March, 1983 Vol. 5, No. 4 Indiana University School of Law, Bloomington, Indiana Ranking the ranking: Van Alstyne's study In a recently released survey of the nation's 165 law schools, the Indiana University School of Law did not mke the top 40 schools. The Bloomington law school fell in a second group of 11 schools, including the University of Wofre Dame Law School, just below the top 40. The Survey was conducted by Professor Scott Van AIstyne of the University of Florida Law School and published in the American Bar Foundation Research Journal, p. 649 (1982). In Van Alstyne's survey six other Big Ten schools made the top 40. Within Indiana the IU School of Law at Indianapolis was third best, while ranking in Van Alstyne's third group of 48 schools. Valpariaso University School of Lew is "way down there," according to Van Alstyne. A 1980 update of the well-known Gourman Report ranked IU-Bloomington School of Law 30th out of 160 schools in the nation. Following is a response to Van Alstyne's survey by AssistantDean Karen Cutright. A favorite indoor sport, similar to "my daddy is bigger than your daddy," is "my law school ranks higher than yours." In the latest issue of the American Bar Foundation Research Journal, Professor Scott Van Alstyne of the University of Florida College of Law analyzes the factors considered in past rankings of law schools and other educational institutions, and suggests that regardless of the actual quality of a particular school, some schools possess an image of rank and prestige which may or may not be related to their quality. Van Alstyne begins by a review of the literature and concludes that prior attempts at ranking are replete with difficulties in arriving at objective criteria. He then analyzes factors which have been or might logically be used as criteria; he concludes that all fall short of objective criteria. For example, he states that the number of faculty listings in Who's Who in America might be considered as one criterion for ranking. However, he points out that use of this factor poses troubling questions, such as whether the number of faculty listed in Who's Who should be considered in a ratio to total faculty or in terms of absolute numbers. He speculates that some listings may be suspect, and the fact that the mere listing in Who's Who carries its "own notion of prestige" presents additional evaluation problems. As another example of the problem, he analyzes student-faculty ratios. While this might seem to be an objective factor, he points out that even though a school's overall student-faculty ratio might be quite low (and therefore presumably indicate high quality), it must be remembered that classes differ greatly in size, and that law school first-year classes traditionally have heavy enrollments — all of which suggests that a single overall student-faculty ratio may be less than useful as a criterion. After discarding past attempts at ranking because of similar weaknesses in the criteria chosen, Van Alstyne concludes at page 679 that " . . .. any ranking of law schools, or even a selection of a "top ten" is not only fruitless but misleading." However, he believes that there are qualitative differences among law schools, and that he has been able to identify two groups of law schools with "unmeasurable but nonetheless real and substantial differences." That is, there is one group of "superior" schools, and then there are all the others. The most critical determinant of the school's quality, according to Van Alstyne, is the quality of the student body. To evaluate that particular quality, Van Alstyne looks to the median LSAT score and median GPA of each law school's entering class. He concludes that schools whose student body has a mediae LSAT of 650 or above and a median GPA of 3.25 or above are likely to possess the best students. These cutoffs were chosen because one half of the students at a law school with those credentials will have scored among the top 14 percent in the country on the LSAT and graduated with honors as well. The second criterion he looks to is the quality of the faculty, as determined particularly by faculty salaries and, even more particularly, by the salaries of the in- (Continued on page 12) Asst. Dean Karen Cutright New registration system Registration will be more streamlined in the fall, thanks to a new computer registration system. Law students will pre-enroll and register for fall classes during the first two weeks of April instead of going through registration in the fieldhouse in the fall. Enrollment at the law school in the fall will be the same as in the past, and there will be a normal drop-add period in the fall as well. Dean Leonard Fromm said students should note, however, that material they will be receiving in the mail from the University is wrong. That material will tell students they have an appointment to register in the Student Building. STUDENTS SHOULD DISREGARD THAT MAILING AND NOTICE IN THE IDS, BECAUSE THE PROCEDURE HAS BEEN CHANGED. LAW STUDENTS WILL BE REGISTERING IN THE LAW SCHOOL. Times will be posted after spring break. "Ultimately, the new system should save students at least an hour," Fromm said. All continuing law students will have completed registration before they leave for the summer. The new system will also change the billing procedures. Students will be billed over the summer for the fall semester. Students who plan to pay with loan or grant money will be able to arrange to have their fees deferred. Fromm said mope information will be available next month on details, and there will probably be some sort of meetings to explain the new procedures to students. Lectures March 25 Alison Morrison, "Justice for Children: Questions About the Role of Legal Representation." 12:00 Noon. April 4 Colloquium Stephen Morse (University of Southern California),' 'The Instanity Defense: Debate for the 80's." and Norval Morris (University of Chicago), "Criminal Responsibility and Mental Health." 3:00 P.M. April 15 David Vernon (Iowa Law School), "Clinical Legal Education. "12:30 P.M. Index Page Dean's Corner..............2 Opinions .......................2 Organizations................4 Construction .................6 ABA Meeting ............... 8 MSB Epidemic.............10 Crossword Puzzle........10 The EXORDIUM, March 1983, Page 2 Dean's Corner Dean Frank Motley For the Admissions Committee; the easiest decisions to make are the "admit" decisions — it is the rejection decisions that are difficult. Every year we are forced to deny admission to more than 900 students. The law school receives more than 1400 ap-plications for its 200 seats in the first year class; about 25% of the applicants are female and 15% are minority. We typically admit between 450 to 500 of the applicants in order to fill the 200 seats we have available. Of the 200' enrollees, approximately 33% are female and 15% are minority. Indiana has two unique aspects to its admissions program. We have a "rolling admissions" policy which means that we admit students throughout the admissions cycle. Second, Indiana is one of the few law schools that have an "accelerated program" Which allows students to graduate in 27 months. Both aspects make us particularly attractive to students who are not able to meet the regular deadlines of most schools or students who wish to accelerate their date of graduation. Most applicants apply to Indiana by the middle of January. The Admissions Committee meets to review their credentials and makes decisions by the middle of April. Throughout the spring and summer the Committee meets to review new applications; however, the later in the cycle the application is sent to us, the less likely it is to receive favorable treatment because fewer seats are available. Applications fall into two categories: (1) the presumptive admission group and (2) the discretionary group. As Dean of Admissions, I review the applications of those students who fall in the presumptive (or automatic) admit group. Typically these students have very high LSAT and GPA profiles and are admitted "automatically" unless I discover something in the file which suggests a closer scrutiny of an application by the Admissions Committee is justified (e.g., where an applicant has been dismissed for infraction of an academic or social rule of the university). The Admissions Committee is composed of three law school faculty (this year they are: Chairman Douglass Bosjikoff; Professors Julia Lamber and Bryant Garth); two law students (Ariane Schallwig and Al Fenner); and myself. Students whose statistical profiles (LSAT and GPA) fall below those with the highest LSAT and GPA profiles are placed in the discretionary category. The Committee reviews applications in this category by dividing and critiquing them individually. Before a negative decision is made on any individual applicant, his or her folder is read by at least two faculty members and a law student. Often we spend several hours discussing the strengths and weaknesses of various candidates in this discretionary group. There is a serious commitment to reviewing the files in great detail in order to arrive at the best decisions the Committee can make. By the time you read this column, we will have made most of the decisions and I will be spending several hours in my office talking with candidates whom we have admitted and who want to know more about the law school. I will also be counseling students whom we have not admitted as to what they might do to improve their record for purposes of future admission at Indiana or how they might go about applying to other professional or