Indiana Law Annotated Vol. 34 No. 10 (March 24, 2008)

Table of Contents


The Federalist Society welcomes Professor Richard Sander of the UCLA School of Law, who is here to discuss the mismatch effect of affirmative action from noon to 1 p.m. on Wednesday, March 26, in the Moot Court Room.

An interdisciplinary panel of experts will examine the legal and ethical implications of stem cell research in "Can and Should We Control Technology? The Future of Stem Cell Research Policy." The Center on Law, Society and Culture symposium will take place from 3:30 p.m. to 5:30 p.m. on Thursday, March 27, in the Moot Court Room.


Art of Effective Interviewing

Interviewing is a skill you will use for the rest of your professional life. Plan to attend this engaging and entertaining event presented by Jon Vegosen, Founding Partner of Funkhouser Vegosen Liebman & Dunn Ltd., a vibrant small-sized law firm in Chicago, at noon in room 123. Vegosen will perform a role play with Randi Kohn, director of Administration and Development and also give you an opportunity for Q&A. The firm will be recruiting Indiana Law students in 2008, so they are eager to meet you and share their wisdom about the art of effective interviewing and tell you about their firm. In addition to learning about interview techniques, this is a great opportunity to network so plan your first impression wardrobe accordingly. All students are welcome. Sign up on Symplicity. Lunch will be provided!

SBA Call-out Meeting

Are you interested in representing your class on 2008-2009 Student Bar Association board?!?!?! If so, please attend the call out meeting at 4:30 p.m. in the Student Lounge where the current SBA will explain the Spring election and nomination process.


LLSA Meeting

The Latino Law Student Association (LLSA) will be hosting a meeting on Tuesday at noon in room 124. Come elect your next year's board and have some great food. See you there!

Clerkship reception

Thinking about a Clerkship after graduation? Then you should attend the clerkship reception on Tuesday afternoon from 4:30 p.m. to 6 p.m. in the Faculty Lounge. Faculty who have done clerkships will be there to answer any questions you might have as well as members from Ice Miller. Don't miss this opportunity! Sign up on Symplicity.

Lunch with a Lawyer Series

The Office of Career & Professional Development and ILS are hosting a Comparative Law Working Abroad lunch about Japan with Shuichi Nezaki at noon in the Student Lounge. Sign up on Symplicity

Humane Treatment: The Prevalence and Prevention of Torture

Beth Simmons, Clarence Dillon Professor of International Affairs and Director of the Weatherhead Center for International Affairs of the Department of Government at Harvard University will speak from 4 p.m. to 5:30 p.m. in Swain East, room 240. Simmons' talk is based on a chapter from her forthcoming book, International Human Rights: Law, Politics, and Accountability, which examines why governments sign legally binding human rights agreements, and the conditions under which they are likely to comply with agreements.


Lunch with a Lawyer Series

The Office of Career and Professional Development is hosting an Estate Planning discussion from noon to 1 p.m. in the Student Lounge. Jessica Merkel from Jones McGlasson & Benckart will talk with students about her experiences. Lunch will be served to those that sign up on Symplicity.

The Federalist Society Presents: Professor Richard Sander

Does affirmative action hurt those it purports to help? The Federalist Society welcomes Professor Richard Sander of the UCLA School of Law, who is here to discuss the mismatch effect of affirmative action from noon to 1 p.m. in the Moot Court Room. Students receiving large admissions preferences enter law school with lower credentials (GPA, LSAT) than their fellow students. The central argument of the mismatch effect theory is that these "mismatched" students have worse outcomes in terms of graduation, bar passage, and the post-school salaries than if they had gone to a less elite school where their credentials better matched their fellow students. This mismatch effect is not caused by race. It can affect any group that receives a large preference. But it correlates to race because racial minorities are the most common beneficiaries of admissions preferences. Lunch will be provided.

Procedures & Processes for a B547

Dean Michael Keller and Professor Julia Lamber will discuss how you sign up for credit, what your academic requirements are, and everything else you need to know to get B547 credit this summer. Jim Schutter will talk with you about financial aid. The meeting will be at 4:30 p.m. (check Symplicity for the room number).

2008 Paul V. McNutt Lecture: U.S. Foreign Policy after Iraq

The IU Department of History will host the prominent military historian Andrew Bacevich, professor of international relations and history at Boston University, who will give the 2008 Paul V. McNutt Lecture. Bacevich, a retired Army colonel, will present "U.S. Foreign Policy After Iraq" at 8 p.m. in the IMU Georgian Room. A self-described Catholic conservative, Bacevich is an outspoken critic of U.S. policy in Iraq. He is the author of several books on history and foreign policy, including The New American Militarism: How Americans are Seduced by War (2005) and is a frequent contributor to such publications as Foreign Affairs and The Nation. His talk will draw from his forthcoming book, which outlines suggestions for a new approach to American foreign relations. The talk is free and open to the public.


