Indiana Law Annotated Vol. 28 No. 11 (March 28, 2005)

Table of Contents


The Law School will be hosting the "Rehnquist Legacy" conference on Friday, April 1, and Saturday, April 2. Professor Craig Bradley, editor and co-author of the forthcoming book The Rehnquist Legacy (Cambridge University Press, 2005), 16 contributing co-authors, and keynote speaker Linda Greenhouse of the New York Times, will come together in the Moot Court Room to offer an assessment of Supreme Court Chief Justice William Rehnquist's legal legacy. For the conference schedule and participant bios, visit


Finding Jobs in Intellectual Property Law

Career Services is hosting a live Web cast from 1 p.m. to 2 p.m. in the Faculty Conference Room on finding jobs in intellectual property law.


SLA Sponsors Mixer

The Student Law Association will sponsor a mixer to provide students the opportunity to chat with faculty about specific courses and course selection/academic planning from 4:15 p.m. to 6 p.m. The mixer will be held in the student lounge. Beer, soda, and snacks will be provided.

Judicial Clerkship Presentation

A judicial clerkship presentation by Chief Judge James Kirsch and Judge Tim Baker will be held from noon to 1 p.m. in the Moot Court Room.

PILF Meeting

PILF will be meeting at noon, location TBA (be on the lookout for the secret signal). On the agenda are Work-A-Day and, likely, a full report on how awesome Singing for Summer Salaries was. Free food will also make an appearance.


Islam and Democracy in Iraq

The American Constitution Society, the Middle Eastern Law Student's Association, and the Union Board are presenting a lecture with Noah Feldman, chief U.S. constitutional advisor to the Iraqi government and assistant professor of law at New York University. Feldman will address the topic of "Islam and Democracy in Iraq" at 7:30 p.m. in the Whittenberger Auditorium of the Indiana Memorial Union. Feldman has appeared extensively on national media outlets and is known for making complex topics accessible and interesting. Applying his expertise in both constitutional and Islamic law to the current political situation in the Middle East, Feldman will discuss the potential for "Islamic democracy" and how Iraq's constitution may come to reflect this synthesis. This free event is co-sponsored by the Office of the Chancellor, the Poynter Center for the Study of Ethics and American Institutions, the Muslim Student Union, the Wells Scholars Program, the Department of Near Eastern Languages and Cultures, and the Department of Political Science.

Second Annual Salsa Party

The Latino Law Student Association invites you to the Second Annual Salsa Party at 9 p.m. at the Ninth Street Bar (formerly "Vertigo"), 107 W. 9th St. Please come join us for a night of dancing and fun! There will be free salsa lessons from 9 p.m. to 10 p.m. There will be prizes for the best male and female salsa outfits among other prizes. Tickets are $5 in advance or $7 at the door. We will be selling tickets in the Law School lobby from 11 a.m. to 1 p.m. up until March 31. Please contact Lucelly Duenas at if you wish to buy tickets in advance or are not a Law School student. You must be 21 or older.


"Rehnquist Legacy" Conference

Professor Craig Bradley, editor and co-author of the forthcoming book The Rehnquist Legacy (Cambridge University Press, 2005), and 16 contributing co-authors, will come together in the Moot Court Room to offer an assessment of Supreme Court Chief Justice William Rehnquist's legal legacy. Linda Greenhouse, New York Times Supreme Court correspondent, will serve as the keynote speaker for the event. The Rehnquist Legacy is the first "legal biography" of a Supreme Court justice. It will present a collection of 17 original essays from leading authorities in constitutional law and criminal procedure assessing Rehnquist's place in the history of diverse areas of constitutional law. Drawing from their essays, the authors will discuss those areas in which Rehnquist's impact has been the greatest and how the law in those areas has developed during Rehnquist's 33-year Supreme Court tenure. For the conference schedule and participant bios, visit

Student Law Association Sponsors Casino Night

The Student Law Association is sponsoring a Law School Casino Night in the student lounge from 7 p.m. to midnight. If you are willing to participate as a dealer for any or all of the time, please reply to Jason Rodocker at for further details.


