Indiana Law Annotated Vol. 33 No. 1 (September 3, 2007)

Table of Contents


Welcome back Indiana Law students!

And a particular welcome to our entering students. The JD class of 2010 and our incoming international graduate students continue Indiana Law's tradition of a first-year class with superior academic credentials. Your new JD classmates hail from 34 states, the District of Columbia, and British Columbia; 20 possess advanced degrees in areas as diverse as molecular and cellular pharmacology, international relations, and Slavic studies. Ranging from age 20 to 53, members of this class have studied, taught, or served professionally in more than 50 countries.

An impressive group of international graduate students also began the Indiana Law journey. For 2007 08, we also welcome more than 70 students from Iraq, Uzbekistan, and Mongolia as well as Africa, Latin America, Saudi Arabia, Europe, and from our partner schools in China, Thailand, Korea, and Taiwan.

As you can see, the building remodeling was largely finished over the summer. We now have a new classroom and third seminar room on the second floor, and have expanded the space in our old seminar rooms. We also have new offices for the Global Journal, Admissions, and International Programs, as well as a suite of new faculty offices on the third floor.

We have a number of exciting speakers and events this semester as well. Watch the ILA for announcements on this score.


Student Bar Association Call-out

SBA will hold a call out and informational meeting for all 1L and LLM students

interested in running for a position as an SBA Representative for 2007 08. The meeting is today, Monday, Sept. 3, at 5:30 p.m. in the Student Lounge. For more information about SBA visit:


Tour Guide Volunteers Needed!

As an Indiana Law student, you have the opportunity to play a significant role in the Law School's recruiting efforts for the Class of 2011. If you are interested in sharing your Law School experiences with prospective students during their visits, please plan to attend Tour Guide Training at noon on Tuesday, Sept. 4, in room 124. This meeting will explain the Law School's Tour Guide Program and allow you the opportunity to sign up for a weekly class/tour assignment. Lunch will be provided. If you are unable to attend the meeting but want to participate in the program, contact Dani Weatherford, director of recruitment, at


WLC Etiquette Dinner and Reception

Find out the answer to your trickiest lunch interview dilemmas at the Law School's annual Etiquette Dinner and faculty reception, hosted by Women's Law Caucus and the Career Services Office. For $25 (cash or check payable to the Women's Law Caucus), you'll get a five-course meal, invaluable instruction from etiquette teacher Joe Boes, and, even more importantly, a little peace of mind for your next interview.

Pre-dinner reception begins at 5 p.m. Arrive at 6:15 p.m. sharp at the Indiana Memorial Union Federal Room for the Annual Etiquette Dinner. Business casual attire is appropriate for this fancy meal.

Space is limited, so be sure to stop by for your ticket at the Women's Law Caucus table during the lunch hour. Email Tina Clark ( with questions.


LLSA Hosts First Meeting

The Latino Law Student Association (LLSA) will host its first meeting at noon (room TBA). We will be having a speaker regarding a community outreach project, some discussions on our fundraising events, our dues, and other interesting ideas. Lunch will be provided. Come join and learn about the Latino culture!



Professor Jody Madeira, previously a Climenko Fellow and Harvard Lecturer in Law, has published on topics including: the role of emotions in tort law; the constitutional rights of transgendered individuals; the possibility of regarding execution as ritual sacrifice; and the social construction of victims' families by the news media in the context of capital punishment. She recently earned her Ph.D. from the University of Pennsylvania, where her dissertation was based on original ethnographic research with Oklahoma City bombing survivors to ascertain the impact of the 2001 execution of Timothy McVeigh. She will be teaching Torts, an advanced course in Family Law, and a seminar on the Death Penalty. She is on leave for the fall semester, but will join us in the spring semester.

Professor Robert Parrish joins the Indiana Law faculty teaching in the first-year Legal Research and Writing Program. He earned his JD in 2004 from the University of North Carolina at Chapel Hill where he served as articles editor for the North Carolina Law Review. From 2004 06, he worked as a law clerk for Indiana Supreme Court Justice Frank Sullivan Jr. He then was an associate attorney at Bose McKinney & Evans LLP, in Indianapolis from 2006 07. His work as a practitioner was concerned primarily with commercial litigation issues. In addition to his legal work, he has experience as an oral historian and archivist with the Center for Documentary Studies' Behind the Veil project.