graduate programs. The accompanying charts describe the current admissions picture and give some historical perspective to our success over the years. We have instituted several new programs to increase the interest of students in our law program. Annually we host a Spring Law Day at which the newly admitted students can come to the law school and meet faculty and students. We regularly host tours of the law school so that prospective students might have a sense of what law study at Indiana is like. We work with the prelaw advisors in the Health Professions and Prelaw Office on campus' monitor the progress of Indiana undergraduates who are applying. I regularly speak in the dorms and at career day programs sponsored by departments on campus and at colleges and universities throughout the state and region. We make extensive use of alumni in recruiting student from across the country. From time to time we sponsor meetings of prelaw advisors from around the state. We have hosted a Minority Prelaw Students Workshop to encourage greater minority interest in legal study, Proud of the above programs, we nonetheless realize there is always need for improvement and we welcome suggestions from students and faculty as to how we migte do just that. APPLICATION for 1983-84 EXORDIUM staff The EXORDIUM is only as good as you make it Name Current year I am interested in the following positions or areas: —— Editor-in Chief __Features Editor —— Managing Editor __Features Writer —— Copy Editor __Advertising sales __ Assignment Editor (commission paid) __ Organizations Editor __Crossword Puzzles __ Layout & Design __Cartoons __ Photographer __Other (specify) NOTE: Several positions for individual story or feature writers are available. Please describe any experience you have had with other publications. ____________________________ Please list the three most convenient times during the week for you to be interviewed fora position. 1.Day: Time: 2. Day: Time: 3. Day: Time: Please return this application to Lynn, Dean Fromm's Secreetary (Room 014) by Friday, April 1 at 4:00 P.M. Thank you for your interest. Opinions To the editor: When I first arrived here to begin law school, I had already had my fill of horror stories about cutthroat law students. "Never turn your back in class," I was told. I tolerated the competitiveness of some students. I have even overlooked the missing volumes that mysteriously turn up the day after I needed them. These instances seemed to be the exceptions; friendliness and cooperation seemed to be the rule, and I believe they still are. But one recent incident has left me terribly disillusioned about the moral values of some of my classmates. One of the most useful legal placement books is the Summer Legal Employment Guide. It is published every year to provide information about many jobs around the country. I paged through the placement office copy a few weeks ago, intending to return and copy down several listings. But when I returned, I learned that it had been stolen from the placement office. It is tough enough to find decent summer employment in today's economy without having valuable materials such as this guide disappear from the placement office. Mary Kay Moody told me that several things disappear every year, presumably, stolen by students seeking an edge over their classmates. I find it appalling that anyone in our school would stoop so low to "beat" others. Incidentally, for anyone out there who hasn't taken Criminal Law yet, taking materials from the placement office constitutes theft under Indiana Law. Whoever took the Guide apparently knows so little about the law, or at least cares so little about it, that they shouldn't get hired anyway! To the culprit or culprits responsible for thefts from the placement office, I have nothing but contempt. You may think you're helping yourself in the short run, but you are hurting all of us in the long run. Do yourself a favor: STOP IT! Jayl Rigdon The Exordium 1982-83 Staff Elizabeth Powell........................ Editor-in-Chief Mark Wagner......................... Managing Editor Ron Sentman ............... Associate Managing Editor Roger Kessler...................... Business Manager Denise Sejna ..................... Organizations Editor Zaldwaynaka Scott....................... Senior Editor Candance Grass ........................... Copy Chief Thorn Satrom .................... Associate Copy Chief Dean Leonard D. Fromm................ Faculty Advisor Staff Assistant: Leslie Mead Advertising Staff: Larry Elman, Stu Katz. Photographers: Greg Wagner, Eric Segarra Letters to the Editor must be signed, though names will be withheld on request. All other editorial contributions are welcomed. Contributions become the property of the Exordium and may be edited. The EXORDIUM, March 1983, Page 3 Kimberlin ease to test hypnotic witnesses Reprinted with permission from Judicature, the Journal of the American Judicature Society, February 1983, by Steven Abrahams. In the Metropolitan Correctional Center just south of the Loop in downtown Chicago. Brett Kimberlin waits in a cell for his moment to write a line in federal legal history. In October 1981 a federal jury in Indianapolis convicted him for six out of a series of eight explosions in that city's suburb of Speedway. The blasts of the "Speedway bomber," as the press dubbed the perpetrator, destroyed a police patrol car, several garbage bins, mangled a man's leg and injured his wife. Kimberlin's trial lasted 53 days and involved 118 witnesses and hundreds of exhibits, in the end Kimberlin, then 27, was convicted and sentenced to 50 years. However... Six of the prosecution's witnesses, who identified Kimberlin as having bought components for making bombs, had been hypnotized before the trial to enhance their memory. Federal criminal investigators rarely use hypnosis on potential trial witnesses. If Kimberlin can convince the U.S. Court of Appeals for the Seventh Circuit in Chicago that hypnosis tainted those witnesses, which would be the first federal ruling on the admissibility of hypnotically enhanced testimony, his conviction could be reversed. The odds seem to run in his favor. Before 1968 hypnosis had a carnival hall reputation for all but psychological therapy, and was almost never used criminal investigation. Then that year the Maryland Court of Special Appeals, in Harding v. State (246 A, 2d 302), ruled that hypnotically enhanced testimony was admissible, trusting in the jury's ability to properly weigh such evidence. After a brief honeymoon, doubt about the efficacy of hypnotically enhanced testimony resurged, and courts began drawing guidelines on the use of the technique. Today many states follow the guidelines set out by the New Jersey Superior Court in State v. Kurd (432 A. 2d 86(1980), which requires a psychiatrist or psychologist to conduct the hypnosis, and which warns that the hypnotized subject's memory can be heavily influenced during the process. The FBI, the Bureau of Alcohol, Tobacco and Firearms, and U.S. attorneys all have detailed guidelines for their use of hypnosis. Many supporters of forensic hypnosis base their positions on an "exact copy" theory of memory, which sees the mind as a continuous, accurate recorder of events. Under hypnosis a subject is asked to relax and trust the hypnotist, and the mind is then led to concentrate on events. Critical judgment is suspended. Hypnosis penetrates what psychologists call the "superego," which usually suppresses deeply troubling memories, such as ones associated with crime. The process, its advocates say, thus helps the mind play back its record. However, against the voices of praise for hypnosis has risen a chorus that says hypnosis does not belong in the courtroom. And courts have begun to agree. Critics of forensic hypnosis say that memory is a patchwork of impressions rather than a smooth stream, and that information can be added to the memory later and made to seem part of the original impression. The need for the hypnotized subject to trust the hypnotist makes it easy for the hypnotist to suggest what the subject should remember. Ofter a hypnotized subject confabulates, invents things to fill the gaps in memory. Martin Orne, a psychiatrist and director of experimental psychiatry at the Institute of Pennsylvania Hospital, says that hypnosis can't "refresh" memory because "you create memory anew each time you remember." One of the most recent and extensive rebutals of forensic hypnosis came in Bernard Diamond's 1980 article in the California Law Review, "Inherent Problems in the Use of Pretrial Hypnosis on a Prospective Witness." Diamond, a professor of law at the University of California. Berkely, and a professor of psychiatry at the University of California, San Francisco, wrote: "I believe that once a potential witness has been hypnotized for the purpose of enhancing memory, his recollections have been so contaminated that he is rendered effectively incompetent to testify. "Hypnotized persons," Diamond continued, "being extremely suggestive, graft onto their memories fantasies or suggestions deliberately or unwittingly communicated by the hypnotist. After hypnosis the subject cannot differentiate between a true recollection and a fantasy of suggested detail. Neither can any expert or trier of fact. "The risk is so great, in my view, that the use of hypnosis by police on a potential witness is tantamount to the destruction or fabrication of evidence.'' In 1980 Minnesota (State v. Marck (292 N.W. 2d 764) and in 1981 Arizona State v. Mena (624 P. 2d 1274) rejected the use of hypnotically enhanced