Indiana Law Annotated Vol. 17 No. 7 October 11, 1999

Table of Contents


IU School of Law alumnus Joseph B. Board ('58) will be a Practitioner-in-Residence Monday and Tuesday, Oct. 11 and 12. Professor Board is the Robert Porter Patterson Professor of Government at Union College and Adjunct Professor at Albany Law School. His teaching and research interests include Comparative Judicial Studies; Comparative Government; Comparative and International Law; International Business Transactions; and American Political thought. He has taught at The University of Paris, Oxford University, and the London School of Economics, and has been a guest lecturer at universities throughout the world. He also was a Rhodes Scholar and currently is a member of the Rhodes Scholarship Selection Committee.

During his visit, Board will participate in Professor Buxbaum's International Business Transactions class, talk with students from the globalization seminar taught by Dean Aman and Professor Delbruck, and meet with the editorial board of our global journal. Professor Board will be available to meet with students interested in international law on Tuesday afternoon, Oct. 12 in the Dean's Office from 11:00 a.m. to Noon and from 1:15 to 3:30 p.m.

The Workshop on Responding to Hate opened with a keynote address by Morris Dees to a crowd of about 500 people in the IMU on Sunday. Dees, who is the co-founder and chief trial counsel of the Southern Poverty Law Center, moved the crowd to applause and tears several times during his speech with his stories about confronting hate. Dees and the SPLC have pioneered the civil suit against hate groups whose members commit violent crimes. They have won civil judgments for the victims and families of victims in a number of cases. The Center also produces "Teaching Tolerance" a collection of materials designed to help educators and others teach children respect and appreciation for diversity and "Ten Ways to Fight Hate" a guide for community leaders. Mr. Dees took questions from the audience after his speech.

Following Mr. Dees, a plenary panel discussed hate groups and hate crimes. The panel included: Lt. Steven King, an investigator with the Indiana State Police; Mark Hamm, a criminology professor from Indiana State University; and Eric Ward, the regional coordinator for the Northwest Coalition Against Malicious Harassment in Seattle. Lt. King described the activities of hate groups in the state of Indiana. Prof. Hamm described the history of such groups, including the history of hate crimes here in Bloomington, and the recruitment techniques they use. Mr. Ward talked about the impact of such groups on our national culture and the effect of their crimes on the community. There was a lively question and answer period following the presentations.

The Workshop then split into four simultaneous sessions on a variety of topics. The panels covered: Hate Crime Laws and the First Amendment (Dave Pardo, Chief Counsel of the Indiana Civil Rights Commission; Jeannine Bell, IU Law School; Susan Williams, IU Law School), The Intellectual Roots of Right-Wing Extremism (Jeffrey Isaac, IU Political Science department; Robert Orsi, IU Religious Studies department; David Williams, IU Law School), Individual Responses to Hate (Pam Freeman, IU Commission on Multicultural Understanding; Brian Bridges, co-founder of the GROUPS program at IU; Rudy Hernandez, student at Bloomington High School North), and Community Responses to Hate (Byron Bangert, Pastor of the First Presbyterian Church; Beverly Calendar-Anderson, Director of the Community Service Council; David Reidy, IUPUI Philosophy department; Eric Ward, Northwest Coalition Against Malicious Harassment).

The Workshop closed with a powerful speech by Charles Guynn, the CEO of the Indiana Black Expo Economic Development Corporation. He described the racism he had experienced in his own life and the hatred that resulted from it, as well as his efforts to overcome that hatred. He urged the members of the audience to look inside themselves and make the effort to recognize and redress their own prejudices and to reach out to people different from themselves.


Who are those people whose photographs are on the first-floor wall? In this series of profiles, we introduce you to the members of the Academy of the Law Alumni Fellows. The Fellows are the recipients of the highest honor the Law School bestows on its alums. We hope that each profile will help you reflect on the successes of our alumni as well as some possibilities that are ahead for you.

Joel Rosenbloom has been a partner in the Washington, DC firm of Wilmer, Cutler & Pickering since 1966, specializing in telecommunications and mass media matters.

Mr. Rosenbloom is a graduate of the University of Illinois (B.A. 1951, with honors) and Indiana University (J.D. 1954, with honors), where he was Note Editor for the Indiana Law Journal. From 1956 to 1957, he served a clerkship with Judge James A. Emmert of the Supreme Court of Indiana. In 1957 he gained his first experience in communications law within the litigation division of the FCC's office of general counsel, where he conceived and implemented the FCC strategy to bring cable television within federal regulatory authority. The FCC rules and reports

he fashioned have been sustained in later court review.