Professor Timothy Waters will teach The Legal Profession, International Criminal Law, and a Seminar in Comparative Law: Islamic Law. He served as a visiting faculty member at the University of Mississippi School of Law, Boston University School of Law, and Central European University in Budapest before joining Indiana. His extensive and widely-published research includes public international law, human rights, transitional justice, ethnic conflict, comparative law, and European and Islamic law issues. His articles have appeared in leading international law, political science, and area studies journals, including Yale, Harvard, Virginia, and New York University. He has lectured in the United States, Europe, Iran, and Israel, and his recent op-eds on Iraq, the Balkans, and international justice appeared in the New York Times, International Herald Tribune, and Christian Science Monitor.

Visiting Faculty

Feisal Istrabadi, JD'88, is a Visiting Professor of Law. The principal drafter of Iraq's interim constitution will teach courses on transitional justice in Iraq and on the trial of former Iraqi President Saddam Hussein. His visit also includes appointments with the IU School of Public and Environmental Affairs and the Center for Global Change and World Peace. Istrabadi is the Deputy Permanent Representative of Iraq to the United Nations in New York with the rank of Ambassador Extraordinary and Plenipotentiary. In many capacities, he has been instrumental in the development of a sovereign Iraqi government

Cindy M. Lott is a Visiting Clinical Associate Professor for this academic year to develop a possible new clinic in non-profits. Her current private practice focuses on legal strategy for national advocacy groups and nonprofit organizations, particularly with respect to attorney general and state policy issues. In 2006 and 2007, she has been a Lecturer in Law at Columbia Law School co-teaching an advanced research seminar on state attorneys general. Lott is admitted to practice in Indiana, District of Columbia and Massachusetts.

Adjunct Faculty

Quentin Cantrell, JD'00, Woodard, Emhardt, Moriarty, McNett & Henry LLP, will teach Patent Law.

James Carr, JD'75, Baker & Daniels LLP, will teach Advanced Bankruptcy.

Jonathan Faber, Sommer Barnard PC, will teach Intellectual Property Licensing.

The Honorable Basil Lorch III, JD'74, Chief Bankruptcy Judge, Southern District of Indiana, will teach Advanced Bankruptcy.

Professor Kenneth Richards, IU School of Public and Environmental Affairs, will teach a seminar in Energy Law and Policy.

Professor Victor Streib, JD'70, Professor of Law at Ohio Northern University and an attorney specializing in violent crime and the death penalty, will teach a seminar in Criminal Law: Juvenile Law.

Daniel Zeft, JD'93, an attorney at law specializing in immigration and nationality law, will teach an Immigration Practicum.

Professional Staff

Caroline Dowd-Higgins joins the Law School as Director of the Career Services Office. She previously worked at the Career Development Center at the College, where she was Associate Director for Employer Development and Faculty Relations. She is a graduate of Indiana's Jacobs School of Music, with both bachelor's and master's degrees in voice.

Catherine Matthews, JD'06, is the new Director of Student Services. She succeeds Susan Kerns, JD'01, in the position. Matthews previously worked as a program consultant for the Law School's Office of Student Affairs and as a practicing attorney for Indiana University's Office of General Counsel.

Archana Sridhar is the new Assistant Dean for Research and Special Projects. In that capacity, she will be working on grants to support faculty research, centers, and other initiatives. Sridhar is a Harvard Law School graduate who has just returned from a U.S. Student Fulbright Fellowship in Guatemala. Prior to her Fulbright, Archana was senior director of corporate and foundation relations for a nonprofit, and before that an associate in tax with Sullivan & Worcester in Boston.


Professor Amy Applegate served as a working group leader at the Clinical Legal Education Association 2007 New Clinicians Conference in New Orleans on May 2 3. The conference helps train new clinicians and is held periodically in conjunction with the AALS annual clinical conference. She is currently serving on the executive committee of the AALS Clinical Legal Education Section and co-chairing the AALS Clinical Legal Education Section's Membership and Outreach Committee. In addition, she was awarded a faculty fellowship for training in advanced family mediation skills at Pepperdine's Institute for Dispute Resolution on June 21 23.