testimony. The Arizona court in 1982 reaffirmed its 1981 decision in Collins v. Superior Court (644 P.2d 1266) finding hypnosis not "generally accepted in the scientific community as a reliable tool to enhance memory accurately," and that the pseudo-memories created by hypnosis deprived a defendant of the Sixth Amendment right to confrontation. "Hypnosis is typically used where there is little evidence and the crime victim wants very much to aid the police in any manner," the Arizona court wrote. "The subject may thus respond in accordance with what he believes the desired response to be... "The basic problem is that if a witness sincerely believes that what he or she is relating is the truth, he or she becomes resistant to cross-examination and immune to effective impeachment to ascertain the truth." Ironically, in July 1982 the Maryland high court reversed itself on Harding and ryled in Collins v. State (446 A. 2d 1272) that hypnotically enhanced testimony was unreliable and inadmissable. And late last year California, a state that many others look to for precedent, flatly rejected a role for forensic hypnosis in People v. Shirley (31 Cai. 3d 18 (1982). In writing the opinion, Justice Stanley Mosk referred to a 1923 U.S. court of appeals ruling in Frey v. United States (293 F. 1013 (D.C. Cir. 1923), which required a scientific theory to be "sufficiently established to have gained general acceptance in the particular field to which it belongs" before admitting it into evidence. He pointed put the sharp controversy over hypnosis among practitioners and academics and again warned of suggestibility and confabulation. As each of these state court decisions have come down, the key to Brett Kimberlin's cell door seems to have turned a bit. If the court of appeals rules directly on the issue of hypnosis and follows the examples of thes states, then the odds favor a ruling that will change the use of hypnosis nationwide. Perhaps the very hypnosis that helped convict Brett Kimberlin may ultimately set him free, and he will get his line in the legal books. White Rabbit copies HIGH QUALITY COPIES AT LOW PRICES FLYERS • NEWSLETTERS • BROCHURES CATALOGS • BUSINESS STATIONARY BUSINESS FORMS • POSTERS Quick Service • Xerox Copies Binding Available Typesetting & Layout 339-5020 110 SOUTH INDIANA AVE. White Rabbit Reproductions The Tudor Room presents a forty-item smorgasbord every Friday night which features this menu: Roast prime rib to order Selection of Entrees Specialty vegetables Homestyle Bread Salad bar Desserts $11.50 5:30-8:00 pm Entertainment Open to the public Free parking Mastercard and Visa accepted For reservations call (812) 335-1620 Tudor Room, First Floor Indiana Memorial Union 900 East Seventh Street Bloomington The EXORDIUM, March 1983, Page 4 Organizations PDP During the week of April 9-16, the Foster Inn, the IU Phi Delta Phi chapter will sponsor the 1983 Spring Symposium on Professionalism and Ethics in the Practice of Law. The Symposium has received the financial support of the American Bar Association Law Student Division, the Indiana Bar Foundation, as well as the law school and its alumnae. Originally, the program was designed solely to explore the issues surrounding the adoption or rejection of the Model Rules of Professional Conduct by the ABA House of Delegates and was built around a keynote speaker, Mr. Robert Kutak, the principal draftsman of the rules. The program design was harshly affected by the unfortunate and untimely death of Mr. Kutak, last month, but still promises to provide participants with unique opportunities to discuss contemporary professional responsibility issues. Among other speakers, Mr. Sheldon Breskow and Judge W. Ratliff, both members of the Indiana Supreme Court Disciplinary Commission, will address many issues of importance to practitioners in the State of Indiana, specifically, the impact of changes in the format and substance of the American Bar Association's rules governing professional conduct on the standards of the Disciplinary Commission. Student attendance at the Spring Symposium will be limited to those students who register during the week preceding the Symposium and to those students who are currently enrolled in the course in Professional Responsibility. Students who are interested in participating in the planning and administration of the Symposium may contact Julian Shepard, Symposium Director. Students who are interested in becoming members of Phi Delta Phi may contact Richard J. McConnell, the newly elected Magister (President) of the Foster Inn. In addition to its other activities, Phi Delta Phi continues to sell prints of the Phillip Thompson sketch of the law school building, which appears on the cover of the most recent edition of the Bill of Particulars (the IU Bloomington law alumni magazine). The prints, which sell for $7.50, are 11"xl4" and suitable for framing. The original drawing has been donated to the Indiana University Foundation, to be displayed in the new law school library addition in the rare book room. The print will bear the name of Mr. George B. Tofuate, a Terre Haute attorney and alumnus of the law school, the benefactor who made the gift possible. DTP The Delta Theta Phi Law Fraternity had its spring activation ceremony on February 23. Sixteen new members were initiated bringing the total membership of Banta Senate to 46. Delta Theta Phi, in conjunction with SBA and Dean Fromm, is sponsoring the upcoming "A Class Action/' This is a school party/dance to be held at the Pointe on March 26th (Parent's Weekend). Tickets will be $2.00 and on sale starting March 3rd. All students, faculty, friends, and parents are invited. Furthermore, Delta Theta Phi plans to continue sponsoring happy hours at Nick's this semester to which all students and faculty are welcome. DTP will also continue to accept new members. Anyone interested should contact Miteh McPeek, Rick Kissel, or any DTP member. SBA Preparations for several events and activities are in the making. The Student/Faculty Dinners are scheduled for attendance between March 21 — 31. A Demurrer's Club, possible, the last one of the semester, is being planned for the first or second week in April. The speaker and exact date will be posted. Don't fret you athletes — the SBA Spring Softball Tournament is also in the making. For immediate, but indefinite details, see Jeff Welch. Third years — the Graduation Committee is hard at work in an attempt to pull off the best graduation day yet, Speakers and Award winners will be announced soon, Please see any SBA officer for questions or to volunteer your services. Volunteers are not limited to third year status holders — we welcome the help of one and all. For further information see Marva Leonard. Caucus Women's Caucus will be involved in four activities during the remaining semester. The first is the sponsorship of a "Rape Awareness" program spotlighting the types of assistance given to rape victims. Connie Dyer, the head of the Bloomington Rape Crisis Center, will speak at a pot luck dinner on Tuesday, March 8, The discussion will also include how law students can assist the center. The National Convention of Women in the Law will be held in Washington D.C. from April 7 through April 10, Students who are interested in attending should contact Becky Fredricks. The theme of this year's conference is "Unity and Empowerment." To help subsidize expenses of IU students attending the conference, The Women's Caucus will hold its annual auction on Thursday, March 24 at 4:30. The auctioneer will be Mr. Bryant Garth who will attempt to beat Mr. Pratter's record-breaking $880 which is the amount raised in last year's auction. Once again, Caucus is requesting the assistance of the faculty and the staff to help make the auction work by donating items or services. Past donations include baked goods, tennis games, and "cootie games." Students will be contacting you about your donation. We would like to know if you will be participating by March 18. Contact Karen Jordan. Finally, the Caucus will sponsor an alumni weekend on April 16. Any students interested in helping to organize the program should contact Becky Fredricks. The Daily Grind OF BLOOMINGTON Cheesecake Choose from these flavors: Kilimanjaro Praline New York Chocolate Swirl New York Double Chocolate Creme DeCacao Fudge Open 8 am 'til midnight every day Dunnkirk Square 339-6038 T.I.S. BOOKSTORE & PHARMACY LAW TEXTBOOKS new & used GILBERT & EMANUEL LAW SUMMARIES HORNBOOKS, DICTIONARIES WEST NUTSHELL LAW SERIES All available at .I.S. 1302 E. 3rd St. 332-3306 (Visa & Mastercard welcome) The Wine Cellar 108 S.College 1.95 LUNCH SPECIAL TUES.-FRI. 11:30-2 P.M. Evening Entrees Thurs.-Sat. 4P.M.