Indiana Law Annotated Vol. 34 No. 8 (March 3, 2008)

Table of Contents


The Center for Applied Cybersecurity Research (CACR) Speaker Series presents Dr. Christopher Kruegel of the Computer Department of University of California Santa Barbara. He will be speaking at noon on Thursday, March 6, in the faculty conference room (room 335) on "Malicious Code Analysis."

Professor Charles Geyh, John R. Kimberling Chair in Law, will discuss his book When Courts & Congress Collide: The Struggle for Control of America's Judicial System from 10 a.m. to 11:30 a.m. on Saturday, March 8, in the Alumni Association's Kelley Dining Room in the Virgil T. DeVault Center. The cost is $12. Complimentary continental breakfast is included. To register or for more information, visit or call 855-5108.


Health Law Society Meeting

The Health Law Society meeting will be held from noon to 1 p.m. in room 124. Salad lunch will be provided. On the agenda: Election announcement for next year's board, Health Law Moot Court team selection announcements. In addition, there will be a Relay for Life informational meeting. Want to fight cancer? Join the Health Law Society's second annual Relay for Life team this March 29 and 30. All IU law students are welcome to join. Relay for Life is a 24-hour event to raise money for the American Cancer Society. Last year, our IU law team came in seventh in overall fundraising. Join our team or donate online at or email Mary Nyman at with any questions.

Lunch with a Lawyer Series

The Intellectual Property Association and the Office of Career and Professional Development are co-hosting an Intellectual Property panel discussion from noon to 1 p.m. in room 121. A diverse panel of attorneys, ranging from in-house counsel to large firm partner will discuss their unique "real world" experiences in Intellectual Property law. Attorneys from Baker & Daniels, Woodard Emhardt Naughton Moriarty McNett & Henry and Cook Medical are scheduled to attend. Lunch will be served to those who sign up on Symplicity.


Lunch with a Lawyer Series

The Office of Career and Professional Development is hosting a Sports Law discussion in the student lounge from noon to 1 p.m. Scott Bearby, JD'92, and Michael Mangarelli, JD'00, from the NCAA will be here to talk with interested students. Lunch will be served to those who sign up on Symplicity.

ELS Meeting

The Environmental Law Society (ELS) is having a meeting at noon (location TBA). Food and beverages will be provided.

ILS Meeting

The International Law Society (ILS) will have a meeting at noon in room 124. ILS will discuss ideas for next year's events, the upcoming comparative law/working overseas lunches (volunteers needed), procedures for the upcoming ILS elections, plus more. Bring your lunch and your ideas.


Graduate Education Day at the Statehouse

The Graduate and Professional Students Organization (GPSO) hosts Graduate Education Day at the Statehouse from noon to 3 p.m. in the North Atrium of the Indiana State House in Indianapolis. The event showcases why graduate education is for higher education, society, and the state of Indiana. For more information, contact Erika Lee at 856-3744 or by e-mail at


Will Boys Really Be Boys?

Mary A. Ott, MD, Section of Adolescent Medicine at the Indiana University School of Medicine, presents "Will Boys Really be Boys? A Developmental Approach to Relationships and Sexuality among Adolescent Men" from noon to 1 p.m. in the Oak Room of the Indiana Memorial Union. The event is presented by the Graduate and Professional Students Organization (GPSO).

CACR Speaker Series: Dr. Christopher Kuregel

The Center for Applied Cybersecurity Research (CACR) Speaker Series continues at noon in the Faculty Conference Room (335). Dr. Christopher Kruegel, who recently accepted an assistant professor position with the Computer Department of University of California Santa Barbara, will be speaking at noon in the faculty conference room (room 335) on "Malicious Code Analysis." Malware, such as viruses, worms, or spyware, is defined as software that fulfills the deliberately harmful intent of an attacker when run. To effectively combat malicious code, it is necessary to understand the behavior of real-world malware programs. To this end, we have deployed both server-side and client-side honeypots that collect malicious programs in the wild. These programs are then forwarded to an automated analysis engine called Anubis. Anubis performs dynamic code analysis to extract the behaviour of malware. In addition to recording a simple execution trace, our system identifies hidden behavior that is only triggered under certain circumstances (for example, on a certain date, or when the malware program is started in a specific directory). Moreover, Anubis tracks how malware uses data that it reads from operating system resources (such as files or sockets). This provides valuable information about the intent of the malicious program. Students, faculty and staff are invited to attend. Refreshments will be served.

