INDIANA LAW ANNOTATED Vol. 12 No. 9 March 10, 1997 School of Law — Bloomington INSIDE JOHN ORTH, GUEST LECTURE ............ 1 FROM THE EDITOR'S DESK. 1 LETTERS TO THE EDITOR .. 2 NEWS FROM THE FACULTY. 2 NEWS FROM STUDENT AFFAIRS OFFICE....... 3 NEWS FROM CAREER SERVICES ............. 3 NEWS FROM STUDENT ORGANIZATIONS ....... 3 ANNOUNCEMENTS ........ 4 EVENTS, LECTURES ....... 5 CALENDAR ............... 5 Indiana Law Annotated School of Law — Bloomington Submissions: ILA is published every Monday. Information and articles for ILA should be submitted by Thursday at 10am for inclusion in Monday's edition. Submissions can be given to Karen Miller in Room 240, put in Karen Miller's box in the faculty mailroom on the second floor or placed in the envelope by the bulletin board across from the elevator on the ground floor. In addition, submissions can be sent through campus E-mail to millerk@law.indiana.edu (this is preferred). Letters to the Editor: Letters should be submitted by Wednesday at 5 pm for possible inclusion in Monday's issue. Letters must be delivered in person to Karen Miller in Room 240, and must contain the author's name and a telephone number where the author can be reached. Letters may not be submitted electronically. Letters will be published only on a space-available basis, and the decision of the Editor is final on all matters relating to the publication of letters. JOHN ORTH PRESENTS GUEST LECTURE On Monday, Mar. 10, at Noon in the third-floor Faculty Lounge, John Orth, Kenan Professor of Law at the University of North Carolina, will give a talk entitled "Taking from A and Giving to B: Substantive Due Process and the Case of the Shifting Paradigm." Everyone is welcome to attend. For a copy of Orth's paper in advance, and for any further information, contact Steve Conrad. FROM THE EDITOR'S DESK I have made a solemn promise that I won't say anything in my column, this week, about the law-school rankings recently produced by U.S. News and World Report (and revised this week to account for errors in the methodology). Professor Terry Bethel, who is a recovering administrator himself (having performed distinguished service as Associate and Acting Dean of the Law School a few years ago), is acting as my sponsor in a twelve-step program to try and deal with my addiction to administrative duties. Therefore, whenever I have the urge to point out yet another problem with the U.S. News rankings, I'm supposed to call Professor Bethel instead, for his help and support. It won't be easy, but I'll try to remember... On a cheerier note, I hope that many of you were able to participate, at least for part of the day, in last Friday's Global Journal Symposium on "The Public's Health in the Global Era: Challenges, Responses, and Responsibilities." This year's Symposium carried on the tradition of excellence established by the previous Global Symposia — especially, in my view, in the robust exchange of views about "rights" and "responsibilities" in the area of global health care that erupted during the general discussion session in the late afternoon. The five participants in that discussion (including Dr. Louis Lasagna of Tufts University; Dennis Pirages of the University of Maryland; Dr. Eibe Riedel of the University of Mannheim; Sarvinder Juss of the University of Westminster; and Dale Jamieson of Carleton College) gave all of us a lot to think about, both as citizens of one of the wealthiest country in the world and as citizens of a larger world that includes far too many poor, undernourished, and often-unhealthy peoples. I want to express my personal thanks to Professor David Fidler (who had to leave for Palestine, as part of a World Bank delegation, in the middle of the Symposium) and the editors and staff of the Indiana Journal of Global Legal Studies for putting on such a rich intellectual event. I look forward to a similar event in just a few more weeks, as we anticipate the 1997 Law and Society Conference on "Law and the New American Family." More to come on that conference, which will be held on April 4, in next week's ILA. Because I have to attend the Global Symposium dinner now, I'm going to sign off for this week. Take care, and bye for now. — Joseph Hoffmann 2 March 10,1997 LETTERS TO THE EDITOR Dear Editor: I am hesitant to reply to the letter to editor, published in the Indiana Law Annotated on March 3, 1997. In the course of our lives we read many things, some very accurate and others slightly skewed. In many cases, the first reaction to a skewed writing is to ignore it. However, ideas -erroneous or correct -need to be tested and