Professor John Applegate gave a presentation, "Prevention and Precaution, TSCA and REACH," at a workshop of the leading US experts on chemical regulation. The European Union Center of Excellence at the University of Pittsburgh sponsored the June 8 meeting. In June, Applegate presented a paper comparing U.S. and European chemical regulation at a conference at the University of Pittsburgh. The conference, "REACH A New EU Approach to Chemical Safety: Lessons for the United States?", was sponsored by the University of Pittsburgh School of Public Health and European Union Center of Excellence/European Studies Center, and included participants from the U.S., Canada, and Europe.

Professor Jeannine Bell served as a faculty member for the Indiana Graduate Program for Judges June 3 8, where she taught a course on Law and Society. Her paper, titled "Policing Neighborhood Boundaries: Violence, Racial Exclusion, and the Persistence of Segregation," was recently listed on SSRN's Top Ten download list for "CL: Criminal Offenses & Defenses (Topic)" and "LSPLDL: Hate Crimes & Penalty Enhancement Legislation (Topic)."

Professor Hannah Buxbaum presented "Mandatory Rules in Civil Litigation" at a Columbia Law School colloquium on mandatory law in arbitration. She also gave a paper on "Promoting the Private Enforcement of Regulatory Law" at a conference on access to justice sponsored by the Bayer Foundation for German and International Business Law, held in Leverkusen, Germany.

Professor Fred H. Cate spent much of the summer on the road. He testified on "Security Breaches and Identity Fraud" before the Senate Committee on Banking, Housing, and Urban Affairs, and gave papers on: "The Role of Government in Assuring Accountability" at the Chinese Academy of Social Science in Beijing; "Consumer Protection and Privacy" at Tsinghua University Law School also in Beijing; and "The Autonomy Trap" at the Harvard Privacy Symposium in Cambridge, Mass.; "Protecting Privacy and Security" at the American Bar Association Annual Meeting in San Francisco, among others. He also participated in Microsoft Trustworthy Computing Academic Advisory Board meeting in Redmond, Wash.

Back home in Indiana, he: chaired the search and screen committee for Indiana University Provost; ended his two-year term as the faculty member on the Indiana Commission for Higher Education; and participated in drafting the final report of the National Academy of Sciences Committee on Technical and Privacy Dimensions of Information for Terrorism Prevention.


Herring Arrives as George P. Smith, II Distinguished Visiting Professor Chair

University of Oxford Professor Jonathan Herring will hold Indiana Law's George P. Smith, II Distinguished Visiting Professorship Chair from Aug. 25 through Sept. 15. A public lecture, "Entering the Fog: On the Borderlines of Mental Capacity," is at noon on Wednesday, Sept. 12, in the Moot Court Room. A reception will follow in the Faculty Lounge.

Distinguished in his field, Herring served as a Fellow in Law and Director of Studies at New Hall, Cambridge, and a Lecturer in Law at Christ Church, Oxford. He is presently a Fellow at Exeter College where he has been since 1999.

Herring's widely published research addresses criminal, family, and medical law issues. He is the author of leading texts in family and medical law, and his research in these areas covers hot-button topics including the regulation of pregnancy and enforced medical treatment; the medical and legal definition of sex; issues surrounding human cloning; and the intersections of family law and human rights. His criminal law work focuses on issues such as mistaken consent to sexual relations, crimes against corpses, and failures of parents to protect children from death.

Public International Law Expert Sands to Deliver Harris Lecture

Philippe Sands, professor of law at University College London and director of the Centre on International Courts and Tribunals in the Faculty, serves as Indiana Law's 2007 Addison C. Harris Lecturer. Join us for a public lecture, "Poodles and Bulldogs: the US, Britain and the International Rule of Law," at noon on Monday, Sept. 24, in the Moot Court Room. A reception will follow in the Faculty Lounge.

Sands' expertise is in public international law. In London, he is a key member of staff in the Centre for Law and the Environment and co-director of the Project on International Courts and Tribunals and a Risk Assessment and Biotechnology project in conjunction with New York University School of Law.

A practicing barrister, Sands has extensive experience litigating cases before the International Court of Justice, the International Tribunal for the Law of the Sea, the International Center for the Settlement of Investment Disputes, and the European Court of Justice. He frequently advises governments, international organizations, NGOs, and the private sector on aspects of international law. In 2003, he was appointed a Queen's Counsel.

