Indiana Law Review Indiana „law Review VOLUME 13 • 1980 • NUMBER 3 reriQQjcai Collection *^"^"~r^ii I II i| I iwi <— I n m Articles Identification of Goods and Casualty to Identified Goods Under Article Two of the UCC Rhonda R. Rivera Extraterritorial Expropriations Clyde H. Crockett - ^.^HsWI c?^..j:>:;rn g Computer Crime: The Law in '80 ! Michael Gemignani Comment ^,^^^ Trial Advocate Competency j The Honorable Robert H. Staton Notes Examining the Policies for Applying the Criminal Defendant Privilege to Removal Actions The Bankruptcy Code of 1978 and Its Effect Upon Tenancies by the Entireties The Efficiency of Liberalizing Branch Banking in Indiana Case Note Navigational Servitude— Taking of Property Under the Fifth Amendment rrADVOCACY - The Art of Pleading a Cause Author: Richard A. Givens This book deals with the strategies of advocacy - the art of pleading causes in whatever forum. 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Next, a complete "Research Guide", with cross: referencing to appro- Guide can always be up-to-date. Bender's Midwest TVansaction Guide -it isn't just another lawbook, it's the cornerstone of your entire law library To order or to get more information about this step-by-step Guide, take this step-send us the coupon. A Breakthrough for Business Tax Courses Federal Income Taxation Of Dooiestic Aod Foreign Business Transactions By Samuel C. Thompson, Jr. $25.00* Appx. 1200 pages This new business tax law textbook presents case problems, textual materials and ques- tions in a practical, yet innovative format. It presents a comparative study of tax law for the three major forms of business enterprise — Subchapter C and Subchapter S Corporations, and Partnerships. The four major divisions of this book examine the taxation impact of organizations, operations, taxable sales and liquidations, and reorganizations, in light of the domestic and foreign aspects of each type of business enterprise. Tax law policy considera- tions are also discussed. It is the most flexibly integrated and sensibly structured coursebook in business taxation currently available. © 1980, The Bobbs-Merrill Company, Inc. *Plus shipping, handling and tax where applicable (This is student price) MICHIE BOBBSMERRILL Law Publishing^ P O Box 7587 Charlottesville, Virginia 22906 Indiana Laiiv Revieiv Volume 13 1980 Number 3 Copyright © 1980 by the Trustees of Indiana University Articles Identification of Goods and Casualty to Identified Goods Under Article Two of the UCC Rhonda R. Rivera 637 Extraterritorial Expropriations Clyde H. Crockett 655 Computer Crime: The Law in *80 Michael Gemignani 681 Comment Trial Advocate Competency The Honorable Robert H. Staton 725 Notes Examining the Policies for Applying the Criminal Defendant Privilege to Removal Actions 747 The Bankruptcy Code of 1978 and Its Effect Upon Tenancies by the Entireties 761 The Efficiency of Liberalizing Branch Banking in Indiana 799 Case Note Navigational Servitude — Taking of Property Under the Fifth Amendment 819 Volume 13 April 1980 Number 3 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published four times yearly, January, March, April, and June, by the Indiana University School of Law — Indianapolis, which assumes complete editorial responsibility therefor. Subscription rates: one year, $15.00; foreign $18.50. Single copies: annual Survey issue, $9.00; other issues, $4.50. Back issues, volume 1 through volume 11, are available from Fred B. Rothman & Co., 10368 W. Centennial Rd., Littleton, Co. 80123. Please notify us one month in advance of any change of address and include both old and new addresses with zip codes to ensure delivery of all issues. Send all correspondence to Editorial Assistant, Indiana Law Review, Indiana University School of Law — Indianapolis, 735 West New York Street, Indianapolis, Indiana 46202. Publication office: 735 West New York Street, Indianapolis, In- diana 46202. Second class postage paid at Indianapolis, Indiana 46201. Please enter my subscription to the INDIANA LAW REVIEW NAME ADDRESS Enclosed is $. Bill me for _ Mail to: for subscriptions. subscriptions. INDIANA LAW REVIEW INDIANA UNIVERSITY SCHOOL OF LAW -INDIANAPOLIS 735 West New York Street Indianapolis, Indiana 46202 Subscription Rates (one year): Regular, $15.00; Foreign. $18.50; Survey, $9.00 lodiana Lai^ Revieir Volume 13 1980 ROGER D. ERWIN Editor-in- Chief R. Matthew Neff Executive Editor Charles E. Barbieri Wendy B. Reisman Lynne M. McMahan Joan M. Ruhtenberg Articles Editors Patti J. KuRTH Linda R. Lamping Managing Editors Kevin M. Barton Janet S. Ellis Gregory J. Bubalo Robert A. Hutchens MONETTE E. Draper Edward V. Olson Note and Development Editors Thomas V. Easterday George E. Purdy Michael R. Hartman Charles E. Spevacek Carole J. Johnson Douglas E. Starkey Brian A. McKinsey Carolyn R. Sutton Michael J. McMahon James D. Zeglis Associate Editors PAUL J. GALANTI Faculty Advisor Dawn Campbell Editorial Assistant Indiana University School of Law — Indianapolis 1979-1980 ADMINISTRATIVE OFFICERS AND FACULTY Administrative Officers John W. Ryan, Ph.D., President of the University Glenn W. Irwin, Jr., M.D., Vice-President Frank T. Read, J.D., Dean Gerald