Indiana Law Annotated for Sept. 22, 2008 (35:4)


Former U.S. Senator Birch Bayh, JD'60, will present "Separation of Church and State: As Important Today as in the 18th Century" at 3:30 p.m. on Thursday, Sept. 25, in the Moot Court Room.



Dean Fromm Discusses Graduation

Dean Len Fromm will discuss a number of graduation matters, including the graduation committee, composite photos, graduation weekend events, and bar applications at noon in the Moot Court Room.

Legal Christian Fellowship Nomination Deadline

Today is the last day to nominate yourself or someone else for the secretary position of the Legal Christian Fellowship. If you would like to be considered for secretary, e-mail Zachary Kester at, and include your name, legal interests, a little bit about your religious background, and something interesting about yourself. Please get this information to Zac by 5 p.m. He will then email this information to the rest of the group. The election will take place at their next meeting, Monday, Sept. 29.

National Environmental Law Moot Court Competition Applications Due

Applications for the National Environmental Law Moot Court Competition are due today. This event provides a quality experience in environmental litigation. Participants have the opportunity to demonstrate their skills in brief writing and oral advocacy. Each competition proceeds with three sides, the government, public interest groups, and regulated industry, representing the complexity of real world environmental litigation. The Indiana University team will consist of three students. During the fall semester, team members will complete a brief for one set of litigants based on a problem released in early October. In late February, the team will complete in at least three rounds of oral arguments in White Plains, New York. In each round, the team will represent a different set of litigants. For more information on the competition please see, or contact Nancy Rachlis ( All 2Ls and 3Ls may apply. Although not required, moot court and oral argument experience as well as relevant course work and participation in Environmental Law Society events will be considered. Please submit a current resume and a statement of interest (covering relevant experience and reasons for interest in the environmental law competition) to Dean Len Fromm today. Applications will be reviewed by him and a faculty committee, and applicants will be notified of selection the last week of September.

JLSA Call-out Meeting

The Jewish Law Student Association (JLSA) is having a quick call-out meeting at 5:30 p.m. in room 125. We will be discussing upcoming events for the High Holidays and Shabbat dinners as well as greater integration with the Jewish grad student community here at IU. All are welcome! Please email Nancy Rachlis ( or Michael Riskin ( for questions or more information.

SBA Application for Appointment to Faculty-Student Committees Deadline

Law student participation on the Faculty-Student Committees is designed to allow student input on curricular, extracurricular, and administrative matters that affect students most. It is also designed to give the faculty a clearer understanding of student needs. The Student Bar Association (SBA) is now accepting applications for appointments to Faculty-Student Committees. If you would like to be considered for such an appointment, please complete an application and insert it in the SBA office/bookstore door slot by 6 p.m. SBA will review applications and make recommendations to Dean Lauren Robel for appointments. SBA reserves the right to interview applicants, if needed. SBA will seriously consider your application to any committee that you preference. Please understand that if you are appointed to a committee, attendance and participation in scheduled committee meetings is mandatory. Committees meet on regular work days, often at noon or the afternoons.



ILAP Training

The Inmate Legal Assistance Project (ILAP) is holding a training session for all interested students at noon in room 124. We will be covering some ILAP procedures and how to deal with issues commonly raised by inmates. We invite students from all years to attend and learn about one of the earliest ways to gain practical legal experience.

Seventh Circuit Oral Argument and Meet the Judiciary

The Seventh Circuit Court of Appeals will hear oral arguments at 4:25 p.m. in the Wynne Courtroom in Indianapolis at the Indiana University School of Law—Indianapolis. The Indianapolis Bar Association will host a reception in the Conour Atrium following the arguments (cash bar). Contact Catherine Clements,, for more information.



JLAP's Sudrove to Discuss Character and Fitness

Tim Sudrove of Indiana's Judges and Lawyers Assistance Program (JLAP) will discuss JLAP's services and its role with the Board of Law Examiners at noon in the Moot Court Room. In particular, he will cover the Character and Fitness questions on the Indiana bar application.

Free Balance Ball

Need more balance in your life? You can sign up to win a FREE balance ball by checking out the Legal Christian Fellowship's coffee hour during lunch! All coffee is free and from the Pourhouse Cafe on Kirkwood which serves only fair trade coffee. Pourhouse is non-profit and all proceeds are donated to the "coffee belt" countries, which are mostly African and Central/South American nations. Please stop by, sign up to win a balance ball, enjoy coffee and/or candy, and say hello!