Jessup Moot Court Team Call-Out

Interested in joining next year's Jessup International Moot Court team? Join us at noon in room 121 for more information. This meeting is open to all interested students.

Sex Differences in Brains and Behavior

The Graduate and Professional Students Organization (GPSO) presents Size Matters: Sex Differences in Brains and Behavior from 7 p.m. to 8:30 p.m. at Borders.

LLSA Trivia Night

Get ready for the Second Annual Quiz Bowl Night! The Latino Law Student Association (LLSA) will again be hosting Quiz Bowl night from 9 p.m. to 11 p.m. at Nick's English Hut in the Hoosier Room. Come test your pop culture knowledge for your chance to win any of these great prizes: Starbucks coffee, gift certificates to Malibu Grill, Gratzie, Eagle Pointe Golf, dance lessons from Arthur Murray, and many others. Five people per team, $10 per person. Get your team together today and sign up at the LLSA table during lunch!


GPSO Happy Hour

The Graduate and Professional Students Organization (GPSO) will host a Happy Hour starting at 5:30 p.m. (location TBA). Come out to meet and enjoy the company of fellow graduate students from all parts of campus. It's also a great way to meet and talk to the students who represent you on important campus and university wide committees. Food is provided. Get there early! E-mail Amanda Meglemre at with questions or for more information.


Geyh to Participate in IU Authors' Series

Professor Charles Geyh, John R. Kimberling Chair in Law, will discuss his book When Courts & Congress Collide: The Struggle for Control of America's Judicial System from 10 a.m. to 11:30 a.m. in the Alumni Association's Kelley Dining Room in the Virgil T. DeVault Center. Throughout American history, Congress and the courts have collided over judicial decisions that infuriated the public. Although occasionally threatening to retaliate by impeaching judges, packing the courts, or stripping the judiciary of the jurisdiction to hear controversial cases, Congress has rarely followed through with those threats. Geyh will discuss why not, and why there is a call for greater political control of the judiciary. Geyh's work on judicial independence, accountability, administration, and ethics has appeared in two books, over 30 articles, book chapters, and reports.

The cost is $12. Complimentary continental breakfast is included. To register or for more information, visit or call 855-5108.


Professor Fred H. Cate testified before the National Institute of Medicine Committee on Health Research and the Privacy of Health Information in Washington on the role of autonomy and consent in health research, and he spoke at the Indiana University Winter College in Sanibel, Fla., on data surveillance and national security.


ILAP Spring Break Trip to Terre Haute Federal Prison

In Bloomington over spring break? Consider joining the Inmate Legal Assistance Project (ILAP) trip to the federal prison in Terre Haute on Friday, March 14. You'll interview a client who has contacted our office concerning a legal problem and follow up with a short letter addressing their options. Our clients need assistance on all sorts of legal issues, from direct appeals to habeas corpus claims to civil issues. New and current members are welcome, and no prior ILAP experience is necessary. We'll give you all the training you need, and you'll be supervised by experienced students and a licensed attorney. Additionally, if you have not yet completed a security application for the prison, it must be turned in to the ILAP office by Friday at noon as well. They can be picked up outside of the ILAP office on the first floor. If you are interested in attending, or if you have any additional questions, please e-mail Kristin or Kate at You must confirm by Friday, March 7, at noon.