-12A.M. Imported Beers, Stouts & Ale on Draft LIVE JAZZ EVERY TUESDAY SPAGHETTI SPECIAL EVERY WEDNESDAY DELICIOUS DESSERTS, SANDWICHES, FONDUES & CHEESES ALWAYS AVAILABLE The EXORDIUM, March 1983, Page 5 Sports center holds meeting By GRETCHEN WEHRENBERG Is a college athlete on scholarship entitled to worker's compensation if he is injured while participating in his sport? This and other questions were discussed by panelists at the recent "Law and Amateur Sports" symposium in Indianapolis, according to Dean Karen Outright, one of the moderators. The symposium was sponsored by the Center for Law and Sports at Indiana University Law School. Cutright and Prof. Harry Pratter are Associate Directors of the Center and organized this national conference. Former Prof. Ronald J. Waicukauski spoke to one panel, addressing a recent Indiana Supreme Court decision denying workmen's compensation to an injured college athlete. The panelists were David Abrams, Labor Relations representative. Alien Sack, executive director of the Center for Athletes Rights and Education, John N. Shanks, II, chairman of the Industrial Board of Indiana, and Jack R. Wentworth, faculty representative to the Big 10 Conference. Waicukauski argued that if an athlete doesn't play he doesn't get a scholarship, according to Cutright. The scholarship is compensation for an athlete's service to the college. Instead of getting paid they get tuition, room and board. Thus, when a player is injured during practice he should be compensated. "The Supreme Court just looked at the tender offer and decided that it was not an employment contract," said Cutright. "Waicukauski's view is more realistic." Sack said that an athlete is not fairly treated by the high school or college, according to Cutright. They are risking injury and if they are injured they are out of a scholarship. They need more guidance for their decisions. "The most interesting thing about the panel was their degree of unanimity that the student athlete is in a different position from other students and some recognition has to be made of that fact," Cutright said. "They were not unanimous on what should be done." Cutright also moderated a panel discussion on amateur eligibility for Olympic sports. Panelists included Alvin Chriss, administrator for The Athletics Congress, Don Kardong, president of the Association of Road Racing, and Ronald Rowan, former counsel for the International Olympic Committee. The problem with eligibility is the incredible complexity of the rules, Cutright said. "Congress created the U.S. Olympic Committee (USOC). The Committee created national governing bodies (NGBs) which set their own eligibility rules/' said Cutright. "The International Olympic Committee has its own governing bodies which are not coordinated with the U.S. NGBs." The speaker, Peter Alkalay, discussed an example of the conflicts arising from these rules, the plight of Ronaldo Nehemiah, professional football player for the San Francisco 49ers. Nehemiah wants to compete in track and field in the Millrose Games. The track and field governing body in the U.S. said he could compete since football was not any direct help in track and field. The International governing body said he was not eligible. Nehemiah brought suit to enforce the U.S. governing body's decision. The court asked the USOC which said the International governing body did not have jurisdiction over a domestic competition. Therefore, Nehemiah was eligible. The International governing body changed its rules making a competition in which a resident foreigner competes an international competition. Once again, it had jurisdiction and Nehemiah was ineligible. The reason that there is such controversy over the rules according to Cutright, is that amateur athletes make a lot of money. But there are a lot of problems with the rules. "Would a professional ballet dancer be an amateur runner?'' said Cutright. Deciding who is a professional is important for reasons other than money. A professional who runs in an amateur competition may "contaminate" the amateurs and ruin their standing for future international competition, Cutright said. Start your first semester on the right foot... ...shop your IU Bookstore first. Textbooks: Gilberts, Horn Books, C.E.S., Nutshells Supplies: Legal Pads, Folders, Brief Cases, Tape Recorders Services: Copy Machines, Cassette Copies, Check cashing, Book special orders Conveniently located at two on-campus locations! YOUR BOOKSTORE FIRST NATIONAL BANK of Bloomington Established 1871 Member F.D.I.C. (812) 332-6351 P.O. Box 608 Bloomington, IN 47401 South: 2142S. Walnut West: 3023 W. Third (Inside Highland Village IGA) North: 1711 North College (Inside Cascades IGA) Main Office: 100 S. College Drive-In: 217 W. Kirkwood Motor Bank: 114 N. Madison Eastland: 2642 E. Third Respected men & women of the law dress respectably. Looking successful will help you in every facet of your career, whether you want to win the summer internship, the law partnership or the court trial. Come see our excellent selections of conservative chalkstripes, pinstripes, glen plaids and solid tones. Priced from $245. Whitesides DOWNTOWN COLLEGE MALL TYPING: RESERVE NOW FOR TERM PAPERS & DISSERTATIONS Are You Job Hunting? Writing repetitive resume letters? Our IBM Memory Machine gives error-free, personalized original leters at a fraction of the cost in a fraction of the time. Call us today for details. Term Papers Dissertations Resumes Cassette Tapes Quality that's appreciated... ask our customers! SECRETARY SUE'S 332-6611 703 N. Walnut The EXORDIUM, March 1983, Page 6 Hole in addition as well as behind school The big hole behind the law school is not the only hole in the $11 million library addition/building renovation project. The other "hole" is of a different sort, but it too is big — $6 million big. The project was divided into two segments to allow the Indiana Legislature to spread the cost over two terms. When ground was broken for the library addition last November, the Legislature had approved only $5 million in budget authority for Phase I — laying the foundation, raising a shell and installing utilities for the addition. Phase II involves a $6 million remodeling of the existing building and completion of *the addition. Bonding authority for Phase II is still pending. The sticky question is whether the Legislature will approve new budget authority for any capital development project this term. Currently, things are not very encouraging. But this does not mean the law school is not working on it. The administration has been lobbying the Indiana members actively. Recently the Bloomington and Indianapolis law schools held a legislative breakfast for attorney legislators. The focus of the gathering was funding for Phase II. The bushes are also being beaten for support outside the legislature. Every little bit helps. Not only must the budget burdened legislature be persuaded that this project has merit over other capital development projects, but the law school is maintaining its lobbying effort without support from the Higher Education Commission. The HEC is against the project because in its collective wisdom there are capital development projects within the University which are of a higher priority — the cyclotron and chemistry building expansion/renovation to name two. (One cannot help but think somewhere in its opposition the HEC is expressing its sentiment for lawyers.) If the Legislature does not approve budget authority for Phase II this term, there is always next term. The law school will try again to be at the front of the line. Obviously a lengthy delay will only result in higher construction costs. Once funding for Phase II is approved and work is ready to begin, the law school will have to face the problem of what to do with classes for 600 students, not to mention dozens of faculty, administrative, library and support staff offices. The term "major remodeling" is just that — MAJOR. For example, the first floor hallway will be shifted towards Indiana Avenue several feet allowing for two semi-circular classrooms and a new auditorium on the east side of the first floor. The slopes in the present auditorium and classrooms will be completely changed. Extensive work is also planned for the ground floor, as well as some work on the second floor. Moreover, the library staff will need to figure out what to do with hundred thousand volumes amidst an unfinished addition and renovation of their current space. Some of us will not be around for all the fun, many of us will. The law school is not a M*A*S*H unit so any evacuation will not be easy. The alternative to moving out - putting up with the renovation — is one most of us would rather not face either. But Phase II could come, possibly as early as December, 1983. Maybe later, that is up to the Indiana Legislature. Through the teeth rattling jack hammers of Phase I and all the hassles Phase II will bring, we should remember how badly this project is needed. A law school wh been virtually untouched for 30 years and sports a cramped, under-supplied library cannot maintan such credibility with prospective students and facultly, much less with the ABA. The law school reflects our legal education. We all need to support this project, not just put up with it. This includes students, alumni and soon-to-be alumni. Then when its finished, maybe the IU School of Law can compete with the top 40 law schools in the next Professor Scott Van Alstyne Law School Survey. The EXORDIUM, March 1983, Page 7 This story behind the stories By TODD GROFF It is often said that the mind concentrates most effectively against a subtle background of static or repetitive noise. If it had been only one...tat-a-tat-a-tat...type of sound presented on one or two... beep-beep-beep. . . different ways I might have had more...chug - chug - chug -chug....peace. But this was some new, architectural version of the Chinese water and silent tortures. In minutes it left you shaking, anticipating only the next aggravating disturbance. During the day it was tolerable. It could be blocked out by focusing on the soothing drone at the front of the room. At night, however, the mechanical cacaphony was at best unsettling, at worst, maddening. I left the library and went down into the murky bowels of the building to put my books away. The construction had never gone on so late before — it was almost midnight. Any construction job I'd ever worked on usually didn't get underway until 10:00 A.M. and