WINTER 1996 INDIANA UNIVERSITY SCHOOL OF LAW BLOOMINGTON BILL OF PARTICULARS INDIANA UNIVERSITY SCHOOL OF LAW BLOOMINGTON BILL OF PARTICULARS WINTER 1996 Table of Contents 1 Find a Way to Make a Difference Dean's Message 2 Photographic Portraits Commissioned to Honor Retiring Professors 4 Make the Law an Instrument of Good and Right by Janet Reno 9 Breakfast with Yasser Arafat: Personal Reflections on the Peace Process by David P. Fidler 13 The Responsibilities of Lawyers to Society by Lee Hamilton 18 Observations of a Practitioner in Residence by Milton R. Stewart 20 Around the School 30 Alumni News Cover: Montage of the three emeritus faculty portraits of Val Nolan Jr., William W. Oliver, and Harry Pratter. Portraits by Casalini Photography; cover montage by Joe Myers. See cover story on page 2. Bill of Particulars is published by the Indiana University Alumni Association, in cooperation with the School of Law-Bloomington and the School of Law-Bloomington Alumni Association, and is mailed to all graduates of the School of Law-Bloomington. Address letters to the editor to Associate Dean Lauren Robel, IU School of Law, Bloomington, IN 47405. For information about IUAA membership or activities, call (800) 824-3044 or e-mail (iualumni@indiana.edu). School of Law Dean Alfred C. Aman Jr. Associate Dean and Editor Lauren Robel Assistant Dean, Alumni and Development Arthur Lotz Guest Editor Colleen Pauwels, Director, Law Library Indiana University Alumni Association University Director of Alumni Affairs Jerry F. Tardy Alumni Director John D. Hobson Editor, Constituent Publications Carol Edge Editorial Assistant Leora Baude School of Law Alumni Association Alumni Board Officers President Milton O. Thompson, JD79, Indianapolis President-Elect Thomas R. McCully, JD'66, Lafayette Vice President James M. Carr, JD75, Indianapolis Secretary James L. Petersen, JD'76, Indianapolis Evansville Treasurer Linda Coletta, JD'82, Ocean Isle Beach, N.C. Past President James R. Brotherson, JD78, Elkhart Board of Directors 1993-1996 John M. Clifton Jr., JD'63, Fort Wayne Scott E. Fore, JD78, Elgin, III. G. Douglass Owens, JD'59, Pendleton R. Anthony Prather, JD'83, Indianapolis Randall R. Riggs, JD77, Indianapolis 1994-1997 Timothy D. Blue, JD79, Seattle Joseph L. Brownlee, JD72, Phoenix Francina Dlouhy, JD77, Indianapolis Madalyn Kinsey, JD79, Indianaoplis Jean M. Pechette, JD'80, Chicago Glenn Scolnik, JD78, Indianapolis Randolph L. Seger, JD72, Indianapolis Jacqueline A. Simmons, JD79, Indianapolis Douglas D. Small, JD'83, South Bend Ted A. Waggoner, JD 78, Rochester Patrick Zika, JD73, Oakland, Calif. 1992-1995 Wayne D. Boberg, JD78, Chicago Eric A. Frey, JD'67, Terre Haute William R. Jonas Jr., JD'81, South Bend Daniel K. Leininger, JD76, Warsaw Thomas M. McGlasson, JD'68, Bloomington Printed in the U.S.A. on recycled paper Dean's Message Find a Way to Make a Difference The following is adapted from an address to the entering class. Congratulations on this, the very first day of your legal careers at the Indiana University School of Law. Congratulations on the achievements that have brought you here and on your achievements yet to come. You join a long line of very illustrious students who have received their education at this great law school. Some of you may have already noticed the wall of photographs outside the Moot Court Room where members of the Academy of Law Alumni Fellows are honored. In that group of IU law graduates are some of the most distinguished lawyers of our times. Wendell Willkie is there. Justice Flerida Romero of the Supreme Court of the Philippines is there; as is Jim Fitzpatrick, a dedicated defender of free speech; Professor Jost Delbriick, our transatlantic colleague from Kiel, Germany, who teaches in Bloomington every fall; and a host of others as well. You are now a part of the IU law family. As you will be in the future, these are lawyers who have made their mark in the world of law, politics, business, public policy, and the arts. There is room for you, too, on this wall. We also prize our ties to our graduates whose fame is of a different sort, who toil quietly in their own communities and are best known to their own clients, families, and the community leaders with whom they work every day. These are the lawyers whose integrity, imagination, caring, compassion, and skill make the law a reality in the lives of the people they serve. There is room for you in your communities, wherever you settle. Contrary to what you might have heard before you came here, there is and always will be a need for lawyers in a just society. Dean Alfred Aman I congratulate you not only for your achievements and the academic record that brings you here as a student, but also because of what I know awaits you here. At this law school, we have one of the best law faculties in the country. Indiana is a place where teaching and research go hand in hand. Our professors are on the cutting edge of their own scholarly fields, and they bring all of this expertise and knowledge into the classroom. The law is always changing, and sometimes very dramatically. What we try to accomplish at this school is to give you the broad conceptual frameworks necessary for you to deal with problems in the future — some of which we can only guess at today. We will give you skills to grow on, since your careers will help lay the legal foundation of the 21st century and beyond. You will study the fundamentals of our legal system — property, criminal law, contracts, torts, civil procedure, and the Constitution. You will hone your writing skills, and you will have opportunities to try cases as well as to mediate and negotiate settlements. You can study the relationship of law to high technology here — in areas involving computers, communications, and genetics. You can take various interdisciplinary perspectives on law, and you can study the globalization of law, international and comparative law, and business and corporate issues in new contexts, both transnational and domestic. And since this law school is part of a great university, you can find languages, philosophies and histories, arts and sciences, just outside our door. Our mission, with your help, is to enable you to deal with the issues and problems of the 21st century and to help others deal with them. We hope your education here will challenge you, and that these challenges will turn out to be a useful dress rehearsal for what the future will demand of you. Our commitment is to you now, for the sake of your future service as professionals. Our mission, then, centers on you as individuals and your capacity for growth, concern, and engagement. You will learn an enormous amount from the teachers that you will have. Many of you will develop lasting professional relationships with these faculty members. But I dare say that most of you will learn as much and maybe even more outside the classroom in your (continued on page 32) Bill of Particulars / 1 Cover Story Photographic Portraits Commissioned to Honor Retiring Professors On Sept. 8,1995, the law school held a reception as part of Alumni Weekend honoring its emeritus faculty. Continuing the school's long tradition of honoring its retired faculty for their contributions, photographic portraits of professors Val Nolan, Bill Oliver, and Harry Pratter were unveiled and now hang in the classroom wing of the Law Building. Here are the remarks of Dean Aman at the portrait presentation. It is my great pleasure this evening to present photographic portraits of three beloved colleagues. It is often said, and I believe this very deeply, that the heart and soul of a great law school is its faculty. We at Indiana have been blessed with a great faculty through the years, and we are privileged tonight to honor three colleagues in the form of photo portraits that we hope will be a continuing source of inspiration and connection between them and the many students whom they have taught and the many colleagues who continue to enjoy their wisdom, counsel, and friendship. The portraits are of Val Nolan, Bill Oliver, and Harry Pratter. Together, these three colleagues account for a total of 121 years of teaching — and still counting, since Bill Oliver is still teaching at least one course for us. I might add that between the years 1949 (when Val Nolan first came to this faculty) and the present time, more than 7,000 students have been influenced by their teaching. All three of these professors — Harry, Val, and Bill — have won the prestigious Gavel Award, in effect our "most valued player" award. Bill won it in 1960, Val in 1961, and Harry in 1966. The photos that we are about to unveil are portraits by Tom Casalini, the leading photo portraitist of Indianapolis. In each of these portraits, Mr. Casalini has captured something personal about the background and interests of each man. He portrays them as individuals, individuals with hobbies, passions, and gifts — and since we, too, value them in their uniqueness, these portraits also portray them as we know them, as scholars, teachers, and colleagues. You will be able to study the portraits close up in a few minutes (after the presentation), but I want to say a few words about each subject in alphabetical order. It will not surprise those of you who know Val Nolan that he spent the first legal fee he earned after graduating Professor Emeritus Harry Pratter chats with Professor Emeritus Bill Oliver and his wife, Mary, and Jim Brotherson, president of the Law Alumni Association. 2 / Bill of Particulars Professor Emeritus Val Nolan reminisces with former student frank Cleckley, now a justice of the West Virginia Supreme Court. from law school as he did. He bought a beautiful Audu-bon elephant folio print dated 1834, and that investment speaks volumes about his deep interest in science and his expertise in ornithology and biology. This is no mere hobby. As you may know, when he was a tenured professor in the law school, Val was awarded a joint appointment in biology. In 1957, he won a Guggenheim Fellowship for two studies: one on Indiana land transactions, and the other on the habits of the Northern prairie warbler. He has mastered several languages: Latin, classical Greek, Japanese, German, and French. He has taught IU students for 36 years, beginning in 1949, and retiring in 1985.I might also add that he is a graduate of this law school, the distinguished Class of 1949, and he is a member of our Academy of Law Alumni Fellows. Bill Oliver began teaching at the law school in 1954, having clerked for Supreme Court Chief Justice Fred Vinson, and upon Vinson's death, for Earl Warren. He also worked for Hugo Black in the interim period before Warren was appointed. Those of you who know Bill well know that along with his significant teaching and scholarship in the tax area — income tax, gift and estate tax, and international tax, as well — he has put his knowledge of business and the law to very good use, opening a very successful winery in 1972. Tom Casalini has captured Bill's other life in his photograph of Bill at the winery in front of the many, many awards his wine has won. We here at the law school also think of Bill as a winner. He won the Indiana University Foundation Teaching Award in 1963. Bill's early years of teaching were vintage years for IU law teachers that included Austin Clifford, Jerome Hall, Ralph Fuchs, John Bauman, Ivan Rutledge, Val Nolan, and Harry Pratter. Bill has just finished a book titled Why We Should Abolish the Income Tax: A Guide to the Principal Proposals. Harry Pratter began teaching at IU in 1950, and he has retired three times, first in 1984 and, most recently, in 1994, a total of 44 years of teaching at this law school (so far). Harry has taught many subjects, including commercial law, conflicts, contracts, and family law, but, like all great teachers, fundamentally he teaches life. When you see Harry's portrait, you will see books in the photo. They include the works of Ludwig Wittgenstein, who had a significant influence on Harry's thinking. Harry says that Wittgenstein's form of reasoning is related to how we teach analysis in the law; that is, mainly by examples. Harry is well known for being able to teach with what many of his students call Pratterisms — for example: "The law is too rich for the human mind." "If a buyer and a seller are circling a cow, and in turn the cow is circling them, you have a very profound philosophical situation." "If Picasso had painted a tomato, he would have painted a Picasso tomato, hence destroying its platonic essence." As we all know, Pratterisms are the gateway to insight and wisdom. Harry's scholarship and teaching are renowned, well beyond the Gas City limits, the city he has made famous. He is also well known for his basketball prowess and his wise counsel. On the court or in class, Harry is a welcome and revered figure. As I know from recent conversations, this includes the University of Chicago, where he graduated in 1950 and where he is fondly and respectfully remembered by his teachers. I ask all three of these professors to come forward. In addition to the portraits, we have prepared scrapbooks that collect some of the highlights of their careers. And, since all three are quick to acknowledge the support of their wives, and we, too, wish to celebrate their partners and our friends — Ellen Ketterson, Mary Oliver and Mary Rose Pratter — I would like to invite Ellen, Mary, and Mary Rose to present the portraits of our colleagues Val, Bill, and Harry. Bill of Particulars / 3 by The Honorable Janet Reno Make the Law an Instrument of Good and Right Attorney General Janet Reno delivered the following speech at the law school senior recognition ceremony as part of the 1995 Commencement activities. Thank you so very much my friends. I am so honored to be here with the graduating class to celebrate with you your commencement of a great adventure in the law. From this land where some of you were born, from this great law school where you have come to learn, from the friends and people that have touched your lives, you will draw strength and courage and wisdom for all the rest of your life. Two years ago, I came to Washington, alone, to accept one of the greatest challenges that any lawyer could ever have. But I was not alone, there were memories of people with me, there were people with me in spirit every step of the way. My law school dean, my contracts professor, my babysitter, my American history teacher in high school, friends and family, some deceased, were there, encouraging me, supporting me, and reminding me of where I came from. Lessons that I had learned along the way were with me as I suddenly looked around and found that I had to supervise the