Indiana Law Annotated Vol. 19 No. 11 November 3, 2000

Table of Contents


Richard A. Epstein, the James Parker Hall Distinguished Service Professor at the University of Chicago Law School and a renowned legal scholar, will present the 2000 Addison C. Harris Lecture this Thursday at noon in the Moot Court Room. The title of his lecture is "Intellectual Property: Old Boundaries and New Frontiers."

Professor Epstein received his law degree in 1968 from Yale Law School, where he served on the editorial board of the Yale Law Journal. He then taught for five years at the University of Southern California before joining the faculty of the University of Chicago Law School in 1973. He served as Editor of the Journal of Legal Studies from 1981 to 1991, and currently serves as Editor of the Journal of Law and Economics.

Professor Epstein is one of our most prolific and significant legal scholars today. He has written extensively in many areas and is well known for his articles and his path-breaking books, including "Simple Rules for a Complex World"; "Principles for a Free Society: Reconciling Individual Liberty and The Common Good"; "Mortal Peril: Our Inalienable Right to Health Care?"; "Forbidden Grounds: The Case Against Employment Discrimination Laws"; and "Takings: Private Property and the Power of Eminent Domain".

The Harris Lecture is one of the main lecture series at the Law School and is offered annually. All students are invited and encouraged to attend.

The Environmental Law Society is hosting a brown bag seminar on "Getting a Job" on Tuesday, Nov. 7 from 12-1 pm in the Moot Court Room (123). The focus will be on networking and the use of the career services office. The speakers will focus on environmental law but the information

presented will be relevant to all fields. Those taking part are Rachel Kearney (Career Services Office), Professor John Applegate, Lyndsay Boyd (IDEM and 99 IU law grad), and Brett Nelson (Plews Shadley and 2000 grad).

The Intellectual Property Law Group will host Chicago Patent Attorney Michael Greenfield of McDonnell Boehnen Hulbert & Berghoff on Nov. 14, at 12:15 p.m. in Room 120. The discussion will be on "The Practice of IP as Impacted by Technology." We invite all members, anyone interested in membership, anyone interested in IP, anyone interested in a great networking opportunity, and all faculty to attend the brown bag event. The first 30 people will receive a beverage and chips, so BYOBB.


As you participate in course evaluations, you may be wondering how they are used. The school uses the evaluations in a variety of ways. First, and most obviously, many professors read the evaluations in order to assess their effectiveness as teachers. Second, the evaluations are used by the school in setting salaries, and are read during the promotion and tenure process as part of the information available to the school about a professor's teaching.

Professors may only see their evaluations after they have graded their exams and submitted the grades to the Recorder's Office.


As finals near, a refresher course on anonymous grading may be useful.

Examinations at the law school are graded anonymously. Students are required to obtain an examination number each semester. During the exam period, professors are given a list of the exam numbers for students in each of their classes. The list contains no names and is used for two purposes. First, it allows professors to check the numbers on the exam booklets against the numbers on the list to ensure that all students have turned in their exam booklets. Second, by placing the grade next to the examination number on this list, professors report grades to the Recorder. Two copies of the examination grades are given to the Recorder, who initials and keeps one copy. The second copy, along with a key to identify students by name, is then returned to the professors who wish to adjust grades for class participation.

The requirement that initial grades be turned in before members of the class are identified by name ensures that the identities of the class members will not be known until professors have relinquished control over their initial grades. The Recorder keeps the initial grade sheet on file, as well as the sheet adjusting grades for class participation. If a question arises as to whether a change was made to a grade after a student's identity was revealed, the exact nature of the change can be obtained from the Recorder.

As noted earlier, professors cannot read their student evaluations until their final grades have been turned in.


Professor Roger Dworkin delivered a paper entitled, "Cases and Guidelines in Genetics," at the International and Interdisciplinary Conference, "International Guidelines in Genetics," which was held in Lutherstadt Wittenberg, Germany, Oct. 26-30.