challenged, if only to add new or different terms to the debate. While I respect the rights of Mr. Mull to express his opinions, I disagree with Mr. Mull. The United States is a melting pot. It has always been that way and hopefully always will remain that way. The citizenry of the United States is very diverse. Diversity is what makes us better people; it allows us to learn about other, perhaps better, ways to do things. It appears that Mr. Mull believes that the government should privilege certain religious doctrines to the exclusion of others. Mr. Mull is not the first, nor unfortunately not the last, person to suggest that the constitution privileges particular belief systems or religions such as Christianity. Those who advocate •religious uniformity among the citizenry and that government should control the religion of its people do not respect the foundation of the United States, they devalue it. Mr. Mull talks of God, as he believes God was "intended" to be in the creation of the United States. I ask Mr. Mull and others to consider the dangers inherent in having a single, constitutionally recognized image of God. Today, there are more than 1300 religious sects in the United States, each with differing views of God: some believe God to take the form of Buddha or Mohammed, or perhaps a spirituality, but nonetheless the form of a god. Still others believe there is no God nor any superior being. These people are not wrong. These people do not threaten the foundation of the United States. Rather, these people make the United States stronger. As people with differing views interact, they cause each other to evaluate their own beliefs and re-examine their own lives. We may choose to accept their beliefs; we may change our beliefs; we may change our religion completely; or we may reject their views and strengthen our own beliefs. Diversity in religion in fact - and constitutional neutrality in law -enriches, broadens, and integrally supports the foundation of the United States. What does it mean, though, that people such as Mr. Mull would prefer that everyone share their religious beliefs or that government control the religious beliefs of "We the people"? Matters of religious conscience - and for that matter political, racial, sexual, and other beliefs - must not be privileged nor given the full faith and credit of the United States to the exclusion of other people's beliefs. I sincerely hope that Mr. Mull did not mean to advocate that government should select among religions to choose what should be orthodox. History teaches that such a course is dangerous. No person should allow others to force or control their beliefs, values, or morals. Each person should be free to develop these all important aspects of their personalities without interference from government. Individuals develop their morals, values, and beliefs through the accumulation of life experiences and by freely choosing among alternative views of life—not by government fiat. If government could dictate what is right in matters of conscience or religious doctrine, the country would lose its richness and diversity. Surely, Mr. Mull must also understand that such a government might not choose Christianity (or, even if it did, not his particular brand or sect) and that his freedom to believe as he chooses would not exist. Remember, the foundation of the United States and of our civilization is based on the strength of our diversity of religion, race, gender, sexual beliefs, political beliefs, values and morals. The foundation of the United States is not built on any particular view of religion but, in large measure, from the religious liberty our constitution celebrates. Only if we were all to conform to the same beliefs would our foundation crumble to the ground. Todd Maurer (3L) David Suess (3L) NEWS FROM THE FACULTY Professor David Fidler spent Mar. 3 and 4 in Washington, D.C. attending receptions and meetings held in connection with Yasser Arafat's discussions with President Clinton about the peace process. Professor Fidler was invited to attend the dinner honoring Chairman Arafat at which Arafat bestowed on former Commerce Secretary Ron Brown's family the highest award given by the Palestinian people. This reception also celebrated the ground breaking in Gaza of a Marriot Hotel and Business Center, a significant step forward in terms of Palestinian economic development. Professor Fidler also attended a seminar on Palestinian business at which high ranking U.S. and Palestinian officials discussed the prospects for and problems facing Palestinian economic development. Professor Fidler