FBI, the DEA, the Bureau of Prisons, and the government's lawyers; I wondered where to begin. And I suddenly remembered one of the most important lessons of my life. When I was 10, we lived in a little wooden house, there were four children and we were quickly outgrowing the house. My father did not have enough money to hire a contractor to build a bigger house. One afternoon our mother picked us up at school and on the way home she said, "I'm going to build the house." And we said, "What do you know about building a house?" And she said, "I'm going to learn." And she went to the brick mason, to the electrician, to the plumber, and she learned how to build a house. She dug the foundation with her own hands with a pick and shovel. She laid the block, she put in the wiring and the plumbing, and my father helped her with the heavy work when he came home from work at night. That house is where she and I lived until she died just before I came to Washington, and every time I came down the driveway with a knotty problem to solve at the state attorney's office or some terrible calamity about to occur, I would look at that house, and it was a symbol to me that you could do anything you really want to, if it's the right thing to do and you put your mind to it. But that house taught me a greater lesson, in August of 1992, as Hurricane Andrew hit it head on. My mother and I were there by ourselves. The wind began to howl at about three o'clock in the morning. She got up, sat down in her chair, folded her hands and looked totally unafraid though trees began to crash around us. For she knew how she had built that house. She hadn't cut any corners. She put in the best materials. She'd done it the right way. When we came out in the early dawn, the world around us looked like a World War I battlefield. But that house had lost one shingle and some screens, and it came with me in my memories to Washington. There were days I remembered as I faced issues in Washington — days 4 / Bill of Particulars when people blamed me for a riot in Dade County because our office had not convicted police officers accused of beating a man to death. We had tried our level best, but the jury had spoken. People criticized me, said I should resign. But I said, "No, you've got a perfect opportunity to get rid of me. I've got to run again in a month." Nobody ran against me, and my mother said it was because nobody wanted the job. But I went out to the community and I talked to people and I answered questions and I had people holler at me, and suddenly the hollering began to diminish and people started talking to me, and those people are some of my dearest friends today. You can face adversity and not flinch from it. Turn and confront it, but confront it as thoughtfully and as carefully as possible. And I take with me, from that land that I left, memories of sailing on Biscayne Bay on a morning with great clouds above the sky. I take with me memories of the Everglades and canoeing through a mangrove swamp. I take with me the green tropic tapestry against the blue sky, and it is part of my heart and soul, and it gives me strength. So as you proceed along the way, as you leave this great law school today, stop and cherish the people who have touched your lives: faculty, family, and friends. And then for the rest of your life, reach out and touch others and help them along the way. Janet Reno congratulates new law graduate Marco Cabezas and his son, Myles. Stop and cherish the cultural traditions of the many heritages that are reflected and represented in this great school. Stop and cherish honor, and remember how important it is to have a friend whose word you can trust. Stop and cherish principle, and remember how important it is to have somebody who's willing to fight for what they believe in. Stop and laugh at yourself, and if you can't laugh at yourself, find a brother who teases you and makes fun of you and makes sure you don't take yourself too seriously. Stop and cherish the law, for it has been one of the most wonderful, wonderful friends that I have had ever since I graduated from law school. You have learned so much here; stop and consider it all. But most of all, stop and be yourself. Do not become known for the law firm that you're in, for the money you make, for the house you live in; but become known for yourself, for who you are, what you stand for, and what you do for others. And then with the spirit, the courage, and the intellect that is so evident here today, drawn from this law school and from all that came before it, go out and serve others in this world. Do not shrink from what you see. In these past days, we have seen a terrible violence in this land. But we have also seen Americans from all over this country come together to reject violence, to reject the hatred Bill of Particulars / 5 Each of us can make a difference if we speak out. And if we speak out together, we can do so much. Do not stand on the sidelines, but instead, defend and protect the rights and freedoms that you've studied about for three years. that spawned that terrible tragedy in Oklahoma City. We have seen Americans come together to hold the victims and their loved ones and help them begin to heal; to track down the evil cowards who committed this unspeakable evil; to honor the rule of law; to defend America and the freedoms we cherish. We, all of us, as lawyers and as people, must continue to speak out against hatred and violence in this land. Most haters are cowards. When confronted, they back down. When we remain silent, they flourish. On the wall of the attorney general's conference room of the Department of Justice are two magnificent murals. One depicts Justice Granted: a progressive, hopefulist society with a judge dispensing justice and a society that is aflourishing. On the opposite wall is Justice Denied: a barren wasteland of people being taken into bondage, violins being broken, and pens taken from one's hands. Justice Denied went on the wall of the attorney general's office in 1937, four years before we entered World War II. For too long people stood silent. We have seen the evidence in our century of what happens when we do not speak out with a thoughtful, caring voice against hatred and violence in this world. And we can do it in so many different ways. In November of 1993 in Billings, Montana, rocks were thrown into the homes of two Jewish families. The Billings Gazette responded by publishing a full page ad of a menorah. That menorah went into thousands of homes throughout Billings. The community responded against such hate and the haters disappeared. Each of us can make a difference if we speak out. And if we speak out together, we can do so much. Do not stand on the sidelines, but instead, defend and protect the rights and freedoms that you've studied about for three years. These are not rights and freedoms on a piece of paper, these are rights and freedoms in the hearts and souls and minds of all Americans, and they require protection. We are a government of the people, by the people, and for the people, and the people have given us a government that has provided more freedom and more opportunity than any government in the world. It is worth protecting, but it can be improved. And unless we work to improve it, people will criticize it and try to pull it down. Do not stand on the sidelines, but participate, be involved. I think public service is one of the greatest callings I know. You get your name in the paper an awful lot, you get criticized and fussed at an awful lot, but there is no greater undertaking than to try to make things better for people. But if you don't want government service, as lawyers you can make such a difference in coalitions in your community; coalitions for the homeless, coalitions against drugs are making a difference as lawyers join with others. Do not stand on the sidelines. Find that if you participate in the process, you can change things. It is so exciting to see a transactions lawyer who's never been involved suddenly become involved because his house is subject to rezoning. And he starts understanding exactly what happens, then he becomes more involved, and the next thing we know he's formed a task force to do something else good for the community. Don't wait until the rezoning comes, do something now. And, most of all, make sure that our government of the people, by the people, and for the people invests in the people. For too long, we have talked about investments and capital and smoke stacks and, now, in automation. But we have got to make an investment in our children's future, and give our children the lives that we have had, in terms of medical care, and child care, and afternoon programs that can give them a chance to grow as strong constructive human beings. Make the law an instrument of good and right. I love the law, and I love lawyers, but I hate and detest greedy lawyers who don't want to 6 / Bill of Particulars participate. Now when I talk to them, I say, "Look, can't we sit down and reason this out and work this out?" And, most of the time, we can get there and do it. But we have got to work together to make people understand what a wonderful instrument the law is, what it can do to change people's lives. Unfortunately, there are too many Americans who do not have access to lawyers. They cannot afford lawyers. Eighty percent of the poor and the working poor in this country do not have access to lawyers. For them, the law is worth little more than the paper it is written on. We have got to devise new means that give people, all people in this country, access to lawyers so that rights can be protected and freedoms cherished. We've got to consider how we make the law simpler. It has been very difficult for me in these last two years to understand all the Roman numerals, all the alphabets, all the titles, and all the sections that everybody refers to in Washington; to understand all the agencies, all the bureaucracies, and to figure out how they work together. I still haven't done it. As lawyers, we have an obligation to make our processes simple so that people can understand them; to use small old words rather than a lot of legalese, to make our laws easy of application so people don't have to have lawyers. Rather than try lawsuits, we've got to learn how to negotiate better to keep our clients out of court and to resolve problems without expensive process. We've got to learn how to be civil to each other. We've got to learn how to be professionals every step of the way. We can fiercely disagree in a court of law, we can fiercely disagree in negotiation, but if we communicate, we respect each other, we're going to represent our client's best interest. Alumnus Rapheal Prevot, left, and Attorney General Janet Reno congratulate student speaker David White following IU's May 1995 Commencement. Put your client first. So many lawyers I talk to talk more about their fee than about their client. But one of the most rewarding responses a lawyer can have is to walk down the street of your hometown 10 years later and have a lady come up to you and say, "You represented me 10 years ago in a divorce. You got me child support when I thought I would be thrown out on my ear. You made a difference in my life. I'm a banker now, I've done well, thanks to you." It is a wonderful experience to have a young man come up to you and say, "When you first got out of law school, you represented me. I was charged with a delinquent act. I was guilty. You worked with the judge. You worked with the prosecutor, and you made sure I got off on the right Bill of Particulars / 7 Put your client first. So many lawyers I talk to more about their fee than about their client. foot. You weren't just talk interested in the law. You made a difference in my life, and I've gone on to college, and I'm doing well, and I have a family." That means more than all the dollars you will ever make in the practice of law. But there are complications in this world, complications that really present extraordinary challenges. As I have come to Washington, it is clear to me that crime, migration, environmental concerns, economic concerns are now totally global in consequence. When I talk about the issues of crime, no longer can I talk just with sheriffs, I've got to talk with ministers of justice around the world. And as you approach the practice of law in whatever field you undertake, you have got to understand that we are living in a world that is being brought together by high speed transportation and technology that we never dreamed of. And as you pursue the practice, that will be something that you have to consider every step of the way. You will have technology that I didn't dream could exist when I started practicing law, that will aid and abet you in your practice. But it is also technology that has the power of ruling the law. One of the challenges that we face in these next years is to make sure that lawyers and the law can rule technology. We must save the land for our children. So much discussion is under way now about environmental protection, about what is necessary to protect our land. But what we're talking about is protecting our home, protecting the water we drink, protecting the air that we breathe, and we cannot take it for granted. But, most of all, as you proceed along the way in your practice, in whatever you decide to do in this great adventure that you now undertake, remember the most precious possessions of all — your family and your children. I remember my afternoons after school and in the evening — my mother worked in the home, my father worked downtown. When she wasn't building the house, my mother taught us to play baseball, to bake cakes, to appreciate Beethoven's symphonies, and to love the poets that she cherished. She taught us to play fair, she taught us the right way to do things, she punished us, and she loved us with all of her heart, and there is no childcare in the world that will ever be a substitute for what that lady was in our life. I look at young lawyers now struggling to get breakfast on the table, the children off to school, get to court, try a case, interview witnesses until seven o'clock at night, get home through the vestiges of rush hour traffic, get dinner on the table, the children bathed, the homework done, work on the weekends to get ready for trial again on Monday morning — they do not have quality time with their children. Those children are going to be grown before you know it. Raising children is the single most difficult thing I have ever done. About 10 years ago, a friend died, leaving me as the legal guardian of her 15-year old twins, a boy and a girl. The girl was in love, and I've learned an awful lot about raising children in the last 10 years. It takes hard work, love, and an awful lot of luck. It takes intelligence. But it is one of the most rewarding experiences of my life to have had that young lady, as I sent her off to college, and then when I went to see her graduate cum laude in three years, throw her arms around my neck and say, "Thank you, I could not have done it without you." Do not get so absorbed in the practice of law or in the world around you that you forget what is the closest. And go out to those law firms, go out to those public offices and say, "How are you going to work with me on flex time, and telecommuting, and paternity and maternity leave?" How are you going to adapt a workplace to an America that can do right by its children? We can do it. With the technology we have, with the dreams and the strength of this nation, we can do it. So to all of you, congratulations, and now, go forth. Go forth to be yourself. Go forth to bring understanding to this land. Go forth to ensure our freedoms. Go forth to bring peace on this earth. 