"Rehnquist Legacy" Conference

The "Rehnquist Legacy" conference will continue in the Moot Court Room. For the conference schedule and participant bios, visit


McKeown Presents on Immigration Law

A mini-symposium on immigration law will be hosted by the Law School's Center for Law, Society, and Culture at 4 p.m. on Monday, April 4, in the Moot Court Room. Adam McKeown from Columbia University will speak about "Asian Migration and the Globalization of Modern Sovereignty, 1880-1910." Commentators will be Professor John Nieto-Phillips, IU History and Latino Studies, and our own Professor John Scanlan. A reception will be held after the talk in the Faculty Lounge.

Fidler to Speak at Meeting on U.N. and Global Security

Americans for Informed Democracy and the Stanley Foundation are hosting a town hall meeting titled "Possibilities for United Nations Reform." The event, which will be held from 2 p.m. to 3:30 p.m. on Tuesday, April 5, in the Whittenberger Auditorium of the Indiana Memorial Union, will feature opening remarks by Bruce Rashkow, director of the U.N. General Legal Division; John Clark, senior fellow at the Sagamore Institute; and our own David Fidler, professor of law and Ira C. Batman Faculty Fellow. The town hall meeting is part of a timely and important new initiative called "Red, White, and Blue Coming Together." After a bitter election season that focused attention on the divisions between "red" and "blue" America, this initiative seeks to begin the healing process by raising awareness about the common ground that exists in a number of key foreign policy areas. More than 100 town halls will take place nationwide to identify common ground on issues as diverse as the U.S. role in Sudan, U.S. policy toward combating global AIDS, and U.S. reconstruction efforts in Iraq. As part of this series, Americans for Informed Democracy and the Stanley Foundation have joined together to host several premier town hall meetings on U.N. reform. This event is also supported by the Indiana University Hutton Honors College and IU's Conversations About Service and Engagement program.

Lee Hamilton to Speak at Law School

Lee Hamilton (JD'56), director of the Center on Congress at Indiana University and director of the Woodrow Wilson International Center for Scholars in Washington, D.C., will talk about his latest book, How Congress Works and Why You Should Care, at 2 p.m. on Tuesday, April 5, in the Moot Court Room. Hamilton, who is also a Distinguished Citizen Fellow of the Institute for Advanced Study, will present a lecture titled, "How to Use American Power," at noon on Wednesday, April 6, in the Moot Court Room. The lecture is sponsored by the Institute for Advanced Study. Formerly a U.S. representative from Indiana for 34 years, Hamilton served as chair and ranking member of the House Committee on Foreign Affairs and was chair of the Subcommittee on Europe and Middle Eastern Affairs. He also serves as a member of the President's Homeland Security Advisory Council and served as vice-chair of the National Commission on Terrorist Attacks Upon the United States.

Student Receptions

A 2L student reception will be held from 4:30 to 6:30 p.m. on Wednesday, April 6, in the Lilly Library. Hors d'oeuvres and drinks will be served. A 3L student reception will be held from 4:30 p.m. to 6:30 p.m. on Wednesday, April 20, at the IU Art Museum. Hors d'oeuvres and drinks will be served.

Former Bloomington Chancellor Speaking on April 7

Robert M. O'Neil, former Bloomington Chancellor and former president of the universities of Wisconsin and Virginia, will be speaking on "Academic Freedom and Homeland Security" from 4 p.m. to 5:30 p.m. on Thursday, April 7, in the Moot Court Room. O'Neil, director and founder of the Thomas Jefferson Center for the Protection of Free Expression and professor of law at the University of Virginia, is an intellectual advocate and explicator of free speech and has testified at the highest levels on the First Amendment implications of proposed legislation. His talk will address urgent issues of free speech, privacy, censorship, divided loyalties, graduate recruitment, foreign travel, and faculty retention in the post-9/11 academic world. For more information, contact Julie Bobay at 855-7743 or at The event is sponsored by the AAUP IU Bloomington.