always, always quit by 3:00 P.M. I started. Could this be a non-union outfit? Just as my paralysis subsided I had another scare. One of the workers was striding down the hall toward me. I've seen blue-collars waddle and amble before, but this one was striding. He looked normal enough, unshaven, red-eyed, dirty, toolbelted. Then I noticed his shoes. Not boots, shoes, Black, shiny shoes. Black, shiny CIA shoes! "Hi, "I managed to utter as he strode past. "Lo," he volleyed gutterally before leaving the corridor. Something was strange but I didn't have time to think before the tapping started again. Then I had to get outside. A truck was either loading or unloading at the dock as I exited. What a weird time for deliveries, I thought. Then I recognized the smell that I had vaguely noticed on other occasions when I had used that door. A smell from my childhood, wafting sweetly from my days as a youngster digging glowing earthworms from the municipal dump site. My stomach recoiled. Toxic Waste! There, in the eerie light of the cloud covered moon, an ugly picture painted itself. We'd been duped. The new library was a mere facade for this devious ploy of the government. I remember the vow the bar had sworn before the Ecology Alliance before construction could begin, "We promise one honest lawyer for every tree we chop down." Well this was one filthy secret that wouldn't stay buried. But now I was curious. Was this the only deceit, or the tip of a multi-headed scheme. A nearby tree read my mind. "No son, there's more, much more." The telepathy didn't frighten me, nor did the speech, but when the tree calmly walked away toward the center of the woods I knew the dumping had already gone too far. I noticed that the "tat-a-tat-tat" and the other sounds had a common origin. There, in the twilight, I barely discerned a pulsating mechanism planted near the extant foundation. An ingenious device designed to both simulate the sounds of a construction crew and disorient the thoughts of anyone who might give the emerging enigmas of the new addition more than a cursory probing. My God, I should have detected this charade earlier. Millions spent just to dig a hole outside the only building where no one looks out the windows. An entire law-school fabricated to hide an illegal dumping site. Even a sham administration was developed to minister to an absurdly small number of students. My LSAT score couldn't even console me now. I felt so used. I tried to leave through the grove, but a huge canvas-covered barrier had been erected during the night. As I vainly tried to scale it, the canvass fell away, revealing a long, cyndrical shape. In the moonlight I could read the MX-rated message dispassionately stenciled on the side. Suddenly I understood the diabolically interwined significance of Phase I and II. The logic of the Republican legislature was clear: 1. Where you have already got a social dumping ground, a few chemicals cannot hurt. 2. If you have to dig a hole you might as well build a silo. 3. Where the chemicals and the silo must remain secret and you would prefer the social refuse to be less unknown, implement Phase II and smooth things over with a new library. Now everybody's happy and Ronnie will get rockets for Christmas. But I'm scared. The drinking fountain just belched a green noxious vapor. I can't sleep knowing that "dense-pack" theory has been replaced by "open-stack-pack." If only I hadn't seen them painting cross-hairs on the observatory scope... The EXORDIUM, March 1983, Page 8 A change in the Model Rules of Professional Ethics Proposals to change the Model Rules of Professional Ethics and the jurisdiction and structure of the federal court system dominated discussion at the American Bar Association's midwinter meeting in New Orleans. After five years of drafting and discussion, the ABA's House of Delegates approved a code of ethics to replace the present code adopted in 1969. The code is expected to receive final approval at the ABA's meeting in August. The approval of the ABA Commission on Evaluation of Professional Standards came shortly after the death of the Commission's chairman Robert Kutak. Kutak chaired the commission, which has come, to be known as the Kutak Commission, for five years. Most state legislatures and courts adopt the ABA code to enforce disciplinary rules against attorneys. Confidentiality The issue of confidentiality dominated two days of intense discussion. The delegates struggled with the ethical consideratons involved in the disclosure obligations of lawyers representing corporate clients; an attorney's role in situations involving perjury; and the obligations of lawyers to disclose confidential information to third parties as a way to avoid'"assisting" a crime by a client. The existing code permits lawyer to reveal confidential information from a client in order to prevent a crime — such disclosure is not required. The Kutak Commission's proposal recognized that a lawyer's duty to the public may in some instances transcend duty to a client not to disclose confidential information. "These rules are written not only to protect the lawyer, but to protect the public," said Robert W. Meserve, the newly appointed chairman of the commission. "The public will not understand if we don't do something,'' said Meserve of Boston's Palmer & Dodge. However, the delegates rejected several key proposals on confidentiality. John C. Elam, past president of the American College of Trial Lay wer's, said the public would lose all confidence in attorneys if the ABA adopted a rule requiring disclosure. _______________________________________ "These rules are written not only to protect the lawyer, but to protect the public. The public will not understand if we don't do something"' _______________________________________ "The reason we have this is so the client will tell us every tiling," said Elam of the Columbus, Ohio, firm of Vorys, Sater, Seymour and Pease. The delegates supported an amendment that speeifcally prohibits lawyers from disclosing client confidences, even to prevent a crime. In the end the House of Delegates agreed to only two exceptions to the client confidence rule. They agreed that disclosure is permissable in situations where "imminent death or substantial bodily harm" is likely, and to correct perjured testimoony or false documents submitted to a court. __________________________________________ "The public would lose all confidence in attorneys if the ABA adopted a rule requiring disclosure" __________________________________________ "Lawyers will not sponsor perjury; that will never change," said Meserve. In support of the right to disclose, delegates argued that a trial judge would not allow an attorney to withdraw from a case without a reasonable explanation. Though the disclosure debate was heated, Yale Law Professor Geoffrey C. Hazard Jr., suggested that the Kutak Commission's suggestion was not totally at odds with the adopted provision. "The toughest part is disengagement with a fraud," said Hazard. He suggested there appears to be some agreement between the two sides on those steps. For, example, if a lawyer whose client is involved in securities fraud withdraws from a case and lets that be known to shareholders (for instance by withdrawing an opinion letter) that action might satisfy both groups. The trial lawyers' insistence on confidentiality is not violated (because the reason for withdrawal is not given) and the ABA commission's desire to protect the public also is given. Hazard said he hopes the differences between teh groups can be partially reconciled as comments are drafted for the final presentation at the August meeting. However, some see the issue presents a "tough drafting problem." Further changes in ethic's code The House of Delegates approved changes more pertinent to the day-to-day practice of law than confidentiality the issue. The delegates agreed to impose fewer restrictions on lawyer advertising; to spell out more clearly the rules governing conflicts of interest; and to require lawyers to provide to clients more information about fees. "The rules are greatly improved- much easier to follow," said Hazard. Hazard added that delegates adopted about 80 percent of the commission's proposal. Restructuring the Federal Judiciary Prior to facing the code revision, the delegates were faced with the problem of the overloaded federal court system. __________________________________________ The overcrowded Supreme Court docket is "probably the most important single immediate problem facing the judiciary." __________________________________________ Chief Justice Warren Burger proposed that Congress create a new federal court of appeals to handle cases involving conflicts between the U.S. Circuit Courts of Appeals. The new court would consist of 26 judges, two from each of the existing circuit courts, and would operate for fice years on an experimental basis. Although the decisions by the new court would be appealable to the Supreme Court, the justices presumably would let most of its decisions stand. The new court would relieve the Supreme Court of about 50 decisions a year- last year the court issued 141 opinions. __________________________________________ "A new court is needed to "preserve" the traditional quality of decisions and avoid a breakdown of the system- or of some of the justices" __________________________________________ Berger called the crowded Supreme Court docket "probably the most important single immediate problem facing the judiciary." The new court is needed, according to Burger, to preserve the traditional quality of decisions and avoid the breakdown of the system- or of some the justices." Burger also suggested the creation of a separate commission comprised of all three branches of government to study the problem and make specific recommendations for legislative solutions. Such changes could end the Supreme Court's mandatory jurisdiction. Additional Action The delegates also voted to oppose pending federal legislation to allow state and federal courts to apply uniform national laws in products liability litigation. The House also endorsed a tougher standard for insanity pleas. The new standard requires the defendant to prove that he does not have the capacity to appreciate the wrongfulness of his act. The old standard required that the defendant merely prove that he had no control over his actions at the crime. The delegates also voted to continue support for gun-control legislation as a top ABA priority. Painting, Prints, Ceramics and more by local and area artists. The Gallery. 