Indiana Law Annotated Vol. 27 No. 3 (September 13, 2004)

Table of Contents


The Defense Trial Council of Indiana (DTCI) will make a presentation about their organization at noon on Wednesday, Sept. 15, in room 125. Those who plan to attend should contact Bruce Farrand at by Monday, Sept. 13.


Women's Law Caucus Mass Meeting

The Women's Law Caucus will hold a mass meeting at 12:15 p.m. (room TBA). Snacks will be provided.


The Defense Trial Council of Indiana (DTCI) will make a presentation about their organization at noon in room 125. The DTCI is the only statewide organization strictly designed to meet the needs and solve the problems of the defense attorney. Membership in the DTCI affords the opportunity to meet and work with some of Indiana's finest defense practitioners. The DTCI's informative educational programs also offer a great chance to network. Pizza will be provided for all in attendance.


Debate Next Monday on Judicial Appointments and the Upcoming Election

The American Constitution Society and the Federalist Society will be co-hosting a debate entitled "Judicial Appointments: What's at Stake This Election" at noon on Monday, Sept. 20, in the Moot Court Room. Lunch will be provided. Speakers include Professor Bill Marshall from the UNC - Chapel Hill School of Law and Professor A.J. Bellia from the University of Notre Dame Law School. Marshall served as deputy White House counsel and deputy assistant to the president of the United States during the Clinton Administration, working on issues such as freedom of religion and the separation of powers. He has published extensively on constitutional law topics and is a nationally recognized First Amendment scholar. Marshall is also a leading expert on federal judicial selection matters and on the interrelationship between media, law, and politics. Bellia practiced law as an associate with Miller, Cassidy, Larroca & Lewin in Washington, D.C., litigating First Amendment, death-penalty, contract, and employment cases in state and federal courts. He also clerked for Associate Justice Antonin Scalia of the Supreme Court of the United States, Judge Diarmuid F. O'Scannlain of the United States Court of Appeals for the 9th Circuit, and Judge William M. Skretny of the United States District Court for the Western District of New York. If you have questions, please contact Liane Groth at

Australian Justice Kirby Presents Lecture on Global Response to Terrorism Next Tuesday

Justice Michael Kirby of the Australian High Court will present "Terrorism: Global Response of the Courts" at 7 p.m. on Tuesday, Sept. 21, in the Moot Court Room. Kirby, the Branigin Lecturer of the IU Institute for Advanced Study, will review the response of courts from around the world to legislation designed to respond to threats from terrorism. Kirby will describe developments in his own court as well as decisions in the highest courts of the United States, Europe, Great Britain, and Israel. Kirby has served on the High Court of Australia since 1996 and has been a judge since 1975, serving on the Federal Court of Australia and as president of the Courts of Appeal of New South Wales and the Solomon Islands. In the 1990s, he served as special representative of the secretary-general of the United Nations for Human Rights in Cambodia and on many other United Nations bodies. Kirby is currently a member of the International Bioethics Committee of UNESCO, the Ethics Committee of the Human Genome Organisation, and the Global Panel on Human Rights of UNAIDS (the Joint United Nations Programme on HIV/AIDS). For more information, please contact the Institute for Advanced Study at 855-3658.

Professor Malherbe to Speak on Constitutional Transformation in South Africa Next Thursday

Rassie Malherbe, professor of public law at Rand Afrikaans University (RAU), will host a conversation with students and faculty at 4:30 p.m. on Thursday, Sept. 23, in the Student Lounge. Malherbe will present a general overview of the constitutional transformation that happened in South Africa from 1990 to 1996. He will also discuss human rights in South Africa after a decade of democracy, including the development of social and economic rights, the right to education, and freedom of religion. Malherbe earned his BA and LLB from the University of Stellenbosch and his LLD from RAU, where he currently teaches constitutional law, legal interpretation, human rights, and education law. He is the director of the certificate program in legislative drafting and an advocate of the High Court of South Africa. Malherbe will be here as part of IU's legislative drafting project with the University of Pretoria.

PILF Faculty-Student Softball Tournament and Barbecue Next Saturday

The Public Interest Law Foundation (PILF) will hold its annual faculty-student co-ed softball tournament on Saturday, September 25, at Bryan Park. Come join us for a day of softball, barbecue, and fun! E-mail with questions.

Second Annual Socctoberfest Looking for a Few "Good Enough" Men and Women

The Law School's second annual JD/LLM "Socctoberfest" will be held from 4 p.m. to 6 p.m. under the lights at Karst Farm Park on Friday, October 8. A party and cookout at the park pavilion will follow the soccer match. In essence, everything is in place ... except the teams. We're looking for 60 male and female players of all levels. Players will not only have the time of their lives, they will also get a free team jersey made of 100% genuine cotton. After the game, the Law School will honor the most valuable JD player and the most valuable LLM player. ("Valuable" does not mean wiping out everything in your path to score the most goals.) Professor Bill Henderson will divide the players evenly, based on skill level, into two teams. This year, JDs and LLMs will play together on the two teams. Those interested in playing should contact Professor Henderson at and indicate a skill level: a) I would have gone pro if not for my knee injury, b) I'm not exactly Pele, but I know my way around the field, c) I defeated my six-year-old little brother, when he had the flu, or d) I enjoy kicking things. To view pictures from last year's game, visit


Professor Kevin Brown's article entitled "The Racial Gap in Ability: From the Fifteenth Century to Grutter and Gratz" was published at 78 Tulane Law Review 2061 (2004).