8 / Bill of Particulars by David P. Fidler Breakfast with Yasser Arafat: Personal Reflections on the Peace Process The Handshake Early on the morning of Sept. 29,1995,I found myself in a posh hotel on Lafayette Square across from the White House engaging in some nervous small talk with various individuals involved in, or connected to, the peace process between Israel and the Palestinian Liberation Organization (PLO). These conversations were constantly interrupted by eyes glancing at the doorway to the private room in which we stood. Everyone wanted to see him, meet him, shake his hand. I felt a little out of place among the invited guests, and the sustained second looks at "Indiana University" on my name tag indicated that some of the other invitees also wondered why I was amongst this select group. But I was there, and I too would have my opportunity to meet him. As the minutes passed, the anticipation in the room grew palpable. The organizers of the breakfast attempted to get everybody seated at their assigned tables so that he could get into the room and be escorted to his place in accordance with security procedures. I complied as did most of the group, and I struck up a conversation with a fellow academic. We got lost in conversation as academics tend to do and did not notice immediately the commotion behind us. He had arrived. And he was swiftly surrounded by all the invited guests. Handshakes and even hugs began. There went Jesse Jackson, cutting through the throng to welcome him. It was a little hard to see him at first. All I could glimpse, with some tippy-toe action, was that famous head scarf. Sensing that we had better enter the fray, my colleague and I tried to get in line as best we could, but the line was more like a mob. It was truly an electric, emotional atmosphere as he worked his way through the crowd. We were getting closer, our opportunity was near. Then, with about three guests left (including me), his attendants cut him off in an attempt to move him to the front of the room. I would not meet him and shake his hand. I consoled myself with the thought that at least I got to see him — if not face to face, hand in hand. David P. Fidler, associate professor of law, teaches International Business Transactions, International Trade, and courses in public international law. Bill of Particulars / 9 Arafat's face and head scarf became connected ... with those black masks, the killing of those athletes, and a kind of madness. Then he did something that, well, just made my day. He ignored his attendants, moved all the way around our table, and walked straight up to me. There in front of me, hand outstretched, was Yasser Arafat. As I took his hand and looked into his face, so many things rushed into my head that I almost forgot to tell him who I was and why I was there. I did not fumble or muff my way through our short encounter, but I had the distinct feeling that I was not entirely "there." My mind and emotions seemed simultaneously in the past, the present, and the future. As he was ushered on his way, I realized that I had just encountered history. The Past My earliest awareness of "foreign affairs" came in two images emblazoned in my memory: the black masks of the Palestinian terrorists who abducted and murdered Israeli athletes at the 1972 Munich Olympics and the face of Yasser Arafat televised in connection with this awful incident. I remember listening to ABC's Jim McKay and other commentators trying to explain what was going on. Of course, none of it made any sense to an eight-year old whose life to date was distinguished only by a passion for Dallas Cowboys' football. I was not a very rational person at such a tender age, but this episode seemed to me to be crazy, perhaps even madness. What could possibly make people do such things? Arafat's face and head scarf became connected in my young mind with those black masks, the killing of those athletes, and a kind of madness. From that time forward, Arafat's face was a constant image in my gradual involvement in learning about international relations. His image haunted international relations as Munich was followed by the Yom Kippur War, terrorism against Israel, airline hijackings, the Israeli invasion of Lebanon, the destruction of the Marine barracks in Beirut, and the rise of Islamic Jihad. The more I learned in high school and college about the Arab-Israeli conflict the more confused I seemed to get. The steady accumulation of facts and information in my head did not seem to move me much beyond the numb disbelief I had during the 1972 Munich Olympics. Knowledge as such was not giving me any answers. At this time, peace between Israeli and the PLO and Arab states seemed to my mind both inevitable and impossible. It was not until I was studying international relations as a graduate student at Oxford University that I was able to break free from the association of the black masks and Arafat's face. I researched the origins of the Middle East problems for a seminar paper, and I found myself working through the intricacies and machinations that accompanied and followed the "revolt in the desert" during the First World War. The enigmatic "Lawrence of Arabia" became the key figure in my growing historical sensitivity. T.E. Lawrence combined romanticism and realism in a way that was intriguing. In his writings and his endeavors, Lawrence communicated to me a sense of the Arab peoples and their various aspirations. He made me see the Arab culture differently. He gave me different images of proud and ancient peoples struggling to maintain their identity and ways of life under Turkish rule and in anticipation of the arrival of new European overlords. Lawrence's sense of betrayal at the treatment of the Arabs after the end of the First World War by the British and the French exposed the duplicity those colonial powers were capable of effortlessly performing. The old origins of the problems in the Middle East, their long and bloody history, and the claims of the various peoples involved could not be done justice by clinging to disturbing images seen in childhood. It was also at Oxford that I had an experience that jolted my developing "academic" understanding of the Middle East problem. I was president of the Oxford University Strategic Studies Group, and we had invited the Israeli ambassador in London to speak to our group. Two weeks before his talk, the intifada broke out in the occupied territories. The Israeli ambassador's visit to Oxford became subject to strict security measures as Scotland Yard and the Oxford police searched for explosive devices in all the places the ambassador would visit. It is one thing to hear about security precautions of this sort, but it is a very different experience to be in the middle of them. The whole process spooked me. The images of the black masks and Arafat's face resurfaced again. This experience scared me into the realization that knowledge of the past, and the development of a more open mind about historical events, does not prepare one intellectually or emotionally for a present still plagued by fear, violence, and hatred. 10 / Bill of Particulars The man I watched sipping tea and nibbling on a muffin was at that moment more human and more historic than anyone I have ever seen. The Present A good client of my law firm asked me to come to a meeting to talk about a possible business transaction in the Middle East. I prepared my standard checklist and went along to the meeting anticipating hearing a proposal to do business in Saudi Arabia or Egypt. But, to my surprise, the client wanted to appoint a Palestinian resident in Gaza City as its sales agent in the Middle East. The Handshake between Yitzhak Rabin and Yasser Arafat on September 13,1993, was being felt in, of all places, Kansas City. Working on this proposed transaction led me deeply into the dynamics of the peace process under way between Israel and the PLO. The leaders and diplomats who crafted the Handshake repeated, like a mantra, the message that the peace process would not succeed without economic development in the Palestinian territories. My client was proposing to get involved in Palestinian economic development, albeit in a limited way, by setting up a distribution channel through the Palestinian territories. The challenge of figuring out how my client could help build peace by making profits proved simultaneously frustrating and riveting. (1) I found myself engrossed in what apparently was a critical feature of the plan to break the cycle of violence, terror, and hatred existing between Israelis and Palestinians. I tried not to pretend that what I was doing was really a part of the peace process. But, as I became more involved in structuring the transaction, I realized that I was, in fact, dealing on a small scale with the very issues that were relevant to the question of whether the Handshake would expunge black masks from the experiences of future generations of Israelis and Palestinians. In my work on the contract between the American company and the Palestinian, I came into contact with Builders for Peace (BFP), the nonprofit group established by the Clinton administration to encourage U.S. private investment in the Palestinian territories. BFP sent me a draft of the proposed Palestinian Law on the Encouragement of Investment. Swept up in the importance of economic development for the Palestinian people and the peace process, I did an analysis of the draft Investment Law for BFP as I left private practice to join the faculty at IU School of Law in Bloomington. This memorandum to BFP became over the course of my first summer in Bloomington a full-scale article on the prospects for foreign private investment in the Palestinian territories and how the Investment Law would affect such prospects. (2) BFP passed along drafts of my article to the Palestinian National Authority, and I circulated my drafts to experts at the World Bank and in Jerusalem. Suddenly, I realized that I was directly participating in the discourse about the relationship between peace and Palestinian economic development. My work was being circulated with Palestinian leaders and experts assisting economic development efforts. In a small way, I was intellectually at the heart of one of the key dynamics of the peace process. This reality came home to me dramatically late in the afternoon of Sept. 28,1995, when I received from BFP an invitation to join others involved in Palestinian economic development for breakfast with Yasser Arafat. The Future Arafat responded to my handshake and introduction with a kindly smile, a slight nod in my direction, and something in Arabic that I could not hear in the general clamor around us. I watched him from my table, sipping tea and nibbling bits of what looked like a muffin, and I was in awe. In making my way frantically to the Indianapolis airport the previous afternoon to catch the last flight to Washington, D.C., I wondered how I would react to meeting a man associated in my mind with terrorism and brutal violence as well as a struggle for self-determination and a limitless compassion for the Palestinian people. The man I watched sipping tea and nibbling on a muffin was at that moment more human and more historic than anyone I have ever seen. The internal tension I have felt for so long about Arafat and his cause at that moment eased enough for me to marvel at this man, his struggle, and his historical endurance. Watching Arafat brought to mind some advice from Edmund Burke, who counseled that a sacred veil should be drawn over the 1 My experience working on this transaction is described in David P. Fidler, "Drafting a Sales Representative Agreement for Palestine: Political and Legal Considerations," 1 International Contract Adviser 3 (Summer 1995). 