Green and Alumnus Baier to Speak at Hall Lecture

Thomas Green, the John P. Dawson Collegiate Professor of Law at the University of Michigan, will give the Hall Lecture at noon on Thursday, April 7, in the Moot Court Room. His talk is titled "Conventional Morality and the Rule of Law: Freedom, Responsibility and the Criminal Trial Jury in American Legal Thought, 1900-1960." Prior to the talk, real estate developer Lowell E. Baier, LLB'64, will speak about the substantial influence of former Law School faculty member Jerome Hall. Baier will also present a bust of Dr. Hall at the event. A reception will be held after the lecture.

Career Services Session with Students

A Career Services session with students will be held from 10 a.m. to noon on Friday, April 8. This session will focus on career service and professional development issues. We plan to have two 50-minute periods in which various topics will be covered by alumni and others. Some sessions may even be conducted during both periods in different rooms. Students then will choose which of the multiple sessions they wish to attend during each period.

Character and Fitness Requirements Informational Talk

Phi Delta Phi will welcome Judge Steven Heimann to the Moot Court Room at noon on Monday, April 11. Heimann is a member of the Indiana Board of Legal Examiners and will be taking questions from students regarding the character and fitness requirements for acceptance to the bar. The questions will be anonymous. Students are encouraged to drop their questions in the envelope marked "Character and Fitness Questions" on the Phi Delta Phi informational bulletin board across from the student lounge. Questions can be submitted until Wednesday, March 30. Pizza will be served at the talk.

"Next Generation of Law School Rankings" Symposium to Be Held April 15

Legal experts will gather at the School of Law for the "Next Generation of Law School Rankings" symposium to be held in the Moot Court Room on April 15. The U.S. News & World Report's annual law school rankings are the 800-pound gorilla of legal education. Although met with varying degrees of skepticism and hostility, the U.S. News rankings affect virtually all aspects of law school operations. A myriad of alternative rankings have emerged in recent years, seeking better and more accurate ways of measuring law school performance. The goal of this symposium is to provide a deeper understanding of rankings and their effects on legal education. The participants in this symposium will examine the need for law school rankings; the effects of rankings on legal education; and the various new approaches to addressing the public's insatiable demand for ever more and increasingly sophisticated rankings, which permeate not only legal education but also all aspects of American life. The conference is made possible through the generous financial support of Foundation Press, Thomson-West Publishing, and the Law School. Papers will be published in a symposium issue of the Indiana Law Journal.


Professor Ajay Mehrotra presented a paper, "Envisioning the Modern American Fiscal State: Progressive-Era Economists and the Intellectual Foundations of the U.S. Income Tax," at Northwestern Law School's Tax Policy Colloquium on March 10.

Professor Fred Cate spoke on "The Failure of Fair Information Practice Principles" at the University of Washington's conference "Is Consumer Protection an Anachronism in the Information Economy?"; on "Data Sharing Risks, Issues, and Realities" at the International Association of Privacy Professionals' National Summit 2005; and on "Information Crisis Management" at the annual Experian Law Conference. Cate was quoted in the Wall Street Journal, NPR's Morning Edition, and the Atlanta Journal-Constitution, and wrote the "opposing view" editorial in USA Today in connection with the recent spate of disclosures about information security breaches.


American Constitution Society Membership Drive

This week, the American Constitution Society (ACS) will be holding its annual membership drive in the lobby from noon to 1 p.m. daily. All students are invited to join this nationally recognized progressive legal organization. Current members who joined last spring are asked to renew their membership this week. Please stop by to become a member and learn more about upcoming ACS events, including this summer's National Convention in Washington, D.C. The ACS is a non-partisan, non-profit educational association dedicated to ensuring that the fundamental principles of human dignity, individual rights and liberties, genuine equality, and access to justice are central in American law.

ELRG Director Position Open

The Environmental Law Research Group (ELRG) has an opening for a director. ELRG provides pro bono environmental research services to local, regional, and national nonprofit environmental organizations, citizen groups, government agencies, and private attorneys involved in pro bono legal work. ELRG's research services are performed by volunteer Indiana University law students. During the summer, the director finishes the projects from the previous year and solicits research projects and supervising attorneys for the coming year. During the school year, the director organizes and supports the research projects. Candidates must be 2Ls or 3Ls. Please submit two copies of a resume, cover letter, and the name of your legal research and writing professor to Dean Leonard Fromm by Friday, April 1. Applicants should also indicate times on April 7 and April 8 when they are available for interviews.

