Indiana Law Annotated Vol. 31 No. 10 (November 6, 2006)

Table of Contents


A film titled "Quiet Revolution" will be shown at noon on Monday, Nov. 6, in the Moot Court Room. Afterward, Professor Dawn Johnsen, who is in the film, will lead a discussion on important national and constitutional issues.

Three public events associated with the ongoing conference "Towards Constitutional Democracy in Burma" will be held this week. They include "Women's Struggle for Equality in Burma," which will be held from noon to 1 p.m. on Tuesday, Nov. 7, in room 122; "When Justice Becomes a Crime: Practicing Law Under a Military Regime," from noon to 1 p.m. on Wednesday, Nov. 8, in room 122; and "How Does the Drafting of a Constitution Make a Difference? A Comparison of the Constitutional Processes in Burma," from 4 p.m. to 6 p.m. on Wednesday, Nov. 8, in the Moot Court Room.

R. Sekar, professor of computer science and director of the Secure Systems Laboratory at Stony Brook University, serves as the featured presenter for the Center for Applied Cybersecurity Research (CACR) Speaker Series from noon to 1 p.m. on Thursday, Nov. 9, in the Faculty Conference Room. His talk is titled "Automated Software Vulnerability Remediation and Immunization."


Rescheduled Showing of 'Quiet Revolution'

The American Constitution Society has rescheduled our showing of the 22-minute documentary "Quiet Revolution" at noon in the Moot Court Room. Produced by the Alliance for Justice, the film discusses the Supreme Court's conservative evolution and features Senator Barack Obama, Professor Cass Sunstein, Dean Harold Koh, and our own Professor Dawn Johnsen. Following the film, Professor Johnsen will lead a discussion of the important national and constitutional issues presented. Please join us!

PDP Membership Meeting

Phi Delta Phi International Legal Fraternity will have a general membership meeting at noon in Room 124. All members are asked to attend, and any students interested in joining are welcome as well.

1L Academic Enhancement Session

Time to take a deep breath and strategize for exams! The first of the November 1L Academic Enhancement Sessions is at 4:30 p.m. in room 122 with Libby Lewis and Katie McCauley Molter facilitating. Other November workgroup dates and times will be posted at:

Also, if you would like to talk to one of the Student Affairs Fellows individually, their contact info can be found by following the link at (contact your PGA or Susan Kerns if you have misplaced your username and password).

ILS Hosts Dual-Degree Promotional Night

The International Law Society (ILS) hosts the First Annual Dual-Degree Promotional Night from 7 p.m. to 9 p.m. at the Scholar's Inn Gourmet Caf‚ and Winebar. Dual-degree, MA, and PhD students from all over the university will attend to converse and share with students their advanced degree experiences. The event will include the outstanding culinary treats of Scholar's Inn, as well as a wide selection of international beers. The event is open to ILS members and invitees only.


Women's Struggle for Equality in Burma

As part of the conference titled "Towards Constitutional Democracy in Burma," a program titled "Women's Struggle for Equality in Burma" will be held from noon to 1 p.m. in room 122. The event will feature a discussion of gender issues in Burma under military rule. Presenters include Ying Lao and Thin Thin Aung, members of the Federal Constitution Drafting Coordinating Committee and the Women's League of Burma. There will be free pizza.

IPA, ILS Co-host Event

The Intellectual Property Association (IPA) and International Law Society (ILS) are co- hosting an event at noon in room 120. Professor Marshall Leaffer will speak about issues regarding the copyrighting of databases. In particular, he will address the impact of the European Database Directive and its direct conflicts with the more stringent U.S. standard will be discussed. Lunch will be provided.

Election Night Party

Beginning at 8 p.m. in the Student Lounge, The American Constitution Society (ACS) will be providing free food and beer as we anxiously await, debate, and, hopefully, celebrate the election returns. Please join us for what promises to be an intense and suspenseful evening!


SELS Speaker Panel

The Indiana University Sports and Entertainment Law Society (SELS) speaker panel and fund raising event at noon. Check the bulletin board in front of the library or ask an SELS member for room information.

Attorney for Supreme Court Civil Rights Case To Speak

Attorney Teddy Gordon will speak to students from noon to 1 p.m. in room 124. Gordon is arguing before the Supreme Court on Dec. 4 in a civil rights case, Meredith v. Johnson County Board of Education.