Professor Hannah Buxbaum participated in a transatlantic policy conference at the University of Texas School of Public Affairs. She gave a paper on "Sovereignty and State Identity in Transnational Litigation."


Jessup International Law Moot Court: Applications Due Monday

Applications are now being accepted for membership on this year's Jessup International Moot Court team. The team will consist of four students and will be coached by Professor Hannah Buxbaum. During the fall semester, team members will produce a written memorial (analogous to a brief); oral arguments will take place during the spring semester. Team members will receive academic credit for their participation. For further details on the Jessup competition, visit All applications are welcome. Previous moot court experience and relevant international law course work will be considered, but neither is required. Priority will be given to upperclass students. Please submit a current resume and a statement of interest (covering relevant experience and reasons for interest in the competition) to Dean Leonard Fromm no later than Monday, September 13. For further details on the application process or on the competition generally, please see Professor Buxbaum.

National Environmental Law Moot Court Competition: Applications Due Next Monday

The Seventeenth Annual National Environmental Law Moot Court Competition will be held on Thursday, Feb. 24, through Saturday, Feb. 26, 2005, at Pace Law School in White Plains, New York. Since 1989, student advocates from across the United States and Canada have participated in the National Environmental Law Moot Court Competition. The competition is a rigorous academic experience, attracting more than 200 competitors from law schools as well as 200 lawyers who serve as judges for three days of oral arguments. Recognized as the preeminent environmental law moot court competition in the United States, the event tests skills in appellate brief writing and oral advocacy involving issues drawn from real cases, providing experience in environmental litigation. Previous legal problems have included illegal dumping of hazardous waste, vicarious criminal liability of corporate officers for their companies' environmental crimes, and commerce clause limits on water pollution regulation. Up to three team members may be chosen to compete. All applications are welcome. Moot court experience and related course work will be considered, but are not required. Upperclass students will be given priority. Please submit a current resume and a statement of interest to Dean Fromm no later than Monday, Sept. 2. Applications will be reviewed by Dean Fromm and a faculty committee, who will determine whether the Law School can send a strong team that will compete well in this national competition. Briefs will be filed in early December, and oral arguments will take place on the Pace campus in February. For more information about the competition, visit

Phi Alpha Delta: Applications Due October 1

The IUB chapter of the world's largest international legal fraternity, Phi Alpha Delta (PAD), is seeking new members! Interested students should turn in their applications to 2L Lora Smith's mailbox on or before Friday, Oct. 1, along with payment and separate chapter dues. Applications can be downloaded from Another information session will most likely be held this week, so look for posters around the Law School for more details. If you have questions, feel free to e-mail John Schwarz, PAD's marshal at

ABA Sponsors Law Student Tax Challenge

The Tax Section of the American Bar Association is sponsoring the fourth annual Law Student Tax Challenge. The Law Student Tax Challenge is a tax planning competition designed to more closely reflect everyday tax practice than traditional moot court competitions. It requires submission by a two-person team of a 10-page memorandum and four-page client letter addressing a problem available at The written submission is due on Nov. 11. Based on the written work product, six teams will be selected as semi-finalists. Semi-finalist teams will present the written work product to a panel of judges in an oral competition at the Section of Taxation Midyear Meeting in San Diego in January of 2005. Those six teams will receive complimentary airfare and hotel accommodations. There are cash prizes for the top three teams and for the team with the best written submission. For more information, visit the Web site above or contact Professor Leandra Lederman at

Attention 2Ls and 3Ls: Research Assistant Needed

Professor Bill Henderson is looking for a second-year or third-year law student to work on research related to plantiffs' law firms. The project will require approximately 20 to 30 hours of research. If you're interested, please send an e-mail with your attached resume to Professor Henderson at

Pro Bono Project Offers Hands-on Legal Experience

Would you like to network with attorneys? Do you need more real-world legal experience in order to find a job or to decide what area of law to pursue? Is there a specialty area of law that you would like to pursue, but do not know how? By becoming involved with the Pro Bono Project, students are able to work with local attorneys on a variety of cases and can request a specialty area of interest. If you are interested or if you would like Janet Rumple, Pro Bono Project coordinator, to talk to your student group about this opportunity, please contact Janet (855-9809,

Student Ambassador Training

The Admissions Office is seeking student volunteers to participate in the Student Ambassador Program. As a student ambassador, you will escort prospective applicants to class, give tours of the Law School, and serve as an e-mail contact for admitted students, providing information about our school, our programs, and our community. We will host a brief training session at noon on Tuesday, September 7, in room 122. If you are interested in participating and plan to attend the session, e-mail Dani Weatherford at If you are not able to attend the meeting, stop by the Admissions Office in room 230, and pick up some materials.

Scheduling Events

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!

Audio-Video Services

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.


The Indiana Law Annotated (ILA) is published every Monday while school is in session with news about the coming week. Information and articles for the ILA should be submitted to by Friday at 3 p.m. for inclusion in Monday's edition.

If you have questions about an item appearing in the ILA, please contact Lesa Petersen (e-mail:; phone: 856-4044). To view past issues, visit