He is the author of Lawless World, which addresses the Pinochet case; the creation of the International Criminal Court; U.S. abandonment of the Kyoto Protocol on global warming; the U.S.'s selectively multilateralist policy in relation to global free trade; and Guantanamo, Iraq, and Abu Ghraib.

Recognizing Student Pro Bono Service

A reception to launch the annual student Pro Bono Awards will take place on Thursday, Sept. 27, from 4 p.m. to 6 p.m. in the third floor Faculty Lounge. We will honor third-year students Alissa Cohen, Alex Kornya, Julie Miller, and Chloe Pullman, who reported the highest number of pro bono hours during academic year 2006-07, our pilot year. The awards will be presented by special guest Carl Pebworth, a partner of Baker & Daniels LLP. Baker & Daniels generously sponsors this event and the award. Look for more information soon!

Annual Oliver Winery Auction Sept. 27

The annual Oliver Winery silent auction fundraiser is on Thursday, Sept. 27, from 7 p.m. to 10 p.m. Music, great deals, and wine are included in the ticket price. Tickets, which are $15 for non-members and $10 for members, are available during the lunch hour and from your friends in Environmental Law Society. Membership dues can be paid at the same time as ticket purchase and are $10 for the year.

Space is limited. For any questions, please contact Jay Heeter at


Renovation Update

Well, the renovation is substantially complete! That term is the construction business' way of saying that only odds and ends are left. There are a few spots that need touched up paint, a couple of doors that need to be replaced, some wiring that still is not quite finished and a couple of other things. The furniture for the renovated spaces is still coming in. It was delayed for a variety of uninteresting reasons but hopefully the last of it will be here soon. We are also picking out some art for the walls, and getting some signs added.

Overall, we are very happy with the results, and we hope you are as well a great new classroom, four new or renovated seminar rooms, nice digs for the Admissions, International Programs, and Communications and Marketing Offices, several new faculty offices, a great new Rare Book and Archives Room, and lots more. In the library, we added some much needed lighting and electrical outlets, more carrels and tables in the stacks, and some soft seating on the second floor. All in all it has been a great improvement with lots of benefits for everyone.

For those of you wondering about the bike racks on the northwest side of the building, they should be returned soon.

Thank you all for your patience throughout the process. I hope you can hang on for the little bit that is left. Contact Colleen Pauwels ( know if you have questions or concerns.

Seeking Nonprofit Clinic Student Interns

Two students are needed for help in developing a student legal clinic focusing on counsel for non-profit entities. Students will be directed by visiting clinical professor Cindy M. Lott and will meet approximately once a week; students will each earn two credits for the fall development semester. Students with good research and writing capabilities as well as a dose of initiative are sought. If interested, please submit a short statement of interest, relevant background and fall semester availability to

Research Assistants Needed

Professor Amy G. Applegate is looking for a research assistant in the fall 2007 semester to help her prepare for a presentation on Women in the Legal Academy at the AALS Conference in January 2008. The research assistant may also be asked do some limited research in the family law and mediation areas. Qualifications for this research assistant include (1) strong research skills, (2) good work ethic, including reliability, and (3) expertise in power point presentations. Interested students should e-mail Professor Applegate at

Professor John Applegate is seeking a research assistant for the fall semester to assist him with an environmental law project. Please e-mail him with a brief cover letter describing relevant background and interest, attaching your resume.

Professor Fred H. Cate is looking for two research assistants to assist with a book on government use of personal data and other projects related to information privacy and security. If interested, please send a resume and transcript to

Professor Sophia Goodman is seeking to hire a research assistant for the fall semester. Applicants must have excellent research skills and be able to begin work immediately. Applicants must also have completed B542 and B543 (LRW I and II). If interested, please drop off a resume in hard copy in Goodman's mailbox in the mailroom on the second floor of the main building.

2L Named to Leadership Post in Indiana ABA Division

Jonathan E. Rinehart, 2L, has been named as the Lt. Governor of Indiana for the ABA's Law School Division 7th Circuit. He is tasked to help increase membership and promote the organization within the 7th Circuit as well as act as a liaison between the Division and the four Indiana law schools. Visit the ABA 7th Circuit Web site: for more information.

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