Indiana Law Annotated Vol. 23 No. 1 (August 26, 2002)

Table of Contents



To our new students, from here and abroad, welcome to the Law School. With 233 students, our entering J.D. class is one of the largest and strongest we have ever had, with 29 states and three foreign countries represented in its members. Fifty-five percent of you come from out of state, and you represent 109 different institutions of higher learning. Our entering LLM class has 62 students from many countries around the globe. These students come to Indiana having already completed a degree in law, and many have significant work experience in private practice, government, the judiciary, and the academy. We are delighted to have you all with us this year, and look forward to getting to know you all.

To our returning students, welcome back. This summer, 108 students were involved in the Law School's Public Interest Internship Program. Students worked around the state and the country, in a myriad of public service and public interest settings. As I read the journals of the many students involved in the Public Interest Internship Program, and talk to their delighted supervising attorneys around the country, I am reminded yet again of the talent, energy, and commitment to service that our students bring to their legal studies. The breadth of your experiences was astonishing.

Like many of her classmates in legal services offices from New York to San Francisco, Maria DeFord provided legal services for the indigent. Maria worked with migrant farm workers for Colorado Legal Services, where she educated governmental agencies about federal and state protections for migrant workers on the one hand, and provided legal outreach to migrant labor camps on the other.

Students served with judges at all levels of the court system in five states. Darren Craig spent the summer in the chambers of Judge Najam of the Indiana Court of Appeals. Dan Strunk interned with Judge Kanne of the U.S. Court of Appeals for the Seventh Circuit. Many of you were in Washington this summer, at agencies, like Matt Pontius and Deborah Salons at the Federal Communications Commission, or with the Department of Justice, like Kristin Acuff, Megan Stifel, and Kristine Zeabart. Others, such as Rebecca Greene and Dan Flynn, served in regional offices, such as the Environmental Protection Agency's office in Chicago. Janet Rumple worked with Lawyers for Children in New York, and several other students found similar jobs with legal advocacy groups. Dozens of you served in the criminal justice system, either in public defenders' offices, such as Jennifer Dicken in Phoenix, or in prosecutor's offices, such as the many students who provided such stellar work for the Marion County Prosecutor in Indianapolis.

I am gratified by the uniformly complimentary assessments of the many supervising attorneys to whom I have spoken in the past few weeks. Their praise speaks well of your work, and you in turn are a wonderful testament to the quality of your legal education here at Indiana.


This is a busy year for us. As you know, Dean Aman ended his 11-year tenure as dean in June, and we are embarked on a search for a new permanent dean. The search is being undertaken by a committee chosen by Chancellor Sharon Brehm, and according to university guidelines, the committee includes not only Law School faculty, but also representatives of the bench, the bar, other parts of the university, and the staff. In addition, Matt Silverman (3L), who was nominated by SLA, serves on the committee. Professor Conkle, who is chairing the committee, plans regular communication with the student body during the search. The committee's goal is to have a new dean in place July 1, 2003.

Committee members include Professors Conkle, Brown, Buxbaum, Dau-Schmidt, Hicks, Hoffmann, Lamber, Stake, and Pauwels from the Law School faculty; Professor David Smith from the Department of Religious Studies and

director of the Poynter Center; E. Grace New, a staff member at SPEA; Cornelius Wright, from IU Public Affairs and Governmental Relations; the Honorable John D. Tinder of the U.S. District Court in Indianapolis; Alecia DeCoudreaux, JD'78, secretary and deputy general counsel for Eli Lilly and Company and a member of our Board of Visitors; and Matt Silverman, a third-year law student.


Every seven years, the Law School is reviewed for accreditation purposes by the American Bar Association. In preparation for that review, we undertake a self-study. Last year, the faculty met throughout the year to define the issues that would form the core of that study. This year, a committee chaired by Associate Dean John Applegate will write a report for the ABA. The committee will include student representatives, chosen through consultation with SLA. Students will also be hearing from the committee this fall as it conducts a survey.

I'm looking forward to this year, and hope to keep you up to date through the ILA on a regular basis.