In 1961, the Kennedy administration's first FCC chairman, Newton Minow, selected Mr. Rosenbloom as his legal assistant. Working with Minow and his successor, E. Williams Henry, Rosenbloom was regarded as one of the agency's intellectual leaders and a key staff advisor on every critical issue. Four years later, he became a senior associate at Wilmer, Cutler & Pickering, where he has played a central role in the conduct of important proceedings before the FCC.

He is chief outside legal advisor to Capital Cities/ABC, negotiating issues such as political broadcasting and programming for children. Mr. Rosenbloom is one of three co-editors of a planned legislative history of significant amendments to the Federal Communications Act since its inception in 1934.

While he has served on the executive committee of the Federal Communications Bar Association and on the School of Law's Board of Visitors, Mr. Rosenbloom has also devoted time to public service activities outside his field. He was founder and first chairman of the board of the Choral Arts Society of Washington and has served as chairman of the board of the Theater Chamber Players, a chamber music ensemble, and he has served on the board of his synagogue, Ohr Kodesh Congregation.

Mr. Rosenbloom's publications include: "Authority of the Federal Communications Commission," Freedom and Responsibility

(Coons ed., NWU Press, 1961); and "On the Sixtieth Anniversary of the Communications Act," FCLJ (Dec 1994). He also is a co-editor of the FCC Golden Jubilee Commission's Legislative History of Amendments to the Communications Act of 1934.


Professor John Applegate, Jan Laitgos (University of Denver), and Celia Campbell-Mohn (Vermont Law School), recently published a new casebook for Spring 2000, "The Regulation of Toxic Substances and Hazardous Wastes," Foundation Press. The book details risk assessment, cost-benefit analysis, and other regulatory tools in dealing with the environmental effects of toxic substances and hazardous wastes. It covers regulation through the life cycle of toxic substances and concludes with emergent issues of environmental justice and alternative regulation.

Professor Fred Cate spoke at two sessions-one on e-mail and the other on the costs and benefits of privacy-of the joint annual meeting of the Indiana Bar Association and the Judicial Conference of Indiana in Indianapolis on Sept. 29. He participated on a panel on "Protecting Your Knowledge in the Global Market" at a conference on trade laws sponsored by the Indiana Department of Commerce, the IU Kelley School of Business, and Eli Lilly in Indianapolis on Oct. 4, and on a panel on "Privacy and the Use of Information" at the Experian Financial Services Conference in Tucson on Oct. 6.

Professor Rob Fischman and Mark Squillace recently published the 3rd Edition of "Environmental Decision Making" through Anderson Publishing.

Professor Marshall Leaffer was the lecturer at the Stranahan National Issues Forum presented by the University of Toledo College of Law and the Federalist Society on Tuesday, Oct. 5 at the University of Toledo Law Center Auditorium. His lecture was entitled "Copyright and the New World Economic Order: Digital Technology, the Public Domain, and the Future of Fair Use."

Associate Dean Lauren Robel presented a talk, "The Supremacy Clause, the Nondiscrimination Principle, and Alden v. Maine," at the Indiana Attorney General's Office on Oct. 4. She will be on a panel Oct. 15 at the National Association of Women Judge's Annual Conference in Miami.

Professor Gene Shreve's book entitled "A Conflict of Laws Anthology," was recently published by Anderson Publishing.


Please, please, read and heed our no smoking/smoking policy. Smoking on the front steps is bothersome and unpleasant. Please stop.

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.

There are numerous writing contests for law students to enter. Many of these contests include publication and a lot of prize money. In past years, a number of our students have won prizes, some as much as $5,000, and have had their articles published.

Several of these contests are posted on the Board outside Room 024. A few of these contests, such as the Sig Beck Bankruptcy and Business competition and the Nathan Burkan Copyright competition, automatically ensure that IU students will win cash prizes.

So, if you have been writing a journal, seminar, or B706 note or paper, check out these contests.

Also, check the website at

There are some special insurance opportunities for those with children.

Check it out in Room 024. Ask Dale.