ISBA Panel Discussion

If you are considering a legal career in the state of Indiana you should take advantage of the tremendous resources of the Indiana State Bar Association (ISBA) during your law school tenure and beyond. Come and hear a vibrant panel of young, Indiana-based attorneys talk about their respective career paths and how ISBA has proven helpful at noon in room 124. Clay Miller, JD’93, Baker & Daniels, Indianapolis, practices utility law. Miller is a former member of the Board Of Governors, a former chair of the Utility Law Section, former chair of the Improvements in the Judicial System and current vice chair of the Membership Committee. Holly Harvey, JD'97, Bunger & Robertson, Bloomington, is a civil litigator and practices family and real estate law. She is the current secretary of the ISBA Board of Governors, a former council member of the Young Lawyers Section, a member of the litigation section and serves on the Budget & Finance Committee. Robyn Rucker, Indiana CLEO program coordinator, Indianapolis, is a 2002 IU Indianapolis Law School grad. Rucker serves on a Membership Subcommittee and the ISBA Diversity Committee. Each panelist will speak briefly about their law practice or position, their involvement with the ISBA and how involvement in a bar association helped them in their current position. They will also discuss the anxiety students face in the job search. Lunch will be provided from Roly Poly, so be sure to RSVP on Symplicity! This event is open to all law students.

Former Senator Birch Bayh Speaks at Indiana Law

The American Constitution Society is proud to present a talk by Senator Birch Bayh, JD'60, at 3:30 p.m. in the Moot Court Room. Snacks and drinks will be served. Bayh is the author of the 25th and 26th Amendments to the Constitution and an architect of the Civil Rights Act of 1964, the Voting Right Act of 1965, Title IX of the Higher Education Act, and the Equal Rights Amendment. Senator Bayh will present a talk titled "Separation of Church and State: As Important Today as in the 18th Century." Read more about the Senator at the Huffington Post. Don't miss this talk by one of our nation's great civil right leaders!

Lunch with a Lawyer: Diana Mercer, JD'88

Lunch with a Lawyer features Diana Mercer, JD'88, at noon on Tuesday, Sept. 30, in room 124. RSVP on Symplicity. From 1:30 p.m. to 3:30 p.m., Mercer will also provide 20-minute career coaching sessions with students. One-on-one sessions are limited to the first six students who sign up via OCI in Symplicity. Mercer is the co-author of Your Divorce Advisor: A Lawyer and a Psychologist Guide Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). She is also the founder, Peace Talks Mediation Services, Los Angeles, a divorce mediation practice which teams lawyers with family therapists in a cooperative, co-mediator setting to assist families in resolving divorce and custody disputes in a constructive, informed, and pro-active manner. Mercer worked as a litigator in a top law firm for years and also has experience with the entertainment industry so her network and professional experiences are extensive. She is eager to share her advice and career expertise with 2L and 3L law students during her visit

Dress for Success Presentation at Andrew Davis Menswear

The Office of Career and Professional Development and Andrew Davis Menswear invite you to attend a presentation on dressing for interviews, work, and play from 7 p.m. to 8:30 p.m. on Thursday, Sept. 25, at 101 W. Kirkwood, Suite 119. Andrew C. Mallor, JD'74, and partner of Mallor Clendening Grodner & Bohrer LLP, Bloomington's largest firm, and owner of Andrew Davis Menswear, and Professor Donald Gjerdingen will discuss: Dressing for Interviews; Quality Clothing and The False Economy of Cheap Suits; Business Attire: What is Casual Dress. Try on a suit and get a free tie! Special JD pricing for interview suits will be available. Beer, wine and light fare provided. RSVP on Symplicity.

Support the Right to Vote

Does this election matter to you? Does voting matter to you? Indiana's voter ID law has been upheld by the Roberts Court, making it even more important to have trained poll watchers here in Bloomington and around the area to ensure that people (especially students) are not illegally disenfranchised. Come to a quick (10 min, so as not to run into the SBA event) presentation by a Campaign for Change staffer about becoming a poll watcher at 5:30 p.m. at Nick’s English Hut. Democratic Party affiliation is NOT a requirement for all positions here in Indiana. For more information, contact Ted Brassfield (

Oliver Winery Silent Auction, Wine-tasting

The 16th Annual Oliver Winery Silent Auction and Wine-tasting will be held from 7 p.m. to 9:30 p.m. Tickets are $10 for members of ELS and $15 for non-members. This event is a great opportunity to socialize with other law students and professors. Tickets are on sale in the Law School lobby. Please e-mail Margaret Tucker at if you have any questions.



PAD Applications, Fees Due

All students interested in joining Phi Alpha Delta (PAD) legal fraternity should put their applications and initiation fees in Kelli O'Neil's (2L) mailbox before today. Contact Kelli O'Neil at with any questions.

Resume Writing for International Students and ISIP Information Session

International students wanting to learn how to write resumes that will meet the expectations of American recruiters can attend "Resume Writing for International Students" from 11 a.m. to 11:40 a.m. in room 121. Assistant Dean of Career and Professional Development Michael Keller will present the program. Immediately following the resume presentation, the International Student Internship Program Information Session will take place from 11:40 a.m. to 12:30 p.m. Assistant Dean for International Programs Lesley Davis and Lara Gose will talk about New York University School of Law's International Student Internship Program. A resume will be needed for the ISIP. Internship opportunities are available only to LLM, MCL, and SJD students.



PILF Softball Tournament

The 8th Annual Public Interest Law Foundation (PILF) Softball Tournament will be held at Bryan Park. Start thinking about teams, and don't forget to ask a faculty member! Even if you don't play, come support your team! For more information, drop by our table in the lobby.



