Indiana Law Annotated Vol. 26 No. 13 (April 19, 2004)

Table of Contents


Members of the law faculty will suit up again this year for a basketball match-up against first-year law students, raising the question: Are our faculty members gluttons for punishment? Come out to cheer on the teams from 7 p.m. to 10 p.m. on Wednesday, April 21, in Assembly Hall.


SCHOOL ATTORNEY ON HAZING, OFF-CAMPUS CRIME, AND LIABILITY NEXT WEEK The Law School community is invited to attend a talk by Chicago-based school attorney Tony Scariano, who will present "Liability in Public Schools: Hazing and Off-Campus Crime" at 7:30 p.m. on Tuesday, April 27, in the auditorium at the IU School of Education. Scariano, who works on high-profile education lawsuits, represented the Illinois Glenbrook North and South School District in the Powder Puff hazing case. He is a partner at law firm of Scariano Himes & Petrarca.


An article written by Professor Robert Fischman was selected by a series of national peer review committees from more than 400 pieces as one of the six best environmental law articles published in 2003. The article, which appeared in Ecology Law Quarterly, will be republished in volume 35 of the Land Use and Environmental Law Review. Entitled "The National Wildlife Refuge System and the Hallmarks of Modern Organic Legislation," the article constructs a new framework for understanding statutes that provide charters for systems of public lands. Fischman employs his framework to interpret the recently enacted federal organic law, the National Wildlife Refuge System Improvement Act.

Professor Luis Fuentes-Rohwer presented a paper and moderated a panel at the Northeast People of Color Conference, "The Power to Elect: Race, Voting and Campaigning in the Twenty-First Century," hosted by the University of Connecticut Law School on April 2 and 3. On April 7, Fuentes-Rohwer was also a panelist for a mini-symposium hosted by the American Constitution Society at the University of Minnesota Law School entitled "Redistricting and State Constitutionalism." On April 22, he will participate in a panel sponsored by the Journal of Legislation on Richard L. Hasen's recent book, The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore, at the Notre Dame Law School.

On April 10, Professor Christiana Ochoa presented her paper, "Empire in Relation to Law, Sovereignty and States: An International Law Perspective," at the annual conference jointly organized and hosted by the IUB American studies and cultural studies departments. Ochoa has been selected to participate in the Faculty Colloquium on Excellence in Teaching (FACET), established in 1989 as an Indiana University Presidential Initiative to promote and sustain teaching excellence.

On April 15, Professor Aviva Orenstein delivered a talk at University of Nevada-Las Vegas School of Law entitled "Deviance, Due Process, and the False Promise of Rule 403." The presentation concerned her research on Federal Rules of Evidence 413-414, which allow the prosecutor to admit evidence of prior sexual offenses by the accused.



The Class of 2004 is invited to an all-class meeting at noon on Thursday, April 22, in room 125. Graduating students are asked to submit their best three and worst three experiences or impressions from their time here at the Law School. Can't make it? Send your list to We'll miss you, and you'll miss pizza lunch!


The Environmental Law Society (ELS) extends congratulations to its newly elected board for the 2004-05 academic year. Alison Waske will serve as president, Julia Amrock will serve as VP for academics, Kristin Stankiewicz and Jake Smith will serve as VPs for clinical opportunities, Denise Walker will serve as VP for career development, Tim Haley will serve as secretary, and Noah Joseph will continue to serve as treasurer. The ELS would also like to thank the outgoing board and everyone who participated in our events and projects for helping to make this year a success. Please note: If you will be in Bloomington this summer and are looking for volunteer opportunities involving event planning, fundraising, and/or recycling, e-mail your contact information to


The Phi Alpha Delta (PAD) law fraternity has inducted eight new officers. The new officers include Lisa Adelman (justice), Michael Woods (vice justice), Lora Smith (clerk), Megan Pickens (treasurer), Dwight Haygood (marshall), Kevin Mason (philanthropy chair), Amy VonDielingen (social chair), and John Schwarz (outline chair). PAD would like to thank Renea Vealey-Hill and the other officers who did a fantastic job leading PAD this year!



The Continuing the Community Class of 2004 Pledge Campaign is going strong. We now have 22 percent participation from the class and have raised more than $22,000 in pledges for the Law School's annual fund, which supports all of the student organizations; the offices of Career Services, Admissions, and Student Affairs; the Law Library; scholarships; and all aspects of student life at the school. This is great, but we can do even better! It's not too late to help us start a new tradition of pledging support to the school. Please stop by the class pledge table in the lobby from noon to 2 p.m. this week to make your pledge and to become eligible to win a beautiful frame for your diploma. Also, please sign the scrapbook for Kevin Robling. The Class of 2004 will present the book to Robling at the 3L party on April 21 at the Monroe County Courthouse. Thank you for your support. For more information, please contact Mike Red at or Catherine Dyar at


The deadline for sign up for PMBR is Wednesday, April 21! PMBR is a bar review class for the MBE (the multiple choice questions). The MBE can represent up to 50 percent of your state's bar exam (this includes Indiana as well as many other states). This is also the section of the exam that may transfer or help you get reciprocity in another state. PMBR will set up on Monday, April 19, Tuesday, April 20, and Wednesday, April 21.


If you will be working in or near Washington, D.C., this summer, plan to participate in the Law School's Washington Practice Program. The program is a series of receptions, seminars, and discussions held during lunch in June and July. It is designed to acquaint IU Law students with the nature and range of practice in Washington, D.C., and to expand their network of contacts with IU Law alumni, other practitioners, and senior government officials. These sessions offer insights about job opportunities, effective ways to prepare for various kinds of positions, and suggestions for being a successful practitioner. Washington practice has some unique characteristics, and this program provides an insider's perspective. The program is available for course credit as well as on a non-credit basis.

In the inaugural offering in 2003, participants, among other things, met with former U.S. Representative Lee Hamilton, JD'56; met with S. Jay Plager, senior judge of the U.S. Court of Appeals for the Federal Circuit and former dean of the Law School; and were hosted for lunch by senior partners at Jones Day, Arnold & Porter, and Akin Gump for discussions with groups of alumni engaged in practice with law firms, government agencies, congressional committees, and NGOs.

The 2004 program will start with a reception hosted by Dean Robel for D.C.-area alumni and current students. We hope to facilitate a series of small group lunches, matching alumni in particular areas of practice with students interested in those areas. To sign up for the program, or for more information, contact Professor A. James Barnes, who will lead the program again this year, at You might also want to contact current students who participated last year: Megan Stifel, Jeanette Hanna-Ruiz, Rodney Hunter, Sabeka DuBose, Freedom Smith, Jeffrey Hyman, Kathrine Lemon, and Layne Keele.


All e-mail about reserving classrooms must be sent to BL-LAW-EVENTS. Mail must be sent to the correct address, bl-law-events (for Outlook users) or (for non- Outlook users). Please include the 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 before the event and include the name of the person requesting, the organization planning the event, and an e-mail address. Confirmations will be sent by reply e-mail. Thank you!


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.


April 19:

April 20:

April 21: Faculty vs. 1Ls, 7 p.m. to 10 p.m., Assembly Hall

April 22: Class of 2004 all-class meeting, noon, room 125

April 23:

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