On Monday, Oct. 4, members of the faculty-student Committee on Career Services and Judicial Clerkships met with interested students to discuss career searches and student use of the Career Services Office. SLA was represented by President Angela Karras, President-elect Sarah Fischer 2L, Trent Klingerman 2L, and Jonathan Stern 2L (who also serves on the Committee). The Committee was represented by Professors Dawn Johnsen, David Fidler, and Sarah Jane Hughes and, in addition to Mr. Stern, by Tavonna Harris 2L, and by ex officio members of the Committee, Associate Dean Leonard Fromm and Assistant Dean Christine Rodden. Also in attendance were CSO Assistant Director Margaret Bunnell, Assistant Dean Angela Lieurance, and Amanda Burnham and Linda Sievers from Alumni Relations Office.

Students offered a number of innovative proposals for enhancing and supporting student networking skills and for supporting the sharing of job-related information possessed by graduates and students. In addition, students and Dean Fromm exchanged ideas about how students market both themselves and the school in general to employers and others in attendance discussed multi-faceted marketing issues. The committee plans to review carefully all of the proposals discussed and to report to Dean Aman in the near future. In the meantime, SLA will continue to gather other student ideas on career searches, student use of the CSO, and marketing students to employers in key markets. SLA promises to share the information it receives with the Committee.


On Monday, Oct. 11 at 7:00 p.m. in the Faculty Lounge, the Feminist Law Forum is hosting "What Every Female Law Student Should Know," a discussion about

gender, sexism and the law school experience.

Joining our discussion will be Professor Jeannine Bell, Professor Hannah Buxbaum, Associate Dean Lauren Robel, and Professor Kellye Testy. The discussion will focus on some of the experiences and challenges that women law students may face, and suggest ways to improve your law school experience. The discussion will also consider how race, class, and sexual orientation may affect the experiences of women law students.

The starting point for the discussion will be two law review articles, "Just Trying to Be Human in This Place: The Legal Education of Twenty Women" and "What Every First-Year Female Law Student Should Know."

Anyone who did not receive a copy of excerpts from the above articles and who would like a copy, please e-mail June Lyle at Refreshments will be served.

Delta Theta Phi is now selling t-shirts, long-sleeve t-shirts, sweatshirts and hats. We have the following logos: "Make Love, Not Journal," "Property of Indiana Law," the IU Law scales, and the old stand-by "Indiana Law."

Come to the Delta Theta Phi booth in the law school lobby this week or place your orders in Kevin Bartels' (3L) or Rahul "Monish" Patel's mailbox (3L) this week and next. Order forms and prices will be on the table in the law school lobby. If you have any questions, email Kevin Bartels at

PILF would like to send a warm thank you to all who attended our Wine & Cheese event with the professors. The student turnout was great, a strong showing for public interest law! Extra thanks to all the professors who donated their time (after hours) to talk with interested students.

This Tuesday, Oct. 12 at Noon in Room 124, PILF will be having a general meeting. Professor Earl Singleton will speak about pro bono work and we will be discussing important PILF business. Professor Singleton is a dynamic speaker and a very nice guy, so please plan on attending!

Interested in getting some practical experience to add to your resume? Curious about what the Law School can do to get you on your feet? Want to learn by doing? Phi Delta Phi will present "Rubber Gloves Not Required: A Panel Discussion on Clinical Education at IU Law" on Tuesday, Oct. 12, from 7:00 p.m. to 8:30 p.m. in the Moot Court Room.

Protective Order Project, Inmates' Legal Assistance Project, Legal Services Organization Assistance Project, Environmental Law Research Group, Child Advocacy Clinic and Community Legal Clinic will be represented.

Come, have a snack, and learn about all of the clinical and project opportunities the School has to offer. This discussion will be helpful to all 1Ls and 2Ls who are thinking about joining a project or registering for clinical classes for Spring or Summer, 2000.

If you have worked with any of the above-named projects, clinics or groups, please join us to augment discussion and educate students about your experiences.

Coffee and rich, gooey, chocolate desserts will be provided!

The Feminist Law Forum will hold its next meeting on Wednesday, Oct. 13, at Noon in Room 124. Agenda items include a discussion about appropriate and inappropriate gender based questions during interviews. All persons interested in feminist legal issues are welcome.

The Federalist Society is sponsoring a lecture by noted 2nd Amendment

scholar Professor Randy Barnett of Boston University Law School. On

Thursday, Oct. 14 at 12:15 p.m. in the Moot Court Room, Professor Barnett will be giving a lecture concerning the meaning of the 2nd Amendment and responding to some modern interpretations of that amendment followed by a question and answer period. This is a great opportunity to enrich your legal education outside of the classroom setting and refine your own ideas about an increasingly compelling topic.

