Indiana Law Annotated Vol. 33 No. 3 (September 17, 2007)

Table of Contents


Indiana Law celebrates Constitution Day on Monday, Sept. 17.

A panel discussion on "The Constitution and National Security" will be held at noon in the Moot Court Room. Professors Pat Baude, Fred H. Cate, and Dawn Johnsen will serve as panelists. Dean Lauren Robel will serve as moderator.


Constitution Day: The Constitution and National Security

The Indiana Law chapter of the American Constitution Society hosts a panel and community discussion with Professors Pat Baude, Fred H. Cate, and Dawn Johnsen. Dean Lauren Robel will moderate the discussion which will be held from noon to 1 p.m. in the Moot Court Room. Lunch will be served.

Baude will introduce the upcoming Supreme Court case Boumediene v. Bush; Cate will introduce the current issues surrounding the Foreign Intelligence Surveillance Act (FISA); and Johnsen will talk on executive power in the context of the "War on Terror," addressing in particular the limitations on executive power imposed by the constitutional separation of powers.

Law and Drama Society Call-out Meeting

The Law and Drama Society will have its first meeting at noon in room 214. Anyone interested in the theater or a way to get their mind off of law school for a while is welcome. No acting experience required.

APALSA Call-Out Meeting

The Asian Pacific American Law Student Association (APALSA) call-out meeting will be held at noon in room 124. Students interested in being a part of the Law School's pan-Asian organization should come to today's meeting. We will be getting to know each other and discussing ideas for the upcoming year. See you there!

International Law Opportunities

If you are interested in or at all curious about International Law opportunities including opportunities abroad, the Career Services Office invites you to attend a presentation by Matt Wilson, Associate Professor of Law, General Counsel, and Associate Dean of Temple University, Japan Campus in Tokyo, from noon to 1 p.m. in room 216. Wilson has more than 15 years professional and legal experience working in and dealing with matters involving Asia and brings this diversity of experience to the topics covered in his presentation, which include: what is international law; what is an international lawyer; things that a law student can do during law school to get involved in transnational or international legal matters; how to effectively utilize study abroad programs during law school; conventional and unique international career opportunities for law students domestically and overseas; and how international experiences translate into networking, client development, and career opportunities in the United States.

Bingham McHale's Second Annual Diversity Open House

2L and 3L students are invited to drop by the law offices of Bingham McHale from 4 p.m. to 6:30 p.m. for an open house. The open house is an additional recruiting tool that complements Bingham McHale's other diversity initiatives. They would like to have a strong showing from Bloomington for this event. To this end, the firm will commit to providing round-trip transportation from IU Bloomington to Bingham McHale provided that a minimum of 10 students commit to attending the event. Please RSVP on Symplicity. Bingham McHale LLP is located at 10 West Market, 2700 Market Tower in Indianapolis. Cocktails and appetizers will be served.

Drop box for resumes will be available. Discuss firm practice areas. Interact with partners and associates. Learn about their recruiting process. Please RSVP to Pam Dove at 317-968-5352 or via email at Dress is business casual.


Sports & Entertainment Law Society Meeting

All are welcome to join the Sports & Entertainment Law Society at our first meeting of the year at noon in room 120. At the meeting we will be discussing this year's speakers and talking about all of the new ventures the group has planned. Lunch will be provided.

BLS Speaker Event

Stephen Burns, JD'68, Chairman and CEO of Wheaton Van Lines, Inc., and the 2006 Ernst & Young Entrepreneur of the Year Award recipient in the Best of Indiana category, serves as the Business Law Society's (BLS) first speaker of the year at noon in the Moot Court Room.

Burns was the company's legal counsel for 20 years before assuming the top leadership role at Wheaton in 1987. Through a number of initiatives including corporate restructuring, a revised management philosophy and establishment of an Employee Stock Ownership Plan, Burns has built Wheaton World Wide Moving into a major player in the moving and storage business. He will be discussing his experiences as in-house counsel, working in the corporate world with a law degree, and how to break into corporate practice, in addition to his experiences as CEO of Wheaton. Please join us. Lunch will be provided.

