Indiana Law Annotated Vol. 31 No. 8 (October 23, 2006)

Table of Contents


The Indiana Court of Appeals will hear arguments in the case of Hartford Casualty Insurance Company v. Evansville Vanderburgh Public Library on Tuesday, Oct. 24 from noon to 1 p.m. in the Moot Court Room. The event is open to the public.

Come out to cheer on players in the Fourth Annual JD/LLM Socctoberfest, held from 4:30 p.m. to 6:30 p.m. this Friday, Oct. 27, at Karst Farm Park (Fields 1 and 2) on the west side of Bloomington. Following the games, enjoy a cookout in the area adjacent to the soccer fields. Participants fellow students, and families are all welcome to attend.


Federalist Society Presents Ralph Rossum

Professor Ralph Rossum discusses his new book, Antonin Scalia's Jurisprudence: Text and Tradition, at noon today in the Moot Court Room. Rossum, of Claremont McKenna College, was appointed by Secretary of Education Rod Paige as a member of the National Board of the Fund for the Improvement of Post-Secondary Education in the U.S. Department of Education. He also serves as chairman of the Council of Scholars and a member of the Board of Trustees of the American Academy of Liberal Education. Professor Dan Conkle will provide introductory remarks. Food and drinks will be provided.

Department of Labor Application Process Workshop

Judge Alice Craft, JD'73, an administrative law judge with the Department of Labor, will discuss the application process for law clerk positions from noon to 1 p.m. in room 122.

1L Academic Enhancement Session

Avoid end-of-semester cramming and explore strategies for organizing and synthesizing your learning now! The final October 1L Academic Enhancement Session is today at 4:30 p.m. in room 214, with Libby Lewis and Katie McCauley Molter facilitating.


Hear an Indiana Court of Appeals Argument

The Indiana Court of Appeals will hear the case of Hartford Casualty Insurance Company v. Evansville Vanderburgh Public Library from noon to 1 p.m. in the Moot Court Room. The case centers on issues of contract law, asking the question: is the library entitled to insurance coverage under its all-risk policy with Hartford Casualty Insurance for damages sustained to a building during the construction of its adjacent new central library? Judges include Hon. Margret G. Robb, presiding, Hon. Paul D. Mathias, JD'79, and Hon. Michael P. Barnes. Indiana Law alumni Thomas H. Bryan, JD'69, represents the appellant, and Steve Barber, JD'74, argues for the appellee. The event is open to the public.

Sports and Entertainment Law Society Speakers Panel

The IU Sports and Entertainment Law Society will be holding it's first speakers panel at noon in room 122. Guest speakers include Chris Reynolds and Jennifer Brinegar from the IU Athletics Department and Professor Robert Meitus, JD'00, from the law school.

Defense Trial Counsel of Indiana Presentation

Defense Trial Counsel of Indiana will deliver a presentation from 4:30 p.m. 5:30 p.m. in Room 124. Please sign up in Career Services or on EASE.


Indiana Alumni Swear In as Deputy Attorneys General

Julie E. Lang, JD'02, and Denise Walker, JD/MPA'06, will be sworn in as Indiana Deputy Attorneys General in the Environmental Enforcement Section of the Attorney General's office. The ceremony, which is open to the public, will be held at 10 a.m. in the Moot Court Room. The Attorney General wanted to hold the ceremony here as recognition of "the role the Law School played in producing these talented individuals who are now serving the State." Congratulations to these fine graduates!

Lunch with a Lawyer: Marisa Ford, JD'85

Lunch with a Lawyer on Wednesday October 25 will focus on prosecuting white collar crime. Marisa Ford, JD'85, of the U.S. Attorney's Office will lead the discussion. It will be held from noon 1 p.m. in the Student Lounge. Sign up in Career Services or on EASE.

Phi Alpha Delta All-Member Meeting

Phi Alpha Delta will hold a meeting for all members on Oct. 25 at 7 p.m. Agenda items include the fashion show, professionalism week, and other upcoming events. We look forward to seeing all members in attendance!


Phi Delta Phi Blood Drive

Don't be fooled, vampires aren't the only people who need blood at this time of year. Help save a life by donating blood to the American Red Cross! On Thursday, Oct. 26, Phi Delta Phi's holds its biannual blood drive in the law school student lounge from 10 am 3 p.m. You can sign-up online at to get priority for your chosen time. After giving, enjoy cookies donated by Buffa Louie's. See you there!

ACS Supreme Court Preview Event

American Constitution Society presents its 2006 Supreme Court Preview Event Oct. 26 from noon 1 p.m. in the Moot Court Room. Professors James A. Barnes, Kevin Brown, Dawn Johnsen, and Julia Lamber will discuss five upcoming oral arguments involving global warming (Commonwealth of Massachusetts v. EPA), affirmative action (Parents Involved in Community Schools v. Seattle School District; Meredith v. Jefferson County Public Schools), punitive damages (Philip Morris USA v. Williams), abortion rights (Gonzales v. Carhart; Gonzales v. Planned Parenthood), and employment discrimination (Ledbetter v. Goodyear Tire & Rubber Co.). Following the case discussion we will Quiet Revolution, a film released last week by the Center for American Progress and the Alliance for Justice, detailing the Court's conservative evolution. The 20-minute documentary, narrated by The West Wing star Bradley Whitford, features Professor Johnsen along with political stand-outs Barak Obama, Harold Koh, Cass Sunstein, and Bruce Ackerman. Visit for a sneak peek. We hope you will join us for this important discussion of current constitutional and national issues.