2 David P. Fidler, "Foreign Private Investment in Palestine: An Analysis of the Law for the Encouragement of Investment in Palestine," 19 Fordham International Law Journal 530 (1995). Bill of Particulars / 11 beginnings of all governments. As I find myself involved in helping the Palestinians on issues of foreign investment and economic development, fresh from a personal encounter with Arafat, I am drawing that sacred veil across the beginnings of Palestinian self-government, not out of ignorance, prejudice, or temerity, but out of the realization that history is ambiguous potential. Peace between Israelis and Palestinians no longer seems both impossible and inevitable; now I know that peace is possible but not inevitable. Arafat rose to address the guests. He openly and honestly appealed for help. His blunt message was that without foreign private investment there would not be adequate economic development for the Palestinians. Everyone in the room understood the unspoken consequences of a failure to promote sufficient Palestinian economic development. Trying to lighten the mood, Arafat joked, "A friend in need is a friend indeed." The laughter relieved for a moment the tense concern everyone had about the prospects for Palestinian economic development. Arafat's joke was like a heavy sigh: Part of the arduous journey is done, but great distances and obstacles remain to be overcome. Arafat and Rabin had many more handshakes to make, much more history to shape and to become. The tragic assassination of Rabin in November 1995 has dealt the peace process a cruel blow. The consequences of this act of political violence cannot be predicted, but the removal from the scene of one of the great architects of the peace process deprives the process of an enormous source of courage and vision. Rabin's ability to see the need for accommodation with the Palestinians and his dogged pursuit of such a rapprochement was profoundly common sensical in contrast to the violent passions that have long characterized the Israeli-Palestinian dispute. But a beacon of prudence and reasonableness, no matter how bright, remains vulnerable to storms of rage and righteousness. When I learned of Rabin's death, a quote from Rousseau came to mind. Rousseau once wrote that to be sane in a world of mad men is itself a kind of madness. The peace process will badly miss Rabin's brand of madness. History's potential has become more ambiguous. The pessimism of Rousseau now partially pervades my thinking on the peace process. In a cruel twist of fate, the ultimate destroyer of the peace process may well be one of our most cherished values: the democratic process. Both the Palestinians and Israelis will hold elections in 1996. Democratic elections have the potential to make the peace process irreversible or to grind it to an abrupt halt. There is great concern that neither Arafat nor Shimon Peres have enough stature in their respective communities to triumph in the elections with a mandate to finish the peace process. We are faced with the following unsavory situation: Arafat and Peres may be compelled to try to make the peace process irreversible before the Israeli elections are held next fall. This effort may anger the respective electorates who might feel that these leaders are depriving the democratic process of a say in whether the peace process should continue. Continued terrorist acts by Islamic extremists against Israelis could exacerbate the anti-peace process sentiment in Israel. Even if Arafat and Peres do prevail in the elections, they will not get clear mandates as to how to proceed with the peace process because the respective houses of Palestine and Israel are too deeply divided on the issue. Meanwhile, all this political turmoil and uncertainty deters foreign investment in the Palestinian territories, increasing the alienation average Palestinians feel from the peace process and Arafat and strengthening the hand of radical Palestinian groups. Not a pretty picture. For these reasons, I would hazard that the potential for the peace process has become more limited after Rabin's assassination. Peace is not impossible, but whatever peace is constructed in the current environment might be more precarious and less harmonious than one would hope. Such a state of affairs will continue to provide fodder for those who prefer bombs to bargaining, terror to talking, death to detente. Are we at a point or nearing the point in this troubled history where we can fear, in those famous lines of William Butler Yeats, that "the best lack all conviction, while the worst are full of passionate intensity"? I am not ready to yield to that level of pessimism because I understand how far matters have come from those ugly days in Munich in 1972. But I am worried because the case for peace and the need for Palestinian economic development have not sunk deep enough roots in either community to support complacency or confidence. As Edmund Burke once said, in history, wickedness is a little more inventive. 12 / Bill of Particulars by The Honorable Lee Hamilton Hamilton Speaks out on The Responsibilities of Lawyers to Society Congressman Lee Hamilton, JD'56, delivered the following speech at the Indiana Law Journal recognition banquet in spring 1995. I am very pleased to be here to make some remarks in recognition of the efforts of those of you who have worked so diligently on the Indiana Law Journal. As you wind down your years of difficult study of the law, you have much to be proud of: • Your admission to law school was based on very selective standards, and you have endured a rigorous learning process. • You have attended an excellent law school, which is widely respected. • Your work on the Law Journal is a mark of distinction and shows your commitment to serious legal and policy debate. • You are joining one of the most select professions in our country, one which has had a rich history. Lawyers have played a major role in the founding of our country and in the continued success of our nation. Congressman Lee Hamilton, JD'56 Yet as you enter your chosen profession, you will find that our society has mixed feelings about lawyers. Some view lawyers as: • ambulance chasers, cashing in on personal tragedies; • the source of frivolous lawsuits and a drain on America's productive capacity; • and professionals over-concerned with the bottom line, who are making more money these days but achieving less, and who are in danger of losing what they were meant to be. Yet others see lawyers as: • the guardians of individual rights; • peacemakers among combatants; • problem-solvers who elevate reason over passion and prejudice; and • mediators between government and its citizens. They note that the private lawyer is the only profession specifically mentioned in the Bill of Rights as safeguarding the liberties of citizens against the abuse of government power. These mixed feelings about lawyers were evident on the House floor a Bill of Particulars / 13 Without the constant exercise of compromise and accommodation — politics, if you please — the country would come apart at the seams. few weeks ago. Members of Congress are keenly aware of the importance of lawyers in proposing and drafting legislation and in interpreting and implementing the laws we pass. At the same time, many members spoke out strongly in favor of legislation to curb the growing number of suits brought by lawyers that were said to swamp the courts, weaken the economy, and injure our global competitiveness. Public opinion polls show a similar ambivalence about lawyers. Lawyers as a whole rank low in public esteem, and, according to a recent National Law Journal survey, Americans' cynicism toward lawyers is growing. Nevertheless, people respect the particular lawyers they know and, in general, are satisfied with legal services that they have received. Polls show that parents often want their children to be lawyers. Jurists have mixed opinions of lawyers. Many emphasize their importance and speak of them in glowing terms. Yet former Chief Justice Warren Burger a few years ago warned that we were becoming "a society overrun by hordes of lawyers, hungry as locusts." Chief Justice William Rehnquist said that the legal profession once gave the country leaders like Thomas Jefferson and Abraham Lincoln, but is now more concerned with billing customers. What is the role of the lawyer in society? What can he or she bring to the process? What special skills do lawyers possess that can make our society a better place to live? My view is that lawyers are uniquely trained to contribute to our society in especially meaningful ways. Permit me to give a few impressions from the vantage point of a member of Congress, who, in the distant past, once tried his hand at practicing law. Three major responsibilities of lawyers to society Lawyers often see the world in terms of their responsibilities to their clients and their duties as officers of the court. These are certainly central to a lawyer's work, but let me express several other responsibilities that lawyers also have to society. This may be a list of what a politician expects of lawyers. For years, I have been listening to comments about what lawyers expect of a politician. Today, I want to turn the tables on you and make a few comments on what this politician expects of lawyers. 1. Help manage conflict, resolve conflicts First, I hope that you will help resolve conflict. You should view yourselves as society's negotiators, mediators, and peacemakers. I work in the atmosphere of the Congress, where the need to soften tension and resolve conflicts is becoming ever more evident. The political process today often breaks down, and society becomes fragmented. What we often need is the skill of lawyers to reduce tension and manage conflict. Resolving conflict is central to the political process. In a country as big and diverse as America, worthy groups will want mutually incompatible things. For example: • Millions want more resources for social security and health care for older Americans; other millions want more for our children and for education; while still other millions want deep cuts in all federal spending. • Millions want expanded efforts to achieve equality for all Americans; other millions think we have already gone too far in our efforts. • Millions want significant tax cuts; other millions think our priority should instead be deficit reduction. Without the constant exercise of compromise and accommodation — politics, if you please — the country would come apart at the seams. In Congress it seems that increasingly the emphasis is on staking out a position rather than in working toward a consensus. Compromise and accommodation are not unsavory terms. They are the stuff of freedom. Without the constant exercise of compromise, the common good will not be realized, and a responsive government simply could not exist. No one is better prepared for the role of mediation and resolving conflict than lawyers. It is in law offices — not in the courts — that the vast majority of disputes are settled. 14 / Bill of Particulars As lawyers, you can perform valuable service to society beyond your efforts on behalf of particular clients. The skills of a lawyer that mediate and reduce conflict in society are essential to a free society. Your legal training has instilled in you a sense of tolerance and the recognition that no question can be properly decided until both sides are heard. To quote Archibald Cox, "Through the centuries, men of law have been persistently concerned with the resolution of disputes.. .in ways that enable society to achieve its goals with a minimum of force and maximum of reason." I would expect men and women of law to possess a sense of constructive concern for interests beyond their own. Politicians often hear from special interest groups pushing their particular agendas. But from lawyers, politicians expect a concern that reaches beyond their own immediate personal interest, a concern that is constructive, seeking to build bridges of understanding and reconciliation. Some say that lawyers spawn litigation and controversy rather than work toward resolving conflicts. Warren Burger once criticized lawyers for acting as "hired guns" out to grab victories in lawsuits rather than serve as "healers" of society's legal ills. He said that lawyers have an "irrational focus — virtually a mania — on litigation as a way to solve all problems." While more needs to be done, I am nevertheless encouraged by recent efforts by the legal profession to: • reassess the role of the lawyer in society; • make the legal system more efficient and streamlined; • expand training in negotiation and dispute resolution; and • emphasize the positive roles of lawyers in mediating public and private concerns. With your professional skills, you can play a unique role in confronting and solving our common problems. Lawyers, perhaps more than people from any other profession, are needed to make the system work. Society is becoming ever more complicated; the lawyer's skills of mediation and conflict resolution are needed now more than ever. As lawyers, you can perform valuable service to society beyond your efforts on behalf of particular clients. You can help people and enterprises and governments to use their influence to help promote the common good. You can help find pragmatic options, and be problem-solvers. You may at times be paid large fees for your service, but my guess is that when the last day of your legal practice is done, you will be proudest not of the large fees but of the distraught, worried, and upset people who came into your office and left grateful and at peace because you helped them. 2. Help the disadvantaged Second, I hope that you will keep an eye on the disadvantaged. You should view yourselves as guardians of all, not just the rich. I get the very uneasy feeling in visiting law offices today that only a few people can afford to hire attorneys, and that these formidable and impressive skills are often used only for the wealthiest one percent of the people. The O.J. Simpson trial — with his team of high-priced attorneys — reinforces that perception for many Americans. Someone may have a $500 dispute with his neighbor over a property line, but he is just as anxious to get it resolved as the largest corporation involved in high-stakes litigation. The same kind of legal skills are needed in both cases. Wealth should not be the only criterion for access to the legal system. In my work, I see an enormous need for legal services. Hundreds of people call my office with problems about property law, domestic relations, or insurance matters — when instead they should be calling a lawyer. Yet they can't — they are priced out of the system. A few years ago, former Harvard President Derek Bok charged that our system of justice was the most expensive in the world, but could not manage to protect the rights of most of its citizens. He said that blacks, Hispanics, and the poor have limited access to the expensive legal system. The problem has spread to the middle class, many of whom cannot afford the fees but, unlike the poor, have no public or private programs available for free legal assistance. Recent studies bear this out. One poll estimated that only one in five Americans eligible for free legal services actually receives them; up to 40 percent of the needs of moderate-income people go unmet. The availability of legal services at affordable rates to lower- and middle-class Americans remains an unachieved goal. My view is that lawyers have an Bill of Particulars / 15 Our Founding Fathers recognized that in order for our government to succeed, good laws were not enough. It all depends on the people. obligation to contribute some of their talents for the public good. Law is a profession of service, with significant public obligations. It is not a trade in the marketplace or "just another business." There are many reasons for becoming lawyers: • financial rewards; • public esteem; • the enjoyment and challenge; and • I hope, also public-spiritedness. Choosing a career in the law indicates to me that you have a certain commitment to the public good. For some of you that may be your primary reason for practicing law, but for all of you it should be a component. I applaud the recent efforts to improve access to the law, such as: • the pro bono work provided by many lawyers and law firms; • the use of paralegals to make routine legal services more affordable to the middle class; • the growth of information that aids the public in finding lower-cost legal services and even finding alternatives to hiring a lawyer and going to court; and • the increase in programs by law schools to provide legal services to those in need, such as IU's community legal clinic. But my sense is that much more needs to be done. The gap between the need for your legal skills and the ability of most Americans to pay for it seems to be widening. In assessing the current state of the profession, Supreme Court Justice Harry Blackmun recently posed a challenge for new lawyers: "Are you bothered at all," he said, "by the current emphasis in the legal profession on the 'bottom line/ on billable hours, on advertising, and on a reluctance in many quarters to engage in pro bono work?" I hope that each of you will take up this challenge in deciding for yourselves how much of your service will be made for the common good, helping those with limited access to our legal system. 