Faculty Counseling Session

Wouldn't it be nice to talk to professors prior to selecting your Fall semester courses? SBA and the Office of Student Affairs will host a Spring faculty counseling session at noon on the first floor of the Law School Thursday. This will give rising 2Ls and 3Ls a chance to meet professors teaching Fall 2008 courses prior to making course selections. Pizza will be provided.

Lunch with a Lawyer

Feminist Law Forum and the Office of Career and Professional Development proudly present Lunch with a Lawyer: Women in Law Panel from noon to 1:15 p.m. (room TBA). Benefit from the combined wisdom of five different women in five distinct areas of the legal profession. Join Judge Mary Ellen Diekoff, JD'86, Professor Dawn Johnson, Assistant U.S. Attorney Marisa Ford, JD'85, ILS Director Jamie Andree and Professor Christiana Ochoa as they share their experiences ranging from corporate law to county circuit court judicial work, from presidential legal counsel to public interest law to federal litigation. Practice Credit is available and lunch will be provided, but only to those who RSVP on Symplicity. Hope to see you there!

Lunch with a Lawyer Series

The Office of Career and Professional Development and International Law Society are hosting a Comparative Law Working Abroad lunch with Ali Rahman who will discuss Iraq at noon in the Student Lounge. Sign up on Symplicity.

Future of Stem Cell Research Policy

An interdisciplinary panel of experts will examine the legal and ethical implications of stem cell research at the 2008 Symposium of Indiana University's Center on Law, Society and Culture. Titled "Can and Should We Control Technology? The Future of Stem Cell Research Policy," the symposium will take place from 3:30 p.m. to 5:30 p.m. in the Moot Court Room. The keynote speaker will be Rebecca Dresser, the Daniel Noyes Kirby Professor of Law and Professor of Ethics in Medicine at Washington University in St. Louis and a leading authority on the law and ethics of stem cell research. Since 1983, she has taught medical and law students about legal and ethical issues in end-of-life care, biomedical research, genetics, assisted reproduction and related topics. Providing comments at the symposium will be Yvonne Cripps, the Harry T. Ice Professor of Law, and Sandra Shapshay, senior lecturer and director of undergraduate studies in philosophy at IU-Bloomington and an affiliate faculty member with the IU Center for Bioethics in Indianapolis. Audience members will also be asked to contribute comments and questions. The symposium will conclude with a reception at which the discussion may be continued informally.


Lunch with a Lawyer Series

The Office of Career & Professional Development and ELS are hosting a discussion with Bob Weaver from 12:30 to 1:30 p.m. in room 213. Weaver is a principal in the Washington, D.C., law firm of Kelly & Weaver P.C. The firm represents public agencies on environmental, natural resource, public works and legislative issues. His practice includes regulatory issues, permitting, and counseling on compliance and settlement.

Other practice areas include: (1) funding for wastewater and water facilities, (2) technology demonstrations, (3) water resource projects; (4) storm water management, and (4) federal grant administrative actions and appeals. Bob's legislative experience includes the federal Clean Water Act and Safe Drinking Water Act, Water Resource Development legislation, Superfund, the Resource Conservation and Recovery Act, and the Coastal Zone Management Act. Lunch will be served to those that sign up on Symplicity.


Professor Craig Bradley's SSRN paper "Sentencing Redux" was one of the top 10 downloaded papers in the fields of both "Sentencing and Corrections" and "Judicial Review."

Professor Fred H. Cate spoke at the ALI-ABA Advanced Privacy course on the conflict between U.S. civil discovery rules and European data protection laws, and at the Hewlett Packard annual privacy summit on government access to personal data.

Professor Rob Fischman's article, "From Words to Action: The Impact and Legal Status of the 2006 National Wildlife Refuge System Management Policies" (, 26 Stanford Envtl. L.J. 77 (2007), has been selected as one of 22 finalists in the annual review of the best environmental and land use law articles. This is Fischman's fourth article to make the finals in the annual review. One of those articles, "The National Wildlife Refuge System and the Hallmarks of Modern Organic Legislation" (, 29 Ecol. L.Q. (2002), made the final cut as the very best of the year.

Professor Ajay Mehrotra recently presented a paper, "'Render Unto Caesar ...': The Religious and Ethical Roots of the Modern American Tax System" at the Loyola University Chicago Law Journal's "Conference on Tax Law in a Liberal Democracy: Exploring the Relationship Between Tax and Good Governance."


