the information on DC and NYC employers (private firms and government agencies) in the "resume forward" and "resume direct" folders in the Career Services Office. If you have questions about these employers, feel free to visit Professor Hughes in Room 243 on Thursday or Friday, Sept. 2 and 3, on a first-come, first-served basis.


Applications will be placed in your mail slots for membership on the faculty committees of the school. Your Student Law Association will review applications and recommend students for several different committees.

The beginning of the year meeting for all leaders of our student organizations will take place this Tuesday, Aug. 31, at 12:15 in Room 120.

There will be a meeting for married couples and single parents on Sunday evening, September 5, at 6:30 in the faculty lounge (room 310).

This meeting will provide an opportunity for new student families to meet each other and some 2 and 3L families.

Applications are now being accepted for law students to participate on the IU School of Law's Jessup International Law Moot Court team. The Jessup International Law Moot Court competition is the most prestigious international law moot court competition in the world. The IU School of Law Jessup team will compete in the U.S. Regional competition for a chance to compete at the world finals in Washington, D.C. The IU team will have five members: four oralists and one non-oralist.

The law students selected to form IU's team will work throughout the fall 1999 semester writing two Written Memorials. After these are submitted in early January 2000, the team will begin preparing for the oral competition, usually held in early to mid-February. If the team wins the regional competition, then it competes in the world finals in late March or early April. Professor David Fidler is the faculty advisor for the IU team.

Any law student interested in competing should submit to Professor Fidler the following by 5:00 p.m. on September 8, 1999: (1) one-page statement of interest in international law generally and the Jessup moot court competition specifically; (2) resume; and (3) writing sample (student note, memorandum from summer law clerkship, etc.). A faculty committee will select the team members from these applications, and it may decide personal interviews are necessary to select the team.

Questions should be directed to Prof. Fidler at, 5-6403.

Are you interested in becoming a trial lawyer? The IU Trial Competition program has a limited number of positions open for 3-L, 2-L and beginning 1-L students. The program combines curricular and non-curricular training in trial advocacy with intercollegiate trial competitions. Information and a packet of materials for tryouts are available from Coach Tanford in room 257. Tryouts will take place Thursday-Friday, September 9-10. For more information, contact returning team members Laura Boeckman, Maggie Jones, Brett Nelson, Ben Ice, Carrie Soder, Sam Gasowski, or Brent Vander Kolk. Returning team members please check in with Coach Tanford if you intend to compete this year to preserve your place on the team.

Call-out and Organizational Meeting, Wednesday, Sept. 1, 12:00 Noon, Room 124. Join us to discuss our 1999 - 2000 speakers series and other activities. First year students are welcome! Bagels & cream cheese and drinks served.


Do you have acting experience? Dean Robel is looking for some actors to present a workshop at this year's Indiana Women Attorney's Conference in Indianapolis on October 21-22. You will get the opportunity to attend the conference free of charge, and network with many, many wonderful lawyers in the state. Email Dean Robel at if you are interested.

Please see Dean Robel if you are interested in an internship this semester with the Indiana Court of Appeals. You need one day free each week.

The Admissions Office is seeking student volunteers to participate in the Tour Guide Program. As a Tour Guide, volunteers give prospective applicants and visitors a tour of the school, take them to class and answer general questions about the school, program and community. If you are interested in participating, please stop by the Admissions Office, Room 230 to pick up a schedule. If you have questions, please contact Tim Martin or Pat Clark by phone at 855-4765 or via the following e-mail addresses: or


Tuesday, Aug. 31, Presidents' Council Meeting, 12:15, Room 120.

Wednesday, Sept. 1, Sports and Entertainment Law Society, Noon, room 124.

Sunday, Sept. 5, Spouses/Parents Meeting, 6:30p.m., Faculty Lounge (room 310).

Updated: 27 August 1999