3. Foster respect for the law Third, I hope that you will help foster public respect for the law. The declining respect in public institutions is well-known. People look around and see: • the big money scandals on Wall Street; • improprieties by major corporate law firms; • the legacy of the savings and loans scandals; • the indictments of members of Congress and local public officials for bribery and official misconduct; and • abuses by defense contractors and other officials in the private sector. Americans wonder whether anyone in charge can really be trusted to do what is right. They are developing a cynicism about the law and the administration of justice, and wonder why they should be obeying the law when no one else seems to be. Members of Congress can, and should, work to improve public respect for the law. So should you. Our Founding Fathers recognized that in order for our government to succeed, good laws were not enough. It all depends on the people. They must understand the importance of the rule of law, and respect it. Lawyers are the key group in promoting respect for the law. As Justice Sandra Day O'Connor recently said, "Lawyers hold in their possession the keys to justice under rule of law...." Lawyers know more than most that our society rests on a constitutional and legal base. Attorney General Janet Reno put it this way, "Lawyers have got to start teaching the people what the law is about — not in terms of Roman numerals or alphabets or titles — or this act or that act.. .but in words that people can understand: right and wrong and justice and time and efficiency." All of us have basic obligations of citizenship that require us to contribute, sporadically at least, to the well-being of our democratic system. Yet lawyers have special responsibilities, deriving from their training and position, to preserve and perfect the legal institutions that constitute and 16 / Bill of Particulars Your choices will not always be easy, and the moral and legal conflicts you face may be numerous. How you respond will shape how many Americans feel about the rule of law. protect the public good itself. Lawyers improve public respect for the law by setting good role models through their everyday practice of the law. In the Canons of Professional Ethics, lawyers are urged to render services or advice "tending to impress upon the client.. .exact compliance with the strictest principles of moral law." In each of your actions every day with clients, you will encourage — or discourage — their perceptions about the value of the law. From you they will learn whether it is something to be respected or something to be skirted. Your choices will not always be easy, and the moral and legal conflicts you face may be numerous. How you respond will shape how many Americans feel about the rule of law. Whether you work in private practice or public service, in small or large offices, you will share responsibility for guarding the process of law, which is a chief measure of the decency of a society. Democracy places demands on us Government by consent does not exist once and for all, but must be steadily created. Ultimately, we realize that we stake our future in this country on the capacity of each of us to play our part in the democratic system and to carry our share of the load. So far, the gamble has been worth the risk. Democracy places an extraordinary demand for discipline on each of us: • Each of us must seek to restore in our own lives a sense of the common good. • Each of us must worry less about what happens to ourselves, and to the organizations we happen to cherish, and focus more on how to advance the common good and the rule of law. • Each of us must restore our basic respect for the law and try to help out our fellow citizens. If we do those things, the resolution of our common problems may prove to be less formidable than we think. As lawyers, you will have a special role to play in our society and special obligations to meet. For this country we all love to function right, lawyers need to: • foster respect for the law; • keep a special eye on the legal needs of the disadvantaged; and • resolve conflicts and find pragmatic solutions to problems. I have spoken about what a politician expects from lawyers. Let me observe that I'm grateful that I do not have to hear from you today about what lawyers expect from politicians. I'm quite sure that your list would be longer than mine. It's a short commute from your computer to Bloomington. Hop on the electronic highway and visit the IU School of Law-Bloomington's home page. The address is (http://www.law.indiana.edu/). While you're at it, why not send us a class note via e-mail at (iualumni@indiana.edu). You can also send your comments and suggestions about Bill of Particulars to Associate Dean Lauren Robel at (lrobel@indiana.edu). Bill of Particulars / 17 by Milton R. Stewart Observations of a Practitioner in Residence It had been nearly a quarter of a century since I had graduated from the Indiana University School of Law in Bloomington. Although honored to have been asked by the law school to serve as a practitioner in residence, I wondered what I could tell the students that would be relevant, whether I could keep their interest, and, perhaps most important, whether the cost, in terms of the better part of a week away from my practice, would be worth it. I am happy to report that, having survived the ordeal, my thoughts and opinions regarding it are extremely positive. Not only did I enjoy the experience, but I believe that the students did too. Perhaps more important, they gained a perspective and insight that they do not receive from their day-to-day academic interaction with their professors. Also, the experience served to strongly reconnect me to the law school and to renew my commitment to supporting its efforts to maintain and expand on its reputation of excellence. ... discusses job-searching strategies with law student Randy Sifers after an open meeting ... Milt Stewart, JD'71, speaks to students Clearly, my strongest and most positive impression gleaned from my all too brief three-day visit was that both the student body and faculty are bright, energized, and a credit to both themselves and this school. In my three days at the law school, I taught or participated in the courses on Corporations (Professor Ann Gellis), International Business Transactions (Professor David Fidler), and Corporate Finance (Professor Alysa Rollock). In each of these courses and seminars, there were engaging and energetic debates, and the students evidenced an awareness of and a concern for the practical world that I do not remember sharing during my days at the law school. The faculty was equally energized and exciting. Somewhat to my surprise, and great pleasure, they were also extremely welcoming and seemed genuinely appreciative of having a practitioner speaking to their students from a practical perspective. In addition, I was pleased to find that the faculty is anchored by a number of professors who were there (many then just starting out) when I started at the law school in 1968. Pat Baude and Roger Dworkin are standout professors on anyone's score card. Bill Oliver and Harry Pratter are still active, although in lesser roles. Ed Greenebaum, Bill Popkin, Tom Schornhorst, and Doug Boshkoff have all remained active in and vital to the law school's varied and excellent curriculum. Both students and faculty shared with me their confidence in the future of the law school and their satisfaction with its current level of accomplishment. All expressed in one way or another the thought that Roger Dworkin shared with me: The law school is in the best position it has been in 25 years. Much of the credit for that goes to Dean Aman and his team. Dean Aman has brought stability, certainty, and quiet strength to the law school. He is supportive of and relates well to the students, while at the same time enjoying the strong and very broad support of his faculty. It is also my impression that he has substantially increased the quality of both alumni relations and the public relations and marketing posture of 18 / Bill of Particulars ... talks with Dean Aman between sessions with students ... the law school. Finally, special kudos to Adjunct Associate Professor Sarah Jane Hughes. Her boundless enthusiasm and notable dedication to excellence and the practical perspective she brings to the classroom make Indiana University School of Law a much more exciting, dynamic and enjoyable place. She vividly demonstrated her commitment to her students in the law school by arranging interviews for me with excellent students interested in positions with our firm or on the West Coast. I enjoyed getting to know her and working with her immensely. I think she adds a special dimension to Indiana University School of Law. In sum, my experience as a practitioner in residence was extraordinarily enlightening and enjoyable. It not only gave me confidence in the future of the law school, it caused me to re-examine my support of it and to rededicate myself to its excellence. Photos by Randy Johnson Practitioner in Residence Program The Practitioner in Residence Program, which began in 1986, brings distinguished attorneys to the law school to meet with students and to share their expertise and insights. Through the years, many outstanding practitioners have accepted the school's invitation to return to campus, and some of these practitioners have been able to remain at the school for an extended visit. By sharing their time and special abilities, the practitioners have enhanced the curriculum and enriched the intellectual life of the school. John Carroll, of Carroll Johnson & Griffith, Evansville, was the first in the program. Jack Kimberling, of Dewey Ballentine Bushby Palmer & Wood, Los Angeles, was the first to be able to spend a full semester at the school teaching a Trial Process class. We look forward to the visits this spring of Alecia DeCoudreaux, executive director of Lilly Research Labs, Indianapolis, and Dottie Frapwell, Indiana University Counsel. ... meets with members of the Business and Law Society at the Dean's Roundtable ... ... and discusses practice issues with law students Jill Pitcher and Chris Pappaioanou. Bill of Particulars / 19 Around the School First-Year Students Have Varied, Engaging Histories In the fall, the school welcomed 210 members of the first-year class, representing the diversity of backgrounds and accomplishments with which the Indiana University student body has come to be identified, according to Pat Clark, admissions coordinator. This year's class comes to Bloomington from 31 states and two foreign nations, representing 91 undergraduate institutions. Of the 210 entering class members, 81 are women (39 percent), and 129 are men. Minority enrollment within the class includes 49 students (23 percent), where 11 (5 percent) are Asian American, 15 (7 percent) are Hispanic American, and 23 (11 percent) are African American. The students' ages span three decades, from the youngest of 20 to the oldest of 50. In addition to their excellent academic records, the students bring to the school varied backgrounds and impressive leadership and service experience. Among these many students, we have chosen a few to highlight here. First-year students picnic at Bryan Park in August. Matt Riordan, of Lexington, Mich., came with a personal recommendation letter from Vice President Al Gore. While working in the White House for two years before coming to the law school this fall, Riordan said he was assigned to the first permanent environmental policy office in White House history. He became interested in environmental matters after working as part of a commercial fishing crew in Alaska after college. When he decided to pursue law school, he asked Vice President Gore for a recommendation letter. Three first-year students have been English instructors overseas. Harold Johnson, of Shelbyville, taught in Venezuela, and Andrew Welborn, of Fort Wayne, taught in Germany. Cynthia Baraban, of Marion, obtained her degree in Russian studies and political science from DePauw University and visited the Soviet Union twice as a student. Following graduation, she returned to the area to teach English in Estonia. As a result, she was present in the country when Premier Mikhail Gorbachev introduced perestroika and glasnost, and when Estonia obtained its independence from Russia. First-year Diallo Dphrepaulezz, of Petersburg, Va., was student body president at Virginia State University, as was Rainier Gonzalez at Florida International University. Gonzalez is also starting his first year in the company of his brother, Eleazar, both of Hialeah, Fla. Siblings in the same class are unusual but not unique at the law school, according to Len Fromm, assistant dean of student affairs. There are two medical doctors among the group. Dr. Clovis Manley, a family physician, formerly of Evansville, begins this year as a full-time student. Dr. Robert Richey, of Bloomington, is maintaining his 20-year gynecology practice while studying law part time. Joseph Wright, of Indianapolis, is the only professional actor in the class. Wright has been in show 20 / Bill of Particulars business for many years, starring in a Broadway production of Oliver. He also appeared in a stage production of the Stephen King novel Silver Bullet. His TV-movie credits include roles in Poison Ivy for NEC and The Brat Patrol for Disney. The United States Armed Forces are also well-represented. James Dell, of Indianapolis, is a former flight instructor for the United States Navy, and Kelly Eberspecher, of Douglas, Wy., is a former Navy SEAL. Dr. Manley is also a Navy man, as are Eleazar Gonzalez and Scott Crane, of Portland, Ore., who also served in the Air