Indiana Law Annotated Vol. 23 No. 4 (September 16, 2002)

Table of Contents



John Paul Frank died at the age of 84 in Phoenix, Ariz., on Sept. 7. Frank was on the faculty at the IU Law School from 1945 to 1949. He came to IU from the U.S. Interior Department in the same year as Ralph Fuchs (IU Law Professor 1945-1985). Frank left IU to teach at Yale Law School, but health issues drew him to Phoenix where he joined the law firm of Lewis & Roca in 1954.

During his career, John Frank helped shape the law in many of the country's most prominent cases.

While at IU, Frank and others from our law school were members of the Committee of Law Teachers Against Segregation in Legal Education, a group formed to express the conviction of law professors that segregation was unconstitutional. Together with a few others from the group, Frank wrote an amicus brief in Sweatt v. Painter, a challenge to segregation at the University of Texas Law School. This case, decided in 1950 by the Supreme Court, held the practice unconstitutional. The case laid some legal ground work for the arguments used in the Brown case four years later.

During his time at Yale, Frank advised Thurgood Marshall of the NAACP Legal Defense and Educational Fund, Inc., who argued the Brown v. Board of Education case and later joined the Supreme Court.

Perhaps John Frank's most famous case was Miranda v. Arizona. Ernesto Miranda was arrested in Phoenix in 1963 on armed robbery, kidnaping, and rape charges. He signed a confession while in custody and was convicted, but in 1966 the Supreme Court threw out the conviction in the landmark ruling against self-incrimination that led to the familiar "you have a right to remain silent..."

In other prominent cases, Frank defended Judge Clement F. Haynsworth, Jr., during his nomination to the U.S. Supreme Court, and he served as an advisor to Anita F. Hill, whose accusations of sexual harassment threatened the nomination of Justice Clarence Thomas.

Through the years, John Frank acted as a mentor to many young attorneys and worked to open the legal profession to women and minorities. In addition, he was the author of 11 books, including a biography of Justice Hugo L. Black, for whom he had been a clerk, and the1961 classic Lincoln as a Lawyer.

Although at IU only a short time, many of Frank's former students have spoken of his influence on their careers. Some IU law students from that time who rose to prominence include U.S. 7th Circuit Senior Judge Jesse Eschbach, former Indiana Senator Vance Hartke, Judge Juanita Kidd Stout, the first African American women to be appointed to a state supreme court, and our own Emeritus Professor of Law Val Nolan Jr.

A complete copy of John Frank's obituary from the New York Times can be found on the "More Dicta" board in the Law Library.



If you are new to Bloomington, you may have thought we were putting on the dog when we sent you all that admissions material boasting about what a musical mecca this town is, but we assure you we spoke no more than the truth. One of the best events of the year is quickly approaching, and because we fear you may be too buried in your books to notice, we would like to draw your attention to it:

For nearly a decade, the annual Lotus Festival has drawn thousands of people to downtown Bloomington for an exhilarating five days of music from around the world. This year, Lotus hosts performing artists from France, Benin, Niger, Hungary, Sweden, Peru, Norway, Portugal, the United States, and lots of other places north and south of the Equator. The festival includes free and ticketed concert events, free workshops with visiting artists, visual arts components, on-site food and drink, and the welcoming atmosphere of Bloomington's downtown. Lotus has something for everyone from sit-down concerts, to dancing in the street.

The 2002 Lotus World Music and Arts Festival takes place from September 25 to 29. For more information, including a schedule, visit


A series of events will be held on campus, during the week of October 11-18 to examine opposing views on the death penalty. Note that one of the scheduled events is a panel discussion with School of Law faculty and students. More information is available at the Web site

Friday, Oct. 11: "The Omega Suites," photographs by Lucinda Devlin. Artist's lecture at 5:30 p.m., Fine Arts 102. Reception immediately following, SoFA Gallery, Henry Hope School of Fine Arts.

Sunday, Oct. 13: "Dean Man Walking," screenings at 2:00 p.m. and 7:00 p.m., Whittenberger Auditorium in the Indiana Memorial Union.