L. Bepko, LL.M., Acting Associate Dean for Administration and Finance G. Kent Frandsen, J.D., Assistant Dean for Student Affairs Faculty Thomas B. Allington, Professor (on leave, first semester, 1979-801. B.S., University of Nebraska, 196A; J.D., 1966; LL.M., New York University, 1971. Edward P. Archer, Professor. B.M.E., Rensselaer Polytechnic, 1958; J.D., Georgetown University, 1962; LL.M., 196U. James F. Bah.ey, III., Associate Professor and Director of Law Library. A.B., University of Michigan, 1961; J.D., 196Jt; M.A.L.S., 1970. Agnes P. Barrett, Associate Professor. B.S., Indiana University, 1942; J.D., 1964. Gerald L. Bepko, Acting Associate Dean for Administration and Finance, and Pro- fessor. B.S., Northern Illinois University, 1962; J.D., IIT/Chicago-Kent College of Law, 1965; LL.M., Yale University, 1972. Clyde Harrison Crockett, Associate Professor. A.B., University of Texas, 1962; J.D., 1965; LL.M., University of London (The London School of Economics and Political Science), 1972. Debra a. Falender, Associate Professor. A.B., Mount Holyoke College, 1970; J.D., Indiana University, 1975. Cleon H. Foust, Professor Emeritus. A.B., Wabash College, 1928; J.D., University of Arizona, 1933. G. Kent Frandsen, Assistant Dean-Student Affairs, and Associate Professor. B.S., Bradley University, 1950; J.D., Indiana University, 1965. David A. Funk, Professor. A.B., College of Wooster, 1949; J.D., Case Western Reserve University, 1951; M.A., Ohio State University, 1968; LL.M., Case Western Reserve, 1972; LL.M., Columbia University, 1973. Paul J. Galanti, Professor. A.B., Bowdoin College, 1960; J.D., University of Chicago, 1963. Helen P. Garfield, Associate Professor. B.S.J., Northwestern University, 1945; J.D., University of Colorado, 1967. Harold Greenberg, Associate Professor. A.B., Temple University, 1959; J.D., University of Pennsylvania, 1962. John S. Grimes, Professor of Jurisprudence Emeritus. A.B., Indiana University, 1929; J.D., 1931. Jeffrey W. Grove, Associate Professor (on leave, 1979-80). A.B., Juniata College, 1965; J.D., George Washington University, 1969. William F. Harvey, Carl M. Gray Professor of Law. A.B., University of Missouri, 1954; J.D., Georgetown University, 1959; LL.M., 1961. W. William Hodes, Assistant Professor. A.B., Harvard College, 1966; J.D., Rutgers, Newark, 1969. Lawrence A. Jegen III., Professor. A.B., Beloit College, 1956; J.D., University of Michigan, 1959; M.B.A., 1960; LL.M., New York University, 1963. William R. Jones, Professor. B.S., University of Louisville, 1950; J.D., University of Kentucky, 1968; LL.M., University of Michigan, 1970. Henry C. Karlson, Assistant Professor. A.B., University of Illinois, 1965; J.D., 1968; LL.M., 1977. Charles D. Kelso, Professor (on leave, 1979-80). A.B., University of Chicago, 1946; J.D., 1950; LL.M., Columbia University, 1962; LL.D., John Marshall Law School, 1966; J.S.D., Columbia University, 1968. William Andrew Kerr, Professor. A.B., West Virginia University, 1955; J.D., 1957; LL.M., Harvard University, 1958; B.D., Duke University, 1968. Walter W. Krieger, Associate Professor. A.B., Bellarmine College, 1959; J.D., University of Louisville, 1962; LL.M., George Washington University, 1969. William E. Marsh, Associate Professor. B.S., University of Nebraska, 1965; J.D., 1968. Melvin C. Poland, Professor (on leave, second semester, 1979-80). B.S., Kansas State University, 1940; LL.B., Washburn University, 1949; LL.M., University of Michigan, 1950. Ronald W. Polston, Professor. B.S., Eastern Illinois University, 1953; LL.B., University of Illinois, 1958. Gary A. Ratner, Associate Professor. B.S., California Institute of Technology, 1966; M.S., Purdue University, 1969; J.D., University of Connecticut, 1973; LL.M., Yale University, 1974. Frank T. Read, Dean and Professor. B.S., Brigham Young University, 1960; J.D., Duke University, 1963. Marshall J. Seidman, Professor. B.S., University of Pennsylvania, 1947; J.D., Harvard University, 1950; LL.M., 1970. William A. Stanmeyer, Associate Professor (on leave 1979-80). A.B., Xavier University, 1958; A.M., Loyola University, 1962; J.D., DePaul University, 1966. Kenneth M. Stroud, Professor. A.B., Indiana University, 1958; J.D., 1961. James W. Torke, Professor. B.S., University of Wisconsin, 1963; J.D., 1968. R. Bruce Townsend, Professor of Jurisprudence (on leave, second semester, 1979-80). A.B., Coe College, 1938; J.D., University of Iowa, 1940. James Patrick White, Professor (on leave). A.B., University of Iowa, 1953; J.D., 1956; LL.M., George Washington University, 1959. Harold R. Woodard, Assistant Professional Lecturer. B.S., Harvard University, 1933; J.D., 1936. LiLA J. Young, Visiting Assistant Professor. A.B., Northwestern University, 1961; J.D., Indiana University, 1970. Law Library Staff Wendell E. Johnting, Technical Services Librarian. A.B., Taylor University, 1975. Christine L. Stevens, Reference Librarian. A.B., Western Michigan University, 1970; M.L.S., Indiana University, 1971. Kathy J. Welker, Assistant Director. A.B., Huntington College, 1969; M.L.S., Indiana University, 1972. Merlin P. Whiteman, Reader's Services Librarian. A.B., Hope College, 1973; M.L.S., Indiana University, 1974.