Force. Dr. Richey and Wesley Marion, of Lafayette, are also Air Force veterans. Kevin Robling, of Boonville, and Doug Bishop, Atherton, Calif., both served in the Army. One first-year student, Ivo Travnicek, now of Fort Wayne, served in the Czechoslovakian army. Four-year varsity and club-level athletes are well-represented in the class. Emily Bartanen, of Pekin, played tennis for Hanover College, where she missed having a perfect season during her senior year because a sprained ankle forced her to default her last match. Erin Clancy, of Pembroke, Mass., played club lacrosse for four years at Purdue, traveling throughout the Midwest for competitions. Clancy was also team captain for her high school team. "It's a big sport in the East," she says. "It's not really well-known in the Midwest." Bryan Woodruff, another Boiler-maker, was a member of the water polo team, also played as a club sport. Woodruff, of Little Rock, Ark., turned to water polo because he was tired of competitive swimming. He first came to the Bloomington campus while traveling with the water polo team. Natalie Chavis, of Indianapolis, ran track for Purdue, specializing in the hurdles and the relay teams. During her junior and senior years, she placed in the Big Ten championships in 55-meter, 100-meter, and 400-meter hurdles. Natalie also has the distinction of being in the third generation of law students in her family. Her father, Patrick Chavis III, JD'69, and her brother, Patrick Chavis IV, JD'90, are attorneys in Indianapolis. Her grandfather, Patrick Chavis Jr., was the first lawyer in the family. Natalie is also studying for her MBA and would like to become involved in sports law after graduation. John "Kruk" Terry, of Carmel, was a four-year baseball player at Wabash College, playing at four different positions and batting over .360 during his junior year. Peter Jurgeleit, of Bangor, Maine, rowed for four years at Dartmouth College before graduating in 1991. He moved to Seattle and took up climbing, and has scaled every volcano in Washington, including Mount Rainier (14,410 feet). He has also hiked over more than 300 miles of the Appalachian Trail. First-year student Tara Sohlman, of Brownstown, showed quarter horses throughout the four years of her undergraduate study. These students and all of the first-year class bring to the law school backgrounds that demonstrate the kind of leadership, determination, creativity, and world experience that will help to make them successful students and effective lawyers. Newest Law School Faculty Member Is David Fidler Settling in Bloomington was not much of a problem for the law school's newest faculty member, David P. Fidler, or his family. "Bloomington reminds my wife and me of Lawrence, Kan., where we both went to school. Both have large metropolitan centers nearby, and both have the basketball tradition," says Fidler. "It was really more of a shock spending six years in England — three in London — then moving back to Kansas City. We didn't realize how English we had become." Fidler came directly to the faculty from the private practice of law in Kansas City, accompanied by his wife, Shari, and their young daughters, Mailyn and Hannah. Shari is vice president of sales and marketing for RF Nature Farm Foods, which distributes natural and organic food products. The professor practiced with the firm of Sullivan & Cromwell in London before moving to Stinson Mag & Fizzell, Kansas City. His practice was focused primarily on international corporate law and financial transactions. While he acknowledges that the field might seem dry to some, he says, "It's actually very interesting. When I was Bill of Particulars / 21 David P. Fidler Eric Ward in London, we did international corporate transactions for very big companies, like British Petroleum and British Airways. "In Kansas City, most of the counseling was with small and medium-sized firms that were not as seasoned. It made me aware that the global market had arrived. Small and medium-sized firms were looking at the world as their market." For Fidler, this knowledge presented a challenge. "I'd been teaching and doing private practice since I graduated from law school, so I had a foot in each world. But I felt I had to make a decision. It seemed like a good time to move to teaching. Given my field of international law and the interest in it, it was a good time to make the switch," Fidler says. Prior to coming to Indiana University, Fidler taught courses in international relations at the University of Kansas, Harvard University, Central European University in Prague, and the University of Oxford. He also has a lengthy and distinguished academic career. He received a bachelor's degree in political science and English literature, summa cum laude, from the University of Kansas. He received a master of philosophy degree, with distinction, in international relations and a bachelor of civil law degree, with First Class Honours, from the University of Oxford. He received his law degree, cum laude, from the Harvard Law School. But it was his interest in the matters he encountered in private practice that finally led him to his decision to teach. "Those interests that were faced by the clients, I thought I could pursue to a greater extent in teaching because the clients were more interested in the 'bottom line," Fidler says. Professor Fidler taught International Business Transactions in the fall semester and is teaching International Trade and a seminar in Public International Law this spring. Alumnus Is First U.S. Legal Officer at The Hague Third-year law student Eric Ward finished his course work in December and traveled to the Netherlands to accept a position as a legal officer for the International Court of Justice at The Hague. He is the first American ever to serve in this post. Ward, of Monticello, will work in the registry, which facilitates the daily operation and financial administration of the court. It provides assistance to the judges of the court including correspondence, legal research, drafting and translation, interpretation at meetings, and preparation of publications. The International Court of Justice is empowered to review all matters that arise under the United Nations Charter, including questions that arise between nations and advisory constitutional questions that arise within the U.N. The court comprises 15 judges, five of whom are elected to nine-year terms every three years by the U.N. General Assembly and the Security Council. Ward was directed toward the job last year by Visiting Professor Elisabeth Zoller of France. He worked as her research assistant during her visit to IU, and when she saw the listing she encouraged him to apply. His work with the International Court requires Ward to speak, read, 22 / Bill of Particulars and write fluently in English and in French, the official languages of the court. As a major in French and history at DePauw University, he was named the Outstanding Romance Language Student in his senior year. During law school, he translated a French essay reappraising Tocqueville's relevance for Europe. The essay was included as a chapter in the book New French Thought published by the Princeton University Press. Living in Europe is not a new experience for Ward. As an undergraduate, he studied in Strasbourg, France. He returned to France following graduation to clerk for a Strasbourg law firm during the summer before law school — the summer of the Maastricht Treaty. Ward spent the summer after his second year of law school working for Curtis Mallet-Prevost Colt & Mosle in Frankfurt am Main, Germany, where he gained experience in international corporate law and studied German. During fall semester 1994, Ward worked for the U.S. State Department, Office of the Legal Adviser, which acts as counsel to the foreign service. Through that work, Ward said, he acquired legal experience in the fields of foreign trade, negotiations, treaty law, and international human rights. In summer 1995, he clerked for Stuart & Branigin in Lafayette. Ward commented that the court was impressed by his diverse experience. "They liked my work with the law firms in Germany and Indiana, as well as the affiliation with the State Department. And it was vital to the Francophones on the court that I had French legal and linguistic experience." Although he believes his legal and language backgrounds qualified him for the position, he was grateful for the enthusiastic recommendations from professors Delbriick and Zoller and Dean Aman. Delbriick has been a member of the Permanent Court of Arbitration at The Hague since 1985. As he completed finals, Ward was looking forward to the new challenges in his position. His term of appointment is for one year, with options for reappointment. But before beginning his assignment, Ward traveled to France with his family to attend his brother's wedding. He assumed his position at The Hague on Jan. 2. Visiting Spanish Scholar Adds Fresh Dimension to Summer Program Luis Diez-Picazo The law school's summer school program was enhanced this year by the presence of noted Spanish scholar Professor Luis Diez-Picazo. Diez-Picazo is a member of the law faculty of the European University Institute, a postgraduate study institution in Florence, Italy. The center, which began in 1976, is supported by the member states of the European Union. It was created as a center for advanced research and teaching in the social sciences and has four departments: economics, history, political science, and law. There are about 400 students in the institute and 40 faculty. There is little formal teaching, since it is a graduate institute, and the majority of the work is through direct supervision of research of the students. This was the professor's second visit to the IU campus. In 1993, he served as a visiting professor in the West European Studies Program. This year, he served in a joint appointment with the West European Studies Program and the School of law. In the law school, Diez-Picazo taught a course in European Union Law. Diez-Picazo writes in the areas of administrative and constitutional law. He explained that in most European countries, there is not such a sharp division between administrative and constitutional law as there is in the United States. Diez-Picazo is an author of numerous books and articles, including his book The Repealing of Laws, published Bill of Particulars / 23 in Madrid, and the article "A Constitution Without a Bill of Rights? (Fundamental Rights in the European Union)." In an interview this summer, Diez-Picazo said that he enjoys teaching in the United States and finds the experience different from teaching in Europe. His students in Florence already have their law degrees prior to attending the institute, "so we usually don't have to teach them the fundamentals." Although he finds many similarities between European and American law students, he comments that the atmosphere in European law schools is somewhat more relaxed. Students in American law schools are more competitive. "They are concerned with their future and their grades," he says, "because grades can determine their future careers. Most European students would not be so concerned with that. It's not that European students are less concerned with their futures, but the general atmosphere is different." Instructors Share Legal Writing Talents Sophia C. Goodman Seth M. Lahn Two new legal writing instructors have brought a wealth of experience and diverse backgrounds to the law school this year. Sophia Goodman received her undergraduate degree summa cum laude from Bryn Mawr College in classical archeology. She finished first in her law class at the Case Western Reserve University Law School, receiving her JD summa cum laude. She also studied in Greece and Wales. She returned to Washington, D.C., her childhood home, to work in the appellate litigation section of the Equal Employment Opportunity Commission. But her marriage to Indiana University Professor of Classical Studies Matt Christ posed the problem of commuting. "When he was on leave, we lived in Washington. When I could, I would come out here to work with clerkships," Goodman says. She worked in that capacity for Senior Judge S. Hugh Dillin and Chief Judge Sarah Evans Barker of the United States District Court for the Southern District of Indiana in Indianapolis. A year ago, the couple's situation changed. "We had a baby, so there was no more commuting," says Goodman. Their daughter, Maggie, just celebrated her first birthday. "When I saw this job, it seemed perfect. I've always wanted to teach. Now I guess I'm taking a break from my writing to help other people learn to write." Seth Lahn is a native of Connecticut, but he came to the law school by way of Indiana state government. A graduate of Yale University and its law school, Lahn's first connection to Indiana came while he was at the Georgetown University School of Public Service in 1975. While at Georgetown, he served as an intern for Indiana Senator Birch E. Bayh Jr. When the senator's son, Evan Bayh, was elected governor in 1988, Lahn was asked to join the new administration. "I had a general litigation practice in New York City, with a little more emphasis on governmental and not-for-profit clients. I did commercial litigation and products liability, and I even represented the National Audubon Society in a will contest over some environmentally important land," Lahn says. 24 / Bill of Particulars As part of the new Indiana administration, Lahn assumed the position of assistant commissioner and head of the legal department within the newly consolidated Indiana Department of Human Services. He subsequently served as deputy general counsel for the state's Family and Social Services Administration. When Pam Carter was elected the state's attorney general in 1992, Lahn moved to that office to work as a deputy attorney general in the federal litigation section. But, Lahn says, he had a strong interest in teaching. "I've always enjoyed working with less experienced attorneys, and other people have told me I'm good at it. When this opportunity came open, I took it." Visiting Husband-Wife Professors Enjoy Midwest, New Challenges For two visiting faculty members, this school year presents the opportunity to return to the Midwest, to visit friends on the IU campus, and to pursue long-favored projects. Kathy Abrams is the O'Byrne Visiting Professor of Law this year. She comes to the law school from Cornell University, where she holds a dual appointment as professor of law and associate professor in the Ethics and Public Life Program. Kathy Abrams Bill Kell "My husband and I are both Midwesterners," she says. "We're both from Ann Arbor, Mich., and we