LLM Students Speak About Their Countrys Legal Systems

LLM students representing four countries are speaking about the legal systems of their respective countries, the work they do, and how law students can look for job opportunities in their countries. Each presentation will have time for questions from the audience. Lunch will be served and all events are from noon to 1 p.m. Li Xinyang, a recent law school graduate from China, will speak on Tuesday, April 1, in room 122 and Waleed Muad and Faisal Alwazzab of Saudi Arabia will speak on Thursday, April 3, in room 124.

Intersection of Race, Jury Composition with the Death Penalty

The Black Law Students Association and the American Constitution Society will be co-hosting a panel discussion on the intersection of race and jury composition with the death penalty in the U.S. The event will also address the constitutionality of the death penalty and the practical elements of trying capital cases in Indiana. This event will be from noon to 1 p.m. on Tuesday, April 1, in the Moot Court Room. Free pizza will be provided!

Alumnus Presents Documentary: Mario's Story

Bob Long, JD'71, retired from Latham & Watkins in Los Angeles, will present a documentary titled Mario's Story (,0,5749723.story) at 4:30 p.m. on Wednesday, April 9, in the Moot Court Room. Long took on a pro bono case at the request of a nun at his church, a habeas case on behalf of a juvenile who had received a life sentence.

Mobilizing Law in Putin's Russia

Kathryn Hendley, associate dean of research and faculty development at the University of Wisconsin School of Law and the William Voss-Bascom Professor of Law and Political Science at UW, will present "Mobilizing Law in Putin's Russia, from 3:30 p.m. to 5 p.m. on Friday, April 18, in the Oak Room of the Indiana Memorial Union.


IU Trial Competition Team

Congratulations to Matt Butcher, Susan Castorina, Alissa Cohen, Jason Dennis, JD Lyons, Patrick Molen, Henry Reaves, Paul Threatt, and Coach Craig Smith, who represented IU in the AAJ Student Trial Advocacy Competition in Columbus, Ohio, March 7-9, despite a record 20 inches of snow that shut down most of Columbus.

Graduation Display Items Needed

Believe it or not, it is time to put up the Graduation Display. As we have done in the past, we want to do a collage of pictures, memorabilia and clippings regarding your three years of law school. We will return all the items to you following Graduation. Please get these items to us by Friday, April 4. Each item must have a completed form attached that includes your name and the address where you want it returned. You can pick up these forms at the Reference Desk or in the Library Office. For pictures, the full name of each person in the picture, the event or where the picture was taken and what year it was taken. We reserve the right to omit any item if needed. Give items to the librarians in the Reference Office or to the assistant to the Law Library director. To ensure that we have all the necessary information to return the items, do not just leave them in the office or at the Circulation Desk. For further information, see the posting in the library across from the elevator.

Can I Borrow Your Notes?

This 12 track, 45-minute CD is composed entirely of songs performed and produced by students, faculty, and staff of Indiana Law. The CD spans many genres of music, and much of the subject matter is sure to resonate with most people that have ever gone to law school, here or elsewhere. All profits will benefit the Public Interest Law Foundation, the Protective Order Project, and other public service/charity organizations. CDs will be available for $10 in the lobby from 11:45 a.m. to 1 p.m. and 3:20 p.m. to 5:30 p.m. Monday, Tuesday, and Wednesday each week, and other times when practical until further notice. Look for our table or contact Jon Morris, if interested. Supplies are limited, get yours today!

Teaching Assistantships for 2007-08 Academic Year

The Graduate Legal Studies Program of Indiana University School of Law will be hiring teaching assistants for the 2008-2009 academic year. The teaching assistants will work with international students in their legal writing and research course, the Practicum and Academic Legal Writing. Applicants must be available for approximately 10 hours each week, possess strong research and writing skills, and while previous teaching experience is preferable, it is not required. Persons selected to fill these positions must be available for orientation beginning on Aug. 18. Teaching assistants will be appointed on a semester basis, with reappointment in the spring conditioned upon satisfactory performance in the fall. The stipend per semester is $2000. Please include a cover letter, resume, writing sample and references in your application packet, and indicate your availability for an interview. Applications are due no later than April 7 and should be submitted to Professor Lisa A. Farnsworth, director of Graduate Legal Studies Room 220.

Health Law Moot Court Competition

Are you interested in competing on the Health Law Society's external moot court team? We will be participating in the Health Law Moot Court competition at Southern Illinois University in November. Applications are due soon. Please contact Aimee,, ASAP for details.

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 Friday, March 28.

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.

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