The Women's Law Caucus will host a discussion entitled, "Is the Opposite Sex Destroying Your Learning Curve?" on Thursday, Oct. 14 at 6:30 p.m. in the Faculty Lounge. All students are welcome to attend. If you have any questions or need more information, please contact Emily Glatfelter at or 824-3897.

The Environmental Law Society would like to thank everyone who attended the Evening at the Oliver Winery this year. We had beautiful weather, great food, lovely music, and a wonderful turnout.

The board would also like to thank all the ELS member volunteers for their help we could not have done it without you!

In addition, thanks to our band Aubergine Moon, and to all of our

wonderful sponsors: The Bakehouse, Bloomingfoods, Bloomington Bagel

Company, Eileen's New England Catering & Food Co., J.R. Stallsmith,

Kroger, Runcible Spoon, Tina's Carryout Cuisine & Catering, and Oliver Winery.

Congratulations to the hot air balloon ride raffle winner James Van Buren. And for those of you missed it, Dean Aman entertained the crowd with some impromptu drum-playing, what we hope will become a tradition at this annual fundraiser. Thanks again for everyone's support!

SLA Bookstore Hours for October are as follows: Monday and Wednesday, Oct. 11, 13, 18, 20, 25, 27, 11:00 a.m. to 1:00 p.m.

Angela Karras (until November) and Sarah Fischer, Co-Presidents; Ibe AlGhani, Exec. VP; Angela Karras, VP-Public Affairs/Comm.; Cameron Prell, VP-Social Affairs; Casey Brown, VP-At-Large; Chris Cosby and Mike Baker, Treasurer; Phil Davis, Secretary; Trent Klingerman, Liaison for the Board.


The Peer Mediation Program of Indiana University is looking for volunteers to play disputants in a two hour training program role play. It is a good opportunity to become exposed to alternative dispute resolution systems. The two hour program will be held on Sunday, Oct. 17, 4:00 - 6:00 p.m. Please contact Najeeba Syeed, Coordinator, at 855- 2774 or by Monday, Oct. 11, 1999 if you are interested in volunteering for this opportunity.

Each year, Dean Fromm, Dean Robel, and other faculty members work with students interested in public interest internships in Indiana and around the country. The Law School permits students engaged in unpaid legal work for nonprofit, government agencies, judges, or legal services organizations to receive up to four credits during the summer through this program. In order to participate, a student must secure an internship, find a faculty sponsor for the project, and complete an academic component for that faculty member. The purpose of this program is to permit you the opportunity to think reflectively and critically about practice before you are engaged in it full-time. The program provides challenging legal experience after the first year, and permits you to explore a practice setting you might not have otherwise considered.

Students interested in this program should plan on attending a series of informational meetings in early spring semester. You need not be concerned about obtaining these internships before that time.

Tim Martin, Graduate Admissions Coordinator, and his wife Iva are the proud parents of a new son, Tristan Matthew, born Oct. 1 at 10:07 a.m. Tristan weighed 8 lbs. 9 oz. and is 19 inches long.

Outreach for Legal Literacy is a program through which law students teach fifth-graders in Bloomington the basics of law. The law students typically work in pairs and visit the classroom once a week for approximately forty-five minutes. Lesson plans will be provided. If any law student is interested in participating, please contact Tabitha Tyle at

Requests for use of a room in the Law School should be sent to Please include the name of the group and the name of the meeting or event. Be specific regarding what time the room is needed and for how long. Please note this email address to alleviate any confusion while the calendar changes administrative desks.

Requests for AV services may be sent to Beth at av@exchange. Please include the name of your group and the e-mail address of the contact person, a description of what you want to do, and the date, location, starting time and duration of the event. Requests must be made at least 48 hours in advance and will be confirmed by email.


Monday, Oct. 11, "What Every Female Law Student Should Know," 7:00 p.m., Faculty Lounge.

Tuesday, Oct. 12, Professor Joe Board, 11:00 a.m. to Noon and 1:15 to 3:30 p.m., Room 240.

Tuesday, Oct. 12, PILF Meeting, Noon, Room 124.

Tuesday, Oct. 12, "Rubber Gloves Not Required: A Panel Discussion on Clinical Education at IU Law," 7:00 - 8:30 p.m., Moot Court Room.

Wednesday, Oct. 13, Feminist Law Forum meeting, Noon, Room 124.

Thursday, Oct. 14, Professor Randy Barnett's lecture on the 2nd

Amendment, 12:15 p.m., Moot Court Room.

Updated: 8 October 1999