Monday, Oct. 14: "Two Views," Open mic night, 7:00 p.m., Runcible Spoon Caf‚ & Restaurant, 412 E. 6th Street.

Tuesday, Oct. 15: "The Death Penalty: Two Views," forum with Sister Helen Prejean (author of Dead Man Walking) and Tom Perkins (Indiana Attorney General's Office), moderated by former U.S. Congressman Lee Hamilton ( JD'56). 7:30 p.m., IU Auditorium.

Wednesday, Oct. 16:"Is the Death Penalty System 'Broken'?" A panel discussion with faculty members and students from the IU School of Law. Questions and comments from the audience will be welcomed. 7:30 p.m., Moot Court Room, School of Law.

Thursday, Oct. 17: "A Murder Victim's Family Member Speaks," presentation by Doug Solan, and "Faith Speaks on the Death Penalty," a panel presentation from members of the Bloomington Faith Community, 7:30 p.m. at the Unitarian Universalist Church, 2120 North Fee Lane.

Friday, Oct. 18: "Celebration of Life," music and dance with Afro Hoosiers International and Transformation Dancers, 7:00 p.m., Harmony School, 909 E. 2nd Street.

In addition, an exhibit on "Execution and Capital Punishment in Victorian England" will be mounted in the Lincoln Room of the Lilly Library, and local bookstores and libraries will have displays on related themes.



PILF, short for Public Interest Law Foundation, and beloved for its Singing for Summer Salaries spring fundraiser, will be having its first general meeting of the year on Monday, Sept. 16, noon, in room 125. We will be discussing upcoming events for the fall semester, particularly the PILF Faculty/Student Softball Tournament and Pig Roast on Saturday, Oct. 5. Come one, come all to the meeting, and we will feed you lunch, too!


The Women's Law Caucus invites you to attend their annual Wine and Cheese reception, in the Faculty Lounge, on Monday, Sept. 16, from 4:00 p.m. to 6:00 p.m.


The Feminist Law Forum will have its first call-out meeting on Wednesday, Sept. 18, at 12:15 p.m. in room 122. Come and find out how you can get involved with programs like "What Every First Year Female Law Student Should Know," our annual blood drive, and our faculty-student mixer. See you there!


The first Environmental Law Society meeting of the year will be this Wednesday, Sept. 18, at noon. The meeting will be held in room 124. Pizza and snacks included! If you have any questions, email us at We look forward to seeing you!


If you are interested in joining the protective order project, you should attend the training Thursday, Sept. 19, 5:00 p.m. - 7:00 p.m., room 122. If you have any questions, please contact Sarah Dansker at There will also be a meeting for all POP members at noon in room 122 on Friday, Sept. 20.


Vote for your Student Law Association representatives! On Thursday, Sept. 19, and Friday, Sept. 20, voting will take place in the main lobby from 11 a.m. to 2 p.m. Please bring your student ID to vote.


SLA will be appointing a student to represent the Law School on the Graduate Professional Student Organization, which represents graduate students on a university-wide scale. If you would like to be considered, please submit a brief statement describing any relevant experience you have and why you are qualified to represent IU law students on a university-wide scale. Applications are due to the SLA office by Friday, Sept. 20, at 5:00 p.m. Contact Matt Silverman ( with any questions, or for specific inquiries about GPSO.


On Friday, September 27, from 6:30 p.m. - 9:00 p.m., spend an elegant evening enjoying local wine and gourmet food in the company of law students, faculty, and practitioners, amidst the beauty of a lush, rolling landscape. The event features wine tasting, live jazz, delicious hors d'oeuvres, wine by the glass, and a silent auction, with merchandise and services from all over Bloomington.

Attendance is limited to 150 guests. Tickets are $15 ($10 for ELS members) and include one free glass of wine (in addition to tastes). Tickets can be purchased at tables in the Law School lobby on Sept. 16 - 18 and Sept. 23 - 25 from noon to 1:00 p.m., or by e-mailing your request to


Please join Phi Alpha Delta Law Fraternity and Mr. Neil Charles, wine director for Big Red Liquors, food critic, and masters of wine candidate, for the Law School's first-ever wine tasting class! So far three classes have been planned:

Thursday, Sept. 26: An Introduction to White Wines

Thursday, Oct. 10: An Introduction to Red Wines

Thursday Oct. 17: An Introduction to Other Wines (dessert wines, ports, etc).