102 N. Grant 12:00-5:30 Tues.- Sat. 3:00-5:00 Sun. JOE MYERS PHOTOGRAPHER • Resumes • Weddings • Passports • Special Groups 103 1/2 N. College West Side of Square Call 339-1914 RESUMES Briefs, Memoranda & Law School Paperwork Catch up with the paper chase at: MACCALLUM PRINTING 110 South Grant Bloomington 332-9231 Typing Typesetting Printing The Uptown Cafe 222 North Walnut 339-0900 Mon.-Fri. 8 am-2 pm Sat.-Sun. 9 am-3 pm The EXORDIUM, March 1983, Page 9 Innerview Fuchs: A career filled with controversy ByJAYRIGDON On the first floor of the law school, a board is mounted by the elevator which gives the names and room numbers of faculty. At this point in my law school career, I am familiar with most of the names on that board, if not through personal experience, then by reputation. But one of those names was totally unfamiliar to me: Professor Fuchs - Room 311. I decided to learn a little more about him. In reality, one of our school's least noted professors one of our most notable faculty members. Professor Ralph Fuchs retired from active teaching in 1969, capping off a career that began in 1922, when he graduated from Washington University with a L.L.B. He left the Midwest to go to Washington, D.C., where he worked in the War Transaction Section of the Attorney General's office. This section was created to settle contracting disputes with the government resulting from "the war to end all wars." He taught at Washington University after his stint with the Attorney General's office, returning to Washington during World War II to work in the Solicitor General's office. Washington was an exciting place to be in those years," says Professor Fuchs. He worked on many important cases during that time, writing briefs and even arguing before the Supreme Court, a Court which included his good friend, Justice Wiley Rutledge. Fuchs wrote the brief for the government which upheld the constitutionality of the Japanese-American relocation centers. The decision to imprison thousands of loyal Americans is vehemently criticized today, but during the hysteria following Pearl Harbor, the government's action seemed reasonable under the circumstances. "I considered it my duty to represent the government as well as I could," says Proper Fuchs today, though he admits to having misgivings at the time about the wisdom of the action. As long as the decision was made in good faith, he had no qualms about performing his role as advocate. Ralph Fuchs played an important part in many other cases, including arguing personally before the Court for the Government's position supporting the constitutionality of the Hatch Act. It was during that time period, says Fuchs, that members of the faculty here first suggested he return to teaching by moving to Bloomington. These faculty members, including such men as Jerome Hall and Fowler Harper, persuaded him to accept a position, and Professor Fuchs began teaching here in 1947. The law school was located in 1947 at Maxwell Hall, and was much smaller than today's school. His first classes consisted of many war veterans attending school on the G.I. Bill. The student populace was, in his words, "very male and very white." Professor Fuchs was not content to sit on the sidelines and watch the political debate of the late 1940's and early 1950's. He served as advisor to the student chapter of the NAACP at IU, an organization that received much flak for its strident civil rights activities. Much of the pressure on the organization came from the areas surrounding Monroe County, especially Martinsville, a well-known hotbed of pro-Klan sentiment, and Brown County, where, as Professor Fuchs recalls, it was rumored that "a black man never sleeps." His most difficult task during those times was his role in founding the Indiana Civil Liberties Union. Even finding a meeting place for their organization proved to be difficult. The American Legion pressured many groups in Indianapolis, especially the War Memorial Commission, into refusing the fledgling group the use of their facilities. The Commission retracted a promise it had made to let them use the War Memorial Auditorium. Edward R. Mur-row flew to Indiana to report these battles to the rest of the nation; when the ICLU finally got permission from a priest at a downtown church to use their parish hall, portions of that organizational meeting were broadcast coast to coast. Professor Fuchs' performance as provisional chairman of that first meeting should have inspired his fellow citizens. Instead, he was branded a Communist by many, and his once busy speaking schedule dropped sharply. "I even got a postcard with a telescopic sight of a rifle drawn on the front. On the back the card read 'We're watching you!'" But the law school administration never put any pressure on him to restrain his activities. He encourages students today to become involved in politics, citing the lack of good people in government at all levels. Professor Fuchs remained active in legal circles throughout the 1960's. He spent one year in India as adviser to the Indian Law Institute. He also served two years as General Secretary to the American Association of University Professors. He continued writing and teaching during that time, contributing several articles to his chosen field of specialization, administrative law. He retired in 1969. Today Ralph Fuchs lives with his wife at the new IU retirement community, a project which he helped to organize several years ago. He reads extensively, trying to keep up with new developments in the law. He says that he has little opportunity for contact with students these days, though in years past he has worked with the law journal and with several university committees. Many of us in the law school have a tendency to relish in the obscure and overlook the obvious. In this case, we have overlooked a professor who has given much to our school and our country during his lifetime. Professor Ralph Fuchs has an open door to all students at the law school who want his advice, his feedback, or who just want to talk with him. Take advantage of his open door policy. I did. Not only does he have an open door policy towards students, but he also has an open heart policy towards life. Pat Clark sees changes in admissions It you can recall when your biggest worry was getting into law school instead of getting out, then you may member that one of the more important people in your life at that time was Pat Clark. You may not have known her name, but you knew, didn't you, that there had to be at least one real live human who received, handled, even read the last amount of material submitted by hopeful applicants. Pat Clark has been in the admissions department of the Law school for 14 years, and is currently Administrative Assistant for Admissions. One of her most important jobs is helping applicants complete their files, forwarding the files to the relevant decision-makers, and then sending the admissions decisions out. The rolling admission program and a number of other duties serve to keep Pat busy year-round. One of these other duties is scheduling recruiting trips for Dean Frank Motley and other school officials. It may seem odd for a law school to be out recruiting when each opening already has several applicants, but this recruiting reflects two goals of the Admissions Office and the law-school: increasing the diversity and improving the quality of the student body. The success of this effort is reflected in the near-doubling in the number of applications over the past decade and a half and by the fact that now more than 50% of those accepted are from out of state. Pat points with particular pride to two relatively new programs of the Admissions Dept. One is the tour guide program. Began 4 years ago, this service provides potential law students with a tour of the law school and some knowledgeable conversation with a current law student. About 60-70 such tours are given each semester. The second program is Spring Law Day. This was inaugurated last year, and the day of orientation and pseudo-classes serves as a selling point to those who have not yet come to a decision about attending IU, as well as at least a partial invitation to those who have already decided to take the plunge. During her time here, Pat has seen the admissions office change from a joint Admissions/Placement office with a part-time head drafted from the faculty, to a fully independent unit with its own dean. After the building renovation is completed, the Admissions Office will be leaving the basement the garden level as Pat calls it-for new offices on what is now the second floor of the