Indiana Law Annotated for Sept. 2, 2008 (35:1)


Welcome back Indiana Law students!

And welcome to the class of 2011! This stellar group comes from 95 undergraduate institutions and includes 17 students with advanced degrees. They have a median LSAT of 164 (top 9 percent) and a median GPA of 3.71. Based on what schools reported last year, these statistics put us in the top four among public law schools on GPA and top 10 among public law schools on LSAT.

An impressive group of international graduate students also began the Indiana Law journey. For 2008-09, we welcome 78 students from from South Korea, China, Burma, Thailand, Taiwan, Indonesia, Kazakhstan, Vietnam, Turkey, South Africa, Saudi Arabia, India, The Netherlands, and our partner schools in Spain, Hong Kong, Liberia, Poland, Germany, and France.

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



Interview Workshops

The Office of Career and Professional Development will host interview workshops on content and style. The content session will be held from noon to 1 p.m. in room 125. This session will cover interview content: types of interviews, questions to prepare, research and strategies for answering the toughest questions. The style session will be held from 4:30 p.m. to 5:30 p.m. in room 121. This session will cover interview style: dressing for success, body language, communication techniques, attitude and professionalism. Feel free to wear your interview suit to the session for a personal critique.

The workshops are open to 2L and 3L students. RSVP on Symplicity.



Student Organization Fair

A student organization fair will be held from noon to 1 p.m. in the main lobby. Learn more about the wide array of student organizations at Indiana Law. Meet representatives from each group, hear about their activities, and get information about membership.



Student Organization Fair

A student organization fair will be held from noon to 1 p.m. in the main lobby. Learn more about the wide array of student organizations at Indiana Law. Meet representatives from each group, hear about their activities, and get information about membership.

Judicial Clerkship Interview Process

A workshop on the judicial clerkship interview process for 3Ls that have applied for a clerkship after graduation will be held from noon to 1 p.m. in room 120. RSVP on Symplicity.

Chicago Alumni and Student Reception

Join Dean Lauren Robel and Chicago-area alumni and friends for a reception from 6:30 p.m. to 8:30 p.m. at the Union League Club of Chicago, Crystal Room, 5th floor, 65 W. Jackson Boulevard in Chicago. This gathering will kick off our fifth annual on-location recruiting event featuring some of our best and brightest students. Come mingle with friends, meet the students, and hear what's new at the School. Hors d'oeuvres and drinks will be provided. Hope to see you there. Business casual attire is required. Please RSVP to or 812-855-9700.



Public Interest/Equal Justice Workshop: Sept. 9

A public interest/equal justice workshop will be held from noon to 1 p.m. on Tuesday, Sept. 9, in room 125. The presentation details nationwide public interest opportunities available through Equal Justice Works conference. Lunch will be provided, so you must sign up and RSVP through Symplicity. The workshop is open to 2L and 3L students.

Lunch with a Lawyer: Sept. 10

John M. Fitzgerald, JD'77, director of the Society for Conservation Biology, will be available for Lunch with a Lawyer on Wednesday, Sept. 10, in room 124. Fitzgerald is a member of the District of Columbia Bar. He has worked with an array of conservation organizations and governments to evaluate strategies and secure improvements in federal and international law and policy in the areas of natural resource conservation, anti-corruption measures, international development, and socially and environmentally responsible investing.

Etiquette Dinner: Sept. 10

The Annual Etiquette Dinner, hosted by Career Services and the Women's Law Caucus, is being held on Wednesday, Sept. 10, in the Federal Room in the Union. Tickets are $25 — this includes a catered dinner and etiquette tips from distinguished Etiquette Specialist Joe Boes. He will guide you through an evening of dinner and offer insight on everything from introductions to table manners. Plan to arrive at 6 p.m. Dinner will be served at 6:30 p.m., and the evening will wrap up at 8:30 p.m. The Women's Law Caucus will be selling tickets in the lobby Wednesday through Friday, or you can stop by Career Services to purchase a ticket. Dress is professional or business casual. This is a great way to meet your colleagues and improve you etiquette for future interviews!