PDP Hosts Westlaw Training Session

Phi Delta Phi (PDP) is hosting a class preparation training with Westlaw called "You don't need a Gilberts! You have Westlaw!" The class is designed to show law students free resources that will help them prepare for class and final exams. The class will be at noon in room 214. Information will be posted outside the library and also on Food will be provided, but please R.S.V.P. on the Westlaw Web site to ensure that there will be enough food for everyone.

PDP Bowling Night

Phi Delta Phi (PDP) is hosting bowling night at Suburban Lanes on North Walnut for its current members and those who are considering joining PDP. The fun begins at 8 p.m. and there will be a prize for the person who can best guess the number of gutter balls PDP's magistrate will throw. Don't forget to bring socks!


Legal Professions Class

A Legal Professions Class with Professor William D. Henderson will be held from 4 p.m. to 5:30 p.m. For location, contact Career Services. No Lunch with a Lawyer will be held this week due to this class session and the 1L Mixer (information below). Please attend as credit will be awarded for the class as a fitting substitute for traditional events.

1L Mixer

Pop in just after Professor William Henderson's Legal Professions Class for the Indianapolis Bar Association Law Student Division 1L mixer! The IBA would like to welcome all new law students to the start of a new school year! Come meet and enjoy food and drinks with other first-year law students and current student members of the Indianapolis Bar Association to learn what law school is really like from 5:30 p.m. to 7:30 p.m. in the Faculty Lounge (third floor). R.S.V.P. by e-mailing

Lecture: The Art of Brief Writing

The Sherman Minton Moot Court Board hosts Professor Aviva Orenstein's lecture on "The Art of Brief Writing" from 6 p.m. to 7:30 p.m. in the Moot Court Room (Room 123). All 2007 Moot Court competitors are encouraged to attend!


Professor Rob Fischman's new casebook from Foundation Press on Federal Public Land and Resources Law hit the stands this summer. He extends his sincere thanks and apologies to all the students who contributed to and suffered through his early drafts in class last year!

Professor Aviva Orenstein recently organized a conference and wrote the introduction for the Symposium on Children as Witnesses, which was presented at the American Association of Law Schools and will appear in the forthcoming issue of the Indiana Law Journal. She also testified concerning the Indiana Marriage Amendment SJR 7. She lectured about grandparent's rights to the Indiana Mini University and delivered a talk in the "Last Lecture Series" about the role of denial in law.

Professor Jeff Stake presented a paper on just compensation to the annual meeting of the Gruter Institute for Law and Behavioral Research.

In May, Professor Carwina Weng co-facilitated a workshop at the AALS Clinical Legal Education conference in New Orleans. The workshop was titled "What We don't Talk about when We Talk about Race: Identifying and Testing our own Assumptions." Participants engaged in an experiential session that involved exercises to develop cultural self-identity and different ways to recognize, raise, and discuss race issues in clinical law practice and teaching.


SBA Golf Tournament

The Student Bar Association (SBA) will be tabling from Monday, Sept. 17 to Wednesday, Sept. 19, for sign-ups for the 2007 SBA Golf Tournament! The tournament takes place on Sunday, Sept. 23, at Eagle Point Golf Course with tee times beginning at 1pm. The cost is $30 per person. You may sign up as an individual or in teams of four or less.

9/24: Public International Law Expert Delivers 2007 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.

He is also 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.

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.

Recognizing Student Pro Bono Service

A ceremony and reception to launch the annual student Pro Bono Awards will take place Thursday, Sept. 27, from 4 p.m. to 6 p.m. in the third floor Faculty Lounge. Sarah Boshears, JD'07, and Rachel Clark, JD'07, will receive the inaugural Pro Bono Award. Current students Alissa Cohen, Alex Kornya, Julie Miller, and Chloe Pullman, who reported the highest number of pro bono hours during academic year 2006-07, will also be recognized. Special guest Carl Pebworth, a partner of Baker & Daniels LLP, will present the awards. Baker & Daniels generously sponsors this event and the award.