library. When not involved in admissions work, Pat keeps busy by serving as den mother for her ten-year old son's cub scout pack, and by being in the outdoors "far away from the law school." Reflecting on her 14 years with the Admissions office, Pat says the most striking change she has seen has been the ages of the students. "When I came here, almost all the students were older than me. Now, they're almost all younger. Popkin wins Fellowship Professor of Law William D. Popkin is the first recipient of the Charles Whistler Fellowship. The fellowship, endowed by the Indianapolis law firm of Baker and Daniels in the memory of Charles Whistler and Mrs. Kay Whistler, is the university's first law school faculty research endowment. The fellowship will be used to defray the costs of the fellow's travel, special secretarial and computer services, and other expenses incidental to the fellow's research and scholarly work. Popkin is a Phi Beta Kappa graduate of Harvard Law School. He practiced law for four years in New York and spent a year in India as a Fulbright Scholar before joining the Indiana University law faculty in 1968. Popkin has published over 20 scholarly articles, primarily in the areas of taxation and administrative law. His most recent article, "Client-Lawyer Confidentiality'" appeared in the Texas Law Review last year. Popkin has also seved as admissions officer and associate dean for academic affairs. The EXORDIUM, March 1983, Page 10 MSB Epidemic By CHARLES STEWART Got problems, Bunky? What's the matter? Catch your roommate in flagrante delicto — with another guy? Did your girlfriend run off with the Marine Corps because she's looking for a few good men? Did the guy who ran over your dog sue for damage done to his car? Did you go to bed at 4:30 after some serious partying only to have your mother call at 8:00 to ask when you were coming home? Is that what's troubling you Bunky? Well cheer up, you're not the only one. The symptoms described above are those of a disease peculiarly prevalent and invidious in the law school: mid-semester blue-itis. Known as MSB for short, this illness if left unchecked can lead to indolence, apathy, and major league hang-overs. In extreme cases it can worsen into a more permanent condition known as "Eigenmann Dropsey," where the patient experiences a brief falling sensation and then very little after that. While MSB seems to strike about three out of four students in the law school, little is known about the disease except that professors are carriers. Incidence rates of MSB vary widely between classes with almost 100% of first years doing law journal notes being afflicted, while third years with jobs are virtually free of the disease. The decimation of the first year class is a recurrent phenomenon which has led Dean Plager to send a copy of the law journal note topics to the Center for Disease Control in Atlanta. This action has not led to progress, however, as the CDC returned the specimen with a note saying, "We don't want the damn thing," a sentiment echoed by many in the first year class. Efforts to combat the spread of MSB have been severely hampered both by the attention given to the measles outbreak (measles, a more popular disease, is rumored to be featured in next months People as the illness of the stars), and also by a lawyer's innate distrust of doctors who aren't his clients. While most lawyers are fearful of the way that doctors tend to bury their mistakes, a short recitation of recent malpractice suit awards should insure careful treatment. Be this as it may, students should be forewarned that medical science has had greater luck curing Herpes Simplex than MSB. While presently incurable, research is being carried out at this very moment at the Student Health Service, the most renowned medical facility on all of 10th Street. Until a cure is found, it is advisable to get shots to keep the conditon under control. Shots of bourbon, vodka, and schnapps have proven to be most effective. The best treatment for any disease, including MSB, is simply not to catch it in the first place. In olden days this was summed up in the saying, "an ounce of prevention is worth a pound of cure." Recently, due to inflation and fluctuations in the exchange rate, an ounce of prevention has come to be valued at only 0.78 pound of cure. The basic concept is still accurate, though, and there are several methods for minimizing one's risk of catching MSB. First, avoid all classes beginning before 10:30 or after 2:30. While missing an 8:30 class will be a bitter disappointment to many, it's only until the MSB season has passed. Next, do not even attempt to balance your checkbook. Stray glances at the amount paid for tuition has been known to cause MSB even in the healthiest of individuals. Finally, in no circumstance should you ask the reporter for a current copy of your transcript. The reason is obvious. If one has been so careless as to neglect prevention, one may easily contract MSB without noticing explicit symptoms. There are several early warning signs that are good tip-offs: 1) getting into arguments with music majors over the exclusionary rule. And losing. 2) being intrigued by the lack of statutory defenses to trespass quare clausem fregit in medieval England. 3) going out of your way to study in the Indiana Room when the construction workers are going at it. 4) registering for the draft even though you're 27 years old. While MSB is ravaging the law school right now, there are other maladies that are not strangers to this building. Examples include: final exams asthma where one has trouble breathing at the sight of a blue book, and; registration amnesia, where as soon as the add/drop deadline passes it becomes impossible for the student to remember why he signed up for "Law and Mollusks" at 8:30-10:30 on Fridays and Saturdays. While all these diseases make the law school seem like an unhealthy place, it must be remembered that most cases are quite mild; the main danger is to one's mental health. So just be careful and have a germ-free semester. BALSA hosts regional meeting By KIM OLDHAM In conjunction with its annual symposium, the Indiana University Chapter of BALSA hosted the Black American Law Students Association Spring Midwest Regional Convention. The Convention was held February 17-19,1983, with the theme "The Law Graduate: Lifeline to Tomorrow's Leaders." The convention brought to IU many students from various midwest law schools—University of Cincinnati, University of Iowa, University of Wisconsin, and the University of Minnesota — just to name a few. The IU members of BALSA played a very important role in coordinating the event and making sure it ran smoothly. Taylor Segue served as convention coordinator. The convention participants attended workshops which stressed leadership and professional responsibility and a job fair which included employees of the state and local government plus representatives from small and large law firms. A major activity of the convention was the Frederick Douglass Moot Court Competition. Local practicing attorneys from the surrounding areas served as judges for the competition. The quarter and semi-finals were judged by judges from both the Indiana Court of Appeals and the Honorable Justice Givan from the Indiana Supreme Court. Approximately nine schools with one or two teams participated, including IU which had three teams. The IU team members were Augusta via Johnson and Charles Wilson; Debra Smith and Rapheal Prevot; and Dorothy Williams and Kim Yow. After the preliminary rounds, Johnson/Wilson team and the Smith/Prevot team advanced to the quarter finals. Then the Smith/Prevot tean advanced to the semi-finals; but the University of Minnesota's teams were victorious. The local BALSA chapter is very proud of the hard work put in by its moot court participants. The victorious Minnesota team will go on to the National BALSA Convention in Atlanta in March to represent the Midwest in national competition. The highlight and finale of the convention was the Banquet and Keynote Address on Saturday evening at Alumni Hall. U.S. Congressman George Crockett (Dem. MI) delivered the keynote address. His message emphasized the commitment and courage needed by the minority law professional in the fight against racism and injustice. This was done by relaying experiences from a legal career that spans from 1934-1983, and included experiences as practicing lawyer, judge, and lawmaker. U.S. Congresswoman Katie Hall (Dem. IN) was also present to receive a political achievement recognizing her contributions to the state of Indiana. Following the banquet, there was a dance in the solarium. This was an appropriate ending to a successful and exciting event. During the convention new regional officers were elected for the 1983-84 school year. The IU BALSA chapter is happy to have two of its members elected to offices: Randall Nixon, Sub-Regional Director; and Augusta Johnson, Regional Treasurer. Review: First ABA fiction book For the first time in its more than 100-year history, the American Bar Association has published a book of fiction, The Judge's Chambers and Other Stories by Chicago attorney Lowell B. Komie. The book, a collection of short stories about lawyers, was published by the ABA "to..make* available to a broader audience stories that have been very popular with the readers of Student Lawyer," Student Lawyer editor Catherine Cahan said. Student Lawyer, published by the ABA for the members of its Law Student Division, originally published many of the stories in The Judge's Chambers. Some of the stories have