left on Mar. 7 for a World Bank mission to Jerusalem to work 3 March 10,1997 Indiana Law Annotated with the Palestinian Authority on revising its investment law. On Saturday, Mar. 8, Professor Rob Fischman presented some of his research on National Park Service establishment legislation on a panel at the National Association of Environmental Law Societies annual conference at Chicago-Kent Law School. NEWS FROM STUDENT AFFAIRS OFFICE REGISTRATION FOR SUMMER AND FALL SEMESTER Registration for the summer sessions will take place in the Recorder's Office on Mar. 26 and Mar. 27. Informational material regarding summer school, including loan matters, will be available on Mar. 12. Registration for the fall semester will take place in the Recorder's Office on Apr. 8 (2Ls) and Apr. 10 (1 Ls). Schedules for next year will be available on Mar. 13. All other informational material for registration, including course description packets and the schedules for 1998-99, will be available on Mar. 26. NEWS FROM CAREER SERVICES INTERNATIONAL LAW CAREERS Previously scheduled for Tuesday, Mar. 11, the International Law Careers Seminar has been canceled. Prof. Fidler must go out of town. This seminar will be rescheduled. Please watch for future postings. INDIANA JOB FAIR (ALL CLASS YEARS) This year's Indiana Job Fair will be held on Friday, Apr. 11 (Indy). The deadline for registration is Noon on Tuesday, Mar. 18. Materials for the Indiana Job Fair will be available during spring break. ISBA's annual Job Fair creates an opportunity for Indiana legal employers to recruit students from the four Indiana law schools at one venue, in one day. Students register for the program through their own CSO (see above deadline). To register, stop by the CSO and review the Indiana Job Fair Notebook. CAREER SERVICES OFFICE OPEN SPRING BREAK Our office will be open ALL of spring break. Both Christine and Kathleen will be available for appointments. PILF FELLOWSHIP APPLICATIONS The application deadline for the PILF Fellowships has been extended until Monday, Mar. 24. Application forms are available in Dean Fromm's office and the CSO. NEWS FROM STUDENT ORGANIZATIONS ILAC Don't forget every member needs to go on at least one trip to Terre Haute this semester. Many inmates need assistance. Sign-ups are on the ILAC bulletin board. Following are the remaining trip dates for this semester: Mar. 11, Mar. 25, Apr. 1, and Apr. 8. PUBLIC INTEREST LAW FOUNDATION PILF will meet on Thursday, Mar. 13 at Noon in Room 214. CHRISTIAN LEGAL SOCIETY CLS will meet Wednesday, Mar. 12 at 12:15pm in Room 214. Bible Study is Thursday, Mar. 13 at 5pm in Room 206E of the library. Everyone, including students, faculty and staff, is welcome! THANK YOU Children and the Law Discussion Group would like to thank all the volunteers that helped make Children's Law Day a great success. We couldn't have done this without your help: Maria Thomas Wagner, Germaine Winnick, Melissa Johnson, Shelly Miyashiro, Nancy Strick, Bob Markette, Martha Marion, Liisi Baumgartner. A special thank you to our Law Day teachers: Professor Markell, Professor Stake, Professor Lahn, Professor Reichard, and i Heather De Coursey. I ACLU STUDENT CHAPTER MEETING All persons interested in learning more about, and possibly ; participating in, the student chapter | of the ACLU are welcome to attend ! the next organizational meeting on i Tuesday, Mar. 11 at 12:15pm. The i meeting will take place in Room 124. I Anyone who has questions before that time should feel free to contact I David Suess (3L). LAW & FILM SOCIETY & BLSA SPONSOR SCREENING OF ROSEWOOD1 This Wednesday, Mar. 12, BLSA and the Law & Film Society are sponsoring the L&FS's 4th movie outing. Please join us for a screening of "Rosewood" starring "Pulp 4 March 10,1997 FictiorT's Ving Rhames, "Devil in a Blue Dress"'s Don Cheadle, "Deliverance'"s Jon Voight and "Good Times" Esther Rolle (that's right, good ol' Florida Evans). The TRUE premise: When a white woman claims to have been assaulted by a black drifter, a lynch mob attacks and burns down an entire black town. John Singleton ("Boyz N The Hood", "Poetic Justice", "Higher Learning") directs this 1923 true story largely omitted from America's history books. So, if you're still around on the Wednesday before Spring Break, and if you can afford a two hour study break from that oh-so-tough MPRE, join us WEDNESDAY, MAR. 12, AT COLLEGE MALL CINEMAS (the one IN the mall), AT 9PM. As always, the L&FS will provide absolutely free popcorn and soft drink refills, cause we've got that kinda power. See ya there! CALLING ALL DELTAS Delta Theta Phi will have