Classes meet from 7:00 p.m. to 9:00 p.m. The cost is $22.50 ($20.00 for PAD members). Availability is first come first serve, with preference given to 3Ls, faculty, and PAD members. Please sign up a week in advance.

Each class will have a minimum of 12 people and a maximum of 25, and a minimum of eight different wines will be sampled. Space is limited so sign up soon! E-mail David Lee at for more information.


What can be better than a social event with a roasted pig? A social event that features dynamic IU law students, faculty, and staff pitted against one another in a softball tournament and a roasted pig at the PILF Faculty/Student Softball Tournament and Pig Roast! Saturday, Oct. 5, at Bryan Park is where this throw down is scheduled to take place. Sign-ups for teams will begin Sept. 26,, and each team MUST include one faculty or staff member. This phenomenally good time comes at the negligible cost of $10 per person. Please watch your mailboxes with bated breath for all the juicy details.



We have another outstanding graduate class this year and will be introducing some of the students in this space throughout the fall.

Poom Moolsilpa is a 1996 LL.B. graduate of Chulalongkorn University Faculty of Law, Bangkok, Thailand. He graduated from the M.C.L. program at Indiana University School of Law in May 1999. Mr. Moolsilpa is a member of the law faculty at Assumption University Faculty of Law, Bangkok, Thailand, where he teaches courses in Constitutional and Business Law. He is currently working toward his S.J.D. degree at Indiana University School of Law, where he is focusing his research on comparative administrative procedure.



The ABA is seeking volunteers for its spring Volunteer Income Tax Assistance (VITA) program. Through VITA, volunteers assist low-income, disabled, or elderly individuals in the community prepare their personal income tax returns. You don't have to be a tax expert to lend a hand, and training is supplied! There are two training mechanisms that may be used together or in isolation. First, there is a self-study workbook that will be mailed to you. Second, there will be a training class in January for a more personalized training approach. The actual volunteer opportunities take place from February

through mid April, with the hours up to the individual. The volunteer support will be hosted at the Bloomington Library 3:00 p.m. - 5:30 p.m. weekdays and 9:00 - 11:30 a.m. Saturday mornings. The VITA program provides a tremendous opportunity for students to contribute to the Bloomington community, and the program can use as many volunteers as we can supply!

To ensure that volunteers receive the training materials, we need to submit a list of interested individuals by early October. If you are interested, please email Julie Swinney at by Friday, Oct. 4.


Try-outs for the 2002-03 Trial Competition Team will take place November 1-3. Students may sign up any time between now and October 24 by contacting Coach Tanford, either in person or by e-mail at The case file and other information is available on the Trial Team's web site. A mini-course in basic trial advocacy is being offered Mondays from 5:30-7:30 in room 219 for students who have not taken Trial Process.


ALL e-mail about reserving classrooms must be sent to BL-LAW-EVENTS. Debbie Eads will no longer be scheduling rooms. Mail must be sent to the correct address for Carol Green, the new events coordinator, to be able to read and respond to them (see announcement below). Thank you!


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.


Sept. 16: PILF general meeting, noon, room 125

Wine and Cheese Reception, 4:00 p.m. - 6:00 p.m., faculty lounge

Sept. 18: Environmental Law Society meeting, noon, room 124

Feminist Law Forum meeting, 12:15 p.m., room 122

Sept. 19: Voting for SLA, 11:00 a.m. - 2:00 p.m., main lobby

POP training, 5:00 p.m. - 7:00 p.m., room 122

Sept. 20: Voting for SLA, 11:00 a.m. - 2:00 p.m., main lobby

POP meeting, noon, room 122

Applications due for Graduate Professional Student Organization

Sept. 25-29: Lotus Festival

Sept. 26: First of three PAD wine-tasting classes

Sept. 27: ELS Evening at Oliver Winery, 6:30 p.m. - 9:00 p.m.

Oct. 5: Faculty/student softball tournament and pig roast

Oct. 24: Deadline to sign up for Trial Competition Team try-outs

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