1L Large Firm Presentation

There will be a Large Firm presentation from noon to 1 p.m. in room 123 for 1Ls.

Burma Conference Programs

As part of the conference titled "Towards Constitutional Democracy in Burma," two public events will be held at the Law School. "When Justice Becomes a Crime: Practicing Law Under a Military Regime" will be held from noon to 1 p.m. in room 122. The event features a discussion of the personal experiences of a prominent Burmese Lawyer. The presenter, Khun Sa, is a member of the Federal Constitution Drafting Coordinating Committee and chair of the Kachin State Constitution Committee. There will be free pizza.

"How Does the Drafting of a Constitution Make a Difference? A Comparison of the Constitutional Processes in Burma" will be held from 4 p.m. to 6 p.m. in the Moot Court Room. Panelists include Lian Sakhong, co-chair of the Federal Constitution Drafting Coordinating Committee and chair of the Ethnic Nationalities Council; U Thein Oo, co-chair of the Federal Constitution Drafting Coordinating Committee and elected member of the Parliament from Mandalay; Khun Okker, member of the Federal Constitution Drafting Coordinating Committee and of the Shan State Constitution Drafting Committee; and Professor David C. Williams, director of the Center for Constitutional Democracy in Plural Societies. More information on the conference is available at

Marriage Gender Roles Discussed

Married? Plan on being married some day? Marriage and gender roles within that relationship affect us all in more ways than you might expect. No matter how traditional or liberal your views on the subject, come hear Professor Aviva Orenstein discuss some of the many gender issues involved with marriage at 4:30 p.m. in room 122. Good appetizers and beverages will be served.


CACR Speaker Series: R. Sekar

The Center for Applied Cybersecurity Research (CACR) Speaker Series features R. Sekar, professor of computer science and director of the Secure Systems Laboratory at Stony Brook University, from noon to 1 p.m. in the Faculty Conference Room. His talk is titled "Automated Software Vulnerability Remediation and Immunization." He will discuss how software flaws are the culprit behind the vast majority of security vulnerabilities being reported today. Despite the efforts made by vendors to address these flaws, the number of vulnerabilities in popular software continues to increase from one year to the next. The emergence of a profitable marketplace for malware and botnets has transformed the threat of "zero-day attacks" from an academic interest into an urgent problem facing system administrators everyday. Sekar will present a promising new technique called taint-enhanced policy enforcement to address this problem.

SELS Bowling

Take a break from studying and come bowl with the IU Sports and Entertainment Law Society (SELS) from 7 p.m. to 9 p.m. For just $9, you get shoes and two games of bowling at Suburban Lanes. Proceeds from this event will go to fund SELS and provide scholarships for students attending sports and entertainment law-related events.


General Job Search Strategies

General job search strategies will be presented from noon to 1 p.m. in room 125 for 1Ls.


BLSA Gong Show Sign-ups

The Black Law Student Association (BLSA) will host the Gong Show on Friday, Nov. 17. Those interested in performing should e-mail Phyllisia Gant at or sign up on the board outside the BLSA office.


Professor Fred Aman is presenting a paper in a conference at Osgoode Hall in Toronto on Nov. 8 and 9. The conference deals with privatization, contracting out and the likelihood of the return of Lochner v New York. Over Thanksgiving, he will also be co-teaching a course in Paris on the history of American Regulation. His book, The Democracy Deficit ,was recently reviewed in the Journal of Legal Education --vol. 55 , issue 4 and another review recently appeared in World Trade Law.

Professor Pat Baude's article, "State Constitutions," was published in October in The American Midwest: An Interpretive Encyclopedia (Indiana University Press 2006).

Professor Jeannine Bell's book, Police and Policing Law, was recently published by Ashgate.

Professor Craig Bradley recently published "Anti-Racketeering Legislation in America," 54 American Journal of Comparative Law 671 (Fall 2006) based on a presentation at the International Comparative Law Society meeting in Utrecht, Holland, in July.