Lauren Robel, Acting Dean


Luis Fuentes-Rohwer joins our faculty as an associate professor. He earned his BA, JD, and PhD from the University of Michigan, and an LLM from Georgetown. In 2000 01, he was a teaching fellow at the Georgetown Law Center, where he co-taught Constitutional Law with Alexander Aleinikoff. Last year he was a visiting professor at Chicago-Kent College of Law, where he taught American Legal History, Election Law, and Race and the Law. His research interests include voting rights, judicial independence and accountability, democratic theory, and immigration law. Here at the School of Law he will teach The Legal Profession and Election Law.

Clinical Associate Professor of Law Michael Jenuwine has joined the Child Advocacy Clinic as its associate director. He earned a BS in 1988 from the University of Michigan and holds a master's degree in educational psychology and a PhD in psychology from the University of Chicago. In 2000, he earned a JD from Loyola University of Chicago with a certificate in Child and Family Law. Jenuwine has worked extensively both as a researcher and as a therapist with adolescents and he is interested in the overlap between mental health and legal issues for juveniles.

Professor David Snyder joins the faculty from Cleveland-Marshall College of Law, where he had taught since 1996. He has been a visiting professor at the College of William & Mary and Boston University (as well as here at IU). In his research, he focuses on contracts and commercial law, and he has published comparative and historical work in these areas, focusing on civil law and Roman law. Snyder earned his BA in 1988 from Yale, and his JD in 1991 from Tulane Law School. He clerked for Judge John M. Duh‚ Jr., on the 5th Circuit Court of Appeals, and from 1992 to 1996 he was an associate at Hogan & Hartson in Washington, D.C.

Steven Heyman is visiting us this year from Chicago-Kent College of Law. He will teach Criminal Law, Evidence, and a Seminar on Law, Morality, and Community. Heyman earned a bachelor's degree in 1979 and a JD in 1984 from Harvard. Since 1989, he has been on the Chicago-Kent faculty, teaching Criminal Law, Torts, Justice and the Legal System, Constitutional Law, and First Amendment. He is a member of the American Society for Political and Legal Philosophy, the American Law Institute, the Working Group on Law, Culture, and the Humanities, and the Jane Austen Society of North America.

Catherine Stafford will be teaching legal writing first semester while Sophia Goodman is on leave. Stafford, who earned her bachelor's degree in English from IU, and her JD from the University of Minnesota, has been working most recently at Indiana Legal Services, running a statewide project to provide legal assistance to seniors. From 1997 to 1999, she was director of programs for the Minnesota Justice Foundation, administering and writing grants to support a number of public interest volunteer and internship programs.

The alumni office is also full of new faces this fall. Over the summer, Tim Hightower, who graduated from the Law School in 2001, joined the alumni office as director of development. Hightower came to this law school as a student from a career in the corporate world and in banking. He graduated in 2001, and had returned to banking before being lured back to his alma mater. Catherine Dyar, who will be joining the office in October as our director of annual giving, graduated from Indiana University with highest distinction in English and Russian, then took her law degree with honors from the University of North Carolina School of Law. She has worked in Jenner & Block's litigation department and a legal search firm in Chicago and is now finishing a clerkship with the Northern District of Illinois. Dyar has long IU ties she has three siblings who are Bloomington graduates and she is excited to be returning to her alma mater. We are also delighted to welcome Teresa Barnett, who had been working as a faculty secretary, to the alumni office as development assistant. Finally, Carol Green joins us on Sept. 9 as our new events coordinator. She comes to us from University Ceremonies/Special Events, where she has coordinated events for the trustees, the chancellor, and the president. She will not only coordinate our alumni events, but also will be available to plan all school events, large and small; to coordinate travel arrangements for visitors for speakers and appointments; and to provide logistical support for conferences and speakers. She will be located in Room 311, across from the alumni office.