a general meeting on Tuesday, Mar. 11 at 4:45pm in Room 121. Contribute the warped time to you Property IL's and Trial Process 2L's. This is a very important meeting. WE will be discussing the ever-approaching Ambulance Chase (Apr. 5), and we need help from all of you! Other topics will include Spring Rush (Apr. 5- initiation on Apr. 12: spread the word!), upcoming Demurrer's Club (Apr. 10), and 1997-1998 elections: (Apr. 10, now is the time to make your stump speech). As always, righteous refreshments will be provided - we may even have some food this time. COME! or we'll send Hagedorn and his flaming sword after ya. THE CHASE Clear your calendars, the 4th Annual Ambulance Chase is set for Saturday, Apr. 12 at 9am sharp! RUSH, RUSH We ain't talkin' Paula Abdul -no sir! Delta Theta Phi is proud to announce its Spring Rush! For all of you who survived the fraternity wars of the fall, Delta Theta Phi is back to recruit you again. Last semester, the IUB Law senate initiated 72 new members - an IULAW record! Rush kicks off Apr. 5 with Ambulance Chase and will include a Demurrer's Club, Happy Hour at Kilroy's, a "Rushees pick the Star Wars Movie night", and possibly the return of one of the law school's greatest parties. Everything culminates in Saturday, Apr. 12 8pm initiation! If you waited for second semester to do anything non-academic, now is your chance. Put Delta Theta Phi on your resume, and take off from there -just like Supreme Court Justice Sandra Day O'Connor, Oliver Wendell Holmes, Dan Rather...and Julian Senior! Please visit our green-felt laden table in the lobby in the next few weeks for info! OSCAR CONTEST The Law & Film Society proudly announces the 3rd annual Academy Awards Contest! You pick the winners, and maybe, we'll give you prizes! Prizes awarded to the three top finishers, predicting the biggest upset, and to the worst entry (lowest score), so literally ANYONE can win. The Academy Awards are Monday, March 24 at 8pm EST on ABC - which is the first day back after Spring Break, so pick up your entry forms and get your picks done early! Forms will be available at the Oscar Pool poster in the lobby this week and possibly, in everyone's box. So, even if you think "Mulholland Falls" deserves a Best Picture Oscar and Pamela Anderson's Bra deserves a "Best Supporting Actress" Oscar for 'Barb Wire', throw your hat in the ring and keep reaching for the stars! ANNOUNCEMENTS REMINDER FOR STUDENT CONTACTS Just a reminder to those who have been given names of newly admitted students to contact. Calls need to be made before Spring Break if possible. Please report back to the Admissions Office after you have contacted the individual(s). If you are unable to place calls, please return your phone list to Admissions. 3LS REMINDED TO VOTE All third years should take the opportunity to vote for Student Speaker, Gavel Award, and Outstanding Contribution to Student Life. Voting will occur in three phases. The first round of voting, from nominations made last week, will occur today through Wednesday (March 10-12) at a table set up in the main lobby during the morning and noon hours. Third years should cast a vote for their top two choices from the nominated names. An intermediate and final vote will occur during the two weeks following spring break. CLOTHING DRIVE Students, Faculty and Staff— Clean out those closets! Phi Delta Phi and the Christian Legal Society are co-sponsoring a clothing drive the week after spring break. There will be boxes set up around the law school (designated spots to be announced). Bring your old clothes in and we will donate them to the Opportunity House. • 5 March 10,1997 EVENTS, LECTURES RIGHT TO PRIVACY ON THE INFORMATION SUPERHIGHWAY The Federalist Society will host Professor Gate who will give a talk entitled "Right to Privacy on the Information Superhighway" at the Irish Lion on Wednesday, Mar. 12 at 7pm. All are invited to attend. CALENDAR MONDAY, MARCH 10 ... John Orth's Talk, "Taking from A and Giving to B: Substantive Due Process and the Case of the Shifting Paradigm," Noon, Faculty Lounge TUESDAY, MARCH 11 ...ILAC trip to Terre Haute ...ACLU Student Chapter Meeting, 12:15pm, Room 124 ...Delta Theta Phi, 4:45pm, Room 121 WEDNESDAY, MARCH 12 ...CLS Meeting, 12:15pm, Room 214 ...Fred Gate's talk, "Right to Privacy on the Information Superhighway," 7pm, Irish Lion ...L&FS & BLSA Sponsor "Rosewood," 9pm, College Mall Cinemas THURSDAY, MARCH 13 ...PILF Meeting, Noon, Room 214 ...CLS Bible Study, 5pm, Room 206E (Library) SATURDAY, MARCH 15 ...Spring Break Begins MONDAY, MARCH 24 ...Classes Resume Indiana Law Annotated