Professor Rob Fischman sends his greetings to all from Vermont Law School, where is visiting for the semester. He is enjoying his classes and colleagues but does miss Bloomington. Last month, he participated in a National Environmental Policy Act roundtable sponsored by the Environmental Law Institute and the Jackson Foundation in Washington, D.C. The roundtable discussed innovative ways to improve implementation of the statute. Also last month, he presented a faculty colloquium on "Cooperative Federalism for Recovery Under the Endangered Species Act."

Professor Jeff Stake's paper on memes and free speech, "Are We Buyers or Hosts? A Memetic Approach to the First Amendment," was finally accepted for publication next Summer in the Alabama Law Review. It took law journals (not including ILJ) so long to accept it that Stake will not even manage to beat Scientific American to press with the meme idea. See this month's issue. The article argues that the marketplace metaphor should be replaced by a perspective that recognizes that ideas can reproduce and evolve in ways that are not healthy for children and other living things. Applying this perspective, it suggests a small, but potentially important limitation on first amendment protection of speech.


Are you interested in a great legal experience this summer, and perhaps also picking up some credit hours to reduce your load next fall? Would you like to hear about the wide variety of internships available throughout the country, and why those internships might be the right option for you next summer? Come hear Dean Robel talk about this program at Noon Monday, Nov. 6, in the Moot Court Room.


The Seminar in International Law & Global Public Health has been cancelled for the spring semester. Prof. Fidler will offer a new seminar at the same time, 4:15-6:05, M.

This seminar, which satisfies the second-year writing requirement, concentrates on how foreign direct investment is regulated under international law. Companies large and small increasingly invest capital directly in other countries to build factories and create subsidiary operations. Corporations and law firms are thus increasingly engaged in structuring and operating foreign investments. Foreign direct investment is one of the key processes of globalization, and its regulation under international law is one of the most important contemporary issues in international economic law and transnational business strategies. The seminar explores the historical development of international law on foreign direct investment from the nineteenth century through the Cold War. A major focus of the seminar will be the current international legal frameworks that regulate foreign direct investment, including the World Trade Organization's Agreement on Trade-Related Investment Measures (TRIMS), Chapter 11 of the North American Free Trade Agreement (NAFTA), and bilateral investment treaties (BITs). In addition, we examine the controversial and unsuccessful attempt to negotiate a Multilateral Agreement on Investment (MAI) under the auspices of the OECD. The seminar will be valuable to students interested in international business transactions and public international law. During the course of the seminar, students will be expected to prepare short papers and take the lead in discussing specific topics. The seminar will conclude with a final take-home written assignment.

Students attending the University commencement for December graduation need to notify the Recorder.


Starting Monday, Nov. 6, Christian Legal Society will be collecting

donations for Thanksgiving dinners provided by Wheeler Mission in

Indianapolis. Each meal is only $1.79, so every penny does count.

Also, CLS will meet at 12:15 p.m. on Tuesday, Nov. 7 for a time of prayer on Election Day. This meeting will be in lieu of our normal 6:30 p.m. meeting. All are welcome to attend. Location TBA.

Do you like any of the following? (A) Politics or (B) free food? If so, then I know where you should be on Election Night (Tuesday, Nov. 7)...The Federalist Society is sponsoring Election Extravaganza 2000, to be held at the Crazy Horse from 6:30 p.m.-Midnight. This shindig is open to EVERYONE!! We don't care who you support in the presidential race. Come on out!

Now I know what you are thinking. What could be better than enjoying election returns on a large screen TV with some of your best law school friends? That's right, the ELECTORAL COLLEGE CONTEST! On Tuesday, simply fill out who you think will win each state on the official contest map (which will be available Tuesday at the law school). We will be accepting the completed entries at the Crazy Horse that night. You may win a $10 certificate to the Outback Steakhouse.

Hope to see you at the Crazy Horse!

Animal Legal Defense Fund Meeting (SALDF), Thursday, Nov. 9, 12:15 p.m., Room 124. If you care about animals, that's all that matters. We're holding elections for officers for our IU Law School student chapter, and information and applications

will be distributed for two ALDF legal internships for pay and credit (in the office in Rockville, MD). The Animal Legal Defense Fund is a national organization of attorneys, based in Petaluma, California, working for standing in the courts and animal rights. Belonging to SALDF will give you experience working on a legal animal rights issue of your choice, and valuable access to numerous resources and animal rights attorneys all over the country. As ALDF says, "We're the only attorneys whose clients are all innocent." Please keep an eye out for upcoming SALDF-sponsored events!