Federalist Society Mixer: Sept. 11

The Federalist Society is having a mixer/call-out meeting from 5 p.m. to 7 p.m. on Thursday, Sept. 11, 2008, upstairs at the Irish Lion. We will provide snacks and there will be a cash bar.

Jessup Competition Deadline: Sept. 12

Applications for the 2009 Jessup International Law Moot Court competition are due by Friday, Sept. 12. All students are welcome to apply. 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.

Originally named the "International Law Moot," the Jessup competition held its first round at Harvard University on May 3, 1959. In the subsequent years, the Jessup competition has risen to the preeminent position of being the largest and most prestigious international law moot court competition in the world. Today, approximately 1,500 students from more than 300 law schools in almost 50 nations participate in the competition.

Participants first compete in regional and national competitions in their respective countries. Winners from these competitions advance to the International Rounds, which have been held, historically, in Washington, D.C.

This year's team will consist of four students and will be coached by Professor Christiana Ochoa. During the fall semester, team members will produce a written memorial (analogous to a brief); oral arguments will take place during the spring semester. For more details on the Jessup competition, see



Professor Kevin Brown co-authored an article with Vinay Sitipati, "Lessons Learned from Comparing the Application of Constitutional Law and Federal Anti-Discrimination Law to African-Americans in the U.S. and Dalits in India in the Context of Higher Education," which was published by the Harvard Black Letter Law Journal. He also wrote the introduction to the Symposium: Race Across Boundaries also published in the journal.

Professor Fred H. Cate's article, "Government Data Mining: The Need for a Legal Framework," was published in the Harvard Civil Rights-Civil Liberties Law Review, and was the subject of a Department of Homeland Security workshop on "Implementing Privacy Protections in Government Data Mining" in Washington, at which he testified. He spoke at a number of conferences this summer, including the International Association of Privacy Professionals' executive forum on Government Access to Private Sector Data in New Hampshire; Sandia National Laboratories' CyberFest 2008 in Albuquerque; the Center for Strategic and International Studies' program on Biometrics and Security in Washington; the Ninth Annual Privacy Law Institute in New York; the inaugural Privacy Law Scholars Conference in Washington; and Identity 2008 in San Diego. He taught a course on Information Privacy and Security for the Indiana Graduate Program for Judges, and his chapter, "Determining the Legality of Surreptitious Code," appeared in Crimeware (Addison-Wesley/Symantec Press, 2008). In August, he was named a technology policy advisor to the Obama campaign.

Professor Ken Dau-Schmidt has been appointed the secretary-elect for the Labor and Employment Law Section of the American Bar Association. In this capacity he will work with Nora Macey, JD'75, Macey Swanson & Allman in Indianapolis, who was elected the section chair-elect. The section officers plan and approve ABA programs related to labor and employment law, and the secretary is given the task of summarizing all Supreme Court cases on labor and employment law for the annual meeting. The appointment will run three years.

Dau-Schmidt also gave several summer presentations, including "The Relative Bargaining Power of Employers and Unions in the Global Information Age: A Comparative Analysis of the United States and Japan," Corporate Stake-holder's Project, Research Institute of Economy, Trade & Industry, Tokyo, Japan (July 15, 2008); "The Impact of Childcare on Legal Careers," Annual Meeting of the Law and Society Association, Montreal, Quebec (May 30, 2008); and "Gender and the Legal Profession: The Michigan Law School Alumni Data Set 1967-2004," Annual Meeting of the American Law and Economics Association, Columbia Law School, New York. (May 16, 2008). He will be attending the ABA Section on Labor and Employment Law Annual CLE Conference in Denver, Colo., Sept 12-14, 2008. He will be Chairing the Session on Labor and Employment Law at the Annual Fall Retreat of the Law and Society Association in Madison, Wis., Sept 19-21, 2008.