have friends on the faculty here. These appointments give us the opportunity to spend some time closer to home, and Bill also has a chance to start a children's law clinic." Abrams' husband, Bill Kell, was in private practice in Ithaca, N.Y., before coming to Indiana. As a visiting associate professor, he will be teaching Children and the Law and organizing the Child Advocacy Clinic as a part of the school's existing Community Legal Clinic. Abrams will be teaching Voting Rights, Feminist Jurisprudence, and Advanced Constitutional Law, which she describes as her favorite courses. "At Cornell, I taught undergraduate, graduate, and law students, sometimes in the same classroom," Abrams says. "The law students were more sophisticated in some things, but I found that some of the undergraduates were more knowledgeable in feminist theory." Abrams has been pleased with Bloomington and Indiana University. "Bloomington seems like a progressive place. The constituencies I care about are alive and well here. In that respect, it seems more like Ann Arbor than Ithaca." She has also found a different type of law student at Bloomington. "I like the engagement of students here with the real world," she says. "There is more connection to the legal and political structures. I think that produces a more informed discussion in class. People also have a very noncynical, hopeful view of lawyering as a profession. That's good, since most of them want to be lawyers as opposed to going into teaching, for instance. Students here seem very serious about wanting to practice. I also see more who are interested in criminal law and getting into small-firm practice." Kell's appointment will allow him to pursue an interest in advocacy for children that began with the receipt of his psychology degree from the Bill of Particulars / 25 University of Michigan in 1981. While working with a social service agency in Ann Arbor, "I really got an idea of the problems families face," Kell says. "There were a lot of families tied up in the legal system, and it was not really helping them. I could also see that the kids had no voice. I developed a real desire to do things in the policy area and to have a broader effect on the system." Kell enrolled in the Wayne State University Law School, receiving his degree in 1987. During his law school years, he became familiar with the University of Michigan's child advocacy clinic. "That's when I got a real sense of what students could do to help children," he says. "I was brought here to start a child advocacy clinic along the lines of those at Michigan, Yale, and Northwestern. I would like to see a two-pronged approach. One part would be litigation on behalf of kids in cases like neglect, abuse, and substance offenses. The other would be nonlitigation roles for the law students, possibly placing them in state agencies, where the focus would be on the settlement of cases." A large part of Kell's Ithaca practice was related to children, and he often served as court-appointed counsel on behalf of them. But his primary child-related interest is closer to home. "My wife and I are the parents of a very active three-year-old named Eli," he says. Kell is also enjoying the Bloomington stay. "We like it here. We love our colleagues, and the students seem to be very bright. I'm having a good time here." Ralph Nader Challenges Law Students Ralph Nader speaks to law students on corporate power and the public interest. Consumer advocate Ralph Nader spoke at the law school in September, where he asked law students to consider the kind of mark they wanted to make on the law in the country. The lecture, titled "Corporate Power, the Public Interest, and You," chronicled the growth of public interest law in the United States since Nader's graduation from law school at Harvard in 1955. He noted that since the mid-'50s, the emergence of public interest law has not only changed the daily life in the United States, but has also changed the way corporate law is practiced. And yet, he commented, "The law has a lot more to give by way of discipline and liberation and creativity than it is giving, because there are not enough practitioners in public interest law." He asked the students if they wanted to work the frontiers in law: • to develop techniques to make our bureaucracies accountable beyond the present system of administrative law; • to handle the difficult, economic investment incentive problems to produce adequate housing in the country at an affordable cost; • to develop the internal corporate disincentives to corporate crime; • to give the whistle blowers rights and someone to represent them; • to be the architects of new forms of economic organizations and political organizations that are flexible enough to respond to the 26 / Bill of Particulars needs of change; or • to facilitate and shoehorn — at the local level — the civic advocacy that bubbles up, gets mystified and confused by legal jargon, and bubbles down in disappointment, sometimes never to return? Nader challenged students to become liberated from conventional corporate restraints. "Are you budding lawyers growing up corporate or growing up civic?" Nader and members of his graduating class at Harvard have funded a Center for Law and Justice at Harvard. This center, which uses the law school as a clinical backup, focuses on juvenile justice issues. Using this center as a model, similar centers are being established in law schools at Rutgers, Montana, and Hawaii. Nader told the students that it was "up to you as law students to both inspire them [established alumnil and to say to them, as one law student said to us: 'If we want to do the right thing by the law, we've got to have a place to go to work, and it's your obligation to provide that, given your stature in the profession.'" He closed with a paraphrase of an ancient Athenian code of citizenship: "'I pledge to leave Athens better off than when I entered it.' So simple — you want to ask yourself how do you pledge to leave the Indiana University School of Law better off, in an institutional way, than when you entered it; so that those who come after you will have an even more effective and invigorating legal education, one that raises their sights to tangle with the really important problems in our country." Gene Shreve Gene Shreve Gives Melvin Lecture On Nov. 10, the first Richard S. Melvin Professor of Law, Gene Shreve, presented a lecture, titled "Choice of Law and the Forgiving Constitution," commemorating the establishment of the professorship. An active scholar and teacher, Shreve published in many major law journals. He is co-author of the treatise Understanding Civil Procedure and will soon publish an anthology of studies in conflicts of laws. He teaches Civil Procedure, Conflict of Laws, and Federal Jurisdiction and is director of graduate legal studies. The newest named professorship in the school was established in 1994 by the John W. Anderson Foundation in honor of Richard S. Melvin, a 1934 graduate of the law school. Melvin returned to Valparaiso following his graduation and joined the firm of Davis & Eichhorn. He worked with the Anderson Co. as an outside attorney and later became an officer in the company in its early years. In 1967, when the Anderson Foundation was established, he became one of its first board members. Today, he chairs the board. Student Wins Law Day Speech Award Jay Meisenhelder won second place in the 1995 Judge Edward R. Fince Law Day Speech National Competition sponsored by the ABA. In his speech, "E Pluribus Unum — Out of Many, One: Lawyers and Intellectual Segregation," Meisenhelder argued that "lawyers and future lawyers, are part of the world around us. What we do matters in terms of whether this nation will continue to grow through the assimilation of all that is best among all of our people." Jeff Stake Receives Teaching Award Professor Jeff Stake was named the 1994-95 recipient of the Leon H. Wallace Teaching Award, which was created in 1987-88 to recognize significant contributions in the area of teaching. The award recipient is designated by the dean after consultation with a Student Advisory Committee. Criteria for selection include teaching methods, command of subject matter, ability to evoke interest in the subject, sensitivity to Bill of Particulars / 27 Jeff and Janet Stake student comprehension, demeanor and attitude, respect for students, sincere interest that students benefit from the teaching, sense of honesty, and sense of humor. Students in Stake's classes on Property and Land-Use Controls consistently praise him for the clarity of his lectures, his complete organization and structuring of classes, his openness to questions, his methods of summarizing and review, and, certainly, his sparkling sense of humor. "Professor Stake makes fantastic use of student comments and keeps discussions on an interesting yet entertaining level," wrote one student. Dozens of Property students cited Stake as "a fun teacher," "extremely receptive," and someone who could "make an occasionally tedious subject come alive" by taking "a very dry topic and dealing with it through a joke, an anecdote, or a top-10 list." Students in Stake's Land-Use Controls class are especially laudatory of his knowledge, scholarship, and presentation. He "makes such an incredible effort to make the class interesting and enjoyable," said one student, while another simply declared that, based on his superior grasp of the subject matter, Stake "should write the text!" Many students agreed with a classmate who wrote, "Professor Stake uses penetrating economic analysis to shed light on the inevitable tension between private and public property rights. This class is lively and, dare I say it, important !" Stake's research focuses primarily on property law. His interdisciplinary approach brings principles of economics, psychology, and sociobiol-ogy to bear on legal issues ranging from alimony and adverse possession to the Rule Against Perpetuities. He has published in leading legal periodicals, has presented papers at scholarly conferences throughout the United States and Europe, and was nominated to participate in the Leadership Fellows Program sponsored by the Committee for Institutional Cooperation. University Grant Funds CD-ROM Network in Library The Office of Information Technologies, New Computing Initiatives Program, has awarded the law library a $22,300 grant, which has been used to establish a multiple user CD-ROM environment. The library purchased a CD-ROM computer server, two CD-ROM towers, each with seven drives, and four dedicated work stations. This equipment created an environment where the most heavily-used CD-ROMs are mounted onto a network, and the dedicated CD-ROM work stations are used for lesser-used titles. Students, faculty, and library users can reach the CD-ROMs from most of the networked machines in the building. CD-ROMs on the network cover a variety of resources, including directories and indexes such as Index to Legal Periodicals and Martindale-Hubbell and other materials such as Kleinrock's Tax Library. CD-ROM products and other computer applications have altered the role of the traditional library. One of the continuing challenges for the library is to effectively merge essential traditional research methods with these exciting new technologies. Electronic Services Librarian Appointed In October, Juliet Casper joined the staff of the law library as the elec- 28 / Bill of Particulars Students Take Halloween to Court Juliet Casper tronic services librarian. Casper is a 1992 cum laude graduate of the IU School of Law-Bloomington and a 1993 graduate of the IU School of Library and Information Science. She received her BA from St. Mary's College at Notre Dame, where she graduated magna cum laude in government and literature. Casper joined the law library after two years as the evening and weekend reference librarian at Northwestern University School of Law Library. Since 1994, she has written a column for the Journal of Criminal Law and Criminology. Her research interests include criminal law and how the Internet affects First Amendment and copyright law doctrine. Casper provides general legal reference service and specialized assistance in the use of online databases. She coordinates computer instruction and teaches classes on resources on the Internet. She also teaches research in the Legal Research and Writing Program. During a law school Halloween celebration, defense counsel Brad Wolven (Cat in the Hat) delivers the opening statement to the jury before Judge Adam Mildred (Teenage Mutant Ninja Turtle). On Oct. 30, little ghosts and goblins, lions, elephants, and butterflies descended on the law school for a Halloween celebration. Children of faculty, staff, and students were invited to the late afternoon festivities, which began with all children receiving evidence bags and maps for office trick or treating. The celebration ended with the trial of the theft of the Great Pumpkin. After hearing testimony from various Halloween characters, including expert witnesses and the defendant, the children decided whether the defendant was innocent or guilty. This activity was sponsored by the Children and the Law Discussion Group. The activities of this student/ faculty group also include teaching short courses that introduce legal concepts and rights and responsibilities of citizens to fifth-grade classes in Bloomington elementary schools. Bill of Particulars / 29 Alumni News Before 1960 Robert O. Aders, JD'51, is chair of the Advisory Board Inc., an international consulting organization. He also serves on the board of directors of Checkpoint Systems Inc. From 1976 until 1993, he was chief executive officer for the Food Marketing Institute. J. Arnold Feldman, LLB'53, of Columbia, Md., retired in 1994 from the legal division of the Small Business Administration. For 20 of his 25 years with the SB A, Feldman was chief of the civil rights compliance division. He was honored during his career with a presidential citation and the George W. Morris Civil Rights Award. Feldman's wife, Aline Winetraub Feldman, BS'51, has an art studio in Columbia. After 26 years on the bench, Ray G. Miller, JD'54, has retired as judge of the court of common pleas of Muskingum County, Ohio. He and his wife, Marty Fergason Miller, BA'52, live in Zanesville, Ohio. Joe L. Hensley, LLB'55, a former circuit court judge and a partner in the Madison, law firm Hensley Walro Collins & Hensley, is the author of Grim City, his 17th suspense novel. Russell H. Hart, JD'56, is a senior partner in the law firm of Stuart & Branigin, West Lafayette. Last July, he was elected president of the National Association of Railroad Trial Counsel. 