Professor Kevin Brown delivered the Constitutional Day Speech at California Polytechnical Institute in San Obispo, Calif., on Nov. 2, titled "The Re-Examination of Brown v. Board of Education From the Perspective of the Post-Desegregation Era." He spoke on two panels at the Wiley A. Branton Issues Symposium, Part II, sponsored by the National Bar Association in Little Rock, Ark., on Nov. 3. The first panel was titled "The Dream of Defending Brown "High Stakes Testing, Resegregation, and the Disenfranchisement of Black Students in K-12 Schools." On Nov. 4, the second panel, "What Are Solutions?"Pipeline II: Colleges and Law Schools: The Future of Minority Admissions: Diversity, Discrimination and the Search for a New Paradigm of Inclusion," explored the competing strategies for addressing the potential resegregation of America's law schools as a result of attacks on affirmative action and the misuse of the LSAT.

Professor Kevin Collins presented the paper "Propertizing Thought" at the meeting of the Association for Politics and the Life Sciences in Bloomington on Oct. 25.

Professor Ken Dau-Schmidt presented his paper, "'The Pride of Indiana': An Empirical Study of the Law School Experience and Careers of Indiana University School of Law Bloomington Alumni," at the Conference on Empirical Legal Studies at the University of Texas School of Law in Austin on Oct. 27. A copy of the article can be downloaded at:

Professor Joshua Fairfield presented "Dragon Kill Points: A Summary Whitepaper," co-authored with Ted Castronova, IU Department of Telecommunications, given at the Posner Rational Choice luncheon at the University of Chicago on Oct. 17.

Professor Charles Geyh wrote a book review of The Judge in a Democracy, TRIAL 70 (October 2006). He was a panel presenter at the California Summit of Judicial Leaders on Judicial Election Reform in San Francisco on Nov. 2. He will present "The Centennial of Roscoe Pound's Address to the American Bar Association" at a symposium at South Texas School of Law in Houston on Nov. 9. He is also giving two presentations at the ABA Appellate Judges and Staff Attorneys Conference in Dallas: "Ethical Crossings for Appellate Judges and Staff Attorneys" on Nov. 9, and "The History of Judicial Independence" on Nov. 10.

Professor Sarah Jane Hughes was a featured speaker at the IT.CAN Association's 10th Annual Conference on IT Law developments in Toronto on Oct. 27. Her talk covered comparative features of electronic payments law in the U.S. and Canada, with particular emphasis on stored-value or prepaid cards, and on gift cards and payroll cards in specific.

On Thursday, Oct. 26, Professor Leandra Lederman presented a work-in-progress at Minnesota Law School. The paper she presented is titled "Making the U.S. Tax Court More Judicial."


Renovation Update

Demolition work will continue on the second floor mostly on the east side (library side). The work will include some floor grinding, which will be somewhat noisy. Electrical demolition will continue, so the clocks may still be a little wacky in the beginning of the week.

During this week, they will also begin the demolition of the library office stairwell. This is going to be noisy, but, hopefully, it will not affect too many people because of the location. The computer room and library offices are closest to the disruption. This work will take about two weeks to complete. The contractor will try to concentrate the noisiest work early in the morning before classes, but there will be some noise beyond that time.

On Tuesday, Nov. 7, there will be short heating shutdowns on the second floor as they tie off some of the heating lines. This should only be intermittent so you may not notice it.

Continue to avoid the student entrance during this time as materials will be transported out of the building with a forklift.

Thanks for your patience.

Resume Reviews

Reminder to 1Ls: Career Services will have walk-ins for resume reviews from 9 a.m. to 4 p.m., Nov. 6 through 10.

Discount for BAR/BRI Extended

The $100 discount for the BAR/BRI bar review course has been extended until Nov. 15. If you sign up now, you will get two books of outlines one for your first year courses, one for upper year courses. You will also be eligible for the free MPRE review course. If you miss the deadline, the price will only go up. By signing up before Nov. 15, you will lock in at today's rate with an additional $100 discount. If you can't currently afford the course, you only have to put down a deposit $100 for Indiana, $175 for all other states. The rest will be billed in April of your 3L year. If you don't know what state in which you are taking the bar, you can change your course location or state exam at any time prior to the course. 1Ls should sign up to save money and to get the outlines. BAR/BRI reps are only tabling until Nov. 15 this fall. If you have any questions about BAR/BRI, please stop by the table during lunch time Monday through Thursday or write Lisa at

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