Pro Bono Fair and Awards Ceremony: Sept. 29

Celebrate Indiana Law's pro bono commitment and learn the many benefits of taking on pro bono matters as a student attorney at noon on Monday, Sept. 29, in the lobby. Food will be provided by The Bakehouse. Attorneys from Baker & Daniels (Indianapolis) will recognize outstanding students who have excelled in pro bono activities. Immediately following, representatives from student and community organizations will be on hand to describe the full range of pro bono opportunities for Indiana Law students. All projects offer outstanding practical experience and fantastic networking opportunities for students at all levels. Time commitments vary from one hour per week to semester- or year-long projects. For more information, contact Rachael Yates ( or Judy Reckelhoff (

Indiana Court of Appeals Oral Argument: Sept. 29

The Indiana Court of Appeals will hear oral arguments in Mishler v. State at 6 p.m. on Monday, Sept. 29, in the Moot Court Room. Appellant-defendant Paul L. Mishler appeals his convictions on two counts of Child Molesting, a class A felony, claiming that the trial court erred in admitting the child victim's pretrial statements and videotaped interview into evidence at trial. Mishler contends that the statements and interview failed to satisfy the admissibility requirements of Indiana Code section 35-37-4-6, the "Protected Person Statute," and that the admission of the victim's statements violated his right to confront witnesses testifying against him. Mishler also argues that the evidence was insufficient to support the convictions and that the 50-year aggregate sentence was inappropriate in light of the nature of the offenses and his character.

Firestone President Dan Adomitis: Sept. 30

President of Firestone Natural Rubber Company Dan Adomitis will be making a presentation entitled “Burning Rubber in the Corporate World: How I Use My Law and Economics Degrees” at noon on Tuesday, Sept. 30, in the Moot Court Room. The Business & Law Society and Office of Career and Professional Development invite you to come hear Adomitis recount his journey from law school to federal clerkship, from private practice to in-house counsel, and from running Bridgestone’s international operations in Africa to executive leadership at Firestone. Lunch will be provided. Please RSVP on Symplicity for this event.

Socctoberfest: Oct. 10

Are you ready for some fútbol? The Sixth Annual JD/LLM Socctoberfest will be held from 4:30 p.m. to 6:30 p.m. on Friday, Oct. 10, 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 Pelé, 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. A Web site will be online next week to provide students with additional information on the event.

Indiana Supreme Court: Oct. 16

The Indiana Supreme Court will be hearing arguments on Klotz v. Hoyt at noon on Thursday, Oct. 16, in the Moot Court Room. In a dispute between a landlord and tenants regarding the payment of back rent and return of the security deposit, the Delaware Circuit Court entered judgment for the tenants. The Court of Appeals reversed. Klotz v. Hoyt, 880 N.E.2d 1234 (Ind. Ct. App. 2008), vacated. The Supreme Court has granted a petition to transfer and has assumed jurisdiction over the appeal.

Faculty and the First Amendment: Oct. 16

Steve Sanders, an associate with Mayer Brown in Chicago, will present “Faculty and the First Amendment: the Illusory Protections of ‘Academic Freedom’” at 4 p.m. on Thursday, Oct. 16, in the Moot Court Room. His talk will focus on a number of recent court cases that threaten to erode the free speech rights of public university faculty, placing the cases in the context of a more general argument: that those of us who are or have been denizens of academia tend to assume the law gives more special protection to our work than it actually does. He will be introduced by former Vice President for Academic Affairs and Bloomington Chancellor Ken Gros Louis.



Geyh Seeks Research Assistant

Professor Charles Geyh seeks a research assistant to help him with a writing project on courts–Congress relations. Hours are flexible, with an average commitment of 5 to 10 hours per week. Interested students may email him with a copy of their resume at

Diversity Job Fair

The Indianapolis Bar Association invites first-year law students (2010) to participate in the first ever IBA Diversity Job Fair Thursday, Sept. 25, and Friday, Sept. 26, in the Embassy Suites in Indianapolis. They are seeking candidates who represent all aspects of diversity who are looking for a one-of-a-kind legal community in a Midwestern city.

Free MPRE Review Course

Kaplan PMBR has an online review course for the MPRE exam. It includes online access to the MPRE lecture, substantive outline book, and practice questions and exam with detailed answers. Available in early October, students can get a jump on preparing for the MPRE by watching the lecture whenever they want and as often as they need. Pre-register at 800-523-0777 or with a student rep: TaKeena Thompson, Amanda Meglemre, Amber Collins. This is FREE to November test-takers! No deposit required.

Sherman Minton Moot Court Competition

The 2008-09 Sherman Minton Moot Court competition gets underway on Oct. 10. Oral arguments will take place from Oct. 10 through Nov. 10. Oral arguments will be held most weeknights and on Saturdays. Weeknight sessions will begin at 6 p.m. and 8 p.m. during the fall rounds, with Saturday arguments beginning at 10 a.m., 1 p.m., or 3 p.m. Most of the second-year class traditionally participates in the annual competition, which is also open to third-year students who have not previously competed. For more information, including a schedule of events, visit The Sherman Minton Moot Court Competition Web site.

Scheduling Events

All e-mails 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.