1960-69 In spring 1995, the board of regents of the American College of Trial Lawyers invited James E. Bourne, JD'65, to become an honorary fellow. Bourne, who has lived and practiced law in New Albany for 28 years, is a partner in the firm of Wyatt Tarrant & Combs. In July 1995, Ray Richardson, LLB'62, was elected to his second three-year term as a trustee of Indiana University. Richardson, a former member of the Indiana General Assembly, practices law in Greenfield, where he lives with his wife, Rosalie Nelson Richardson, BS'60, MAT'81. Robert A. Jeffries Jr., JD'66, senior vice president and board member of Leggett & Platt Inc., Carthage, Mo., has established a fellowship in his name for IU law students. Jeffries and his wife, Sylvia Gilmore Jeffries, live in Joplin, Mo. Muncie attorney Robert S. Koor, JD'65, was appointed in January 1995 to serve on the Fair Debt Collection Practices Act Committee of the Commercial Law League of America. David F. Shadel, JD'68, practices law in Koror, Republic of Palau. Kelly N. Stanley, JD'68, is president and CEO of Ontario Corp., Muncie, a privately owned manufacturing and service company. Stanley has worked for the corporation since 1978. 1970-79 The Bane One Trust Group has named Robert T. Johnson, JD'70, president of personal trust services. Gary Spivey, JD'70, a 25-year veteran of the legal publishing industry, was recently named vice president of electronic product development for Shepard's/McGraw-Hill, where he has worked since 1991. Wayne Walston, JD'71, is a vice president for Sprint/United Telephone-Centel, Mansfield, Ohio. Thomas N. Eckerle, JD'72, is a senior partner in the law firm of Johnson Smith Pence Densborn Wright & Heath, Indianapolis. He recently earned national certification in business bankruptcy law, one of his areas of concentration. John Robert Carr III, JD'74, is president and principal of the law firm of Buschmann Carr & Shanks, Indianapolis. In January, he was appointed chair of the employee benefits committee of the American Bar Association's tort and insurance practice section. Maryann M. Mukete, JD'74, has worked in Kumba, Cameroon, in national government as a labor administrator for more than 16 years. Active in many civic organizations, Mukete is vice president of the Business and Professional Women's Club and a member of the Cameroon National Association for Family Welfare, both in Kumba. William Joseph Finch, JD'75, practices law in Bloomington. Neil A. Weikart, JD'75, a corporate and commercial law attorney practicing in Minneapolis, was named a "leading attorney" in a survey of Minnesota lawyers conducted by the publisher of the Guidebooks to Law & Leading Attorneys. Deborah R. Gaber, JD'75, has a private family mediation practice in Allentown, Pa., and was recently appointed custody mediator for the Court of Common Pleas of Lehigh County. Her article "The Case for Mediation in Family Law Practice" was published in Pennsylvania Lawyer magazine. She also serves as a commissioner for the Allentown Human Relations Commission. Carol Connor Flo we, JD'76, is a partner in the law firm of Arent Fox Kintner Plotkin & Kahn, Washington, D.C. From 1987 to 1995, she served as counsel to the Pension Benefit Guaranty Corp., where she helped draft the Retirement Protection Act of 1994. Flo we lives in Potomac, Md. Trinova Corp., Maumee, Ohio, appointed John E.S. Mohr, JD'76, director of risk identification and prevention earlier this year. Mohr, of Perrysburg, Ohio, has worked for Trinova since 1990. In March 1995, President Clinton appointed Ann M. Delaney, JD'77, to serve on the Advisory Committee on the Arts of the John F. Kennedy Center for the Performing Arts, Washington, D.C. Delaney is the former chair of the Indiana State Democratic Party. Jerry German, JD'77, is vice president of downstate operations for the Attorneys' Title Guaranty Fund Inc., Champaign, Ill. He is the author of a chapter about ownership and development issues for Basic Real Estate Practices, a two-volume practice handbook published by the Illinois Institute of Continuing Legal Education. Charles P. Sammut, JD'77, has become a member of the intellectual property practice of Limbach & Limbach, San Francisco. Joseph D. O'Connor III, JD'78, a partner in the Bloomington law firm of Bunger & Robinson, is president of the Indiana Bar Association. Jeffrey K. Riffer, JD'78, recently published an article, titled "Recent Misinterpretations of the Avoidable 30 / Bill of Particulars Consequences Rule: The 'Duty' to Mitigate and Other Fictions," in the Harvard Journal of Public Policy. Riffer is an attorney in the firm of Jeffer Mangels Butler & Marmano, Los Angeles, and an adjunct professor of law at Pepperdine University. His wife, Catherine Anne Con way, JD'78, also practices law in Los Angeles. Since last October, Nicholas Mitsos, JD'79, has been at Oxford University, England, working toward a degree in social and political theory. The subject of his research is the Internet and its potential social ramifications. 1980-89 Robert Cabello, JD'80, is vice president of student services and an associate professor of counselor education and college student personnel for Western Illinois University, Macomb, Ill. Former Monroe County prosecutor Robert T. Miller, JD'80, practices with the Bloomington law office of David J. Colman, JD'70. Thomas Waldrep, JD'83, director of the law firm of Bell Davis & Pitt, Winston-Salem, N.C., is chair of the bankruptcy law section of the North Carolina Bar Association. Elizabeth Markham Warren, JD'83, is corporate counsel for the Image Bank, Dallas. David N. Schaffer, JD'84, practices law in Chicago, concentrating on matrimonial litigation. He has been cited three times in Dear Abby columns regarding family law issues and has published several articles on matrimonial law. He is also a member of the speaker's bureau of the Anti-Defamation League. David Snyder, JD'85, is vice president of trust services for First of America Bank-Indiana, Columbus, where he has worked since 1991. He lives in Bloomington. Brian K. Peters, JD'86, is a partner in the law firm of McHale Cook & Welch, Indianapolis. He lives in Greenwood. Allan T. Slagel, BS'85, JD'88, an associate in the litigation department of Shefsky & Froelich, Chicago, deals primarily with corporate securities cases. In July 1994, his article "Prevention Helps Insulate Directors from Liability" appeared in the National Law Journal. Slagel and his wife, attorney Deborah Joyce Allen, JD'89, live in Bloomingdale, Ill. Martha Dale Nathanson, JD'89, is director of regulatory affairs for Kirson Medical Equipment Co., Baltimore. She is also the author of the Home Health Care Answer Book, a manual of legal tips for home health providers, and is now working on an expanded version of the book. 1990-present Mary Fechtig, JD'91, was recently named an associate in the Chicago law firm of Blatt Hammesfahr & Eaton. Marilyn Bardie Kapaun, JD'91, vice president for Axle Communications Inc., Atlanta, is editor-in-chief of Digital Output, a national computer magazine. David Saag, JD'91, is senior title attorney in the Chicago office of Lawyers Title Insurance Corp., Richmond, Va. Saag and his wife, Sherrie Teitelbaum Saag, BS'88, live in Northbrook, Ill. Matt D. Strubbe, JD'93, is a first lieutenant in the Marine Corps. The Indianapolis law firm of Locke Reynolds Boyd & Weisell recently announced that Thomas E. Deer, JD'94, has joined the firm, where he will practice commercial litigation and labor and employment law. Daniel K. DeWitt, JD'94, is an associate in the law firm of Warner Norcross & Judd, Grand Rapids, Mich. Michael T. Hylland, JD'94, is also practicing with Warner Norcross & Judd. After passing the patent bar exam, Hylland has joined the firm's intellectual property practice group. He lives in Muskegon, Mich. David O. Barrett, JD'95, is an associate in the litigation department of Ice Miller Donadio & Ryan, Indianapolis. His practice focuses on product liability and drug and device litigation. lan John, JD'95, and Liz Stuart, JD'95, were married in August, and have moved to New York to begin their careers as lawyers. Charting Strategic Directions In October 1994, even before his official inauguration, IU President Myles Brand launched the strategic directions process in his first State of the University address. He called for Indiana University to become a model for America's new public university, and he proposed eight future strategic directions. During 1995, about 250 faculty, staff, alumni, and students, organized into eight task forces based on Brand's outline, began to look for specific ways to address these key strategic issues. The Strategic Directions Charter distills the original 73-page task force recommendations into 27 pages organized under three "dynamics": • The responsibilities of excellence; • The community of learning; and • Accountability and best practices, the effective management of the university. At the end of the fall semester, the trustees approved a final draft of the document. About $20 million has been set aside to carry out the charter's 30 individual recommendations. Proposals for both one-time and long-term projects are due in March. Copies of the charter can be obtained by calling (317) 278-1585 or by accessing the university's home page (http://www.indiana.edu/). Bill of Particulars / 31 Dean's Message (continued from page 1) discussions about law and legal issues among yourselves. Law is an intensely human undertaking in which there are few easy or cut and dried answers. Much of it has to be analyzed from multiple points of view before you have a sense of what might be best for society and what might be best for your client. The diversity of your class and of this school is an asset, as it is in any productive learning environment. We look forward to the diversity of your perspectives. We do more than look forward to them, we need them. Your legal education is not something we do to or for you. It is an ongoing and collaborative process, like the law itself. You come from all over the United States and some of you have come from abroad. You have a rich variety of educational backgrounds in the liberal arts, sciences, and professional fields. This is an extraordinarily important asset in your education because your diversity as a group will help teach you to listen and express yourselves as individuals. Sensitive listening, careful reading, and precise self-expression are three of the major skills you will need in law school and in your legal careers. Many times in the classroom or in the library you will hear or read points of view you have never heard or considered before and others with which you disagree. This is as it should be. This is a place where imagination, argument, and community are partners. Your classrooms should be lively settings in which you should feel free to speak, argue, disagree, and listen. I mentioned at the outset that the photographs on the wall outside honor very distinguished graduates of our law school. This year, we have added five more alumni to this group. Senator Birch Bayh has been added. He is well known for his terms as a U.S. senator from Indiana and as the author of the 25th and 26th amendments to the Constitution. We have also honored Judge Franklin Cleckley, a distinguished legal scholar and now a justice on the West Virginia Supreme Court, the first African American to sit on that court. We have also inducted John Carroll, for his dedicated service as a lawyer with the firm of Johnson Carroll & Griffith in Evansville, Indiana, and we inducted John Houghton, an eminent lawyer in the firm of Barnes & Thornburg in Indianapolis. We also honored one of our graduates posthumously. Many may know his name and may be surprised to hear it here. It is Hoagy Carmichael, a member of the Class of 1926. Hoagy Carmichael was one of this country's most important composers, truly a national treasure. His music has lasted the decades and there are few composers about whom that can be said. "Stardust," "Up a Lazy River," "Georgia on My Mind" are tunes you have all heard, since they are so often readapted to new audiences in new musical styles. One of the hallmarks of his genius was his ability to write music that could speak to generation after generation. We honor Hoagy Carmichael to celebrate the importance of creativity and imagination in the law and in legal education. Personally, I think that the great lawyers are all great composers, just as Hoagy Carmichael was. Great compositions are carefully crafted and come from the deepest parts of a musician's talent and knowledge. They represent the ultimate combination of inspiration and craftsmanship. Justice, too, requires creativity; the search for justice demands art and optimism, and the realization of justice requires craftsmanship. As you prepare for your first class, you deserve to feel proud, proud to be at this law school and proud to be a lawyer. I hope you will approach your career here as an exciting intellectual opportunity to learn and to grow, to think some ideas for the very first time, yet recognize them as your own. Your legal education is your opportunity as a citizen of your community, nation, and the world, to become a voice for humane, creative, constructive legal development and change. This is what generations of Indiana University law students have done in the past, turning their legal educations into meaningful vocations and, we hope, into a life-long sense of personal fulfillment. This is our wish for you. Help Make a Difference Hoosiers for Higher Education (H.H.E.) is a statewide organization of Indiana citizens wanting to raise public awareness about the importance of higher education for Indiana's future. We need your nonmonetary support. Please call (800) 824-3044 for information. 32 / Bill of Particulars The celebration of the law school's sesquicentennial in 1992 emphasized the need for preserving the school's history and traditions. With new finds and donations, the law library's photo archive continues to grow, but most class photos are missing. The archive contains several group, composite, and candid photos of law classes, the oldest being a composite photo of the Class of 1871. The library is also in need of a few volumes of the university yearbook, the Arbutus. If you can help complete the collection, please call Colleen Pauwels, library director, or Ellen Ravens-Seger, photo archivist, at (812) 855-9666. Class Photos Wanted! Class of 1922 Class of 1951 Class of 1942 Class of 1963 INDIANA UNIVERSITY ALUMNI ASSOCIATION Fountain Square, Suite 219 Post Office Box 4822 Bloomington, Indiana 47402-4822 Non-Profit Organization U.S. Postage PAID Indiana University Alumni Association