The Environmental Law Society will be having a meeting on Thursday, Nov. 9 at 4:15 p.m. in Room 214 to discuss the proposed changes to its

charter and the creation of a constitution. All dues paying members will be able to take part in helping to shape the future of the organization.

The Black Law Student Association will hold its annual Gong Show on Friday, Nov.10 at AXIS nightclub (formerly MARS), located at 419 N. Walnut St., from 6:00 p.m. through 9:00 p.m. Come out and support your classmates who are performing! Ticket sales are being held daily in the law school lobby. If you wish to

perform, please email Shontrai Irving (sirving).

Yes, we really do have an American Bar Association (ABA) Law Student Division (LSD) organization at this school! If you are currently a member of the ABA (you already sent your $20 yearly dues to the national office), please e-mail Kaarin Stahl (kamstahl) to add your name to an ABA e-mail list. If you are not currently a member, you should be! Look for registration materials in your mailbox soon. The benefits of joining the national organization include receiving the "ABA Journal" magazine and the "Student Lawyer" magazine. Both are great sources of information about the law in general plus information to help with your studies and career plans. In addition, you can join sections that specialize in everything from litigation to environmental law. There is something for everyone. The sections will then send you the same information that goes out to the member attorneys practicing in that area of specialization. Many students join more than one section. There are also member benefits such as BarBri discounts, student health insurance, and hotel and rental car discounts. The IU ABA LSD will be doing a community service project next semester, as well as sponsoring professional development events. If you have any questions, please contact Kaarin Stahl (kamstahl).


Professor Stake would like to hire a research assistant. If you are interested, put your vita in his mailbox in the mailroom on the second floor.

BLSA and the Intellect are holding a Yoplait Yogurt top drive in order to support Breast Cancer research. If you, your friends, or your family eat Yoplait Yogurt, please keep the tops. We will have a drop box outside of the BLSA office on the ground level of the law school (across from the SLA Bookstore). Please aid us in our efforts to support Breast Cancer by bringing in your Yoplait Yogurt lids and dropping them in the collection box.

To schedule classrooms in the law building, send email to bl-law-events (for Outlook users) or bl-events-law@ (for non-Outlook users). Please include date and time of event, length of time room will be needed, classroom requested and number of people attending event. Requests should be sent at least one week prior to event and include name of person requesting, organization planning the event and an email address. Confirmations will be sent by reply email.

Requests for AV services may be sent to Beth at 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, Nov. 6, Public Interest Internship Summer Program Meeting, Moot Court Room, Noon.

Tuesday, Nov. 7, "Getting A Job" Brown Bag Seminar, Moot Court Room, Noon.

Tuesday, Nov. 7, CLS Prayer Meeting, 12:15 p.m.

Tuesday, Nov. 7, Election Extravaganza 2000, Crazy Horse, 6:30 p.m.

Thursday, Nov. 9, Harris Lecture by Richard Epstein, Moot Court Room, Noon.

Thursday, Nov. 9, ELS Meeting, Room 214, 4:15 p.m.

Nov. 9, Animal Legal Defense Group Meeting, Room 124, 12:15 p.m.

Friday, Nov. 10, BLSA Gong Show, Axis Night Club, 6:00 p.m.

Tuesday, Nov. 14, Patent Attorney Michael Greenfield, Room 120, 12:15 p.m.

Wednesday, Nov. 15, Indiana State Bar Applications due.

ILA: To be included on the email distribution list, please send your address to Paper copies are available upon request or in the student area of the law school. Information is also posted at The School of Law also appreciates the assistance TIS in the weekly reproduction of the newsletter.

Submissions: Information and articles for the ILA should be submitted by Thursday at 10 a.m. for inclusion in Monday's edition. Please email all submissions to

Letters to the Editor: Letters should be submitted Wednesday at 5 p.m. for possible inclusion in Monday's issue.

Updated: 3 November 2000