Tax Court to Argue Case at Law School

The Tax Court will visit the Law School from 1:30 p.m. to 4:30 p.m. on Monday, March 17, in the Moot Court Room. This case addresses how to properly value the Meijer store in Richmond, Ind., for property tax purposes. Local assessing officials provided evidence that they complied with all applicable rules in developing the assessment. The taxpayer provided evidence, in the form of a professional appraisal, of how much the property would sell for if it were put on the market today. The administrative agency adjudicating the appeal adopted neither party's approach, accepting only a portion of Meijer's appraisal evidence. The agency concluded that the current comparable sale price was not the appropriate measure of value because the property is not currently on the market. The agency accepted the portion of the appraisal showing the property's depreciated value but rejected the portion of the appraisal further decreasing the value to reflect the market for empty "big box" stores. The Tax Court must determine whether the assessor's approach, the taxpayer's approach, or the agency's approach is correct.


Baker & Daniels Pro Bono Fellowships: Applications being accepted

Applications are now being accepted for the Baker & Daniels Pro Bono Fellowships. Two fellows a rising 2L and a rising 3L will be chosen to coordinate the School's student pro bono program. Responsibilities include coordinating a pro bono fair, liaising with student organizations and the Office of Career and Professional Development, student outreach, and liaising with attorneys and the Pro Bono Coordinator at Baker & Daniels on pro bono projects supervised at the firm. The fellowship stipend is $5,000 per academic year. Applications consisting of a cover letter with a statement of interest and a resume should be sent electronically to Carwina Weng ( by March 28.

Professor Ochoa Seeks Research Assistant

Professor Christiana Ochoa is looking for a research assistant to assist in the development of new degree programs in the field of Global Governance and Human Rights. The ideal candidate will have completed graduate work in a field of study outside of law and will have an interest in the subject matter, but ALL interested students are encouraged to apply. This research assistant can expect to work between 5-10 hours a week for the remainder of the semester. Please submit a resume and one short paragraph expressing your interest in this project by email to

Stories from the Margins

In an effort to encourage a greater appreciation for the obstacles our peers have overcome to reach law school and to help gain a broader understanding of how pervasive and subtle prejudice and discrimination is and continues be, the Student Bar Association (SBA) is seeking narrative submissions from students and faculty members on the question, "When have you felt marginalized for a personal characteristic (i.e., for your religious or spiritual beliefs, gender, sexual orientation, race or ethnicity, physical or mental disability, political beliefs, etc.) How has this experience affected you?" Submissions should be no more than 250 words in length and can be emailed to or dropped off in the SBA mail-slot on the ground floor. Anonymity will be protected for those who wish it, but is otherwise optional. These stories will be reproduced as part of an ongoing effort by the SBA to increase awareness of diversity in the Law School. It also represents a less conventional way to get know each other outside of the library and the classroom. Submissions will be accepted for the rest of the semester.

Annual Spring Break Trips

The Office of Career and Professional Development is planning its annual spring break trips to Washington D.C., New York, Los Angeles, and San Francisco. Sign-ups are now available on Symplicity. We are adding organizations daily, so remember to check back often. These trips are open to all students (1, 2, & 3Ls) and are a great opportunity to network with alumni and potential employers.

BarBri Tabling Hours

Your fellow BarBri student representatives will have tabling hours every week at the following times: Mondays from 11 a.m. to 2 p.m., Tuesdays from 11 a.m. to 1 p.m., and Wednesdays from 10 a.m. to 1 p.m. Please come by our table if you have any questions regarding Bar prep. Please forward your questions to

Kaplan PMBR Hiring Student Representatives

Kaplan PMBR is dedicated to preparing law students for law school and professional success as a provider of final exam and bar exam preparation materials and courses. Student representative commitment is approximately 20 hours per semester. Benefits include free Kaplan PMBR 6-day and 3-day courses plus monetary compensation. 2L and 1L students may apply. Students planning to work in government or public interest are particularly encouraged to apply. Write to Camille Johnson at or Shalonda Guy at for an application.

SBA Open Meetings

Do you have concerns or ideas that you would like for the Student Bar Association (SBA) to address? If so, please feel free to stop by our weekly open meetings Wednesdays at 8 p.m. in the SBA bookstore. You may also voice your concerns any time to your class representatives.

Career Counseling Appointments

Per NALP guidelines, 1L students may now schedule Career Counseling Appointments with the Office of Career and Professional Development. Schedule in-person only in room 020.

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