Student Law Association Elections

Elections for next year's SLA representatives are just around the corner. Nominations will be accepted through noon on Monday, March 28. Please look at the following time line:

Mandatory Meeting for Nominees: Wednesday, March 30, noon

Biographies Due: Monday, April 4, noon

Biographies Distributed: April 6

Campaigning: April 6-11

Elections: April 11, 12, 13

Don't hesitate to e-mail your SLA representatives if you have any questions about the responsibilities and commitments of the SLA.

Attention Graduating Students!

Believe it or not, it is time to begin the planning for the graduation display for the lobby. As we have done in the past, we will display a collage of pictures, memorabilia, and clippings from your three years of law school. We have already gathered a few things, but the real source of such items is you. We will return all the items to you following Memorial Day. We would like to include: pictures (students, events, weddings, children) depicting some aspect of your lives while law students; memorabilia, including Law School T-shirts, cups, and posters from events that occurred during the three years; plaques, trophies or awards; and newspaper clippings about you, a fellow 3L, or the Law School (These can be local paper clippings or from your hometown. Be sure to include what newspaper the article is from and the date of the article). Anything that has significance to you, that will fit in the display case, and that is in reasonably good taste can be included. Please get these items to us as soon as possible. Each item must have a completed form attached that includes your name and return address. You can pick up these forms at the Reference Desk or in the Library Office. For pictures, submit the full name of each person in the picture, the event or place where the picture was taken, and the year in which it was taken. All comments or reminiscences must be signed, although we will not necessarily use your name in the display. We reserve the right to omit any item if needed. Give items to the librarians in the reference in the Reference Office or to the assistant to the Law Library director. To ensure that we have all the necessary information to return the items, do not just leave them in the office or at the Circulation Desk.

Announcing the First Annual Law School Mock Trial Tournament

Impress your friends! Gain courtroom experience! Pad your resume! Plan now to participate in the first Law School Mock Trial Tournament to be held from Tuesday, March 29, to Sunday, April 3. The rules are simple. The tournament is open to all 2Ls (3Ls may compete only with special permission from Professor Alex Tanford). Find a partner, and sign up by e-mailing Tanford at with the names of both people. Then, go on to fame and fortune as the next Perry Mason. The rules and case file can be downloaded from

Indiana University Librarian's Association Bloomington Book Sale 2005

Bibliophiles will want to mark their calendars for the Indiana University Librarians Association (InULA) Annual Book Sale on Saturday, April 16, and Sunday, April 17, in the IU Bloomington Main Library, room E174. A $20 fee is required for admittance to the Preview Sale on Saturday, which will be held from 9 a.m. to noon. Admission is free from noon to 5 p.m. on Saturday, and from 11 a.m. to 5 p.m. on Sunday. Most books will be offered for reduced prices on Sunday: half-price from 11 a.m. to 2:30 p.m., and $2 per bag from 3 p.m. to 5 p.m. The sale will close from 2:30 p.m. to 3 p.m. InULA accepts book donations to the sale until Tuesday, April 12. All kinds of books are welcome, as well as journals/magazines, posters, audio cassettes, videos, and CDs. InULA will provide a letter of receipt to donors for tax purposes. Donations to the InULA book sale may be made by contacting Sherri Michaels at 855-9857,, or David Frasier at (Note: Please contact Michaels or Frasier before bringing any donations to the library.) A nonprofit organization, InULA supports professional development and continuing education for librarians and provides scholarships in the field of library and information science. For more information about the InULA Book Sale, contact Michaels or Liz Goldberg at

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, the length of time room will be needed, the classroom requested, and the number of people attending the event. Requests should be sent at least one week before the event and should 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 Thursday at noon for inclusion in Monday's edition. If you have questions about an item appearing in the ILA, please contact Debbie O'Leary (e-mail; phone 855-2426). To view past issues, visit