Annual Oliver Winery Auction Sept. 27

The annual Oliver Winery silent auction fundraiser is Thursday, Sept. 27, from 7 p.m. to 9:30 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

Paths to Democracy: An International Conversation about Constitutional Stories

During this conference, hosted jointly by Indiana Law's Center for Constitutional Democracy in Plural Societies and the IU Center for the Study of Global Change, distinguished constitutionalists representing six countries (Spain, South Africa, Burma, Liberia, Mexico, and Kyrgyzstan) come together to consider the dynamic processes of constitutional narrative.

Join us on Thursday, Sept. 27, from 10:30 a.m. to noon in the Moot Court Room for a public event following an initial day of constitutional storytelling. Conference participants will discuss the divergent national narratives as well as common themes across the constitutional stories. The audience will be invited to ask questions or offer comments on the presentations.

Are You Ready for Some f£tbol?

The Fifth Annual JD/LLM Socctoberfest will be held from 4:30 p.m. to 6:30 p.m., Sept. 28, at Karst Farm Park (Fields 1 and 2) on the west side of Bloomington. It is a co-ed event that welcomes all ability levels. There will be a cookout following the games in the area adjacent to the soccer fields. Participants, fellow students, and family are all welcome to attend. Those interested in playing or organizing the event should contact Professor Bill 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 have a modicum of athletic ability but no special skill at soccer; d) I enjoy kicking things. The Web site ( will be updated soon with additional information on the event.

7th Annual PILF Co-ed Softball Tournament

Come join the Public Interest Law Foundation (PILF) for its 7th annual co-ed softball tournament at Bryan Park Sept. 29. The daylong event begins at 9 a.m. This annual event raises money for the School's Loan Repayment Assistance Program. Grab your mitt and play no-holds-barred games of slow-pitch softball. All are welcome, and prizes will abound. To sign up, visit the PILF table during lunch starting Monday, Sept. 17. The cost is $10 to play and $5 to show up and eat. For more information, e-mail All's fair in love, war, and softball.


2008 Jessup International Moot Court Competition

Students are invited to apply for a spot on this year's Jessup International Moot Court Team. All applications welcome: both previous moot court experience and relevant 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 Len Fromm no later than Wednesday, Sept. 21. More information is available from the Dean of Student's office.

Law Library Printer Update

We are very aware that the small laser printer in the online catalog area of the Library has been out-of-order quite often this semester. This printer is supplied by the Wells Library to service the workstations in the lobby area of the Library. However, since it is the only printer in the Law School where law students can use their UITS print allotment, it has been getting far heavier use than it can handle. The staff of the Wells Library have been very responsive when it breakdowns, however, it has been happening more and more frequently. To help alleviate this problem, the Law School IT staff is working on an arrangement with the Wells Library to replace or supplement this printer with another high speed printer that will also take law students' UITS allotment. We expect to have this in place in the near future.

In the meantime, do not forget that you can also print to the two Law School printers, also located in the Law Library. One is in the lobby next to the Reference Office and the other is in the Media Center on the second floor of the Library (outside the Computer Lab). These printers are for the use of law students only, and copies are charged against the student's law school print allotment. If you have any questions about how to access these printers, please see Dave Lankford in the Media Center. If you have any questions, please stop by Linda Farris's office (in the reference area) or email her at

Research Assistants Needed

Professor Christiana Ochoa is seeking a research assistant. Prior academic experience in philosophy, history, and international law as well as language skills in French and German (or any combination of the above) would be ideal, but are not essential. Interested applicants should submit resumes to her assistant, Lesley Coss, at

PDP Thank You Cards for Sale

Phi Delta Phi (PDP) is selling thank you cards in the Law School lobby Monday through Wednesday from noon to 1 p.m. The cards are perfect for those going through OCI and other interviews. Buy them now before they're sold out!

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