also been published in Harper's Magazine, Chicago Magazine, and several literary quarterlies. Each of the stories focuses on the personal and often eccentric side of law practice. Komie's characters are all at crisis points: law students about to graduate, middle-age attorneys reflecting on the futility of their lives, a new widow unsettled by her husband's secrets, a judge slipping into senility. A few of his characters are strong enough to weather their crises and emerge happier and stronger; most, however, become unhinged, marking their loss of control with strangely symbolic acts of despair. In "I Am Greenwald, My Father's Son," a mediocre partner in his deceased father's firm passes his days in the probate department where "he was particularly good with little old ladies and represented the firm at luncheons given by bank trust departments for wealthy widows who were clients of the firm ... He would nod and sip his consomme and only occasionally accept one of the after luncheon cigars, cautious not to blow smoke and offend the widows." He is given to wondering why he never went West and became an Indian law specialist or learned the glass blowing craft. One day, having, as usual, little to do, he addresses a memo to his partners on the annoying trivia of law firm life: bells, brown bagging, time sheets, squeaking floorboards, penny rolling in the library, the firm's letterhead. These concerns are all that he has left of being a lawyer. "The Loves of David Freund" is the most lighthearted story in this collection, drawing its joy from the optimism and energy of law student David Freund. David's youth and spirits sharply contrast with the dullness and apathy of the law firm where he clerks and the courts where he assists. The story, set in teh 1950s, focuses on David's ingenious attempts to bed the women he pursues; ingenious because car back seats and law offices are the best places he can find for his activities. The stories are strengthened by Komie's eye for visual detail. Each character is defined by his unique setting, each is in harmony with the mood of the story. In "The Butterfly," Komie's camera-eye reveals a new widow in her lawyer's office: "She sat back on teh reception room couch, and, as she settled herself, her hands automatically felt for the edges of her slip along the fullness of her inner thighs where the fat lapped over the tops of her stockings." And later, in probably the best description in the collection, Komie writes, "The only remnant of Walter's death that appeared cruelly upon her face was what she called her 'Soutine mouth.' The night before the funeral she noticed in the mirror that her mouth was swollen and misshapen. Where formerly her lips had been thin and barely noticeable, now her mouth gaped in an open circle...She appeared to herself like a peasant woman she had seen in a drawing by Chaim Soutine, her mouth a broad circle of paint, heavy, sagging, a hole edged by purple chalk." As a whole, the collection is a rich, deep look at private lives of those connected with the law, the lives most try to hide from view. Its descriptions and its insights are not easily forgotten. Copies of the book may be ordered from the ABA Order Fulfillment Department, 1155 E. 60th St., Chicago, IL 60637, for $9.95 plus a $1 service charge. Crossword Puzzle The EXORDIUM, March 1983, Page 11 The Search Comic DARKROOM SUPPLIES CAMERAS LENSES FILTERS FLASH, FRAMES KODAK, ILFORD, FUJI FILM QUALITY PHOTO FINISHING Hazel's Camera Center 425 E. Kirkwood Ave. 336-6900 Need a Quality Resume? Get the Best in Bloomington Fine Offset Printing Extensive Typesetting Styles Professional Picture Reproduction Wide Selection of Papers & Ink (Matching Envelopes) You've come this far...do it right! Western Sun PRINTING COMPANY 812556-2172 314 S. Washington Bloomington IN. 47401 COUPON GOLD CHAIN & BRACELET REPAIR $4.95 each with coupon Broken Clasp Special — $6.00 (replaced with 14K gold clasp) Most items 24 hour service DUNNKIRK JEWELERS 430 E. Kirkwood— Suite 13 Ph. 339-6598 TE The EXORDIUM, March 1983, Page 12 Board of Editors Indiana Law Journal Volume 59 Editor-ln-Chief Mark Eriks Executive Editors Christopher Keele Tracy Larsen Senior Managing Editor Morgan G.Graham Articles Edltors Rebecca A. Craft Bruce D. Donaldson Senior Note Editor John M. Wray Managing Editors Lynne B. Alien Lori Bowman Daniel Harris Lisa Powell Len Spagnolo Administrative Editor Jim Whitlatch Note editors Richard Freije Don Levenhagen Cynthia Reichard Daniel Shiffrin Sydnee Singer Julia Ruth Wilder Cutright ranks ranking (Continued from page 1) termediate range experienced faculty (i.e., faculty who are neither beginners nor senior faculty). He postulates that the median salaries of these faculty members must be sufficiently high to demonstrate that the school can fight off competitive offers from other law schools; if the medians are sufficiently high, a school will be able to retain its superior faculty, and thus be a superior school. Using these two criteria, Van Alstyne believes that there is one group of about 40 law schools which have the requisite LSAT and GPA medians and sufficient faculty funding to allow him to categorize them as being superior. Nowhere in his article does Professor Van Alstyne identify the schools nor provide the reader with a detailed analysis of his methodology. However, in response to an inquiry by an Indianapolis Star reporter, Van Alstyne stated that no Indiana law school was in his "top 40," although this law school was one of a group of 11 which fell immediately before the "superior" group. In assessing his conclusions regarding law schools, one must remember that Van Alstyne states that his LSAT-GPAmedians are arbitrarily selected. Further, his decision to peg faculty quality to the median salaries for intermediate faculty can only be described as intuitive. Van Alstyne himself concedes that factors other than merit af-and a commitment was made to bring the salaries of our costs, fringe benefits, etc.). If we were to accept Van Alstyne's criteria to determine whether or not we have a "superior" student body, our 1982-83 data would bring us into the "superior" category: the median LSAT for this year's entering class was 656, and median GPA was 3.49. Admittedly, we would have greater difficulty qualifying under the criterion of faculty salaries. Our faculty salaries have been a major concern of the School. The School's median salaries in all ranks are at or near the bottom when compared with those of the other Big Ten law schools. The Dean and the University administration have agreed that this is a major concern, and a commitment was made to bring the salaries of our faculty up to the average of the Big Ten law schools across all ranks. In the past several years the financial strains facing the University have kept us from attaining these agreed levels. We are confident that the University will honor these commitments as soon as it is able to do so; using Van Alstyne's criteria we presumably then would be in the "top 40" prestige schools. The principal difficulty in accepting Van Alstyne's criteria is that he does an excellent job of showing not only the strengths but the weaknesses of the various criteria for ranking law schools, including his own. As noted, he does not offer a formula to explain his own rankings, and therefore we know of no empirical link between his criteria and the conclusions he reaches. While it is certainly more likely that a school with higher salaries will attract and retain a quality faculty than one with lower salaries, to suggest that one will have a quality faculty simply by paying more than less is overly simplistic. And anyone familiar with the limits of the LSAT knows that the test score predicts only first year performance in school; in fact it is designed specifically to do only that. It is also well known that the difference between a 645 LSATand a 650 is statistically insignificant. It appears that Alstyne has found 40 schools whose students have high LSATs and GPAs and whose funding is strong; from that, he concludes that these must be the best schools in terms of quality, regardless of their image or prestige (a separate problem). Like Professor Van Alstyne, we remain skeptics of attempts to rank schools. That one's beauty quotient in the academic parade is largely in the eyes of the ranker is demonstrated by the difference between Van Alstyne's assessment and that of the recent Gourman Report on Law Schools. The Gourman Report ranked the Bloomington School of Law 30th (out of 160 law schools) in the United States, based on a long list of stated criteria. This placed us in the group of schools describe: "strong," the category just below the top group of schools which were labelled "distinguished." Michigan was the only Big Ten law school in the "distinguished" category; no other Indiana law school placed as high as the Bloomington school. We were also on Gourman's list, significantly smaller, of internationally recognized schools. Perhaps rankings suggest some overall sense of 'place' among the nation's, or world's, law schools; they alone hardly provide a clear guide on which to make important personal or institutional decisions. Oliver Winery Makers of fine Indiana Wines • Walnut, oak and do-it-yourself wine racks • Wine glasses, cork screws and wine accouterments • Home wine and beer making supplies • 9 wines to suit all tastes, including French hybrid varietals: Baco Noir, De Chaunac, Aurora, and 6 BOTTLE GIFT BOX can be shipped anywhere in Indiana via U.P.S, 7 mi. 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