This summer, Professor Rob Fischman published "The Divides of Environmental Law and the Problem of Harm in the Endangered Species Act" in the Indiana Law Journal. The article is included in a symposium issue which collects the papers from the workshop "Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation." Also published this summer was Fischman's co-authored chapter on the national wildlife refuges in "Preliminary Review of Adaptation Options for Climate-Sensitive Ecosystems and Resources," published as the U.S. Climate Change Science Program Synthesis and Assessment Product 4.4 (2008) (with J.M. Scott et al.).

Over the summer break, Professor Charles Geyh's book, When Courts & Congress Collide was reissued in paperback, with a new preface and an introduction by Justice Sandra Day O'Connor. He published an article in the Notre Dame Journal of Law, Ethics & Public Policy, titled "Straddling the Fence Between Truth and Pretense: The Role of Law and Preference in Judicial Decision Making and the Future of Judicial Independence." As director of the ABA's Judicial Disqualification Project, and with the assistance of 3L Kate Lee, Geyh drafted a report that he and Lee presented at the Annual Meeting of the ABA in New York City. An abridged version of their report was published in the latest issue of Judicature magazine.

Professor Sarah Jane Hughes participated in the Cyberspace Law Committee's offerings at the ABA Annual Meeting in NYC on Aug. 8 and 9. She was a panelist for two presentations. The first was a session titled "Hot Topics in Electronic Payments" that touched on bankruptcy issues with retailers' prepaid cards, deposit insurance for payroll cards and other types of prepaid cards, and money laundering concerns with prepaid cards. In addition, she organized a CLE program on national security letter law based on the book that she co-wrote with Professor David Fidler titled "Responding to National Security Letters: A Guide for Practitioners" (forthcoming February 2009). In addition, Hughes has been providing assistance to Consumers' Union on topics related to prepaid cards and to the Privacy Coalition on the balance between privacy and security in government-funded state and local data collection and sharing. Her work will form the core of comments that privacy groups will be submitting to the Department of Justice next week. She also has been invited to be the speaker at the September meeting of the Privacy Coalition in Washington. Finally, Hughes is in the final stages of updating her portions of the Hawkland Series on the UCC published by Thompson-West. Her portions deal with non-UCC payments — prepaid cards, payroll cards, mobile payments, and the like.



Research Assistant Needed

Professor Fred H. Cate is looking for an enthusiastic and engaged research assistant to work on government data mining and privacy issues. Interested second- and third-year students should send a resume and short statement of interest to

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 2012. 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 Monday, Sept. 8, 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

Basic Mediation Training

The Community Justice and Mediation Center will hold basic mediation training for those interested in helping facilitate community mediation and victim-offender reconciliation. The 32-hour workshop will be held from 8 a.m. to 5 p.m. on Sept. 13, 14, 20, and 21 in room 214. Professor Emeritus of Law Ed Greenebaum will serve as the principle training instructor. Greenebaum is a graduate of Harvard Law School and taught Alternative Dispute Resolution and Mediation at Indiana Law until retirement. Participants who complete CJAM's training sessions are eligible to work as CJAM volunteer mediators; however, community members interested in learning basic mediation skills are also welcome. Tuition is $200, although a sliding scale is considered when applicable and scholarships are available for those unable to afford the fee. Registration forms are available at or by e-mailing For more information. Call the CJAM office at 812-336-8677.

Directed Reading Opportunity

A professor of school law from the School of Education is looking for two law students to assist with her undergraduate school law course. Law students would assist with lesson plans, grading, and some teaching. Topics addressed in the course include church/state relations, student speech rights, special education law, teacher privacy rights, tort law, and teacher contracts. The course meets on Monday from 6:50 p.m. until 8:15 p.m. The time commitment would be approximately three hours per week, and students can receive 1 directed reading credit. This is not a paid position. If you are interested in assisting, please e-mail a resume to Professor Suzanne Eckes at

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 the ILA online.