Indiana Law Review Indiana „law Review VOLUME 13 • 1980 • NUMBER 4 reriouicai Collection Articles Congressional Response to Zurcher v. Stanford Daily Senator Birch Bayh Double Jeopardy Protection— Illusion or Reality? Susanah M. Mead Corporate Officers Beware — Your Signature on a Negotiable Instrument May Be Hazardous to Your Economic Health Tom L. Holland Notes The Constitutionality of the Federal Surface Mining Control and Reclamation mhmv^i^^- Act of 1977 The Proper Standard to Apply Under JAN291931 01 OF IAW-;^DPI Indiana Trial Rule 41|B): Motion for Involuntary Dismissal Double Jeopardy and the Rule Against \t Punitive Damages of Taber v. Hutson Case Note Evidence— Adoption of the "Silent Witness Theory"— Bergner v. State UBCHAPTER TAXATION SECOND EDITION Available April 1980! A completely revised edition of this very popular publication will be avail- able in April 1980. Published in the looseleaf format with semiannual supplementation, this book will al- ways be up-to-date. 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The four major divisions of this book examine the taxation impact of oi^ganizations, 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) MKZHIE BOBBSMERRILL Law Publishing^ P O Box 7587 Charlottesville, Virginia 22906 Indiana Lai^ Revieiv Volume 13 1980 Number 4 Copyright © 1980 by the Trustees of Indiana University Articles Congressional Response to Zurcher v. Stanford Daily Senator Birch Bayh 835 Double Jeopardy Protection — Illusion or Reality? Susanah M. Mead 863 Corporate Officers Beware — Your Signature on a Negotiable Instrument May Be Hazardous to Your Economic Health Tom L. Holland 893 Notes The Constitutionality of the Federal Surface Mining Control and Reclamation Act of 1977 923 The Proper Standard to Apply Under Indiana Trial Rule 41(B): Motion for Involuntary Dimissal 969 Double Jeopardy and the Rule Against Punitive Damages of Taber v. Hutson 999 Case Note Evidence — Adoption of the "Silent Witness Theory" — Bergner v. State 1025 Volume 13 June 1980 Number 4 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. 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Cook Debra l. Scott Managing Editors DANIEL G. Areaux Nancy L. Marshall Nancy J. Davis Patricia F. Seasor Janet C. Knapp n. Kent Smith Note and Development Editors Dayle L. Anderson James H. Austen Janet W. Averett Thomas V. Easterday Janet E. Ellis Marshall W. Grate Mary C. Greives Richard E. Hagenmaier Edward R. Hannon Associate Brandt N. Hardy Beth E. Holland Brenda S. Horn Lawrence E. Lawhead Robert D. MacGill Mary Jo Morrison R. Russell Petterson Carol E. Reese Donald S. Smith Editors Paul J. Galanti Faculty Advi-or 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, 1979-80). B.S., University of Nebraska, 1964; 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., 1964. James F. Bailey, III., Associate Professor and Director of Law Library. A.B., University of Michigan, 1961; J.D., 1964; 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 Texa^, 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, 19U9; 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; M.L.S., Indiana 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, Readers Services Librarian. A.B., Hope College, 1973; M.L.S., Indiana University, 1974. ERRATA Page 782, ninth line: For Moreoever read Moreover. Page 817: For JOHN W. Transelle read JOHN W. TANSELLE.