From May 29 to June 2, Professor Jeannine Bell attended the Law and Society Association conference, where she presented a paper, "Crossing Boundaries, Maintaining Segregation: Neighborhood Violence and Racial Exclusion," and served as a discussant for another panel. She was also appointed to chair the Law and Society Association's Diversity Committee for 2002 2003. Bell's article, "Deciding When Hate is a Crime: The First Amendment, Police Detectives and the Identification of Hate Crime," was published in this June, in Volume 4 of the Rutgers Race and the Law Review.

During the summer, Professor Fred Cate spoke on "Exporting Mission Critical Data to the U.S. and Data Surveillance Post-September 11" at Denton Wilde Sapte in London; "The Commodification of Information" at the Institute of Advanced Legal Studies at the University of London; "Information Privacy" at the Indiana Graduate Program for Judges; and "Anti-Marketing Efforts" at the American Financial Services Association State Government Relations Forum in Chicago. He began work on a joint project of the American Enterprise Institute and the Brookings Institute on privacy legislation, and was selected to serve as a member of the inaugural dispute resolution appeal panel of TRUSTe. He and Georgetown economist Michael Staten completed a case study on the use of personal information at Sears. Professor Cate's article, "Principles for Protecting Privacy" appeared this summer in the Cato Journal.

In conjunction with the World Summit on Sustainable Development, the Environmental Law Institute has just published a book, Stumbling Toward Sustainability, that evaluates by sector how well U.S. law promotes sustainable development. Professor Robert Fischman is the author of the chapter on forestry.

American Bar Association President A.P. Carlton has appointed Professor Charles Geyh to serve as the reporter to the ABA Commission on the 21st Century Judiciary, which Carlton established last week in Detroit. The commission will be studying the politicization of state judiciaries and making recommendations. Second-year law student David Giampetroni will be serving as assistant to the reporter.



An important meeting of all student organizational presidents and chairs will be held at noon on Monday, Sept. 2, in room 122. If a president or head of an organization is unable to make this meeting, please send a representative. Please contact Dean Fromm if you have questions.



Drop/add will continue through (and including) Sept. 4. Remember that drop/add is a two-step process and you must process your drop/add with the Recorder's Office AND the touch tone telephone system. Instructions are available in our office and posted on the grade board and were placed in your mailboxes with your fall course selections.

Course selections for the fall semester have been placed in your mailboxes. Whether you process a drop/add or not, we strongly suggest that you call the touch tone telephone system and review your schedule with the University computer on INSITE. If you find an incorrect course selection on the telephone system, please report this to our office immediately. The class times on the telephone system may differ from the law school schedules. Please use the law school class schedule grid showing the times and rooms.


Exam numbers for B675, Public Natural Resources are available in our office.



The IU Trial Competition program has a limited number of positions open for 2L students interested in litigation. The program combines curricular and non-curricular training in trial advocacy with intercollegiate trial competitions. No experience in trial advocacy is required, but some experience in acting, debating, public speaking, undergraduate mock trial competitions, or stand-up comedy is helpful. If you're interested, check out the team website, which can be found at the bottom of the list of current courses on the law school home page. Training camp will begin Sept. 9 at 5:30 p.m., and an internal competition will be held the weekend of Nov. 1-3. For more information, talk to returning team members Mark Delgado, Luiey Haddad, Scott Holmes, Michele Lofthouse, Andy Reitz, Steve Hamilton, Brandy Jones, Paula Konfal, or Erica Schilke.


Professor Cate is looking for a second- or third-year research assistant with interest in privacy and/or communications law. No substantive knowledge or experience is necessary, but excellent research ad writing skills are a must. If interested, please see Professor Cate or drop off a resume with his secretary, Marjorie Young.


To schedule classrooms in the law building, send e-mail 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 e-mail address. Confirmations will be sent by reply e-mail.


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 e-mail.


Aug. 26: Picnic for new students, 5:00-7:30 p.m., Bryan Park

Aug. 28: Classes begin

Sept.2: President's Council meeting, noon, room 122

Sept. 4: Last day for drop/add

ILA: Please visit our Web site at The ILA is published every Monday with news about the coming week. If you have questions about an item appearing in the ILA, please contact Leora Baude (e-mail or phone 855-2426).

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