Phi Alpha Delta Fashion Show!

Do you have a golf outing or cocktail party with your summer employer and want to know what is appropriate to wear? Or what about what to wear to work on a daily basis? What does business causal really mean? Find out at the Phi Alpha Delta Fashion Show at Jake's, Oct. 26th at 7 p.m. Plus, there will be etiquette tips for an interview or the workplace, amazing door prizes, and more. Bring your checkbooks. Models will be auctioned off with date packages such as a spa day, sporting events, dinner/movie, etc. We also have amazing door prizes! Tickets are $5 and available for sale beginning Monday, Oct. 23. A clothing drive will also take place this week. Upon reasonable inspection of clothing, $1 per item donated will be deducted from the ticket price. All clothing and proceeds will be donated to the Shalom Center to help economically disadvantaged individuals obtain proper interview attire and interviewing skills.


Fourth Annual JD/LLM Socctoberfest

Are you ready for some f£tbol? The Fourth Annual JD/LLM Socctoberfest will be held from 4:30 p.m. 6:30 p.m. on Friday, Oct. 27, at Karst Farm Park (Fields 1 and 2) on the west side of Bloomington. This is a co-ed event that welcomes all ability levels. Some 60 co-ed players of all ability levels will battle for the tournament win. A cookout in the area adjacent to the soccer fields will follow the games. Participants, fellow students, and families are all welcome to attend.


SBA Halloween Party

The Student Bar Association's Annual Halloween Party will be held from 8 p.m. to 11:30 p.m. on Saturday, Oct. 28, at Deer Park Manor. Check out for event updates.


Halloween Trick-or-Treat at the Law School and Bryan Hall on Oct. 30

The Older and Wiser Law Students (OWLS) trick-or-treating event for all children of Law School faculty, staff, and students has expanded this year to include children of all graduate and professional students. On Monday, Oct. 30, 2006, from 4 p.m. 5:15 p.m. children and their parents are invited to trick-or-treat through the main Law School building, the Lewis Building, and Bryan Hall. Costumed children should gather with an adult at the front lobby of the Law School beginning at 4 p.m. Trick-or-Treating will last until 5:15 p.m., with light refreshments available in the student lounge. The event concludes with a costume parade through the School. Take advantage of this safe, fun opportunity for Halloween celebration and the chance for kids to see where their moms and dads work or go to school. Law and graduate student volunteers will be on hand, and thanks to the efforts of the GPSO, the IU Police Department has kindly agreed to provide assistance with cross-walk safety across Indiana Avenue. GPSO has also arranged for IMU Catering to provide some very special treats at Bryan Hall. For more information, (including volunteer opportunities) please contact John MacKenzie at


Indiana University President Adam W. Herbert has named John S. Applegate, associate dean and Walter W. Foskett Professor of Law, as the first IU Presidential Fellow. During this prestigious opportunity, Applegate will assist the president with a wide range of projects including the presidential transition process.

Professor Rob Fischman delivered a public lecture entitled "Muscatatuck and the Refuge System" on Oct. 14 to celebrate the 40th anniversary of Muscatatuck National Wildlife Refuge.

Professor Dan Conkle presented a paper, "Three Theories of Substantive Due Process," at the Salmon P. Chase College of Law, Northern Kentucky University.


Bailiffs Still Needed

The School will be transformed this week when 150 Moot Court competitors begin Round 1 of oral arguments. This is always an exciting time of year, and, as a 1L, you can participate as a bailiff! It takes only an hour and a half to learn about appellate advocacy, meet local attorneys and alumni, become more active in student activities, and meet more 2L and 3L friends. If you have not signed up, there is still time! We need bailiffs for several nights of the competition including Thursday, Oct. 26, 8 p.m.; Friday, Oct. 27, at 6 p.m. and 8 p.m.; and Saturday, Oct. 28, at 1 p.m. and 3 p.m. To sign-up for these or other available dates, please fill out the simple form at If you have already signed up, please double-check on the board outside of the Moot Court Office that we have registered you correctly and that you are able to come at that time.

Register to Vote

Visit the table in the lobby this week to register to vote. Anyone who isn't registered already, or who would like to register in Indiana, is encouraged to stop by.

Making a Difference for Children

Would you like to make a difference for a child while also earning invaluable legal experience? Owen County Court Appointed Special Advocates are interested in law students to represent children's best interests in abuse and neglect cases. The program will train and supervise you to represent children in the juvenile court process. Please contact Tina Morris at, or call 812-829-5030.

Join ABA Student Division

Join the ABA Student Division at for great network, leadership, and career opportunities.

SBA Wants Your Books!

2L and 3Ls please donate your books and supplements to the SBA bookstore. Include your name, graduation year, and price. Keep in mind that some books have come out with newer editions.

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